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Home My WebLink About09-15-1992 1{ 7 AGENDA !,y CITY OF DENTON CITY COUNCIL V'Qq~i September 15, 1992 /l D Work Session of the City of Denton City Council on Tuesday, September 15, 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 intervention in Dallas County Park Cities Municipal Utility District v, City of Dallas and City of Grapevine. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1 C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. Consider appointments to .ha Downtown Advisory Board, the Electrical Code Board, and the Animal Shelter Advisory Committee. 2. Receive a report and hold a discussion regarding Ray Roberts Greenbelt and )ive staff direction, 3. Rece.ive a report and hold a discussion regarding a petition to relec,,se the Bridges-Hemphill Escrow Agreement for perim. ter paving and give staff direction. Regular Meeting of the City of Denton City council. on Tuesday, September 15, 1992 at 7:u0 p.m, in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular session of August 4, 1992, the Work Session of August 11, 1992, the Regular Session of August 18, 1992, and the Work Session of August 25, 1992. 3. Citizen Reports A. Receive a citizen report from Mrs. Cecil Baugus regarding a Neptune Street Neighborhood Thank-you. I City of Denton City Council Agenda September 15, 1992 ` Page 2 4. Public Hearings A. Hold a public hearing and consider adoption of an ordinance approving an amendment to Planned Development No. 65 and adopt a new Detailed Plan, changing the primary land use designation within the existing subdivision from duplex/zero-lot-line to single-family residential. The. 15.27 acre site is located south and east of Sam Houston School, approximately 100 feet west of F.M. 21.81. (The Planning and Zoning Commission recommend., approval.) Z92-021 Ile B. Hold a public hearing to consider approval of the preliminary and final replats into lots 2-7, 12-27, and 30-36, Block 1, plus Lots 38-42, 45, 47, 48, 50 and 51, Block 2, of the Bent Oaks Addition. The 12.4 acre site is south and east of Sam Houston school, approximately 100 feet west of F. M. 2181. (The Planning and Zoning commission recommends approval.) C. Hold a public hearing to consider approval of the final replat of Lot 3, Block A, Canyon Sluff Additiar, into Lots 3A, 3B, 3C, and 3D, Block A. The 14.249 acre site is in Denton's exti-territorial jurisdiction, fronting on orchid Hill Lane. (The Planning and Zoning .:ommission recommends approval.) D. Hold a public hearing to considr- approval of variances to Sections 37-7 (c) and 34-114 (11b) of the subdivision Regulations, The site is at the terminus of Chiquita Lane, approximately 1000 feet east of Carmel Road. (The Planning and Zoning Commission recommends approval.) 5. Consent Agenda Each of these item, 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 tl•e 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 the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, City of Denton City Council Agenda September 15, 1992 0 S Page 3 the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase orders: 1. Bid #1414 - Janitorial service 2. Bid #1403 - Cast-In-Place-Concrete Platform and Chain Link Fence 3. Bid #1412 - Payne & Peak Street Water and Sewer 4. Bid #1420 - Distribution Transformers 5. PO #26070 - North Texas Cement 6. PO #26724 - Temple 7. PO #26073 - American. Management System 6. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1414) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public, wc,-ks or improvements. (5.A.2. - Bid #1403, 5.A.3. - Bid #1412, 5.A.4.° Bid #1420) C. Consider adoption of an ordinance providing for the expenditure of fund,, for emergency purchases of m.terials, equipment, upplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.5. - PO - #26070, 5.A.6. - PO #26724) D. Consider adoption of an ordinance providing for the expendit.i.ure of funds for purchases of materials or eq .r..iE.._ which --:t available from one source in &ccordance with the ,covisions of state law exempting such purchases from requirements of competitive bids. (!i.A.7. - PO #26073) E. consider adoption of an ordinance adopting the budget for the City of. Denton, Texas, for the fiscal year beginning on October 1, 1992, and ending on September. 30, 1993. t T . City of Denton City Council Agenda y ,,p September 15, 1992 a Page 4 F. Consider adoption of an ordinance levying the ad valorem tax of the City of Denton, Texas, for the year 1992, on all taxable property within the corporate limits of the City on January 1, 1992, not exempt by law; providing revenues for payment of current municipal expenses, and for interest and sinking fund on outstanding City of Denton bonds; providing for limited exemptions of certain homesteads; providing for enforcement of collections; and providing for a severability clause. G. Consider adoption of an ordinance repealing Ordinance No. 78-043 which provided for the repeal of the 1% City sales tax on residential gas and electric services; and reimposing previously adopted tax on residential. use of gas and electricity. H. Consider adoption of an ordinance approving guidelines for operation of the city of Denton Housing Rehabilitation Program and eligibility criteria, and authorizing expenditures in excess of $10,000 for projects meeting guidelines and criteria. I I. Consider adoption of an ordinance approv-ng the guidelines for the Rental Rehabilitation Program and + eligibility criteria, and authorizing expenditures in 1 excess of $10,000 for projects meeting program guidelines and criteria. J. Consider adoption of an ordinance accepting the proposal of Arkwright Mutual Insurance Company for property/casualty, boiler/machinery, commercial crime and vehicle collision insurance coverage; and authorizing the expenditure of funds therefor. (Bid x'1404) K. Consid:_ adoption of an ordinancf~ amending the 1991-92 budget of the City of Denton, Texas by appropriating the sum of $92,949.00 from the unappropriated balance of the General Fund to various account funds; and approving budget adjustments for fiscal year 1991-92. L. Consider adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton, Texas and Denton County Electric Cooperative, Inc., an electric cooperative corporation organized under Article 1528b, Revised Civil Statutes of Texas for the joint use of wood poles near Lake Ray Roberts, Texas. (The Public Utilities Board recommends approval.) V y \ City of Denton City Council Agenda September 15, 1992 Page 5 M. Consider adoption of an ordinance authorizing the Mayor to execute an agreement betwe3n the City of Denton and Baker-Shiflett/Emcon, Inc. relating to professional engineering services for soils and concrete testing laboratory services of the Pecan Creek Wastewater Treatment Plant; and authorizing the expenditure of funds therefore. (The Public Utilities Board recommends approval.) N. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Withers street, from its intersection with Bell Avenue to its intersection with Mingo Road; providing a severability clause; and providing a penalty not to exceed two hundred dollars. (The citizens Traffic Safety Support commission recommends approval.) 7. Resolutions A. Consider approval of a resolution approving the 1992-93 fiscal year budget of the Denton County Emergency Communication District, pursuant to Article 1432e V.A.T.S. B, Consider approval of a resolution authorizing the city Manager to sign and submit an application to the Texas Department of Housing and Community Affairs an application for "HOME" program funding with app-opriate certifications, as authorized and required by Vte Cranston-Gonzalez National Affordable Housing Act., C. Consider approval of a reso'ution supporting the application of the Denton Housing Authority to the Texas Department of Housing and Community Affairs for HOME Program funding in order ~ahabilitat +e C.,awfor. . Building located at 3(b S. LocIst and provide rental subsidies for low income elderly tenants. D. Consider approval of a resolution authorizing the city Manager to execute on behalf of the City of Denton an administrative service agreement with the international City Management Association Retirement Corporation (ICMA- RC). E. Consider approval of a resolution accepting a grant from the office of the Governor in the amount of $38,185 for the Drug Abuse Resis'~ance Education Program sponsored by the City. City of Denton City Council Agenda September 15, 1992 Page 6 i F. Consider approval of a resolution requesting the Texas Municipal League to adopt a resolution to amend TEX. GOVT CODE ANN. Sec. 30.481 et seq. providing for the appointment of municipal court of record judges; and supporting creation of a Municipal Court of Record for the City of Denton. 8. Consider appointment of a voting and alternate voting delegate to the 1992 Congress of cities. 9. Miscellaneous matters from the City Manager. M 10. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 11. New Business This item provides a section for Council Members to suggest items for future agendas. 12. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 62 52 -17 V.A.T.S, B. Real Estate Under Sec. 2(f), Art. 6252-1.7 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S, NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that uhe 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,) CITY SECRETARY V f` I i4 City of Denton City Council Agenda September 15, 1992 Page 7 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 THR CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH ACCOOOB5 THE CITY SECRETARY~S OFFICE. ~ I 11~1`:h Iii O, .._._a ~.LG. - City of Denton City Council Agenda September 15, 1992 Page 8 AGENDA ADDENDUM CITY OF DENTON CITY COUNCIL AGENDA SEPTEMBER 15, 1992 1. Consider a request from the City of Denton to allow the use of loudspeakers, amplifiers and musical instruments on September 20, 1992 from 11:00 a.m. - 4:00 p.m, for the City of Denton Employee Picnic. + C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Hall of the City of Denton, Texas, on the day of 1992 at o'clock (a.m.) (p.m.) CITY SECRETARY t CITY COUNCIL -TT ITU .7. - ooooQoaaoa aoao Od~O y B H DOO~O p~O, oD_ d f O C3 0 o v O ~O G~ y ~O 00~~~00 ~ p p fl a a a o 0 0° ~o ITT- T: T - - - #1_ September 15, 1992 (}}fie /,23 CITY COUNCIL AGENDA ITEM l/ MAYOR AND MEMBERS OF THE CITY COUNCIL TO: FROM., Lloyd V. Harrell, City Manager SUBJECT: RECEIVE UPDATE GREENBELTBCORRIDORRPROJECTND CONSIDER RECOMMENDATION: r The Utility staff recommends continued participation in the development of the Greenbelt Corridor project. J+ 1 BACKGROUND: The City of Denton is contractually obligated to provide 1 recreational facilities for the Ray Roberts water supply project. These obligations require recreational facility development at Lewisville authoriized by the Ray Roberts cproject . th The Greenbelt Corridor is an alternative to additional recreation facility development at Lewisville (See Exhibit I). Funding for the Greenbelt project was initially established at 25% Texas Park and Wildlife, 37.5% Federal Government, 27,75% City of Dallas and 9.75% City of Denton. In October, 1991 the Texas Park and Wildlife Department (TPWD notified the cities of Denton and LL y, Dallas that they would no longer participate in their share of the upfront capital cost ($2.3 Million) of the project. In addition, TPWD indicated that they will not finance the annual operation and maintenance of the Greenbelt facilities, With TPWD not participating in the project, this left the cost sharing arrangement at 37.5% federal and 62,5% non-federal as established in the Water ResourcA Development Act of 1990, Recently the Office of Management and Budget (OMB) has indicated a change in policy by the federal. government to eliminate up-front financing on all "new construction starts". Conversations between the Corp, Denton's congressional representatives and the City have indicated that the OMB is taking the position that the Greenbelt is a "new construction start" and therefore the federal government will not provide up-front funding of the non- federal share of the project. 14 1 C page 2 SUMMARY: or issues affecting the three The City of Denton haloject' major Greenbelt Corridor p for the project is ntly cost sharing n established by the WatfornRfederal shareoand37A urce 1 Curre 5$ of 1990 at the 62,5% federal share' , and Budgets (OMB) £ Management 2, The office federal government will not indicates that the provide up-front funding. r Department will not Park and Wildlife the Operation 3 The Texas the capital or ro ect, finance maintenance of the Greenbelt and iwillpprovide the Staff has addressed will nothese issues Corp Of Engineers in Council wi.t,h an update. If the Council directs staff to the Army ate in the project, proceed? Denton titf.Y partieip otiations writing of our intent contract neg the Greenbelt Correlopment (see xequiredl £oritiate the necessary idor dev Exhibit II and III), PROGRAM/DEPARTMENT OR GROUPS AFF,CTED. Denton Pub is Utilities, Army Citizen of Denton, City Corps of Engineers y.,a FISCAL IMPACT: fac'litieT Greenbelt ~'xhibit IV- corridor Ray Roberts recreational estimated at Corridor Project costs have been r r lL or in fund Capital Greenbelt Coidrosect, Denton's coat for the If the cities of Dallas and Denton the million. the entire non-federal share of the p share of the project increases from De9.75% to nton would sthen costs' payment adding paying a t 00 t of $1 Project 95,000 or an annual robect• Of $L 8 73 94 al the Greenbelt Corridor p j T7 i . .3~ a3 Page 3 *Respe ly submitted,arrell, er a { Prepared by: r" Howard Martin, 1.~ctor of Environmental Operations/ Financial Administration Approved by: R. Nelson, Erecut.ive Director Department of Utilities Exhibits: I. Ray Roberts Lake - Greenbelt Corridor Info Sheet II. Letter of 8/19/92 to Mi. Mocek III. Letter of 1/16/". ' o Mr. Lj~,-lson IV. RR/LL Estimate,' r. Cost File:Cs\WP51\CCAGENDA\GRN0992 ti )EXHWIT SUBJECT: Ray Roberts Lake - Grcrenbolt Coy rider J Ray Roberts Lake is located at River Milo 60,0 on the Elm Fork of the Trinity Rivers, forty miles northeast of the City of Dallas in Denton County, 'T'exas, , The dam is approximately 30 miles upstream of Lewisville Dam. Ray Roberts Lake was authorized by the River Harbor Act of 1965 for flood control, water conservation end recreation. It is an authorized element in the Trinity River Basin and is designed to function iu tandem with Lewisville Lake, As part of the authorization of Ray Roberts Lake, a portion of the flood control storage in Lewisville Lake was reallocated to Ray Roberts Lake in exchange for conservation storage. Consequently, the top of conservation pool at Lewsiville Lake has been raised seven feet to accommodate this additional conservation storage, The original authorization of Ray Roberts Lake project included additional recreation facilities at Lewisville Lctke to accommodate the additional needs afforded by the raise In the conservation pool. The Water Resoarees Development Act of 1990 subsequently revised the authorization for Ray Roberts Lake to include the development of a Greenbelt Corridor in lieu of the additional recreational development in Lewisville .Lake. The project authorized for the development of the Greenbelt Corridor between Ray Roberts Lake and Lewisville Lake, shown in the attached figure, inchrdes the purchase of adjacont land along the Elm Fork of the Trinity between the two lakes and development of public access and recreation facility therein. The plan Includes the acquisition of 1,100 acres along the streambunk of the Elm Fork of the Trinity River from downstream of Ray Roberts Darn to Lewisville Lake, approximately 14 miles downstream. These lands will be purchased in fee, of which 4d0 acres in presently encumbered by a flowage easement for Lowisville Lake, Additionally, a conservation easement would be acquired on an additional. 500 acres to assure that the rural character of the river corridor remains intact and to provide a visual buffer between the newly acquired lands along the river and future, developmont. Easement provisions wold allow landowners to continue existing agriculture pursuits such as residencies, barns or outbuildings wouccl be conditions of the conservation easements. The total Greenbelt would consist of 1,000 acres, The corridor will be fenced Meng the fee acquisition line. The ple,n will also include development of the fee lands for public access and recreational use. Canoo launching and take-out points will be provided just below Ray roberts Dam and at the two major highway crossings upstream of Lewisville Lake. Parking facilities will also be provided at each access point. Additionally, ten primitive camping sites will be Interspersed along the stream co`irse. An equestrian and hiking trail will be constructed to take advantage of the diverse streaut-oriented terrestrial resources of the Greenbelt Corridor. The trail system will consist of about 12 miles of separate hiking paths and equestrian trails linking the access points and camping areas. 't'here will also be three bridges in association with the trail system so that trails will meander aesthotically threugh the entire corridor. k ~L 9 1 Ll,tvl FORK LEWISVI1.13i 1,AKL--"•- 1,FGEND {'ROPO`I'D rRlMkl'I\r F. (:A\1{'kNG ARIiI\ Itr>Alx U S 360 }'ti1 455 1- M d 26 OPEN WATEVt b j .I n ~J RIVER ' I - CANOE IW;N(Ai 4 . 1'N91'OSE❑ FEE AND I'.~ LIISIIlON AREA ZKIV(; MICA, %i ?Li I AG A ~6 ral~% 4v EASENIENT AREAERVATIUN OA /iF j ~S' -I. fib __I `~'~i> „a ili Gl /n„ I~ _ - LXISfINti I-EE LINE I ~ I Extsrr.c FLOWAGY, Vii` 1 II I`RPl tltil) / I l < EA5VJE\'F ,~uu~s I AN fti5 f KING r I` _ Mulr 7!0011 r I u Is~''1 ~Iwl~ CANOE 1,MiNC i NORTI I AND I'AItKI.'Q AREA o+ V.S. ARMY CORPS OF FNCINft RS fOAY WOPFN, TFNA6 a C' L,\Y ROIILiR'I'S LAKE =i RAY ROBERTS LAKE GREENBELT :ORRIOOA PROJECT ARO w J~FIC,l1Rf. i 1 i 1 Z:XHJBiT ii ~ ~ a3 CITY of DENTON, TEXAS 216 E, MoKInney/ Denton, TX 787.01 /Phone (817) 688.8230 OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES August 19, 1992 Michael J, Mocek, P.E. Deputy District Engineer Department of the Army Programs and Project Management Division Fort Worth District, Corps of Engineers P.O. Box 17300 Fort Worth, Texas 76102-0300 Subject: Supplemental Agreement. To The Contract Between The United States Of American Aud The City Of Denton, Texas For Recreational Development At Ray Roberts And Lewisville Lakes, Texas. The City of Denton will support and cost share in the continued development of the Greenbelt Corridor, recognizing the terms and conditions of the existing recreation Contract No. DACW63-80-C-0107 as amended by the proposed Supplemental Agreement Modification No, P00001 and inclusive of the proposed changes. Denton agrees with the comments provide by Dallas concerning contract language modifications. The following comments emphasize Ognton'c major concerns with the proposed modifications. Reference to Denton's administration of Ray Roberts project lands "exclusive of the Greenbelt" (Items 6 and 13) should be deleted, It is Denton's position that the cities will handle the administration of Greenbelt project lands in the same manner as all other. Ray Roberts recreational lands have been managed, through c% lease agreement arrangement. Denton is opposed to a change in the language in Article 3 of the existing recreational development contract (Item 15 and 28). If specific reference to the Greenbelt project is required as a function of Article 3 c., the statement that addresses cost sharing percentages should be revised to reflect language that accommodates changes in legislation now being considered, DEDICATED TO QUALITY SERVICE 7~ p?3 The primary issue affecting Denton's continued commitment to t e Greenbelt project involves the federal government not providing up- .F,-ont financing for the non-federal share of the project, Denton finds this position unacceptable and must reconsider our participation if this is a condition for project financing. Denton's position in this matter is based on the fact that the authorizing legislation for Ray Roberts Lake, authorised a raise in the pool elevation of Lewisville Lake, necessitnting the development of new recreational facilities, The Lake Ray Roberts Greenbelt Corridor project was developed as an alternative to additional conventional recreation facility development at Lake Lewisville and therefore the financing of the Greenbelt project should be in accordance with the provisions established by the August 15, 1980 recreational contract between the federal government and Denton, " If you have any questions please feel free to contract Howard Martin at (817) 566-8237. Sincerely, R.E. Nelson, Executive Director Department of Public Utilities cc: Jody Puckett, City of Dallas File:C:\WP51\CCAGENDA\GRNBLT92 I I y Guy r ~ dallas water utilities o city Hall 0 Dallas, lnxas 752)7 • 121116)0•:1)511 May 21, 1992 Michael J. Mocek, P.E. Deputy District Engineer Department of the Army Programs and Project Management Division Fort Worth District, Corps of Engineers P. 0. Box 17300 Fort Worth, Texas 76102-0300 Subject: Supplemental Agreement to Contract between the United States of America and the City of Dallas, Texas for Recreational Development at Ray Roberts and Lewisville Lakes, Texas. The City of Dallas will provide cost sharing sponsorship of the Greenbelt Corridor. We are continuing discussions with the Texas Parke and Wildlife Department for the assumption of the operations and maintenance of the Greenbelt Corridor. We have completed our revi.ew of the subject draft supplemental agreement which modifies the present recreational development contract to include the Greenbelt Corridor in lieu of authorized recreational development at Lewisville. Our comments are as follows: 1. Items #6 and #13 sho,:ld be deleted from the supplemental agreement. We understand that. the Cities of Dallas and Denton, versus the Corps of Engineers, are responsible for the operations and maintenance of the Greenbelt Corridor. 2. A gone-ral map showing the Greenbelt Corridor area like Figure 2 shown on page 5 of the Project Management Plan for the Greenbelt Corridor at: Ray Roberts Lake should be attached to the supplemental agreement. Item #7 should r.ofer to the general map. We anticipate detailed iniormati.on to be shown in the subsequent lease amendment. 3. Revise Item 012 to reflect the actual/castlraated number of acres that the Government will make available by lease to the Cities for use and occupancy. A city utility providing Daiias with water pui'ticatbn and dislrihulign, waA1a waler collaclien and Irealmeni 4 May 21, 1992 Supplemental Agreement Page 2 4. Revise Item 021 by inserting "at" before "Ray Roberts Lake", r 5. Item #28 (Article 3(c)) part 4, end of 7th line, insert "the Greenbelt Corridor" and delete "recreational development". JI 6. Signature page needs to be r.evibed to indicate Sam Lindsay 1 as the City Attorney of. Dallas, Analeslie Muncie's name should be deleted as well as the signature blank for the City of Denton. 7. Item #15 (Page 31 Artiale 31 first paragraph of present rec contract) should be amended to include the statement "The cost sharing percentages of the Federal/Local sponsors may be revised by future legislation. At such time, this supplement agreement shall be revised to reflect the new percentages." The Cities of Dallas and Denton are currently working with the Congress to get legislation approved which will split Greenbelt Corridor acqutaition and development costs 508/508 between the Federal government and the Cities. If you have any questions please feel free to contact Ma. Jody Puckett at (214) 670-5209. Sincerely, ~~lG f t frL (/-/1 _ S 27 ~a1 Michael S. Marcotte Director pg xci Howard Martin, City of Denton I AU(; 1 r 1992 tXHiBIT ill January 16, 1.992 Programs and Project Management Division Mr. R. E. Nelson Executive Director Department of Utilities City of Denton 215 East McKinney Street Denton, Texas 76201 Dear Mr. Nelson; On October 30, 1991, Howard Martin of your staff met with representatives from the city of Dallas, the Corps of Engineers, and the Texas Parks and Wildlife Department (TPWD) to discuss the Ray Roberts Lake Project. One of the main topics of discussion was the Greenbelt Corridor for which the Corps has recently received funding to begin design and real estate acquisition. continuehas aecostgsharinngasponsor TPWD announced that it would not be able to Federal share of the Greenbelt is set by legislation at 37.5 percent, of the Greenbelt's implementation cost, the cities of Denton and Dallas would then be required to come up with the State's share which was 25 percent in addition to their combined share of 37.5 percent. Alternatives were discussed and the A representatives from both the cities of Denton and Dallas stated that they would need to analyze the issue more fully. The date of December 10 1991 was agreed upon for a response from the cities indicating their proposed course of action regarding continued sponsorship of the Greenbelt Corridor, subsequent coordination with Mr. Martin and Mrs. Jody Puckett from the city of Dallas have indicated that the cities need to have additional discussions and coordination with TPWD before making their respective decisions regarding additional cost sharing of the Greenbelt. We ~.re understanding of the cities' need to explore all viable options available to them, and we would like to offer any assistance if the need arises, I ~A1 1 \ -2- ~~a3 As I mentioned above, the Corps has received initial funding for this fiscal year to initiate design and real estate acquisition for the Greenbelt Corridor. In view of the cost sharing issue, we have delayed starting our scheduled work until this issue is resolved. We would hope though that such resolution could be accomplished soon, so as to make best usl of our funds. Consequently, we would appreciate your response as soon as appropriate, possibly by the end of February. In anticipation that the cities will elect to proceed with the Greenbelt and the additional cost sharing, I have enclosed a draft modification to the present contract between the city of Denton and the Government fon recreation development at Ray Roberts Lake. This modification reflects the City's additional cost sharing for the Greenbelt, including its portion of the Statefs cost. If the City of Denton determines to proceed with the Greenbelt, your review and comments of the enclosed document will be appreciated and will expedite the processing of the document. If you have any questions, please feel free to contact me at (817) 334-3565. I look forward to our continued cooperation on this worthwhile project. Sincerely, Michael J. Mocek, P.E. Deputy District Engineer Enclosure Copy Furnished: w/encl CESWF-PM-G (Birdwell) i y DRAFT _C<~6 13 Jan 92 Contract No DACW63-80-C-0107 Modification No. P00001 SUPPLEMENTAL AGREEMENT G TO CONTRACT BETWEEN THE UNITED STATES OF AMERICA AND ,THE CITY OF DENTON, TEXAS FOR RECREATION DEVELOPMENT T RAY ROBERTS (FORMERLY AUBREY) AND LEWISVILLE LAKES, TEXAS IV DATE: THIS SUPPLEMENTAL AGREEMENT, entered into the above date by and between the United States Of America (hereinafter called the Government), represented by the contracting officer executing this Agreement, and the city of Denton, Denton County, Texas, (hereinafter called the City), WITNESSETH THAT: WHEREAS, the Government and the city desire to modify the original contract DACW63-80-C-0107, in accordance with the authorization of Section 101 of the Water Resources Development Act of 1990 (Public Law 101-640), to include acquisition and development of a Greenbelt corridor between Ray Roberts Lake and Lewisville Lake in lieu of authorized recreational development at Lewisville Lake, NOW THEREFORE, the original contract dated August 15, 1980, is W hereby modified in the following particulars and in no others: 1. Page 1, first WHEREAS clause, first line, between "of and "Aubrey", insert "Ray Roberts Lake, formerly called,11 2. Page 1, between the third and fourth WHEREAS clause, insert the following WHEREAS clause: WHEREAS, the authorization for the Project was modified by Section 101, of the Water. Resources Development Act of 1.390 (Public Law 101-640), to include acquisition and development of a Greenbelt Corridor between Ray Roberts Lake and Lewisville Lake in lieu of.authorized recreational development at Lewisville Lake; and 3. Page 11 fourth WHEREAS clause, first line, delete the 1 f I DRAFT words "Lewisville Lake", and substitute the words "the Greenbelt Corridor." 4. Page I, fourth WHEREAS clause, third line, delete the word "Aubrey", and substitute the words "Ray Roberts." 5. Page 11 fourth WHEREAS clause, fourth line, delete the words "Lewisville Lake", and substitute the words "the Greenbelt Corridor." Q6~ Page 1,,fifth WHEREAS clause, second line, between the word-"area" and the word "for", insert "exclusive of the Greenbelt Corridor."- . 7. Page 2, ARTICLE 1. Add the following definitions: r~ e. Ray Roberts Lake recreation facilities. Lands and facilities designated for recreational use at Ray Roberts p' Lake, exclusive of the Greenbelt Corridor. f, Greenbelt Corridor. Lands and facilities designated for recreational purposes between Ray Roberts Lake and Lewisville Lake. 8. Page 2, ARTICLE 2a, fifth line, following "DESIGN MEMORANDUM NO, 2," insert "as modified by the POST AUTHORIZATION CHANGE NOTIFICATION REPORT, and Supplements No, 1 and 2 to said report". 9. Page 2 ARTICLE 2b, end of last sentence, add "and Sequence No. 2 of the above referenced POST AUTHORIZATION CHANGE NOTIFICATION REPORT." 10. Page 2, ARTICLE 2c, first line, delete the word "City", and substitute the word "Government"; and delete the word "Government", and substitute the word "City". Il. Page 2, ARTICLE 2c, third line, between the word "will" and the word "depict insert the words "include the Greenbelt Corridor, and will." 12. Page 3, ARTICLE 2e, end of third line, change to read acres". 13~ Page 3, ARTICLE 2e, fourth line, following the word "areask,;,insert the words "exclusive of the Greenbelt Corridor." (14i Page 3, ARTICLE 3, first paragraph, first line, at the begi'rlning of the first sentence insert the words "Exclusive of the Greenbelt Corridor". 15. Page 3, ARTICLE 3, first paragraph, fifth line, between the. first and second sentence (City. In.,.), insert the 2 a . DRAFT following sintence, "The city also shall pay sixteen and twenty-five one hundredths percent (16.250) of the costs for the acgtiisition and development of the lands and facilities outlined in the mutually acceptable Plan of Development of the Greenbelt Corridor; the Government will pay thirty-seven and one-half percent (37.5%) of these costs; the city of Dallas, Texas, shall pay forty-six and twenty-five one hundredths percent (46.25) of these costs." 16. Page 3, ARTICLE 3a., is retitled "Ray Roberts Recreation Facilities Initial Development." 17. Page 3, ARTICLE 3a., third line, estimated cost of initial development is revised to $5,457,000. IS. Page 3, ARTICLE 3a. (1), end of paragraph, "the Project" is changed to read "Ray Roberts Lake." 19. Page 3, ARTICLE 3a. (2), third line, following the word "after", change to read: all the Ray Roberts Lake recreation facilities..." 20. Page 4, ARTICLE 3a. (4), first line, the word "Project" is changed to read "Ray Roberts Lake recreation facilities." 21. Page 4, ARTICLE 3a. (4), beginning of tenth line, before the word "the" insert the word "all"; following the word "facilities", insert, the words "Ray Roberts Lake." 22. Page 4, ARTICLE 3a. (4), twelfth line, the word h "Project" is changed to read "Ray Roberts Lake recreation facilities." i 23. Page 4, ARTICLE 3a(5), beginning of third line, J before the word "the" insert the word "all."; following the word '"facilities", insert the words "at Ray Roberts Lake". 24. Page 4, ARTICLE 3b. iV retitled "Ray Roberts Lake Recreation Facilities Future Development". 25. Page 4, ARTICLE 3b(I), second line, between the word "development" and the word "to", insert the words "at Ray Roberts Lake." 26. Page 4, ARTICLE 3b(1), last line, the estimated cost of future development is revised to $3,601,000. 27. Page 5, ARTICLE 3b(3), second line, between the word "development" and the word "as", insert the words "at Ray Roberts Lake." 3 i 7 DAFT! 28. Page 5, add ARTICLE 3c, as follows: C. Greenbelt Corridor_Develo in nt. Sixteen and twenty-five one hundredths percent (16.25%), the City's share, of the estimated separable costs of Greenbelt corridor Development participated in by the City is estimated to be $11559,000. This amount shall be paid to the Government by the City as follows: (1) There shall be deducted from the City~s share an amount equal to the sum of the fair market value of any lands or facilities provided by the city (such value being determined as of the date such lands or facilities were provided and not _ including enhancement due to the Project) and any cash expenditures made by the City toward the separable cost of the Greenbelt Corridor. (2) The amount of the City's share remaining after such deduction shall be paid to the Government with interest on the unpaid balance within fifty (50) years after the Greenbelt corridor is first available for useful operation. Such repayment shall be made annually in such equal amounts as to complete repayment within such fifty (50) year period, (3) interest during construction and interest on the unpaid balance shall be at the rate to be determined by the Secretary of the Treasury of the United States as of the beginning of the Government fiscal year in which Project construction is initiated as prescribed by Section 301(b) of the Water Supply Act of 1958 (Public Law 85-500, 43 U.S.C. 390b(b)). Such interest rate shall not change during the repayment period. The interest rate in effect at the time of negotiation of this contract (Government fiscal year 1980) is 7.210 percent. (4) The schedule of repayment for the Greenbelt Corridor, based on the current estimate of separable cost of recreation development, the interest rate in effect on the date of execution of this contract (7.210), and 50 year repayment, is shown in Exhibit C of this contract. This repayment schedule will be recomputed by the parties upon completion of construction on the basis of the actual separable cost incurred for recreation development, the interest rate in effect for the Government fiscal year in which Project construct ±.on is initiated, and the amount of the City's share remaining unpaid at the time the Contracting Officer notifies the city in writing that all the lands and facilities are available for useful operation. Interest during construction shall be paid over a period of 50 years as part of the separable cost of the Greenbelt Corridor, but subsequently accruing interest shall be maid with the installment due at the end of the period in which such interest has accrued. (5) The initial payment shall be due and payable within thirty (30) days after the City is notified in writing by 4 DRAFT the Contracting Officer that the lands and facilities are available for useful operation. Subsequent payments shall be due and payable to the Treasurer of the United states within thirty (30) days of the yearly anniversary date of such notice. If the city shall fail to make any of the aforesaid payments when due, then the overdue payments shall bear interest compounded annually at the rate provided above until paid. The amount charged on payments overdue for a period of less than one year shall be figured on a monthly basis. For example, if the payment is made within the first month after being overdue (31 to 60 days after the anniversary date), one month's interest shall be charged. This provision shall not be construed as giving the City a choice of either making payments when due or paying interest, nor shall it be construed as waiving any rights of the Government, at law or in equity, which might result fiom any default by the City. (6) The City may, without penalty, prepay at any time or times any part or all of the principal and interest due and payable under this contract. Interest with respect to any prepaid principal shall accrue only through the date of repayment. 29. Page 5, ARTICLE 3c through 3f is renumbered 3d through 3g. 30. Page 7, ARTICLE 7a, beginning of paragraph, start of the first sentence, insert inclusive of the Greenbelt Corridor". 31. Page 7, ARTICLE 7b, second line, after the word "contract", insert inclusive of the Greenbelt Corridor." 32. Exhibit A. Replace with amended Exhibit A which includes Greenbelt Corridor Cost. 33. Exhibit B. Replace with new Exhibit B, RAY ROBERTS .AND LEWISVILLE LAKES INITIAL RECREATION DEVELOPMENT PAYMENT SCHEDULE. 34. Exhibit C. Replace with new Exhibit C, GREENBELT CORRIDOR PAYMENT SCHEDULE. 35. Exhibits C through G, are renumbered D through H; and title blocks are revised by deleting name "Aubrey" and substituting "Ray Roberts." i , 5 ~I a DRAFT . # . IN WITNI'SS WHEREOF, the parties have executed this Supplemental/f,~/o?j Agreemont as of the day and year first above written. APPROVED: THE UNITED STATES OF AMERICA By By NANCY P. DORN JOHN A. MILLS Assistant Secretary Colonel., Corps of Engineers of the Army (Civil works) District Engineer contracting officer "Government" DATE DATE r CITY OF DENTON, JEA BY RAC--STE-PH$NS 1;lok-- CC441E. Y. v'„t. Mayor City of Denton, Texas DATE APPROVED AS TO FORM: BY DEBRA A. DRAYOVITCH City Attorney City of. Denton, Texas DATE CITY OF DALrAS, TEXAS BY JAN HART City Manager City of Dallas, Texas DATE 6 J4 Nov 9V Oentan• Tx. v :ESNF-P!'.-- E491911 A RAY ROBERTS AND LEM S(MLE LAKES ESTIMATED SEPAWLE RECREATION COST IV Oct 91 prices) Ray Roh?rt5 Lake Fetur,_Oevelooeent _-Total ~cc`__Na, Feature 4,382,004 o s 4.391.000 01 !and purchase ipublic use areas) 21,867,000 23,900.000 45,757.000 l4 Recreation Facilities 11624,000 1,852,000 5,691,000 3P Enoineering and Desi4n 2 320 000 -_1x448.00- 4.26----- 31 Suoervision and Administration ' y p7 700,900 f 601048,990 Subtotal Recreation Expenditures f 32,398,000 ¢reenbelt_Cgrrtdor ~ Future Develoooent Total 5 is ! 6.465, J00 01 Land Purchase (oubllc use &-e-35) S 6,4-5,000 0 6,5.000 14 Recreation Facilities V,?23,0UU 0 67,000 !S Cultural P•eSgurce Preservation 01.000 496,000 481,000 0 30 Engineering and Design 444 000 444,000 31 Suoervision and 9doinistration ...-_c___ S 4,200,000 0 Subtotal Recreation Expenditures f 91200,000 ! f 270100,000 S 69,248,000 Total Recreation Expenditures f 41,548,000 PARIICIPAlION_IN 10TAL DEVELOM11 Rav__flobert5_Lake Percent inttlal 0evelonr.ent Cuture_Do_veioowt total r s 11,487,000 f 10.244,000 S 22,23b,JOt' Ctty of Dallas, texas 1,00 3,601,000 7,813,000 City of Denton, Texas 13100 4,.1..000 +q 044,000 - _`-xQQ l6 1°4.--0 __k3c9S0 Jn- _x_e.._-•- Federai Government !00.Jp S 32.148,000 S 21.IOO,JGO i bV.J98,JUJ Total Oreenhelt_Cgrridor total Percen! EmlLal 0ev_gloc2ent Fu!~re_Develooaenl S 1.255,000 s G s 4.:`5.000 City of Dallas, Texas 4b 25 0 1,495.000 City of Denton. Texas 16.25 1,445,000 3.4..)jow 31 50 4,200,000 Federal 8overnment 0 lotal 109,00 ! 9,200,900 f - i 1 I i 9 ~ 073 Il - COHTA------- FOP, PnEN'f kav Roberts Lace „^_e Future Develooment Total Tv a initial .eva o nt r ! 10,244,000 S 22,.36,00 3,80k,000 7,D k3, 004 City of Dallas, Texas Aeiaburseeent ! lq 0121000 City of Dent an, texas Reimbursement ! 1; Egn 000 s Ultimate ! 16,144;00 _ S 64,049,000 Federal eovernaeat f 32,348 ^00 s 21,700,000 Total 1485 !°°_S ,ring ?015 Ill Estimated schedule for Clty of Denton share of future develeoment G ! 3,601,000 G r" based on prmlectimn of anticipated visitation whlcb will establish the need for additionai recreation development as shown in the Protect Recreation Resources Appendix and the Plan of Recreation 9evelopeent and nanaoement wade part of this contract by ARTICLE ?b and ARTICLE 2c, respectively, Greenbelt Corridor Future_Develaoeent Total Tv a Initial Development e - s 4,22s,aoo City of Dallas, Texas Reimbursement j 4,?25,000 ! ? 1,445,000 Reimbursement 1,4450000 t 3 qgp 000 City of Denton, Texas ! 3,450L000 Ultiaat_e - 4 S y 4,0,00 Federal Government 9,200,000 ! Total III _ REIMBURSEMPIT OF SEPARABLE-COST Ray Roberts Lake A, Reimourseaent by City of Denton, Texas. Initial Oeyelooment Future Develoceent s 3,6O1,UOU Separable recreation deyelopment expenditures S 4.2121 (100 interest during construction (1) 1.245.000.121,_ 0.13! - Separable cost to be repaid 5,457,000 S 3.601.09P (1) i rate at start of Govt FY in which construction began, (2) Interest rate is 7.2V (3) To bo charged as required by ARTICLE 31b, S, Repayment schedule for initial deyeloomenti w Interest & amorti2ation based on SO equal payments, with 49 payments bearing interest at 7.210 percent on unpaid balance. P a (A-P) (ixc) Where; P = annual payment P - (A•P) ,0745602419 A = amount to be repaid = S P = ,0745602411A - .074560,2,419P i = interest rate 1,0745602419P = .0745602419A 0c) = interest plus amortization coefficient P = .07456(12419A71.074560219 for 49 vears (0,01456024141 P - ,1)693867441 x S 5,457,000 P = S 378,643,49 Greenbelt A. Reimbursement by City of Denton, Texast Initial Oev-eloQaent Separable recreation development expenditures 110495,000 Interest during construction (Il ,„641000„(2)_ Separable cost to be repaid 1,554,000 11) i rate at !tart of Govt FY in which construction began, 12) Interest rate is 7.210 !3) To be charged as required by ARTICLE 36. A. Repayment schedule for initial deyelapsenti - Interest & aoortication based on 50 equal payments, with 49 payments bearing interest at 7,210 percent on unoaid balance P = IA-PI fifc) hheret P = annual payment P = 14-P) .0145602419 A = amount to be repaid - 4 P = .0745602419A • .0741302419P t = interest rate 1.0745602419P - ,074560 MA (i}c) = interest plus aocrtization coefficient P 0745602419A/147150219 P ,0693861491 x 11,559.000 P = S1080173.94 y A EXHIBIT S RAY ROBERTS AP r 1I - AND LF141S,1LLE L <ES P a~0o2 INITIAL RECRE,ITION DEUELOPMEN'r V~1v 4• 1991CUSd0f~ PAYMENT SCHEDULE CITY QF DCNTON, TEXAS - TDTAL COST: S, 457.000.00 VUMSER OF PAYMENTS: 114TEREST RATE. PERCENT! 50 7.210 ANNUAL AMOUNT PAYMENT OF BALANCE OF NUMBER pAYhiENT ALLOCATED ALLOCATED INTEREST T COST _ _ _ COST 1 37B.643.49 0. OG 378,643.49 - 5,078.356,51- 2 378,643,49 366,149.50 12.493.99 3 r 5,065,062,--, 78, 64 . 49 36.1 "'48.69 13.394.8C, 4 378,643.49 5,052.46..7:. 5 3b4, 28... Y2 14, 360.57 5, 0:,8. 1 07. 16 379.e34-0.49 q . 3673,247.53 15,395.96 5~227 6 376,643,49 362,137,48 16.506,01 5 000b 205 7 378,643.49 360.947.34 17 .99B.509.1E1 8 378,64 3 ,6,o6.16 4~988.509.08 ,49 359,671,50 10,971.98 i 9 378,643.49 358,303,62 2t;8 4.969.537.10 10 , 339.86 4.949'.197.23 378,643,49 356.837.12 11 2.1.806.37 4 ,927,390.87 378,643.49 355,264.88 23,378.61 o n 12 378,643,49 2 4, 04, 12. 2b I 353,579.8 064,2 -1 1 13 378,643.49 351,772.15 25.87I.34 4,8?8,948,75 14 378,643.49 4,85.0.6.,: 349,834.,73 213.808.76 4.823,267.96 15 378,643,49 347,757.62 30.885.67 4 792 - Ib 17 378,643.49 345 530.75 • 302. U9 373, 1 12, 7,1 11, 759, 269. 35 378,643.49 343.143.32 35. 4.723,769.18 18 378.643,49 340.583.76 . 19 30,059,73 11. 685 709, 45 378,643.49 337.839.65 40.803.04 4,644.905.61 20 378. 643. a9 334,897.69 43.!45.(30 4, 21 378,643.49 T 6)1.159.81 131.743.6.. 46 899.87 4, 554, 259, 94 ?2 :178.643.49 328,362,14 50,201,35 3 378,643.49 324,736.86 V-3.w9t 6 , 4,503,979.6f) 24 378 643.49 320 9 3. .673 4. 450, 071. 9b 23 . 5x0. 1 57,793.30 4,392,278.66 378,643.49 316,683.29 619 26 376,643.49 312,215.96 , 60.20 4.330,318.46 66.427,5J 4.263.090.91 27 378,643.49 307,4 6.54 71,216.95 4,192.673.98 29 378,643.49 302,291,79 76,351,70 4.116.Z22.20 29 378,643.49 296 65 30 378.643.45 20 ,.86.84 £31.856. b5 4,034,465.63 0,884.97 87,758.52 3.946,707.12 31 376,643.49 284,557.58 174,0(35.91 378,643.49 27 ,85...621.121 3., 3 378.643.49 ti 71.77 ,99 100. 869. 50 z.751,751,71 71,,501.30 108,142.19 3.643.669,5! 34 378.643.49 26',704.25 1!5,939,24 ~ 5 376.643.49 254.345.0:. 124,298.46 73,4 1.371.28 z~ .1.81 56 378,643.49 2451383.11 37 378. b43. 4q 233, 1 260. 10 1, 270. 11 1 . 43 775.03 36 376,642,49 225,474.22 142,868.46 3,17,242,97 39 378.643.49 153,169,27 2 2.`•J74,073.70 l 14,430.71 164,2 1.70 809. 860, 93 7B.643.49 202. 590, 97 176,052.52 - - b33. 41 3781643.49 189.897.59 ,808.41 378, 643. 49 188, 745.90 2.4A5.062,51 1?6,289,01 202,~54.4B 4 03 `14 378.643.49 161.699.25 216.944.24 2 2 n-) - 44 376,b43,49 "5761.?B 146, 057, , 57 232. 585, 92 71?Z -17 ' `15 37B.643.49 129 '88.I2 249.:5 J` . J7 1 73, I, ~6 . I, 54..1 8w r'. SU 4,5 373, bq3, 4•7 111.309.60 2 c17.3:.;;. fd9 78,643.49 1,276,483.61 ag 9,.,034. 63 296.600.66 989,879.95 '.78.643.49 1 370.:11 7 c 7378 1 64 , 49 . Q l J . 1 73 682. 61:16 , BtJ 50 4 .215. 95 329.1 Z "P. 353.179..-:6 7B, 6q3. 49 ~'S, 464. 2`"' 17?. 26 001 EXHIBIT C .2' RAY ROBERTS AND LEWISVILLE LAKES luau--1, 14.`11 per' GREENBELT CORRIDOR DEVELOPMENT a ,~~~1 3 PAYMENT SCHEDULE CITY OF DENTON. TEXAS TOTAL-COTT: 1.559,000.00 HUMBER OF PAYMENTS: 50 INTEREST RATE. PERCENT: 7.210 _ AIJJdUAL----.__AMOUNT BALANCE OF PAYMENT OF ALLOCATED ALLOCATED NUMBER PAYMENT INTEREST COST _-_--COST I -_-108,173.94 0.00 108.173.94 1.450.626.06 2 10B,173.94_ 104. 3.569.38 ,l47. 256. 66 3 108,173.94 104.347.21 3,826.74 1,443,429.94 4 108,173.94 104,071.30 4,102.64 1,439.327.30 5 108.173.94 103.775.50 4,398.44 1,434,928.85 6 108,173.94 103,458.37 4.715.57 1,430,21,3.28 7 108.173.94 103.118.38 5.055.56 1.425,157.72 8 108,173.94 102.753.87 5.420.07 1,419.737.65 9 108,173.94 102.363.08 5.810.86 1.413,926.79 10 106.173.94 101,944.12 6,229.82 1,407,696.97 11 1081173.94 101.494.95 6,678.99 1,401,017.98 12 106,173.94 101,013.40 7.160.55 1.393.857.43 13 106,173.94 100,497.12 7,676.82 1,386,180,61 14 106,173,94 99,943.62 8.230.32 1.377.980.29 15 108.173.94 99.350.22 8,823.73 11,369,126.57 ,359 666.65 1b 108,173,94 98.714.03 9,459.92 17 108,173.94 98.031,97 10,1418 1,338,654.46 18 108,173,94 97.300.73 1.,,873.21 19 108,173.94 96,516,77 11,657,17 1,326,994.29 20 108,173.94 95.676.29 12.497.65 1,314,496,64 21 108,173.94 94.775.21 13,398.73 1,301,097.90 2i 108,173.94 93,809.16 14,364.78 1,7.86,733.12 23 108,173.94 920773.46 15,400.48 1,271,332.64 24 108,173.94 4'1,665,08 16.510.86 1,254,821.78 108, 173.94 90, 472.65 17, 701.29 1 , 237, 120.48 2b 108,173,94 99,196.39 18,977,55 1,218.142.93 27 108,173,94 87,828.11 20,345.84 1,197,787,09 28 109,173.94 86,361.17 21,812,77 1.175,984.32 29 106,173.94 84.788.47 23,385.47 1,152.598.85 30 108,173,94 83.102,38 25,071.56 1,127,527,29 31 108,173.94 81.294.72 26,879.22 1.100.648,06 32 106,173.94 79.356.73 28,617.22 1,071,830.84 33 108,173,94 77.279.00 30,894.94 1,040.935.91 34 100,173,94 75,051.48 53,122.46 1,007.813.44 35 108,173.94 72,663.35 35,510.59 972.302.85 36 108,173.94 70.103.04 38,070.91 9:;4.231.94 37 106,17:;.94 67,358.12 40,815.82 89 ,416.13 38 108.173.94 64.415130 43,758,64 849,65?.49 39 108,173.94 61,260.30 46,913.64 802.743.85 40 108.17.'.94 57,877,83 50,'296,11 752,44?,74 41 108,173.94 54,251,48 53.922.46 698,525.28 42 108,173.94 50.363,67 57,810,27 b40.?15.01 42, 108,173.94 46.195.55 61.978.39 578.736.62 44 100.173.94 41,776 91 66,447.03 512,2G9.59 45 108.173.94 36.936.08 71.237.66 441.051.73 4b 106,173.94 31,799,83 r6.3%4.Jri 364,77.61 47 106.173 173,94 2b,297.2b 81,880.69 2,32.,796, 97' 46 106.173.94 0,389.b6 6-;,764.29 193, 012, b5 4° 108.1-11 Qa 14,ObO.41 94. 11'. 3 I1~0,899, 1 h , r EXIHi811T Ibl ;WF PM 8 04 Iloy 91 Denton. Tx, EXHIBIT A RAY ROBERTS AND LEWISVILLE LAY.ES ESTIMATED SEPARABLE RECREATION COST (1 Oct 91 prices) Ray-Roberts-Lake I_ Future_QgyelgQeegl ..__...____l n)Sl;!L_4ergjooa__ ___ln_1 ota ASES.~4~ E9tjWCt ` 01 Land Purchase (public use areas) 1 4,382,000 1 0 4,392,000 14 Recreation Facilities 211867,000 23,9000000 45,767.000 30 Engineerinq and Design 5,8291000 5,8521000 5,681,000 31 Supervision and Adalnlstration 2,32Q1QQQ 112191QQ4 _..4j4lLQQ2 Subtotal Recrutlon Expenditures 1 32,398,000 1 21,7000000 1 60,0981000 Qregn¢ejj_Cgrrtdo► jgitjgj,Ogvglgggent Future_Qgye},oggenj _____,_Iglal 01 Land Purchase (public use areas) a 6,485,000 s 0 1 6,485,000 14 Recreation facilities 1,123,000 0 11723,090 Cultural Resource Preservation 6'!,000 0 671004 10 b,IIIIIIIIIII old 611gI1 ~ai,tluu u 48l,DOD 31 64ir lion and Adalnlstration „ ,_1441000 0 444.000 Subtotal Recreation Expandilures 6 4,200,000 s 0 1 9,200,000 Total Recreation Expenditures 1 41,598,000 1 27,700,000 s 690298,000 I.: PBRII'rj MY.Iy_IQ1RAYMME $IY.B NCSS.I&W enuol IglMlAwl9wat E9j9CE.QEYEIQ9!tgj _.._...I?j?I ,tv of Dallas, Texas 37,00 1 11,987,000 1 !0,249,000 s 22,2361000 ,ty of Denton, Texas 13,00 41212,000 3,601,006 1,813,000 rderal Boyernaent 5Q1QQ _jb_1j491000 _j31¢:01X00 SQ10441Q00 Total 10.00 f 32,398,000 1 27,106,000 s 60,098,000 !lt•Corrldor gm0 Perm] lnltlal_DevelgQeent Futgrg_OgvgloQs404 ?O ty of Dallas. Texas 46125 1 1,255,000 s U 1 4,:551000 ty of Denton. Texas i6,2S 11495,000 0 1,495,000 Bovernaent 3)_50 311$01600 _„_____•___u Si4,Q1004 Total IO0,0P 1 4,200,000 s 0 1 91200,000 i i 7 7 - - - - - - - - - - - - - - - - - - - - - CITY -T ow. COUNCIL - - - - l e - - - _ - oo~ooo F aooo. 'Y fOQ~ ' vim; ADO - , "T I °o o a- oe o DOOO~Op~a N. O~po~~~~o aoaancoo - ~.J y a CITY COUN:'IL REPORT FORMAT ZQ.. & 4Z TO: Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: Bridgee - Hemphill Escrow Agreement r` RECOMMENDATION: The escrow agreement brtween the City of Denton and Bridges- Hemphill should be maintained if Council feels Masch Branch Road will be added to the active CIP list in the next five years. The escrow should be released if the Masch Branch project is not considered in the next five years. SUMMARY: Five years have passed since the agreement was signed. The improvements were deferred only because the I7asch Branch Road Improvements were scheduled in the CIP. The ordinance has since been changed to 5 year escrow and Masch Branch Road was deleted from CIP. BACKGROUND: Normally, developments of this type have to perimeter pave when they plat. Deferment was approved based on the CIP. Masch Branch Road is an important artery that provides access to this site, the airport, and industries in the area. I PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED: Citizens who live and work in area, street Divisions, and Engineering FISCAL IMPACT: The $10,345.75 will have to be picked up by tax payers when road is rebuilt. AEE00168 N. A . SIIPAEME CORP I "hi BI 11F: Bl1tD ~`",3 Bridges • Hemphill Enterprises, Inc. PHONE: (817) 3878850 1,21 1.800.533.8813 hh VRJ August 19, 1992 Mayor Robert Castleberry City of Denton 215 E, McKinney Dent,, n, TX 76201 Reference: Hemphill Addition, Block A, Lot 1 4,790 Acres 1012 N, Masch Branch Road Denton, TX 76207 Dear Mayor Castleberry: We hereby request consideration be given to releasing the Certificate of Deposit #18503 currently in favor of the City of Denton for Defert ed Street Improvements for the above referenced property. It is our understanding the City has no immediate plans for street improvements to this area. We also understand the City ordinance currently requires this type of deposit for a period of only five years in lieu of the ten years originally required. Based on the ordinance change we hereby request our Certificate of Deposit be released. We appreciate a timely and considerate response to this request, Sincere , C arry . emphill Vice Preident LDI-I/bh MAIN OFFICE: PHYSICAL ADDRESS: BRANCH OFFICE: 1807 Norlh Elm, SUIte 120 1012 Masch Branch Road 18930 Cypress N, Houslon Denton, Texas 75205 Cypress, Tomes 77420 (713) 3731347 Dent6n, Texas 387,8660 18171387,.8850 IV.J CITY of DENTOK TEXAS MUN10PAL BUiLDWO / 215 F. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATEi August 21, 1992 TOt Lloyd Harrell, city manager I*ROMt Jerry Clark, Director of Engineering & Transportation SUBJECTc Hemphill Addition - Request to Release Escrow C.D. The Hemphills are requesting their escrow account for the perimeter paving of Maech Branch Road along t.helr frontage be released. The deposit was originally set up in August of 1987 to be a 10 year deposit as per the ordinance at that time. When the street ordinance was revised in 198d, the the changed to 5 years to be compatible with the Citys planning pro Capital Improvement Program (CIP). Maech Branch Road from U.S. 380 to north of the Airport wan in the CIP as a frto delay was b aech ame. M candiater project w°r©achvoter ing onstructi on in a 3- 0 yardecision based ed on on that project Branch Road has since been deleted from the list due to revenue problems which ill has down sired the CIP. Maech Branco Road from widened crap ur eeto U,S, imated 0 colt someday be an important road needing to 4 l. Est subgradeeas In the CIP. At reworked by the lane seal coatswiper th Phase I cost for his that section it ie a is $800,00.0 t Street Division approximately 2 yeare ago. Since platting and perimeter paving options are approved by P&Z and City Council, release of those funds should be undertaken by those same governing bodiee. ordinance dose not allow staff members to have these respo this Morris recommended that P&Z and City Council or just city request so to streamline, i am submitting directly to City Council. The decision to release the funds should be based on whether Maech Branch Road j rs. from U.S. 380 to Scripture will be a City priority in the next five yea s a SiCee it is not in our CIP at this time, funding would nee.' to come from s. Je r C AEE0019D/15 8171566.8200 D/FV ' METPO 434-2529 I i t 1 . D 2 0 1 C A T 1 0 V S STATE OF TEXAS DE Wore met the undersigned Notary Public tot the. Edmond G. aright, and William J. Bias, Jr,, are the owners of Harry C. Phillips, President of Pin Oak Aseoeisti 1 land situated in the C. Pcullalier Survey, Abstract Number subscribed to the foregoing instrument and aWm ,l S STATE Of TEXAS >n County, TeAasi said tract being all of Lots 2A-73, 12A-27eo the purpose and torsideratione therein expressed COUNTY OF DEW" w Lots 38A-428, 45A-46x, 47A-408 and SOA-Silt Block Two, liK3VAAS, Pin Oak Associates Inc., Edmond I of Denton according to the r*plat recorded in cabinet D, Slide ' Given under my hand and seal of office thie the r, Texasl said 12.6371 acre tract being more particularly that certain 126371 acre tract of land i 10060 in the City of Denton, Denton County Notary~Pub sl and 30A-369, Block Onel and also toots rlv southeast corner of said Lot 4A1 Bentoaks, an addition to the City of Dento Vf r 276, Plat Records, Denton County, Texas described as follower Beginning at the most southerly Bout 1 r Thence North 89 degrees 30 minutes 3 r most southerly southwest corner of s 1 Theaca North 02 degrees 08 minutes corner of Lot 78 in the south right f 1 Thence with the southern right-of-wa (1) South 63 degrees 29 minutes 22 r (2) with a tangent curve to the r. ,w r S angle is 27 degrees 00 minutes degrees 59 minutes 22 seconds MENNEN i~ feet? (3) North 89 degrees 30 minutes 31 northeast corner of said Lot 1 nor of said Lot 6A; S STATE OF TEXAS a minutes 30 seconds West 190.49 feet to the northwest Before me, the undersigned Notary Public for the Thence departing said right-of-way h right-of-way of B*ntoaks DrLvep Edmond S. Bright known to me to be the perss 120,00 feet to the southeast corner a Thence North 89 degrees 30 minutes ht-of-way of Bentoake Drive the following calls: instrument and acknowledged to me that he execut therein expressed and in the capacity stated, corner of said Bentoaks/ nut*s 22 seconds West a distance of 68.82 feet; Given under say hand and seal of office this the . Thence North 00 degrees 23 minutes C the west line of said Bentoaka, eaaw to the right whose radius is 358.23 feet, whose central minutes 00 seconds, and whose long chord bears South 76 Notary Public as shown by plat recorded in Cabinet seconds West 167,25 feet, for an are distance of 168.82 Thence North 01 degrees 37 minutes Commission em corner of said Bentoaksl lnutes 38 seconds West a distance of 175.00 feat to the S STATE Or TEXAS Thence North 89 degrees 05 minutes i id Lot 12A; ii _ northeast corner of said eentoakel -of-way South 00 degrees 29 minutes 22 seconds West Before me, the undersigned Notary Public for the William J. Sims, Jr, known to a* to the perm corner of Lot 12A; instrument and acknowledged to me that he execut I nonce South 00 degrees 57 minutes 0 of said Bentoaksl minutes 38 seconds West 490,00 feet to the southwest therein expressed and in the capacity stated, Thence south 38 degrees 14 minutes Given under my hand and seal of office this the northwest corner of Lot 28A, being i iinutes 08 seconds East 247,90 feet to an angle point in Thence with a non-tangent curve to t *co same being the southeast corner of Southmont Wlacet minutes 27 seconds West, whose cent Cabinet C, Slide 212 Plat Recordel Notary Pu is and whose chord bears South 25 degre minutes 30 seconds East 328,31 feet to the northwest Commission ex arc distance of 77,51 feetf Thence South 00 degrees 29 minutes corner of said Lot 30A1 lnutes 46 seconds East 785,56 feet to the most easterly toaka; Thence South 89 degrees 30 minutes corner of said Lot 30A1 lnutes 02 seconds West 86.68 feet to an inner ell corner Thence North 02 degrees 08 minutes 3 ninutes 36 seconds Nest 71.28 feet to the most westerly northwest corner of said Lot 33A1 baina in the eastevn rioht-of-way of Oakhurst Streetj . wv WW& WZva, w n &wwj r a~aa~ ems a ~44aw Ya u wµa+ Thence North 89 degrees 05 minutes 2 Lnutes 22 seconds East 300.07 feet to the most northerly description was prepared from an~ actual and~accu and accurate survey of the land and that the iron pins northeast corner of Lot 348) shown hereon were found or placed under toy person ay personal supervision or direction in accordance with the law. Thence South 02 degrees 08 minutes minutes 30 seconds East 518.49 feet to the Point of Beginning, containing 13.5840 acres i f acres of land, save and except for Lots 43A, 4390 44A, 44B, 46A, 468, 49A and 49B, Block Tw Block Two of said Sentoake, bringing the net acrsagj to s Stan or Rauptmann Date 12.6371 acres of land. T Texas Registered Professional G0WNRR' 3 CERT_ F C T8 Land Surveyor Mu.sber 2255 Q-A _N_IS SHE,-- TWO OF TWO NOW, THEREFORE, KNOW ALL MEN BY THES BY THESE PRESENTSt Edmond S. Bright and William J. Sims, Jr. do hereby adopt this METROPLEX ENGINEERING CONSULTANTS THAT, Pin Oak Associates Inc., Edmw n described property as Lots 2-7, 12-27, and 30-36 Block One, and ENGINEERING PLANNING * SURVEYING replat dacignating the herein descr Coto 38-42, 450 47, 48, 50 and 51 B1 id 51 Block Two, Bentoaks, an addition to the City of Denton, Denton 501 SOUTH CARROLL BOULEVARD SUITE 0 DENTON, TEXAS 76201 County, and does hereby dedicate t licate to the public use forever t;ie streets and easements shown ' ~ I (817)383-1416 DALLAS 219-7948 FORT WORTH 329-3834 hereon. ;RECEIVED F I N A L R E P L A T Pin Oak Associates Inc. Edmond 8, Bright BENTOAKS Harry C. Phillips, Presidunt AUS 2 8 L LOTS 2--7, 12-27, 9 30-36 BLOCK ONE William J. Sims, Jr. PLANNING A DEVELOPMENT AND LOT JO LOTS 38-42, 45, 47, 489 50, 4 51 BLOCK TWO DFrJARTMENT KING A BEING A REPL AT OF LOTS 2A-713, 12A-278, AND 3OA-368, BLOCK ONE, AND U AND LOTS 38A-428, 45A, 458, 47A-468# AND 50A-518, BLOCK TWO AS SHOWN ON THE PLAT THEREOF RECORDEC IN CASINE CABINET 'D', SLIDE 276, PLAT RECORDS OF DENTON COUNTY, TEXAS 0 AND BEING 12.6371 ACRES OF LAND OUT OF THE C, C. POULLALIER SURVEY, ABSTRACT NUMBER 1006 CI T Y OF Dwom D£N'ON COUNTY, mw DRAM ~Ni Cm m SCALE DATE JOB N0. CHECKEDt KEDs s H 1" 100' 26 AUG 92. 92011 i \~i DEBT 1 IN DRIVE S I . ` RL- ►~gNT PLACE , - - I n r • ~ C/212 PA ; s_ R.. 18' UE „ • ' ~ i n (INCLUDES S'UE 6Y 872/76 001 I ; ; C le' ouE N 00023'08" E 2A7 90' I _N 01'37'30" E 328 ' • L _ ----__Y__ 31' tw4lrll er,~14 r i LI N 89"30'3E 1 145.00' m 100.00' 17.12' 100-020 9"30'38" W 175.00 L2 S 00"29' 24c 0' 29' 22" W 59.00' 18 1 I I 11 2,eo le' uE L3 S 89"30'3E AA ; R 9'30' 38" E 102, 71' 14 i, 16 I;Q Is, am g 18 111 L-35-631 I I ?0 L4 N 02'08'3( 2' 08' 30" W 184.80' N?e.~~$00, 1-41 r o' _-T r L5 N 02"O8' 3( I J ar• zT z 1 y 2"08'30" W 190.49 Ic.A Ia . ee.7! I / s ~°g' I , 3 L6 N 83"33'5`. 3033' 55" E 100.42' I, L-J°'87' 2!'22' E x0.01_ ~1 6eu : L7 N 02"08' 3( 2 08` 30" W 39. $6I I g L-48.661 N 000r - - - - . _ . '>s15' uE ~ 1 ~ ~I re eeJTo L8 S 63'29' 22 3 29 22 W 68.82 16 00@22'221 E L9 N 87"51'3C 7'51' 30" E 25.00' o I" 15 I2R.ao' '~1 12s.oo' i~ - r LIO N 02'08' 3C o I Noo 29 22 E eL +1 e' CE LOT 445 2*08'30" W 10400' 1100 2! ?2.E L11 N 02'08'3C I I° Ie~n~ 2' 08' 30" W 1.00' r, 120.001 I. 10 1 45 110.52' L12 N 81"51'3C i 1* 51' 30" E 25.00' I tl b mw LOT 44A 11 I !I L13 N 63'29'22 3 29 22 E 031 -n Lima"'" - j x I g 14 I 71 125.00' I gl LOT 438 ; i I LOT NOD 826' I ~OCA M I 22'E I • I. SWOAKS.FIMA7.,, NOp~29'22'E ' 4eA Kf I 0/275 P01 I O I 124,00' i + LGT 13A 1 LOT 480 112.151 UD M I .1 all r N g9josaam IF m. Flo R h,• I 125,00' I 125.00' - In 8 13 of I W s~~ 23 of LOT 'is GRAPHIC SCALE IN FEET ~I M 1 18 4^ °i 1 4.7 J L ~ 0 25 50 100 150 200 3 3 50 400 400 4 s 0 I o'~ $ $I I + 1 y0' Nb4'40'46NE N00629 220E N00'29'224E 4 r I 120,00' 1'1 Y N on,22'E 1 9002!'22'E .1 _ ~ e' cE MOO, 125.00' _ n. I W 25' I 1 0 10 20 30 40 50 60 70 80 90 100 PAE • r- of 90 100 1 I IDS 204 4 6 - ~ GRAPHIC SCALE IN METERS $ P~ I$ 12 o WS 411 48 24 SI ` N00'29'22•E I ~q ~k gyp 4 n -I . , .E IH004290226E r- II I 16' .20 ~ 1 JRI ~0 y al~ I LOT 49A Noo'2S'22'E I 0 j~ ~000 500 29 22 ` 25~00~ I 125.00 o t` 24 117,82' I*0a (7) 1 LOT 116 TYPICAL 16'x251 UTILITY EASEMENT ` ~ C ° SI .I rxo cK... g \~I I ao r ' $ 40 $I I LOT 4AEF4 AT 25 01 z LOTS 2-7 AND 31-36, BLOCK ONE 1 ..............1.^ I IN!NT NOO'29'22'E I 0/216 PA gI ALL LOTS ON BLOCK TWO H I LOT 11A ' W 125.00' I NOO'2J 129.N00'2!'22'E ' 85,cW ' ■ 52' 14' 55' LoT Joe '~`4 5W LOT; 1 _i Cl R ■ 85.G0' L - I 6 ■ 52'14'' x L ■ 77,51' ■ 77,51' N00'2!'2re N00'2!■ S 25'38' 10' E 74.85' 126.00' 125.ae Ch■S25 s ~ - LOT IOA ■ 358,23' eEJ47WS AEPLAT Ik No0'2/'22'E 42,042 0' • r ' C2 R ■ 358,23' 6 ■ 27'00'1 L w 168.82' 15, 122,66' 1 1 oQO• 0/275 PA 14.79 I f~ CH M S 76"! ■ S 76059'22' W 167.25' I LOT ae u, 5 L•Se.ol' ° I -----1004 00'--'-------- I • I STREET 50, 0 I a-~. ONE t.~ L-101.30' , C3 N00'2!' 2~'E 104. - 0 1 TYPICAL 16'x25' LOT 9A 3L. L) L•85,1J' 45,00 L2 UTILITY EASEMENT CRVI 6 6 A L 01, LOT I ; c 1 %,4. LOT LOTS 12-14, 18, AND F2-26 16' x25' UT C3 19'13'56" 2' 13' 56' 354.13' 1180870 1 T ; LOT ''.2aA S 00457'02" W 86 68' I 123 2!° ~ L4 BLOCK ONE LOT 88 SA 268 c '20 t 1 At ']Cw 1J ~f% , EASEMEN C4 90'00'00' ionn'nn■ An.nn ~ ]i--yam,-~.~ ~ y-~~.... ~ a _ i. • y~ _ ..--v ~ ~ 1 i 'm.+r` mw~ ■fi.. ma 'w 1I. ll.i a ja, L.II IY 1 _i •.-l' I'~J I T M%ui w 11v l_ M 1 i C6 46'50'1? O QN nl 11 1 nT I TNF.q e(Z 4NnWm C7 24'22'08' ca 07'46'03' C9 19'13'97' C10 02'30'61' •fI I I r L f G£N0 pl FIP - Found 1/2" Rebar J~ f MON - Monument ROW - Right-of-Way SIP - Set 1/2" Rebar T -X- - Fence Line 1 -E- - Electric Line -T- - Telephone Line f MH - Manhole PP - Power Pole V LP - Light Pole i FH - Fire Hydrant Center Line JL B.L,- Building Line U,E,- Utility Easmt, D.E.- Drainage Easmt, L 11 I r • C.E*- Communications Easmt, D.U.E. - Drainage R Utility Easmt. 1■rl L P.A.E. - Private Access Easmt. •i I PAVE - Private Access ( Utility Easmt, I PADUE - Private Access Drainage Utility of J f ~ . -a e r i ~ n _ I ~I e: F 1 i i 5 r _ I ■ B IL :tc } intensity . She added tliat she felt this area could be developed as SI'-7. - Mr, Kamman stated that he felt traffic is a problAl ia' ls'9z this area. Ile said thfI Ire was not sure that this area is logical for siogle family use. ~4 Mr. Escue moved to recommend denial of Z-1847. Seconded by Ms, Brock. Mr. Claiborne stated that the Commission could probably live with 2-4% over the intensity standard but that two- story did not feel right in this area. Vote was called and motion carried (4-2). Mr. Glasscock and Mr. Kamman voted no, V-33. Petition of Bridges - Ilemphill Enterprises, Inc. requesting a variance of requirements of the City of Denton Subdivision and Land Development Regulations in conjunction with the proposed platting and development IV of a tract of land approximately 3.842 acres in size located adjacent and east of Masch Branch Road at a point. beginning approximately 2,500 feet south of U,S. 380 West (University Drive). Commercial (C) zoning is in place and expansion of available building area to accommodate repair, outfitting, sales and service of buses is proposed. The specific requirements affected by the variance request are; Article Ill, 4.07 - Water Utilities Standards - which provides that water systems 4nd capacity must be adequate for domestic and fite protection purposes (11500 gallon per minute flow required). Article Ill, 4.(13, subparagraph H r - which requires perimeter street road improvements { (curb and gutter, paving to city specifications, and i ' drainage improvements) for a 217.6 foot section of Masch Branch Road, Three notices were mailed to adjacent property owners; one reply form was received in favor, no reply forms were received in opposition. Mr. Ellison stated that the variance that was requested for the perimeter street paving improvements has been resolved. PETIT10N1''R; Ron Alsup, ic.presenting Bridges - Ilemphill, state trat they are proposing a 4,000 square foot build- ing for shop repair to expand current business. lie said that they first proposed the new building 40 feet from the existing buildings but that they can move the building further. Ile said that they have the best line of buses and they work almost exclusively with the State of 'texas. Ile said that Denton is a good area for them and the two acre site in Sanger is too small and thoy need more room. Mr. Claiborne asked if this would be for manufacturing. Mr. Alsup stated that the proposed building would be for sales, service and outfit, and some repairs. Ile said that they have fifteen full-time and ten part-time employees. y IIN 1;AVUk; None 1)te L. oPPOSED: None present, STAFF REPORT; Mr, Iiam stated that the Public Board recommends approval and a memo was submitted with the recommendation, lie said that in the 1989 Capital Improvement Program a 12 inch water line will be installed down Highway 380, down Ntascli Branch Road to Jim Christal Road. lie said that this line has been requested to be moved up to 1988 by tl}e Public Utilities Board, lie said that the developer would have to pay a pro rata when constructed, he said that the petitioner has requested a water well permit. Mr. Claiborne asked about theexisting atelthis l. its leiam than stated that it has a 637 g.p.m. and half of what Is required. Mr. Claiborne asked if the well was fairly large. Mr. Ilam stated that he could not attest to tl}e g,p.m• or the size of the well. I Mr. Claiborne asked Mr. Hagemann if he had anything to add, Mr, Hagemann said no. Mr, Claiborne asked if the variance is approved, can there be a condition added so that the petitioner will have to tie into city water when the line is constructed, Mr. Hain stated that a statement is put in the application for titre water well, rate conditionenforceable by oirdinanceclbut stated adthat ded ase a statement Mr. 12'lison stated that the petitioners have expressed a desire to expand with more facilities and the fire issue wi11 arise again if they decided to expand, N^,r, llagemas}n stated that in the fire code every place of business will have fire protection from the city water system. Mr. Morris stated that lie was not sure if the Eire code required the individual to connect to the Capital Improvement Program water line once it is completed. REBUTTAL-. Mr, Alsup stated that his client: will sign an agreement to connect to city water and that they will be improving the street. Chair declared the public hearing closed. DECISION: Mr, Escue stated that because the expansion v'-5e water line is not long off: and violation is not t extreme lr, Glasscock lie otirnon unanimouslyecaV-3. Seconded rried (6-0). by I and would g Commission have Nor, Claiborne !•equestecl that the Planning and Zoning a joint study session with the Public Utilities Board to discuss fire like,atJrepresentativpecfrom thectfirec'De.parttment ILo bedat this meelting. All Commission members concurred. !,11', Ham stated that he would relay this reciuesL to the Public. I D i 1 i f i r c n a r r1 h 1233E PROJECT NO, CONTRACT NO. THE STATE OF TEXAS 4 ESCROW AGREEMENT IN LIEU COUNTY OF DENTON 9 OF PERFORhIANCE BOND (Development Contract-Improvements of $50,000 or Less) irk WHEREAS, 1,arrv ll, !{emphill, Elizabeth A. Hemphill /VirginP kbJeS tier referred to as "Owner", has undertaken to develop property within the City of Denton, 'texas, or its extraterritorial j ,jurisdiction; and WHEREAS, Owner has, pursuant to the ordinances of the City of Denton, Texas, hereafter referred to as "City", executed a development contract to insure that any and all streets, water and sewer lines, drainage facilities or uchur improvements which are to be dedicated to the public, hereafter referred to as "Improvements", are constructed and completed in accordance with \It the specifications, standards and ordinances of the City; and. WHEREAS, Owner wishes to receive building permits for said property prior to the completion and approval or acceptance of the Improvements by the City; and WHLREASI in order to receive such building permits Owner may, where the cost to complete the Improvements is $50,000 or less, in lieu of posting; i performance bond, escrow cash money with a bank as escrow agent in an amount not less than the amount necessary to insure completion of said Improvements; LU,S`3 NOW, 'T'HEREFORE, OWNER, City and ISti agree as follows; hereafter called "Escrow Agent'', Amount, Owner, as a condition wits for Property to receiving building g per- located At Route 1, Box 402._2 ~ ply rstiII Brancii Kozd, sum of shall deposit the Tin 'Thousand '1,11ree Hundred forty give and 75/100, , 10,945, J5 , in cash money, with Escrow Agent,,said sum being in an amount, as determined by the City, necessary to insure completion of all Improvements whim are to be public dedicated to the said Improvordents being ioore particularly described in that cer.•tain development i contract dated the 29th _Ju1.y 19 87 day of between Lhe City, Owner and Owner's contractor) to which reference is made herein, 2. Notice of Deuosit. NO building by City for tile Property permits shall be issued herein described notifies Ci until z,scrow Agent ty, in writing, that cash money, in the amount specified herein, has been deposited in an escrow account with Escrow Agent, 3. Release of Funds, Escrow Agent shall not release any or all of the escrowed funds until the City Engineer authorizes the Escrow Agent, in writing b Herein as follows; , to release such frInds as provided for (a} ttie City dngi.neer, shall authorize the release a 1.1 the escrowed funds when all Improvements are PAGE, 2 y 9 -a_ ez9--_. accordance and approved in ance with provisions of the development contrathe City determination e j figwhich ments shall be made abinding on all Engineer parties hereto. required to, (b) The City Engineer, may, but ithe of release of authorize, periodically, specified sums of the escrowed funds p leted Owner if, and as, the Improvements are comp the City approved or accepted by stages, the so long as the remaining funds not released are o complete the construc sufficient C tion of but, remaining Improvements w'1~avandoaccepted or are required, Co be completed approved by the City, 3. Notices. Any notice to be cent, or required to be sent the address iven under this agreement shall be sent to Of o g the parties hereto, as follows; CITY; City Engineer 215 Fast ,icCinney Denton, Texas 76201 OWNLR t;emp1tii11, et al Larry D. Rt., 1, Box 402-2, 4lausch Branch Rd, en utt, T tfi__ JU4VL ' Escttow AGENT'. _ USB__._.ank P.O. dox 2226 , ,~~76201 _ owner agrees to pay any and all fees or costs 4, trees' Agreement. charged by the Escrow Agent in connection with this The Escrow Agent shall Nonliabili~Y Yf Escrow ~,~eL and delivery have no responsibilLty except for t;he safekeeping of the amounts deposited i.n the Escrow Account in accordance with this agreement. 'rile Escrow Agent shall his agreement lorf in any act done or omitted to be done under t PAGE 3 y 7 144- !2 9y i~ connection with the amounts deposited in the Escrow Account except as a result of the Escrow Agent's gross g g willful misconduct. If any question, dispute or disagreement arises among any one or more of the parties hereto and/or any other party with respect to the funds deposited in the Escrow Account, the proper interpretation of this agreement, the duties of the Escrow Agent hereunder or the rights of the parties to this agreement, the Escrow Agent shall not be required to act and shall not be held liable for refusal to act until the question or dispute is settled, and the Escrow Agent has the absolute right at its discretion Co do either or both of the f0 Mowing ; (a) withhold and/or stop all further performance under this agreement until the Escrow Agent is satisfied, by receipt of a written document in form and substance satisfactory to the Escrow Agent and executed and binding upon all interestedthparties aC the hereto (who may includoer the subscribers),has been question, dispute, resolved; or (b) file a suit in interpi;,ader and obtain by final judgment rendered by a court of competent juris- diction, an order binding all parties interested in the matter. b. 5uacessors and Assttns. This agreement shall be binding upon the successors and assigns of the parties hereto. 7, Venue. The parties hereto agree that if any legal action is necessary in connection with this agreement, exclusive venue shall lie in Denton County, Texas. PALE 4 Gam..---- /0 l /A IN WITNESS WIiEREOF, the said City, Owner, and Escrow Agent have signed this instrument this _ day of July 19 87 CITY OF DENTON OWNER BY: Cam- : y BY ESCROW AGENT BY: I PAGG 5 \ I I t 15051. THE STATE OF TEXAS i O ACREEMLINT PROVIDING VOR COUNTY OF DENTON S DEFERRED STREET IMPROVEMENTS ~ 1IHERf:1tS,Larry-D, llem hill, Elizabet A. Ilem hill and ;rglwrieri'~`IF'eShas sought approval of Denton, Texasto sub<ivide or evelop property within the City , ("City"), or its extraterritorial jurisdiction, said property being described or shown in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, Owner, pursuant to the ordinances of the City of Denton, Texas, is required to make improvements to unimproved perimeter streets adjacent to said property; and WHEREAS, the Planning and Zoning Commission of City has, upon the request of Owner and pursuant to City's development ordinance, based upon a finding that said street improvements are not feasible or desirable at the time of approval of development, postponed the required street improvements; and IVHEREAS, pursuant to City's ordinance, Owner has elected to enter into this agreement to insure completion of the deferred street improvements if later required by City in accordance with City's ordinance; NOW, THEREFORE, Owner and City, in consideration of the City's deferral of said street improvements and approval of said iubdivi- s4on or development, agree as follows! 1. Owner shall be obligated to make street improvements to the unimproved existing perimeter streets adjoining the property described herein and as shown on the plat approved therefore, if j required by City within ten (10) years of the date of this agree- ment; said streets, or portions thereof, required to be improved being described in Exhibit "B", attached hereto and incorporated by reference. The determination of whether said street improve- ments shall be made within the required time shall be made by the Planning and Zoning Commission, after public hearing, upon the recommendation of the City Engineer, said determination to be made within nine (9) years of the date of this agreement. If no deter- mination is made by the Planning and Zoning Commission of City within the required time, Owner shall have no obligation to make said street improvements and this agreement shall terminate. 2. In order to insure the completion of the street Improvements in accordance with this agreement, Owner shall, prior to any deve- lopment of the property, post a performance bond with City in an amount not less than one and one-half times the amount necessary to complete the required street improvements, as determined by the City Engineer, guaranteeing the full and faithful completion of the required street improvements meeting City's specifications; said bonds sha11 be in favor of City and shall be executed by an approved surety company authorized to do business in the State of Texas. Said bond shall be renewed successively, as required, prior to its e.epirat iori date, so that there will be a valid, unexpired performance bond providing for the construction of said street improvements during the time for which the street improvements may be required under this agreement, 3. If the street improvements provided for herein are requested to be made in accordance with this agreement within the required time, Owner shall enter into a development contract, as required by City's development ordinance, and complete the required street improvements with reasonable diligence. Owner agrees that upon the Owner's failure to complete the required street improvements upon request as provided for herein, Owner shall pay City as liquidated damages the amount of Ten Thousand, 'three Hundred Forty Five and 75/100 10,345.75 being t iTe amount of the p :ag x Rkt required ye n. Escrow Agreement 4. The parties herein agree that this contract shall be enforceable in Denton County, 'texas, and if legal action is necessary in connection therewith, exclusive venue shall lie in Denton County, Texas Executed this 31t day of July lg 87 ` OWNER CITY OF DENTON, TEXAS 0Y' C Y MA AGE J ATTEST; wit a C 'r S C RET R CI OF DE TON, TEXAS APPROVED AS TO LEU L FORM; DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS nn~ 8Y: PAGE TWO h i C I T'Y ~COUNCL DO Opp00 Oa pp~~oo4 . 0 Opp { N UFO j~ 0 ccac 4 7 i C ITY C 0 U N C L rt- _ f r ~~ooooo~aoaaoaDo~ooo ' 10 to G o ~ 10 b~~~~44GCOG :u CITY OF DENTON CITY COUNCIL MINUTES ~-~`j~ AUGUST 4, 1992 Vic- /~✓97 The Council convened into the Work Session at 4:00 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Council Members Brock, Smith and Miller. ABSENT: Mayor Pro Tem Hopkins; Council Members Chew and Perry, 1, Budget Presentations introduction r' John McGrane, Executive Director for Finance, stated that page 3 and 4 of the budget had a Council calendar for review. The August 11 meeting would have budget presentations. On the August 25th agenda, the Council would be considering the hotel/motel tax recipients budgets with an additional budget study, The September 1 meeting had a public hearing on the budget and a possible public hearing on the tax rate. The September 8 meeting was a. final council budget study for the major budget issues with additional Council information if needed. Approval of the budget was scheduled for September 15. Council could wait until September 20 for approval of the budget but if it was not done by that time, the budget as presented by the City Manager would go into effect. McGrane reviewed definitions which were used in the proposed budget. The target number was the prior year budget with personal services and fixed assets taken out. 'she target number was made up of supplies, maintenance, services and sundry. If a department could not meet its target number, the department would provide restoration packages which it was willing to give up to meet the number. A department might also have new packages which it was requesting. The target number was calculated with the packages to balance the budget. The baseline budget was personal services, the target number and packages. The current budget was $28,376,920 and the proposed budget was $28,064,160,000. Looking at inflation being 3.5%, the budget was decreasing approximately 4.6% from J.ast year. The decrease also included the 15$ increase built in for insurance increases. Revenues were dropping primarily due to the drop in the certified tax roll which over five years was approximately 11,37%. General Government Catherine Tuck, Administrative Assistant, stated that this budget included the City Manager's office, the City Secretary's office, and Mayor and Council expenses. No new packages and no new personnel were proposed in this budget which had a decrease of approximately 1W over last year's budget. No salary increases were h ^.i.ty of Denton City council minutes J~ August 4, 1992 Page 2 included but there was an increase in insurance of 15%. Supplies had increased slightly due to office supply increases and copy increases, Maintenance increased due to increases in maintenance i contracts. The increase in sundry reflected what was actually spent in that area. No fixed assets were in the budget for the next year. Council Member Smith asked what was included in sundry. Tuck replied Council meals, elections, delivery of council packets, etc. Jesus Nava, Assistant to the City Manager, stated that the department had taken a $3000 cut in travel. He reminded Council that there would be no money for a "Welcome to Denton" sign for next year. Council Member Miller expressed a concern that the department could not provide services with this budget. Tuck replied that there was no decrease in services to the community with this proposed budget. She also stated that there would not be a citizen survey in the proposed budget. Community_ Tm_provement Cecile Carson, Keep Denton Beautiful Coordinator, stated that the budget for the coming year had a reduction in the overall target number. one of the main reasons for this was the open position in the office and the new employee who would be hired in at a lower salary. This was reflected as a $6000 decrease in personal services. The department had made cuts but still maintained services to the community. There had been a reduction in travel and a reduction in the advertising budget due to the new ordinance passed by Council relative to the posting of notices. Carson also presented the Keep Denton Beautiful budget. This budget included a transfer from the Solid Waste fund of $10,000 for operating expenses for the next year. The budget had no personal services as her salary was in the Community Improvement budget. Council Member Miller asked if the positions listed in personal services were filled positions or open positions. McGrane replied that the City budgeted at 100% filled positions for the entire year. It was anticipated that there would be some turn over and some positions held vacant, It was then estimated what that figure would be for the full year. j 1 \ City of Denton City Council Minutes 3 9y August 4, 1992 Page 3 Council Member Miller asked for the estimate. McGrane replied that it was the estimate for the end of the year, Rick Svehla, Deputy City Manager, stated that Human Resources also looked at trends in the work force and how mobile positions would be in the proposed budget. McGrane Mated that during the budget year, departments could not take from the Personal Services accounts. If the funds accumulated during the year and were greater than expected, the funds rolled into the fund balance, I" Le a Debra Drayovitch, City Attorney, presented the legal. department budget, There had been an increase of 1W due to litigation costs and reclassifications due to the Mercer study, The travel budget had been cut from the target number as well as a cut in court costs, one package had been proposed for overtime which added $800 for overtime. After their budget had been submitted, they were asked to make additional cuts which they made in special services, phone costs and office supplies. The department did not anticipate any decrease in service levels due to the proposed budget. Council Member Perry joined the meeting. Council Member Miller asked where court costs appeared in the budget. Drayovitch replied it was in sundry, It fluctuated due to the type of court suits. Council Member Miller asked if other departments included court costs in their budgets, Drayovitch replied no it was a collective effort to meet the costs. Council Member Smith asked that if court costs were ciit from $2000 to $1000 was the Attorney assuming there would not be as many court costs, Drayovitch replied that it was a gamble to see what types of suits and the number of suits which would be presented to the City, Council Member Brock asked about outside attorneyc,, in the budget, Drayovitch replied it was in the services category of the budget. y j City of Denton City Council Minutes August 4, 1992 ll// Page 4 McGrane stated that the City Manager's contingency fund could be used for an extraordinary case as could Personal Services if necessary for a legal case. Municipal Judge Sandra White, Municipal Judge, stated that her budget included one full-time judge, one part-time judge and a full-time secretary. She was requesting a computer terminal and laser printer for her office and the necessary hook up to the main frame. This was the second timo she had requested that equipment. The addition of the ` equipment would make her office more efficient. Her budget would be over in the phone category due to the debt service for the new phone system. Dues and publications had been cut but in reality the costs would be increasing in the next year. The largest cut in the 2% reduction would come in the part-time judge's salary. It appeared that the juvenile cases would be returning to the City and that would require more time for the part-time judge. White presented a list detailing the amounts of money she had returned to the budget during the past several years. She did not feel that she could handle a 21 cut in her budget. Planning & Development 4 Frank Robbins, Executive Director for Planning, stated that he f` would be presenting the budgets for Planning and Development, Building inspections and Main Street. In the Planning and Development budget there was an increase in personal services due to Mercer, supplies were up due to GIS supplies, maintenance had no change, and services and sundry were decreased. The target number also did not include grants such as the certified local government grant. There was no decrease in the target number. The amount of money requested for next year was $1680 less for certified local government grants than the last year. Building Inspections - there was no decrease in service level but a decrease in the target figure from miscellaneous cut;; in supplies, maintenance for radio equipment and dues and publications plus a decrease In the motor pool fund. Main Street - there was a decrease in the target number which was reflected in a 2% decrease from the speci,1 services area. There would be no decrease in level of services in the Main Street department. Mayor Castleberry asked about the part-time personnel working in the Main Street office, 4 /5 902 City of Denton city council minutes August 41 1992 Page 5 Robbins replied that one position was paid for by the private sector and one was paid for by the certified local government grant. He noted an error on page 151 of the proposed budget ooneument in personnel /workeears professional and one in MainhStreetd 0 and should have been doc Council Member Chew joined the meeting. Human Service Barbara Ross, Ccmmunity Development Coordinator, stated that the Human Services Committee wanted the opportunity to revisit its preliminary recommendations. The committee had requestedrthat any direction for the budget would be helpful and they would eturn to the council with final recommendations for the budget. Council. Member Smith asked what the Committee was requesting. Ross replied that if the budget were to be cut, the committee would like to recommend where the cuts should be made and which agency would receive the funds. Mayor Castleberry asked if there would be new programs added in this budget. McGrane replied that the recommendation of the C mi ee was lthat ike if the dollar amount was kept at $114,444, the Committ would at the current to reallocate that amount. If the amount was left level of $115,000, the Committee would also like to reallocate the funds. If the Council kept the recommendation of the committee, then there would be two new programs. Mayor Castleberry asked the Council for their feelings on the addition of new programs. Council Member Smith felt that no new programs should be added at this time. Council Member Miller felt that a look could be made at the total funding and let the Committee determine the allocation of the money. were Mayor Castleberry stated that when two new program the two added with year programs an allotted amount of money, the following would be funded again. Ross replied that current policy adopted by the council was to provide seed money for three years and after three years the 1 city of Denton City council Minutes August 41 1992 Page b organization would no longer receive any money. Mayor Castleberry asked if any organization had ever been dropped from receiving money. Ross replied no that each of the current agencies had been funded prior to that policy. Council Member Perry asked how a decrease in funding would affect grant funding for the agencies. il on af fectiahel agencies Wino tethe rms oof cgrant Ross a eplied that would would how were allocations. ecom consensus of the council was to fol loudget by 1m me chest of city Manager and reduce the-agencies allocations based on the raised as to whether to o use funding current allocations or reduce the allocations by 1%. uld ent ecomme Ross the Council t One would be Committee coon ap1% r duction and oneabased to th on the current budget. Council tools a short recess for dinner. Fina~ nce " Adminis3_ trati.on stated that the John McGrane, Executive Director for would beFreduced by $2000. This cha ging the budget productionhecolor would Finance be Administration on by distributed graphics would be reduced and the number of e er.c mats due would be the budget rethan the mained the rsame g Except for t tic, cut- in to insurance, , the budget production pointed item, s thesalary Ve avi.ng er figure uunder provided. McGrane p Miscellaneous Expenses and Contributions to Other Agencioes sit whiich ch was the number anticipated for no:nal turnover or vacan pons in personal services. lie also which offset the 100 budgeting done ure, which reflected an increase for emppoilntoyed ees i out n li the eu of Tofa fsaig lary increase, was half of the n set ould be required to bring the 1$ pension increase .theasecond half would be aside and if available for the next year, increased. McGrane called Tax attention District tkt The.amount was u$169,812 line item for the county raisal's District budget. The which was the Denton Central App position and a 3~ salary District had proposed an additional p solution during the increase. The council would be considering a re city of Denton City Council Minutes 7'" 9~f August 4, 1992 Page 7 regular meeting concerning the District's budget. If the Council did no action on the District's budget, the budget would be approved. If the Council and a majority of the other districts disapproved the budget, the District would have to present a different budget. McGrane stated that part of Finance Administration was the Risk Management program. The city was primarily self-insured for workman's compensation. An actuarial study projected that the City needed $3.25 million fund balance for the program. A five year plan hadi been initiated to fund that program and that amount had been reached. The liability insurance had increased due to increased accidents. The Council was also considering at the regular session a recommendation from the Audit Committee regarding hiring a firm for next year. The annual costs had been reduced which would be a five year savings of $47,500. i Purchasin warehouse Torn Shaw, Purchasing Agent, presented the budget for Purchasing and Warehouse. He stated that there had been a decrease in services and supplies for the proposed budget. There were no new packages or capital expenditures and no expectation of decrease in level of service. The Warohouse budget had no changes in service levels. One new package had been requested which was a new copy machine for use in the office area of the Service Center. As this would be a working capital fund, the money spent for the machine would be reimbursed through charges for individual copies. Treasgry Operations Harlan Jefferson, Director of Treasury operations, stated that the Treasury budget would remain at the same level of service. The total budget for that department represented an increase of $1,411 due to the projected increase i.n health insurance premiums as well as telephone increases. There was a restoration package for armored courier service for cashiering. The Tax Department budget would have the same level of service as the current year. There was an increase in supplies, due to postage increases with an additional mailing for delinquent tax notices. The additional mailing had resulted in an increase in delinquent tax collection. Municipal Court would reflect the same level of service. There was an increase in personal services and postage. there was an estimated revenue shortfall of $300,000 in Municipal Court for the current year and an estimate of $100,000 short of this year's budgeted amount. Customer Service would operate at the same level of service. The internal auditor position would remain in the proposed budget. t v T City of Denton City council Minutes August 41 1992 page s , 1 p erations d et stated Acr°•L tin a d Su Budget Operations, of Accounting and et The proposed the De}i<se, Director s in her budg. out of Kathy some minor changes would be funded l Energy that there were a position wh implementing Federa budget reflected assist in ear that positi on Division to The following y system Electric ommission accounting. new ambulance billing Regulatory C of her budget, A considering it during the would be funded out discussed and Couno l would be was being _ regular session. nformatio Se vices stated that Information Services, rocessing, Director of data processing, word P the other Gary C°llins, rovided services tO Services P and administrative department Information the depserv services anization. Overall ice deptelephoneartment hout the org due, o personal s at°ag2.5% increase mainly °sitions would be was looking art-tme p orvices to meet en eds of the court a Processing area In Administra~imo p Services i two Part changed to two full- system demands on Administrative Serv to i ud et reflected a small increase due to nsurance increases- system g Recreation Adm,i_nlat.'ra t' pi islo stated that. the Pa•- rks.- --ecr,`- Coordinator, overall Park Planning a roximately 10% of the Janet Simpson, slight decrease in Administration Division made up P ersonal services due to artment• there was a S the Parks and Recreation Dep , osition A critical issuelthogh the Proposed budget which was reflected in P hear, a it did the vacancy of the Directors ovements. She stated t civic center swimming Pool iOl department budget as a whole had decreased this Y the depa' not mean that the needs had decrease . Ler e Services stated that her general find and the recreation tares while Alicia Ment operated eriout ofntendent othef g Leisure Serv ces' ro er' The department class fees' fund. General fund dollarswerere derived ffrfrom om proper' the Senior fund dollars Pment recreation included recreation thet manag -and and of full fundiC~nter which paid for as r utilitiommunityes center I and the Civic ,r items such wide Center supervision of those facilities i' u ulations such as It provided for for special P p roved for " basic services. oved funding fib also provided foreapro approved ive special events and dptrhe disabled. 0 self- t be° p intended b 10 seniors, youth, rrugrams which funding for non-subsidized for the public- The Recreation fund was s City of Denton City Council Minutes S' August 4, 1992 Page 8 Accounting and Budget Overationg Kathy DeBose, Director of Accounting and Budget operations, stated that there were some minor changeG in her budget, The proposed budget reflected a position which would be funded out of the Electric Division to assist in implementing Federal Energy Regulatory Commission accounting. The following year that position would be funded out of her budget. A new ambulance billing system was being discussed and Council would be considering it during the regular session. Information Services Gary Collins, Director of Information Services, stated that Information Services provided data processing, word processing, telephone services and administrative services to the other departments throughout the organization. Overall the department was looking at a 2.5% increase mainly due to personal service areas. In Administrative Services two part-time positions would be changed to two full-time positions to meet the needs of the court system demands on Administrative Services. The Data Processing budget reflected a small increase due to insurance increases. Parke & Recreation Administration Division Janet Simpson, Park Planning Coordinator, stated that the Administration Division made up approximately 10% of the overall Parks and Recreation Department. There was a slight decrease in the proposed budget which was reflected in personal services due to the vacancy of the Director's position. A critical issue was the Civic Center swimming pool improvements. She stated that although the department budget as a whole had decreased this year, it did not mean that the needs had decreased. Leiriure Services Alicia Mentell, Superintendent of Leisure Services, stated that her department operated out of the general fund and the recreation fund. General fund dollars were derived from property taxes while recreation fund dollars were derived from class fees. The philosophy of full funding included recreation centers, the Senior Center, and the Civic center which paid for the management and supervision of those facilities for items such as utilities and basic services. it provided for full funding for community-wide special events and approved funding for special populations such as seniors, youth, and the disabled. It also provided for approved funding for non-subsidized programs which would be too expensive for the public. The Recreation fund was intended to be 100% self- y ,t's -`a City of Denton City Council Minutes J 95/ August 4,. 1992 Page 9 supporting and funded programs, classes, and events for specific recreational interests. The fees would cover instruction, equipment, supplies, service costs, and some administrative costs. An administrative fee would be reimbursed to the general fund for each class participant. A proposed reduction in services which affected both the general fund budget and the recreation budget was the elimination of an athletic supervisor position which currently managed adult athletics, aquatics, and golf. The impact would be to restructure the adult athletic programs to provide for self- management through the associations; to p'. a aquatics under the direct supervision of a leisure service manager; and to close down the driving range or explore the possibility of a lease option arrangement with a private entity for its management. The athletic supervisor position was paid half from the general fund and half from the recreation fund. Mentell displayed how the leisure services division proposed budget reduction would be impacted. Mayon Castleberry asked about the personnel reduction in the proposed budget. Mentell replied that that position was the athletic supervisor position and that half of the reduction came from the general fund ` budget and half from the recreation fund budget. I P rks Divisig Bob Tickner, Superintendent of Parks, presented the parks division budget. That division provided maintenance and development for parks and recreation and was responsible for the parks, medians, cemeteries, right-of-ways, etc. The proposed budget was the same as last, year with no major changes. The department would be receiving one new truck for litter removal at the parks. Major budget issues included increased mowing with the addition of the new park and Loop 288 mowing. The City would no longer lease 13 acres from the DISD and would substitute the mowing at the new park site. In order to accommodate the mowing of the Loop 288 area, there would be 30 acres at North Lakes Park which would go under construction for ball fields. An additional 30 acres at North Lakes would move from a class level D and would no longer be mowed. Tickner indicated that residents in the area might express concern that thosh areas would no longer be mowed. Council Member chew asked about the cost to maintain the 30 acres at North Lakes. Tickner replied that it would cost approximately $3000 per year to continue to mow the area. City of Denton City Council Minutes August 41 1992 Page 10 ons staff they were n to ablprovi to be out mowinghe maintenance Tickner replied that those employees would shift to indoor work or continue to mow during a light rain. They would also weed, do construction repair work in the parks, or paint signs, Council Member Miller asked if it would be possible a path for the walkers in the areas that would no longer be mowed, Ticker replied that he would try to do that. Library Joella Orr, Librarian, presented the budget for the library. She indicated that the grant had been for construction of the branch library, formally approved budget was changed in order to meet the target She detailed order the breach the 2% decrease from target number there would be no staff development money, materials had been cut but not in the area of the childrens department, and special services area was also cut, council Member Chew asked for the total dollar amount of cuts in that department. Orr replied that it was approximately $19,060, I Council Member Perry indicated that he was interested in moving toward automation of the library as soon as possible, Council Member Chew expressed concern about the quality of service which would be available to patrons if the proposed cuts were initiated. Betty McKean, Executive Director for Economic Development /Municipal Services, indicated that another issue was county fending. There continued to be a problem in operating the 114- ary due to thu degree to which co!oty residents had to be subsidized, Council Member Miller asked about the option of not building a branch library and using that money in the present facility, Orr replied that the current building was located in a flood plain so anything built would be more expensive and would have to go into the parking lot. Land across the street would have to probably be purchased for a parking lot if the current building were expanded. City of Denton City Council Minutes / August 41 1992 Page 10 they were not o able to be out mowing. maintenance st.'r'f ltime when Brock Ti:kner replied that those employees would shift to indoor work or during continue to mow construction repair work a in light rain. the parks, or hpai t would also weed, do Cou cil Member sible fornthe walkers Minlthe areas that would no plonger beomowed.a path Ticker replied that he would try to do that. Libras fShe or Joella Orr, Librarian, presented the budget for the library. indicated that the grant had been formally approved construction of the branch library. She detailed how the budget was changed in order to meet the target number. in order to reach the 2% decrease from target number there would be no staff development special serv i es inwatshealarea of Council Member Chew asked for the total dollar amount of cuts in that department. Orr replied that it was approximately $19,060. interested in moving Council Member Perr indicated of the library t as that soon w as possible. toward automation the eprquality of oposed cuts service were to patrons about which Council d Member b be available expressed L) y.' initiated. Betty McKean, Executive Director for Economic Development/Municipal Services, indicated that another issue was county funding. There .zed. due to the degreeuto which ecoun y residents phadttogbe the librar Cou branchl libMember Miller rary and usingsthatamoney t in the present facil.ity,inq a Orr replied that the current building was located in a flood plain so anything built would be more expensive and would have to go into Land pstreet the wer.erexpanded. City of Denton City council minutes August 41 1992 page 11 Environmental Health/Animal C` ontznl resented the Nonie Kull, Manager of Environmental Health Services, p control. The budgets for environmental health would be less than they had been that there would be a shortfall. in environmental health expenditures previously. It was anticip lications for restaurants and revenues due term is deThere wasl a ppoposal for an increase in food food handler p generatehann additionalh$2h820 in drevenue. $Reinspection erevenues genera generated were not based on incremental percentage increases due to ear. Revenue shmen expected compliance by food establin the t owners. The animal would be slightly slightly higher. Thelproposed sed the budget Cur included a position r control e This reduction of a seasonal animal control officer positfromion. April 1 elimination wouitoYe8qOra mthe . Monday tthrough of an Friday officer on duty from 5:00 p through September 31. Municipal Services Economic Devg~lo__ nment resented the She Linda Ratliff, Economic Development Coordinator, p budget for municipal services and economic development, indicated that there would be an increase in the perAsonal al services tar get category due to the Mercer study. in order to reach th Seminar had been number, supplies and maintenance were lowered. package to attend the Basic Industrial Development previous included in the proposed budget but dbunot dget funded. There were no major changes in the proposed year. Facilities Manage_meWc Superintendent of Facilities Management, Bruce Bennington, management budget. He detailed they presented the facilities ht3 responsibilities of his department. and a reduced in two areas, otherr month as ropi~Oseeed ct to control monthly and ly which been reduced to every costs. There were no other major reduction in electric budget~y changes in the proposed Due to time constraints, the Human Resources budget was not discussed and would be considered at the next Council meeting. the The council convened into the Regular meeting at 7:00 P.M. in Council Chambers. 4 ' City of Denton City Council Minutes August 4, 1992 Page 12 PRESENT: Mayor Castleberry; Council Members Brock, Chew, Perry, Smith and Miller. ABSENT: Mayor Pro Tem Hopkins 1. Pledge of Allegiance The Mayor and members of the audience recited the Pledge of Allegiance. 2. Presentation of Keep Texas Beautiful Awards. Mayor Castleberry and-John Cooper, Chair-Keep Denton Beautiful Board, presented the Keep Denton Beautiful Awards. The City of Denton received the Sustained Excellence Award of 1992. The Winners Circle Award and the Keep Texas Beautiful Proud Community Award were also presented to the city. The Ruthe Jackson Youth Award was given to the Denton High School Ecology Club, Woodrow Wilson Elementary School and Hodge Elementary School. Gertrude Gibson received a certificate of Merit for the O.P. Schnable Award. The Denton Record-Chronicle received a Certificate of Merit for media. Cindy Bickhause received a Certificate of Merit for Sadie Ray Graff Educator award and Cecile Carson received a Certificate of Recognition Presenter Award for training in the Waste in Place Program. The Mayor presented a proclamation for Roberta Donsbach Day. 3. Public Hearings A. The Council held a public hearing to consider the preliminary and final replats of portions of Lot 2, 31 41 5, and 6, Block B; into Lot 6R, Block B of the Schmitz & Ripy's Addition. The .4128 acre site was at the southeast corner of Bell Avenue and Schnitz Street. (The :Manning and zoning commission recommended approval, 5-0, at its July 8 meeting. The preliminary replat was recommended conditionally.) Frank Robbins, Executive Director for Planning, stated that this was a replat of four lots into a single lot. The property wao current).y.-zoned MF-1. The Planning and Zoning commission had recommended approval of the preliminary and final replato. The preliminary replat was recommended with the condition that an additional five feet of--right-of-way be dedicated along the Schmitz Street frontage. The Mayor opened the public hearing. I City of Denton City Council Minutes August 4, 1992 Page 13 No one spoke in favor. MO one spoke in opposition, The Mayor closed the public hearing, Chew motioned, Smith seconded to approve the plats, Brock aY© On roll vote, , Miller "aye°'u Smith "aye", Chew flayeu, Perry nayeu, and Mayor Castleberry aye . Motion carried unanimously, B. The Council held a public hearing and considered adoption of an ordinance rezoning .4128 acres from Multifam' General Retail, (GR-C , y (MF-1) to ) The hand was located on the southeast corner of Bell Avenue and Schmitz Street. (The Planning and Zoning commission recommended approval, 5-o at its July 8, 1992 meeting,) Z92-015 Frank Robbins Executive Director for Planning, stated that this was a rezoning of property the Council had just given approval of for the preliminary and final replats. The property was in a moderate activity area. Due to the rezoning of the property to general retail and the fact that it was in a moderate activity area, this would be a disproportionate allocation --)f intensity trips, According t~ the Denton Development Plan, if a proposal violated the policy of proportionate share, a determination needed to be made of any planning consideration that might warrant approval of a disproportionate allocation of intensity trips. The following items needed to be considered: (1) the location of the proposed development in reference to existing or proposed public facilities such as streets, water or sewer lines, and drainage facilities - the property would only have access to Schmitz street and none to Bell. Water and sewer lines along Schmitz and Bell were adequate for the proposed use, and existing drainage facilities would handle water runoff from the site. Thus this policy was complied with, (2) the topography of the land in the planning area and in the proposed development - the site had a large amount of protected trees. These trees helped create the character of the area. No major modification of the natural drainage patterns was warranted. In keeping with these statements, the applicant had agreed to conditions which would preserve a large portion of the trees. (3) the land use in the planning area and in the surrounding area - the surrounding land uses were mainly multi- family. To the west was a T. W, U. classroom building and student parking lot. A commercial parking lot or other small retail business would not have a negative impact on the character of the area. (4) the allocation of trip generation intensity in reference to other zoning in 2 ofththe were incompatible hwith l thed chauses in racter of y City of Denton City Council Minutes August'4, 1992 Page 14 the neighborhood. These incompatible uses were excluded from the proposal, leaving a list of uses that would not negatively impact the area and would blend with the existing neighborhood. Based on the four criteria, the Planning and Zoning Commission found that the allocation of the intensity should be allowed. The Planning and Zoning commission included the following conditions: (1) the floor (2) the to area ratio of any structure would not exceed .3 to 1; height of any structure would be limited to two stories; (3) existing vegetation of 2-inch caliper or greater located within 20 feet of the Bell Avenue right-of-way, within 14 feet of the Schmitz Street right-of-way, within 15 feet of the southern property line, paralleling preserved the and within 10 feet of all other property building liline nes, would in a healthy condition; (4) the owed uses would southern property line would be 15 feet and (5) a specific use be limited, along with three uses with an approved permit. The Mayor opened the public hearing. Doyle Conine, representing Conine Capitol corporation, spoke the favor of the proposal. He requested the Council approve wobuild uld a parkin used gplot request. The intent of the development was on the property. The existing landscaping This additional landscaping according to the landscape ordinance. hoped would be an asset to the City and to the University. I was with the zoning that the parking facility would help relieve some of the parking on the streets Council Member Smith asked if there would be a parking building. Conine replied no that it would be a surface lat. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-124 AN. 0RDI14ANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY ONE (MF-1) TO GENERAL RETAIL (GR) DISTRICT CLASSIFICATION AOD USE DESIGNATION WITH CONDITIONS FOR 0.4128 ACRES OF LAND LOCATED NEAR THE 'T'EXAS W01ANIS UNIVERSI'T'Y CAMPUS, ON THE. SOUTHEAST CORNER OF BELL AVENUE AND SCHMITZ STREET; PROVIDINJ FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Cf Q 9._. city of Denton City council minutes August 4r 1992 Page 15 Smith seconded to adopt~thel=or~hewn°aye" On Perry Perry motioned, Smith aye , vote, Brock "aye", Miller "aye", "aye", and Mayor Castleberry "aye"- Motion carried unanimously. lic hearing and considered adoption C. The council held a pub zoned mit No. 201 on property ecific Use per of zoned Light a Indu trial gforr the purpose of expanding e the detention Denton county jail Facility b constructing four dormitory and by .9'1 acres and was located housing units. The property contained 21 a roximately 350 feet south of The planning and Zoning commission recommended on the westroete Woodrow Lane, pP Z_92„016 McKinney at its July 22, 1992 meeting.) approval, 4-1, stated that ,I Robbins, Executive Director for Planning, for the permanent lJ the Frank permits would be issued shortly did not apply building The Development Plan policy facility. „ to this case. analysis but the "rule of reasonableness did apply The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: No. 92-125 TEXAS, AMENDING A SPECIFIC AN ORDINANCE OF THE CITY OF DENTON, 9,EXA5, ON 21.97 ACRES 0 ON THE WESTY SIDE OFOWO~ODROW LANE, APPROXIMATELY USE PERMIT FOR PENALTY IN LAND LOCATED PROVIDING FOR A 350 FEET SOUTH OF 14CKINNEY STREET; THE MAXIMUM AMOUNT OF $2 000.00 FOR VIOLATIONS THEREOF; AND , PROVIDING FOR AN EFFECTIVE to adopt the ordinance. On roll , Perry seconded 11 „aYen, Smith „ay'", Chew aa e++ Perry Miller motioned, Miller „ Motion carried unanimously. vote, Brock "aye , 'lay +'aye", and Mayor Castleberry e 4• Consent Agenda seconded to approve the Consent Agenda as Smith motioned, Perry Brock "aye", Miller "aye" I ell Motion presented. On roll,vo e°~ and mayor Castleberry Chew ''aye", perry ay , carried unanimously- i~ City of Denton City Council Minutes August 4, 1992 Page 16 A. Bids and Purchase Orders: 1. P.O. #23767 - Alan Nelson Architect 5. ordinances A. The council considered adoption of an ordinance authorizing the City Manager to execute an agreement hiring Alan Nelson Architects for professional consulting services in connection with listed buile..ing maintenance and construction projects. (4.A.1. - P.O. #23767) The following ordinance was considered: No. 92-126 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT HIRING ALAN NELSON ARCHITECTS FOR PROFESFaIONAL CONSULTING SERVICES IN CONNECTION WITH LISTED BUILDING MAINTENANCE AND CONSTRUCTION PROJECTS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry ' "aye", and Mayor Castleberry "aye". Motion carried unanimously. Item #9 was considered. 9. The Council considered a request from the North Texas State Fair Association to allow the use of loudspeakers, amplifiers and musical instruments August 24 through August 27, 1992 until 11,00 p.m.; on Friday, August 21 and August 28, 1992 until 12 midnight; on Saturday, August 22 and 29, 19032 until 12 midnight; on Sunday, August 23 from 1:00 p.m. to 11:00 p.m.; and on Sunday, August 30 from 8:00 a.m. to 4.00 p.m. for the purpose of the North Texas State Fair and Rodeo. Mayor Castleberry indicated that there were speaker cards from individuals who did not wish to speak. There were two cards in opposition and five in favor of the request. Gene Truss spoke in opposition to the request. He had lived near the Fairgrounds for 16 years. A petition of 250 signatures had been presented to Council in April regarding the Fairgrounds which had expressed the widespread concern the neighbors had about numerous nuisances associated with events as the Fairgrounds. Since that time, the neighbors had formed the North Denton Center City of Denton City Council Minutes / 74 August 4, 1992 Page 17 Neighborhood Association. The Association had adopted the COPS program and had meetings relative to security in the neighborhood. They were requesting that the Council not grant the variance. The neighbors were riot in opposition to the concept of the fair or the rodeo but rather the nuisance it presented. Denton had grown since the early days of the facility and the facility was now too small to handle the large crowds. There were problems of traffic, noise, parking, obscene behavior and other related events. Litter was a problem and there was a noise problem even after the facility closed with people leaving the area. _ Mayor Castleberry asked for staff presentation. Catherine Tuck, Administrative Assistant, stated that the request was for an exemption of the noise ordinance tor the time period after 10 p.m. and the use of loudspeakers on Sunday. The exemption was requested so that the Fair would continue operation and so that a noise complaint would not result in a citation. The Police Department received complaints in the area during events and without an exemption, the Fair would receive a citation. Council Member Smith asked what were the hours of the Fair in the past. Tuck replied that the hours requested were the hours used in the past. Council Member Perry asked that Lt. Welborne's memo be read for the benefit of the audience who might not have the memo. Tuck read the memo which was included in the agenda back-up materials. Russell Trap stated that he was against the Fry Street Fair being held on the Fairgrounds due to the churches in the area and the Easter holiday. The Fair Association had never caused him a problem in all the years he had lived in the area. fie knew the Fairgrounds was in the location when he built his house in the area. The Association helped youth and charities and he was in favor of the Association's request. Dorothy Yarbrough stated that she knew the Fairgrounds was present when they bought their house but the loudspeakers were now unbearable and she could not go to church on Sunday due to all of i the traffic in the area. The parking was very bad and came all the ~ way down to her house which wa, three blocks from the Fairgrounds. The noise took at least an hour to settle after the grounds closed. ~yy 7 City of Denton City Council Minutes August 4, 1992 Page 18 Laurence McClendon stated that if the variance was not granted, then the city should enforce the noise at the football games at the High School and the University of North Texas, There was noise from the entertainment and not just from bands. Carol Ganzer spoke in favor of the request. The Fair brought in money for the City through increased participation of its citizens and increased hotel/motel occupancy. Parking was a problem and perhaps no parking signs could be placed on Carroll Blvd. to help with the parking in the area, Burl Bourland spoke in favor of the request. There would be a large amount of animals shown at the Fair. He read the criteria which the youth must meet in order to show their animals at the Fair. With the amount of animals which had to be shown, there was I' no way those animals could be shown in the day time. Council Member Perry asked about the excessive heat for the animals. Might it be easier on the animals to hold the event later in the fall. Bourland replied that the current time was better suited for the Fair as the children were not in school at this time of the year. There would still be a time factor involved with the amount of animals which had to be shown. Stephanie McKnight stated that she was a member of the North Texas State Fairgrounders. Her group carried the flags and set the pivots for the grand entries at the rodeo. She asked the Council to grant the variance. Jerry Burger stated that some of the problems in the neighborhood might be due to the cook-offs held on the grounds. Those tended to run later at night. The bands played for entertainment but were not all night. Some of the money raised went to charities and if the hours were not allowed, the money could not be raised. Bob Powers stated that this would be the 44th year the Fair would be held at this location. Many civic organizations participated in the Fair as fund raisers for their groups. He detailed the events held at the Fair. In order for the Fair to be a success, the hours requested must be granted. The funds generated by the Fair helped update the Fair and ronew the grounds. He asked the Council to grant the variance r.=quost. Council Member chew asked if t"is was the first time a variance had been requested, City of Denton City Council Minutes August 4, 1992 Page 18 Laurence McClendon stated that if the variance was not granted, then the city should enforce the noise at the football games at the High School and the University of North Texas. There was noise from the entertainment and not just from bands. Carol Ganzer spoke in favor of the request. The Fair brought in money for the City through increased participation of Its citizens and increased hotel/motel occupancy, Parking was a problem and perhaps no parking signs could be placed on Carroll Blvd, to help with the parking in the area. Burl Bourland spoke in favor of the request. There would be a large amount of animals shown at the Fair. He read the criteria which the youth must meet in order to show their animals at the Fair. With the amount of animals which had to be :shown, there was no way those animals could be shown in the day time. Council Member Perry asked about the excessive heat for the animals. Might it be easier on the animals to hold the event later in the fall. Bourland replied that the current time was better suited for the Fair as the children were not in school at this time of the year. There would still be a time factor involved with the amount of animals which had to be shown. Stephanie McKnight stated that she was a member of the North Texas State Fairgrounders. Her group carried the flags and set the pivots for the grand entries at the rodeo. She asked the Council to grant the variance. Jerry Burger stated that some cif the problems in the neighborhood might be due to the cook-offs held on the grounds. Those tended to run later at night. The bands played for entertainment but were not all night. Some of the money rained went to charities and if the hours were not allowed, the money could not be raised. Bob Powers stated that this would be the 44th year the Fair would be held at this location. Many civic organizations participated in the Fair as fund raisers for their groups. Fie detailed the events held at the Fair. in order for the Fair to be a success, the hours requested must be granted, The funds generated by the Fair helped update the Fair and renew the grounds, He asked the Council to grant the variance request. Council Member chew asked if this was the first time a variance had been requested. I • r rlo 9a - 0~9._. City of Denton city council Minutes August 4, 1992 Page 19 Powers stated this was the first time for the request as the Fair had not been aware of the ordinance in prior years. Council Member Smith asked if the Fair had started at 8:00 a.m. on Sunday in the past. Powers replied that a goat show was or Sunday morning. Council Member Perry asked if there was any imposition on the neighbors by the Fair. + Powers replied that he was not aware of any during the Fair itself. The Fair tried to keep the area as clean as possible. He had never had any complaints duriag the Fair itself. The Fair was primarily a family affair. Council Member Perry asked if he had been aware of the problems associated with the Fair.. Powers replied no. Council Member Perry asked if after being made aware of the problems, had the Fair attempted to meet with the neighbors regarding those problems. Powers replied no that he was not aware of any problems. He had attended the neighborhood meeting but it dealt with the crime in the area. Council Member Perry asked Powers if he was aware of the noise ordinance. Powers replied no he had never been aware of any noise ordinance. Council Member Brock asked if the exhibits would be open at 8:00 a.m. or would there br. any use of loudspeakers on Sunday. Powers stated no that the Fair closed officially at twelve p.m. on Saturday night except for the goat show. Council- Member Brock asked approximately what percentage of the crowd would be present for the goat show. Powers replied that only approximately 1% of the people at the Fair on Saturday would be present on Sunday. Council Member Miller asked if there were items which could be done this year to help with the noise this year. T ; ___.~-/x"•.9.2. City of Denton city council Minutes August 4, 1992 Page 20 n night and to clear the area quickerSe after the Fair Powers closed each replied Mayor Castleberry asked how many events the Fair had on the grounds each year. Powers replied that there was an event at the Fair almost every weekend of the year. r~ Mayon Castleberry asked if the Fairgrounds were a draw for people r~~ out of the City. Powers replied that it was a large draw for people outside the city. hadnailease Member Perr asked if some of with the Fair t such atcarnivathe Powers replied that the facility was leased for many of the events. i Council Member Perry stated that some of the merchants in the area had problems with the Fair as their parking was taken away during the Fair. Powers stated that they had talked with some of the merchants in the area and they decided that the Fair helped with their business. Bobby Jones stated that he had objected to the Fair in the past and the Fair had complied with his complaints. He asked the Council to approve the variance and give the Fair a chance to work out the problems. He felt compromise was in order. Burl Nuckles stated that he was in opposition to the variance as was previously stated. He felt that there might be some room for compromise in the request. The machinery noise was tremendous and that was source of the s most s noiselosing the rlier possibly as this worse was a the the music. He Midway ea Dave Ham stated there were a lot of citizen complaints regarding the Fair and the ordinance should be enforced. It should be enforced by the Fair itself. Mayor Castleberry stated that if the ordinance was enforced as it was written, one phone complaint about a high school ball game past wa3 true o game0or.anycother event.ia That needed to be kept infmindniversity 9 1 City of Denton City Council Minutes August 4, 1992 c"/ d-~l L~14 Page 21 CouVuil Member Chew stated that he would like the Fair Association and Neighborhood Association work. out a compromise and suggested tabling the item. Powers indicated that the problem was that contracts had been signed before the Fair was aware of the ordinance, council Member Perry asked if the problem was with the amplified music. Powers stated that they had vendors they had signed a contract with and the contract indicated hours of operation. If the variance was not granted, those contracts could not be honored. Council Member Chew stated that if the Fair talked with the neighbors, the hours might be able to be worked out. Powers replied that the Fair needed to know the results of the variance so that they could proceed with the planning of the Fair. Council Member Smith stated that she understood the position of the neighborhood very well.. She was impressed with the farmation of the neighborhood association. The problem did not begin overnight and it would take a long time to resolve. She felt it was too late to begin working on this problem at this time. She felt communication and working together was the key, Council Member Miller fell that the Fair had operated in good faith for 44 years. He felt that the Fair previously had not known that they were in violation of a city ordinance. The Fair was not just a taker from the community, it was a giver as well. This issue needed to be looked at for the future. He felt the action of the Council with the Fry street Fair situation had aggravated the situation. Council Member Perry stated that the nuisance aspect of the Fair was an old problem and certainly was not new. The Fair was aware of the problems and he had not heard of any effort on the part of the Fair to help solve those problems. Powers stated that for the past ten years he had worked at the Fair and except for one year, he had not received any complaints at the Fair office. Mayor Castleberry felt that it was too late to deny the variance at this point in time. He knew that the Fair Association Board was interested in working with the neighborhood. He would be happy to attend the neighborhood meeting to help facilitate the problems in L City of Denton City Council Minutes August 4, 1992 Page 22 the area. Council Member Brock pointed out that she was a member of the Blue Ribbon committee which supported the Fair. The Fair had grown during the years. There were problems which needed to be solved but which could not be solved tonight. She moved to grant the variance until midnight on Friday and Saturday, until 4:00 p.m. on Sunday and until 10:00 p.m. during the week. Council Member Chew seconded the motion. Debra Drayovitch, City Attorney, stated that there had been discussion regarding the discovery and enforcement of ordinance. r It was not a violation to operate a loudspeaker during the I prohibited hours. It would give it credence if the operatann of such an amplifier or loudspeaker system would offend, annoy or disturb persons of ordinary sensibilities in the immediate vicinity. Council Member Miller stated that he would vote against the motion as it set a precedent r)f 10:00 p.m. The ordinance already set the limit at 10:00 p.m. Council Member Smith asked for a review of the motion and second. Council Member Brock reviewed her motion. Council Member Smith asked Powers if he had contracts which would extend into those hours. s Powers stated that they had commercial vendors contracted past those house along with the rodeo. The Council voted on Brock's mot-on. On roll vote, Brock "aye", Miller "nay", Smith "nay", Chew "aye", Perry llaye", and Mayor Castleberry "nay". Motion failed with a tie vote. Miller motioned, Smith seconded to grant the variance as requested. on roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4- 2 vote. Item 6.B, was considered. 6. Resolutions B. The Council considered approval of a resolution temporarily closing the 100 block of West Oak, North Elm, West Hickory and North Locust streets from 6:00 a.m. - 6:00 p.m. on 1 pp~ I r JtL. ,lO g I D C q T I N D R I YE ` E:•; eounPorr a c ; C A I ' ~.0 ; • C/212 Fq ; le' UE n n ' IINCU OU V UE BY 672/7$ ORI j n , V DUE N 00623'08" E I ; ; i , ;a " 247.90' i.N 01'37';30" E-'6 ~ 328o:31' I A] - --r ~ ~ - J 89030'38" W 115.00' aoa _ o 12' -+y ioo, i~ 131, fai i 00*29' 22" W 59,00' 18 11y 2.e0' o k N E R s i 89 30 38 E 102.71' h I I I +I 25,E L-35,~ , 20 71 184.80` ,~v0oo: ~42s~ 8 1 V J 02'08' 30" W r; PIN OAK ASSOCIATES INC. 1154 804TOAKS DRIVE J 02'08' 30" W 190.49' I °e'~1• -1 ~,II- -T-+ ~o~ z~~ I _ d,1~, F \ IdI,7e' l0 :00' M,76 X09 I DENTON, TEXAS J 83'33' 55" E 100.42' IL-35.830 L-43,62'-Iooe L-55.321 . (817) 383-8063 d 02'08' 30" W 39.86' IgL-N.ee~ _N oo`2e'220 E aoo,o1_ . lo'~ al ' " 91 63' 29 22" W~8.62' i - - - r ie, xiel uF • R, eeurM EDMOND S, BRIGHT RT 131 BOX 136-8 L1 N 8903C 1 - DENTON, TEXAS L2 S 00'25 18111 497-2568 1k I L3 S 89.30 • ~ iii ~ it;'-'~;...,,.. a!. L4 N 02'06 WILLIAM Jo SIMS, Jr, L9 N 02406 Wflijilin 3200 TOWER RIDGE L6 N 83'33 DENTONt TEXAS L7 N 02008 (817) 497-5301 L8 S 63' 29 BOUT" . L9 N 87'51 L10 N 02.08 L11 N 02'08 x ape t L12 N 87'51 L13 N 63'29 i LOCATION MAP J•ti FL OWN AIN INFORMA NO PART OF THIS TRACT APPEARS TC AN AREA DESIGNATED AS A FLOOD H ACCORDING TO THE NATIONAL FLOOD i INFORMATION IS THE SAME AS SHOWN PROGRAM FLOOD INSURANCE RATE MA CITY OF DENTONt DENTON COUNTY IUS PRELIMINARY REPLATs 1ZES, AND FLOWLINE OF EXISTING COMMUNITY-PANEL. NUMBER 480194 'RUCTURES DATED AUGUST 41 1987. UTILITIES ON THE TRACT SHOWN ON CONTOUR LINES AT 2 FOOT INTERVALS THIS FLOW STATEMENT DOES NOT IMPLY OR s { SHALL NOT BE CONSTRUED TO IMPLY OR CERT R ID SIZE OF WATER AND SANITARY SEWER MAINS PROPERTY AND/OR STRUCTURES SHOWN HE] -It ID DIMENSION OF EXISTING AND PROPOSED STRUCTURES ERECTED AT ANY TIME AFTER THE ~ L SURVEY, WILL BE FREE OF FLOOOIN6 OR FLI MMMEdL MAJOR CHANGES IN TOPOGRAPHY PROPOSED. 6REATER FLOODS CAN OR WAY OCCUR AND FLI THE LOT IS RESPONSIBLE FOR THE COST OF MAY BE INCREASED OR DECREASED BY MAN NATURAL (ACTS OF 6001 CAUSES ECTRIC FACILITIES AND SERVICE PEDISTALS• ONSISTS OF 39 SINGLE FAMILY RESIDENTIAL LOTS, . 1 S Cl R - 85 6 - 52' L - 77 Y r ~ Ch to S 1 C2 R ■ 358 A - 27 `1 L - 168, CH ■S ; y t XIST_ING PD-65 LOTS NOT INCLUDED IN THIS RNPLAT 1 R~ Oakhurst Street, Denton 28A 'at Street, Denton 280 Box 136-B, Denton 37 C3 19'13'51 MINIMUM C4 90'00'0, ake Drive, Denton 9A : 1 Elm, Denton 9B, 29Aj 298, 49A, 49B N CRY/ E C5 38'11'31 dpips Street, nento;i 46A_ 46A CS 45'501 4S'30'12' 30,00' 40,00' tot 6A Pnillipe, Harry C., 1148 Bentonks Bentoaks Drive, Denton 10A, i j - - - 24422106' 370,50' 156,40, 89,97' L4 I P[n Oak Meociatee Inc,, 1154 Ban C7 24'22' 01 - Prenevaet, Bffie M., 1142 eentoak 1154 Bentoaks Drive, Denton 8A, 88 C6 07'45'0; 07048'03' 333,23' 45,16' L5r J 241 40 :e' OE 6Y A,M,W, PLAT- Ramey, Labane W,, 1144 Bentoaks D. Bentoaks Urive, Denton l1B Co 19'13'5' 19013157' 333, 23' 111.66' ~ _ li3,a2~ ntoaks Drive, Denton 11A C10 02'30'5. 02'30 1/0,it Rodgers, Charlene, 101 Mohawk Cov '51' 356,23' 15.72' 127886 10% 97' hawk Cove, Lake Kiowa 44A, 448 f~, Rupp, Betty, 1129 Bentoake Drive, e Drive, Denton 43A, 438 ' ~D f 1 u ,i. ~ti i O Sims, William J., Jr., 3200 Tower DO Tower Ridge, Denton 1 s J~ ` v1 +T[ ~1 ^ Smith, Jack, 1145 eentoake Drive, s Drive, Denton 10B GRAPHIC SCALE IN FEET 0 25 50 100 170 200 250 300 3S4 401 0 10 20 30 40 50 60 70 80 90 1 GRAPHIC SCALE IN METERS 4-f 0 f-N D k FIP - Found 1/2" Rebar . ~ e- METROPLEX ENGINEERING CONSULTANTS _ ENGINEER.2rNG PLANNING SUR VE YING MON - Monument ROW - Right-of-Way 501 SOUTH CARROLL BOULEVARD SUITE 0 DENTON, TEXAS 76201 SIP - Set 1/2" Rebar 18171363-1416 DALLAS 219-7948 FORT WORTH 329-3834 -X- - Fence Line t IELIMINARY REPLAT - FOR REVIEW ONLY -E- - Electric Line ••T- - Telephone Line BENTOAKS MH - Manhole LOTS 2-7, 12-27, 4 30-36 BLOCK ONLE PP - Power Pole 'TS 38-42, 45, 47p 48, 50, $ 51 BLOCK TWO LP - Light Pole 1 FH - Fire Hydraoit s A REPLAT OF LOTS 2A-78, 12A-278, AND 30A-368, BLOCK ONE, -r1 _OTS 38A--428, 45A, 4581 47A-488, AND 5OA-510, BLOCK TWO - Center Line B.L,- Building Line AS SHOWN ON THE PLAT THEREOF RECORDED IN IET '0•, SLIDE 276, PLAT RECORDS OF DENTON COUNTY, TEXAS U6E.- Utility Easmt, O.E.-- Drainage Easmt, ND BEING 12s6371 ACRES OF LAND OUT OF THE POULLALIER SURVEY, ABSTRACT NUMBER 1006 C.E.- Communications Easmt. D,U,E. - Drainage ( Utility Easmt. CITY OF DENTON, DENTON COUNTY, TEXAS P.A*Eo - Private Access Easmt. 11A T97 _ inn Kin PAUE - Private Access I Utility Easmt, PAOUE - Private Access Drains a UtiIit A i t t . f 1 s r 'r V i ' - rr 1 X ti r i ~ _ Y Lt_ pp~ r 3.256 ACRES IN ROADS (UNCHANGED) 1 0.457 ACRES IN GREEN AREA J 6.7 DU/AC ` 0.148 ACRES IN ZERO LOT ~_INE (UNCHANGED) 5 OU 6.7 J 8.4 DU/AC 1 ti yet I 1.669 ACRES IN SF-ATTACHED (UNCHANGED) i4 DU 8.4 J 4.2 DU/AC 9.141 ACRES IN SF-DETACHED 31 OU 4.2 a, cc 1 I 15.271 ACRES TOTAL 57 pU 3.7 9.751 ACRES CHANGING P~EVIOUSLY: 95 DU 6.2 i L ~ I 100 130.0' 100.0' 50.0' ro \ \~oa LOT 21 R J r r b4t j I io \ \ ( LOT 22 LOT 1 I LOT 20 I L I / I I zr of 1 I I I - i --T- - - ~ i 1 115, UE 0.y V95 z H ) 81.54 OAS uory I L 4,?.u I y I I a I I I I 5 I ) a ~a ~2r 25at I I 1- ? LOT 19 -lt_rP1 I , Emu I ,u I I I° ° 6 98.53' nl - I ° I LOT 45 t _ MEMEMI 1 - - - - I _ NET-- .Ar 1 I 6' 8L ) 1 1 ~ fl~ j I X19 I°o LOT 18 i r--~ 1 - r Y _s I I I ~ 19 - I It 99.52 ~i I 1 \ 1 t L a- J 1 ~ 1 ~ 1♦ r I r ~I I°o LOT 17 I I S t ~1 I ❑ has_zs , - ' U~ I r ` In ir. LOT 16 / r i I~ a 1 t LOT 13 Lul le- LOT 15 " L OT 14 LOT I~ 134. 7' J --II---- 332.9 - --4•r.. l 1~'1s`1S ALLEY 300.0 100,0' - - - - a__-- - - 7°-°- =--I20_ _ 100,0 10( 1 r.~ x J ffffl ~~?gyp POOL BUILDING SETBACK LINES IN SF-OETACHEO AREASs FRCNTs 25' RFAR+ 10' G 6 '1A N rv YVED FL OODPL AIN INFORMA TION NO'PART OF THIS TRACT APPEARS TO BE WITH!N GRAPHIC SCALE IN fi c! ~ 21 1992 AN AREA DESIGNATED AS A FLOOD HAZARD AREA 0 20 5o 75 100 _ ACCORDING TO THE NATIONAL FLOOD INSURANCE cimzwjmmmmd-- - 17' OAPUE FUTURE PROGRAM FLOOD INSURANCE RATE MAP FOR THE - C'.U&fQUSE PLANNING L OEVELOPMENT' CITY OF DENTON, DENTON COUNTY TEXAS 0 5 10 20 JO 1 DEPARTMENT COMMUNITY-PANEL NUMBER 480194-00200, GRAPHIC SCALE IN N DATED AUGUST 4, 1987. i =NEWS f t 1 F THIS FLOOD STATEMENT DOES NOT IMPLY OR CERTIFY AND "LL NOT BE CONSTRUED TO IMPLY OR CEATIFY THAT THE PROPERTY AND/OR S7P4JCTUPES SHOWN HEREON, OR STRUCTURES ERECTED AT ANY TIME AFTER THE DATE OF THIS SLF1'EY, WILL BE FREE OF FLOODING OA FLOW DAMAGE. EREA7EA FLOODS CAN OR MAY OCCUR AND FLOOD HEI6HTS 91 OCk OI IE MAY BE INCAEASED OR OECAEASED BY MAN-MADE OA ,49EA METROPLEX ENGINEERING CONSULTANTS NATURAL (ACTS OF 6001 CAUSES. LL~ ENGINF ERI,VG PLANNING * 5UR VE YING 1 501 SOUTH CARROLL BOULEVARD SUITE 0 DENTON, TEXAS 76201 18171383-1416 DALLAS 219-7948 FORT WORTH 329-3634 D E T A I L P L A N r . HENTOAKS f AMENDMENT TO PO-65 3t ~ , BEING 15.271 ACRES IN THE C, POULLALIER SURVEY, ABSTRACT NUMBER 1006 r CI t Y Of DENTON, DENTON COUNTY, TEXA3 kOLf SCALE CWTE JOE3 NO. i~ s N " ICHECKEO: oF~wN' 1 50' 20 AUG 92 92011 - r na t a: ~ r . ry r _ y . City of Denton City Council Minutes 3 at August 4, 1992 Page 23 Saturday, September 19, 1992 for "County Seat Saturday". Jane Biles, Main Street Coordinator, stated that this was an annual event for County Seat Saturday. There were three merchants who opposed the closing of the street and in all the cases, the businesses had access to their buildings from the rear.. The following resolution was considered: No. R92-042 A RESOLUTION TEMPORARILY CLOSING THE 100 BLOCK OF NORTH ELM STREET, 100 BLOCK OF WEST OAK STREET, 100 BLOCK OF NORTH LOCUST STREET AND 100 BLOCK OF WEST HICKORY STREET ON SEPTEMBER 19, 1992; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to the regular agenda order, B. The Council considered adoption of an ordinance approving the retainer of the law firm of Henderson Bryant & Wolfe to represent the City in pending litigation styled Paul Iwuchukwu v. City of Den_to~. The following ordinance was considered: No. 92-127 AN ORDINANCE OF THE CITY OF DENTON APPROVING THE RETAINER OF THE LAWFIRM OF HENDERSON BRYANT AND WOLFE TO REPRESENT THE CITY IN PENDING LITIGATION STYLED 1,AUL IWUCHUKWU V. Pin OF DE TON; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, C. The Council considered adoption of an ordinance approving settl9ment and release in Winterrowd v. Casteel, et al. The following ordinance was considered: ~Ww n City of Denton City Council Minutes August 41 1992 Page 24 No. 92-128 ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A ' SETTLEMENT IN THE MATTER OF WINTERROWD V. CASTEEL, ET AL; AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. i D. The Council considered adoption of an ordinance amending I Chapter 27 of the Code of Ordinances by the addition of Article V thereto establishing an Emergency Medical Subscription Service; providing for procedures and authorizing charges therefore; and establishing membership fees. John Cook, Fire Chief, stated that this was a budget issue in the current budget year. It was a type of insurance policy for ambulance service which would allow an individual through his utility bill to pay a fee of $36 per year at the rate of $3 per month in order to buy an insurance policy for ambulance service. If an individual were a subscriber, that would be the only bill he or a member of his family would receive for ambulance service for the entire year. Council Member Brock asked that if she subscribed and paid the fee, would city employees make claims directly to her insurance company. Cook replied yes that the ordinance would allow the City to direct bill the insurance company, The individual would not receive any additional bill. Council Member Perry asked how this applied to Medicare and Medicaid. Cook replied that the City currently did not accept Medicare and Medicaid assignments. It would apply to someone who was on Medicare and had paid the fee, There would be no additional bill for any 41.ndividual who paid the fee. Council Member Brock if the fee was per person. Cook replied that it was per household but for a retirement home, it would be per individual. Rick Svehla, Deputy City Manager, stated that there was a blank for the effective date which would be September 1, 1992. i ~yy 9 aG 'Al City of Denton City Council Minutes August 4, 1992 Page 25 The following ordinance was considered: No, 92-129 AN ORDINANCE OF THE CITY OF DENTON AMENDING CHAPTER 27 OF THE CODE OF ORDINANCE BY THE ADDITION OF ARTICLE V THERETO ESTABLISHING AN EMERGENCY MEDICAL SUBSCRIPTION SERVICE; PROVIDING FOR PROCEDURES AND AUTHORIZING CHARGES THEREFORE; ESTABLISHING MEMBERSHIP FEES; AND PROVIDING FOR EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance with an effective date of. September 1, 1992. On roll vote, ~~Brock a d}'Mayor Miller "aye", Smith "aye", Chew aye , Perry "aye", Castleberry "aye". Motion carried unanimously. E. The Council, considered adoption of an ordinance contracting with an auditing firm for the City of Denton for the year ending September 30, 1992. John McGrane, Executive Director for Finance, stated that requests for proposals had been sent out with eight its Committee ses, The The three candidates were reviewed by the Aud. wasrnotfto Deloitte and Douche be Committee retained recommended The following ordinance was considered: No. 92-130 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE TO PROVIDE AUDITING 30f 1992; R AND AUDITORS PRVIDE AN R EFFTHE ECTIVE FISCAL DATE. ENDING SEPTEMBER l~the~lor ordinance. onProll Brock motioned, Perry seconded to adopt vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance naming a public park. (The Parks and Recreation Board recommended approval.) Janet Simpson, Park Planner, stated that on June 15, 1992 the Parks and Recreation Board selected a committee which .,,as responsible for recommending a name for the new park. The Committee chase to Parks and Recreion submit th top two names for and Southern TrailstPark,Boahe conside anion which were South Lake the 7 1 City of Denton City Council Minutes August 4, 1992 a Page 26 Park Board recommended to forward the two names to the Council for consideration. Tom Judd, Chair of the Committee, felt that the two names were close as far as voting from the Committee. Three of the members were in support of Southern Trails rather than South Park. Mayor Castleberry stated that the Committee had suggested South Lakes and not South Lake. The following ordinance was considered: No. 92-131 AN ORDINANCE NAMING A PUBLIC PARK) AND DECLARING AN EFFECTIVE DATE. Perry motioned, Smith seconded to name the park South Lakes Park. Council Member Miller stated that the City had applied for a grant which showed lakes. If the grant were not received, would the strategy be to develop the lake rather than the trails, Simpson replied that the lakes were a critical part of the design. If there were no grant, she would guess that the trails would be built first rather than the lakes. Council Member Miller stated if there were no grant, would the priority be trails without regard to the name or would, as the name was Lakes, the priority be lakes over trails. Council Member chew stated that the priority would be the trails if there were no grant no matter what the name was. Mayor Castleberry stated that there might be the possibility that Acme brick might want the clay from the area. Simpson indicated that staff was talking with Acme Brick and hoped that some agreement might be worked out that in exchange for the clay in the area, Acme Brick would do the excavation of the lakes. Council Member Brock indicated that she did not see this park as a southern extension of North Lakes Park. She Celt it was important to make it a distinctive name over North Lakes and was in favor of Southern Trails. On roll vote, Brock "nay", Miller "a.y3", Smith "aye", chew "aye", Perry "ayes", and Mayor Castleberry "aye". Motion carried with a 5-- 1 vote. '9W I City of Denton City Council Minutes August 4, 1992 Page 27 6. Resolutions A. The Council consider approval of a resolution appointing Tom Harpool to the Board of Directors of the Texas Municipal Power i Agency. Rick Svehla, Deputy City Manager, stated that this was a routine resolution needed after the Council had appointed a member to the Texas Municipal Power Agency. The following resolution was considered: No. R92-041 I A RESOLUTION APPOINTING TOM HARPOOL TO THE BOARD OF DIRECTORS OF THE TEXAS MUNICIPAL POWER AGENCY; AND DECLARING AN EFFECTIVE DATE. I~On roll ' Chew motioned Brock seconded to approve the resolution. vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. Item B. was considered earlier in the meeting. C. The Council considered a resolution regarding the 1992-93 budget of the Denton Central Appraisal District. John McGrane, Executive Director for Finance, stated that there was a request from the Denton County Judge regarding input on the District's budget. The primary concern was the 3* increase for employees and the addition of a new position. If the majority of the entities disapproved the District's budget, it would have to submit a new budget. The following resolution was considered: No. 892.043 A RESOLUTION OF THE CITY OF DENTON, TEXAS DISAPPROVING THE 1992-93 BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFECTIVE DATE. Council Member Chew stated that he had a lot of problems with the budget due to the fact that City employees would not be receiving any increase. Ile motioned, Miller seconded to disapprove the budget. 1 y /mar-. ~.Z City of Denton city council minutes August 4, 1992 Page 28 Mayor Castleberry indicated that David Biles w.ishad to address this item. Mr. Biles stated that the DISD had disapproved the proposed budget as had several other entities. They all had the same concerns as He whatthiwas wamerit the the new position. concern raise Council as Mwell ras Chew. time to add a new position. He urged the Council to disapprove the budget. On roll vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a presentation and held a discussion regarding affirmative action hiring for certain classes of city employees and gave staff direction. eligibility alistquesting Rick onlas to Deputy whether City to hire from the that staff directi Tom Klinck, Director of Human Resources, stated that Human Resources, Police and Fire Departments h coordinated r chruitiing activities at universities with populations predominately protected class. Fifteen colleges and universities had been visited whose populations were predominately noproteCted along with other special efforts including a exposition, Cinco de Mayo, Hispanic and African-American litho spots. Other special efforts included the university jb MLK Recreation Center special recruiting night, recruiting display and brochure and orientation and study tutorial to help with the civil service exam. Results of those activities indicated that 711 people expressed interest from the university visits and 531 were protected class. The minority job expo received 141 contacts and 5 applications from Cinco de Mayo. As provided by the SttaatteiCivil Service Law, the Civil Service Commission approved 1992. the date, time and location of the examination for June 6, There were 240 individuals who tools the recent exam with 223 individuals passing the exam of which 31 were protected class. There had been an increased number of protected class individuals who took the examination and passed the examination since 1989. The City of Denton's police and fire departments were a closed at the system due to civil service law. That Individual esentedentoneered of the lowest level or at the top. difficulties in the selection process, Positions were only filled from an eligibility list which was created by exam. The who examination hadto be open, Thecompetitive gooddfor free to 6 months tooaeyear made proper application, t~ 1 9 l.ids- 9~2, City of Donton city council minutes ~y August 4, 1992 Page 29 as determined by the Civil Service Commission. In the past some lists had been for a period of six months for the Fire Department but more recently the list had been for a year due to the low turnover in the departments. The exam had to be given and graded in the presence of all exam takers which required the use of a scanner device to grade the exams. The exams were graded on a 100 point basis with 70 as passing. Active military service of at least 6 months granted an additional 5 points on the exam. The Civil service Commission approved the eligibility list and approved any tie breaking procedures. once the eligibility list was established, the Civil Service Director certified the three persons with the highest grade to the Chief Executive, the City Manager, who appointed the person with highest grade unlens there was a valid reason not to do so, Klinck presented a summary of the June 61 1992 exam. Position 1 was a caucasian male who scored 100 points, position 2 was a caucasian male with a score of 99, position 3 had two people tied with a 97, people tied, position 5 had six people tied' position 4 had five people tied and position 7 had twenty two position 6 had nine protected class people in that position, The people Rights 1Acttof 1991 stated that it was unlawful to adjust the scores of, use ' different cut offs scores for, or otherwise alter the results of employment related tests on the basis of race, color, religion, sex or national origin. It was also unlawful when race, color, religion, sex, or national origin was a motivating factor for any employment practice. Thus to bypass other than the higher ranked applicants for the sole purpose of placing a protected class individual in the Fire Department was clearly an unlawful practice. Klinck presented options and consequences for the Council to consider. (1) Invalidate the current list and give another exam. This would require a valid reason to pass over all the people on the list. Because the civil Service Commission set the date, time and location for exam, there ir,lght be an opportunity to hold an examination at a protected class university. There would be no guarantee that a protected class would pass any of the other qualifications, (2) Pass over the individuals on the eligibility list and hire a protected class. The Civil Rights Act of 1991 clearly indicated that this would be an unlawful practice and was also an unlawful practice in the state law. There would still be no guarantee that the highest ranked protected class individual would pass all portions of the selection process such as the physical ability test, medical examination and background check. (3) Allow the current eligibility list to expire but this would not allow the staffing of the new fire station and again there would be no guarantee that a protected class individual would meet all the requirements. (4) Hire according to state Civil Service Law. (5) Hire only a few from the current list and then allow the current list to expire. (6) create a different eligibility list nyy l City of Denton City Council Minutes August 4, 1992 Page 30 and rotate hiring from each list. This was clearly a violation of the Stnte Civil Service Law and the Civil Rights Act as well. As an organization, he believed the City of Denton had made a significant and an effective outreach effort with a strong results in terms of recruitment. Council Member chew stated that the Civil Rights Act of 1991 did not do any good in hiring minorities. The only way to challenge the act would be through a lawsuit. John Cook, Fire chief, stated that the other alternative of filing I a lawsuit would not be any positive effect on the law. The 1 entrance and promotion exams were strictly written exams. It was very difficult to get any changes to the civil service law. Council Member Brock asked about the tutorial session. Cook replied that it was given at the Service Center. Council Member Brock asked if any minorities attended that session. Klinck stated that several females had attended but no minorities as far as ethnicity. Cook stated that this was not a Denton only issue but a universal issue with those cities who had civil service. Council Member Brock felt that there needed to be protected classes involved in the tutorial and possibly had a radio spot which broadcasted primarily to protected classes. Council Member Miller stated that if 10-15% of the people taking the test were protected class, the probability was that the bulk of the people would not be in those classes. The City could spend lots of money to advertise for the test but the basic problem was not the tutorials and recruiting. Debra Drayovitch, city Attorney, stated that the city had two legal statutes which were perceived to be problems - the Civil Service statue and civil Rights Act of 1991. The City had been seeking information in the manner In which the Equal Employment opportunity Commission interpreted parts of the section. If an affirmative action plan had been adopted in accordance with the supreme Court requirement, the EEOC took the position that those were still legal and were not violative of the 1991 Civil Rights Act. she did not know if that had any effect on the City's current situation. tl r City of Denton city council minutes 1992 August 41 Page 31 Chew felt that the City's hands were tied unless Council Member someone filed a lawsuit. for the Ily the present time tYpvi1 way 1d be to Drayovitch stated that u and p City which would different to not violate statutory procedures have a the statues for Civil service. Ordered court requirements affirmative rmative action plan than the test which had had looked at statistical Council Member perry stated that he tent validity but other ha that withnthehtest and it did what con There was nothing differences, to do. " it was suppose a letter in the Denton Record- in the eligibility list council Member Brock referred to Chronicle and asked for a clarification felt statement. ery strictly structured. He retested Cook Yepli'e test was given, the percentile o there would timea thea law was v that every it the list were kept for a year, o further down the list but there would not be class had increased. be the tendency to g erformanc4a on the fob a correlation betwee terms in the Fire n test sc the anum erof a number replied about longer lists if large also The theory might work for Department. hired. of individuals were being City successful City Manager svehla ed h wouldfrtake the City council Deputy lement programs Direction was needed from a certain at ways to imp r the laws were followed, in hiring protected class. If egarding the current list. amount of names would be needed. er woul City Attorney d follow the Drayovitch stated toahimhnota~og Council directs the Civil Service Commission had law unless the council Member Miller asked if certified the list- Klinek replied ye8• en if the Council did council . b,r Miller asked what would Kapp not prov followed. direction. Klinck replied that the law would be ember Smith indicated that the Council had no choice but council M to follow ttie law. h City of Denton City Council Minutes 'j August 4, 1992 Page 31 Council Member Chew felt that the City's hands were tied unless someone filed a lawsuit. Drayovitch stated that at the present time the only way for the City to not violate statutory procedures and provision would be to have a court ordered affirmative action plan which would different than the requirements of the statues for Civil service. Council Member Perry stated that he had looked at test which had content validity but other than that did not have any statistical differences. There was nothing wrong with the test and it did what it was suppose to do. Council Member Brock referred to a letter in the Denton Record- chronicle and asked for a olar.ifirition in the eligibility list statement. Cook replied that the law was very strictly structured. He felt that every time the test was given, the percentile of protected class had increased. If the list were kept for a year, there would be the tendency to go further down the list but there would not be a correlation between test score and performance on the job. Klinck also replied about the number of terms in the Fire Department. The theory might work for longer lists if large number of individuals were being hired. u.. Deputy City Manager Svehla stated that staff would continue to look at ways to implement programs which would make the City successful in hiring protected class. Direction was needed from Council regarding the current list. If the laws were followed, a certain amount of names would be needed. City Attorney Drayovitch stated that the Manager would follow the law unless the Council directed to him not to. Council Member Miller asked if the Civil Service commission had certified the list. Klinck replied yes. Council Member Miller asked what would happen if the Council did not provide direction. Klinck replied that the law would be followed. Council Member Smith indicated that the Council had no choice but to follow the law. T City of Denton City Council Minutes y T August 41 1992 Page 32 Consensus of the Council was to follow the civil service laws. 3. The council considered a request to allow the Fred Douglas and Fr;ad Moore Alumni Association to sell lunches in Fred Moore Park on August 8, 1992. (The Parks and Recreation Board recommended approval.) Bob Tickner, Superintendent of Parks, stated that the recommendation of the Parks and Recreation Board was to grant permission to hold the fund raiser at the park. The date would be August 15 and not August 8. Chew motioned, Perry seconded to approve the request for August 15. On roll vote, Bandk "aye", "aye", Smi "ayeth ayMotioneWcarried Perry "aye", Yo y unanimously. 10. Submission of the effective tax rate and rollback tax rate. Harlan Jefferson, Director of Treasury, indicated that the Truth in Taxation Law required official submission of the rates. No action was required by Council. The effective tax rate was $.718 per $100 valuation, notice in hearing limit was $.7395, and the rollback rate was $.7547 per $100 valuation. 11. Submission of the certified collection rate. Harlan Jefferson stated that again in compliance with the Truth in Taxation Law the rate would be 100%. :mow 12. Miscellanoous matters from the City Manager. Rick svehla, Deputy City Manager indicated that he had no items for council. 13. New Business The following 'items of New Business were suggested by council Members for future agendas: A.,Council Member Miller suggested the council consider a request from the firefighters to collect funds for MD from city streets. He arcked for information on what other cities did and the possibility of an ordinance variance. r 1 f 0K02,_ City of Denton City Council Minutes August 4, 1992 Page 33 14. Executive Session The Council convened into Executive Session to matters, real estate, and personnel/board appo the Downtown appointments to the Animal Shelter Advisory Committee, Advisory Board, the Electrical Code Board, Library Board and the Planning and Zoning Commission.) The council convened in open session and took the following action: A. Perry motioned, Brock seconded to appoint Mike Cochran to the Planning and Zoning commission. on roll vote, Brock "aye", Miller "aye", Smith "aye,', Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOAA 1 1 9. y II City of Denton City Council Minutes August 4, 1992 D Page 33 - 14. Executive Session The Council convened into Executive Session to discuss legal matters, real estate, and personnel/board appointments (considered appointments to the Animal Shelter Advisory Committee, the Downtown Advisory Board, the Electrical Code Board, Library Board and the Planning and Zoning Commission.) r The Council convened in open session and took the following action: A. Perry motioned, Brock seconded to appoint Mike Cochran to the Planning and Zoning commission. On roll vote, Brock "aye", Miller "ayel~, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. with no further business, the meeting was adjourned. BOB CASTLE8ERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOAA 1 9 CITY OF DENTON CITY COUNCIL MINUTES AUGUST 11, 1992 The Council convened into the Work Session of the City of Denton City Council at 5:15 p.m. in the Civil Defense Room, PRESENT: Mayor Castleberry, Council Members Brock, Chew, Perry, Smith and Miller ABSENT: Mayor Pro Tem Hopkins 1. The Council received and considered budget presentations from the following departments: Human Resources J~ Tom Klinck, Director of.. Human Resources, presented an overview of 1 the department budget which offered the same level of service as the current fiscal year with two service level exceptions. The personal services budget was approximately 3,38 higher due to the Mercer implementation and insurance costs. Supplies were approximately $3,000 less due to fewer supplies needed for implementation and the newsletter would be pay plan other month. The maintenance budget for office published increased slightly, but the services budget, including travel and registration, decreased from last year. The tuition reimbursement program reduced a little for the 26 participants from 100% reimbursement to a reimbursement level set at each budget year based on the budget which was 808 for 92/93 budget year.. The awards account which funded the annual employee service awards program remained the same. The fixed asset accounts reflected a request of $800 for the purchase of a personal computer for the upgrade of the clerical testing program for more accurate test procedures. Council Member Miller questioned that other than the newsletter and tuition reimbursement the service level remained the same. Mr. Klinck replied that he anticipated the department would meet all of its service commitments. Council Member Miller asked how much was the reduction in expenses was for 808 versus 1008 for tuition reimbursement. Mr. Klinok stated that the reduction was approximately $5,000 - $6,000. He also stated that cuts which impacted the fewest employees were considered, and the tuition reimbursement program effected 2-38 of the entire work force. Mr. Klinck presented the compensation and benefits portion of the budget. As Council requested, Mr. Klinck researched some additional alternatives for the compensation and benefits. The 1 L 1 City of Denton City Council Minutes August ll, 1992 Page 2 atiOn of a 15% health1urance considerations reflected an anticip a salary decrease for rate increase wh,tequivalent lf- 2% wag s a over r 9e93of for translated to an 9 lemented. 5o% the ees once the new costs dentsmp em were effected with no employ work force which covered dep salary increase. uestioned whether that d thatmthetcitycwould council Mambl coverage or if i.. just for dependent r cost. cover the 15% additional employee increase of approximately $2 _ Mr. Klinck stated coeerage~ a for employee only a 15% increase explained that the employee only coverag l ncluded he so osed budget to be covered by the city Mr. Harrell coverage was iincrease in of theppremium exceeded a 15% increaser a $2 was scaled back to maintain a increase. was done in the form Of Council Member Chew asked if that deductibles. reed and stated an example to cover a small increase Mr. Klinck e payment deductible fro.n $100 to $ was to Increase the drug government or Mr. Klinck r0 ceasing showed the Another regional data basis on how salaries were P to oe recognition market increasing 4-58 as the city importance fompetored for labor. A yid recognition consideration recogn hi osophy iof the new salary 1992. and maintained the p implemented on January or 3$ and Altprernogramativ°Counci c l d geauthorisrvicede t stops; J. IncreasPe of 11 2, implementation across s' a reduced level oincreased some he now additional Civil erformanc a program, or program of 6% Retirement Sys contribution to the Texas Municipal performance or 7%. board Increase rforming employees and Civil Service Mr. Kllnck outlined alternative 1 for an across tThe new structure for all satisfactory Pe of ingresses for police officers for step i n rea es based ° Across th rthe the city implemented provided 2%, or 3% service for police offices and firefighters on , board costs and Were Civil Service s QepsCouncil for 1~, increato do increases in Council Member Miller asked if it was necessary le distributed nal that manner since the $200,000 areagandithe examp ument a for a e increase was in n the indicated it was approximately $260,000. i Cite of Denton City Council Minutes August 11, 1992 Page 3 Mr. Klinck stated that the figures outlined In the proposed budget had not included police and fire step increases. Council Member Miller questioned why a 1% increase for most city employees and a step increase for police and fire, Mr. Klinck stated that the law allowed for the Civil Service Commission to set up classification of jobs for firefighters and police officers and developed the step system. Betty McKean, Executive Director for Municipal Service/Economic Development, stated that the city was required to use the step structure for Civi! Service positions or across the board increases for all, Mr. hat pol•icerofficers to d tfi of ghtersy thcould e Mercer nand had to maintain a step plan, and Mr. Klinck stated that the across the board increases outlined in alternative one were not within the defined compensation philosophy implemented January 1st, Mr. Klinck stated the second alternative outlined a reduced level implementation on the pay for performance program and involved no market adjustment on any plan, provided a PRI matrix, and provided for the addition of a couple of steps for Civil Service; and as part of the Phase II implementation, added a step for each of the command ranks for the police and fire plan. For the police plan, corporal, sergeant, lieutenant and captain were added, and the fire plan added driver, captain, battalion chief and division commander, Mr. Klinck outlined the nor civil service PRI matrix which averaged a 1% increase based on performance overall including police and fire. Another alternative PRI matrix Increased to 2.6% the average merit increases and provided steps for civil service. The final alternative PRI matrix established 3,4 % increases and provided for police and fire steps. coss he board 1% Increase versus 18 average increase on a APRIa matrixtwas $259,988 versus $303,158. For an across the board increase of 2% and an average of 2.68 for the PRI matrix, the cost was $453,000 versus $4980000;. and for a 38 across the board versus an average of 3,48 PRI matrix, the cost was $647,000 versus $652,000. Mr. Klinck also stated that an investment in the pay philosophy helped because the longer implementation was delayed the more expensive it became to implement a pay for performance program. The second alternative provided for the additional step on the police and fire command lines. ,..may \ City of Denton City Council Minutes 3 7~y August 11, 1992 Page 4 The third alternative outlined Texas Municipal Retirement System increases of 68 for a 2 to 1 city or 78 for a 2 to 1 city which eventually was an effective benefit increase of as much as 40-608. Mr. Klinck indicated that since the budget message had been presented, the cost of 68 for a 2 to 1 city increasing on 1/1/93 would be less than anticipated as a result of the actuarial audit from TMRS. The cost of doing a 68 for a 2 to 1 on 1/1/93 was $149,995; half of that amount translated to approximately $75,000 as opposed to the $108,500 amount outlined in the budget message. The 78 for a 2 to 1 city was even less with a cost of approximately $300,000. The increase in TMRS was the same amount for the fire f. pension fund. Mr. Klinck stated that Denton was one of only three cities locally that remained at 58 while everyone else had moved to a 68 or 78 for a 2 to 1 contribution program. 1 Mr. Harrell stated that with a tight budget with no salary increase +j recommended, a recommended increase to the employee retirement contribution was more beneficial in the long run for the leant amount of money. Council Member Smith asked if an increase to the city contribution to health insurance rate and a 68 for a 2-1 retirement was adopted what happened to the employee's take home pay. Mr. Klinck replied that with a 158 health insurance increase for an employee with family coverage, the take home was reduced 28. City employees would see with longevity with the city a better retirement program. Council Member Chew stated concern with "pie in sky" in the future and paycheck reduction next year for city employees. The Council needed to ensure city employees took home the same amount of money. Mr. Harrell stated that to guarantee that employees took home the same amount of money, the Council needed a 28 increase with a cost of approximately $e50,000. Council Member Miller stated retirement contributions wore not taxable. Miller stated that the Council needed to review TMRS and the city contribution philosophy. The cities that were lowest contributors to the TMRS were cities where city pays all. Council Member Miller suggested the Council study the issue to develop the city's long term philosophy especially when Denton was compared with the other cities. Ms. McKean stated that a contributing factor was that some cities had opted out of social security. `I City of Denton City council minutes August 11, 1992 Page 5 retirement to the employee Mr. Klinck stated that the contribution very strong recruitment benefit. with the programs was a concerned Member Miller stated that he was Council employee take home pay, money and effort reduction in a lot of time, needed to Perry stated that plan, and Council that Council Member develop the Mercbo be serious in cast Ywas eery was expended to was going stated that lan. if the ° the program. perry Mercer p determin d funding ort of the forth a important that council considered sup ortation, reported Trans ortat i on and Trans p completed as Director of Engineering aving was Jerry Clark, of the interest quarters Clark stated he hing and Construction that three ested. Mr. street pat' Council requested, traffic, including hnee uest was and streetlig ineering division funding Were mainly the Eng ear, Revenues artinly Mr. Clark stated as the previous y and the UtilitExpenditures basically the Charges to the bond fund, designs less than the derived from their requests wasr requesting sting $4,960 an Engineering had increases and Engineering osition, the department were downy Engineering was cutting a ear, a e The ar making a previous Year. became vacant mid y position b en for the next budget department was Tech 1 leave the position op ears. The opted tO of four people in last four Y reduction ersonnel levels . smaller back to pre"bond issue p The revenue was division. derived from WOsignal. Mr, Clark outlined the Traffic evenue was only one had the services in the traffic are a because The ause new most year exception in current Eon the Square, Square. about the s ame with the wero f truck during the the purchase of bucket personnel remained the same, portion because o the fiscal year* ilarrell asked about the approximate $9x00 increase in Mr. the bucket service account. of the figure was for the majority ton service vehicle used large one Problems which replaced Mr, k TThe buck that ruck was a truck.jority of call outs and traffic p to do a ma s for firing a 1982 van. budget which wa The etching a revenue generator. outlined the and street p was not area to adjust charges. Mr. Clark utility cuts with pot es and hol division had worked harder the util tY h City of Denton City council minutes August 11, 1992 r Page 5 Mr. Klinck stated that the contribution to tiie employee retiremorit programs was a very strong recruitment benefit. Council Member Miller stated that he was concerned with the F}ritr"" reduction in employee take home pay, ` Council Member Perry stated that a lot of time, money an,, effort: x~f~av " was expended to develop the Mercer plan, and Council needed to determine if the city was going to be serlouc, in carrying that forth and funding the program. Perry stater! that it was very F~ important that Council considered support of the Mercer plan. Transportation ?t Jerry Clark, Director of Engineering and Transportation, reported { that three quarters of the interest money paving was completed as " Council requested. Mr.. Clark stated tie would cover four budgets including engineering, traffic, street patching and construction and atrestlighting. Mr. Clark stated that the Engineering division funding request was basically the same as the previous year. Revenues were mainly derived from charges to the bond fund, and the 'Jtilit:y Department had increased their requests for project designs. Expenditures were down, and Engineering was requesting $4,960 less than the previous year. Engineering was cutting a position, an Engineering tech I. The position became vacant mid year, and the department opted to leave the position open for the next budget year making a reduction of four people in last four years. The department was back to pre-bond issue personnel levels. Mr. Clark outlined the Traffic division. Tho revenue was smaller in the traff.Lc area because most rovenuo wa:t derived fr.oni work done, on tha Square. The new fiscal year had only one slgna.l. Expenditures were about the same with the exception in tilt, services portion because of the purchase of bucket, truck during the current fiscal year. Versonnn] r.emaJnod the same, Mr. Harrell asked about the approximate $9,000 increaso in the service account. Mr. Clark. stated that the majority of the figure was for the bucket truck. The bucket truck was a largo one ton service vehicles used to do a majority of ct,.li outs and traffic problems which replaced a 1982 van. Mr. Clark outlined the street patching budget which was for fixing potholes and utility cuts and was riot a rovenue generator. The division had worked harder with the utiIIty area to adjust: charges. a -_61 ids. ~ City of Denton City Council Minutes August 11, 1992 Page 6 Expenditures were almost the same as last year, and there were no changes in personnel. Mr. Clark outlined the street construction budget. An example of projects done by the division included Nottingham, Masch Branch Road, Jim Christal Road and blade on work. The division had done the majority of work on the interest money overlay recycling program. City crews were working on Jim Christal Road as part of county bond program. Expenditures in personal services were down because of long term personal lost. The division cut $10,000 for tree trimming and the number of personnel remained the same, Mr. Harrell stated that the elimination of tree trimming was a service level decrease. Mr. Clark explained that emergency work was done and preventative work was eliminated. Mr. Clark outlined the street lighting budget which was exactly the same as the previous year. Denton was one of the first cities in the Metroplex participating in a new program in which the state paid for all power costs for traffic signals along I-35 which would cover the increases for the current year and allowed for a little increase next year. Council. Member Miller asked if there was any other service cuts besides tree trimming. Mr. Clark stated the division would perform at same service level. Rick Svehla, Deputy City Manager, outlined the airport budget. The incroase in personal services was due to implementation of the Mercer study. The services category increased just a little because some maintenance activities required expertise. The overall budget was actually going down. Mr. Harrell stated that the maintenance person was eliminated and the airport contracted with Parks to mow the Airport. Mr. Svehla stated that arrangement worked well and problems were only experienced during the rainy season because of the extra demands on the Park crews, Fire Department John Cook, Fire Chief, reported an error as printed on page 231 in the proposed budget in the number of persona proposed for next year's budget. Proposed personnel in administration was 10 people, the operations budget reduced from 75 to 73 people, prevention was i 11 City of Denton City Council Minutes <~ta August 11, 1992 l Page 7 I 4 people, EMS increased to 16 people, emergency management zeroed out, and the final number was 103 people and not 105 people. Many things occurred since last year that caused the budget to be different. The first change was due to the wettest two years in history causing construction of Fire Station #6 delays. Because Fire Station 06 was not open, new people were not hired. Because of the stagnant economy, staff revisited the nine new positions. The Fire Department also underwent the first internal audit r~ addressing the overtime problem which resulted in a lowering of minimum staffing requirements from the 24 proposed last year to maintaining the 22 that city currently had. Because of the resignation of the Emergency Management Coordinator, reassessment of the emergency management contract with the county occurred. Because of the continued urbanization of the county, it was deemed appropriate to separate the two services. The Fire Department continued to provide emergency management services to the city and discontinued the joint relationship with the county. Chief Cook stated that under the administration budget the one package was to replace a number of aging vehicles which resulted in the downsizing of the number of vehicles and reduced maintenance and supplies for vehicles. The only fixed asset was for the lease payments on a copy machine. Chief Cook outlined the operations budget which anticipated hiring at least four people to start an academy on September 1, 1992, with three in suppression and one EMS. Assuming two battalion chiefs retired based upon the vote of the Pension Board, three additional firefighter positions would be hired when that occurred. Mr. Harrell stated that when the two battalion chiefs retired, rather than filling the positions with new people, the city looked to captains to perform more management responsibilities and to hire three new firefighters for the same amount of money, Chief Cook stated that the elimination of middle management allowed some reorganization and gave the Chief time for more hands on experience. Council Member Miller stated having some confusion on the personnel count.- When battalion chiefs retired, the city would replace with three firefighters. Council Member Miller asked if the 91--92 estimate of number of firefighters included the three the city hoped to hire now, Chief Cook replied that the 78 figure included nine new firefighter positions which were authorized in the 192 fiscal year budget and included th© four that were to be hired now. City of Denton City Council Minutes August 11, 1992 Page 8 Council Member Miller stated that the 78 figure was not an actual number but an authorized number. Council Member Miller stated he bad a problem reducing the number of personnel, and the city needed to be looking at how many people were fighting fires. Chief Cook stated that the actual number was 69. Council Member Miller stated that in actuality the city had 69 firefighters instead of 78 and were adding people in the new fiscal year who could fight fires. Chief Cook stated that although they were adding people, the staffing level would not increase. With the new vacation policy and the new people, the city was absorbing overtime slots that occurred. Mr. Harrell stated that compared to what the city had on the street today to fight fires, the new budget made the city better off because more firefighters were on duty than before. He reminded the Council that the city had not added any firefighters since 1980. The staffing level was determined by what had the least detrimental effect on the fire fighting ability of the department. Mr. 5vehla stated that the internal audit pointed out that the fire department staffing determined why the Fire Department was running into problems. The new people plugged the overtime gap and helped have more people out to fight fires. Council Member Brock asked about actual hiring of three people. Chief Cook stated that offers were made to three people contingent on them passing the physical and psychological exams. The fourth person scheduled to be employed failed to show up for oral review board. Council Member Perry asked if one of the city's objectives was to improve the city's emergency services. Chief Cook replied that the training of additional paramedics and the additional. equipment that was ordered and allowed for an ambulance to be run out of each station. The bottom line was that the public was getting improved emergency medical service. Chief Cook outlined the fire prevention budget. Personnel remained the same. They would be purchasing some fire prevention literature for use in public education. The budget outlined the purchase of two computers, one for the engineer and one for the arson investigator. The decrease in maintenance was the result of the replacement of some vehicles in the fleet. kv City of Denton City Council Minutes qY August 11, 1992 Page 9 Chief Cook outlined the Emergency medical service budget which had several substantial increases. The first increase was the six months of payments for an ambulance on order. The second increase added an additional captain's position with an assignment pay which would be in charge of the EMS program. Chief Cook reported that the Emergency Management budget was eliminated and incorporated the program into the department. Council Member Chew asked if the coordinator for emergency management was someone in-house. Chief Cook responded that the responsibility was that of the Chief with Chief Jez's cooperation. Mike Jez, Police Chief, reported that the six month 91-92 budget estimate indicated the department slightly over budget but anticipated being slightly under budget. The 92/93 proposed budget reflected a $47,000 reduction in expenditures. The reduction was accomplished first by a patrol position held open for part of the year. Secondly, the 91/92 budget talked about civilianizing some of the positions police officers were currently occupying. In an effort to save money and embark on that program, one position was filled with a public safety officer. Police officers currently working the duty desk were replaced with civilian personnel. The Chief anticipated a long term positive effect on the ability for minority r6cruiting efforts. Thirdly, the department was able reduced the budget by reaching the payout on lease payments on vehicles and had not replaced vehicles in CID during the year. Council Member Miller asked if the level of services remained the same. Chief Jez stated that there was no significant impact on service delivary. The department was asked to do more all the time as neighborhood group activities continued to grow. Response rate remained the same and the crime rate was down. Council Member Brock stated that she understood as neighborhood groups developed calls for service increased. She questioned if the increase were due to people being more aware. Chief Jez stated that he had not wanted to indicate an increase in calls, but an increased demand placed on the Police Department which in turn used up time. As the department improved relations with the neighborhood, citizens had more confidence in the department. Chief Jez also stated that an eight hour orientation on COPs was provided for new employees. 1 1 11I 1 1 1 City of Denton City Council Minutes August 11, 1992 Page 10 Council Member Brock asked what was the police academy. Chief Jez ned that September 2nd and meet fort14 weeks citizens for citizensc toemy would start a training process to increase understanding betty en the PPolice pticte in Department and the citizen. The Mayor announced that there would be a ten minute break. Drainage Bob Nelson, Executive Director for Utilities, stated that the drainage utility was almost unchanged from last year. The organization had six people with one supervisor and five people with a portion devoted to street sweeping. The department experienced an increase in the number of work orders with the same number of people. The department used JTPA students to help with weed control. Within that organization, the actual maintenance workers were to be transferred over to the water/wastewater field services operation under Lee Allison. The drainage utility was a major issue and the first public hearing was set for next Tuesday's City Council meeting. If the utility were established, the effective date was October 1st. Bill Angelo, Director of Community Services stated that drainage budget had few changes from last year. Savings in personal services came from loss of a person who was injured on the job with a temporary to fill in. Supplies went down because of an anticipated decrease in fuel costs. Services increased primarily from lease payments on a dozer and street sweeper. Most of the equipment in drainage was extremely old and needed to be replaced in the future. The drainage division snowed a significant increase In almost every performance indicator which meant the people were working harder and smarter and improving performance and productivity. The major issue was funding options for drainage of either general fend or utility fee. To generate the $800,000 that provided drainage funds, a fee for residential property of $1.50- $2.00 per residential unit per month and $14.00 per acre on the commercial side was needed to maintain current level of operation. The department experienced an increase in number of calls and demand for service. Council Member Smith asked why the tremendous increase in service calls. Mr. Angelo replied that when drainage was with the street department the pressure was to do street probl drainage division were directed to st etRarepair. Since drainage separated from the street department, concentrated h City of Denton city council Minutes -/~r .C l/f August 11, 1992 Page 10 Council Member Brock asked what was the police academy. Chief Jez explained that the citizens police academy wuuld start September 2nd and meet fur 14 weeks for citizens to participate in a training process to increase understanding between the Police Department and the citizen. The Mayor announced that there would be a ten minute break. % Drainage Bob Nelson, Executive Director for Utilities, stated that the drainage utility was almost unchanged from last year. The Il organization had six people with one supervisor and five people with a portion devoted to street sweeping. The department experienced an increase in the number of work orders with the same number of people. The department used JTPA students to help with weed control. Within that organization, the actual maintenance workers were t6 be transferred over to the water/wastewater field services operation under Lee Allison. The drainage utility was a major issue and the first public hearing was set for next Tuesday's City Council meeting. If the utility were established, the effective date was October 1st. Bill Angelo, Director of Community Services stated that drainage budget had few changers from last year. Savings in personal services came from loss of a person who was injured on the job with a temporary to fill in. Supplies went down because of an anticipated decrease in fuel costs. Services increased primarily from lease payments on a dozer and street sweeper. Most of the equipment in drainage was extremely old and needed to be replaced in the future. The drainage division showed a significant increase in almost every performance indicator which meant the people were working harder and smarter and improving performance and productivity. The major issue was funding options for drainage of either general fund or utility fee. To generate the $800,000 that provided drainage funds, a fee for residential. property of $1,50- $2.00 per residential unit per month and $14.00 per acre on the commercial side was needed to maintain current level of operation. The department experienced an increase in number of calls and demand for service. Council Member Smith asked why the tremendous increase in service calls. Mr. Angelo replied that when drainage was with the street department the pressure was to do street problems and efforts of the drainage division were directed to street repair. Since drainage separated from the street department, concentrated I City of Denton City Council Minutes August 11, 1992 Page 11 drainage efforts had been done throughout the community and citizens became more aware and made more requests in other neighborhoods. Mr. Nelson stated that the intent in moving some of the drainage operations to water/wastewater field services was because the division had done stop gap measures in the past due to lack of equipment and funds to do maintenance and long term measures. The transfer allowed for sharing of equipment and expertise. Mr. Angelo stated that sweeper mileage increased partly due to the new sweeper with a specific routing system doing 30 curb miles in a single day. Utilities Bob Nelson, Executive Director for Utilities, outlined the rate issues that the utility budgets addressed. He stated that the Electric Department was anticipating a 58 reduction in the electric rate which reflected a 0-38 reduction in residential rates; a 4-68 reduction for medium load factor commercial customers; and an 8-108 reduction for high load factor commercial/ industrial customers. The water rate anticipated approximately a 68 increase reduced from 108 as directed by the Public Utilities Board. The wastewater rate anticipated a 108 increase in rates reduced from 158 as instructed by the Hoard and with no more than a 158 increase for the 1994 budget. To reduce the rates as .instructed, some cuts to the budget presented to Council which was uiscussed. The increased solid waste rates passed through the 3 1/28 state tax regulatory surcharge which was absorbed last year. The surcharge was a 70 cent increase per month on a residential bill from $9.95 to $10.65. The commercial rate increased 3 1/28 with the state regulatory surcharge which was listed separately on the utility bill, Mr. Nelson explained that the staff went into the wastewater budget anticipating a 158 rate increase both in 1993 and 1994. He outlined the cuts necessary in the proposed budget to hold the rate increase to 108 for 1993 and 158 for 1994. Several different options and a decrease in personnel were outlined to reduce the proposed budget $400,000 for 1993 with about $800,000 worth of cuts necessary for 1994. The cuts included reduction or elimination of personnel-, toxic identification, sludge reuse program, outfall sampling site, septic design inspection and design assistance, underground tank inspections, sledge field maintenance, pollution control and abatement program, preventative maintenance of collection system and special services to customers. Council Member Chew asked what a 158 rate increase in 1993 would meant because he was concerned with $400,000 in cuts. City of Denton City Council Minutes August 11, 1992 mar/ Page 12 Mr, Harrell stated that the increase was not driven by demand for service by the city, but to pay the costs for expansion of our wastewater treatment plant mandated by EPA. The first option to keep current service levels increased rates over the next two years at 158 and 158. The second option increased rates 108 first year and 258 the second year and held the same level of services. The third option increased rates 108 the first year and 158 next year and made some cuts in services. Mr, Nelson stated his concern because the EPA expressed that insufficient personnel were available to document the pollution abatement controls. Council Member Miller asked if EPA requirements were not maintained would a penalty be involved. Mr. Nelson answered that a penalty was involved, and staff had to be sensitive to that in developing cuts outlined, Council Member Brock asked what a cut in the sludge reuse program meant. I Howard Martin, Director of Environmental Services, stated that the sludge reuse program was part of the composting program and used sludge to make a reusable compost product, Council Member Brock asked if cutting the sludge reuse program was putting off implementing the composting program. Mr. Martin stated that the sludge reuse program would put off implementing the composing program and the alternative was to landfill the city's waste activated sludge. Council Member Brock stated that she felt it was shortsighted to put off the project and eliminate non mandated programs, Council Member Brock asked what was cutting all sludge field maintenance. Mr. Martin answered that currently the city contracted for 200 acres of sledge injected fields to be mowed and disked two to three times per year to eliminate weeds, improve looks, and eliminate problems when injecting sludge. Council Member Chew questioned that when the city eliminated the composting progrant would it eliminate money from grants which John Hall, Texas Water Commission, mentioned. y `.I City of Denton City Council Minutes August 3.1, 1992 Page 13 Mr. Martin stated the staff was confident and worked jointly with Bill Angelo's operation in utilizing the composting project. Mayor Castleberry stated that he did not see anything that was real serious since most people wero temporary or part time personnel. Mr. Nelson stated that was correct except for the night shift operator which was needed for safety reasons. A lot of the techs and temporaries utilized assisted to determine where lines needed to be replaced in the collection system. r Jim Harder, Director of Electric Utilities, reported that the r' revenue reduction decrease of 4.88 was expressed in the overall rate decrease with some classes receiving more or some less. The 1993 total proposed budget increased from $64.3 million to $65.3 million mostly from the increase from the city's TMPA purchase power cost. Personnel changes reduced the division by 3.5 positions by eliminating 5 full time positions and increasing temporary positions. Total personnel costs decreased, supplies decreased, the maintenance budget decreased, the services budget decreased, and insurance costs decreased. Mr. Harder outlined the major electric projects which included overhead to underground conversion at $330,000 per year, re-roofing the Service Center, distribution system coordination study, 69 KV circuit breaker replacement at Spencer substation, customer incentives and tree power programs, overhaul of Spencer unit 3 retaining rings, and cleaning of unit 4 boiler. Mr. Harder stated that the Hickory Substation circuit breaker replacement and gas pipeline construction for alternate fuel source were major projects funded by CIP bonds. Council Member Miller asked if intrastate deregulated was that necessary. Mr.. Harder stated if intrastate became completely unregulated then the project became unnecessary. Mr. Harder stated that production power and fixed assets increased for the next year because of an attempt to pay as much of the CIP projects out of current operating revenue and not out of bond funds. Lee Allison, Director of Water Operations and Engineering, reported the proposed water budget was 3.5% greater than last year and added one new position in engineering to provide landfill expertise. The reorganization in the field service reclassed 11 light equipment operators to maintenance workers and reclassed two clerks to senior engineering aides. Mr. Allison outlined major projects which r y City of Denton City Council Minutes August 11, 1992 Page 14 ~ included replacing water mains, developmental plan lines, painting the high school water tower, abandoning water wells, and debt repayment to the Electric Departmen s , CIP program ncluted transmission line easements to Ray Robert disinfection sys modification, Teasley lane line replacement, and water line ; upgrades. i Mr. Allison explained cost reduction actions which include budgeting for a normal year not a drought year, budgeting for man hours not for overtime, increasing meter change out time from 7 to 10 years, extending fire hydrant panting eperiod quipment from 3 to 5 years, vehicles and repairing not replacing Council Member Miller questioned whether customers were informed when water meters were changed out. Mr. Allison replied that customers were not notified. out had recommended ammgoodaidea. that water Member Miller Mr. Allison stated that could easily done with a door hanger and he would implement the recommendation. Mr. Allison reported that the divi3ion was adding one new engineer and the temporary/seasonal category reflected a small increase. Mr. Allison expected overtime to decrease. Pe sonil sir a vices attr to capital eit ms and eLake Ray Rober is payment . up overall budet was oing Howard Martin, Director of Environmental Services/Financial Administration, outlined the wastewater budget The majori sshe same level of service and regulatory compliance. budget addressed included the wastewater treatment tmentantexpansion, biomonitoring, sludge disposal and pretrea . The budget addressed known public health concerns primarily in the Cooper Creek drainage basin, minimized collection syatemd ocontinued maintained current level engineering services, development of the GIS system. Administrative issues to be addressed included funding for economic development, participation for in North Central Texas Council of participation in thee U pertTrinitydRegional wastewater rate study, p p P Water District, and an increase in regulatory inspection fees. develoQment of orten an Increase in the Council contributi oe to economicasked stated Mr. Nelson that the Public increased economic development cont ibu ion from a $60r000 oe$80,000 1 city of. Denton City Council Minutes ~l A, O/ August 11, 1992 Page 15 , I per year with half from the water budget and half from the electric budget. Mr. Martin stated that a reduction in overall budget expenditures for the Wastewater Division was over $314,000 with the majority of the funds cooing from the collection system primarily from capital projects cur•:ently funded out of current revenue and funding them through bond funds. Mr. Martin stated the administrative budget increased slightly, the treatment budget decreased slightly, the engineering budget increased and the laboratory and pretreatment budgets; increased expenditures, Mr. Martin stated that positions remained the same with a small increase in temporary positions. Council Member Perry asked if the city had failed an EPA monitoring toxicity level and why. Mr. Martin stated that $50,000 was to initiate the first phases of the testing that allowed the city to discover what caused the toxicity. Council Member Smith asked if toxic identification was the item the city had failed. f Mr. Martin stated that the city failed the last two months. Mr. Nelson stated that the electric budget included $10,000 for advertising targeted at companies relocating in the Denton area. Bill Angelo, Director of Community Services outlined the solid waste budget. A major budget issue allowed for the upgrading of four temporary employees to full time positions in the residential section because of employee turnover with temporary employees in the past. The budget upgraded a half time clerical to full time, added a pert time administrative intern position, added Household Hazardous Waste Public Information program, added paint swap program, added a waste minimization/recycling public education program, reclassed a commercial maintenance mechanic to commercial driver, and relocated a commercial maintenance mechanic to the machine shop, Recycling options included city-wide collection at an increased cost of $1.25 per month or subscription service at a cost of $3.25 per month r.harge for participants if a 20% participation achieved. Mr. Angelo stated that no expansion of existing collection programs for recycling were planned. Mr, Angelo stated that personal services increased due to implementation of the Mercer study. The supplies increased as a result of expending additional. fuel in the commercial area. II~ S City of Denton City Council Minutes J August 11, 1992 Page 16 Maintenance increased due to vehicle maintenance, and services increased due to a partial year payment for trucks and dumpaters for the commercial solid waste division. Mr. Angelo pointed out a substantial decrease in insurance because of diligence of employees, and an increase in fixed assets for computer and a pump for landfill. The largest increase for commercial solid waste was for containers. Debt service increased reflecting a repayment to the electric fund. Miscellaneous increased because of putting aside $100,000 per year for closure of the city landfill and costs included for such. Approximately $10,000 was earmarked in services as contribution for the city's beautification efforts. r. Council Member Chew asked what was the $96,000 surcharge to the State of Texas in fixed assets. r Mr. Angelo stated that the $96,000 was currently paid out of revenues and not reflected in the city's financial reports. audgeting the amount allowed for better financial tracking of costs. Mr. Angelo outlined the fleet services budget with few changes but restructured to divide garage into three sections for cost centers and revenues. The restructuring included a garage, parts and fuel, motor pool and machine shop budget to aid in reporting and tracking costs and revenues. The one additional employee came from solid waste. Mr. Nelson stated that rates increased in the garage and machine shop on a per hour basis to be competitive with the private sector. Staff surveyed garages in community and the in house charge was 858 of that cost. The increase was the first since 1986. Mr. Harrell added that Mr. Angelo and Mr. Nelson had made adjustments in hours of operation of garage, and the garage was open several hours in the evening in order to get vehicles serviced from 4:00 to 800 p.m. to increase productivity. Mr. Angelo reported on the operation of cable television channel which included operation of a bulletin board service, nominal irogramming, training activities, broadcasting City Council aeetings, and nominal programming provided from canned programs in ,:he Utility Department and the Fire Department safety and training programs. The annual operating cost was $300,000 per year. Discussions with DISD for joint operation started along with additional negotiations with Sammons. Council Member Chew stated that he had a conversation with council person from Corpus Christi, and the cable television provided 7 City of Denton City council Minutes0 ~y August 11, 1992 Page 17 ' bulletin boards and broadcasting of city council meeting at no cost. Mr. Angelo stated that he thought Corpus Christi provided service at no cost because it was a much larger city and had more subscrit,•~rs. I Council Member Brock stated that a Desoto Council Member said they received cable television services free of charge as part of the franchise agreement. Mr. Angelo stated that the city currently had a 15 year franchise. Mayor Castleberry asked about TINT channel. Mr. Angelo stated that UNT was not interested in the city taking up the time for city programs and charged for their services. Kathy DuBose, Director of Financial operations, distributed a handout concerning administrative transfers in response to Council Member Miller's previous questions. The meeting adjourned at 8:32. BOB CASTLEBERRY MAYOR CITY OF DENTON, TEXAS BETTY WJLLIAMS DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS AMM00194 I ~ i l I CITY OF DENTON CITY August 18 COUNCIL MINUTES The Council convene Civi1 Defense Room, d into the Work 2992 Session at 5;25 PRESENT: Mayor p'm• in the AV Castleberry; Mayor pro Tem No Brock, Chew, Parry, Smith an ABSENT; Hopkins; Council Members None d Miller , The Council legal matters Convened into (considered the Executive theate (Denton considered settlement Session to discuss Munici Electri acSATition/of ofor ru ffer in Re' Flo r (considered appointments port) and land pe sonnet way improvements eat cal Code Board to the Downt /board appointments Zoning Commission, , the own Advisory Library the Board Board Mayor Pro and Planning and --._F1O- Tem Hopkins left the meeting during the discussion of The Council f In Prioritizin held a dIscuss. 28 U.S, 377 g status of F.M. 2499, Loopand av enstaff direction This item ' F2281 and consid was not ere discusse d under Miscellaneous daring the neous Matters from Work 3 Session and was ' The council held a dig CitY Manager, ding budget issues for 81Op and This the 1992_93 fisCalVe staff direction ,ditem was not considered Year, under Miscellaneous during the Matters work Session and The council co from the Cif was Council Chambersened into the y Manager, Regular Session at 7:00 P.M. in the PRESENT: Mayor Castleberry, Mayor Pro Tem Brock, Chew, Perry, smith and H°pKa.ns; Council Members ABSENT; None Miller, 1' Pledge of Allegiance The Mayor and Allegiance, members of the audience recited the pledge of e The SeasionCouncil, considered approval s of July 7 and Jul 28, 1992, 1 2992 °f the minutes of the Regular and the Work Session R July 14 tl CITY of DENTON CITY Co992IL MINUTES August 18, The council convened into the. Work Session at 5:15 p.m. in the Civil Defense Room. Castleberry; Mayor Pro Tem Hopkins; Council Members PRESENT' Mayor Chew, Perry, Smith and Miller. Brock, ABSENT: None ow), real unway Ine Rimpr Flow) real 1. The Councils ri~idered lsettlemen Xeoffere legal matters ( oard appointments estate (considered acquisition of nd personnel/bo oard, the the Denton municipal Airport) , Advisory and idered appointments to the Downtown d and the planning (clonsectrical Code Board, the Library Boa Zoning Commission.) Mayor Pro Ten Hopkins left the meeting during the discussion of in- Re: Flow. an gave staff direction on 2. The council held a discussion extension, F . M. 21e1 and F.M. 2499, LOOP '88 prioritizing status of U.S. 377. This item was not discussed during the Work Session and was considered under Miscellaneous Matters from the city Manager. 3, The council held a discussion and gave staff direction 3 fiscal budget issues for the 1992-9year. the Work sessionaged was This item was not considered during considered under Miscellaneous Matters from the City m. in the The council convened into the Regular Session at 7.00 p. Council Chambers. Council members PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Brock, Chew, Perry, Smith and Miller. ABSENT: None 1. Pledge of Allegiance The Mayor and members of the audie:ice recited the Pledge of Allegiance. Regular approval of. the minutes of the 2' The council considered and July 21, 1992 and the Work Session of July Sessions of 3uly 7 28r 1992. City of Denton City Council Minutes August 18, 1992 Page 2 Smith motioned, chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye'f, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented a proclamation for United Way Month. 3. The Council considered approval of a resolution of appreciation for Robert E. Nelson for outstanding service to the City of Denton and the American Public Power Association. rp l The following resolution was considered: No. RA92-010 A RESOLUTION OF APPRECIATION FOR ROBERT E. NELSON Perry motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Public; Hearings A. The Council held a public hearing to consider a variance to the Subdivision Regulations (Section 34-114) pertaining to the requirement to construct sidewalks. The site was located in Denton's extraterritorial jurisdiction and fronted on orchid Hill Road. (The Planning and Zoning Commission recommended approval, 5- 0, at its August 12, 1992 meeting.) Frank Robbins, Executive Director for Planning, stated that this was a variance to Section 34-114 of the Subdivision Regulations which required sidewalks along both sides of streets within the development and along one side of perimeter streets. As the. development was over 8000 feet fro: a city of rw?nton water line, it was exempt from perimeter street paving and z.,"ewalks along that perimeter street. It was not exempt from tA,e _nterior sidewalk requirements. The Planning and Zoning Commission recommended approval of the variance. If the variance were approved, the Council could consider and approve the replat listed under the Consent Agenda. If the variance were not approved, Item 5.C. on the Consent Agenda would need to be pulled from consideration. The three criteria for granting a variance included (1) the variance would not violate any master plans as defined by Section 34-5 of the Subdivision and Land Development regulations; (2) the special or peculiar conditions upon which the request was based related to the topography, shape or other unique physical features of the l City of Denton city council minutes i August 18, 1992 Page 3 property which were not generally common to other properties; (3) the special or peculiar conditions upon which the request was brier did not result from or was not created by the owner's or any p owner's omission, There were a number of issues which the Commission took into account for which they felt there were enough conditions to approve the variance. Those included the fact that which might the sidewa.lkl were g built trees which would there removed or adalarge maged number decrease the character of the subdivision, the property was currently a long way from any existing sidewalks and a long way from being within the city limits of Denton. The Commission also noted that the sidewalks were not required along orchid Hill and building the sidewalks for four lots would not add much to the public interest. There were only a few lots to be served. It was unlikely that the cul-de-sac, would be extended or linked up by other streets and thus other sidewalks. The Mayor opened the public hearing. Jerry Campbell, developer and owner of the property, stated that this property was on southern THe shape of the property approve the variance. ~ asked the Council to No one spoke in opposition. The Mayor closed the public hearing. roll Brock motioned, Hopkins seconded to approve the vsmith c'e. On Chew vote, Brock "aye", Miller "aye", Hopkins "aye", ' "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried 1 unanimously. B. The Council held a public 18hearing to consider thedfinal ' replat of the Minter Addition plus unpl land into Lots 11 2, 3 and 4, Block A of the Minter. Addition. The 20.2 tract was located north of Morse Street and east of Newton Street. (The Planning and zoning commission recommended app its August 12, 1992 meeting.) Frank Robbins, Executive Director for Planning, stated that four lots would be created with this replat, the largest would be a lot for the DISD's new school. Lot one was a replat where there was an existing house. Part of that area now in lot one would be part of the school. Lot three was the existing ALICO warehouse and distribution building. Lot four was an access way and would be a utility easement. There was much infrastructure which was required. There were two fundamental issues - one was where the II f V~ v~ ? nw~ i J~ CIO ' r- r- ` I` ^ v a a r ~ r f WFIK $9°35'57" E 862.29' ~'rr SCALE Noma 26e' _ 1 ( a \ * \ 60 INGRE55~ EG ll Moon! e W ~J v pu) LOT 3D ; ,r 8.300 AC. IL t a: H ~ I S t a i v J t t ~vo v J~ c~ \0 i 4 .96 4 ~l I ~y 1 0 316. _ L M . tip' 8 rl G LOT 3C 20+ N 1.520 AC. S 1 I ami " U J CURVE: TAB. E N '-r I ~i A 62010'r w „ N _ N 8D°35' 57" E ~Wp 4 326.08' is r Q t 25.00' IL t i this plat dseignatinq IN ,AW ,=WA&~STMW "!'IM 1*4 the aforeeeid ab hereby 646pt pjWWWM the heroin above treat as Loti 3A 30, 3C, and 300 A -122't0'g5~ ° N LOT 3B ob castleborry, Mayor 8 $look Ag of Canyon DlWta, an e*lit'.eh to Dinte" County, Bob castl+ R : '50,00 , ~ 1,697 AC. C , Texas, a Mplat of Lot 3, nook A of C Ilotts and do hereby dedicate to the public use tor;;;W, all utility easeeento, drainage eese+atets, WA stiioats N shown hereon. L = lf7b.G2R..w. N cn nLfj' All and any public utilities shall have the full right to ,Ianniter i mmif*r thlters, city Secretary rem*" and keep removed all or parts of bvildi"s, l!1 tenaeu, trees, throbs or otbor is*rors or gro*tla which +C e r ~ 4' say endanger or dntsr4re with the construction, vointonance d =120 00 0~ ~ m or ettiaiinay of its fespeetive systea on tha utility r 1 eesegs+At for tb#, pyrpose of conatruoti , remanstruatinq, RsSO,a~' _ $ 84'41 E in* 40 patrolling, velntaining, pfd sa¢¢~~ifiq to or r ' reoorlnq all or vast of its rsspectivs eystere without the 3 j 104, 72.' 0 3585 F I NAL PLAT m necessity at any tine of procurring tho perslssion of anyone. m 101 Jill am Mhi" "11113 DAY OF - , 1993. LOTS 3A, M, 3B, W, & 3D/BLOCK A IZ 1 U) Stanley Skin m- r, Jr. Shirley R. skinner A REPLY iEPLAT OF LOT 3/BLOCK A LOT 3A 1 d 00 cn 1.822 AC, C. • N ~ COtIMlY 01 DmtOM I rll'OR1< we the underei~nsd authority on 1- CAN NYON BLUFF'S 0 this day personally aged Stanley p, dinner, Jr. 4"e. i 7re % Shirley 0. tkirAor know to as to be the pereons whose asses R E C ~ Ys. r d is swbsorlbed to the toregoinq instrwant *W- acknowledged to 14,249 ACRES ~UQ' Swc wYOw DoT 4 cl es that they executed the saime for the pest"" and &LUC" wool e5 consideration therein expaassed, aqd in the *"malty therein J. B. TE B. TEAGUE SURVEY A-1258 stated. SEP " 1 1;,192 DENT 287s301 DENTON COUNTY, TEXAS _ ~ H 4 ~~4 ~ 41 w FI C1VrN min 11T MW AM N WA Or 0"ICS "IS DIAT OF - - X47, 61 $7.671 e PLANNING & DEVELOPMENT DEPARTMENT Notary Publiv, a e of Tex" G G & A Consultants,, Inc. 4 i JERRY r,1~MPl, N Low SJMYMM, Po. box 174` r,o, r,a • ~e.wMs, 7*0 KW91 All lot tlbrnern are not with 1/2" iron rods unless 414 .J6b'"12 t, WI 5PvtLA.6 T "b 1500 (214) 744 ~ 1 2u otherwise noted. b o~ ORIrMt I~; C w City of Denton City Council. Minutes 3 9 August ~s 1992 Page 3 property which were not generally common to ut'~ier properties; (3) the special or peculiar conditiors upon whi-h the requea t was based did not result from or was not created t,y the owner's or any prior owner's omission. There were a o+--,ber of Issues which the commission took into account for whli-, hey `eit. there were enough conditions to approve the variance. Tviossi inc:l,ldod the fa-.t that there would be a large number of rela`-ively large trees W, ..h might be removed or damaged if the sidee::alk were- 1,uilt w' .:h would decrease the character of the subdivision, the p,: ,,erty was currently a long way from any existing sidewalks ar, a long way from being within the city limits of Denton. T2L! C,.-aission also noted that the sidewalks were not required ciong ( Enid Hill and building the sidewalks for four lots would not a"d much to the public interest. There were only a few lots to be served. It was unlikely that the cul-de-sac would be extended or linked up by other streets and thus other sidewalks. The Mayor opened the public hearing. Jerry Campbell, developer and owner of the property, stated that this property was on the far southern end of Denton's ETJ. The i shape of the property limited the design of the cul-de-sac. Ile asked the Council to approve the variance. No one <;poke in opposition. The Mayor closed the public hearing. Brock motioned, Hopkins seconded to approve the variance. On roll vote, Bruck "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The council held a public hearing to consider the final replat of the Minter Addition plus 18.52 acres of unplatted land into Lots It 2, 3 and 4, Block A of the Minter Addition. The 20.2 tract was located north of Morse Street and east of Newton Street. (The Planning and Zoning commission recommended approval, 5-0, at its August 12, 1992 meeting.) Prank Robbins, Executive Director for Planning, stated that four lots would be created with this replat, the largest would be a lot for the DISD's new school. Lot one was a replat where theo:e was an existing house. Part of that area now in lot one would bra part of the school. Lot three waz•, the existing ALICO warehouse and distribution building. Lot four was an access way and would be a utility easement. There was much infrastructure which was required. There were two i'undamental issues - one was where the / k L y~ A City of Denton City Council Minutes August 18, 1992` Page 4 lots were located and the usnd the second was the r the age °f the lots and infrastructure fo in found the location. The plan n the Code of Ordinances pla and and t be in compliance ith tore commended Council alpprovhalaptQrZ34log The Mayor opened the . public hearing, a Bill Coleman, representing the DISD, spoke in favor of the request. purpose of the plat was to brin the Th . The configuration of the property representedarfive of into compliance Some of the easements, which ran through parcels d property. would be abandoned as soon as the newhutiliti es i° re the place. ' Willie Hudspeth spoke in o parcels of land to the DISDpf r what it hadtcost himtand in fact, last part of the money he had gave the not realize where the driveway was to acquire the property, the drivewa going to be and did not realize to build his hwou ome endanger the trees in the area where he wanted The issue. He wanted tosave Sa pecan ttree kwhich wouldeha el to the removed with the proposed driveway, He had also discovered that four thirty foot post oak trees would also have to be removed and two other 35-40 foot post oak trees would have to be removed depending on where the street was turned. He asked the council to help him save the trees which might possibly to be endangered. The Mayor closed the public hearing. Mayor Pro Tem Hopkins stated that as long reason, the council did not have the right to there re was no legal the State defined the. t r al e g reasons for any type of lat and Ie denial, Robbins replied that that was correct. council Member Miller asked if the plat dealt with the buildings and driveways, placement of Robbins replied that the intention of one of the lots, which went to ALICO, provided 30 feet of frontage on a public street. idea of the shape of the lot was that it might be where the drivewa was The y placed, A driveway could, be placed there and it could be shared with others. The acces, did not have to go there but it own couldtsay that access could ore coopportunity to do uld not be allowed . as they else the lot, they ow;.ed k City of Denton City Council Minutes ~~l 9 Y August 18, 1992 Page 5 Miller motioned, Hopkins seconded to approve the replat. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry ."aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance amending Planned Development No. 26 by modifying the boundary measurements and the total area enclosed from 2.592 acres to 2.794 acres, rezoning approximately .278 acres from single-family (SF-7) district to Planned Development No. 26. The A site fronted on Newton Street, north of Wilson Street and was north of Morse Street. (The Planning and zoning commission recommended approval, 5-0, at its July 22, 1992 meeting.) Z-92-017 Frank Robbins, Executive Director for Planning, stated that this reconfigured the boundaries of PD-26. It adopted the same conditions and same site plan as the existing PD-26 had. Approving the ordinance did ^ot change or enable any more building. it merely changed the configuration of the area. He indicated the configuration of the area and where the trees in question were located. Lot 4 was an undevelopable lot and could be used for access and easements. Nothing could be built on it unless it were combined with other lots. If the required 24 foot driveway were built all on the northern portion of lot 4, then two protected trees and three non-protected trees would be lost. That was one alternative but was not the one proposed. The Planning and Zoning Commission did not recommend a specific driveway location. where the driveway was placed could possibly be worked out with the interested parties at a later date. The Planning and Zoning Commission added a condition that for every protected tree which was removed, four other trees would have to be planted and placement of those trees would be approved by the Planning and Development Department. He had a number of alternative locations for the driveway. The location of the driveway was not part of the recommendation from the Planning and Zoning Commission. The Mayor opened the public hearing. Bill Coleman, representing the DISD, stated that the reason for the zoning change request was due to the change of the existing driveway. The existing driveway would be under the proposed school site. The site was very difficult for placement of the building as there was not enough frontage on Newton Street for an elementary school. When the DISD discovered that the driveway would have to be moved, it approachod ALICO and asked permission to move the driveway. At that time, it was proposed to move the 24' driveway to the north 20' of the school district's property. During the course of development, it was discovered that 30' of frontage was \ r VFW \ 1 City of Denton city council Minutes August 19, 1992 Page 6 needed on a cul-de-sac. As the access to the Hudspeth property became an issue, the DISD agreed to create lot 4 which was a 301 lot which could be used to combine with the Hudspeth property to provide that property with access to a public street. The architect indicated that the further south the driveway was moved, the more it infringed on the school site. It had been the goal to locate the driveway with a minimum of concern to all those involved. One of the issues was a drainage problem. By locating the driveway further to the north, there would be less grading coming off the school building as its pad and finished floor elevation was higher than the surrounding grade. The idea was to build the driveway so that it would exist at, natural grade and water would flow over the driveway rather than having to install a culvert. It had been the plan all along to put in a driveway which would take out as few trees as possible. He asked that since the zoning change was to only reconfigure the outline of the existing PD-26 that the PD be left' as it was and had no doubt that a driveway location could be worked out suitable to all parties at a later date. Council Member Perry asked how far it was to the street from the corner of the school where the sidewalk would be. Coleman replied that the distance from the corner of the school to the south line of lot 3 was approximately 15 feet. A fence would be built in the area along the property line. Council Member Smith asked if the DISD owned lot three and lot four. Coleman replied yes. Council Member Smith asked if the roadway was 20' wide into ALICO. Coleman replied it would be 24' and the DISD did not own lot three, only lot four. Council Member Smith asked Coleman to review the problems with locating the driveway on lot four. Coleman replied that there were several large trees which would probably be damaged. He detailed an option to the driveway location. Council Member chew stated that there was an option to go around Ti the large pecan tree. Coleman replied yes that there might be a way to go between the City of Denton City Council Minutes August 18, 1992 Page 7 pecan tree, the oak trees and the fence. A number of different alignments had been looked at in an effort to save as many trees as possible. Mayor Castleberry stated that any alternative would destroy several trees. Coleman replied yes that there was no way to put the driveway in without losing some trees. The DISD was more than willing to replace the lost trees. The driveway was ALICO's driveway and the DISD was replacing it in order to build the school. Willie Hudspeth spoke in opposition. He stated that a question had been asked if a way could be found to deny the first plat according to any State law. He asked if the Council did not have the opportunity to change a plat, why was the Council listening to the item. He felt that the DISD and the City Council were "big giants" and had many ways to not help. He had negotiated with Mrs. Minter to sell the property at a price the DISD could afford, he had negotiated with Mrs. Pitner to sell her property at a price the DISD could afford, he had negotiated with ALICO to allow the driveway to be moved, and he sold his property to the DISD at a price it could afford. He asked the Council to help him with his trees. He was filming the meeting as he felt the Council would do nothing to help him. The tape was documenting that the oak trees would not be harmed and the pecan tree would not be harmed. Someone was telling the council that those trees would not be damaged. Very seldom did the Council do something to help southeast Denton. Every Tuesday he would be present at the Council meeting asking why didn't they do something to help him with his trees. y Council Member Chew stated that he lived in southeast Denton and always had and did not have trees in his yard. He was not looking for a way to get out of helping Mr. Hudspeth. The council was restrained in some instances by state law. Mr. Hudspeth had served on the School Board and he knew some of the legal restraints which the Council and the DISD both had to operate tinder. Council Member Brock stated that in the 1960's she had helped to organize the group which went door to door in southeast Denton when the streets were all mud and dust and got an agreement worked out with the City to get the streets originally paved. It distressed her to hear Mr. Hudspeth say that the Council did not care about southeast Denton. she asked if the pecan tree was originally on Mr. Hudspeth's property which he sold to the School District. Hudspeth replied yes. 4 h City of Denton City Council Minutes August 18, 1992 Page 8 Council Member Brock asked if the tree had been on the property which he sold to the school District. Hudspeth replied yes, Council Member Brock stated that Hudspeth originally stated that he had given the property to the school District and at his second appearance, he stated that he had sold the property. Hudspeth replied that he had sold the property for the same amount of money that he had paid for the property. He made no profit on the sale. Council Member Brock asked if Hudspeth was on the School Board at that time. Hudspeth replied yes. He asked why southeast Denton restrooms in the parks were the only ones which did not work in the City. Council member Chew stated that there were working very recently. Mayor Castleberry stated that City crews were there working on the restrooms and the lights at the park. ` Council Member Brock stated that it was appropriate when there were those types of problems to speak to the Council regarding those problems. Rather than allege that the Council did not do anything regarding those problems, he should make a presentation to council regarding his concerns. Council Member Chew stated that after Mr. Young had made a - presentation regarding the park, he and Council Member Perry made an inspection of the park and items were being corrected. The Mayor closed the public hearing. Council Member Miller asked where the pecan tree was located. Robbins indicated on an overhead where the tree was located. Council Member Miller stated that the tree was located on the property which the DISD bought. Robbins replied he dial not have first hand knowledge of that and would have to rely on Mr. Hudspeth's comments. Coleman replied that It was part of the DISD property. . 1 1 1 City of Denton City Council Minutes August 18, 1992 / Page 9 Council Member Miller asked where the existing driveway was located. Robbins indicated the driveway location on an overhead. Mayor Castleberry stated that the pecan tree was owned by the DISD. Robbins stated that it was on lot three which was owned by ALICO. Coleman indicated on an overhead where the tree was located and how the DISD had exchanged the property with ALICO for the driveway relocation. The pecan tree was on lot three which was ALICO property. Council Member Miller asked about Alternative B. Robbins showed an alternative which would save the pecan tree but take out other oak trees. Council Member Miller asked if there would be problems with Alternative B. Robbins replied that it would take out too many trees close to Hudspethts property. It would reduce the screening on the property. A driveway further south would save the pecan tree and would provide proper screening. Council Member Miller stated that the Planning and Zoning commission had approved the plan with the condition that the driveway would be worked out with all the involved parties. Robbins stated correct as there were too many issues to sort out. Debra Drayovitch, City Attorney, asked if the site plan went back to the Planning and Zoning Commission for ultimate approval of the site plan. Robbins stated that the council was approving the site plan with no driveway location. There were no conditions for the driveway other than the tree removal condition. Mayor Pro Tem Hopkins stated that the council was in no position to mal.a a decision regarding the location of the driveway. All the Council could do was to expect the DISD, ALICO and Mr. Hudspeth to workout a solution to the placement of the driveway. There would have to be some give and take on which trees would be removed and which trees would stay. She felt that the Planning and Zoning Commission made a wise decision and the property owners needed to Nll- City of Denton City Council Minutes Q ~fl August 18, 1992 Page 10 work out a solution. Council Member Perry felt that there was enough basis to believe that the parties concerned could would out the best possible solution. Council Member Smith agreed with Mayor Pro Tem Hopkins and Council Member Perry that the Council could not make the decision on where the driveway would be placed. She hoped that all parties involved would work together to solve the problem. The following ordinance was considered: 92-132 i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, CHANGING THE ZONING DISTRICT CLASSIFICATION FOR 0.278 ACRES OF LAND LOCATED ON THE 1 EAST SIDE OF NEWTON STREET AND APPROXIMATELY 580 FEET NORTH OF 1 MORSE STREET FROM SINGLE FAMILY 7 (SF-7) TO PLANNED DEVELOPMENT (PD) WITH CONDITIONS; ADDING THE REZONED PROPERTY TO PLANNED DEVELOPMENT NO. 26; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to approve the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance rezoning .396 acres (two tracts of .150 and .246 acres) from Planned Development No. 26 to single-family (SF-7) district. The tracts were located east of Newton street and north of Morse Street. (The Planning and Zoning Commission recommended approval, 5-0, at its July 22, 1992 meeting.) Z-92-018 Frank Robbins, Executive Director for Planning, stated that this was a rezoning from PD to SF7. The Planning and Zoning Commission had unanimously recommended approval as it was in accordance with the Denton Development Plan. The Mayor opened the public hearing. No one spoke in favor. Willie Hudspeth spoke in opposition. He felt that the Council was saying to him that it was not their problem and he should go away. As a political office holder, he had covered his seat, The Council y ~I 1 led City of Denton City Council Minutes August 18, 1992 r Page .11 I could not hold him accountable for what~he had done. He had found a way to vote in such a way that he had removed the blame for whatever happened from this point on. He felt this would happen from the beginning. He thanked the Council for allowing him to speak to them on the issue. The decision had been made to split the property so that the school building process would not be slowed. Some Of the trees were small and they were not in question. The larger trees were in question. He stated what he thought was true, he had gained more information and he would be r' back on the southeast Denton oark. Council Member Brock asked where Hudspeth would like the driveway to be located. Hudspeth indicated on an overhead where he would like the driveway to be lo;:ated. He would lose the pecan tree with that location but he would accept that compromise. Council Member Brock stated that before he was willing to compromise, where would he likr, the road to be. Hudspeth stated where it was proposed and move south of the pecan tree. There was enough room to turn the driveway and save the pecan. council Member Brock asked what that would do the school. Would it have to be moved, Hudspeth stated that the school would not have to be moved. He knew that the parking lot could be moved to the south and move the footprint of the school. His compromise was to give up the pecan tree if more trees were given to make up for that tree, The Mayor closed the public hearing. Council Member Smith asked that if the pecan was taken out, then how many trees did the DISD have to plant. Robbins replied four trees to replace that pecan. Any removal of a protected tree would require four new trees. The following ordinance was considered; 'If-IS City of Denton City Council Minutes August 18, 1992 Page 12 92-133 , AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM PLANNED DEVELOPMENT NO. 26 (PD-26) TO SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.396 ACRES OF LAND IOCATED ON THE EAST SIDE OF NEWTON STREET AND THE NORTH SIDE OF MORSE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance, On roll f vote, Brock "aye,', Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried j unanimously. E. The Council held a public hearing and considered adoption of an ordinance amending Chapter 26 of the code of ordinances to establish a stormwater drainage utility system; adopting Subchapter C of Chapter 402 of the Local Goveinment Code (Municipal Utility Drainage); and declaring drainage to be a public utility. (The Public Utility Board recommended approval,) Lloyd Harrell, City Manager, stated that the Council had studied this issue in a work session and this was the first step in carrying out the recommendation of the Committee which was to formally create the storm water utility. The Council would decide at a later date whether to implement the fee which would first require a public hearing and a detailed study regarding the structure of the rates. Bob Nelson, Executive Director for Utilities, stated that this ordinance was a continuation of a process started two years ago. The process was started ^s a result of the EPA's Clean Water Act which required municipalities of over 100,000 population or more to comply with new water quality standards, more specifically storm water quality. As a result of the increasing state and federal legislation and regulations, municipalities were hiving to address water quality issues. Due to the budgetary constraints being placed upon municipalities to comply with the regulation, the Legislature passed legislation enabling municipalities to establish drainage utilities, The Public Utilities Board recommended setting up the utility but not to implement the fees. This was the first step of formally setting up the storm water utility. The Mayor opened the public hearing. Bob Coplen spoke in favor of the ordinance. He stated that the committee was organized in December of 1990. Phase one was to make 3 City of Denton city council Minutes August 18, ?.992 Page 13 utility. Phase two dealt a decision of whether or not to form a of the issue was stu The reason for the A within the next two, 1 with the fee structure. romp a fee it was felt that f De ton to y with the the clean Water Aat. Could not agree on years, would require cities the size environm The Committee federal new mental regulations. Committee looked at f recommendation. The Comulations, current state lfhesconclusion regulations, storm water reg garding this issue. ursue what other cities were doing re There was much debate was that the Public Utilities Board and City Council should p The pity' tion of thorf e, it until the Pding the time frame storm for water i impiimenta993, 1994 regarding lit for implementation in erwas difficult Committee was split C°ncns of the came mandatory. This was due to twouldccos tax t~t it be equal to and the fee for the to determine how mach the utility commit teewowere uld beaba d on impervious sCommitturfe bee The the fee. property to assess the fee, only fair way equal amount to the property tax be reduced in an that the the Committee concluded that way to Council tofmae separate adrasked inag whe utility would be forming s o£ the FPA. deal with the new requirement only way to accommodate the Coplen replied that it was the ht be costly and could potential cost. The EPA requirement. might competitive. of forming a council Member Brock asked what was the advantage i of tlme, Why not wait until the fee was needed ' d uti•ity ahead form the organizati-Dr „ y Coplen stated that it was a way to prepare for the operation of the utility. utility council Member Brock repl',ed that i was assumed that the would involve some type of Special the replied that it did not have to be but offered I Coplen opportunity. the fee was based only on stated that if ro arty tax, would Council Member Brock a an increase in some impervious surface and there was homeowner reduction eductihe on pin p landowner out pay would receive a windfall in new fee• instanceG whereas a large owned property tax reduction with aving who s to a v affected by pennies aperson lied that it onlA It would not be a large in the Coplen rep 0000 or less. to treat everyone fairly a home $1The only Common thread ' landowner. ti \d f City of Denton City Council Minutes August 18, 1992 Page 13 a decision of whether or not to form a utility. Phase two dealt with the fee structure. The reason for the study of the issue was the Clean Water Art. It was felt that the EPA, within the next two years, would require ,ities the size of Denton to comply with the new regulations. The Committee could not agree on a fee recommendation. The Committee looked at federal environmental regulations, storm water regulations, current state legislation and what other cities were doing regarding this issue. The conclusion was that the Public Utilities Board and City Council should pursue the establishment. of a storm water utility. There was much debate regarding the time frame for the implementation of the fee, The Committee was split for implementation in 1993, 1994 or until it became mandator-. This was due to the fact that it was difficult to determine how much the utility would cost. Concerns of the Committee were that the fee was equal to a tax and the fee for the property would be based on impervious surfaces which would be the only fair way to us:ess the fee. The Committee recommended that the property tax be reduced in an equal amount to the fee. Council Member Brock asked why the Committee concluded that the forming of a separate drainage utility would be the only way to deal with the new requirements of the EPA. Coplen replied that 1.t was the only way to accommodate the potential cost. The EPA requirements might be costly and could be competitive. Council Member Brock asked what was the advantage of forming a utility ahead of time. Why not wait until the fee was needed. Coplen stated that it was a way to form t'ze organization and prepare for the operation of the utility. Council Member Brock replied that it was assumed that the utility would involve some type of special fee. Coplen replied that it did not have to be but offered the opportunity. Council Member Brock stated that if the fee was based only on impervious surface and there was a reduction in property tax, would that riot mean that a small homeowner would pay an increase in some instances whereas a large landowner would receive a windfall in property tax reduction without paying the new fee, Coplen replied that it only affected by pennies a person who owned a home of $15,0000 or less, It would not be a large savings to a landowner. The only common thread to treat everyone fairly in the A 7 City of Denton City Council Minutes T August 18, 1992 Page 14 city was impervious surface. The Committee was trying to make the fee 100% fair. Council Member Brock replied that single family residences would have an additional $18.00 per year. Coplen replied that if the fee would be :implemented today, an overall average number would have to be used. Council Member Brock asked if the data were being processed now. Lee Allison, Director of Water Engineering and Operation, replied that the data was nct being gathered as of yet. The GIS data was being collected. There were many variables to deal with to refine the data. Council Member Brock asked if a good deal of the data would come from GIS. Coplen replied yes. Council Member Smith asked about the large landowner who had no imperious surface. Would his taxes be reduced if the ad valorem taxes were reduced. Coplen stated that the Committee recommended that ad valorem taxes be reduced by 4 cents for everyone. Council Member Smith stated that under this system, their taxes would go down. City Manager Harrell stated that currently for operation and maintenance purposes ail to pay off past drainage bonds voted by the citizens, to repla--e those funds which were now paid from property taxes would be the equivalent of 4 cents on the tax rate. If the Council changed the methodology for funding the current drainage effort and shifted that to a fee basis as opposed to a property tax, it would translate for a residential unit into approximately $1.50 per month in storm sewer charges and a reduction of 4 cents on the tax rate to make that switch, When the City reached a point where it had to deal with EPA regulations and if the funding source were not broadened, there would be a large increase in property tax in order to fund those requirements. In Denton there was a problem with the amount of property which could be taxed. The theory was to be able to spread the cost to more people who contributed to the storm water situation, much future discussion would have to take place regarding the fee structure. This ordinance allowed the utility to be in place when the council TLy I i I city of Denton city council minutes August 18, 1992 Page 15 was ready to proceed with the fee. Council Member Perry stated that he could decide on the utili-y if he had all of the facts together including the fees and how it would effect everyone. He did not want to proceed in steps but rather proceed as a whole. Mayor Pro Ter. Hopkins stated that the fee structure would not be acted on now. It would be at least a year before the data would be gathered. When the EPA told the City to proceed with the requirements, what the Council voted on might have changed. It was not practicable to establish the utility at the same time the fee structure was initiated. The Council would be voting on whether to establis fee in the was the only fair waytto manage the requirements. Mike Cochran spoke in opposition to the utility. He stated that he had done some research on the issue and another fairness issue was the way the fee structure would place an unfair burden on the smaller homeowner. Dallas and Fort Worth had the program outlined and was monitoring sites in dry weather and in wet weather. It was probable that the EPA regulations would be required, but there was no definite time frame. He felt that there would be a number of people who would profit from the fee structure as it was proposed. owners of large rental units would have the burden taken off and it would be put on the renters. The Mayor closet] the public hearing. Council Member Miller stated that one of the issues seemed to be the appropriateness of the timing of establishing the drainage That utility system. Tln process, t t Nowtwaslthe htiret to begin would be a long involved establishing data for the process of determining the fee structure. A high priority of the Council was long range planning. This was the kind of instrument which did not cost to implement and would be vital in the future. The Council was continually concerned with This twould provide provide for the City. income of msetax rvices being needed major the kinds valorem another avenue. Council Member Brock asked how much activity would be required in the Utility Department to gather the needed information. Nelson replied that if the Council established the utility, the to gther that data. Without the not need gatherin of the staff would , staff proceed might with the utility T `J city of Denton city Council Minutes August 18, 1992 Page 16 Council Member Brock stated that if the Council decided to establish the utility, it could not change that decision for five years. i Nelson replied correct. Once established there was a five year time frame before it could be dissolved. The time limit would begin when the fee was established. Council Member Perry asked if there was adequate data on hand to decide on how fair the formulas would be for the citizens of Denton, Nelson replied that there was not enough data to establish the fees at this immediate time. There was enough generic data to decide the principles of how to develop the equity of the fees. Council Member Perry asked if such data would be available a year from now. Nelson replied yes. The GIS system would be in place by the first part of 1993 and the computer would be formatted after that. Allison stated that there was sufficient data from the Appraisal District but was not interpretable to the impervious formula. It would take three to six months to interpret that information. Council be Smith asked if the utility were additional administrative expenses in theathere implementation } of the utility. Nelson replied no that it would not be operated any differently than the Division was currently operated. Council Member Smith stated that there would be no increase in personnel and administration. If implemented and the fee instituted, the money would be used to replace the money the City was currently using for drainage. Nelson replied yes. Mayor Castleberry stated that the city would be looking ahead as other cities had. This was a way of proceeding in a step process and would not be rushed when the regulations became required. Miller motioned, Hopkins seconded to adopt the ordinance. on roll voteBrock 'tnay", Miller "aye", Hopkins "aye", Smith "nay", chew "nay", Perry "aye", and Mayon Castleberry "aye". Motion carried with a 4-3 vote. City of Denton city council minutes August 18, 1992 ~J Page 17 1 The Council took a brief recess. After the recess, the Mayor indicated that there had been an error on the last vote regarding the storm water utility. He read the requirements needed to reconsider an item which included a motion, second and vote to reconsider and a new motion, second and vote on the item. Perry motioned, Chew seconded to reconsider the establishment of the storm water utility. On roll vote, Brock "aye's, Miller "nay", Hop:;ins 'Pnay", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "ayell, Motion carried with a 4-3 vote. Council Member Perry indicated that the vote war, not correct, City Attorney Drayovitch asked if there was a problem with the voting machine. Council Member Perry replied not that he was aware. He had wanted to vote for the motion to reconsider, City Attorney Drayovitch stated that the Mayor could call for another vote. A question arose as to whether the voting machine was working properly and the Council held three test votes for aye, nay and abstain. All tests found the machine to be working properly, It was determined that the motion to reconsider the drainage W ordinance was in order and the Council could now consider the ordinance for the storm water drainage. Hopkins motioned, Miller seconded to approve the establishment of the storm water utility as set forth in Agenda Item 4E. Council Member Miller stated that he was appalled as this item had been considered at a work session r.nd all felt that it would be passed. He motioned to table the item, Mayor Pro Tom Hopkins withdrew her motion and suggested returning the item,to a work session after the budget had been completed. Miller withdrew his second. City Attorney Drayovitch stated that a motion to table would be in order and would not be debatable once it had been seconded. When the item was tabled, it would not appear on subsequent agendas until staff or council placed it on a future agenda. City of Denton city Council Minutes August 1s, 1992 Page 18 Mayor Pro Tem Hopkins seconded the motion to table. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "nay", chew "nay", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. 5. Consent Agenda Hopkins motioned, Chew seconded to approve the Consent Agenda as presented. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "ayes", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1406 - Secondary Enclosures and Capacitor B. Tax Refund 1. Considered approval of a tax refund to Moore Business Inc. for $6,864.25. 2. Considered approval of a tax refund to Stephen Irving/CTX Mortgage company for $689.58. C. Plats and Replats ~ 1. Considered the preliminary replat of Lot 3, Block A into Lots 3A, 3B, 3C and 3D, Block A, of the Canyon Bluffs Subdivision. The 14.5 acre tract was located in Denton's extraterritorial jurisdiction fronting on Orchid Hill Road. (The Planning and Zoning Commission recommended approval, 5-0, at its August 12, 1992 meeting.) h 6. ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid #1406) The following ordinance was considered: 9 /il.~.~'7! 7 7 l9~ City of Denton City Council Minutes August 181 1992 Page 19 92-13A AND AWARDING A AN ORDINANCE COMPETITIVE AIDS SUPPLIES OR ACCEPTING MATERIALS EQUIPMENT, THEREFORE; CONTRACT FOR THE PURCHASE OF E SERVI XPENDITURE OF FUNDS CES; PROVIDING FOR THE DATE. DING FOR AN EFFECTIVE On roll AND PROVI ordinance* 11 ' chew Smit motioneCarried iller chew motioned, Brock seconayeutoHopk ins t aye"it I 'l vote, Bock "a aye" ye" M and Mayor Castleberry aY i,y u , Perry roving I unanimously. ion of an ordinance app Co COunc'l B, Theand releasers in ereC a 5° aLll & Associates a settlement o£ D___eto, The following ordinance was considered: 92-135 TEXAS, APPROVING T}NiE THE CITY OF DENTON, RELEASE CITY OF_ AN ORDINANCE OF MANAGER TO EXECUTE A V. THE AUTHORIZING THE CITY SMALL & A5S CIATES I C. VE DATE- MATTER OF R. AND DECLARING AN EFFECTIon roll DENTON TE AS; to adopt the ordinance. ll Chew Smith seconded aye Hopkins "ayay'uSmiMo I+tiayonecarried u e , Miller on Brock m otioned, le ' or Castleberry " e ' vote, Bock a ay " and May l+aye roving unanimously. adoption of an ordinance app C. The Council o jai rc III that p the certified app Finance, stated the the 1992 rolls j from Executive Diraeccept the appraisal john McGraWo officially ordinance would raisal District. Denton Central App The following ordinance was considered: 92-136 ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1992 APPRAISAL ROLL AND PROVIDING FOR AN EFFECTIVE DATE . AN roll led to adopt the ordinancela On yelte Chew Hopkins motioneddfchew s c'onc, Hopkins "ayellI Smith tion carried vote, Brock a aye,,, and Mayor Castleberry "aye 140 ,iayeu~ Perry unanimously. . T{{ 9 F:7 ~1 f1 i)i1 16. 'a?. 11'7111 C City of Denton City council minutes August 18, 1992 Page 20 The council considered adoption of an ordinance or to execute an agreement with Carter & Dauthorizing the Mayor architectural services Burgess, Inc. for professional engineering/ related to the renovation of the Civic Center Pool. Janet Simpson, Park Planner, stated that the ordinance renovation provide professional service businessesv would be involved ointhe for Phases 1A and 1B. Lol renovation. The following ordinance was considered: 92-137 J EXECUTE AN AGREEMENT AUTHORIZING THE MAYOR AND CARTER &O BURGESS; INC. RELATING 1 AN ORDINANCE SWIMMING POOL; BETWEEN THE ~ TO THE THE EXPENDITUREEOFOFUNDS THEREFORE; AND PROVIDING AUTHORIZING AN EFFECTIVE DATE. adopt the ordinance. On roll "aye", Smith "aye", Chew seconded to secer "ayore"Castleberry " Brock motioned, Smith 1t/ Mill and May aye", Motion carried ay~,IBrock "a ay'e v 1+ Perry unanimously. E. The Council considered adoption of an ordinance amending provide for alternate providing Section 20-72 of iving not the ice code e of grass Ordiandnancweeed to violations and olations in one methods of g correct repeated weed and grass vi that the City may mowing without further notice. growing season by Harrell, City Manager, stated that this item had been Lloyd discussed ats aairection atrthatstime, This ordinance implementer earlier the council's The following ordinance was considered: 92'-138 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION ALTERNAT 20-72 OF OF H GIVING NOTICE)I OTCGRASS AND I WEEDO VIOLATIONS; METHODS VIOLATIONST INT ONE GR CITY Y WING SEAS NECBY RMOWINGDWIWEED THOUTN FURTHER NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE, 7 City of Denton City Council Minutes August 18, 1992 Page 20 D. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement with Carter & Burgess, Inc. for professional engineering/architectural services related to the renovation of the Civic Center Pool. Janet Simpson, Park Planner, stated that the ordinance would provide professional services for the Civic Center Pool renovation for Phases lA and 1B. Local businesses would be involved in the r" renovation. The following ordinance was considered: 92-137 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND CARTER & BURGESS, INC. RELATING TO THE RENOVATION OF THE DENTON CIVIC CENTER SWIMMING POOL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Smith seconded to adopt the ordinance. On Croll hew vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending Section 20-72 of the Code of Ordinance to provide for alternate methods of giving notice of grass and weed violations and providing that the City may correct repeated weed and grass violations in one growing season by mowing without further notice. Llod discus ed at Harrell, earlier aworkrsession. This ordinance eimplemented the Council's direction at that time. The following ordinance was considered: 92-138 Ail ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SECTION 20-72 OF THE CODE OF ORDINANCE. TO PROVIDE FOR ALTERNATE METh')DS OF GIVING NOTICE OF GRASS AND WEED VIOLATIONS) PROVIDING THAT THE CITY MAY CORRECT REPEATED WEED AND GRASS VIOLATIONS IN ONE GROWING SEASON BY MOWING WITHOUT FURTHER NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. Ty 7 City of Denton City Council Minutes August 18, 1992 Page 21 On roll Chew seconded to adopt the or 3mntth e Chew Hopkins motioned, i "ay v te, Brock "aye", miller "aye", Hopkns "ia,ya'le" Motionecarried "aye", Perry "aye", and Mayor Castleberry ay, unanimously. 7, Resolutions adopting A. The council considered approval a resolution a paratransit plan to comply with the Ameri cans With Disabilities Act. council Member Chew left: the meeting as he was a member of the SPAN Board of Directors. Catherine Tuck, Administrative Assistant, stated that this I resolution would adoptRin compl ante with ADAc requirements. ide the equir the City's transit system the tran ider Al Murdock,i Director ofnSPANulhad the foresight bon how ADA pla .was P would affect Denton ADA Advisory Committee e was formed top regulations. review the ulations. requirements of the plan and conducted public hearings on geeeplan. mber SPAN already exceeded the requirements of ADA. Beginning September I an hour extension ftrothe lleydemand ridesr wouldebeHavailablewfordthe available, half price handicapped and senior citizens, and reservations for rides could be made over the weekend, The following resolution was considered: R92-043 PARATRANSIT PLAN'; T AND CPROVIDING E AN EFFECTIVE ' TEXAS ADOPT Perry motioned, Hopkins seconded to approve the resoluti on'ayeOn roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith Hoye", Motion carried Perry "aye", and Mayor Castleberry unanimously. B,' The Council considered approval of a resolution temporarily closing charlotte Street from Bonnie Brae street to ,`_venue H on August 28, 1992 from 4:00 p.m. to 8:00 p.m, for a neighborhood block party. Council Member Chew returned to the meeting. City of Denton City Council Minutes August 18, 1992 Page 22 Catherine Tuck, Administrative Assistant, stated that the resolution was before Council several months before for a similar event, The DIED, Denton Police Department, LULAC and the United Way had been instrumental in bringing these services to the citizens in the area. Mayor Castleberry asked if this was a totally residential area. Tuck replied yes and that police officers would be at the barricades to allow residents access, The following resolution was considered: R92-044 RESOLUTION AND TEMPORILY AVENUE CLOSING H ON CHARLOTTE FRIDAY, AUGUST BONNIE BRAE STREET 28F 1992; AND PROVIDING AN EFFECTIVE DATE. roll Perry motioned, Smith seconded to approve the Iresolut oln. On Chew vote, Brock "aye", Miller ayeI, Hopkins "aye", mith aye", "aye's, Perry "aye", and Mayor Castleberry "aye". Motion carried 1 unanimously. 1 C. The Council considered approval of a resolution y Street a.m,. b to ~ 500 ep.m. fo cka my e 1992, from 7:00 from on October 24, Muscular Dystrophy basketball tournament. Catherine Tuck, Administrative Assistant, stated that this request was from the Muscular Dystrophy Association and the State Club. A beproceeds to three-on-three basketball tou ensent would be held with go for muscular dystrophy no bands playing outdoors. The tenants and property owners were indicated on the petition. The property owners signatures were not on the petition. A letter from Todd Kerr indicated that he had contacted the property owners and had not received any opposition. Mayor Pro Tem Hopkins felt that this was differe;it from a residential request. She had had several calls from area homeowners against this request. This was the area where,. the police department had problems in the past. She wondered how much money would be going to the Muscular Dystrophy Association, The charity probably was getting very little money from this. She wanted to handle the up ter the know that situation. There o was nothing department indi ated about c l clean to t event. 7 City of Denton city council minutes August 18, 1992 Page 23 Mayor Castleberry indicated that speaker cards had been received on this item. Todd Kerr indicated that he was a business owner in the area. Fie felt there was a positive change occurring in the area. He asked for permission for closure of Avenue A to erect basketball goals in the area for the three-on-three basketball tournament. There would be groups from age 10 to an over 40 league. The event had been designed after Hoop It Up leagues. Businesses in the area were receptive to the idea. Strong support have been received from everyone including the police department and the police bike " patrol. First State Bank was supportive. The goal was to raise over $100,000 through corporate sponsorship. He did not handle any of the funds but rather Muscular Dystrophy took care of all of the money. Some of the sponsors included WFAA Channel 8, 94.5 Radio Station, the Denton Record-Chronicle, and Merrill Lynch. Council Member Miller asked how much money the event hoped to raise. Kerr replied $100,000 through corporate sponsorships. One hundred percent of the money would go to MDA. An account had been opened at the First State Bank. Council Member smith asked how many people would participate. Kerr replied that a minimum would be about 100 teams with 4 players per team with a maximum of approximately 500 teams. This would be „LLB a small event in first year, Mayor Castleberry indicated that he did not know he was on the Committee for this event. Kerr replied that he had agreed to be an advisor to the Committee. Holly Kerr indicated that she had spoken with the Mayor about being an advisor to the Board. Mayor Castleberry asked the City Attorney if he would have to abstain from voting. City Attorney Drayovitch replied that if he was only in an advisory role and as he was not aware of actually being on the Board, the Mayor would not have to abstain, Matthew Feldman pointed out thet the purpose of the event was to raise money for MD. They had support from WFAA Channel 8 and the Denton Record-Chronicle. This was a legitimate purpose and had a 1~4 P ~i City of Denton City council, Minutes August 10, 1992 Page 24 i legitimate goal. The purpose of the event was to bring the area together. There may be problems in the area at night but not from this event. Soventy six cents of every dollar would go to MD. Mayor asked if written permission had been received from property owners in the block. Tuck replied that there was a written letter from Todd Kerr indicating ho had verbal permission from the property owners in the area. There were no actual signatures. r; Mayor Castleberry expressed concerned regarding the closure due to the lack of signatures of the property owners and the problems associated with the area in the past. fie felt it left the City open to possible problems. He asked about UNT access. Tuck replied that UNT had access on Hickory Street. Mayor Pro Tem Hopkins asked if the list of people noted in the agenda back-up included the lessors if not all of the property owners. Tuck indicated permission had been received from the business owners but not necessarily the property owners. The following resolution was considered: R92-045 A RESOLUTION TEMPORARILY CLOSING A PORTION OF AVENUE A BETWEEN MULBERRY STREET AND HICKORA STREET ON SATURDAY, OCTOBER 24, 1992) AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Miller seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. 8. The Council considered a motion to approve the 1992-93 hotel/motel tax recipient budgets as presented and submitted to the City Council. John McGrane, Executive Director for Finance, statsd the City was required by both state law and contracts with the agencies which received hotel/motel occupancy tax to approve their budgets prior to receiving any money. The Council had prior presentations in a work session on those budgets. `I City of Denton City Council Minutes August 18, 1992 Page 25 I Council Member Chew stated that the Council could not change the bottom line but could change line items. He had a problem passing any budget that had a salary Increase when the Council was considering not giving City staff am, increases. McGrane indicated that the contracts with these organizations indicated a certain percenta:3e of the hotel/motel tax the agencies would receive. However, it also stated that in accordance with State law, prior to receipt of those funds, the Council had to approve their budgets. The Council could ask the agencies to resubmit their budgets. City Attorney Drayovitch stated that the contracts prc~, -'ed that no payment would be made unless the Council had apr.ved their budgets. Council Member Chew stated that if the Council did not approve the budgets, the agencies would have to submit another budget. City Attorney Drayovitch replied yes. Mayor Pro Tem Hopkins asked if the figures were different from the ones presented at the prior work session. McGrane replied that the documents were the same as presented in the work session. Council Member Chew stated that that meeting had been for receiving information. After looking at the budgets and the various items included in them, he felt it was not in best interest for the Council to approve other salary increases when the Council was considering freezing city employees salaries. Chew motioned, Perry seconded to send these budgets back to the various entities and let them amend their budget to reflect no personal services increases. on roll vote, Brock "nay", Miller "nay", Hopkins "nay", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. 9. Miscellaneous matters from the City Manager. A. The council received the nine-month review of the 91/92 city budget. John McGrane, Executive Director for Finance, stated that the proposed budget had estimates on how the departments would end the fiscal year. This was an update on that figure done on a nine month time frame and projected on how the various departments would r Iwo / j 3 City of Denton city council minutes August 18, 1992 Page 26 end the year. He indicated that revenues were coming in under budget which meant that they estimated not receiving as much revenue as projected. Expenditure budgets were well under the estimate but not enough to offset the loss in revenues. The primary concern in the revenue area was in the fines and fees area related to the fees collected through the Municipal Court system. Decisions had been made regarding the collection of those fees which had had a great effect on that revenue source. It was estimated that Facility Management would be $45,000 over budget due to the renovations to the Moore Building which were done in conjunction with the Morrison lease. A year end adjustment ordinance would offset that amount. The Fire Department was over in expenditures due to the overtime problem in the department. There was $37,000 over budget in the miscellaneous area due to the increased collection of the hotel/motel fees. There would be an offsetting increase in the revenue side of adjust for that. The bank franchise tax had been budgeted for $35,000. The City would be receiving zero in that category as the state legislature took that revenue source away from municipalities. Engineering services had a decrease due to some projects which were put on hold. The Electric fund, due to cooler weather, was under, budget for revenue. To offset that, the expenditure budget was well under budget so the account would end in a positive figure. The weather had the same effect on the water fund with revenue down but expenditures were also down and a small excess of expenditures over revenue was expected. The wastewater fund had the same situation. sanitation showed a deficit due to the commercial area and the law suit which was in progress during first part of the year. ` Council Member Perry asked about the commercial garbage fees, i McGrane indicated that the deficit was due to the City's delay in taking over the exclusive provider service due to the lawsuit, S. Harrell indicated that there would be a luncheon on Wednesday to honor the JTPA students who had worked for the City this summer. This was a reminder to Council if they would like to attend. Council considered Work Session Item #2, 2, The council held a discussion and gave staff direction on prioritizing the status of F.M. 2499, Loop 288 extension, F.M. 2181 and U.S. 377. Rick Svehla, Deputy City Manager, stated that Council Member Miller and he had a meeting with COG regarding the Intermodal Surface Transportation Efficiency Act. COG along with the Highway a city of Denton City Council Minutes August 18, 1992 Page 27 Department would make a number of choices as to which projects would be included and eligible for federal funding. Along with the Mayor, they had also spoken with the Highway Department. COG would be recommending projects to the Highway Department and the Highway Department would choose a number of projects for the Interstate System and the National Highway System. The State would choose the projects and COG must concur. The U.S. 77 project involved U.S. 380 to the truck stop. The Highway Department had indicated that they could still honor the Minute order with Section 18 money. The U.S. 380 project which was Loop 288 and F.M. 426 had been chosen to be put on the National Highway System. The Highway Department felt this project would qualify under all of the regulations for this system. Portions of U.S. 380 had bond money and would be worked on for the next several years. Loop 288 sections were on the National continuous would leftb built as a four lane project. la U.S. iv380dwould four be lane Highwa System and rebuilt as a four lane facility as opposed to a two lane facility from I35W to the Wise County line and from Loop 288 east to the Collin County line. Loop 288 was a bond project passed in 1986. In the original bond issue it was to go from U.S. 380 south to I35F and would still would be looked at under this program. This was a nine year program for all projects. F.M. 426 would be rebuilt from yan a two lane to four lane facility from Janie Street pas the RAIL High school, It was included on the National Highway System. of the above projects seemed stable and would be worked on for the next two years. In 1995 Congress would decide If the he projects would remain on the National Highway System. projects did not remain on the System, work would be stopped. other projects such as Fort Worth Drive, Teasley Lane and Highway 2499 and Loop 288 were projects which had been worked on for a number of years. Some of these projects had approved bond funds. Those projects were currently being reviewed. The City had indicated to the Highway Department that all of these projects were very important to the city of Denton and that the City had been working with the Highway Department on these projects. The City indicated that the projects would be listed as 1A. 1B. etc. rather than a 1, 21 3 order to emphasize that all of the projects were number one in the City's mind. The Highway Department stated that they had a certain amount of dollars, approximately $36 million, to spend on projects for 10 years in a 7 county area. There were obviously more projects -than available money. The Highway Department needed a prioritization of projects or parts of projects. City Manager Harrell stated that the section between Spencer to 135 could be looked at as a possible alternative when rebuilt from McKinne ersection k point h of Highway 2499 section was the setin f to prioritize. int r! I Nil Council Minutes City of Denton City August 18, 1992 Page 28 could not indicate that III of at the svehla continued that onthe e.ciThe Highway Department had indic lane. projects were number uld get done the fastest was Teasroyect as that the project which wo ro riate to indica~ha~h it should be Staff agreed that it9 seemed staff wss suggesting ur h apart the number one prjt Department tyajayt24 extend Loop 99p That would strongly stressed to the HLoop 288 toward Hig project, The third project would be U.S• 377 and the of Loop 288 and to Highway 407 to be the second prof fourth priority. left f rest of Highway 2499 would21e81a to Loop 2S8 would stills choices y 2181 and Highway Highwa projects would be unresolved. The Highway Department would like t ro City svehla stated the as soon as possible. spur Qf Loop 288 and J 1 listed as Teasley Lane 8 to riHighway 218ority1, would be second, U.S. 3-77 2499 would be last' the Extension of Loop 26 would be third and sections of Highway She Mayor Pro Tem Hopkins agreed with the ass es choice sment on which fea the sleY' Highway expressed concern with including a 2 s499 hecond ad at wthrowe priority* the whole Department had not seen. Highway ad She was concerned that a new Project list. ction received the firs288iand all svehl.a indicatedf a~ibility hstudy Y to include LOOP 288 spur. it had done a ~s included the Loop subsequent discussions had always City manager Harrell stated that the city Highway Department to hard with the ro project. The Committee and wer~olb Yyinright-of-way for the 2499 p 3 county ortant to the Highway Department as a way allow the 288 was im~5' with that situation. spur for Loop This spur would help to get relief off I35. how council member Perry asked that when the priorities were sat, to those would the C1tY be priorities. t city sent the prioritiesfsoind them the City ications lied that when the vehla Highway Department that would give the Hig choices. Part of the final decisions and would help them to make the Highway Commission. It woulJoe isimilar to would be made by rocess was dynamic, r o could be year process and p jacts change priorities once made. The This was a nine Y the City's CIP• added in the following year, City of Denton City Council Minutes !L August 18, 1992 Page 28 Svehla continued that the City could not indicate that all of the projects were number one. The Highway Department had indicated that the project which would get done the fastest was Teasley lane. Staff agreed that it seemed approprj.ate to indicate this project as the number one project. Staff was suggesting that it should be strongly stressed to the Highway Department that the spur be a part of Loop 288 and to extend Loop 288 toward Highway 2499. That would be the second project. The third project would be U.S. 377 and the rest of Highway 2499 would be a fourth priority. Highway 407 to Highway 2181 and Highway 2181 to Loop 288 would still be left unresolved. The Highway Department would like the City's choices as soon as possible. Svehla stated that the projects would be listed as Teasley Lane as first priority, the spur of Loop 288 and the Extension of Loop 288 to Highway 2181 would be second, U.S. 377 would be third and sections of Highway 2499 would be last. Mayor Pro Tem Hopkins agreed with the assessment on Teasley. She expressed concern with including a second choice which the Highway Department had not seen. Highway 2499 had always been a priority. She was concerned that a new project might throw off the whole list. Svehla indicated that when the City received the first direction, it had done a feasibility study to include Loop 288 and all subsequent discussions had always included the Loop 288 spur. City Manager Harrell stated that the City had talked with the 2499 Committee and were lobbying hard with the Highway Department to allow the County to buy right-of-way for the 2499 project. The spur for Loop 288 was important to the Highway Department as a way to get relief off 135. This spur would help with that situation. Council Member Perry asked that when the priorities were set, how committed would the city be to those priorities. Svehla replied that when the City sent the priorities to COG and to the Highway Department that would give them the city's indications and would help them to make choices. Part of the final decisions would be made by the Highway Commission. It would be difficult to change priorities once made. The process was dynamic, similar to the City's CIP. This was a nine year process and projects could be added in the following year. y I Da;f .__.9=~ .7 City of Denton City Couiicil Minutes 79 ~Y August 18, 1992 Page 29 Hopkins motioned, Perry seconded accept the ranking as presented by staff. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "ayel~, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council considered Work Session item #3. 3. The Council held a discu.,.;Aon and gave staff direction regarding budget issues for the 1992-93 fiscal year. City Manager Harrell suggested that this be discussed at the upcoming work session. Consensus of Council was to consider this item at the next work session. 10, The Council took the following action from the Executive Session held during the Work Session: A. Hopkins motioned to appoint the following individuals to City Boards/Commissions: Library Board - Jean Greenlaw Planning and Zoning Commission ° Richard Cooper Electrical Code Board - David Martin Smith seconded to appoint the named individuals. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. New Business The following item of New Business was suggested by Council for a future agenda: A. Council Member Smith asked for an update on the piano situation at the Martin Luther King, Jr, Recreation Center. Mayor Castleberry indicated that there was nothing to report at this time,. 12. The Council did not meet in Executive Session during the Regular Session. With no further business, the meeting was adjourned. z 9... i No City of Denton City Council Minutes August 18, 1992 v Page 30 BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS 3 ACCOOOAD I ' 1 1 City of Denton City Council Minutes rp4 ~y August 18, 1992 Page 30 BOB CASTLEBERRYO MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOAD I ~ ^r~r~•;1, Flo, _.___1t~ -D..r7, q.~ CITY OF DENTON CITY COUNCIL MINUTES AUGUST 25, 1992 The Council convened into the Work Session at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Smith and Miller, ABSENT: Council Member Perry 1. The Council held a discussion and gave staff direction regarding the 1992-93 fiscal year budget. Lloyd Harrell, City Manager, stated that this was the beginning step to finalize the budget. There would be a regular meeting on ~ September 1 with budget discussion and a public hearing on the budget. on September 8, the work session would deal with remaining budget issues and discussions. The intent was that the September 8th meeting would deal with remaining budget questions with formal adoption of budget on September 15. This meeting would be a review summary of responses from Council questions for the proposed budget and a time to solicit any additional questions/ alternatives for staff to follow-up for Council. There would be a review of the major budget issues which had been presented to Council at a prior meeting. The council could add to the major budget issues any other items they desired. The final point of discussion would be to review the major issues and determine if there were any tentative decisions associated with those items. Any decisions made at this point would be tentative. Suminary Of Responses To Questions 1. Reallocation of funds from the Human Servicec Committee - the Human Services Committee bid presented to council their rankings and allocation of funding. One of the budget issues and recommendations was that the amount given to the Committee last year be discounted by another percent. The Committee was asked to rank the allocations based on a 1% reduction. The Council was presented with the 1991-92 budget, the recommended budget which was the initial budget submitted by the Human Services Committee, the 1992-93 alternate budget which held the dollars constant and reallocated the amounts among the various agencies and the 1992-93 alternative budget with the 1% reduction. $114,444 was the amount included in the budget. Mayor Castleberry stated that the two new agencies which were originally requested to be added were not included in the alternative budge+. There were no new agencies with the It reduction budget. City Manger Harrell replied that the Human Services Committee recommendation was that if the Council cut back their recommended I 1 ----.9..9 J I 'S' City of Denton City Council Minutes August 25, 1992 Page 2 programs that those agencies would not be funded. Another item to ~i consider was the request from the Parkland Hospital Poison Control Services for a $6000 allocation to continue that service. The Human Services committee felt that it was a good program and the council should try to fund the program but they did not include it in their allocation. 2. Economic Development Contributions - In 1992-93 the total amount in the proposed budget for economic development was $1.8 million in annual and/or one-time contributions. 3. Pam plan alternatives/Effect-.of more licensed professional counselors on the hpalth lan Explanation. of Texas Munici al Retirement System fundin mechanismand survey of metroolex cities contribution rates - it was projected that there would be a 15% increase in health insurance. Fifty six percent of the employees covered some member of their family and would be subject to the increase in the family portion of the coverage. To compensate for the increase in family coverage, a 1-2%- increase of salaries would be needed. Alternative #1 allowed for a 1%, 2% or 3% general across-the-board pay increase for all satisfactorily performing employees beginning October 1, 1992. Alternative #2 allowed for no across-the-board increases but a partial Mercer implementation with t ree options of an average increase of 1%, 2.6% or. 3.4%. Alternative #3 allowed for an increase in the City's current contribution for TMRS from 5% to 6%, The proposed budget allowed for $108,000 which would be one-half of the cost effective January 1, 1993. -1 Mayor Pro Tem Hopkins asked if there were a way to reduce what the city paid on TMRS to give a 1% or 2% increase in employee salaries. City Manager Harrell replied that it was possible and that it was optional for a municipality to pick up a share of the contribution. This had been done in the past in lieu of a salary increase. The problem with this year was that no salary increases were proposed. If a 2% Mercer would be implemented and the employee did his own 2%, it would equal out. Tom Klinck, Director of Heiman Resources, stated that the minimum contribution was 5%. Denton was one of the few cities still at 5$. He was not sure if the contributions could be split. City Manager Harrell stated that if the Council wanted to get away from the City paying the employee share, one option might be to have the City's share be increased from 5% to 6% and then the employee would be responsible for the other 1%. Staff could supply Council with more information but it would be difficult to l~ ~y 7 i qta of Denton City Council Minutes August 250 1992 information on the page 3 that requested Program and . councier5aori the insurance this year lth pr.ovid regarding ef f ect provided. t0 Council implemeo£ ion men had been tal he" of a been given implementation ted informat had for the were implemen information amounts five tepe„ $236,000 emental with dollar If that altexnaP fire s i.lable I Suppltive~ ram. and polic.l eases were av guppor.t alternI Mercer grog matrix Mercer incr if 0ff.. partial 1992 Including be 0ctober would be December steps It for a 1% increaswould essional These Oct ldebe needed Maintenance Para p of was the wou ,YvIcel nicaI CanuarY There in steps* 3 1, Tech ent would f. be $191746. slide the dates. r' Managem would be ttovem,tonal/ difference o tion to th would save 1 each mon If e.n d Prof es. monthly and the op vide a Mercer ed a month and would pro delay lanuarY option of a partial could be begin Implementation tatio aoYea1 commitment if $1.9,746. implemen er Chew asked i beh Mercer must be Council Mem that cost weuld mp,,mente1* be $177,000 1 and if what be i would 1 would ever 00 Harringell to the cost October it were skated that of starting on the coat City Managgar January 1 and how many people implement determined be $236,000. asked how it was etc. Brock ceedss, ranking, in the Mercer Council Member 11 far available„ Category with would receive a a in variable the " the far System The computer that that was em• Klinck repl ed variable laced 1 o ercentages. percent q£igures inweth il those p the categorie, system . different salary had seen others who a ated the that counc raises until cal.cul HOpXjn, stated t receive pro Tom noothose emp~ vend ofo ale Wereinrth.att up ointootheiresalart Would and e on the low categ w linck r plied ma and it pw ule n Ye , closer to the value of included K time lump salary at pl one" }seep the which would Ve 2B e I. This Alternate Alternativ 2C job, e data as Alternat3.ve Harrell continue~ withith the same month. pledges and Manage increas would 36,DU0 neslide of in the 000, pledges city e d be iri the p an average sIidecrease with a monthly d rankdid not have those The Monthly 4% increase to the Pdule included made to add Current pay sch had been Tile fire departments. ...ate..... _ . w__,__. ti , s City of Denton City Council Minutes August 25, 1992 Page 3 implement this year, council had requested information on the effect of mental health providers on the insurance program and that information had been provided. Supplemental information had been given to Council regarding alternatives with dollar amounts for the implementation of a partial Mercer program. if that alterna ive were implemented October 1, 1992 including matrix and police/fire would be needed for a 1% increase. Mercer increases were available in steps. Service/Maintenance would be October 1, Office Support would be November 1, Technical/ Para-Professional would be December 1, and Professional /Management would be January 1. These steps would provide a monthly difference of $19,746, There was the option of a partial Mercer and the option to slide the dates. Implementation could be delayed a month and each month would save $19,746. Council Member Chew asked if the implementation could begin January must be a real commitment if 1 and what that cost would implemented. it were ever going Cit Manager Harrell mplemented January 1 and stated the t cost of starting the cost would be $177,000if i be $236,000. Council Member Brock asked how it was determined how many people would receive a "far exceeds" ranking, etc. Klinck replied that that was a variable available in the Mercer system. The variable placed 10% in the "far exceeds" category with a different percentage calculated the salary figures throughout in with t those percentages, computer Mayor Pro Tem Hopkins stated that council had seen the categories and those employees who would not receive raises until others who were on the low end of scale were brought up. Klinck replied that an employee in that category would receiv a one-time lump sum and it would not be rolled into their salary. This would peep the salary of employees closer to the value of the job. City Manager Harrell continued with Alternative 2B which included an average increase of 2.6% with the same data as Alternative 2C The monthly slide would be $36,000 p included a 3,4% increase with a monthly slide of $480000. Pledges the pol had been made to add ha steps o currenthpayo~~scuadulendidn not havecthose fire departments. V 7 City of Denton City Council Minutes J,, 9 August 25, 1992 Page 4 ~ additional pay ranks for the command people. This would be a 2% increase per step for those individuals. Council Member Brock asked if these were required increases. City Manager Harrell asked if he could hold that answer for another section. He indicated that if a partial Mercer were done and the steps added for command ranks of police and fire, there would be a few individuals who would not receive an increase in the police and fire departments. Other supplemental items presented to Council included a recap of the TMRS proposal which was a breakdown of the 1% cost effective January 1, 1993 which would be $64,981. The City's contribution would be $87,695 if it went into effect January 11 1993. If the TMRS proposal were implemented, then the Civil service employees would have to be increased by It or $82,000. The total cost would be $237,000 to the General Fund. Mayor Pro Tem Hopkins asked if this could be done in lieu of a salary increase. City Manager Harrell replied that if the Council did not want to implement that option, approximately $110,00) would be available for use. A concern had been raised that if there were no salary increase and there was a 15% increase in Insurance costs, the 1 employee would take home less money next year then this year. Staff calculated what was the maximum amount than. ai. inployee would have to pay in additional health insurance i.r +.hs u was a 15% increase. Employee and family coveragE. wn-ld 4 crH,l.sc per month by $26.25. An option to assure that emplo•.Nes dA not i'.a.:tJ. })ehind was to provide a $27 per month health in~u.ror~: p~:?erar;;tt effective January 1 for every employee. The cosi L~; c onor,i.. rund would be $126,000, Mayor Castleberry felt that this option slit ol,A °c: by ne considered as it was a fall behind situation. Mayor Pro Tem Hopkins asked if the suppleine.ni- ~-ron ] br: only for those employees with family/spouse coverage as the amount was not going up that much in all categories. City Manager Harrell stated that the downside to the supplement was that the best design of the health insurance program was one in which the employee shared in the increase of health insurance so that they saw first hand what the costs were doing, I Council Member Miller stated that they must be careful so that they did not get in the same situation as the retirement plan. These were two separate issues of compensation and pay. He felt it was f -I J e \ City of Denton City Council Minutes J ar 9 August 25, 1992 Page 5 hard to deal with these issues with the message council gave at its last meeting regarding pay increases. City Manger Harrell stated that up until last year, the City had been giving an employee health supplement of $20 per month. With the new health program, this supplement had been discontinued. Council Member Chew felt the message the Council gave at its last meeting was that they were probably not going to be able to give City employees a raise and if by chance it would be possible to give city employees a raise, there would be nothing wrong in rescinding the previous action, It did not tie the hands of the r' Council and that the Council needed to look at every option to give employees an increase. 4. Salary Adjustments - even though tnere were no salary increases in the proposed budget, there were still dollars for step increases for civil Service employees under the adopted pay plan. There would be 7 fire fighters and 50 police officers who would be eligible for an increase. It was debatable if this had to be done. Those dollars were included within the budget and if Council wanted to take that out, there would be $60,0000 to allocate elsewhere. Council Member Brock asked if this were a contract or a requirement under the civil service law. 1 I City Manager Harrell replied that it was an adopted pay plan and adjustments would have to be made in order to not give the increases. 5. Leisure Services Division Program En 6. Leisure - Services Personnel Detail- these two sect iona.rdetailed what every leisure recreation program needed for enrollment, what the actual enrollment was and what the fee was for that program. Additional. information was presented regarding the positions in the recreation department from 1987 to present which had been requested but which had not been funded. Council Member Chew asked for a report on temporaries used in the Parks and Recreation departments. 7. Environmental Health Budget scenario for Full Recovery - a request had been made for information detailing the schedule of fees necessary to make the Environmental Health budget self- supporting. In order to do so, the existing food establishment permit fee would have to be increased by $50 which was a 90.9% increase along with the implementation of a reinspection fee which would amount to one-half, the original annual inspection fee. . 1 .art City of Denton City Council Minutes August 25, 1992 Page 6 i 8. Court Appointed Snecial Advocates - this was a request for more information on this agency which staff provided for Council. 9. Tax Fxemptions - council had requested a listing of tax exemptions offered by other taxing entities which the staff provided. 10, Mowing Costs for 30 acres at North Lakes Park - this was a request for information relating to the cost for mowing the 30 r acres of park land on the south side of North Lakes Park. This land was proposed to be reassigned to Class D maintenance level, no mowing. The cost was estimated to be $2,160 for mowing this area six times between May and October. Council Member Smith asked if the number of mowing times per year could be reduced which would reduce the cost. 11. Administrative Transfers from Utility Funds to General Fug O=erations - these were not arbitrary amounts which were used. A consultant did an audit to determine how many hours employees spent in the General Fund area doing utility related matters such as Human Resources, Legal, etc. The amount was arrived at by an independent person determining the costs. A final report included a recap of appraisal rolls comparisons. Harrell then outlined the Major Budget issue items and presented council with a detailed handout. 1. und_Balanco - it the fund balance was lowered to 10%, there would be $298,000 to help balance budget. This was included in the proposed budget. 2. $eyenues A. Property tax - the budget had an effective tax rate which would provide $59,000 which was included in the budget. Each additional 1 cent would provide $183,500 which was not included in the budget. The effective tax rate was $.7180 and the current rate was $.6851, Harrell asked how much additional revenue would be realized if the rate went up to the 3% level. John McGrane, Executive Director for Finance replied that the rate would be $.7357 and the revenue would go up approximately $200,000. City Manager Harrell stated that the maximum increase was 3%. McGrane indicated that each additional penny would provide $183,000 r \1 City of Denton city council Minutes August 25, 1992 Page 7 , and would provide approximately $325,000 at the 3% level. Council Member Brock stated thaw, property owners were not going to understand taxes. She effective asked who were hosehwithhlow taxes. an increase in McGrane replied that the business/commercial category had gone down considerably, residential-multifamily had gone down, residential- single family went up a little, residential single-family land went down and raw land went way down. He stated that in areas where there were a lot of home sales, the market was geneerall homes w rtand the Appraisal District took the appraisal on in et area. Mayor Pro Tem Hopkins was concerned that most of homeowners would not see a drop in taxes. Ci•cy Manager Harrell stated that the effective tax rate gave the same amount of money as the previous year which was really less money due to inflation, etc. B. Sales Tax - sales tax for the next fiscal year would be estimated at a 4% level which would generate $216,000 which was included in the budget. For ever additional 1% increase, would be available for the budget. C. Utility Sales Tax - the recommendation was to repeal athe nd exemption on residential utility sales of natural gas electricity effective January 1. Denton was one of the few cities still on. 000 eff Januaryi1,l 1993 Bandpwas not Ti ai a d din thelproposed budgetective this increase which Health was Inspection not c included in - the budget, provide a $9,140 i E. Storm Drainaga Utility - this item was tabled by Council. 3. Pay Plan Adjustments - alternatives included: A. Full Mercer implementation at a cost of $938,837 which was not-included in the budget. B. Implement Mercer at 1% at a cost of $236,951 which was not included in the budget. $19,746 would be saved for each month of implementation delay. C. Implement Mercer at 2.6% at a cost of $433,131 which was not included in the budget. $36,094 would be saved for each month l 1 City of Denton City Council Minutes August 25, 1992 Page 8 of implementation delay. D. Implement Mercer at 3.4$ at a cost of $586,531 which was not included in the budget. $48,878 would be saved for each month of implementation delay. E. it across the board increase at a cost of $202,036 which was not included in the budget. 4. Bgnefits Adjustments A. 151 health insurance increase at a cost of $100,000 which + was included in the proposed budget. 8. TMRS - 1/2 of 1% increase at a cost of $108,500 which was included in the proposed budget. 5. Position Reductions - the positions of Emergency Management Coordinator, Engineering Tech II, Adult Athletics Supervisor and Fire staffing reductions were recommended to be eliminate in the proposed budget. if the council did not want to reduce these positions it would be necessary to find the money for those positions. Fire staffing was a net number which allowed the Chief to return new pieces of equipment to the budget. 6. Service Redu_ ctions - a detailed list of service reductions included eliminating extra mailing of delinquent tax notices, eliminating tree trimming program, reducing the police budget, reducing the library budget, reducing quality and quantity of budget documents and limiting the animal control response hours was provided along with the amounts needed to return the service to the budget if Council not want to eliminate a particular service. Council Member chew questioned if overtime would exceed $5,000 as opposed to not having the Animal Control officer. City Manager Harrell replied that staff would not respond except for an emergency. McGrane replied that the full amount of the salary of the officer was not given up to allow for some overtime. Council Member Brock asked if the reduction in the Library budget included reduction in hours. City Manager Harrell replied no but that the reduction included elimination of membership in professional organizations and the purchase of materials. \y^ . APntl(La Pin %r~4 ~ Q~ ~y /S.2 . City of Denton City Council Minutes ~ ~ 9T August 25, 1992 Page 9 i Mayor Pro Tem Hopkins asked for the specific dollar amounts for the two organizations which were under consideration for elimination. 7. Agency contributions A. Reduce Human Resources another 1% which included $1,156 in the proposed budget. 8. Reduce Transportation Funding - this reduction included a it drop which was included in the budget for $560. 9, County Funding for Library - The County determined that the City would receive $12,806 less than projected in this year's budget. Council Member Brock stated that the City needed to start planning for the future of charging out-of.-city residents and eliminate county funding. City Manager Harrell replied that the City now received $100,000 from the County. It was estimated that charging for out-of-city residents would net $30,000 per year, The problem was that as long as the City took County money, it could not impose a charge. if the Council decided not take County money, $70,000 would have to be made up somewhere in the budget. Council Member Brock stated that much of the use of out-of-city patrons was for reference materials, Mayor Pro Tem Hopkins felt that the City needed to begin looking at future options as funds might be reduced considerably in future years. 10. Split tax navmgnts - the Council would need to find $20,000 if they wanted to return to the split tax payments option. 11. Over 65 exemption - the Council's philosophy was to raise the exemption to $25,000. The proposed budget included $1,000 towards that goal, 12. ^able Television Funding - $2,500 would be needed to televise Council meetings which was not included in the proposed budget. Council Member Miller asked if that figure was over and above the amount included in the Community Services budget which indicated $2400 for interns, etc. City Manager Harrell stated that there was enough money in the h r }J x City of Denton City Council Minutes f )z/ August 25, 1992 G`,T 17 Page 10 budget package for equipment funding that once the new channel was wired, the City could use the screen and emergency messages. The $2500 would be the cost to pay the interns for the televising, etc. Council Member Miller pointed out that on page 347 of the proposed budget it indicated that there was $2400 for two temporary interns for Council cable broadcasting, $4000 for maintenance associated with cable. i City Manager Harrell indicated that he had been referring to page 56 of the Major Budget Issues which indicated that operating costs for televising the Council meetings were not included in the 1992- 93 budget. Total cost to provide temporar' N, interns and maintenance was $2500. He stated that he would resea.cch that information for Council Member Miller. I~ 13. Swimming Pool Improvement Phase II - the total cost of Phase II was $309,000. If Council wanted to do certificates of obligation, a quarter cent increase in the tax rate would allow the issuance of those certificates of obligation. MuYor Castleberry asked the city Manager to comment on using interest money to replace the mechanism at the pool. City Manger Harrell stated that Phase I already had that money provided and that project was in Phase I. In order to do Phase II, the Council would have to allocate a quarter of a cent for that project. 14. Public Safety Officer Staffing - this was changing a position from a uniformed officer to a non-uniformed officer and would add $8,000 which was included in the budget. 15. Fire Reserve Fund - this reserve had been built up to provide staffing and according to the plan adopted by the Council, this year would draw dawn $137,000 from the fund to help balance the budget in that area. 16. Mowina - $41,000 would be needed if the Council added an additional mowing crew. If the Council. put back the mowing at North Lakes, additional money would be needed. 17. Library Automation, - funds were not included in the budget for the outright purchase or the lease/purchase option. Utility Funds Harrell indicated that the major issues in the utility funds h I city of Denton City Council Minutes 9/ ,Ly ~~jl August 25, 1992 Page 11 centered on rates. The electric rate, as submitted by the Public Utilities Board, was a 5% rate reduction. There was a net reduction of 5 positions in the electric area. The water rate was a proposed 6% increase, wastewater proposed a 10% increase. in this area there were three choices. The first choice centered on the original staff recommendation to the Public Utilities Board for a 15% increase this year and a 15% increase next year. Almost all of this money would go to pay off the bonds for the new expansion of the wastewater treatment plant which was mandated due to new M• regulations. The second choice was a 10% increase this year and no more than a 15% increase next year. Implementation of that choice " would require major service reductions in the wastewater area which would have to begin within the next few months. The third choice was a 10% increase this year and a 25% increase next year. When Council debated this issue, staff would need direction for not only this year but also for next year. Mayor Pro Tem Hopkins asked about the kind of reductions and were opposed to is the layoffs translated down necessary to the r eduction aspect ant She to 10%/20$ increase and would possibly consider a 12$/17% or a similar combination to get to 30%. She felt that the Council would be sorry next year if not do more than a 10% this year. Council Member Chew agreed. He felt the rate this year should go up to at least 15% to even out the increase. City Manager :Harrell indicated that staff would do a detailed analysis of the three options and what the implications would be for those options. Council Member Miller asked what was the impact of the expenditure for which there was no revenue. }Se understood the problem to be that the City had to make a i.;ig investment which required debt service and there was no revenue generated for that. Someone had to pay for that and it was different than investing for expansion for the future. Mayor Pro Tem Hopkins stated that in the electric area there was a 5% rate reduction but the Public Utilities Board recommendation about said nothing extra money the City would be paying TMPA this coming year as was paid this last year and had not taken that account. into She felt the ratepayers would rather get a 4 rate reduction and not have that rate be raised in the future for%TMPA. Bob Nelson, Executive Director for Utilities, stated that over the last two or three years, natural gas prices had been going down which had been a financial assistance to the City. The City had City of Denton City Council Minutes August 25, 1992 a Page 12 been reluctant to totally drop rates as it was not known when those gas rates would go back up again. They were now at a point that that could be done. City Manager Harrell stated that Mayor Pro Tem Hopkins had raised a very valid concern. The electric system was very healthy financially and that was not being jeopardized financially by granting this reduction. The large industrial users would see the most reduction. i 'A Council Member Sraith asked if staff was predicating an increase for next year. Nelson replied that at this point, it appeared that the rated would be kept the same unless natural gas increased. Council Member Miller asked how Denton's rates compared to TU's rates. Nelson replied that Denton was lower in the residential area, in the small commercial area Denton was very competitive, in the larger commercial customers Denton was slightly higher and in the large commercial customers Denton was slightly higher. City Manager Harrell stated that in the sanitation area there was a 3.5$ increase in the residential area and that all customers would be charged the state mandated charge which would be printed on the bill. Another issue was the area of recycling and the options available. Mayor Castleberry asked if council had any additional information it needed from staff. Council Member Miller stated that there were alternatives for a 1% and a 2.6% salary increase for employees. He asked if staff could develop an alternative for a 2% salary increase and how that would fit with the Mercer plan and an across the board increase. Implementation'to be either October 1 or January 1. tie was also concerned about the action the Council took at a prior meeting relative to the budgets for the hotel/motel tax recipients. Budgets had been received from the Human Services Committee for proposed funded agencies. The Council had not reviewed those budgets to determine if there were salary increases In those. tie felt that if the Council was going to look at that for some agencies, it might need to look at it for all agencies. Council Member Brock asked if the City had contracts with the various organizations which received Laylor funds. Had changes ever 1 I J/ • City of Denton City Council Minutes August 25, 1992 Page 13 been made in the allocations and how had that been determined. Had any changes been made since it went into effect. City Manager Harrell stated that the city had formal contracts Smith each agency which detailed the level of support. Those contracts had been renegotiated in 1990. There had been a change in state law which required the city council to formally approve those budgets for organizations receiving Laylor funds. City Attorney Drayovitch stated that the contracts indicated that if the Council failed to pass those budgets, the organizations would not receive any funds until a budget had been approved. Mayor Castleberry indicated that there were two agencies which did not have an increase in their budgets. Could those two budgets be approved at the next meeting. City Attorney Drayovitch replied that those agencies were on the preliminary agenda for September 1. Mayor Castleberry stated that actually there were three agencies which did not have any salary increases - the North Texas Fair Association, the Denton County Historical Museum and the Denton County Historical Foundation, council Member Miller asked if they had any salary increases. Mayor Castleberry indicated that there were no salary increases. Council Member Miller stated that Council needed to be sure that the total budgets were being looked at. Mayor Castleberry stated that those three did not have salary increases. Council Member Miller replied no increases in their organizations. The employees in those organizations were not receiving salary increases. Council Member Smith indicated that the Historical Museum had indicated. that the director's salary had been increased to the level of the prior director. Council Member Miller indicated that the Council needed to be sure that the employees were not receiving salary increases as opposed to the budget from the Laylor funds, was the council looking at total funding and total salaries regardless of source of income. I 3 t ;.1 City of Denton City Council Minutes August 25, 1992 Page 14 Council Member Chew indicated that several of the agencies had been asked where they were using the Laylor funds. Many had indicated that they were using the funds in personnel because it was easier to keep track of. Mayor Pro Tem Hopkins stated that Council must remember each agency except for the convention and Visitors Bureau received money from other areas. Each agency could say that it was not using Laylor funds for any salary increases and use that money for rent or utilities and use other funds for salary increases. • Council Member Smith stated that she would like to see the current budget along with the proposed budget in the budget presentations i from the agencies next year. 1 Council Member Brock asked what happened to money which was for 1 certain services and was not all used. What incentive was there to save money. City Manager Harrell stated that any money not spent by the end of the fiscal year lapsed back into the General Fund balance. With no further business, the meeting was adjourned at 8:03 p.m. r BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOB2 I T 414114; 444 7r 1 -CITY- COUNCIL HTT T -T: ~ppop ppaUo4r a app0 oQ It. o, o~ M -r 4 s o, C. cn. G 4 . Q y DO- XT X- ODO~Q P N wO~ °.°oooAao~ovop~ MT. T T-IM.1 1, T. 11TT'. AjCnd,i Pro DAT~+ 5/ 9 :,aiR r CITY COUNC L REPORT V J Mayor and Members of the City Council G FROM: Lloyd V. Harrell, City Manager SUBJECT: Amendment to PD-65 and adoption of a new Detailed Plan RECOMMENDL'TON; The Planning and Zoning Commission at their meeting of September 9, 1992 recommended approval 7-0. SUMMARY: See attached report. y BACKGROUND: See attached report. PROGRAMS. DEPARTMENTS OR GRnUPS AFFFCTED; None FISCAL IMPACT: None Respect ll/y/subm't •'edd: Prepared by CL);d d. Harrell /`1•--,, r City Manager 460 G. Owen Yos ASLA Urban Planner Approved: Crank H. Robbins AICP Executive Director Planning and Development AXXOOIF7/5 F$rA~ I j f 7 Z) PLANNING AND ZONING COMMISSION REPORT To: Denton Planning and Zoning Commission Case No.,. 92.021 Meeting Dates September 15, 1992 GENERAL INFORMATION Applicant: Pin Oak Association a % Harry C. Phillips 1148 Dentoaks Denton, TX 76205 Current owners: Pin Oak Association, Edmond S. Bright and William J. Sims, Jr. Requested Action: Amend the current Planned Development No. 65 and adopt a new Detailed Plan changing the primary land use designation within the existing subdivision from duplex/zero- lot-line to single-family residential. Location and Sizes A 15.271-acre site located south and east of Sam Houston elementary school, near Teasley Lane (F,M. 2181). Surrounding Land Use and Zoning: North - Planned Development No. 16, block if lot A which is the site for the city's new library and fire station. To the northwest is open land, also zoned PD-7.6, ued by Sam Houston school, belonging to the Denton Independent School District, South - Unsubdivided land in a SF-10 zoning district. East - Immediately east of the site are two lots, for office use, which are part of the existing PD- 65, and are unaffected by this amendment. Approximately 100 ft. farther east is the right-of-way of Farm-to-Market Road 2181, typically called Teasley Lane. West - Agricultural and PD-45 zoning districts and residential land use; Southmont Place. Planning and Zoning Commission Report _&S yf/ Case Z-92-021 ~ September 9, 1992 GENERAL INFORMATION - Continued Denton Development Plan: Low Intensity area number 82, SPECIAL INFORMATION Transportation: The transportation infrastructure has been constructed, and accepted by the city as sufficient to serve the original PD-65; this proposed amendment will, therefore, be more than sufficiently served by the transportation infrastructure. Since no sidewalks were required by the original plat, none are planned now. As with the original planned development, no driveways will have access to P.M. 2181. Plus, all lots which cur- rently have access to public alleys will not be allowed to have driveway access to a street. Utilities: Current seater and sewer service is in place and adequate. Electric service, which is underground, is also adequate. If future property owners want electric facilities re-located, it will be at their expense. Drainage: The drainage improvements that are currently in place are adequate to serve the proposed development. Landscaping: The vast majority of the proposal's area is residential. As such, the owners of thos,~ currently-vacant lots will be subject to tree removal requirements, until a building permit for a residence is applied for. The only non-residential use proposed is on Lots 7 and 8A. These lots are proposed as a future recreational area - the site of a reighborhood swimming pool, clubhouse and any necessary off-street parking. This area will be screened by a six foot tall wood fence between Lots 7 and 6. Page 2 Planning and zoning commission Report Case z-92-021 September 9, 1992 HISTORY The original Bentoaks subdivision - owned by Manor Green Inc., was zoned as Planned Development No. 65, and platted, in 1984. It was comprised of two office lots and 49 duplex lots (98 sides). The owner replatted the subdivision in early 1987 to include 22 duplex lots and 40 zero-lot-line lots, as well as the two office lots. In June of 1987, the Development Review committee chair authorized a minor revision to the Detailed Plan which re- lalielled the "zero lot lines" on several of the lots (Exhibit 5), During 1988-89, Manor Green went bankrupt, and the subdivision was taken over by Commodore savings of Dallas. Subsequently, Commodore went bankrupt and the subdivision was acquired by Bluebonnet Savings Bank. In July of 1992, the subdivision (minus the lots that had been sold) was acquired by Pin Oak Associates. Pin oak proposes to convert the existing, vacant lots into 38 single-family lots, ranging in size from 10,000 sq. ft. to 14,000 sq. ft. ANALYSIS The site is in intensity area No. 82 (Exhibit 6), in which the intensity trips are 80% allocated. Since the Planned Development is currently In existence, its intensity trips have already been allocated (see Exhibit 6), and are accounted for in the existing calculations. Thus, the proposed amendment will decrease the number of intensity trips needed by 763.55, or. OIP% of the intensity trips proportioned to the intensity area. RECOMMENDATION The Planning and Zoning commission recommends approval, since the proposal is in compliance with the Denton Development Plan, including the fact that there is no increase in the number of intensity tripe required by the 15.271-acre site. The proposed building sites for the individual residences are Page 3 Ay 7 a Planning and Zoning commission Report Case Z-92-021 September 9, 1992 or 7 RECOMMENDATION - Continued + defined on the Detailed plan by otandard building lines, resulting in an "allowable building envelope". Staff recommends waiving the requirement for building and parking layouts to be shown on the detailed plan. ALTERNATIVES _ I 1. Approve petition 2. Approve petition with condition(s) 3. Deny consideration 4. Delay consideration ATTACHMENTS 1. Location Map 2. Proposed Detailed Plan 3. Draft Ordinance 4. Ordinance No. 87-054 5. D. Ellison letter of June 10, 1987 6. Intensity map/calculations for Area No. 82 Axx001r7 Page 4 3 Z-92-021 Planned Development 65 7NORTH i NI L°ST -e1E o r - w s v q,n pPV P;f 1' Ga 1FnC9C iRivE. lid //Q. T X11 1 6 ~I7.1Tr1. (/!J Ji sA. HcuSTUN °II ~ ~ ~ UJ~II111R1~ a~ r ° e SiN`ES"N 7R, u t ~ Yl4.CP764\` ' ~ ' C SITE \ \L\ Cp~OUIt P i ~ LL Iiu i EL CE,'T^, 1SE0..) JE ff AN °L. GR 4VA~A $JViiL )J1 F ~S c\ 04 \ n i avAN i I ~ 1 Rogn50N 1 Date: 09/01/92 Scale: NONE \I~ I Z-92-021 Planned Development 65 1' NORTH I 1 4 ~ I ft 1 1 II + ~ + II ~ I II _ 7 ~ _ ...,.(r 1~ it 7, , I t t + I .2 1 9 ~ 4 I} 'C O t le I,__~a_I _ :j- I O f f 4 I I 4 i 'N _l + I~ -Pi 1 ! t"- a - I t 1 ~a I + f4~T A I 1 . I 9 i) • • lj C I I ~ ^LA l yr I _._cU7URE P001. ' U oAPUC R ? f _ r `I • I E' HIGH WOOD _ f I \ M%1 SC RE[f1INU FENCE kCE 211,4-.1_. L\ 1 7177 is 1 I ~ } I + 1 q II II ; ~ I ~ " 1l ~ C 4 ~ ' i 1 d. t , _ CLUB I~Fr ( ~~+W_ .tObn _ t~'wr II ~l~- E aNf I + \ I QUENNUSE i L~o!_ SOU1H , 7. I . uT+ yA•........~ 0f!A11 OF LJI L)C J%A' Oh[' ' - RFCNEA /10NAC ANFA 7CASLCY LANE _ _FM 2181 DETAILED PLAN Date. 09/01192 Scale: NONE !i r 1 KLL00324 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE AP- PROVAL OF AN AMENDED DETAILED PLAN FOR 15.271 ACRES OF THE 16,6 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE No. 87-054 (PD-65) ; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, by Ordinance No. 87-054, the City Council approved a p land lanned development district and detailed plan for 16.6 acres of located the west side o F 2181, south of the intersection ofF.M.2181 andoLillian yMi1,000 ller ' Parkway, as more particularly described therein (presently known as Bentoaks subdivision); and WHEREAS, the tailed plan for 15.271 owner acres of applied the planned de elopment district to provide for changing the primary land use designation within the existing subdivision from duplex/zero-lot-line to single-family f residential designation; and, WHEREAS, the Planning and Zoning Commission recommended ap- proval of the amended detailed plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That in accordance with article IV of Chapter 35 of the Code of ordinances, the amended detailed plan shown in Ex- hibit "B", attached hereto and incorporated by reference is ap- proved for the 15.271 acres of land located in PD-651 said land being described in Exhibit "A", attached hereto and incorporated by reference, so that hereafter the property shall be constructed, used, and maintained in accordance with the detailed plan herein approved. SjCTION IT. That a copy of this ordinance shall be attached to Ordinance No. 87-054, showing the amendment herein made. SECTIO:.' trr, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from thi date of its passage, and the City Secretary }s hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of r 1992. BOB CASTLEBERRYr MAYOR _ I ATTEST: JENNIFER WALTERSr CITY SECRETARY r BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHr CITY ATTORNEY u BY Y,~ ~C62 I Page 2 \ a EXHIBIT A i F I E L D N 0 T E B All that certain 15.271 acre tract of land situated in the C. Poullalier Survey, Abstract Number 1006, in the City of Denton, Denton County, Texas said tract being all of Lots 2A-36B, Block One, and all of Lots 3BA-51B, Block Two, Bentoaks, an addition to the city of Denton according to the plat or map recorded in Cabinet D, Slide 276, Plat Records, Denton County, Texas said 15.271 acre tract being more particularly described an fellows: r Beginning at the most southerly southeast corner of said Lot 4A~ Thence North 89 degrees 30 minutes 36 seconds West a distance of 1198.01 feet to the most southerly southwest corner of said Bentoaka7 Thence North 00 degrees 23 minutes 08 seconds East 247.90 feet to an angle point in the west line of said Bentoaks, same being the southeast corner of Southmont Place, as sho.m by plat recorded in cabinet C, Slide 212 Plat Records) Thence North 01 degrees 37 minutes 30 seconds East 328.31 feet to the northwest corner of said Bentoake; Thence North 89 degrees 05 minutes 46 seconds East 785.56 feet to the most northerly northeast corner of said Bentoaks Thence South 00 9egrees 57 minutes 02 seconds West 86.68 feet to an inner ell corner of said Bentoakel Thence North 89 degrees 05 minutes 22 seconds East 383.64 feet to the most northerly northeast corner of Lot 34BI Thence South 02 degrees 08 minutes 30 seconds East 518.49 feet to the Point of Beginning, containing 15.271 acres of land. 17 5 5 L 11 7 NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING RDINANCE 10. 83-140; PROVIDING FOR THE CREATION OF A NEW PLANNED' DEVELOP- MENT DISTRICT FOR 16.6 ACRES OF LAND LOCATED ON THE WEST SIDE OF F.M. 218I, APPROXIMATELY 1,000 FEET SOUTH OF THE INTERSECTION OF F.M. 2181 AND LILLIAN MILLER PARKWAY; PROVIDING FOR AF PENAL yILED PTHLAN E F:AXI15 4 ACRES O OF THE DISTRICT; PRTHE AON IN il { OVIDINGTFOR THEREOF; AND PR`"..!"ING FOR AN EFFECTIVE DArg00,00 FOR VIOLATIONS r Ir THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECT~_ That Ordinance No, 83-140, providing for the creation of a planned development zoning district, is repealed, SECT-ECTI--- O- NI I That there is created a new planned development district the 16,6 acres of land described in Exhibit for and incorporated herein by reference, "A" t attached hereto hereafter be used, developed, and govrned by ha the th perolvaisindo this ordinance. shalt provisions of That in accordance with the provisions of article 11 of Detailed Planninga~}edtherCodeas f Ordinances, as amended, the herein by reference Exhibit "B", and incorporated District designated forlresidential for the 15.4 acres of Detailed Plan, use as shown on the the approved SECTION IV. That the 1,2 acres of land shown on the Final Plat of the approved Detail Plan as Lots 1 and 37 of Block One, designated for proposed future office use, shall not be considered a part of the Detailed Plan approved he until and u;iless rein, and shall not be developed approved a detailed plan is hereafter submitted and in accordance with the provisfons of article 11 of Appendix B-Zoning of the Code of Ordinances, The buildings located therein shall be limited to one story, /D. 17 5 5 L 11111! e f19 e '-l At!n=d~NO NO. 'OS G AN ORDINANCE OF THE CITY OF DENTON) TEXAS, REPEALING QRDINANCE N0. 83-140; PROVIDING FOR THE CREATION OF A NEW PLANNED DEVELOP- MENT DISTRICT FOR 16.6 ACttES OF LAND LOCATED ON THE WEST SIDE OF F.M. 2181, APPROXIMATELY 1,000 FEET SOUTH OF THE INTERSECTION OF F.M. 2181 AND LILLIAN MILLER PARKWAY; PROVIDING FOR THE ADOPTION f OF A DETAILED PLAN FOR 15.4 ACRES OF THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $1,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. rp THE COUNCIL OF THE CITY OF DENTON IIEREBY ORDAINS: I SECTION I. That Ordinance No. 83-140, providing for the creation of a planned development zoning district, is repealed. SECTION 11. That there is created a new planned development district for the 16.6 acres of land described in Exhibit "A", attached hereto and incorporated herein by reference, so that the land shall hereafter be used, developed, and governed by the provisions of this ordinance, SECTION III. That in accordance with the provisions of article 11 of Appendix B-Zoning of the Code of Ordinances, as amended, the Detailed Plan attached hereto as Exhibit "B", and incorporated heroin by reference, is approved for the 15.4 acres of the District designated for residential use as shown on the approved Detailed Plan. SECTION IV. That the 1.2 acres of land shown on the Final Plat of the. approved Detail Plan as Lots 1 and 37 of Block One, designated for proposed future office use, shall not be considered a part of the Detailed Plan approved herein, and shall not be developed until and unless a detailed plan is hereafter submitted and approved, in accordance with the provisions of article 11 of Appendix B-Zoning of the Code of Ordinances. The buildings located therein shall be limited to one story. ~Q SECTION V. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any o:: the requirements thereof, or of a permit or certificate issued they^under, shall be guilty of a misdemeanor punishable by ct fine c,ur exceeding one Thousand Dollars ($1,000.00), Each such person shall ne deemed guilty of a separate offonse for each Acid euery day or e Is portion thereof (luring which any vie'lation of this orciina»c uch committed, or continued, and upon conviiciti on f 0imitsy s ahuc violations such person shall be punished I SECTION_ VI, i That this ordinance shall become effectJvcr immediately "Pon its passage and approval. PASSED AND APPROVED this the da of 1987, fZrCY S ENS, 1AY CITY 0' DENTON, TEM) ATTEST; 3FN FhR I 'RS ACT G CIT SECRETARY W CIT OF DENTON, TEXAS APPROVED AS TO LEGAL FORMt ~ DEBRA ADMii DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS YY~ BY: ter"` d r~ fl g884U .,,w CITY of DENTON DENTON, TEXAS 70201 MEMORANDUM " I DATE: June 1.0, 137 r r TO: Chairme,, and Members of the Planning and Zoning Commission i + PROM: David llisonr Chairman of the Development and Review Committee SUBJECT: DES' )ION APPROVING MODIFICATION ON PD-65 Two weeks ago I approved a modification to the above referenced PD. This modification will permit a builder to locate five zero lot line dwellings on the side of the lot opposite the side depicted on the approved detail plan. I made the decision after being informed that owners of adjacent property within the subdivision did not object to the modification, Other staff members ranging from executive to professional level were involved in this decision, but the ultimate responsibility rested with the DRC Chairperson, The issue in this case came down to whether the builder would he required to have an amended plan considered by the Planning and Zoning Commission (public hearing, filing fee, etc,) before receiving a permit, There was concern expressed by some members of staff primarily because property owners outside of the subdivision, but still within 200 feet, were not notified of the change. In my judgment the change was not substantial enough to warrant additional time and expense. The fact that there was no objection on the part of adjacent property owners within the subdivision was probably the most significant factor, Please call me at 566-8307 cL stop by the office if we need to talk about this particular decision or similar situations that might come up in the future. David Ellison jd 1664] 1 1 ;11:22 1 _,ACR iB ~ slzii 70539 INTINSITY ARIA + 82 BOUNDABY D180I17T10N East., FN 2181 West: Forrestrldge and extended south to Ryan Road North: Hobson Lane South: Ryan Road I 4 t ' i iy r I . Nossoa A ` ~ ~ ~ I hM RYAN ROAD ~ ~ tlQ~Ll~ 1000 O III j y. ~ w rr LAND USE MANAGEMENT INFORMATION SYSTEM A PLANNING, AND DEVELOPMENT DEPARTMENT 5 ~.y CITY OF DENTON intensitytripslac 60 intensity area 82 Type: Low Traffic survey zones; 6599A 6599 Boundary Description, North: Hobson Dr. South: Ryan Rd. Date: 05/07/92 Ease FM 2181 , West, Forrestridge to Ryan Rd. t LAND USE r ~ EXISTING LAND USE - -CURRENT ZONING _ - PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY-ACRES---UNITS--INTENSITY- < 192 206.76 1920 38.84 776.8 0 0 0 SF-10> 16 1 0.28 t0 31..4 949,20 60 0 0 SF-7>10 2 0,37 20 0 0 0 0 0 LESS SF-7 44 10.53 440 0 0 MCB,HOMES 328 64,7 3280 0 0 14, 0 0 62 G20 DUPLEX 0 0 0 00 p 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-1&2 0 0 0 10.92 7098 0 0 0 COMJRET 0 0 0 0 0 0 0 OFFICE 0 0 0 0 0 0 0 0 INDUSTRY 0 0 0 0 0 r) 22.45 1908,25 0 0 0 0 INSTI'NAL 0 0 p 0 0 PARKS 0 0 0 0 0 0 R/OISPACE 0 0 0 0 0 0 0 TRANSPORT, 0 26.99 0 0 0 0 0 0 0 0 AGRIC, 0 0 0 200'28 0 0 0 0 VACANT 0 374.86 0 _ r _ _ - 70694___-- - 62 620 TOTAL 567 7578 360.24 8824 K62 - - - INTENSITY CALCULATIONS - - - - - - - - - - - 706.94 times 60 42416 1 intensity area total trips 7578 2 Trips allocated to existing land use 9444 J 3 Tripe allocated to current zoning incl. P De Vacant areas 16730 4 Tripe allocated to vacant lands not zoned plus Agric, zoning t mints 2 + 3 + 4 8664 5 Estimated unallocated Intensity lflpi 80 6 Percentage of intensity trips allocated 't 4~'_a- Planning and Coning Conunission""o Minutes of Seplember 9, 1492 Page I D AFT /G ~17 1V. Bent Oaks Addition A. Hold a public hearing rind consider ran nmencdment to Planned Development 65 (PD-615) and adopting a Detailed Plan for the 15.27 acres or land known as the Bent Oaks Addition, The site is south and cast of Sam Houston School, approximately 100 feel west of F.M. 2181 (Teasley Lane). Mr, Engclbrechl opcncd (Ile public hearing, Mr. Yost staled the petitioner's request was to amend the current planned Developmenl No. 05 and adapt a new Detailed Plan changing the primary land use designation within the existing Subdivision I'rom duplex/iero-lot- line to single-family residential, ']'tic property is IocEEted in a low intensily area, The transportation infraSU•aetUrC has beCII constructed, and IICCepted by Itre city as sufficient to serve the Original PD-65; this proposed amendment will, therefore, be more than sufficiently served by the transportalion infraStructurc. Since no Sidewalks were required by (lie original plat, none Eire planned. Mr. Yost staled That as with the original planned development, 110 LdrivewayS will have access to F.M. 2181. Plus, all lots witiell currenlly have access to public alleys will not be allowed to have driveway acccSS to a street. Mr Yost continued that all water and sewer service was in place and was 4. radcqur;;e, as well Ers cleclric service tend drainage improvements. Mr. Yost ridded that If future property owner;s want electric facilities re-located, it would have to be done at their Cxpe11SC and 1101 the oily'S. In regards to landscaping, Mr. Yost stated (1111 the vast majority of the proposed area is residential. As such, die owners of those currently vacant IOIS would be subject 10 tree removal rcquirelnenlS until a building permit for a residence is issued. The only non-resWC11140 uSC 131'01)osecl IS Oil LotS and M. 'Chest lots Eire proposed as It future rccre('1011al nren which could be used for a neighborhood swimming pool, clubhouse and any necessary off-street parking. This ru e11 would be screened by It six foot tall wood fence between Lots 7 and b, Mr. Yost stated Iha( as some background information, the i,rigittal Bentoaks Subdivision - owned by Manor Green Inc„ was zoned as Planned Development Nn, 65, and plat(ed, in 1984. It was comprised of two office lots and 49 duplex lots (98 sides), The owner roplrntlcd the subdivision in early 1987 to Include 22 duplex lots and 40 zero-iot-line lots, its well as the Planning and Zoning Commission Minutes of September 9, 1992 Page 2 IMA JF T two of'f'ice lots. In June of 1987, the Development Review Committee Chairnimi authorized a minor revision to the Detailed Plan which re-labelled the "zero lot lines" on several or the lots. During 1988-89, Manor Green went baIikt'upt, and the subdivision was taken over by Commodore Savings or Dallas. Subsequently, Comnwdore went bankrupt and the Subdivision was acquired by 13iuebomiet Savings Bank. In July of 1992, the subdivision (minds the lots that had been sold) was acquired by Pin Oak Associates, Pin Oak uroposes to convert the existing, vacnnt lots imo 38 single-family lots, ;anghtg in size from 10,000 sq. ft. to 11,000 sq. ft. Mr. Cochran asked what the land adjacent to the site was zoned. Mr. Yost replied that it was zoned Planned Development 75. Ms. Flemming asked if surrounding properly owners were notified. Mr. Yost apoloLized far not stating it emlicr and said that 31 property owners were notified and no reply forms were returned in favor or in apposition, Petitioner; 1-harry Phillips, 1148 Beat Oaks, stated that ire and two other men were Pin Oak Associates. They looked nt the site from a marketing point of view and also wanted to upgrade the tires with quality homes. hie felt the single family homes would enhance the look of the current duplexes, Mr. 13ngelbrecltl asked 11OW 1nany duplex homes WON currently at the location. Mr. Phillips replied seven and that three were fndividually owned, Iit i%avor. Edntond Bright, 2,100 F.M. 2181, stated that he was it partner in the request and asked the Conunission to approve it. Oppasede No one spoke in opposition or the request, 12 CmL11neiulatiom Mr. Yost staled that staff recommended approval as long as the proposal stayed within the Denton Development Plttn guidelines. Mr, Hngelbrecht closed the public hearing, Decision; Mr, Willis moved to approve Z-92-021 as recommended by staff. It was seconded by Mr. Cochran and unanimously approved (7-0). 1 -CITY COUNCIL =TITMIT - - J - - - - Wp o~~~oo O ~ N D 3 . ggq,R ropy -TT c,-. o - pO ~F . r ~ oooo~~~~QUUGGGQO~°°~~~o - 1 5 Fj"' j- .s" 9a- CITY_COUNCIL_ REPORT tTG1_q,G TO: Mayor and Members of City Council FROM: Lloyd V. Harrell, City Manager. SUBJECT: PRELIMINARY AND FINAL REPLATS 01' LOTS 2A-•7B, 12A-27B, AND 30A-36B, BLOCK ONE, PLUS LOTS 38A-42B, 45A & B, 47A-4813, AND 50A-51B, BLOCK TWO; INTO LOTS 2-7, 12-27, AND 30-36, BLOCK ONE, PLUS LOTS 38-42, 45, 47, 48, 50 AND 51, BLOCK TWO! BENT OAKS ADDITION, RECOMMFNDATION; s The Planning and Zoning Commission at their meeting of September 9, 1992 recommended approval. 7-0. 5 UIdAIA~t Y ; The 12,4017-acre tract of land is located south and east of Sam Houston elementary school, approximately 100 ft, from F.M. 21.81, commonly called Teasley Lane, All required public improvements are in place and accepted. If, in the future, individual lot owners want relocation of any improvement, including electric service facilities, it will be at their own expense, The lots within the replat boundaries are all either for duplex or zero-lot-line residential use, (In the existing replat there are 22 duplex lots [allowing 44 building sites) plus 40 zero-lot-line lots.) All but seven of these lots are vacant, This proposed replat would create 38 single-family lots ranging in size from 10,000 sq, ft, to 14,000 sq, ft. This would be accomplished by the removal of the middle line, on duplex lots, dividing the A and B halves, Each pair of zero-lot-line lots would also be combined. The only exception would be the proposed lots 7 and 8A which are projected to be combined into a common recreational area, for future purchase by a homeowners' association. An amendment to the PD-65 Detailed Plan has been reviewed previously this even.i.ng, it proposes to redesignate the property's land uses accordingly. N City council es - Page 15, 1992 1eC _ Page 2 ) 9- /.5-fz BACKGROUIJD; The property was zoned Planned Development No. Gs, and a Detailed Plan adopted, in 1.989, 1t was p1aY.ted as duplex lots in April of 1989, and a )'corrective" replat was filed in October of that same year. The property was acquired by commodore savings. Then, it was acquired by Bluebonnet Savings Bank. Early this year,, it was purchased by Pin Oak Associates, the applicant. In those years, only seven homes were constructed. City rvi anit sewerSeel ctrica a, andisol.idsWast~e l are installed. Public streets have previously been constructed as well. The replats conform to the minimum requirements of the Subdivision and Land Develop,ent Regulat..onsj Chapter 34 Of the Code of Ordinances, PCOG A- DE{?AIjI'M1;N`1'S Oil GROU1i5 rEC'I'GI): None F. SCAT, IMRACT: Addition to the tax base, Respec 'u.lly submitted; Prepared by''- ' Lloyd V, flarroll 'y ~ J City Manager G(, Owen Yost Urban Planner Approved; Frank H " ~ Robbins 9, AICP Fxecutive Di rector 1,4 Planning and Development AXX001FG I i r; i ~ P-92-028 Bent Oaks Addition NORTH _-JL-_JL_~W/l~`a~ LYNNUasr LO+ SRYI bA% OAriE ] ~ GAIEW000 7RIYE. 1 a Q - ~?~I~~119'f',~ 'Z qll C I11fEi 5~ K~ SE 11 !)PS v 1r~j~ ~ V SAM. HCU3 10N EL ;:MENIAAY ~~.LJ:'IIIIl3 f:~ __J SANUE S'IN OA. i T y• ~I ..y~. ('~b~ ~(~~o~® llllllJJJJ ~ ~ J•' ~ I `H'OV11 N zyN .J I{ ffJ 0 \ I FL CIEt'TO 1SE0 1 AN 7 \1 J PL JfrGJ7A Nd9A ~..J. /SEL AS t1- _ m w PL SALtIe,C~ ~`SF.'IL.'.E I I I _ -RORwSON Dale; 09101/92 scale, NONE. ` 1 1 F-92.028 Bent Oaks Addition NORTH A QO,AS YVVp~11^W + r ,Y. su I-a n rwaoi-ry III j 1 e - 170'2]'08' E r, Ol JT JO E Ied 2J7 90 I ~ _ - _ ""-I a III .1 • - J l ! r a~;~I) ]I ,a ICI Y: i ?0 y.~ ? .'~h lilt ._,S .r Ill ( ~ 4 •01111 1Q y_ y ..i it ~ 1 S' LII .II 1 1_41J1.1vt w .,.r n +l ~ n ~ n w F oil M a L.s,.rnlu~.__. it t-- 31 1 u ~ u' ul~ Y'^ p 11 ' y /1 ,1, -0 #400 rho zt cD' 1' r-_ 0i1 11O f , tri7• . k Ln w } m r r~1.,I J Ra.,r kr p B6h 1- 4 n,.pp '.1 IL i, t-Ti-ii.NYi{ ~!~.1 'X - jl ' ,.r1• I b 1 nll li~ ir~ir N ~ I nr ,err • i ~1._-r.r_~ ' .1 '~1. 1.1 `ir '~I I,p L 1 5 00'S~' )7 49.Ed' ,n r d , 11 4 ` ~ G`\t ~1 J ~FIH r ` ~ 1 tl C Il`~ e44~ J~~\'ly,~ .af it 'p +11}~`J ".111 a o+ulP.' V1,p~~i4'''L~4 y' v d \~,t nl a V fH in ! > > aarrs~ee CMI+1 it 111 ~ 0r9 - 4' Iv ~ 11 ~rM~y 1rT~, 1, ''ir/r. per ~I~, rtttt~~~~iC ~I' • L 110 .J ~I P tV9 ,x III X - C z n Ji ~ 41 [ 1! I 1- It y 1,; t 11'y.. _t-- -h 11 pill rr. l, Y _ I NO 4 _ ; Sltl.i9' 'Ini+6.iw e. _ ~ ern r LUI 1E',IBL Er LI11 A.' .1 NE EB Y " A 1)RLLINIINARY RE1)1,AT Date: 09/01/92 Scales NONE ley P-92-027 Bent Oaks Addition k5^~ NORTH J f J • I v J i l r f \ LI,IM p4 R1 f• 1. mA a--i,, 9 9 9 ; a I It 'vl,.,Y Y Ji 4 ~.,1 u ! 1 !0 1,..1u ?0 y.\r ~,n\ Y Fl,p _^I lr / ~..ff.L T• rhli IL L..~ 1 .1' iN ,f 11 .'L~III . !9 F w i 1\ N- i. .1'y nw ' v k 13 ~L nN .NN - ?J t i 1 q0 gyI... It ~plll • Nr=1A I~u-...... _~11'Mf.'1:~ eJ~3 NAY A z J It t 1? i 1 l al 41 alkax Boa IY'!1 n IPf 120, 7D' 1 fn -i'~-. Mpp~~ ' 1 ~avsl+ Y.Yr ~I Y Yal-.:.nuul'I__ ~ H .J t: fo k~ l RMI ;y k A ~'1 L Ita WI ~n.~ t i~ ?J 9', x .or It J m ..1.Y _a!llS ll!I_• Al IY I ! II Jl1 III I I /1 I It ;i wrakl +n.i ! 11 ~ Ik 31 ~ ir__-. NJ.'.N_IG1_. L InN i 'I'., ~ r ILY' i. •k. s• 1- ~ f.Ub M'~'T}.'ll'I,QI i11fL' S' ``.S _ -.~A. jy L.1 ,1r a; IY S JO'3"^E' 9658II' • Y r'. 1M I-YInt` 'Y } .10 ~ lu~wl µn `.'I"i 79':1'75 ~n ..36' It, Y Ld .".f 11 r bb J' JI 1 1 I. -NT. -iMi✓._u -7.YI 1 IP.i•. I~~d:r.pl !1_.}' ~f„N. 111. 'r At' ylYp~ J? 4~i. o L 33 • ~k I;>'1KM/HVi_a+yY:ai's., ,.'s!'.~~•`(~~tilillirrCf~'a,in~(~/ rl 1,4 C • ! • Jf ~Ik_ S 4 tJ = ~~I' J d'i~ ? 4 1 ~ •Y i `11 ;L1 ZI It NI u•nll'l nil ]D' 6 I I r fir. aK ~t try _ I' I;J f.1 _ FEABLEY LAME FINAL, RE PLAT Date: 09/01/92 Scale: NONE' 6 Planning ~ auxl Zoning Commission °~-'D°2~- . Minutes of September 9, 1902 .~,1 .Q~~ Page,3 B. Floldit public hearing to consider recommertding tite prelfarin,rry and final replats Of hots 2A-713, 12A-273, and 30A-36130 Block 1, plus Lots 38A-42B, 45A & 3, 47A-48B, and 50A-51P Block 2 into Lots 2.7, 12-27 and 30.36, Block 1, plus Lots 38-42, 451 47, 4$, 50, and 51, Block 2 of the Bent Oaks Addition, 'The approximately 12,6 acre site is located south and Sam Houston 13lementa1-y School, approximately 10(} feet west Of FM, eM,a2st of Teasley Lane), 181 [YL, Yost reported that 14 notices were mailed to property owners within 200 feet, No notices were received in favor or in opposition, Mr. Yost eontinuecl chat the 12.4017 acre tritct of lancl is located south and east of Sam Houston elementary school, approximately 100 feet from F.M. 2181, commonly called Teasley Lane, All required public improvements are in place rind accepted, Mr. Yost stated that if, in the future, individual lot Owners want relocation ofany improvement, including elecu Ic service faellities, it would be at their own expense, The lots within the repfat boundaries are all either for duplex Or zero- lot-line residential use, (It) the existing replut there are 22 duplex lots (allowing 44 building sites] plus 40 zero-lot-fine lots,) He said that all but seven of the lots were vacant. The proposed plat would create 38 single- family lots ranging fn size front 10,000 sq. fl, to 14,000 sq. ft, This would be accomplished by the removal of the middle line, on duplex lots, dividing fhe A and 13 halves, F410 pair Of' ZerU-lot-fine lots would also be combined. He added that the only exception would be the proposed lote 7 and 8A which ,ire projected to be combined into a common recreational area, for future purchase by a homeowners' assoeiafion, Mr. Yost concluded that the replats conform to the minfmum requirements of the Subdivision and Land Development RegUhtdOns; Chapter 34 of the Code of Ordinances, I In F,ivor, No one spoke in favor' Of the request. O~1 nosed; No one spoke in opposilion to lice request, I Reconuilenfation, Mr. Yost stated that the Development Review Commitlce recommended approval of preliminary and final replats of the Bent Oaks Addition, Decision; Ms. Fltrey moved to approve the preliminary and final repfats of 1110 Bent Oaks Addition as recommended by staff. It was wconde:l by Mr. Cochran and unctnitnoudy carried (7.0). i ti CITX , - - _COU"TCIL - - - . "rm -T T-T M. T ooooaO F poop ..O~oO y P NO~OO QG o~ p cY G O r O'- - 0000 ' N t + ppp~ ~~~OOQOpGGO~~~ T: T J, i l.i 1 DATE: 09/15/92 PLANNING-AND ZONING COMMISSION REPORT 1 l/C~EJ,f- / ~ Jr TO: Mayor and Members of City Council 0 FROM: Lloyd V. Harrell, City Manager. SUBJECT: FINAL REPLAT OF LOT 3, BLOCK A; INTO TOTS 3A, 3B, 3C, AND 3D, BLOCK A, OF THE CANYON BLUFFS SUBDIVISION RECOMMLND~: The Planning and Zoning commission at their meeting of September 9, 1992 recommended approval 7-0. SUMMARY: The 9.4.249 acre site is in Denton's extraterritorial jurisdiction and fronts on Orchid Hill. Lane. The heavily-wooded site is currently platted as one large lot, and is proposed to be four single-family residential lots. Public improvements include approximately 610 feet of public street (including cul-de-sac), 620 feet of 6-inch water line (per the Bartonville Water Supply Co.), a 36- inch drainage culvert and a fire hydrant. The subject plat is exempt from sidewalk construction along Orchid Hill Lane, under section 34-114(17)b.1. which exempts sidewalks along perimeter streets, if such perimeter street is 8,000 feet from a city water line. internal sidewalks are also not required due to the granting of a variance. BAC GROUND; The land is currently vacant and, being in the extraterritorial jurisdiction, is not zoned. The i development will use Bartonville water service from an existing line in Orchid Hill Lane. From that line, a smaller, water line will be extended which meets City of Denton specifications, to serve the development. the development also plans to utilize septic disposal service, reviewed by the Denton Municipal Laboratory. Planning and Zoning commission approval of the preliminary plat and variance on August 12, 1992, and Council approved them on August 18, 1992. AXXOOID5/3 , S yye f/~ City council Format Page 2 1g92 September 15, PROGRAMS DEPARTMRNTS OR GROUPS AFFECTED: None FISCAL IMPACT: ~ None Respe.ctf .lly submitted: Lloyd V. Harrell Prepared by: City Manager G. Owen Yost LA Urban Planner Approved: Frank AR bins ASCP EXGCUtive n ad DG Planning Velopment Planning AXXOOID5 fj 'j P-92-025 Canyon Bluffs Addition NORTH NJ 1 W p,M(• Z181 x t. ITE HICKORY mu, ROAD 0140111) IHIL ~ aph~ w ~ ~ 4,yTq a ~hW kvih~l AL P.MQ. 407 i PJ[.1171 Date: 8104142 Scale: NONE NORTH Canyon Bluffs Addition N 89'35'57" E 862.29' ~m w m Sul . jG 2 ~ . ti n 300,1 AC s m v N 4 Y4 LOT 7C u to; 1520 AC - --326.88 a eey ly~ r' wt 38 0 v N 647 AC. a ~ ~ 1!1 m Oa'04 a 308. iz 82 3A UOT I!I ,.822 AL. k w _ QM ~ ~ FINAL REPLAT Date: 09/01/92 Scalet NONE Planning and Zoning Commission Minutes of September 9, 1992 ~s y2 Do )RA Page 4 V. Hold a public hearing and consider a Specific Use Permit on property located between McCormick Street and Avenue A, south of Underwood Street for the purpose of a sorority housing Mild chapter meeting room, The site is currently known as the Greenhill Giirden Apartments. Hold a public hearing to consider the final wplat of Lot 3, Block A into Lots 3A, 313, 3C, and 31), Block A, of the Canyon Bluffs Addition, The 14.249 acre site is in Denton's extraterritorial jurisdiction, Mr. Ingelbrecht opened the public hearing, Mr. Yost reported that die 13.249 acre site is in Denton's extraterrilorial jurisdiction and fronts on Orchid Hill lane. The heavily-wooded site is currently platted as one large lot, and is proposed to be four single-fanrily residential lots. Public improvement include approximately 610 feet of public street (Including cul-de-sac), 620 feet of 6-inch water line (per the Bartonvllle Writer Supply Company), a 36-inch drainage culvert and a fire hydrant, Mr. Yost continued the subject plat is exempt from sidewalk construction along Orchid Hill Lane, under Section 34-114 (17) b.1, which exempts sidewalks along perimeter streets, if such perimeter street is 8,000 feet from a city water line, Internal sidewalks are also not required clue to the granting of a previous variance. The land is currently vacant and, being in the extraterritorial ,jurisdiction, is not zoned, The devclopnnent will use Bartonville water service from an existing line in Orchid Hill Lane. From that line, a smaller water fine will be extended which meets City of Denton specifications, to wive the ' development, The cevelopment also plans to utilize septic disposal service, reviewed by the Denton Municipal Laboratory. EZereser~ptive; Vaughn Duker with COCA consultants, 799 F. Main Lewisville, stated that his company was the engineers and surveyors for the project, He stated Moat lie was present to answer any questions. In Favor: No one spoke in favor of the request. Composed, No one spoke in opposition of the request, Recommendation: Mr. Yost stated that the Development Review Committee recommended approval of the final plat of the Canyon Bluffs Subdivision. Mr, f✓ngelbrecht closed the public hearing. Decls,fo : Mr. Glasscock moved to approve the finni plat of the Canyon Bluffs Subdivision. It was seconded by Ms. I-lucy and umminiously carried (7-0), CITY COUNCIL 7. T- Tw_ . XXT- D ~~QO4- _ - OO~~UOao of % ti ro0- O 0 ° U N . °0~oaoaoocaoo°°: - T Ti n y; 04 DATE: September 15, 1.992 Ci7__Y COUNCIL REPORT Q G TO: Mayor and Members of City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: VAIZIANC'ES TO SECTION 34-7(C) AND 34-114(11b) OF THE SUBDIVISION AND LAND DEVELOPMENT REGULATIONS RECOMMENDATION: The Planning and the variance Zoning Commission recommends approval 7-0 of to Section 34-7(C) and approval of the variance r to Section 34-114(llb) by a vote of. 7-0, I SUMMARY: Section_ 34-7(C) The first variance requested pertains to the requirement to submit a variance application concu plat of the same property. rrent with e preliminary The commission decided that all the variance criteria had been met. The three variance criteria and the Planning and Zoning Commission responses, follow: 1. Granting of this request :;ill not violate any master efin Development Regulations, 34 °f the Subdivision and Land No master plans will be violated by this request, 2. The special or peculiar conditions upon which the request is based relate to the topography, shape or other unique physical feature of the property which are not generally common to other properties. The uniqueness of this request is the divided ownership of the land and the fact that a plat of the land will vary depending on the granting of a variance to ch. 34- 114(11b), pertaining to the construction of a cul-de-sac. VW I City Council Report 1_4 September 15, 1992 Page 2 I 3, The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's, or any prior owners', action or omission, Neither Dr. and Mrs. Kernek, nor a prior owner of the land, created the need for this request. Section 34-114 llb The second request concerning the construction of an 80 ft, cul-de-sac was recommended for approval by the Commission. It was the commission's recommendation that the variance be approved, contingent upon the applicant's construction of an extension to Chiquita Lane, sufficient to yield at least 30 ft, of street frontage for the to-be-subdivided lot, The commission felt that no master plans would be violated and that the need for the request was not created by the applicant. The commission also felt that the location of several large trees and the large lot residential character of the land created a uniqueness to the land. I B CKGRQUND: The entire tract is located in an agricultural (A) zoning district, At present, the Kernek's own all of the subject property except for a very small portion where a cul-de-sac may be located. The Kerneks plan to create a property line approximately where it is shown on Attachment 2 and convert an existing barn/workshop into a single-family residence. If a cul-de-sac was required at or near the terminus of Chiquita Lane, it will likely have to incorporate some of the land now owned by Mr, Brad Grant. The applicant proposes to buy this property in any event, but required construction of an 80 ft. (diameter) cul- de-sac may influence the sale. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available to the site, The form of the two variance requests responds to the Subdivision and Land Development Regulations) Chapter 34 of the Code of Ordinances, PROGRAMSa UEP~tR'I'MP)NT5 OR GROUL?S-11P1?CCTi.I): None r a City Council Report ,c September 15, 1992 Page 3 I FISCAL IMPACT: None 4IRI,espect ally sub mitted; Pre are ~p d by: Harrell City Manager G. Owen Yost ASLA Urban Planner Approved:, Fra' k bbbins AICP Executive Director Planning and Development Attachments: 1. Location Map 2. Variance Application 3. Staff Report, Section 34-114(11b) AXX001F9 I 1 1 11 f rJ~. V-61 Kernek Variance Requests NORTH x I I~ I I r I / _ n 4; ~ „f 4 ~ ~ a Y Id ('P ' l I ~1 1~ ~3i5,1,p)5 n - 3 SA 1: ~1hJ(AJ! ar ~ U a ~ - ° c7 I R u 5 d 41E 514h JA. Cr. LI) t113 a u.r, pa JI t7 A{ r ! i~ l 1 f I\1 l ~ EL W,"O SITE ~rnY_r 'AcF CF,~ j AN 1 h Q~ lUtA S'1H I T PL' GA dpd9d SE I..'.E Date: 09/02/92 Scale: NONE fiua. iJ i l om_~4 C~ cis;?t/ ~o 1. ,n ~ 1 4 CI r 1 p i0 ~ 111 / w~ W~ 1 i( f ws , ,y~~ 1500 c. ~a ^ } //Z~ f { r M Y: ; Wt, e r to 1 C 05 .Vil} r. i1ZV~ IC r, . a it I~: I n a d }a I~ } II i I R~ 't ly 3u a12.11 _tj A v ~ I s o. ~e'l l s w U 2G202' iq 5 O' l7'N1 104 64 ti f'J' er'vl 41 f5 5 l'J7C0'al; K~0 .T Jam` V C~ 4 1 1 r U <u C_ C .i r q S ~l J 70/7 Al, t JGnJ.,• 1 I:. \ n w if ~ 2BS AC •t 'N 1 I TT / N 7<~~--~ I ' i llCb-_ inq V 10 • u % (v ! V (n 1_ I of .7 hu o Z' a !stop. a R~ rrty i ~i ,q ~ i ~a U` elf t Al u II ; G L~ Ps 4 l~ [ a• (69'59 F: 47G 0/_ _ U r Y. v 1 1 IJ 1Il T O ros'y' 6 5'. !"=n A. 11. I6,d_ 1 Ii° 1- _nl A'1 tJ ZO'f X683. 2u r[' ~s J?o Y (..,1 ~i ~Ir ~1~ p IN r n ! t3 4 _ /7sA° Vs n 1.285 AG. •N Ib P R~~i - N - o l / O N fT j. ru/Ln,. J Li _ I , •~~3.i4~' 1 / 2 . r ~ in~!'~ " / H M54 70 W GO O.I S' Y..__ - V q 179' G i! ( / C9 tt IC i V UI Vl ` ~O ~1h r 1i 2 11 M .s N BI'.1 ?.'N! 1 a CITY OF DENTON n APPLICATION FOR VARIANCE OF SUBDIVISION AND LAND DEVELOPKZNT REGULATIONS Name of proposed preliminary plat or replat _-Lp Apce Abacl 7 acres, ;h M04ftiio 7,3 441,e5 ri~ricu 1+4j r4 +_szb c _K( cr fj5c 512 Cc 6~A~AreY w~ Tr~l From what article of the Subdivision and Land Development Regulations are you requesting a variance? hr 1iOi.n{e 11'j , Applicant W 1 f1LIam Cr, 6KA _Ccro L L- Kern e f Address C. _-lA city, I/Zip rn oh X g% or _ Rv~~ esentativs Address city/state/Zip Date 5 -vi -q.L Fee Paid J - Petitioner must provide the rationale for the variance using the following three criteria. 1. Granting of the request would not violate any master plans as defined by Chapter 34 - Subdivision and Land Development Regulations. 11. The special or peculiar conditions upon which the request is based relate to the topography, shape, or other unique physical features of the property, which are not generally common to other properties. III. The special or peculiar conditions upon which the request is based did not result from or was not created by the owner's or any prior owner's action or omission. Request must include the following: 1. Completed application (one per variance). ii. $175.00 fee per variance. III. Copy of proposed preliminary plat and location map. S gnature of Applicant Dat AsxoaoeC/13 rigz lilt Request for Variance A. Section :14-7C Re Required plat I. Granting of thi; request will riot violate any mastei plans as definer} by Chapter i The special conditions upon which this request is based relate to the fact that we do not yet own property which relate3 to the r' variance request (see shaded area on scale drawing), we have a verbal agreement to purchase this property. Also, the survey and lot division will depend on whether the variance (see iten 8) is granted. The owner of the shaded property has indicated a reluctance to sell if an 80' cul-de-sac will be built in that area { (shaded on drawing; 3 The special conditions upon which the request is based did riot result `rom and was not created by the owner's or any prior owner's action gar omission, e, lgn 3q-1 14, 1 ft)) Fie. Request to omit c[.il -tie-ac I Granting of this request will riot violate any rna,,ter plans , s (JO Inert by t napt.er 34--5ijbdivislons and Land Development. 2. The special conditions upon which the request is based relate to the face: that, if a cul-de-sac of 40' radius were constructed at the end of Chlquita or prior to the current termination point, there would be a loss of several oat: trees, the largest of which are approximately 3' In diameter and the smal lest about 5' in diameter. Placing a cul-de-sac before the end of Chiquita would destroy about 1/3 of the front yard area at 912 Chlquita and result In the IoGs of about 8 oaks; placing the cul-de-sac beyond the current termination of Chlquita would result In th,~ loss of at least 4 trees We realize the need for traffic to turn at the end of Chlquita, beat Mere are now only 3 hornes on Chiquita (our new home will be the, 4th) Granting this variance request would not cri;inge tree curr•r,nt situation at the termination of Chiquita in the Monter_ito Subdivision, the next two streets south of our location have "dead 1 i ulii„rn. 4to45~ill3 /6 end streets" 'Nlth private drives and one of these horneS is of r went construction. We are requesting a variance that would by equivalent to those existing properties. The primary reason ror variance request is to ellminate the need to destroy ;ever-ai oak trees. 3. The special conditions upon which the request is based t.liu not result from and was not created by the owner's or any prior owner's action or ornisslon. V 7 planning and Zoning Commission 9Z Minutes of September 9, 1992 Page 5 ~`IL---JJJIJJJI ~SSSn~~~lll~,,, IIS~ VIL Chiquita Lane A, I-Iold a public hearing to consider recommending a variance to Section 34.7 (c), Mr, Engelbreeht opened the public hearing. Mr. Yost stated that at the discretion of the Commission, the two variances i could be considered at the. same time. He added that if the first variance fi was denied, there would be, no need to consider [lie second variance since the first variance would be needed in order to have the cul-de-sac variance. Mr, Engelbrecht state(] that if the Commission wished to take the items together, it would do so, The Commission agreed to hear the items i together, i Mr. Yost stated that he would give the report for the first variance and then David Salmon, Engineering Department, would go over the second request. Mr, Yost stated the first variance request pertained to the requirement to submit a variance application concurrent with a preliminary plat of the same property, Mr. Yost reported that in order for the request to be recommended to the City Council, all t]tree "variance criteria" must he met, 't'ile three criteria, << and staff responses, are as follows: 1. Granting or the request will not violate any master plans as defined by Chapter 34 of the Subdivision and Land Development Regulations, StnfL No master plaris will be. violated by this request, 2. The special or peculiar conditions upon which the request is based relate to the topography, shape or other unique physical feature of the property which are not generally connnou to other properties. Staff: The uniqueness of this request is the divided ownership of the hand and tho; fact that a plat of the land will vary depending on the grunting of a variance to Chapter 34•I14(1Ib). ;~r.::aining to tine construction of a cul-de-sac, 3. The special or peculiar conditions upon which the request is based did not result from or wm not created by the owner's, or any prior owners', action or oillb siou, t I Planning and Zoning Commission Ati=;~,~•'~ ~rm._..- c Minutes of September 9, 1992 t Page 6 Do ❑ A F . Staff, Neither Dr. and Mrs, Kernek, nor it prior owner of the land, created the aced for this request, Ms. Htcey asked how the nature of the ownership of tine land was a unique physical feature, Mr. Yost replied that it was open to debate but that it was staffs observation that since the Kernek's own the majority of the land and tine land in which the eul-cie-sac may or may not he built is owned by it neighbor, may effect the configuration of the plat. This dual ownership r" is a unique feature of this particular plan, B, I fold a public hearing to consider recommending a variance to Section 114 (11 b) of the Subdivision Regulations. The site is at the terminus of Chiquita Lane, approximately 1000 feet east of Carmel. Mr. Salmon stated that the second variance request has also been submitted by tine Kernek's. The owners have requested the variance to Section 34-111(1 Ib) of the Code of Ordinances which requires it temporary or permanent turnaround at tine end of it dead end street. The Kcrnek's property must have thirty feet of frontage on the street as required by ordinance. Mr. Salmon noted that this requirement has been in place since 1988, Mr. Sahnnoa showed different options (See Attachments) for ways in which a cal-de-sac could he constructed. Ile also showed it diagram of the site. showing the location of the trees that the applicants feel make the property unique. Mr, Cochran asked how may houses would be served by the cul-de-sac, Mr, Salmon replied six developed lots. Mr. Cochran asked if there was any access to the property to the north, other than by the cul-de-sac. Mr. Salmon stated that the property owner lived in Soutlanont Subdivision and whose lot abuts the property, The site could have access from the street shat fronts the property in Southmont. As the property is right now, it is it separate parcel by deed and the only access is Chiquita Lane, Mr. 1'ngeibrecht asked what the purpose was is putting in a cul-de-sac at the site that would probably be developed further in the future, Mr, Salmon stated that the primary heed for the cul-de-sac was for emergency vehicles as well as solid waste vehicles. He added that the street is currently the maximuun lc113th of 11000 feet. '1110 cul-de-sac could r Planning and Zoning Commission Minutes of September 9, 1992 Atv:c:i., Itcnr ~S ~c~~ Page 7 DO - - RA-r be installed as ,1 temporary cul-de-sac which would be made of either crushed rock or two inches of asphalt, This Mild Ilion be removed at a later date it' the area is developed further, Mr. Cochran asked what tile diameter of the ctl-de-sac had to be. Mr, Salmon replied that it would be SO feet across with 140 foot diameter, Mr. Engelbrecht asked it' the city could require thirty feet of additiontil street find approve the variance, Mr. Salmon stated Ihat the warir nee would be for the cul-de-sac, Whether the applicant wanted to extend the street thirty feet or angle the lot would be the applicant's decision. He added that the applicant has agreed to comply with the thirty feet one way or the other, The applicant's objection to the cul-de-sac is due to the fact that the trees would have to be removed, Ms. Huey asked if the curl-de-sac was built, who would be the owner of the property, Mr. Salmon st,1ted 111,11 it would be oir tlue adjacent property owner's land, tite Grants, but that the applicant has stated that they would purchase the land, r Iettitioner. William Kernek, 912 Chiduita, stated that he did riot want to kill the trees and felt there would be other al1ernalives, 1i11'avor Becky Gram 300 Property owner ,id that they did notrthavetaeproblem t withrstilet proposal,t 91)jwscd; No one spoke in opposition to the request, RCC017rn7erlelatim Mr, Salmon stated Ihm staff recommended approval to variance request number one but recommended denial to the second request. Mr, Cochran asked what type ot'vehicles would need that large of a turning radius, Mr. Salmon replied that fire frocks need 114 foot ontside diameter for turning their vehicles, Mr. Robbins added that after talking with the Fire Department, a 40 foot radius was sufficient for all of the trucks but rr pump truck which would need 114 feet as stated by Mr, Salmon. Mr, l1"ngelhrccht closed the public hearing, 1 ~ ~LL 9 Planning and Zoning Commission ni en! ~ ; .S '►E' Minutes of September 9, 1992 ti. 9__-1.-9z Page 8 O D Variance Re4u t #i: Mr. Cochran moved to approve the first variance request. It was seconded by Mr. Cooper and unaninwusly approved (7-0). VarianceRec nest #2; Mr. Cooper moved to approve t1w variance request with the condition that there be a minimum thirty root right of way to allow for access. It was seconded by Mr. Cngelbrecht and the motion passed unanimously (7.0). VIII. Hold a public hearing and consider imlending the sign ordinance. IX. Director's Report. X. Future Agenda Items. r l " O O~ 1 i i N A is P ~ V Opp ~ I ' L 40, e w ~s pp, )00 6 C- L) Y'k D~ N \ F~ C; "I ~jUS1ci~+r~ 1• + * eVq + P~.~.scd Ole f /co r 5cc~ l.e_ Jzz~ ~ \g f6V1 r, ca ~ ~ •~J 1 ~M1 1 e,~► f.s~A ~ r~ IS~rsi~l~ i 1 1 DU' . CA L- m N Y 1 1 I wry Y (t ~ = I OQ ~ gib L. p GGt`t 's o L `ate'} ' zL g~~ k Gh S ~MNr. 4 8 a C,1..~ d~.l~Y-• 10 ~r a~ J !cy fa ~ ;of GE9, 35' P aks ~h O DalcS iNt •k$ P' FJ(i4~iNej r•r k k}~,Mt ro~ 9 ia. . I 8okirm r p rofaaej Pretoj yew k,.►.! `o~ ,~1~ Sid G~ froPObl~ Lot # 1 1 ~rop+l~ee~ ~ a~~2 (am~er ~.7~A~rts) 7. 3Atin~ i I a -CITY RXOUNCIL f IT : - I T i - X X X: O~~apQ4g00 U00° - O e Op OHO%+ ro f OHO ' Tm: m= 90 G MT: T G_ OOQ T O x t £ + °0~opeaacaoo°° . TTT - 1 ALLOOOIF %+f it f ii'0 c.O Q 9,/ c _ ORDINANCE No. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, ING FOR THE EXPENDITURE SUPPLIES OR SERVICES PROVID- EFFECTIVE DATE, OF FUNDS THEREFORE; AND PROVIDING FOR AN WHEREAS, the City has solicited, received and tabulated com- petitive bids for the pur supplies or services in chase of necessary materials, equipment, and City ordinances; and accordance with the procedures of state law 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 of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDA:7NS: SEC•- T-- zON 1• That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the Bid Proposals" attached herto, are hereby accepted and approved as being the lowest responsible bids for such items; BID ITEM NUMBER NO VENDOR ~ ?.41.4 EXHIBIT A AMOUNT F3RAZOS CONTRACTING 1414 EXHIBIT A 13RITTON 13UILAING 14AINTBNANCII EXHIBIT A I.x111nIT A i SEC'i'.ON II, That by the acceptance and numbered items of the sub approval of the above the persons submitting thet bidsdforYlsuchtyitemspts the offer of purchase the materials, equipment, supplies ors agrees to an accordance with the terms, specifications, standard,, qua nti in and for the specified sums contained in the Bid Invitations Bids Proposals, and related documents. s 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 Sid 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 funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: r DA 9115192 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: SID #1414 JANITORIAL SERVICE RECOMMENDATION: Council approve award of Bid #1414--Janitorial Service to the low bidders meeting specifications as shown on the attachment (Exhibit "A"). SUMMARY: This bid is for the annual janitorial service requirements for city buildings excluding the recreation facilities (which are bid on a separate cycle). This bid has the option to be renewed for an additional one year period based upon the mutual agreement of both parties. Window and carpet cleaning to be performed on an "as needed" basis. BACKGROUND: Exhibit "A" Tabulation Sheet Memorandum from Bruce Henington, Facilities Management PROGRA'o'3 DEPAR'T'MENTS OR GROUPS AFFECTED: Facilities Management City Buildings as Tabulated FISCAL IMPACT: Funding for this cleaning will be available in the 193 Fiscal Year budget for Facilities Management and Fleet Services which is estimated to be $731259. The annual monthly cleaning charges for the buildings totals $67,129. Assuming the carpets and windows will be cleaned on the normal schedule, a saving of $1576.40 per year will be generated in comparison to the same services on last years contract. 4,Respec lly submitted: Harrell City Manager Prepared by: Name: Melanie A. Harden Title: Buyer : Approved Name: Tom D. Shaw, CPM Title: Purchasing Agent agenda.297 BID 1414 EX[1IBIT "A" I BRAZOS I SRITTON I BID NAME Janitorial Services I CONTRACTING I BUILDING 1 OPEN DATE August 27, 1992 { I MAINTENANCE I 1QUANTITYI DESCRIPTION i I VENDOR I VENDOR l I 12 mo ICITY HALLS Cleaning I $22,829.00 I ~ I I I 2 I 3 ea I Carpet Cleaning 1 $600.00 I I 3 I 3 ea I 471ndow Cleaning $120.00 I I ---------------.-_-------I 4 I 12 mo IPOLICE BUILDING: Cleaning I $16,814.00 I 1 I I 5 I 3 ea Carpet Cleaning I $600.00 I I 6 I 3 ea Window Cleaning $125.00 I 7 I 12 mo ICITY ANNEX: Cleaning I $3,228.00 I I I 8 I 3 ea I Carpet Cleaning I I $70.00 I 9 I 3 ea Window Cleaning I $14,00 I 10 I 12 mo ITRAFFIC CONTROL: Cleaning 1 -1 $2,160.00 I 11 I 12 mo JANIMAL CONTROL: Cleaning _ I I $4,548.00 I I I ~ I I 12 I 3 ea I Window Cleaning I $14.00 - 1 13 I 12 mo (EQUIPMENT SERVICES: Cleaning 1 $995.0 $50.00 I lq I 3 ea Carpet Cleaning $3,800.00 I c7 15 12 mo IPURCHASING: Cleaning I I ➢ "i I I w I I 3 ea I Carpet Cleaning 1 I $60.00 16 17 I 3 ea I Window Cleaning I $30.00 I ~`J lg 1 12 mo (SERVICE CENTERS Cleaning i $12,667.00 19 I 3 ea I Carpet Cleaning $480.00 I 11 ~F 20 3 ea Window Cleaning I $190.00 I 1 1 r IPWR 1y~ 1414 BRAZOS BRITTON I BILL COTTRELI. I REDLEE i PEDUS f BID # CONTRACTING I BUILDING I I BID NAME, Janitorial Services I I MAINTENANCF I OPEN DATE August 27, 1992 I '-~~I-- I---- _ - VENDOR-- VFNDOR I VENDOR I VENDOR I VENUOR ` # IQUANTITYI DESCRIPTION - -I I o BID ~I-~-- - I- 29.00 $24,984.00 NO BID N 1 I II_ $22,8 I I 12 mo CTY I HALL: Cleaning - k I NO BID { I 640.00 I No BID { 2 I 3 ea { Carpet Cleaning I $120.00 I $150.00 I No BID I NO BID I 3 I 3 ea I Window cleaning -------___-__•.-----____.___I _ _ - NO BIn 4 { I 12 mo IPOLZCE-BUILDING: Cleaning I $16,814.00 I $29,808.00 ` $19,752.00 ` I I I I I $600.00 $640.00 I $250.00 NO BID I ID I I 5 I 3 ea { Carpet Cleaning I $125.00 I $400.00 $175.00 NO B I 6 I 3 ea I Window Cleaning I I 7 I 12 mo ICITY ANNEX: -Cleaning-^ - i NO B.D 1 $3,228.00 I $4,440.00 ; $5,040.00 ` I BID I $70.00 I $150.00 I $140.00 { { 14,0') I $50.00 I ° $30.00 I I Carpet Cleaning NO 8 9 I 3 3 ea ea I Window Cleaning NO BID $ I _ ---°----NO BID I-----$2,160.oo I ---$1,050.00 I 704.00 10 I 12 mo (TRAFFIC CONTROL: Cleaniny~ I i NO BID { $4,548.00 I $2.,040.00 i $3,816.00 11 { 12 mo {ANIMAL CONTROL: Cleaning i I I 00 I { I NO BID I $14.00 $25.00 $20. 12 I 3 ea I Window Cleaning I 12 mo (EQUIPMENT SERVICES--Cleaning-I J _$995.00-I^ $2,160.00 $1,104.00 $1,512.00 13 I I I I $50.00 I $30.00 I $50.00 $25.00 Cleanin g I I I I 14 3 ea Carpet ----------'I I I - I f NO BID I $1x704.00 1 I I 1S I 12 mo IPURCHASLVGS Cleaning NO BID $3,888.00 I I $15.00 I ` I No BID I $60.00 I No BID I I 16 3 ea I Carpet Cleaning 30.00 No 1,1D I _ _$10y00-I- - No 131D I $ - -----W I 17 I 3 ea Window Cleaning I ----------------------_-$12.,667.00 { $15,360.00 I No BID I $15,350.00 I 18 { 12. mo (SERVICE CENTER: Cleaning i I I I t~ I $480.00 I $300.00 I NO BID { $275.00 19 I 3 ea I Carpet Cleaning $190.00 I - $•75.00 NO BID { $175.00 20 I 3 ea I Window cleaning - I _----BIU BOND? I Yes Yes Yes Yes ALT, or NONE *Will, not accept tt~ w29 awazM o)1"PA r T 1 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M TO: Melanie Hardin, Purchasing FROM: Bruce Henington, Superintendent of Facilities Management DATE: August 31, 1992 SUBJECT: Janitorial Services Bid 1414 It is my recommendation, since we have ended up with only two qualified bidders, that we take the lowest bid per law, The award should look like the following: BUILDING CONTRACTOR AMOUNT City Hall Brazos Contracting $ 22,829 Police Building Brazos Contracting 16,814 City Annex Britton Building Maintenance 3,228 Traffic Control Britton Building Maintenance 2,160 Animal Control Britton Building Maintenance 41548 Equipment Services Brazos Contracting 995 Purchasing Britton Building Maintenance _ 3,888 Service Center Brazos Contracting 12,667 Total $ 67,129 Please feel free to contact me, if you need further information. r Bruce tcicn-in~g°ton AJJ0004ED 8171566.8200 0/FW METRO 434-2529 - 44- ..CITY COUNCIL - X "ITT T T: TT, Tl T T TT: - T-T - - T: T: 7 1 X: T TT i 25~~s0aU0~D0 ~~l ' - . OOO~i HrOUO O 0 O T T: p qq ~ G CZ) - O ~ O aF' y 0~0 . ~0000~ r O M S 0~~~> ITT n h ORDINANCE NO. AN ORDINANCE ACCEP'T'ING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. 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 WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest ` responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. 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 1403 LINDER-STAHI. CONSTRUCTION CO. $ 54,710.00 1412 CIRCLF "C" CONSTRUCTION $331,949.50 1412 ATKINS BROS. EQUIPMENT $ 92,984.00 1420 WFSCO $ 13,920.00 1420 TEMPLE $ 20,500.00 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 furn'shing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authrrized to ` execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with ' the bids accepted and approved herein, provided that suck: contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto opecifying the terms, condi- 4 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: JE1411IFER WALTERS, CITY SECRETARY u1" APPROVED AS To LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: - p DATE: SEP'TMBER-15,, !992.__.,, CITY COUNCIL REPORT TO: mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1403 - CAST-IN-PLACE CONCRE'T'E PLATFOhrr1 AND CHAIN [,INK FENCE RECOMMENDATION: We recommend this bid be awarded to the only bidder, Linder- Stahl Construction Co. Inc. in the total amount of $54,710,00. SUMMARY: This bid is for all labor and materials necessary for construction of a cost-in-place concrete platform and installation of a chainlink fence at tine flay Roberts Dam. This Project was estimated at $70,000.00. One bid proposal was received in response to eleven notices mailed. BACKGROUND: 'T'abulation, PUB Minutes, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Tabulation sheet, PUB Minutes, FISCAL IMPACT: Budgeted Revenue Bonds Account #812-080-RB90-9246 balance $10034,157,00. Resper ully submitted: Ll y V , Harrell City Manager Prepared by: Name. benise Harp 1 Title Senior Buyer Approved: C IVAI Name: Tom D. Shaw, C,P,M, Title: Purchasing Agent 1407,Agenda 1 BID M 1403 I I 10 3 ID NAME CAST--IN-PLACE CONCRETE I LINDER--STAHL I PLATFORM CONSTRUCTION I OPEN DATE 7-16--92 Yq (QUANTITY -.DESCRIPTION - J VENDOR I I -I I 476 LF (CHAIN LINK FENCE I 1 (UNIT PRICE I $12.00 I I ITOTAL I $5,712.00 I I I I I 2 16-FOOT GATES (PRICE PER GATE I $774,00 I 1 1 r" 1176 LF ICAST--IN-PLACE CONCRETE I (UNIT PRICE $274,00 (TOTAL $48,224,00 I I (DAYS TO COMPLETE PROJECT I 30 DAYS I i I TALL OTHER CHARGES I x I I I ITOTAL I $54,710,00 I I 1 ! I I I I (BID BOND YES 1 I I I I I i I I i i 1 I I ri,3 PLO. PUBLIC UTILITIESPBOARD MINUTES August 19, 1992 i 12. CONSIDER APPROVAL OF BID #1403 IN THE AMOUNT OF $54 710 CONSTRUCTING CONCRETE FISHING PLATFORM AND INSTALLATI N FOF CHAINLINK FENCE AT RAY ROBERTS DAM, Hander and Nelson Harder dation of a presented this item givin Inc,, in the amount pproval to Under-Stahl Constructi onsCo., place concrete Platform$and7InstallationroftiOn of a cat-in- at Ray Roberts a chalnltnksfence dam. Coplen made a motion to a to-exceed amount of $54,710ovseco debt contract All the not- nays, motion carried, Y Laney, All ayes, no DATE: SEP('PV4BER 15, 1992 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1412 - PAYNE & PEAK STREET a-,ATER SEWER RECOMMENDATION: We recommend this bid be awarded to the lowest bidders by section as follows: A. Replace Miscellaneous Water Lines - $265,510.00 - Circle "C" Construction B. Payne Dr. 12" Waterline - $66,439.50 - Circle "C" Construction C. Peak Street 8" Sewer Line - $920984.00 - Atkins Bros. Equipment SUMMARY: This bid is for all labor and materials to replace Waterlines and the Peak Street Sewer Line. 'T'hese projects are $26,255.00 tinder the budgeted figure. 14 told proposals wore received In responses to 41 notices mailed. i BACKGROUND: Bid tabulation, PUB Minutes. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water & Sewer Utilities, Utility Customers of the City of Denton. FISCAL IMPACT: Capital Improvements Project FY91 account #620-081-R102-8550. 4VRe fully submitted: . Harrell City Manager Prepared by: vi `(`n ~Y ! Y arno: Denis e Hw-arpo1 't'itle: Senior Buyer Approved: \ Name: Tom D. Shaw, C, P.M. Title: Purchasing Agent 265, ngendn - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - II1 m ~ m ~ N - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ,°n I°n O v o ♦rUi U O U H M V 1 V y C D 111 O U~ S ~D f- 0 41 'J O 'O P O W 6 d P n E Z ~ P M N 0. f¢yll u1 Yf N N pf. p J V M r y yU M NNI „ 6 V v, N N N V N N U N N K H 0 0 o x o ~ ~ N F n n r n Q n v P rk e m p~ m b O m O p N V O, Ifs m ~Va1 m y yypy V 01 P ~ Ima' ;t (bC' p N F LNI VI T. ~ O O P N IY U i M N H U S mMi n Z g m N z °M w ~ « w w ~ w N N N 4 ^ _ ~ r1 O - tJ O t ~ v1 N - - - O N b P M O 4yl 0 .mi M N pyl~ is TS M m m N S S o N O N I O D N D N ~ H W O Z .p ~ M O .Mi O N S N ~ N N N ~~4 H n + w b w N N r ---o-__.-----'_ -a-n._--.~- - p D ~ N m N O r P N m N O ~ a .1 N n N P O F H y N e N t~ L~ n fV, D I/~ m W b Q V. 41 ~j Z V 2 N U t' V H rv M y {Y{L~~ V V N N L1 y1 n y I nt O D M { No ? M ~ m N N LOI I y N N N I L N N N O L 1 --...-1-- PAN( P N N [ L U S (G fJ 61 L a Z Z f.1 a o a I O m w Z R K TW m Z % N H .Vr y V. I; ~ m p ~ 7 ~y pp U 4 D ~ ~ ~ .1 W C ~ n j a O 14 o - - - - - - - - - - - - - - - - - - - - - - O D Y m m o y 7 DIN 1 1412 I I I I I I I HID NAME PEPLACE M16C WATER 1991 I ROSS CONST. I CAMINO CONST. I ATKINS OROS. JACOB PUBLIC I VENUS PAYNE WATERLINE S PEAK SEWER I I I CONST. I CONST. OPEN DATE B-10-92 I I I I I 1 IQUANTI TY I UESCKIPiION I VENDOR I VENDOR I VENDOR I VENDOR --_-I VENDOR I IMISC. WATERLINES 1 $304,674.75 I $330,189,70 1300,405.00 1 $345,606,00 NIB 1 I 1 IPA'iNE DRIVE WATERLINE 1 $104,241.28 I {102,379.53 I (I0J,007.00 I lA5,951.00 I {119,126.62 I 1 IPEAK STREET SKWEK I (142,102.92 I (130,893.60 1 $92,967.00 $L,• 104.00 I NIB I I { I IBID BOND YES YES I YES I I I I I i 5 i YES i I I I I I I ~ I I I I I I I I BID 1 1412 I I I I I I I I BID NAME REPLACE M15C RATER 1991 I DBR CONSTR. I MID-STATES TRI -OAI. I RADICII I PAYNE MATERLINE 6 PEAK SEWER I I UTILITIES EXCAVATION I CONST. OPEN DATE 0-10-92 I I I I I - 1 - 1------- -~_-1- 1 IQUAM TI TY I OP SCAIPTIDN I VENDOR ---_.I I VENDOR I VENDOR I VENDOR I VENDOR I [MISC. WAIERI,IOES I $354,800.UU I $370,310.00 I $354,210.00 I $386,662.60 1 { IPAYNE DRIVE WATERLINE I N/B I it/B 1 $132,443.50 I $09,773.60 I I 1 IPEAA STREET SEWER 1 1121,077.00 I 11/8 I $121,051.50 I $123,634.50 I I I I I I I I I I I IBID soxD I YF.9 I YES I YES I YES I I I 1 I I f I I I I I I I I I I 1 I I I I I I I I DID 1 1412 1 1 I I I I I I i I r'r BID HAM REPLACE MISC WATER 1991 I MOSS CONST. CANINO CONST. I A7Y,iNS BROS. JAOOE PUBLIC I VENUS PAYNE WATERLINE E PEAK SEWER I I CONST. I CON5T. OPEN DATE B-18-92 I I I rl Z, 1 IQUANTI?Y I DKSCRI P?fON VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I IMISC. WATERLINES $304,614.75 1 $330,189.70 I 1300,05.00 1 $345,606.OJ NIB 1 I i I I I I I I I IPAYNE DRIVE WATERLINE $104,241.28 1 $102,379.53 1103,BD7.00 1 {95,951.00 1 $119,124.62 I f I 1 I I \ (PEAK SWEET SEWER I $142,102.92 1 $130473.60 $92,987.00 I $125,104.00 I IJ/a I I I I I I` I IBID BOND 1 YES I YL'B f YES I YES I YP.9 1 I I f I I I I s NORTH tt DENTON IF roe 48.063 s 1 + FAA ,`YI7 N 420 G I cl -r` ( r rrj »C4 r r` 4 B P"OJmT { t i' .,,1\MUNICIPAL I/. i ! AIRPORT II. ~ . 14 j 1 TFk S~ a~l ~ Isl~•' I I j N I I k Carrurn ~ pp I KNOB 830 lrr•r T / Y~ ~I ~ ~ ~`~l\ t'Si nrw EXHUMT 1 CITY of o<, I rtxA! NNTXR/WA~Tfw~ nhwun.w y ~ 1 1 / CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: August 24, 1992 TO: Jerry Cosgrove, P.E. Engineering Administrator ,Y FROM: David Salmon, P.E. Senior Civil Engineer f SUBJECT: Replace Misc Waterlines 1991 f Payne Drive Waterline Peak Street Sewer circle C Construction was the low bidder on Replace Miscellaneous Waterlines 1991 and Payne Drive Waterline. Their bid of $2650510.00 on Replace Waterlines 1991 and 566,439.50 on Payne Drive Waterline fall well below our estimates. Circle c Construction as you remember constructed tha 1990 CIP waterlines. There were no significant problems that occurred during that project and it appears that they performed high quality construction. We recommend that the Utility Department accept this bid. The low bidder on Peak Street Sewer was Atkins Brothers Equipment, Their bid of $92,984.00 is about seven percent higher than our estimate. The first low bid on thi, project was over $128,000, so rebidding was extremely advantageous. Atkins Brothers constructed the 1989 CIP Waterlines with no major problems during construction. We would recommend you accept this bid also. David Salmon Senior Civil Engineer AEE0019D 8171566.8200 D/FW METRO 434.2529 EXHIBIT' V ~yy 'i 41 EXCERPT MINUTES PUBLIC UTILITIES BOARD September 9, 1992 3. CONSIDER BID OPENING NO. 1412 FOR CAPITAL IMPROVEMENTS PROJECT, FISCAL YEAR 1991 REPLACE WATER LINES. 4. CONSIDER BID OPENING NO. 1412 FOR CAPITAL IMPROVEMENTS PROJECT, PEAK STREET SEWER LINE. 5. CONSIDER BID OPENING NO. 1412 FOR CAPITAL IMPROVEMENTS PROJECT, PAYNE DRIVE WATER LINES. Staff reviewed these items with the Board assuring them these are worst areas as far as maintenance requirements are concerned. Allison stated that staff uses a predictive model, looks at number of calls received, etc., then ranks the order of lines for replacement. Motion: Coplen made a motion to accept bid #1412 as follows: Payne Drive Water Line- to Circle C in the amount of $66,039.50; Peak Street Sewer Line- to Atkins Brothers Construction in the amount of $92,985; Replace Water Lines - To Circle C in the amount of $265,510. Second by Giese; Discussion: Through diligent research and a re-bidding procedure, David Ham, saved the Utility Department approximately $150,000 on these projects. The Board and Management Staff recognized Ham for his extra effort. The Board emphasized that recognition programs must be set in place to encourage more of this type of "ownership" thinking. Nelson indicated that the Executive Staff has been working with the Personnel Department on these issues. The Board requested a letter of recommendation be prepared from the Board Chairman and a plaque be considerod in this instance. Actions Chairman Thompson called for a vote. All ayes, no nays, notion carried. 7 _ ~1l F ~ ~ ' - ~1 T-~ I ins 40 DATH:: SEPaTFMBEI2 15, 1992 ~r CI'T'Y COUNCIL REPOR'T' TO: Mayor and Members of the City Council FROM; Lloyd V. llarrell, City Manager SUBJECT: BID #1420 - DISTRIBUTION TRANSFORMERS RECOMMENDATION: We recommend this bid be awarded to the low bidders meeting specifications as listed below: ITEM 5 - WESCO $13,920,00 ITEM 6 - TEMPLE, INC, $20,600,00 r SUMMARY: This bid is for two (2) Mill and one (1) 2500 KVA padmount 00 trKVA ansformers o for the Water Treatment Plante Ten bid proposals were received in response to 20 bid packages mailed. BACKGROUND: Tabulation sheet, Memorandum George Pool. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric: Distribution Division, Utility Customers of tha City of Denton, FISCAL IMPACT: Budgeted Funds for 1991 Electric Distribution account #610-080- 0252-9222 balance to date $323,744.13 for item 5 and for Water Production account #620-081-0460-9107 balance to date $43,028.00. Res ctfully submitted: P/ U 41, _ oyd IlCity Maragor 1 Prepared by., Name: Denise Harl)ool Title: Senior Buyer A proved: Name: Tom D, Shaw, C.P.M. Title: Purchasing Agent 268.agenda r I 1 V BID 1420 I I I I I I I BID NAME DISTRIBUTION TRANSFORMER I ! ! I 1 I STUART IRBY ~ TECHLINE (CUMMINS SUPPLY ! POLELINE ! WESCO I OPEN DATE S_8-92 i CO. f j ! ELECTRIC ! I _7Q UANTITY ` I - DESCRIPTION 'I VENDOR VENDOR _ y1 VENUOft VENDOR - 'Iy VENDOR 5. ! 2 IPADMOUNT 3PH SKVA 120/208 I $12,500.00 ! I ! I I i $6r441.00 I $7,694.00 I $7,524.00 ! $6,960.00 I 6. I IPADMOUNT 2500 KVA ! $23,000.00 1 N/II N/g I I I I NIB $20,850.00 (MANUFACTURER I j SQ. D ( HOWARD I PAUWELS I PAUWELS I ABB I 1 jDELIVER I I I I I f 140 DAYS I 70-84 DAYS I 98 DAYS I 84-98 DAYS I 8-12 WKS ! BI1, $ 1420 I I I I I I I BID NAME DISTRIBUTION TRANSFORMER I TF.MPLY I ! ! I VANTRAN I PP.IESTER I SESCO I OPEN DATE 9-8-92 I ! I I I _ ! ~ I I N IQUANTITY I DESCRIPTION f VENDOR I VENDOR J VENDOR I VENDOR I VENDOR I r' S. I 2 IPADMOUNT 3PH SKVA 120/208 I $7,500.00 I $8,022.00 I ! I ! I ! ! I I $7,007.00 I $8,479.00 I ! 6. I 1 IPADMOUNT 2500 KVA I $20,500.00 $25,930.00 I ! ! ! I ! I I $22,505.00 I ! $25,577.00 I s d., IMANUFACTURER 1 T, zi I I i GE ! VANTRAN I COOPER I SESCO IDELIVOR J 119 DAYS I I I ! I ' 63 DAYS I 120 DRYS ! 60-90 DRYS I 1 ,3 NO BID I 1 I ESI ELECTROTECH 41 1 tN. ~A DCITY I3 of DENTON MUNICIPAL UTILITIES/901-A Texas Street/Denton,Tx 76201 MEMORANDUM TOi :om Shaw, Purchasing Agent FROM iGeorge Pool, Electric Engineering Associate DATES September 9, 1992 SVHJECTi AID NUMBER 1420 r YJR='~'QQ.RRtldq~CC3Rdd^J CRLfRdQ7Rd=^-LRd'~dR C'CR.'~~J."J Q ~t r'QC1Q CClQ GQGOQ7dd_^. ^J '1 ~i CiRd The Electric Engineering Department recommends the approval of the following bidders for the items below: IJ Item JJ5: Two 500 KVA; 120/208 volt loop feed padmounted transformers to the low bidder Wesco, at a total cost of $13,920. Item 116: One 2500 KVA, 41.60/2400 padmount dead front transformer to Temple, Inc. for a total cost of $20,500• The low bidder Wesco dial not meet the specifications. They bid a live front secondary voltage transformer, while the specifications call for a dead front transformer. Item 45 will be used at Expoeiti.on Mills, and Item #6 '9 for the Water Treatment Plant. Please contact me if you require any additional information. A copy of the lose cost transformer evaluation was provided, JP:tn 09092001 r 1 1i LOSSlCOST EVALUATION OF A 2500KVA PADMOUNT, 4160/2400 TRANSFORMER 9-6-92 MADE NL ~ LI. -z..._.."_._ BIDDER _ BY_: LOSSE9 LOSSE %Z- COST CALCULATEDI CUMMINS ~ COST POLLINE , N9 - NB TECHLINC -t E800 A88 3450 f 0100 5 65 _ $20 860 QO I___$121 273,38 I~ TEMPLE QE ~ _ 2896 12} 17 5,7 $20 600 OD $121,064.86 PRIEST~R of R 3060 14918 5 2d i- J .W 060 $22805,00 X139056,49 1 STUAAT SOUAE D _ 2868 16117 5 ; b - - " VAN T_R_AN VAN IRAN - $23 000 00 $143 877,61 2350 14000 5 /6 $26,93000 -$144,109.36 SESCO 4800 21000 6 7b $2b 677 _00 "_$1777~6,6b LOSS/COST EVALUATION OF A 600KVA PAOMOUNT, 120/208 LOOP FLED TRANSFORMER 9-8-92 MADE ML - - LL B!D CALCULATED BIDDER BY,LUSSE8 LOSSE 9bZ _ COST _ COST WESOO B39 8_363 5x66 - - ABb ,960 00 TECHLINE HOWARDyw _ 849 - 4106 _ "$6 -°"''18 876 PHIES7EH - COUPER - $6,d4L00 _ _'~39 408.78 98d 4035 3,26 POLELINE PAULS 7,007:00 __$41642,30 721 39f 9 3.3y $7 624,00 _ L__87 OUMMINS PAULS $41 863.87 , ` 721 _ 3919 _ $7 p94,00 $42 f 38 47 VAN THAN VAN TRAM 820 ~412U I 5 76 yE4C0 _ 9ESC0 - ' h $9'022,00 .44,420 28 STUAAI - 1300 _ 5800 1-6 75 $8 479,00 _63 fQ8 11 _ SOUFiE D - 1138 7884 a 75 - TEMPLE - --1--- $1?,600AD $731027 41_ aE 2580_ }2i17~ b7"~- 51750000 $77~i24^B8 - _T - y - - - - - - - - - - - - - - - - - - - - rcITY:: : a . COUNCIL - T'XT - t o~o°aoa~ 00 000: O O •U0 O~~ ..0000 r ~ H s k°°0 I °onaaancao~° ~ TIT y AI 7 J ~S IFT. Ste. 1s- ORDINANCE 140. All ORD:IPA:iC'E PROVIDING FOR THE EXPENDITURE OF FUNDS FOR Er•ILRGI j,jcy PLMCIIASi;[~ OF MATERIALS, EQUIPMENT, SUPPLIES OR SEI2VICF:S IPJ ACCORD- ANCE; 1'I1:' H 'flit" PROVISIONS O..F STATE LAW LXEMPT:ING SUCH PURCHASES FROEI RI QU -RE;;4P;1VFS OF COMPETITIVE BIDS; Aldo PROVIDING FOR A14 I FFFCTIVP DATE. i I?fIER1iAS, state law and ordinance require that certain contracts r.-equ.il'ing an expenditure or payment by tilt city in an amount ex eeedincl $10,000 be by competitive bids; except in the case of pub- tic calamity where it becomes necessary to act at once to appr.o- pr.iate money to relieve the necessity of the citizens, or to pre- serve the property of the city, or. it is necessary to protect the public health o` the citizens of the city, o.r. in case of unforeseen damage to public property, machinery or equipment; NOW, THEREFORE, TINS COUNCIL OF THE' CITY OF DENTON HrREBY 01'10AINS: S~CTTCN I. That the City Council hereby determines, that L-hexe t is a pu'.JI,iu Calamity that makers it necessary to act at once to ap- propriate money to relieve the necessity of the Citi2e or., 1:0 preserve the property of the city, or 'CO proc(act the public health of the ci.cizens of the city, or to provide for unforseen davage to public property, machinery or equipment, and by reason thereof', `Che follo".fi.ng emergency purchases of material.s, equipment, supplies or services, as described in the "Purchase: Orders" at'cachcd hereto, are horob approved: JI:CE, r1SI; N,'IIIIE,R VENDOR AMOUNT 26070 NORT11 TEXAS C.MU 4T $ 19,226.00 7.677.4 TEMPLE: INC. $ 18,900.00 .)I'i L-11 That because O7: such elle1r.C2Ilcy, IIle C3.ty :ill ll~r CJ L'i: oz deoicjnatod employee is hereby 'autilorizod 'Co purchase the Mato,;'- 1d1 c clUlplil[ IYt, ssuppllos or 8ervicc Fs as, described in the atta(:i1eC t~111: C}hd tii' OrC1 C'rfi find to make payment- t.erefore ill the Eimounts there- Such emergency pllrChdWe,, :)tl~inCJ i7h aCCOrdMICe wi'1.11 the provi7 ions of: state, law exempting such purchases by the City from, Che requirements of competi-cive i)ici'. A L 7 SECTION III. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this tile day Of 1992. BOB CASTLEBERRY, MAYOR - J ATTEST: JENNIFER WALTERS, CITY SECRETARY I S1' : APPROVED AS TO LEGAL FORM: DEBRA A. JRAYOVITCH, CITY ATTORNEY BY' I I f 1 DATE: SbPtembox ~.J.,..1Jf12 lp~;7 CITY COUNCII, RIsPOR'f 'T'O: B,layov and members of the city Councll FROM: Lloyd V, llarrell, city Manager SUI3JEC'I': PURCIIASI? o12,DISIt # 2(3070 - NORTH TEXAS CI:MF;NT RECOMMENDATION: We recoauaend Purchase Orcier # 26070 to North Toxas Co mont In the at punt of $19,226.00 he approved and pvocossed for payment, r' SUMMARY: This purchase order is for the emnrgenoy nureliase of 3`25 tons of bulk conteht defivored to the Nottingham Street Reconstruction job site, After excavation had begun it wns determined that content stabilization would I. e roqulred to pvoporly prepare the base for Nottingham Street. Our Current annual contract for bulk cement Is for silo delivery at $56,00 per ton and does not InclUdo self propelled :spreader trucks. To keep the pvojoct on schedule and provenl a delay in reopening the street, bulk cement was ordered from North Texas Coment for next day delivery In self propelled spreaclor truck at $59,28 per ton. Cost ovor our bid price Is $1066,00, BACKGROUND: Purchase Order #26070 North Toxas Cement Momovandum from Jerry Clark, City Enghioer, ' PROGItAMSL_DIPARTMENTS OR GROUPS AFFECTED: Nottingham Stroot Reconstruction, Street I)epartntertt end Cllizetis of 1)outin, i FISCAI, IMPZCT: This purchase will be funcled from Street Construction Bonds Account Nutnbcr X143-020-S'I'It'P-'l"2G-cJ108 euvront balance is $58,880.96. RespoC fly submittod: Lloyd Harrell City Manager Approved: Name: Tom D. Sliitw, C,P.NJ Title: Purchasing Agent 253 ngn~i;i,, r ' 11-113 IS A w r r w LiClkr r i ! CAHJ 11 GOIJFIHMINGOfiDER a~ PURCHASE(3RDLfii FC 26070 (IF MARKED) _ This nwnher must lipsor,r e all invoices, delivery slips. eaeas, DO NOT DUPLICATE clns, boxes, packiix~ slips end hills Re(I No, Bid NO: Deto: L S 134 5 2 Payo No. 0 1 VENDOR PURCIIASING01VISION19018TEXAS5OftEr/0ENTON, 1EXAS76201 NCP7H TEXAS CEM~Ni CC 817,Q837100 0/FWMEM0817/261-0042 FAX8 1 71382 4 692 NAME/ 2525 CAALISLE UELIVERY CLNPIRPAIICN Cli C24 ADDRESS ADDRESS 901EB17EXAS S1 BALL AS TX 7 204 OENIIIN• IEXAS CIANE VENDOR NO. NO F40002 DELIVERY QUOTED 0 S 15 S2 FOB DE S T I NA7 I C N TERMS • • • 01 32Eeii 7N VEflii CAT• • N / A MFG NAME 55.2@0 19r.2Eb•{ _ C11Y / 9E882 SULK CEMENT I iu ;'i is co c~ i i.i u PAGE 7CIAL 1 I •2 Cal GPANC 7C1AL i 1 ~2 !•i }I 44:3 020 STRT 852 E. 5108 1Ss266.Lq ~ VENdOFi INSTRUCTIONS: 3 Terms -Nat 30 lkLJOSn ol~~erwiso snecib~~ll I Send original lnvolco with doplicalo copy, 4, Shipping lnsimcllons F013 Dnsllnailon prapnld lllnloss onwrwsn orvolwef 2, (Jill la - ACCOnnls Paynbia 5. No fedan,l or slain salos Inx shall bo Included _ _ in pri"as billed Purchnsintl glvlslon _ Om ti. M V 7(,")y SL fl,minn Tx 7h?nl I J~v J CITY of DENTON, TEXAS MUNIGWAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 75201 MEMORANDUM i { r~ DATE: August 25, 1992 TO: Tom Shaw, purchasing Agent FROM: Times cClarkp orbin, Street Superintendent SUBJECT: Emergency Purchase Order Nottingham Project Davis Concrete received he process bulk cement bid. The bid did not specify the application The Nottingham project required approximately 325 tons obulk e cement, Davis Concrete only has the capability of applying th cement with a single hose. This procedure lias to be applied with a spreader, Therefore, North 'Texas Concrete (Gifford Hill) will provide the concrete in a very short period of time, This will. enabled us to keep the project on schedule, Terry Clark r nets 6&..b-n AEE00.19D 8171556.8200 O/FIN METRO 434.2529 i~ 4 vzy RATS;:A3F,P 17dB sin-152 1992 CITY COUNCIL REPORT l TO: Mayor and Members of the City Council FROM: Lloyd V. 1larreil, City Manager SU11JECT: EMERGENCY PURCHASE ORDER #26724 - TEMPLE INC. RECOMMENDATION: We recommend this emergency Purchuso Order to Temple Inc. In the amount of 18,900,00 be approved, SUMMARY: This purchase is for Warehouse emorgeney invontory replacement of ' 500MCM ruble for use by the Electric Distribution Division, The cable is being installed at Exposition Mills 'ue to reconfiguration more ruble was required, This cable is on order from a provious bid but will not be delivered until early October, BACKGROUND: Purchase Order #26724, PROGRAMS DEPARTMENTS OR GROUPS _AFB'I'XTED: Eloctrie Warehouse Inventory, Electric DistvIbutfori, FISCAL IMPACT: Budgoted Funds for Working Capital Bleatr.ic #710-043-0582-8708 fund balance is $1,70%1,522.23. Rospo ully submitted: L yd V , I larr. el City Manager Pvopavod by: ,ycuiio: Denise fiarpool Title: Sonlor B(tyor Approved, Name: Tom U. Shaw, C,1),M Title: Purchasing Agent 26r.ngandn r W ! T Ul LJCIV I UIV, I CAHJ nits Is A PURCHASE OROUR NO: Fc 26724 CONF=IRMING CRDER > ThG number 1151 oMew on all (IF= MARKED) nvoices, delivery slips. Cases, clns. boxes, pilcklflg sliis sill Ullls. DO NOT DUPLICATE Dale: i S G 4 5 2 P~.go No. 01 Req No: Bid No: l'UAC; 1ASrNG OIV1S10N / U01 D l EXAS 51 REF T ! PEN EON, 7EXAS 76201 IE14DOH 817;:7837100 ,1r1Nh4[rl?0817,2610042 rAX8171382-4692 CCNFIFPA1ICN CNLY CC2 DAME/ pEC anx lr.Nij5157 DELIVERY MY CF DENICA UAFLECUSE 1DDRESg GFA1+0 FHAIFIE TX ADDRESS CC N07 I:LFL ICAIE 75D5.'.-Ci1~7 DE S11 INA7If N TERMS VENDOR NO 1L'P44009 D[I_NERYQUOTECl JS 15 92 EOD • 1.300 31'•900.01 11 300C.J() FT VECIlY A 260E N 40 A MFG NAME 0100 190 CAVLE UG 600 MCP 1°KVUNISC lU f. h fl lip N IT l] =1 FACE ICIAL G.ySO1~Dc GFANC TCTAL E.`511 .M I 7115 043 0b82 r706 lE.SG0.A0 1 I C1N5 Tinny Net t0lun~essorhww n I 11nmledd Nnas3 onniviiso snunrx,dl t,~xl nv ~~eedor VF.NDOfi N l-57riU[ BliVed rr.fq1l nl s(llalanns sales r.Oll o ot sl r hallbu crlnc1uded 1. unl to06 AcClumis I'a AIIIelutACa1o coPY d N I in prices bilECCI .-I'un h .inn 1) iwnl no 215 L. M0C 1mwy 31. Lv Xn 7 - - - - - - - - - - - - - RE CITY COUNCIL - TMT TITITTT =T Tl_ . 7 TT 7T oo~oooaaan oooO~ ro oooc . -x n ti O ,a ~ c oo. ~QOO~Orro N S C °vOO~G, °0ooncancaoo° . Al. 1 ._(~Old? ORDINANCE NO, AN ORDINANCE PROVIDING FOR Tily EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH AIRE AVAILABLE PROM ONLY ONE SOURCI: IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PUR- CHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING A14 EF- FECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, includitg: items that are only available from one source because 01' 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; j and library materials for a public library that are available only 1 from the persons holding exclusive distribution rights to the ma- terials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; N04l, 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" attach.) hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 26073 AMERICAN MANAGGMIP,N'I' 5Y:iPEM $ 6£3,414.72 I-- -gIION TI. 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 per.;;on shall comply with all requirements specified by the Purchasing Department. SEC~T_OH IIII. That the City Manager is hereby authorized tc execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to ;aid contracts is hereby authorized, E y f q- SECTION IV. That this ordinance shall become effective imntedi- ately upon its passage and approval. da of 1.992. PASSED AND APPROVED this the _ Y BOB CASTLEBERRYp MAYOR ATTEST: ;JENNIFER WALTERS, CITY SECRETARY BY: - APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITC}3, CITY ATTORNEY BY, I 7 DATE: September 15, 19()2 CITY COUNCIL REPORT TO: Mayor and Members of the City Council PROM: Lloyd V. Harroll, City Manager SUBJECT: PURCHASE ORDER #26073 - AMERICAN MANAGEMENT SYS'14EM RECOMMENDATION: We recommend Purchase Order #26073 to American Management. System in the amount of $68,414.72 be approved and processed for payment. JJI SUMMARY: This purchase order is for the annual maintonance fees for the LGFS I financial software. The time period covered is August 1, 1992 thru July 31, 1993. This maintenance agreement Includes new release updates, technical and user assistance, The LGFS Software is thfinancial software fora the City of Denton and is utilized In budget, accounts receivable, accounts payable, accountinf;, purchasing and inventory control transactions, This agreement is a renewal proprietary software maintenance and only nvallablo from American Management System, Proprietary Software protected by copyright or patent are exempt from the bid process, Data Processing Advisory Board recommends approval, BACKGROUND: Purchase Order #26073 American Management System, Minutes for Data Processing Advisory Meeting of 9-1-92 and Memorandum from Gary Collins, - Director of Information Services, PROC RAMS. DEPARTMEN'T'S OR GROUPS AFFECTED: Information Services, users of the LGFS Software. _ FISCAL IMPACT: This annual renewal will be funded from 1991-92 budget funds; account number 100-044-0080-8521 software maintenance. Curront accou:.c balance Is $695593,15, i ICIty ully submitted: Rek- l ITarrell Manager r Approved: Name: Tom D, Shaw, C.P.M. 'T'itle: Purchasing Agent 264egonde DATE: September 15, 1992 CITY G'OtLNCIL REPORT TO. Mayor and Members of the city Council FROM: Lloyd V. Ilarrell, City Manager SUBJECT: PURCHASE ORDER #26073 - AMERICAN MANAGEMENT SYSTEM RECOMMENDATION: We recommend Purchase Order #26073 to American Management System in the amount of $68,41d.72 be approved and processed for payment. • SUMMARY: This purchase order is for the annual maintenance fees for the LGFS financial software. The time period covered is August 1, 1992 thru July 31, 1993. This maintenance agreement includes new release updates, problem solving, technical and user assistance. The LGFS Software is the financial software for the City of Denton and is utilized in budget, accounts receivable, accounts payable, accounting, purchasing and inventory control transactioris. This agreement is a renewal proprietary software maintenance and only available from American Management System. Proprietary Software protected by copyright or patent are exempt from the bid ' process. Data Processing Advisory Board recommends approval. BACKGROUND: Purchase Order #26073 American Management System, Minutes for Data Processing Advisory Meeting of 9-1-92 and Memorandum from Gary Collins, Director of Information Sorvices. PROGRAMS. DEPARTMENT'S OR GROUPS AFFECTED: Information Services, users of the LGFS Software. FISCAL IMPACT: This annual renewal will be funded from 1991-92 budget funds; account number 100.044-0080-8521 software maintenance. Current account balance is $69,893.15. Yly4 fully submlttod: Elarrell City Manager Approved` Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 266.aganda i CITY of DENTON, TEXAS TI ]IS IS A CONFIRMING ORDER AX - PURCHASE ORDER FC 26073 : inusl appn ear On oo all This nunilrer (IF MARKED) DUPLICATE Invoices, delivery slips, sas, DO NOT DUPLICATE clns, oozes, pocking slips anj hills. Date. 08 2t 92 Pago No. 01 flea No, E3kl No; J YUR CIJASING O1V1s10N i 901.0 TEXAS 5 TI7FET /OEN rON, TEXAS P'620! I:IJDUR AMERICAN MANAGEMENT SYSTEM 811,,ja31100 11'rwnicrno8l212610042 rAX8I1/3e2-1692 IAMFI KEhT ST CCNFIRMATICN CNLY C11 DELIVERY 1W(;RMATICh EERVICES UDRESB 1777 NORTH ADDRESS 3248 E+ MCKIhhEV AXLI~G7ON VA 22209 DENTQh+ TM 76201 VENDOR NO, AME42000 DELIVERY QUOTED 09 30 92 FOB DESTINA71EN TERMS • O1 61!4111 33 TINIDII CAT+ A N Pilo A MFG NAME 1+004 68.414+7 CITY ! 20854 MAINTENANCE FEES FOR AUG 1. 1992 7"U JULY 31+ 1953 I [o ri 171 ,v PAGE TOTAL : 6 • 14+7s' GRAIP TCIAL. : d • 1,11 1 qi 100 044 0080 8821 b8#414+72 1, Sund orNSTRUCTIONS: 9^ S nns -Not 30.0nlcss mum, . speriWdA_....~.._ VENNOO DOR INSTRUCTIONS: pinn1 Inuolcs wllh duplcwlA 00 iif!l*mtiliA(01luns.F03 W.N11404 prv bill to u hnMz+rl:wr Aso spacfodl c - a1.;lbu.,u 016111 Ili !icon, W 1 dupplrgl Inr;lruUite sales t. Mt1 kwawl ` I i I t ~ ,.I ti Accounts PayalAe 6 iJn 16fldf.l 01 stab r•-«.. h MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF SEPTEMBER 1, 1992 MEMBERS PRESENT: Don Edwards, Rosa Lawton and Brian Scott MEMBERS ABSENT: Jim Kuykendall, and Robert Minnis OTHERS PRESENT: Gary Collins i Don Edwards made a motion the minutes from the Juste 11, 1992, j meeting be approved as written. Bryan Scott seconded the motion I and it passed unanimously. Gary Collins discussed the annual renewal of software licenses with III American Management Systems for the financial package LGFS. Gary Collins explained, this is the proprietary software of sole support. Don Edwards made the motion that the City Council approve the annual maintenance agreement. There being no other business the meeting was adjourned. u;34. { Vi Py 7 CITY of DENTON, TEXAS 215 E. McKINNEY 1 DENTON, TEXAS 762011 TELEPHONE (817) 566.8200 MEMO RAND V,9 To; Denise Harpool, Assistant Purchasing Agent From: Gary A, Collins, Director of Information Services Date; August 26, 1992 Subject: LGFS SOFTWARE MAINTENANCE This Purchase Order is for renewal of propriatary software maintenance and only available from American Management Systems. if you have any questions, please give me a call, , Gary'-A. Collins Director of Information Services r i . I Tl_ T X:: CITY COUNCIL TTT: - XXXI: - - T TIT TTTITM~ h - lum: X-TT - -ooooooo v ° D~ooo~o ~OD°~ ~QOO~H T ° M ooOJ`~ - ~dplJQ UG~~~~ T _11,TT: k AA ALL0034 5 /1a ORDINANCE AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON, TEXAS, FOR THE FISCAL YEAR BEGINN ING RING ON OCTOBER 1, 1992, AND ENDING ON SEPTEM- BER 30, 1993; AND DECLA AN EFFECTVE DATE. et for the City ~i WHEREAS, notice of a publi.c hearing on the budget of Denton, Texas, for the fiscal Yinradvanco3ofasaid rpublic ebear- lished at least. fifteen (15) days ing; and held on duly held were a public hearing on 19920 and the s all said interested s pem WHEREAS, ; the 1st day of September, tt:er?of given an opportunity to be heard for or against any i NOWT THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS Texas for the September a rF~TTON T. The budget for thu City of Denton, 1991 and ending on fiscal year beginninq on October 2, 30, filed wishOVedCdnd prepared by the City Manager and 1993 the City Council, is hereby pp Secretary, as amended by et is attached hereto and incorporated adopted,a copy of which budg by reference herein, The City Council hereby appropriates from avail- able funds: able resources to the following $ 281291,019 General Fund $ 434,885 Recreation Fund $ 4r847f957 Debt Service Fund $ 651350,115 Electric Water Fund $ 13,017,296 Wastewater Fund $ 3j0171 837 Sanitation $ 4,351,862 Working Working Capital $ 3,965,942 $ 1,820,942 Motor Pool Manager is hereby authorized to STON ~7 That the CitYfor employee benefit and salary ustments the as amounts of contained in money the 1992-93 budget to the vario1.ts transfer departments, IO IV. That the City Manager shall and the CountyeClerktof budget to be filed with the City Secretary Denton county. SEC, 0 d approval, become effective im- That this and mediately upon its passage 1 %1 q ~J r - cg PASSED AND APPROVED this the day of September, 1992. BOB CASTLEBERRY, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY., r APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: - X Page 2 4 CITY Ol DENTON, TEXAS MUNICIPAL BUILDING / 215E MCKINNEY / DENTON, TLXAS 7620 J MEMORANDUM w ' DATE: September 10, 1992 TO., Lloyd V. Harrell, City Manager FROM., John F. McGrane, Executive Director of Finance SUBJECT: SALARY ADJUSTMENTS It is my understanding that there is a request from two Couricilmem,)ers for additional information on proposals for salary adjustments to Civil Service employees that are at top of the range. We have determined the number of individuals that would be affected in order to implement an additional 2% increase effective January 1, 1993 would require an additional $30,573 adjustment, This would adjust the Civil Service top of range salaries by 24. it is our recommendation that if this action is taken an adjustment with the command ranks would be required in order to keep a step between the two separate ranks. The total cost for implementation could be taken from the unreserved fund balance of the General Fund. The only requirement that would be necessary would be to amend the budget ordinance showing the total General Fund budget allocation by $30,573. If you have any questions, please advise, JFMCG:af AFF00399 8171566.8200 D/FW METRO 434.2529 4 r: r CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: September 10, 1992 TO: Lloyd V. Harrell, City Manager FROM: John F, McGrane, Executive Director of Finance SUBJECTS SALARY ADJUSTMENTS It is my understanding that there is a request from two Counoilmembers for additional information on proposals for ualary adjustments to Civil Service employees that are at top of the range. We have determined the number of individuals that would be affected in order to implement an additional 2% increase effective January 1, 1993 would require an additional $30,573 adjustment. This would adjust the Civil Service top of range salaries by 2%. It is our recommendation that if this action is taken an adjustment with the command ranks would be required in order to keep a step between the two separate ranks, The total coat for implementation could be taken from the unreserved fund balance of the. Genera]. Fund. The only requirement that would be necessary w,~~.!,i be to amend the budget ordinance showing the total General FL-r, budget allocation by $30,573. If you have any questions, please advise. JFMCG:af AFF00399 8171566-8P00 D/FW METRO 434.2529 ,I i I CITY COUNCIL pooDC w - o00oooo~aoaao boo°= ' = - O ~ O r o u t b ~ °0aoaoaacoooo° - r CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, McKWNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: September 10, 1992 TO: The flonorable Mayor and Members of the City Council FROM: John F. MCGrane, Executive Director of Finance { SUBJECT: ADOPTION OF THE AD VALOREM TAX RATE FOR 1.992 The attached ordinance will serve to adopt the ad valorem tax rate for the year 9.992. Pursuant to preliminary consensus by council on September 8, 19920 a tax rate of $.7180 per $100 of assessed value would be required to support the amended General Fund portion of the 1992-93 Proposed Budget. If adopted, $.2239 of this rate would be used to fulfill General Debt Service Fund requirements, and $.4941 to provide for General Fund operation and maintenance. The $.7180 tax rate is the City's 1992 effective rate. For your information, a tax rate worksheet is also attached which illustrates the tax rate cur calculation. JFMcG:af attachment AFF00398 8171566.8200 D/FW METRO 434•2529 - -'-s n..,.,--. -~-----tea-~~ -__V-- r - 1992 f>SOf=TV nX OATL1i IN My of AR I ui r. S ' errata erty tut rstee for city of Dantrbll+'~' lnformatlon. T4$'2 a xh This notice concerns 1492 prop asr'e tax race is the actual rate the taxipp~u0' f"u ti0 about the** tax rstH. Last Y determine property taxes last !Comp This year's effective thYG rate_wau jear. s, This year a ro total taxes se last YOU If OUst• the taxl ~ngtunit actin set beforetaxp taxpayers ca ssaountt~ totl tax cat* is the h'1gaMt dividing In each li* e rates are found totalavalueaof t xable PropertYl b with adjustawnte Au requl by rollback procedures.. taxes by the tax base (the state law. The re *e are given par $100 of property urine, e+ r Last Year's tax rater $ 9,260,956 last year's operating taxes $ 4,218,212 Last year's debt taxirt $ 13,499,168 Last year's total taxes $ 1,970,393,883 Last year's tax base $ .6851/$10D Last yeAr'e total tax rate TAU yeAr'e Offsets" tax rat" Last year's adjusted taxes $ 13,446,811 + This Yelrr'■ subtracting tax taxes il lost property) $ 1,872,714,976 (after subtracting value of now property) $ ,7180/$300 This year's sffecLivs tax rat* $ x 1 Maximum rate and holds n hearing~it publishes 7395/$100 notice TA/s yW,m rollback tax rata: Last year's adjusted operating taxes $ 9r 205,305 (after subtracting taxes on lost property) $ 1,872,714,976 + This year's adjusted tax bass $ ,4915/$100 + This year's effective operating rate $ ' x 1.08 for add $>OB for ools) - This year's ,53091S100 $ ,3915100 maximum operating rate $ ,7 23547/$100 + This year's debt rate This year's rollback rate Bf19EDULE Al UJ%#12Q VLb6red Fund HelaflGee bt correspondingadeand The following balances will probably be left in the unit's property by tax accounts at of the current fiscal year. These balances are not encumbered obligation. Helena- Tyae of prowrt`LT'~d $ 3,132,580 General Fund $ 309,526 I General Debt Service Fund BOtlLfDULt Bt 1902; Debt 8ervl.a0 The unit plans to pay the fallowing amounts for long-termre debts that rO60CLIced byearoe tax eaves. Three amounts will be paid from 'Property principal 6 Interest Requirements for revenues, it applicable). 1991-92 pese~ot on of Debt principal Interest other o PAW a Tot zaad 1965 General Obligation Refunding $1065 gar ~faU d $ 878,653 $909.09 62,385,559,09 175,000 209r 660 909.09 51x259.09 1987 tlaneral obligation 25,000 25,350 160,099.09 1987 Certificates of Obligation 120,000 19,190 909.09 218x922,09 1907A Certificates of Obligation 175,000 218,013 409.09 1988 General Obligation 175,000 180,175 909.09 426,084,09 1989 General Obligation 17,315 8,363 99.09 26,587.09 1989 certificates Of Obligation 61,419 909.09 192,178,09 97,760,09 129,850 9,391 909.09 1999A Certifloatse of Obligation 47x460 909 09 342,829.09 1991 certificates of Obligation e" n~8i~1a,~170+o.B17.G9 1992 asrtiflc of obligation _1-.057f4, syaawe•+a•~ 0~0 ca 7n9.65I tit) 1992 General obligation r S4,739,651 Total requkred for 1992 debt service 503,545 Amount (if any) paid from funds listed in schedule L $4,236112 6xceae collsot.tona last year Total to be paid from taxes in 1992 _.4 + added In of Its taxeAiin 1991 the unit will 44,736,112 Total Debt Service Levy a summary of actual effective and rollback tax rats calculations, You full calculations at the office of the City eecrotary, 215 E, tan This notice inspect contain* a copy of the McKlmley, Denton, Texas. Mama of person preparing this ooticer Director H 11 ofeTreaeury Operations Titter duly 28, 1992 Date prepared valtaK.o p,, r,nrla i`10 h.. ORDINANCE NO. AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON, TEXAS, FOR THE YEAR 1992, ON ALL TAXABLE PROPERTY WITHIN THE COR- PORATE LIMITS OF THE CITY ON JANUARY 1, 1992, NOT EXEMPT BY LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS* SECTION I. That by authority of the Charter of the City of Denton, Texas, and the Laws of the State of Texas, there is hereby levied for the year 1992, on all taxable property situated within the corporate limits of the City of Denton on the first day of January, 1992, and not exempt by the Constitution and Laws of the State of Texas or by Section II of this Ordinance, a tax of $ on each $100 assessed value of all taxable property. SECTION II. That of the total tax, _ on each $100 of assessed value shall be distributed to the General Fund of the City to fund maintenance and operation expenditures of the City, SFCTTO_N_III. That of the total tax, _ on each $100 of assessed value shall be distributed to pay the City's debt service as provided by Section 26.04(e)(3) of the Texas Property Tax Code. SECTION IV. That pursuant to Article VIII, Section 1-b of the Texas Constitution, $5,000 of the assessed v11ue of resident home- steads shall be exempt from City ad valorem taxes. SECTION V. That pursuant to Article VIII, section 1-h of the 'T'exas Constitution, $21,000 of the assessed value of resident home- steads of persons sixty-five (65) years of age or older shall be exempt from City ad valorem taxes. SECTIO(i,Vl. That for enforcement, of the collection of taxes hereby levied, the City of Denton shall have available all rights and remedies provided by law. SECTION VI1. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court or competent jurisdiction, such holding shall not affect the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity, Y II and approv lshall become affective im- SECTION pl,- That upon its mediately PASSED AND APPROVED this the day of 1992. flOB CASTLEBERRY, MAYOR r" ATTEST: CITY SECRETARY JENNIFER WALTERS, BY: - - APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY -L/ BY: PAGE 2 1 4444W IIT TIT CITY COUNCIL - - 7 7 ~oa~aoaabA-,oo,~ ,oOOO { N Uo pOO~ - -TTIT , XT: o y a. °F g o ppQOQO ~ o k t ~ ooo~oo . ~~QOQObG4d0~ -TT - : Jay. ~ ~ 1 I a tordVeplsele.ord 2 :s -9a. ORDINANCE NO. / X~ A AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE NO. 78-43 WHICH PROVIDED FOR THE REPEAL OF THE ONE (1%) PER^.ENT CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC SERVICES; T,.EIMPOSING PREVIOUSLY ADOPTED TAX ON RESIDENTIAL USE OF GAS AND ELiCTRICITY; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 78-43 which provided for the repeal of the one (1%) percent city sales tax on residential gas and electric services is hereby repealed. SECTION II. That a copy of this ordinance shall be attached to Ordinance No. 78-43, showing the repeal of this ordinance. SECTION III. That puruant to TEX. TAX CODE ANN. Sec. 3the City Council of the City of. Denton reimposes a one (1a) percent tax on residential use of gas and electricity which was officially adopted by a favorable vote of the qualified voters of the City of Denton on December 9, 1967. SECTION IV, That this ordinance shall become effective immedi- ately upon its passage and approval. 1992. PASSED AND APPROVED this the day of BOB CASTLEBERRY ATTEST: JENNIFER WALTERS, CITY SECRETARY BY:- APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY BY, 3 l CITY f COUNCIL oaooauoaa0 ppp~t or p0 a T O~ Q 21 t o~ O C7 ~ . . - ~ O Q O DO~~~~Op0 N. t kOO~Oppoo oaoaacoQO - DATE: Be terber°15; 1997. " CITY COUNCIL REPOR1`_E'ORMAT 1 / Gl TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUNI: Approval of an ordinance approving guidelines for operation of the City of Denton Housing Rehabilitation Program and eligibility criteria, authorizing expenditures In excess of $10,000 for projects meeting guidelines and criteria. r Approval of an ordinance approving the guidelines for the Rental Rehabilitation Program and eligibility criteria, authorizing expenditures in excess of $10,000 for projects meeting guidelines and criteria. 1 RF,C0M4RNDA7I0N: N/A IlAKGROUND: Recently, the ]hsrehasing Department staff noted that the Community Development Offico was authorizing payments in excess of $10,000 without Council approval. These payments were made to rehabilitation contractors on behalf of tho property owneru. _ Rehabilitation funds are provided to owners of both rental and owner-occupied properties in the form of a loan. A majority of the loans provided are deferred and forgiveable. Payments to contrantors are made following a request by the contractor based on approval by the property owner, Community Development Inspector and the Community Development AdministraLur. Final payments on all projects are also contingent on approval by the City's plumbing and electrical inspectors. 911fiQ1 R The fotloscing ordinances wil.1 allow the Community Development Office to continue operating under specific: program guidelines. Ordinances will approve project expenditures in excess of $10,000. As a result of ordinance approval, Council will not be requested to approve individual projects. . 7 Report Format September 16, 1992 Page 2 NgG AM9t DF.PARTMKNTS OR GROUPS AFFECTED: The Community Development staff will continue to administer both I programs as in the past. FISCAL IMPACT: N/A Respectfu ly submitted: Lloyd V. Harrell City Manager Prepared by: Barbara Ross Community Development Administrator Approved: / Frank Robb ns, AICP Executive Director for Planning A Development ALL00316 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING GUIDELINES FOR OPERATION OF THE CITY OF DENTON HOUSING REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA, AUTHORIZING EX- PENDITURES IN EXCESS OF $10,000 FOR PROJEC'T'S MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton participates in a Housing Rehabili- tation Program administered by the City of Denton Community Devel- opment Office and funded through a federal grant from the Depart- ment of Housing and Urban Development; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT QN 1. That it approves the Housing Rehabilitation Program Guidelines and Housing Rehabilitation Program Eligibility Criteria which is attached to this ordinance as Exhibit A and authorizes the City of Denton Community Development Office to administer this program. ` SECTION 11. That it authorizes the expenditure of funds in ex- cess of $10,000 for the Community Development Office for projects meeting program guidelines and critoria. SECTION III. That this ordinance shall become effective ' October 1, 1992. PASSED AND APPROVED this the day of _ , 1992. BOB CA3TLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I t BY: t JJ~,i . T1t r/ ALL00317 F r~ ,rt i "o ORDINANCE NO, 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AP- PROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM AND ELIGIBILITY CRITERIA; AUTHORIZING EXPENDITURES IN EXCESS OF $10,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS the City Council of the City of Denton recognizes the need to assist low and moderate income families in securing safe, sanitary and decent housing; and WHEREAS, the City of Denton maintains a program to rehabilitate tenant occupied housing units by making needed repairs through its Rental Rehabilitation Program which is administered by the City of Denton Community Development office and funded through a federal grant; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the attached Rental Rehabilitation Program Guidelines and Eligibility Criteria and authorized the City of Denton Community Development to administer this program. SECTION 11. That it authorizes the expenditure of funds in ex- cess of $10,000 by the Community Development. Office for projects meeting program guidelines and criteria. SECTION 111. That this ordinance shall become effective October 1, 1992. PASSED AND APPROVED this the day of ___1 1992. BOB CASTLEHERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL, FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ell CITY OF DENTON HOUSING REHABILITATION PROGRAM i i GUIDELINES - 'TABLE OF CONTENTS Introduction Description of Program Procedures 1. Eligibility Requirements II. Application Processing III. Contractor Selection and Monitoring IV. Payment to Contractor V. Financial Assistance Programs VI. Appeals Provisions General Terms and conditions o Minimum Rehabilitation standards Appendices I r i ~t n;difn, / 7-61 Introduction The City of Denton Housing Rehabilitation Program is designed to assist low and moderate income families in securing safe, sanitary and decent housing. This program's objective is to rehabilitate single family owner occupied houses by making needed repairs with the first priority as correcting code violations. The Housing Rehabilitation Program is administered by the City of Denton's Community Development Office and funded through a federal grant from the Department of Housing and Urban Development. The Community Development office is located at 110-B west Oak Street, The following pages contain a detailed description of the program including policies and procedures. The purpose of these guidelines is to explain to potential clients and the citizens of Denton, the Housing Rehabilitation Program and types of assistance available, For further information or clarification of the guidelines, contact the community Development Office at 383-7726. I AAA005CE d D;~anda iln. 9a -002.9.._.. DESCRIPTION OF PROGRAM PROCEDURES I I r I r I i hw 7-- DESCRIPTION OF PROGRAM PROCEDURES 9 'la I• ELIGIBILITY REOU__ _ IRFMENTS , 1 To be eligible for applicant must be rehabilitation assistance, the legal resident a citizen of the United States occupant of a single lin, The applicant must be the or a Fee simple Title to the family dwelling unit and should hold is being purchased under paocontract of sale the the must provide the a home seller property before loan drat with a w t arranty deed on the a lien placed against settlement the occurs or consant to allow qualify on property, only homeowner's who Housing the ogrambasis o the most current HUD section 8 tf assistancePr Income , Limits shall be eligible for establish aThe following table shall be used to income applicant ,s eligibility based on gross family and family size: NUM$--ER _IN HOUSEHOLD INCOME 1 2 $25,200 3 $28,800 4 $32,400 5 $36,000 5 $38,900 7 $41,750 8 or more $44,650 $47,500 The applicant's statement of income shall be verified by contacting the applicant's employer and/or obtaining a copy of the applicant's latest income tax return. Annual income includes earnings (wages, pensions, etc.) spouse's earnings, interest from stocks, bonds, savings accounts, income from real estate, public assistance, child su payments, etc. Also included is any amount earned by any other adults (18 or over) currently residing in the unity unless residence in the unit is a result of a physical disability or individual is a full-time student (12 hours or more). An example of this situation would elderly parent Jiving with children and drawing Security. The Socia be an included as household incomeurity income would notcibe Applicants must also exhibit the ability to pay monthly hnusranceexpen es including mortgage payments assessed b y bills, etc. All p ,y ttaxes Y the various taxing agencies in prop County AAA005CE MR y must be paid in full. Homeowners, on an annual basis,/~ ,c///&' will be required to provide proof of insurance coverage i and payment of taxes when requested in writing by the Community Development Office. II. APPLICATION PROCESSING Any persons wishing to apply for Housing Rehabilitation assistance must complete the application and all other required forms included in the application packet. All information on the completed applications will be verified by the community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. Applications will be taken on a • continual basis but will be evaluated monthly. If the applicant is determined to be eligible for the program, a preliminary inspection will be made of the dwelling unit. The dwelling unit must meet certain standards to be considered rehabable. These standards are listed below: 1. If the unit is situated in the designated flood-plain area, some cost limitation may apply. 2. The unit must be classified as a single family owner-occupied structurea. 3. The unit must be in an existing condition that would permit rehabilitation to bring the structure to meet Section 8 Housing Quality Standards. The first priority item in rehabilitation beyond Section 8 Standards will be to correct code deficiencies. (See Appendix 2) 4. The unit must be serviced by a City approved water supply, sanitary sewer and electrical system. 5. The foundation of the structure must be in a stable condition which would permit lasting rehabilitation efforts. All applicants who meet the minimum eligibility standards and whose houses qualify as rehabable, will be rated to decide a priority for receiving assistance. (Please See Next Page) AAA005CE 3 Individuals applying will be ranked according to the following rating guide. Projects may be chosen on a priority basis at any (i time. Currently, project selection is based on a first come, first served basis. REHABILITATION GRANT/LOAN APPLICATION ELIGIBILITY STANDARDS Income: 1) Below maximum income level , , , , , , , , , , , , , , 5 2) Less than 75% of maximum income level . . . . . , , , , 10 3) Below maximum income level and 30% of monthly income expended on housing . . . . . . . . . . . . . . 10 4) Less than 75% of maximum income level and 30% or more ' of income expended on housing . . . . 20 Risk Analysis: 1) Does the property owner exhibit the ability to pay monthly housing expenses . . . . . . . . . . . . . 20 TOTAL . . . . . . . . . . . . 65 Grant applicants must have a minimum of twenty five (25) points to be ranked for possible assistance. The applicant must be below the minimum income levels (5 points) and must exhibit the ability to pay monthly housing expenses (20 points). However, final decisions on the applicant's eligibility for assistance will be determined by the Community Development Staff. Each applicant may be prioritized according to their needs and the structure's condition. Priority ratings will be determined using the above point scale, A total of ten (10) points will be subtracted from the application of any individual who has had a rehabilitation under any federal or state program during the past ten (10) years. AAA005CE _...._._.,f....~. i, III. CO !T CTOR SELECTIOAT7D~TORG~~~ g~~.~~qz All housing rehabilitation re finding a contractor who willcipients are responsibl the necessary repairs to develop a e for Proposal to proposal must be to heir home, your make office within thirty to the Communit °Dnvelo me t ractores the work order (30) days from the Y Development write-u prepared date you receive Development Housing Inspector, by the Community Contact any reputable and experienced request a ~ bid for the required work, contractor and I IF YOU HAVE ANY TROUBLE FINDING Of the following places for assi CONTRACTOR, contact any rR * stance: Your local Better * Any friends or neighbors r Business Bureau to their propertieswho have had remodeling done * Chamber of Commerce When a contractor comes to look at your home * Show him/her the you should; identifi mandatory work items identified by the Communit that Inspector. Y Development have been * Advise him/her that t Housing u you or the he bid proposal must be returned submission to Community the reh Development office for the due date, program on or before DO NOT SIGN ANY AGREEMENT_WIT BrinH~-CONT~~ Development the contractoris bid office at S bi West p s l to the Community Coooriginal 110-8 Will c review on, the where you made The Community evelo Your pment proposal to verifD 1, The contractor is licensed, Y that, Compensation, insured and has Worker's 2, All bid. required improvements have been included in the 3. The proposed work General is in conformance with the program s Specifications, 4, All proposed rehabilitation costs 5. The are reasonable, contractor you have chosen has disqualified (debarred) by any local not been government agency, state or federal AAA005CE ~y 7 III . CONTRACTOR SELECTION AND MODJITORING + 7 u/~^n' /cam ~ //c) All housing rehabilitation recipients are responsible for finding a contractor who will develop a proposal to make the necessary repairs to their home. Your contractor's proposal must be submitted to the Community Development office within thirty (30) days from the date you receive the work order write-up prepared by the Community Development Housing Inspector. Contact any reputable and experienced contractor and request a bid for the required work. IF YOU HAVE ANY TROUBLE FINDING A CONTRACTOR, contact any of the following places for assistance: * Your local Better Business Bureau. r * Any friends or neighbors who have had remodeling done to their properties. * Chamber of commerce When a contractor comes to look at your home you should: * Show him/her the mandatory work items that have been identified by the Community Development Uousing Inspector. * Advise him/her that the bid proposal must be returned to you or the Community Development office for submission to the rehabilitation program on or before the due date. DO NOV SIGN ANY AGREEMENT WITH THE CONTRACTOR Bring the contractor's bid proposal to the Community Development office at 110-B West oak where you made your original application. The Community Development Coordinator will review the proposal to verify that: 1. The contractor is licensed, insured and has Worker's Compensation. 2. All required improvements have been included in the bid. 3. The proposed work is in conformance with the program's General Specifications. 4. All. proposed rehabilitation costs are reasonable. 5. The contractor you have chosen has not been disqualified (debarred) by any local, state or federal government agency. AAA005CE gyp' ti 7 participating in the Housing Rehabilitation Cor, =tots the eligible homeowner. The Prc,,rm will be be equiredy to solicit bid proposals from atleast will be based on the work write-astup done three by contractors the Community Development rinspe tor. The 1 the homeowner shall also be respeinsible for packet which supping the actores contractor with contractor performance manual, general specifications for irements, a workmanshall insurance and bonding requ contractor's eligibility certification form and a copy of the preliminary work write-up. After the homeowner has received at least three bid proposals and all other required forms from the contractors, these shall be submitted to Cor-iunity Development Office for review. it ble sand rto cone e etomrs in order to find one that is contact contra obtain competitive bids. The bid proposals that are submitted by the homeowner will be reviewed by the community Development Administrator and Inspector to determine if the total bid price reasonable and under the maximum allowable amount. THE CITY OF DENTON AND THE HOMEOWNER RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. approved If the bid proposal selected by the homeowner is then the by the Community Development Admwith the review Community Development staff shall proceed the contractor. Thr. of all other forms submitted by name c appears onl eligibility i f most ontracY.An scoutrtort whose certification form. Any of Denton Debarred Contractor's List f current HUD or City will not be eligible to participate in this program. cause ato declare o a scontractor References w willbebechecked workmanship required ineligible. The contractor must also submit all. proof of insurance forms and bonds (if applicable) Failure to submit these will result in rejection of the bid proposal. Once the contractor has been selected and approved, a e co contract agreement heshomeo homeowner signed. must issue ha notice tto can start work work, proceed. The contractor's work will be monitored by the homeowner, homeownericonsiderrsnany the Community inhspectorcontnrtactor Staff and the building te to be unsatisfactory or work done by incomplete, the homeowner- should advise the contractor o the discrepancy and ask that it be corrected. In the event a dispute axists between the homeowner and the AAA005CE 9 ! contractor with respect to the rehabilitation work, thee City shall take appropriate action in accordance with the provisions of the construction contract to assure that the owner is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Director of Planning and Development shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code ' inspector, the Community Development Staff, and the homeowner. If the final inspection results in no additional work or no specified corrections, the I homeowner shall sign the contractor's release form which states that all work has been completed to their (homeowner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the homeowner copies of all warranties and releases of liens from subcontractors and suppliers. Community Development will not authorize payment to the contractor until these documents are properly completed and submitted to the homeowner. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The contractor will return in thirty (30) days and ask the homeowner if any additional repairs are necessary, Any deficiencies or necessary repairs to specified work will be completed at this time. If no repairs are needed, the contrac- tor will request that the homeowner release the contingency payment. Iv. PAYMENT TO CONTRACTOR: The contractor shall re^eive payment, minus contingency amount, for all completed contracts within 15 working days after final inspection approval. Ten percent (10%) of the total contract amount will be withheld for thirty (30) days. At this time, the property owner must approve release of contingency funds. A forty-five percent (45%) interim payment will be made available to the contractor upon property owner and inspector approval. AAA005CE Y I C~ contractor with respect to the rehabilitation work, the/~?~/w City shall take appropriate action in accordance with the provisions of the construction contract to assure that the owner is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Director of Planning and Development shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code ' inspector, the Community Development staff, and the homeowner. If the final inspection results in no additional work or no specified corrections, the homeowner shall sign the contractor's release form which states that all work has been completed to their (homeowner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the homeowner copies of all warranties and releases of liens from subcontractors and suppliers, Community Development will not authorize payment to the contractor until these documents are properly completed and submitted to the homeowner. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The contractor will return in thirty (90) days and ask the homeowner if any additional repairs are necessary, Any deficiencies or necessary repairs to specified work will be completed at this time, If no repairs are needed, the contrac- tor will request that the homeowner release the contingency payment. IV. PAYMENT TO CONTRACTOR: The contractor shall receive payment, minus contingency amount, for all completed contracts within 15 working days after final inspection approval. Ten percent (10%) of the total contract amount will be withheld for thirty (30) days. At this time, the property owner must approve release of contingency funds. A forty-five percent (45%) interim payment will be made available to the contractor upon property owner and inspector approval. AAA005CE I . 4 An All Bills Paid affidavit or release of lien 1I from al yz subcontractors and suppliers must be submitted before / payment. All electrical, plumbing, mechanical, and roofing permits must also be submitted prior to payment. V. CONTRACTOR DEBARMENT A contractor will be declared ineligible to participate in projects funded by the City cf Denton'- Housing Rehabilitation Program for one or more of the following causes: 1. Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. 7. Failure to use licensed plumbing and electrical subcontractors. 4. Failure to obtain proper insurance, i.e., both liability and worker's compensation. 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. P 5. Failure to pay all subcontractors working on the project appropriately and/or submit affidavits of payment signed by all subcontractors. 7. Failure to obtain proper permits for work in progress. Contractors will be notified of their and will be afforded the opportunity Proposed debarment the action. All appeals mustbemadeoin comment to the Community Development office at least 15 days after the date of the notification letter.. Contractors debarred from the Housing Rehabilitation 1 Program may no longer contact homeowners receiving CDBG funds with the intent of providing a bid on the project. VI. DESCRIPTION OF .FINANCIAL ASSISTA CE PROGRAMS The City of Denton has several financial. assistance categories for those who qualify for the Housing Rehabilitation Program. A description of each category and its requirements follows: AAA005C8 r, /Z oe Renewal Loan; A Home F;enewal Loan a rehabarilitation loan made to eligible applicw~i/th nts ly to bring their property into complianceiSection 8 Housing Codes. The maximum allowable loan is $15,000.00 ($9,000 for previous rehabilitation recipients)* or the value of the equity in the property, whichever is less. Value of equity is determined by subtracting the indebtedness secured by the property from 1.245% of the current tax appraised value, Thp loan shall carry 3% interest and be for a term of up to 10 years with monthly loan payments. The loan will be secured by a lien on the property. The applicant must meet the basic minimum eligibility requirements of the Housing Rehabilitation Program to qualify for the loan. 2. Deferred Pa ment Loan: A Deferred Payment Loan is similar to the Home Renewal Loan. It is made to eligible applicants to bring their property into compliance with Section 8 Housing Quality Standards and within reason, the City of Denton Housing Codes. The maximum allowable loan amount is $15,000.00 ($9,000 for previous rehabilitation recipients)* or the value of the equity in the property, whichever is less. Value of the equity is determined by subtracting the indebtedness secured by the property from 1.245% of the current tax appraised value, The loan shall carry 0% interest and continues until the applicant satisfies the conditions listed in the promissory note. There are no monthly payments. Deferred Payment Loans are secured by a lien on the property. The applicant can be a contract purchaser, however, the seller must provide him with a Warranty Deed or consent to have a lien placed against the property at the time of closing. The applicant must meet the basic eligibility requirements of the Housing Rehabilitation Program, and in addition, meet the special income limits as established for this loan program. (See Appendix 3), 3. Combination Loans; A Combination Loan is a rehabilitation loan comprised in part of the Home Renewal Loan and Deferred Payment Loan Programs. This program is intended for ualif} incomes are not low enough to be eligibles forosa straight Deferred Payment. Loan, but not. high enough to make repayments on a full Home Renewal Loan. The maximum allowable loan is $15,000.00 ($91000 for previous rehabilitation recipients)*. The Home Renewal L,jan portion of the combination shall carry 3$ interest and be for a term of up to 10 years with month'.y loan payments, The deferred payment portion AAA005GE O_.2~ shall carry 0% interest and the loan continues un it the requirements of the promissory note have been satisfied, There will be no monthly payments on this portion of the combination Loan. The loan is secured by a mortgage or deed of trust. Applicants must be able to obtairna Warranty Deed from the seller at the time of closing. The applicant must meet the basic minimum eligibility requirements of the Housing Rehabilitation Program and in addition meet the special income limits as established for this program. These income limits are defined in Appendix 3. 4. The level of monetary assistance will be determined prior to rehabilitation. A structural evaluation will be completed. Each structure will be assessed and it will be determined whether the repairs needed are (a) minor, (b) moderate, (c) major, or (d) extensive, Allocations will be as follows: minor repair/rehabilitation - $9,000 allocation moderate repair/rehabilitation - $12,ooo allocation allocation major repair/rehabilitation - $15,000 a allocation cannot be rrehabilitat excess (ar this program. Structures needing 5. Repayment Poll rv for Financial Assistancntwhorhea the applicant receives a loan, a 9ra combination loan/grant, he or she must agree to have a lien placed on their property until they have satisfied the requirements of the promissory note. In lien the case of a loan or combination loan/grant, the will remain until the loan has been paid in full. In the event of death of the loan recipient, the w.. remainder of the ].can must be paid by whomever becomes the legal owner. If for any reason the loan recipient remaining property the at paid the in decides £ull, to sell time of the sale. * No recipient of rehabilitation assistance may request additional assistance from the City of Denton for home repairs the prior five. (5) years after the date of the release of lien In the case of a grant, the lien will remain in effect until the grantee. has lived on his/her property for the number of months specified in the promissory note. In the event of the sale of the property, grant the shall convert to a loan for the remainder of the amount due, In the event of the death of the grantee, AAA005CE h the grant shall convert to a loan for the remainder" o the amount due unless another family member who meet the income eligibility requirements resides on the property. In this case, the remainder of the loan stwilatles, be forgiven as the original promissory note A waiver of these provisions can be requested if the property owner feels that their circumstances require special consideration. Section VI of the Guidelines explains how to request a waiver. The Community Development Staff will review each application and determine what type of financial assistance the applicant is eligible to receive, The chart shown in Appendix will be used as a guide for the committee to use, other factors such as percentage of monthly income spent on housing expenses and other large payments such as medical expenses will be taken into consideration, VII, APPEALS Pi_ROVIg_IONS; A. Request for Waiver; The City of Denton's Housing Rehabilitation Program has been developed to adhere to a set of guidelines in order to assure proper administration and management. In the event that an applicant feels that his circumstances require special consideration, he can request a waiver from the usual requirements. All requests for a waiver will be reviewed by the Community Development Administrator on a case by case basis, B. Appe, aIs -procedure; Aplics wo have been determined by the Community Develtopment Administrator to be ineligible for rehabilitation, may appeal this decision to the Executive Director of Planning and Development Department. A written appeal must be submitted, The Executive Director of the Planning and Development Department shall issue a written response within fifteen days of receiving the complaint. Any applicant who feels that they have been unjustly denied rehabilitation assistance under the Cityls Housing Rehabilitation Program should follow the appeals procedure outlined above. AAAOOScE 9 a \ i I 1 GENERAL TERMS AND CONDITIONS i I 1 GENERAL TERMS AND CONDITIONS 1. Property owner agrees to comply with all HUD requirements with respect to Title VI of the Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed or national origin in the sale, lease, rental, or use of occupancy of the subject property. 2. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, - United States Department of Labor, the Department of Housing and Urban Development., or the community Development Office to receive an award of such contract. 3. Property owner agrees not to pay any bonus, commission or fee for the purpose of obtaining the Community Development staff's approval of the grant application or any other approval of concurrence required by the Housing Rehabilitation Program. 4. The homeowner will continue to occupy the premises during the rehabilitation; but he will cooperate with the contractor in a reasonable manner. 5. Property owner agrees that existing house utility services will be made available to the contractor without charge as follows: electricity, gas, water and telephone (local calls only). b. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold the funds made available to the owner for the rehabilitation grant for the purpose of the disbursement thereof to the contractor. 7. Property owner agrees that it is his sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner further agrees that the city has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent or hidden conditions in the property which were not included in the original inspection and work write-up of the City are not the responsibility of the contractor nor of the city, but remain the responsibility of the owner. AAA005CE pMl 8. As part of the consideration for providing the funds toj/Q //x rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the wort: to be performed.'Dy contractor, taking into consideration the ability of the owner to do so. 9. The owner shall issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractor's bid and proposal. If the Notice to Proceed is not received by the contractor within this thirty (30) day period, the contractor has the option of withdrawing his bid and proposal. If the contractor chooses to do this a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date r" of said Notice and shall complete said work within sixty (60) days or the number of days stated in the Rehabilita- tion contract. 10. The contractor shall not assign the contract without written consent of the owner and Che City and/or its agent. 11. It is agreed between the owner and the contractor that damages due to delay are impossible to determine and that in the event the contractor does not complete the work required under the contract within the specified time, the contractor shall be liable for and shall pay to the City as liquidated damages the sum of one percent (1%) of the total contract amount or $55, whichever is greatest, for each calendar day of delay from the date stipulated for completion in the Rehabilitation Contract until such work is satisfactorily completed and accepted. 12. The contractor shall not be charged with liquidated damages for any delays in the completion of work due to the following: A. Any acts of the government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency. S. Any acts of the owner. C. Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence of the contractor; including but AAA005CE 1 i~~ 902 not limited to acts of God or of",fhe public "ehemy; acts of another contractor in the performance ot2 , some other contract with the owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and weather of unusual severity such as hurricanes, tornadoes, etc. D. Any delay of the subcontractor occasioned by any of the causes specified in Subparagraphs (A) (B) and (C) above, provided that the contractor promptly (within 10 days) notifies the owner in writing of the cause of the delay. If the facts show the delay to be properly excusable, the o*,her shall extend the contract time by a period commensurate with the period of excusable delay. 13, The contractor shall not be heM responsible for preexisting violations of law including but not restricted to zoning or building code regulations at the property listed in the contract. Before beginning work, the contractor shall examine the work write-up for compliance with the applicable ordinance and codes for the new or replaced work and shall immediately report any discrepancy to the owner. Where the requirements of the work write-up fail to comply with such applicable ordinances or codes for the new or replaced work, the owner and the City will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. 14. The contractor shall comply with all non-discrimination clauses included in the contract; non-compliance will result in termination of the contract. 15. Bids or proposals will be submitted at the bidder's risk and the City or the owner reserve the right to reject any or all bids or proposals. 15. Subcontractors shall be bound by the terms and conditions of the contract, insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be released from this responsibility by any subcontractural agreement he may make with others. 17, When adjacent property is affected or endangered by any work done under this contract, it shall be the responsibility of the contractor 'to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. AAA00 ,:E k ~Nl 18. Repairs shall be made to all surfac6'9'- damaged----by 'gt ~y contractor resulting from his work under this contract at` no additional cost to the owner, Where "repair of existing work" is called for by the contract, the feature shall be placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be removed and replaced and the finished work shall match adjacent work in design and dimension. 19. After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval his requisition for payment. when the required warranties and the release of liens have been executed by the contractor, the final payment will be made which will include any amounts remaining due under the contract as adjusted in accordance with approved change orders and subject to withholding of any amounts due the owner for "liquidated damages" as may be necessary to protect the owner against any claim arising from the contractor's operations under the contract. Payments will be made within 10 days of formal requisition for payment, Only one partial payment may be made when 50% of the work has been completed. 20. A Rehabilitation Grant may be made only to cover the cost necessary to bring the dwelling into conformance with Section s, Existing !fousing Quality Standards. The two categories of repairs listed below are to be included as priority items: A. Required Reyairst Code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. B. Recommended Repairs; Code corrections or preventive maintenance efforts which should be undertaken to avoid more costly future action. (1) Heating, plumbing and electrical improvements (2) weatherization (3) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls (4) Interior work such as renovation and repair of existing kitchen and bath facilities. i 21. Mobile homes are not eligible for rehabilitation assistance. 22. The Denton County Appraisal District automatically reappraises any house where a building permit is issued. Although a building permit is not normally issued for AM005CE b rehabilitation work, the homeowner should'be'afw ze of--th£"s~t~ fact. If the home is reappraised, yearly property taxes will also increase. ' 2.;. Change orders may be made to cover an item of work which cannot be determined until sometime during the course of the rehabilitation work. The Community Development Staff shall not consider a change order proposed by a bidder that is not called for in the contract document prepared by the Community Development Office. Change orders will be considered as follows: i A. Change orders are used to add work necessary to correct incipient items that have been found to be defective after work is in progress but were not r anticipated at the time the contract was executed. B. Change order requests will be limited to only those " items that must be corrected to meet Section 8 standards and/or city code requirements. No change orders for recommended or general property improvements will be approved. C. The change order amount is limited to a maximum of 10 percent (10%) of the total contract amount. No more than $15,000.00 will be spent on any house. $9,000.00 will be the maximum on structures that have previously been rehabilitated under a federal program. if it is necessary to request a change order to make required repairs and the contract is already at the maximum amount, a work item of less priority will be deleted from the bid proposal in order to compensate for the added amount. See description of Program Procedures. D. change orders will be used when it is necessary to delete work from a contract for any reason. when items are deleted from the contract, they shall be at their previously bid amount. When items are deleted, but do not have specific costs, in such cases the contract shall be reduced by negotiating the cost at prevailing rates. E. All change orders shall be executed by the homeowner, contractor, and a member of the Community Development Staff. F. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the work or MA005CE T 9Z rehabilitation, provide any extra or 12i ditional-vork- or supply additional labor, services or materials beyond that actually required for the execution of the contract. G. All change order requests must be submitted by the contractor, signed by the homeowner and approved by the Community Development Coordinator. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this is done. H. The approval of a change order shall constitute authorization by the homeowner and community Development Coordinator to change the grant amount equal to the cost of the work, added or deleted. I. It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractor's control. J. If the contractor feels that any of the limitations listed above will result in the incomplete rehabilitation of the structure as specified in the contract, he may appeal the limitation to the Housing Rehabilitation Advisory Committee, 24. If the work completed is not in accordance with the construction contract, a member of the Community Development Staff shall advise the property owner of the non-compliance who then shall obtain appropriate action from the contractor. No payment shall be processed on a h construction contract until a contractor has satisfactorily completed all necessary corrective action. 25. The owner shall be able to select the color and style of certain materials (i.e. carpet, floor covering, paneling, paint, etc.). No more than one selection of carpet and vinyling may be made. No more than two interior paint choices and two exterior paint choices may be made (main color and trim). i 26. The contract warrants that all materials, fixtures, and equipment furnished by the contractor and its subcontractors shall be new, of good title and that the work wil; be done in a neat and workmanlike manner. Neither the final payment nor any provision in the contract nor partial or entire use or occupancy of the premises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The contractor shall promptly remedy any AAAOOSCE R defect in the work and for an damage „ pay any to otKer work ~ //S' resulting therefrom which may appear within a period of ° one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 27. Interest of certain federal. and other officials: A. No member or Delegate to the Congress of the United States and no Resident Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit to arise from same. B. No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant Program and no other employee of the Depar~'ment of Planning and Development who exercises any such functions or responsibilities shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. { The length of time this exclusion shall be in effect is one (1) year follow;,ng the ending of term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. I AAA005CE 1 M ~L 7 . MINIMUM REHABILITATION STANDARDS Roofs L/ Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stripped to the decking. If it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repaired or replaced as needed. Where new decking is required the material. shall be one-half inch plywood or one-half inch waferboard to be used with H clips between sheets. All roofs that all stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, Ir with at least 12 inches of lap, if installation of rolled roofing is not sufficient to promote proper run off roof will be rebuilt. Siding and Trim j All exterior siding and trim shall be free of holes, ci:acks or rotted material which might admit moisture into walls. New siding may he applied only if the cost of new siding and installation is comparable to the repair and painting costs of the existing siding. windows All windows and hardware shall operate satisfactorily. cracked or broken windows =hall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. Drainage The grade of concrete or dirt should drain at least five (5) feet away from foundation walls. Site Improvements All replaced concrete surfaces are to be level with the widths to match the existing surfaces. All steps both concrete or wood that pose a threat to the occupants shall be repaired or, if necessary, replaced with treated material or concrete. Foundations and Piers skirting shall be six (6) inches underground level. If it is necessary to install skirting, new 22 or 24 gauge skirting shall be used. AAAOOSCE mom] l~: 1 Kitchens Kitchens shall have a specific area which contains a sink with h and cold running water, counter work space, and space for storage/ of cooking utensils, stairs All stairs shall provide for the safety of ascent and descent, All treads and risers should show no evidence of breakage or have evidence of excessive wear. All stairs shall be equipped with handrails, Utility Areas G the bathrooms as or oil fired water heaters or furnaces shall not be located in or bedrooms. In addition to all plumbin and electrical codes, water heaters and furnaces hall be enclosed with (w a sealed door and adequate upper and dryer hookups must meet aand Code°ombustion air. All structural system The wood, masonry or steel components shall be in serviceable condition for the expected useful life of the rehabilitated building. Structural members which are in seriously deteriorated condition shall. be replaced, sagging and un.level floors shall be raised and stabilized as level as possible without causing interior damage. Termite inspection and treatment shall be done if evidence of I active infestations exist, A certified pest control company will carry out the treatment and present documents of proof, Electrical System All replacement of existing wiring and equipment shall be done in conformance with the NatJnnal Electric code and the City of Denton Code, Any potential source of electrical hazard or ignition of combustible material shall be corrected. GFI outlets shall be used in bathrooms, kitchen, garage, and exterior receptacles. Additional outlets shall be added to eliminate extension cords and, at the request of the City .Inspector, to meet City Codes. Plumbing The plumbing system shall operate free of fouling and clogging, and not have cross-connections which permit contamination of the water supply or back siphonage between fixtures. AAA005CE All sinks, lavatories, water closets, water heatCf, a d / other r! plumbing fixtures shall have accessible cutoff valves. Allj 7 ellf fixtures shall have P-traps, necessary vents and be properly connected to a public or private sewage disposal system. All sewer lines shall have accessible cleanouts. All water heaters shall be installed with double wall vent stack, a pop-off valve, and overflow to the exterior of the structure. Mechanical Equipment All gas fired heating units must be vented with double wall pipe and proper upper' and lower- combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. i Rigid gas pipe must be used to supply heating units with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All duct work shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. r• Insulation and weatherization A R-19 insulation value in the attic shall be required. Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily openable from the inside without the use of keys. All exterior doors shall be weather stripped so that there is no significant entry of air or water into the structure. Porches and Decks All porches and decks shall be safe and capable of supporting anticipated loads, All porches and decks in deteriorated condition and which serve no useful purpose or which are not economically repairable shall be removed. Porches and decks thirty (30) inches above grade shall have guardrails and flights of stairs with four (4) or more risers, They shall have a handrail on at least one side, Gutters and Downspouts Gutters and downspouts should exist where they are deemed necessary to promote proper drainage, cutters will LLt normally be installed if they do not already exist. Downspouts that cannot be connected to drain tiles shall have splash backs with proper site grading. AAA005CE chimneys and Vents Furnace and water heater vents shall be double wall vent pipe. Gi Existing unlined masonry chimneys having open mortar joints or cracks shall be removed or made safe by installation of a UG approved flue liner. Vent-a"-hood stacks shall be vented through the roof. Interiors All floors, walls, and ceilings shall be maintained in good, clean, and sanitary condition. All peeling paint, cracked or loose plaster, and other defective surface conditions shall be eliminated. All doors shall be operational. Carpet and vinyl that is badly worn, torn or too dirty to be cleaned shall be replaced. This shall be determined by the C.D. „ Inspector. Existing carpet shall be cleaned by a commercial steam cleaner, if necessary. M Bathrooms An operational water closet, tub or shower, and lavatory should be in the bathroom. Hot water should flow to the lavatory and tub or shower. Cold water should be supplied to all fixtures. Either a window or an exhaust fan must be present to properly vent the bathroom. cabinets Built.-in kitchen cabinets shall be repaired up to 50 percent of the cost of new cabinets. Bathroom cabinets are not required, AAA005CE i APPENDICES i Y" . Appendix 2 SECTION 8EXISTING HOUSINGIPROGRAM S-882.109 Housing quality standards - Housing used in this program shall meet the Performance Requirements set forth in this section. In addition, the housing shall meet the Acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local clir:atic or geological conditions or local codes are examples which may justify such variations. (A) Sanitary Facilities - (1) Performance Requirement. . The dwelling unit shall include its own sanitary facilities which are in proper operating condition, ' can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste. (2) Acceptability criteria. A flush toilet in a separate, private room, a fixed basin with hot and 1 cold running water, and a shower or tub with hot and cold running water shall be present in the dwelling unit, z,ll in proper operating condition. These facilities shall utilize an approved public or private disposal system. (D) Food Preparation and Refuse Disposal - (1) Performance Requirement. The dwelling unit shall contain suitable space and equipment to store, prepare, and serve foods in a sanitary manner.. There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where l necessary. (2) Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the owner or the Family, and a kitchen Sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and nerving of food shall be provided, There shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g. garbage cans). (C) Space and Security - (1) Performance Requirement. The dwelling unit shall afford the family adequate space and security, (2) Acceptability Criteria. AAA005CE ~I 1 A living room, kitchen area, and ba't.hro m shall beg2 present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable. (D) Thermal Environment - (1) Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal environment healthy for the human body. (2) Acceptability Criteria. The dwelling unit shall contain safe heating and/or cooling facilitise-i which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy living environment. Unvented room heaters which burn gas, oil or kerosene are unacceptable, f~ (E) Illumination and Electricity - (1) Performance 1 Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. Sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in the bathroom and kitchen area. At least two electric outlets one of which may be present and operable in I 3 the living area, kitchen area, and each bedroom area. (F) Structure and Materials - (1) Performance Requirement. The dwelling unit shall be structurally sound so as not to pose any threat to the health and safety of the occupants and so as to protect the occupants from the environment. (2) Acceptability criteria. Ceilings, walls and floors shall not have any serious defects such as severe bulging or leanin,f, large holes, loose surface materials, severe buckling or noticeable movement under walking stress, missing parts or other serious damage. The roof structure shall be firm and the roof shall be weathertight. The exterior wall structure and exterior wall surface shall not have any serious defects such as serious leaning, buckling, sagging, cracks or holes, loose siding, or other serious lamage. The condition and equipment of interior and exterior stairways, halls, porches, walkways, etc., shall be such as not to present a danger of tripping or falling, elevators shall be maintained in safe AAA00508 I R4 _I r h 9 1,,5'- 9Z and operating condition. In the case of a mobile home, the home shall be securely anchored by a Z tiedown device which distributes and transfers the loads imposed by the unit to appropriate ground anchors so as to rasi;st wind overturning and sliding. (G) Interior Air Quality - (1) Performance Requirement. The dwelling unit shall be free of pollutants in the air at levels which threaten the health of the occupants. (2) Acceptability Criteria. The dwel- ling unit shall be free from dangerous levels of air pollution from carbon monoxide, sewer gas, fuel gas, dust, and other harmful air pollutants. Air circulation shall be adequate throughout the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (H) water sul.ply - (1) Performance Requirement. The water supply shall be free from contamination, (2) Acceptability Criteria. The unit shall be served by an approved public or private sanitary water supply. 1 (I) Lead [lased Paint - (1) Performance: Requirement. (i) The dwelling unit shall be in compliance with HUD Lead Erased Paint regulations, 24 CFR, Part 35, issued pursuant to the Lead Based Paint Poisoning Prevention Act, 42 U.S.C. 4801, and the owner shall provide a certification that the dwelling is in accordance with such HUD Regulations. (ii) If the property was constructed prior to 1950, the Family upon occupancy shall have been furnished the notice required by HUD Lead Based Paint regulations and procedures regarding the hazards of lead based paint poisoning the symptoms and treatment of lead poisoning and the precautions to be taken against lead poisoning. (2) Acceptability Criteria, same as Performance Requirements. (J) Access - (1) Performance Requirement. The dwelling unit shall be usable and Capable of being maintainer) without unauthorized use of other private properties, and the building shall provide an alternate means of egress in case of fire. (2) Acceptability Criteria. j 'rhe dwelling unit shall be usable and capable of being maintained without unauthorized use of other { private properties, and the building shall provide an alternate means of egress in case of fire. (K) Site and Neighborhood - (1) Performance Requirement. The site and neighborhood shall be reasonably free from disturbing noises and reverberations and other hazards to the health, safety, and general welfare of AAA005CE 3 the occupants. (2) Acceptabilit Th Q-'`CriteGi-a, -The site and neighborhood shall not be subject to serious~3~d adverse environmental conditions, natural or man-made, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent infestation; or fire hazards. (L) sanitary Condition - (1) Performance Regrirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability criteria. The units and its equipment shall be free of vermin and rodent infestation. (M) Congregate Housing. The foregoing standards shall r* apply except for paragraph (h) of this section, Food Preparaticn and Refuse Disposal. In addition the following standards shall apply, aE. unit shall contain a refrigerator of apN;,opriate size. (2) The central dining facility (and kitchen facility, if any) shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner, and there shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for tem_,orary storage where necessary (e.g., garbage cans). 1 AAAOOSCE j 1 r ,~'5'" f1 r j, (J4 0 0 0 0 0 0 0 0 O a Z I I I I I I i I fcpC o 0 0 0 0 0 o o q a in o U)0 a o 0 0 r o N 0 M ri ~ r z Q ~ ~O lf1 00 O N d' ~0 r 0~ H ~ 1 ~ ri fJ N N N N N W V} V} V> V} V} yr V), Sr-~ W Q ra a w z Q 3 F r-t 1.4 ri r-I H ri ri r{ O 7 in o u-, 0 0 0 0 0 r O N In (n H T r F V 'T+ 4 H ° N N N N N a 1H C4 I I I I I I I I a F' V) Q o A o a 0 0 0 0 a o o n 0 o A o o O r' O N t0 A M ~0 H z co O "t' N N N N M M M M t'I W O V} u! VF (h VT VF V> VY 0'i { rl ra r-I r-I ri ri rl r-I A ° O O Ln 0 C 0 O O d' V' M N W o M ko FF A N N N M M M M C~ ~ I I I I I I I I W H OG aM O A o o O O U O u u M N w O 01 f~ D Ul W z A O9 7 O In N N ~0 00 rl `t r U 0 7-y U ~ N N M M M ~Y d' 'd' W VF VY VF Vf f/f VF VT Vf ~ a N aW H O N a0 N W ~ Q ri N M q 0 %0 r O 00-4 r-a n ~i 44 ° C~7 O ri N V' U1 k0 r U) H M z ~o qN i QUALIFYING INCOME LIMITS AND RANGES FOR THE CITY OF DEN I'ON'S CDBG ASSISTED PROGRAMS NO. FAMILY SIZE HOME RENEWAL COMBINATION LOAN DEFERRED PAYMENT 3% LOAN HOME DEFERRED 01; LOAN i _ RENEWAL PAYMENT 1 1 $25,200 - 20,401 $20,400 - 15o751 $15,750 - 0 2 2 $28,800 - 23,401 $23,400 - 18,001 $18,000 - 0 3 3 $32,400 - 26,351 $26,350 - 20,251 $20,250 - 0 4 4 $36,000 - 29,251 $29,250 - 22e501 $22,500 - 0 5 5 $38,900 - 31,601 $31,600 - 24,301. $24,300 O 6 6 $41,750 - 34,001 $34,000 - 26,101 $26,100 - 0 7 7 $44,G50 - 36,301 $36,300 - 27,901 $27,900 - 0 8 8 $47,500 - 38,601 $38,600 - 29,701 $29 700 - 0 DEMOLITION OF STRUCTURES WILL BE COMPLETED AT NO CHARGE TO PROPERTY OWNER`.' MEE'T'ING ANY OF THE INCOME ELIGIBILITY CATEGORIES ABOVE. (J i l9 11 U W AAA005C8 h r i STANDARDS OF WORKMANSHIP I 1 s X y ~ if 1J\ STANDARDS OF WORMANSHIP GENERAL SPECIFICATIONS J 1NDEX Ise- Paae Item Page I, Foundation VII. Windows 1. Leveling 1 1, Wood Units 6 2. Skin 1 2. Aluminum Units 6 3. Creephole Door 1 3. Window Screono 6 4. Ventilation 1 4. Reputty 6 5. Floor Framing 2 5. Window Glass 6 6. Floor Joists 2 S. Replace Sills 6 II, Walls (exterior) 7. WoatherstrippLnq 6 1, Replace Stud wall 2 8, Storm windows 7 2. Repair Asbestos Siding 2 3. New Asbestos Siding 2 VIII. Exterior Trim 4. Repair Comp. Siding 2 1. All Exterior Trim 7 5. Straighten Walls 2 2. Masonry 7 6. Replace Siding 2 IX. Finish Floors r' III. Porches 1, Wooden 7 1. Removal 3 2. Tile Installation 7 2. Replace Wooden Flooring 3 3. Ceramic Tile 7 3. Wrought iron 3 4. Carpet 7 4. Wood Columns 3 5. Concrete Porch 3 X. Walls (interior) 6. Stoops 3 1, Dry Wall Products 8 7. Steps 1 2. Wainscot 8 8. Handrails 3 3. Ceiling Insulation 8 9. Cuardralls 3 4. Ceiling Finishes 9 IV. Walks and Drives XI. Mill work I. Walks 4 1. Material 9 2. Driveways 4 2. Workmanship 9 t 3, Approaches 4 XII. Painting V. Roof Material 9 1, Level 4 General Requirements 9 2. Decking 4 3, Preparation of Surfaces 10 3. Gutter and Downspout 4 4, Exterior Painting 11 4. Flashing and Valley 4 S. Masonry Painting 11 5. Repair Comp, Roof 4 6. Interior Painting 11 b. New Built-up Roof 4 7, Caulking 11 7. New Built-up over Old 5 8. Application 12 8. New Comp. over old 5 9. All Roofing Work 5 XIII. Finish Hardware 1. Finish Hardware 12 VI. Doors 1. Exterior Doors 6 XIV, MiscelLaneous 2. Frame s 1. Counter Tops 12 3. Threshold 5 2. Attic Vonts 12 4. All New openings 5 3. Mechanical Venti`ators 12 5. Remove & Close opening 5 4. Vent-a-hoods 12 6. Aluminum Screen Doors 5 S. Bullt-ins 12 7. Wooden Scroon Doors 5 6. Attic Insulation 12 8. Interior Doors 6 7. clean up 13 9. Storm Doors 6 S. Site Drainage 13 AAAO05CE i _ .J page Item XV. Plumbing 13 1, Bathroom Accessories 13 2, Heating Line; 13 3, plumbing L 13 4, Septic Tanks XVI. Electrical 13 1, Electrical Lines XVII, Energy Conservation 14 1, Doors and Windows 14 2, openings 14 3 pipe Insulation 14 q, Duct insulation 14 5 Design Insulation 14 6, Ceiling insulation 14 7, Wall Insulation XVIII. Span Tables 15 1, ceiling Joists 16 2, Rafters 11 r 3, Floor Joists XIX. Miscellaneous 18 1, construction Code Info 14 Safety Standards AAA005CF { 1 \ item Page XV. Plumbing 1. Bathroom Accessories 13 2. Heating 13 3. Plumbing Lines 13 4. Septic Tanks 13 XVT. Electrical 1. Electrical Lines 13 XVII. Energy Conservation I. Doors and Windows 14 2. Openings 14 3. Pipe Insulation 14 4, UUct Insulation 14 5. Design Insulation 14 6. Ceiling Insulation 14 7. Wall insulation 14 XVIII. Span Tables 1. Ceiling Joists 15 2. Raftern 16 3. Floor Joists 17 XIX. Miscellaneous 1. Construction Code Info 18 2. Safety Standards 19 AAAOOSCE r y 1 GENERAL SPECIFICATIONS TRADE NAMES: Are used to establish a guide as to quality and type of material required. MATERIALS: Shall be new, in good condition and of standard grade unless otherwise specified. REPAIRS: where repairs of existing work are called for, the feature is to be placed in "equal or new" condition either by patching or replacement. All damaged, loose or rotten parts shall be removed and replaced, and the finished work shall match adjacent I work in design and dimension. fl IMPLIED WORK: work specified and not shown on drawings or drawn and not specified will be executed as if fully described by both methods; and any work or materials which are not directly noted in the specifications or drawings, but necessary for the proper carrying out of the obvious intentions thereof are to be understood as implied work and will be provided for by the contractor in his proposal as fully as it specifically described and drawn. EXAMINATION OF PREMISES: It is understood and agreed that the Contractor has by careful examination, satisfied himself as to the nature and location of the work, the character and quality of the materials to be encountered, the general and local conditions, and all matters which 'can in any way affect the work under this contract. The proposal shall be based on the plans, specifications and contract documents supplemented by the conditions at the site. REMOVAL OF PORTIONS OF THE STRUCTURE. Removal of portions of the structure shall be done in a workmanlike manner with a minimum amount of damage to the remaining portions of the structure. 1. DU_NDATJON 1. LEVELING: Shall be done in accordance with the building code. 2. SKIRT; Shall be constructed of conforming materials with s inches 22 or 2,1 gauge galvanized flashing with 2 inches overlap on bottom of skirt and extended into ground, a. CREEPHOLE DOOR: Shall be hinged and constructed of such rodent proof' material as to conform with foundation skirt, and shall be adequate size for entrance to crawl space:. (fie; 24 inches x 2 nches at h_And stops) . 4. FOUNDATION VENTILATION: Under-floor areas shall be ventilated by openings in exterior foundation walls. such openings shall have a not area of not less than AAA005CE 77 1 square foot for each 150 square feet o uhder-floor~~,/ area. G Openings shall be located as close to corners as practical and shall provide cross ventilation. The required area of such openings shall be approximately equally distributed along the length of at least two opposite sides. They shall be covered with corrosion-resistant wire mesh with mesh openings of 1/4 inch in dimension. 5. FLOOR FRAMING: Replace all rotten or deteriorated flouring pieces with a standard grade material. All materials should comply with existing codes. II. WALLS aKT1 RIOF; 1. WALL FRAMING: Replacen ni studs shall conform with existing wall framing. ?n the event an entire wall is add-d or replaced, the !ul.lowing criteria shall be applied: stud grade 2 x 4's located at load-bearinq walls shall have a maximum height of 10 feet, shall be spaced a maximum 24 inchv.s CC, supporting roof and ceiling only, shall be spaced a maximum 16 inches OC supporting one floor, roof and ceiling. Stud grade 2 x 4's located at non-load-bearing walls shall have a maximum height of 14 feet; shall be spaced a maximum 24 inches CC, Utility grade studs shall not be spaced more than 16 inches OC nor support more than a roof and ceilii1q, nor exceed 8 feet in height for exterior walls and load-bearing walls, or 10 feet for interior non-load-bearing walls. 2. REPAIR ASBESTOS SIDING: Replacement shall be conforming pattern, type and color.. If unable to match the structure shall be painted to make color conform. 3. REPAIR COMPOSITION SIDING: Replacement shall be of conforming pattern, type and coloo'. If unable to match, the structure shall be painted to make color conform. Asphalt minimum weight 105# per square, insulated composition minimum weight 225# per square. 4. STRAIGHTEN WALLS: Walls shall be straightened by removing necessary wall boards (either exterior or interior) in order to work wall framing to a straight and even plane. Replace such structural members as required and brace properly. Reinstall siding and other components in a workmanlike manner. CaAlLc all e ter qr ioints be e~~intina. 5. REPLACE SIDING: All wood siding shall be D grade or equivalent. Siding shall have a minimum thickness of AAA005CE O 1~ 7 1 . I Y Z' 3/8 inch unless placed over sheatY:inc1 that lias an ICB0";/a (International Code of. Building Officials approval. Siding patterns known as rustic, drop siding or shiplap shall have an average thickness of not less than 3/8 inch. Bevel siding shall have a minimum thickness measured at the butt section of not less than 7/16 inch and a tip thickness not less than 3/16 inch. All weatherboarding or siding shall be securely nailed to each stud with not less than one nail, or to solid 1 inch nominal wood sheathing or 1/2 inch plywood sheathing with not less than one line of nails f spaced not more than 24 inches OC in each piece of the weatherboarding or siding. All fasteners used for the attachment of siding shall be of a corrosion-resistant type. III. POB-CHES 1. REMOVAL: Shall be done in such a manner as to cause a minimum amount of damage to the remaining structure, Adequate bracing and strengthening shall be done as necessary for the main structure after removal. 2. REPLACE WOODEN FLOORING: Flooring shall be of tongue and groove type, and preservative treated to prevent deterioration unless otherwise specified. 3. WROUGHT IRON COLUMNS: Colonel Logan or equivalent. 4. WOOD COLUMNS: Shall be a minimum 4 inches x 4 inches dimension. Columns and posts located on concrete or masonry floors or decks exposed to the weather or to water splash which support permanent structures shall be supported by concrete fliers or metal pedestals projecting above floors, unless approved wood or natural resistance to decay or treated wood is used. The pedestals shall project at least 6 inches above such floors. Individual. concrete or masonry piers shall project at least. 8 inches above exposed ground unless the columns or posts which they support are of approved wood of natural resistance to decay or treated wood is used. 5. CONCRETE PORCH: shall have a compressive strength at 28 days of at least 3000,E PSI. S.oncrete will be deposited when temperature is 36 S. or above and rising. CorLe+rete _s-4AL llatbe dgygs_Jted on I-rp.gp q_round, bb e '•_1 orce~. i?~ lni~5i~l h 4_1Q~14 w~-mash. 6. STOOPS: Are to be c:onstr.ucte.d of such material as to conform with existing roof, and shall have all i AAA005CE h 2-.. necessary structural members re structurally qui sound unit, z~ toform^9a 7. STEPS, If steps are called for, they shall be poured monolithically, and shall have an 8 inches maximum rise and 9 inches minimum run, 8, HANDRAILS; Handrails shall be required for stairways h aving four or more risers and serving one individual dwO thanl io itches nor dmores shall n hes dabonot ve less the nosing of treads and shall extend not less than 6 inches beyond the top and bottom risers, The handgrip portion of handrails shall be not less than i and 114 inches nor more than 2 inches in cro ts-sectional dimension or the shape shall provide an equivalent A shall have aface. The surEace cJwith portion no t sharpfcornersi.ls 9. GUARDRAILS: All unenclosed balconies or are more than 30 inches above porches which e Or floor shall be protected by a guardrail. grad Guardrails shall be not less than 42 inches in height, open guardrail and stair railings shall have intermediate rails or an ornamental pattern such that a sphere 6 inches in diameter cannot pass through. IV. WAfd)iS_a$IVES 1, SIDEWALKS; Concrete shall have a compressive strength at 28 days of at least 3000 P.S,I, Concrete will be deposited when temperature is at 36 degrees Fahrenheit or above the rising. Sidewalks shall be reinforced with a minimum single layer of 6-gauge mesh, 2 layer:; of 10-gauge mesh, or #3 rebar 18 inches o,C.E.W. Sidewalks shall have a minimum grade of 1/4 inch foot, 1 per 2. DRIVEWAYS: Concrete shall have a compressive strength at 28 days of at least 3000 P,S,I. Concrete will be 111 deposited when temperature is 36 degrees Fahrenheit or above and rising. Driveways shall be reinforced with a minimum single layer, of 6-gauge mesh, 2 layers of 10--gauge mesh, or #3 rebar 18 inches 0, C. E, W, All driveways shall have a minimum concrete thickness of 5 inches, with a minimum grade of 1/4 inch per .foot. Expansion joints, constructed from wood of natural resistance to decay, such as the heartwood of redwood, bald cypress' or the cedairs, shall be placed at a maximum of 30 feet intervals, 3. DRIVE' APPROACHES: Prior to baginn.ing any work in the public right-of-way, contact the Building Inspection Department at 566•-0360. AAA005CE I . It I I 1 ~ 1 1 1. LEVEL; Install sufficient bracing to remove and prevent recurrence of sway and to maintain a true and I even plane. 2, DECKING: Repair by replacing defective sheathing boards leaving new deck surface smooth and clean, and adequately secured to structural members. Nails to be 8 materials shall d common or box for shiplap; all other 1 x 242 v d common or box a nails and 6d common or box nails for plywood sheathing 6 inches OC along all, edges and 12 inches OC along intermediate members for plywood. Plywood is to be sheathing grade no less baLn 3-18 inch but_,be same thickness as existing. Floors shall be trimmed flush at any change in elevation in excess of 118 inch. 3, GUTTER AND DOWNSPOUT: Shall be of galvanized metal properly hung with 1/4 inch hardware cloth screen to prevent entrance of foreign materials, and shall have a concrete inches splash guard inches under the downspout, iiri&mum2 s ra_ ~cb r3yQ 7 feet 0 j.ric~ies helair_, 4. FLASHING AND VALLEY MATERIAL: All shall be 26 gauge galvanized iron. Valley tin shall be a minimum of 20 inches wide. 5, REPAIR OF COMPOSITION ROOF: All missing or broken shingles shall be replaced. Renail all loose shingles. Replacement shall be of same color., design, weight and brand (if possible) as existing roofing material. 6. NEW BUILT UP ROOF: Nail one (l.) ply of 30# felt, Mop two (2) plys with 15# felt properly mopped with hot tar., Apply hot mop and gravel, properly spread to create a uniform and durable roof. 7. NEW BUILT UP ROOF OVER OLD: Thoroughly clean surface, Install two (2) plys of 15# felt properly mopped with hot tar. Apply hot mop and gravel properly spread to create a uniform and durable roof. 8. NEW COMPOSITION ROOF OVER OLD: Properly repair structural wood material. by replacing all rotten and defective decking, overhang, rafter ends, fascia and cornice, Apply 235# composition roof with 1 1/4 inches galvanized roofing nails. Install according to manufacturer's recommendations, Install 1 inch x 1 112 inches metal edging over all exposed edges of roof, No more than one overlayment or two layers of composition roof shall be applied to any structure, AAA005CE ~ ~tJ ~S G //>L Maximum allowable span for rafters specified on/j I attached tables. 9. ALL ROOFING WORK: (either new or old) Shall be accomplished in a workmanlike manner, and shall be done in accordance with m a n u f a c t u r e r' s recommendations, and installed in such a manner (with proper flashing, counter flashing and all other necessary components) to prevent leaks of any kind. Provide temporary covering for roof when adverse weather conditions prevent the roofing and associated work from being installed and protection is required. Maximum allowable span for rafters specified on attached tables - page 16. VI. DOORS ' 1. EXTERIOR DOORS; Shall be of exterior standard grade with a minimum thickness of 1 3/4 inches. Doors shall be six panel solid core type paint to match exterior. All exterior doors shall be weatherstripped with M-D Nu-Koil, vinyl and aluminum, or approved equal. Threshold,c set ii mastic a d door bottom wealth tr New door should conform to existing dimensions unless otherwise specified, r.nstallation of a door includes new keyed luck, dead bolt and all new hardware. 2. FRAME, Shall, be of 2 inches material, properly plowed jamb, to receive 1 3/4 inches door. 3. THRESHOLD: Shall be of proper height and width for the particular opening. 4. ALL NEW OPENINGS: 4 feet wide or less in bearing walls shall be provided with headers consisting of either two pieces of 2 inch framing lumber placed on edge and securely fastened together or 4 inch lumber of equivalent cross section. All openings more than 4 feet wide shall be provided with headers or lintels. Each and of a header or lintel shall have a length of bearing of not less than 1 1/2 inches for the full width of the lintel.. All non-bearing loads shall be constructed with two 2 x 4 headers placed in such a manner as to remove all trace of closing. 5. REMOVE AND CLOSE OPENINGi After removal, structure shall be properly strengthened and openings shall be covered with conforming exterior and interior finish materials in ouch a manner as to remove rill trace of closing. 6. ALUMINUM SCREEN DOORS; Shall be of extruded construction with a minimum thickness of 1 inch, and 2 inches wide fluted stiles, a 2 1/2, inches wide AAA005CE ~ extruded. Shall be furnished with 13/16 mesh/ corrosion resistant aluminum screen wire or nylon screen. 7. WOODEN SCREEN DOORS: Shall be of select preservative treated Western Ponderosa Pine with dowel joint construction and furnished with 18/16 mesh corrosion resistant aluminum screen wire. Minimum thickness t 1/3 inches. 8. INTERIOR DOORS: Shall. be of interior standard grade with minimum thickness of 1 3/8 inches. Ideal Brand or oquivalent. Door frame shall have a minimum thickness of 3,14 inch. 9. STORM DOORS: Storm Doors are to be of aluminum, baked-enamaled, factory finished. Unit is to include threshold, weatherstripping, closer chain stop and lock assembly. Door is to be hinged on the same side jamb as exterior door, or as indicated in drawing on work write-up. Door must give a tight fit when closed. (Larson Model Number 290 and 280 or equivalent.) VII. cLlLjpows 1. WOOD UNITS: Shall be constructed of type "S" or "T" stiles, check raii or plain rail. Material shall be of preservative-treated Western Ponderosa Pine. Ideal brand standard grade or equivalent. Minimum thickness of 1 3/8 inches. All windows should conform to existing dimensions unless otherwise specified. All should be doublepaned with screens 2. ALUMINUM UNITS: Shall be constructed of heavy gauge extruded aluminum sections (minimum thickness .062). Exposed surfaces of all aluminum members shall be extruded of first class Finish material with no serious detects or blemishes. All joints shall be neatly fitted, secure, and made water-tight. Operating sashes are to be properly weather-stripped to minimize entrance of air and moisture. Double pane shall be Allenco, Jordan or equivalent brand. Double pane (thermal insulated) windows should always be installed unless otherwise specified. All, windows should conform to existing dimensions unless otherwise specified. All should be doublepaned with screens. 3. WINDOW SCREENS: Wood screens shall be constructed of 3/4 inch material; header and sides shall be minimum of 2 inches in width; base shall be minimum of 3 inches in width; and shall be properly doweled at joints and screen wire shall be 18/16 mesh aluminum or galvani79d screen wire. Aluminum screens shall be of AAA005CE I I 1 standard design and construction with a'minimum cross,/ ,/IIS7 rail. and frame width of 1/2 inch, and thickness of 3/e`~ J;Z inch, and wired with 18/16 mesh corrosion-resistant aluminum wire. All window screens shall be full screens, 4. REPUTTY; Surfaces shall be properly prapared by removal of all cracked or otherwise unsound glazing , material. Proper holding devices will be installed. New glazing compounds shall be of a good grade and applied according to manufacturer's specifications. Type glazing compound shall conform with usage. 5, WINDOW GLASS: All broken or cracked glass shall be replaced with minimum of DSB glass. _jTempered glass must be used if within 12 inches of exterior door). 6. REPLACE SILLS: Wooden sills shall be of preservative treated Western Ponderosa Pine, and shall be made to join neatly with the window jamb and. structure. Caulkl,pri nee and two coats of finish faint. 7. WEATHERSTRIPPING: Shall be applied in such a manner as to prevent the entrance of air and moisture. 8. STORM WINDOWS: Furnish aluminum double hung storm window and screen unit in all openings specified in the Bid Work Write-up. Size unit to install on either new or existing window as specified. Exposed surfaces of aluminum shall be free of surface blemishes and uniform io color. Furnish aluminum fixed panel storm window and screen where specified. If no existing fastening system is present, units shall be installed with suitable fasteners to allow a tight tit, waterproof seal, but still provide removal of unit. Erection shall be by experienced mechanics only. Windows shall be provided with all necessary hardware for installation. Perimeter shall. be caulked, grouted. Window shall be installed plumb, true to plane and firmly secured. Leave frame and opening in a like new condition (Allenco, Jordan or equivalent brand). VIII. Ej(TERIOB TRIM 1. ALL EXTERIOR TRIM: (Corner boards, bird boards, fascia boards and other mouldings) shall be of D grade and applied in a workmanlike mariner. )J~lace all trim if e ix stin.q_trim s~ q is j.o~ vat jcl. 2. MASONRY.: All masonry work shall be applied in a workmanlike manner. Where brick is installed, there shall be a continuous reinforced concrete grade beam with proper footings. All joints shall be properly AAA005CF lop" i i tooled and left in a clean condition. Building fare /45) brick shall be of gas-fired solid clay or shala units. Structural clay tile, concrete masonry units and stone shall be of an approved type. IX. FINISH FLOORS 1. WOODEN: All damaged portions shall be removed and new flooring of the same type and material applied. All surfaces shall be properly sanded, filled, sealed and varnished with two coats of glass varnish. Bruce Flooring and finishing products or equivalent. All dama ec~d subflooriryc shall be reAllaco_ with materials Similar to existt q, Floors shall be trimmed flush at any change in elevation in excess of 1/8 inch. Floor joists should conform to attached span tables - page 17. 2. TILE INSTALLATION: All vinyl-asbestos or inlaid linoleum floor covering shall be minimum 10 mils. surfaces shall be properly prepared either by sanding and removing all foreign material from surfaces, filling properly, and cleaned; or by installing an underlayment in a neat and workmanlike manner according to manufacturer's recommendations. Floor covering shall be a first-line inlaid linoleum or a first-line vinyl asbestos tile. Covering shall be installed in a workmanlike mannc;:, and with mastic materials recommended by manufacturer. Remove base trim and regiace after aVlacina floor covering, install quarter round base trim if no trim exists. 3. CARPET: Prepare floor area by correcting subfloor of any irregularities. Clean the area thoroughly prior to laying carpet. Lay carpet and pad wall to wall in conformance with manufacturers directions. All carpet shall have a face weight of 24.5 oz. or more. Carpeting shall be stretched tight, free from puckers, scallops, and ripples, carpeting shall be cut evenly and fitted close to walls and all other projectionz. It shall be cut to fit closely and evenly into trim strips and to and through thresholds where carpet joins together in doorways. Filler strips in carpeting shall not be less than 1.2 inches wide and 96 inches long. All carpet shall be lined up so that all lines (weaving) of carpet match as woven. Both in width and length. Re-fit all doors as necessary so that they clear carpeting completely when opening and closing. Remove all loose threads and clean any spots with spot remover, final vacuum. Allow only a minimum number of seams; no T or head seams will be allowed. Make seams parallel and perpendicular to walls. Do not make seams perpendicular to doors. Make cuts under doors at the mid-point of the door thickness AAA005CE when the door is in the closed position:~La' carpet with the tufting or nap in one directiony all Installation on Stairs: Place seams at the bottom of Y risers. Use carpeting that is full width of the widest part of the stairway, Wrap carpet and around balustrades; fasten to the tread and riser face. Fasten carpet and pad at the top and bottom of each riser, X. WALLS INTERIORl 1. DRYWALL PRODUCTS: All drywall products shall be a minimum thickness of 3/8 inch where framing is not greater than 16 inches OC. Where framing is 24 inches OC, drywall products :hall be no less than 1/2 inch in thickness. All drywall products are to be installed in a workmanlike manner. Where repairs are being made, drywall products shall be of the same thickness as existing material, All drywall products shall be taped, bedded, floated, sanded and textured in a workmanlike manner, and dried properly (minimum of 24 hours drying period between each coat shall be allowed). 2. {WAINSCOT: Where masonite or temper the is used, it shall be installed with metal trim and sealed properly to prevent entrance of moisture. Where ceramic tile is used, it shall be ;.nstalled with an adhesive recommended by the manufacturer, or, installed on metal lath and masonry mortar, and grouted properly to make moisture proof. All wainscot shall be installed a minimum of 4 feet high (off floor} in all bathrooms, and shall be a minimum <.'f 70 inches above the drain inlet around showers and bathtubs. 3. CEILING INSTALLATION: Install wallboards with long dimensions at right angles; to the supporting members, ends rest on supporting members. Stippled ceiling - remove all loose and chipped paint of semi-gloss or paint surfaced, A 1 d sand csurfaces ompound and tape if necessary to any sub-surface rs cra ks or nail pops and allow to dry overnight. Apply , 16 inch minimum to 6/16 inch maximum skim coat of ready mix joint compound as evenly as possible over prepared surface. Immediately push soft brush into compound and pull out perpendicular from surface. Any design must be approved by Owner. Joint compound should not exceed 1 1/2 gallons per 100 square feet of surface, Joist placement should conform with attached span tables - page 15. 4. CEILING FINISHES: Drop ceilings shall be 1/2 inch Gypsum. A cove molding (3/4 inch or I. 112 inches) AAA005CE ~i Zs ~l ~ 7 shall be provided where ceiling butts wood or paheIed walls. Finish shall be heavy texture or as specified-601 by Owner. Install 1 inch by 0 inches furring strips 12 inches square ceiling tile. (Acoustical) Tile shall be interlocking, pattern and color to be selected by Owner. Provide manufacturers molding to the perimeter. Suspended ceilings shall have exposed "T" Bar or un-exposed "T" Bar, as specified, to be installed per manufacturers directions. XI. MILL WORK 1. MATERIAL (GRADE AND SPECIES): Material shall be of a select grade of white pine or equivalent. Plywoods shall be of AD grade or equivalent. + 2. WORKMANSHIP: All measurements and dimensions shall he verified at the job and the General Contractor shall be responsible for any work that does not fit properly. Rough carpentry shall be self fitted and l nailed and drawn up tight. Finish work shall be 1 finished smooth, free of machine or tool marks, abrasions, raised grain, etc., on exposed surfaces, and shall be machine sanded and hand dressed to a smooth finish. Joints shall be tight and so formed as to conceal shrinkage. Mill assemblies shall be joined with concealed nails and screws where practical, or with mortise and tenons with glued blocks where practical. All molded members and trim shall be mitered or coped at corners. Nails in exposed work shall be set. Running flat finish shall have kerfed or worked hollow backs and shall be on commercial lengths. Trim around doors and openings shall be full length and jointed only at corners. scribing, mitering, and joining shall be done accurately and neatly. XII. PAINTING* 1. MATERIALS: Paint shall be well ground, shall not settle badly, cake, or thicken in the container, shall be readily broken up with a paddle to a smooth consistency and have easy brushing properties. Paint shall be ready mixed except that tinting and thinning may be done at the job. All paint materials shall be delivered in original unopened containers, with labels and tags intact. All materials shall be of the I highest quality and be used for the purpose for which it was manufactured. USE OF A LEAD BASE PAINT SHALL BE PROHIBITED. All raw wood should be primed and painted to match existing as closely as possible. include this in the bid for the installation of the new material. I AAA005CE 2. GENERAL REQUIREMENTS: Maintain temperature of rooms6_// //S' where varnish or enamel is being applied at 706F, or more, and at 50°F or more during other interior painting. Exterior painting shall be performed when the air temperature is 50°F or higher and in dry weather. Field painting will not be required on items specified to be completely finished at factory or on aluminum, copper, brass, and bronze, or on glazing compound in aluminum windows. Back prime wood trim with one coat of linseed oil paint. Allow paint to dry hard between coats (2 to 5 days). Protect all work from damage by the use of drop cloths. Remove paint stains completely from finished work. Covering shall. be complete. When color, stain, dirt, or undercoats show through the final coat of paint the work shall be covered by additional, coats until the paint is of uniform color and appearance and coverags is complete. Where two coats or more of paint are specified, the coat applied prior to the finish coat shall be applied noticeably lighter in shade than the final coat. Hardware and accessories, fixtures, and similar items placed prior to painting shall be removed or protected during painting and replaced on completion of painting, sand interior enamel surfaces lightly between coats. In the selection of paints, a reasonable choice of colors shall be offered to the homeowner. i 3. PREPARATION OF SURFACES: Perform preparation and cleaning procedures in accordance with paint manufacturer's instructions and as herein specified, for each particular substrate condition. I Remove hardware, hardware accessories, machined surfaces, plates, lighting fixtures, and similar items in place and not to be finish-painted, or provide surface--applied protection prior to surface preparation and painting operations. Remove, if necessary, for complete painting of items and adjacent surfaces. Following completion of painting of each space or area, reinstall removed items. clean surfaces to be painted before applying paint or surface treatments. Remove oil and grease prior to mechanical cleAning. Program cleaning and painting so that contaminants from cleaning process will not fall onto wet, newly-painted surfaces. All surfaces requiring finishing shall be thoroughly cleaned and dry prior to painting. Exterior Surface Preparation: Remove existing loose, scaling, peeling or cracking paint; scrape, sand or wire brush surfaces to smooth condition to receive finish, feather Edges into sound adjoining surfaces AAA005C2 I 1 and dust clean. Such treated surfaces to receive twc~O0///X I coats of paint. Protect glass, screen and finished GG surfaces adjacent to painted surfaces. Remove paint misapplied to non-painted surfaces. Perform the following preparation operations for various interior substrates as .indicated: Wood: shellac knot holes, pitch pockets and sappy portions, or seal with knot sealer. Remove projecting nails, screws, or hooks. Fill nail holds, cracks and defects after first coat, with putty matching color of stain or paint. Steel and Iron: Remove grease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have been shop primed, using same type of primer. Plaster, Concrete, Masonry: Check for high moisture and alkali content. If high alkali is present, dry out the surfaces. Prime new materials. Gypsum Wallboard: Clean and sand existing surfaces. Apply one coat of texture, sealer and primer to new material. Painted and Stained Surfaces: Remove loose paint, dl.rt, fungus and other foreign materials from the surface. Smooth surfaces with steel wool or sandpaper. Wallpaper.: Remove: all paper to firm subsurface. Patch holes in subsurface, and apply seal coat. Int.er.ior. Surface Preparation: Remove existing loose cracking, scaling, peeling and/or blistered paint; scrape sand or wire brush :surfaces to smooth condition to receive finish, feather edge:a into sound adjoining surfaces, and dust clean, perform the following preparation operations for various interior substrates as indicated. wood: Remove projecting na.l.ls, hooks or screws. Shellac knot holes, pitch pockets and sappy portions, or seal with knot sealer. [ill nail holes, cracks and defects after first coat, with putty matching color of stain or paint. Prime new materials; spot prime existing materials. Steel and .Iron: Remove grease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have been shop primed, using same type of primer. AAA005CE ~I Plaster, Concrete, Masonry: If `h'igh. -al-kal-i-- -is present, neutralize to suitable levels. If high,~o moisture is present, dry out the surfaces. Painted, Wallpapered and Stained Surfaces: Remove loose paint or wallpaper, dirt, fungus or other ~ foreign materials from the surface. Smooth surfaces with steel wool or sandpaper, * All 'raw wood should be primed and painted to match existing as closely as possible, include this in the bid for the installation of new materials. 4. EXTERIOR PAINTING: Exterior woodwork shall be painted to cover as follows: First coat shall be exterior primer, and additional coats shall be oil base or exterior latex paint. Pittsburgh Weather Fresh 33-110 paint or equivalent. 5. MASONRY PAINTING: (All exterior concrete masonry except face brick); All exterior masonry surfaces i shall receive a minimum of overcoat of primer and I filler as manufactured by a masonry paint company, and a minimum of coat of acrylic, and shall be applied in I4 strict accordance with the manufacturer's recommendations. 6. INTERIOR PAINTING: Kitchen, wood doors, wood trim, and other finish woodwork shall be painted to cover with (primer on new work) oil based enamel (gloss selected by owner). Walls, ceilings and all drywall ' products shall be painted to cover with latex enamel E paint. (Color selected by owner). All paint I containers shall bear a label containing the product name and the manufacturer, together with an Underwriters Laboratories, Inc. label, which indicates the required surface covering and resulting flame spread characteristics for various applications (Pittsburgh Wall Fresh 68-6 paint or equivalent). 7. CAULKING: Completely saal, with caulking compound, joints around frames of doors, windows and other openings in exterior masonry walls, joints where masonry abuts other exterior surface finishes and other joints indicated or specified to be caulked. Caulking compound shall be Grade 1, or equivalent, and be delivered to the job in the manufacturer's unopened containers. 8. APPLICATION: Work shall be done by skilled mechanics and shall be uniform in appearance, of approved color, smooth and free from runs, sags, skips, and defective brushing. Make edges of paint adjoining other moldings or colors, sharp and clean without AAA005CE 3 Yhish be± found G of one ara6y,,?/ should workmansh~i Ork shall be a finish overlapping' er preparatory give a l top- lied as necessGry tAcompletion, defective, poets app ed or d.faced additional with specificationsn acco rdance whar(= d.amaq paintE'•d or i and restore felass condition' shall. be touch up in first or erection and leave Cut in fitting finished surfaces restored. WARE door locks shall bee CI I1. FTtIIS_,_H xARD_ deadbOlt, All exterior and FINISH liARi)WARE' with key-in-knob ole than one 1• installed Where m properly Westlock brancdexter.ior of building, l~ ior eiser, Schlage. to the Ali exter is installed keyed alike 1/2 new lock shall all be 3 1/2, inches x poor. these locks be minimum °f 3 butts to each door butts shall minimum Of shall be of Weiser, size Frith e loc}:s nearly as inches in assaq shall match as butts All n('w interior p and All interior doore with SchIage, Westlock brand locks. 3 inches itt siz the existing All cabinet pos and sible minimum °f 3 incheeach do°r. shall be of 2 butts tO finished material us e a minimum shall be polished the particular hardware fitted as required for properly curely bonded XIV. 141S_ ELl'I~fIECiU3 shall be SO wood or Tops material to 7/a inch Plywood be COUN'T'ER TOPS' core or Mater' tal shall reinforced s teer. Top linoleum, to r equivalent material- tic covering, other laminates vinyl l eel or their equivalen3 pherenolamiic lam use. At least cc tile, stainless When abutting r ed ded as cabinet suitable for its bet pro h s},all materials aterial las ,me inches plckedges shall be of s Material alls. °leum, or ~hald be is nstalled w + Where for.mica,t i all sinks steel, top' cabinet. shall be stainles \ re used for All sinks a Hudee rim. with d rade, shall be standard g vents and louvers iron or VENTS: Attic eavy gauged gal., fo proper 2. ATTIC of either heal adequate size constructed shall be of wood. They the structure. ventilators { ventilation °f mechanical Covered MECiiANICAL shall b VENTIT,A7:URh the rpof I a met shalall be 16 (minimum 3 e vented throo, galvanized With a rain-proof and gauge}' write up for numbers See Work 4. VENT'A_"o0DS snakes . MN005CE `ter r 1 5. BUILT-INS: (oven and cooking top - gas or electric). See work write-up for model, make and size. 151~' C/ 6. ATTIC INSULATION: Attic insulation shall be a minimum G. of 6 inches thick rock wool, f_iberalass _cellu1ose blown insulation, and evenly blown (from exterior plate to exterior plate) over the entire attic of r habitable rooms. Should have a R value of 19._ 7. CLEAN UP: Slash all windows, leave all floors, porches, and walks in "broom" clean condition. Remove all debris from the premises. 8. SITE. DRAINAGE: Where required by a change in the exterior building lines or to correct an existing condition where surface water runs toward or stands against the walls or foundation, the ground surface shall be graded in such a manner as to effect adequate drainage away from the structure and/or structures. XV. RLUMBING.* I 1. BATHROOM ACCESSORIES: Each complete bathroom shall be provided with at least: Grab bar 25qj pull and soap dish at bathtub, toilet paper holder at water closet:. Soap dish at lavatory (maybe integral with lavatory), towel bar, mirror and a medicine cabinet or equivalent enclosed shelf space. In all cases where shower head is installed, provide a shower rod or shower door. Tub kit should be two piece fiberglass unit with overlapping edges (medium grade). 2. HEATING: For all wall furnaces, floor furnaceo and fores.d air furnaces, BTU output should be adequate to heat area. This should be based on the square feet of the area the unit is intended to heat. 3. PLUMBING LINES: All plumbing stacks shall be concealed in %*all. and extended through roof, with roof fl sing. 4. SEPTIC TANK: Removal shall be done in such a manner as to cause a minimum amount of damage to the surrounding structures and landscaping. Fill shall be of such consistency as to prevent subsequent settlings of the fill. Fill with s n . * All plumbing components, installations, modifi- cations shall meet the codes and ordinances of the City of Denton, Texas. All work must be done by properly licensed individuals. AAA005CE 4 { 9 shall b electrical lines XVI• ELE~A~'* All onduit. ~ LLNESs in an approved c 1 ELECTRICALor encased in. n, modif 11alie e conceal i the sta es of components' and ordinances All electrical the codes work must be done by et hall me All catio o£ Denton, Texas iduals. 1 city licensed indiv properly VATLON S=AND fls levels in the XVII. EN,_ E COQ mandatory xt is realized rovi.de the ea in all S 'follow stand esidential struoturee These standards P can b ons and be rehab not li~-alien °f the r:qultements conditi funds c all ogle existing building e requirements m icaa l, act that noC or more of then not pr of situations due one xtent they are eed and type available, t'ne e Yo gram n for sibility' p work write-up eliminated to fea g economic E.e consideritig on involved' construe must be specifications. windows and Doors must be weatherstripped 1' must, or caulked. in the building rep °r joints 2, All c,penings, cranks sealed- 2, be caulked or systems must envelope m and air acondition' ng * 3. "eating, ventilation must ii re insulation to a v systems have p and air conditioning insulation to a v alue of R-4•* A. rleating, ventilation must duct air conditioning sYsoemreater have e ion and do s ign and must ben g Keating, vent.ila 5 be of a h age rsl ~c *enaY t9 . ` than 15% to a value of R ' must be 6' Ceiling insulation t0 a value of R^1'1.* Wall insulation must b" action element become 7' when coLals are installed. only s * Applies materials when new standards of exposed Or wh 1g) s ific i i and Gai Code (pa'1e * vor additional roperiate worKmanship see app V T1014 CONCERNING XIX 0-1SCELUP~ EOU) FAMILY INCORMA 1. COMMERCIAL AND MtlL CITY CONSTRUCTION CODES AAAO r'" y-9-z XVT. ELECTRICAL* ~ / 1. ELECTRICAL LIMES: All electrical lines shall b concealed or encases' in an approved conduit. * All electrical components, installation, modifi- cations shall meet the codes and ordinances of the city of Denton, Texas. All work must be done by properly licensed individuals. XVTI. ENERGY CONSERVATION SiTANDARDS These standards provide the mandatory levels in the rehabilitation of residential structures. It is realized that not all of the requirements can be followea in all situations due to existing building conditions and funds available. Any one or more of these requirements may be eliminated to the extent they are not practical, considering economic feasibility, program need and type of construction involved, See work write-tip for specifications. 1. Doors must be weatherstripped and windows must be reputtied or caulked. 2. All openings, cracks or joints in the building envelope must be caulked or sealed. 9. Heating, ventilation and air conditioning systems must have pipe: insulation to a value of R-2,* 4. Heating, ventilation and air conditioning systems must have duct insulation to a value of R-4.* 5. Heating, ventilation and air conditioning systems must be of a high efficiency design and must be no greater than 15% oversize.* 6. Ceiling insulation must, be to a value of R-19.* 7. Wall insulation must be to a value of R-11.* * Applies only when construction elements become exposed or when new materials are installed. * For additional specifications and standards of workmanship see appropriate local code (page 18). XIX. MISCELLANEOUS 1. COMMERCIAL AND MULTI-FAMILY INFORMATION CONCERNING CITY CONSTRUCTION CODES AAA005CE . ` I The construction codes which have been "h6Pt d"Eo H us~e in the City of Denton are. r/ a. 1985 Uniform Building Code With Amendments U b. 1973 Uniform Mechanical Code With Amendments c. 1984 National Electrical Code with Amendments d. 1979 Uniform Plumbing Code With Amendments Copies of these codes may be read in the Building Inspection Office. Permits are required on the following; Building New or Remodeling swimming Pool Plumbing Fence Electrical Sign Heating, Ventilating & Cooling Sidewalk Driveway Approach (if in Right-of-Way) Lawn Sprinkler Following are required inspections and phone numbers to request those inspections; BUILDING ELEC, TRJ.Q 566-$36:3 PLO RING 566-8361 566-8364 Approach Saw Service Rough-In Foundation Rough In Partial Rough Framing Slab Rough in Water Yd Line A C Duct Service Lateral Fireplace Underground Sewer A C Final Gas Yd Line Temp P Powor BUILDING FINAL ELECTRIC Stack out Gas Pressure 'Pest Fence Sign PLUMB & GAS FINAL Parking Mobile Home Vacuum Breaker Setback Pool. Grounding Roof Drain Sign Pool Final Swimming Pool. Re-Connect A G THE WQR3~ g.u~- SZ E_-RKOUESTE BY HE CT~gR PLEASE USE THE PHONE NUMBER INDICATED ABOVE UNDER THE TYPE INSPECTION REQUIRED, TO REQUEST THAT INSPECTION. AAAOO;CE F L 0 0 R J 0 1 S T'; l -7 L U M B E . R ALLO4 AiLE SPi4H• /f CRAOE d SPECIES SPA IHG 2X6 2X8 2x10 2x 12 Q12" la'It" 14'5" 19'5" 155 42-OF 16" zz ~.1.r 24 9'1!" 13'I" I6'9" 20'4„ F " 8160 11'3'1 14'4" 1715x.1 OOIJGI,AS JR .~.-.M~ommommu~ 12" 9 3 1212" _ I5 17" la' 11'1 7'11'1 10'7 13'6" I6~ ~ql~ 24" 6161 d'7" 10 13'5"~ 1211 10'9" 141911 42-YP 16 1810" 21 ll'1 91311 12' 10"- " 1I ,I 24" 16 5 19' 11" YEI, GV PI N£ 8411 111111 141011 V 171 1'1 1211 81 1 1 1 11 11'I0" 43-YP 1611 715„ 10'2". I 'i" 18 4 Won" is, l l'1 ` 24 614" 8140 10,7" I 13'01' I I ~ J2" 101011 101211 42-SPF 1611 Ia' 101, zo'61 4 19 11 1 J, s„ 7 y I q7 ter- I ' ~ " SPRUCE' P I r4 E-F I R 4 of =7 7° " 9 4" 141611 12" 7170 43-SPF IT 6 6" 10•~1°" _ 1210 !51711 " a CI 11 1011 13 1 5 11 24 $14" 71 111 .i 9'011 111°.1 • r"ESE SPANS A91 INfERPOUTtD BY IISE OF THE FOLLOSIINO TABLES OF THE 1479 EDI7~ +ppaM LItFORN BUILDING CODE: c' fA#LA NO, 25-A-I-AtLOWAIL1U14111 SYRISl13-S1RUCNAAL LUIMf1R AIIaWNN Urt11 Slnrad0 foe SIRMN(G) lumber-VISUAL ORAOINO O INonny 10domi SN Nlo -khan 250 .J ~L I'Aftl N0. 26•f•d•I-.ALLOWAILI IRAN$ 000 OL06OR JOIST1 M LOS. PIP 20, KT. LIVI LOAO KIM el"tht. ;I".Poll, b1Mw4wM~WI.LWwIrNw14i"*" Mrwlof 2K)*ORt!La4NkNlkw NN Of 10 Hs Iw M R 1 or } hrr~l M& ww~ rsk* .low- ww K n f T E R !4A>@fI?+! ALIOWAl1.L-! YIrS" ~f..z. LUMBER GRACE SPECIES say AClNC 2x6 2x8 2x10 2xI2 12* 18'5' 21'6" 27'6" 33't!• #2-OF la• 14'3" 1819" 24'0" 29,10 24' In 154 19'7" 23'9" 000CLAS "Fin 12" 12'7" 1617" 21'2" 24'3" 43 -OF 16" 10,11" 141 4" 161 4" 22' 4" 24• d'11" 1119" 14'11• 1612" 12" 1612" 2114" 27'2" 3311" #2-YP 1s" 14'0" WS" 2317' 28'7" 24* 11'5" 1511" 19'3" 23'4" YELLOW P I N 8 12" 1213" IB'1" 2017' 23'G" #S3-YP 16* 1017" 13,110 17' 10" ?1'd" 24• d'8" 11'5" 14'8" 17'd" 12" 13't1" 1810" 23'0' 2711" #2 SPF 16" 11 10" 15' 7" 19' 11" ~24',:• 24 9'e" 12'91' 1&'3" 19'9" Sp Ruce- P I N E-F 1 12" 10'4" 13'7" 17'5" 2112" #3~-SPF 16r d'11" - kl'9" 15'1" 18'4" 24" 7'4• 91711 12'3" 14'11 + T Gist MN$ AV, I1f "OLATID by USE of rM YOLLOWIM TAJUS Of TH1979 LDITIOlf Of TIM VNI!`ORM BUILDING coat: TNI~ 110, tM' 1-ALLOM'AKl UMR IT14t4iif -iT?IUCTVIIAt. L UY~tJI ~ A1hwM1I WMme "Mioo l OMOIfW W ►4au na I~►+E+I-AUOw~IU Nuq:00 MGM KM"' M ILON oYtll ltM IS 1.L.. Ir ua ra as rt. uvr ums M" Fat e««r1p ~w a IINWet UIIPW tai a IL OW III WW &"; uri , W14 It f~im IIW 6WEiM "WOW 1W 00 O~ OON " Wwd~ w WIN an ..r.M II INMI 0 r WArm 1 I OWOMO. ce- C E I L I N G L U M B E R KAXXMVM ALL "LE SPAN* - GRADE I SPECIES SPIAr ING 2x6 2X8 2X 1 0 2x 1 " 2 12" 19"l1" 26'2" 33'5" #2-OF 16" l e' 1 " 23' 1 c1" 30'5" 36' 10" - 24 15' 7" 20' 72513" 331 - 0 DOUGLA5 FIR I1 12" lb'1O" 22'2" 28'.4 3416•. °R #33-DF 16" 14'7" 19'3" "_244_7:.___ 29.11 w~ 24' 1111" 15'9" 20'1 2415" l2" 19F20'3 5'ts32'3" " 42-Yf l 173'4" - -79,9 39'lM - « _ 36 2 24" 15'4" 25'g".... 31_'4»..._ YELLOW PI NE i 16'4" 21'6" 27'6" ~ " 33 6 43-YP 1 14'2"1888 - -23'11"' - - 24' 11~7" 1513" 1916" 23'8" I 12" 182" 2410" 30'7" 37'2« - 2-SPF J6"~ I5' 1O" 20' 10" 26'8" - - 24* IN 17, 21 g"to _ S UCE- P I N E-F i R 12" 13'10" 1613" 234 28 4 3 - SPF !s" iz' o" _zp 3" 24 ' 7 " 24" 9'10" 12'11N_ 201I" * VIESE SPANS ARE INTERPOLATED By USE OF ME FOLLOWINC. TABLES OF THE 1979 EDITION OF THE UNr El BUILDING .ODE; (3 Z TABLE NO. 2SA-1-ALLOWABLE UNIT STAESSES-STAUCTUIIAL LUMREA 10-4 Allowahla Unll 31n"006 fa Slruelvaf I.Umbw-VISUAL GRAWHG (Normal lo"Ing. Saa all* Saollan 2641 Fti ?ARM NO. riT 4-AUOMNASL►► SpAM44I001 CCUw~pM-If Lft M W, FT. LrM LOAD M1 lNua NaA bat 1 Aa 1t Bra Mr1 LJwIM1 H rAa„ M Inehr, lbM~t Yr t10.11rs,yll, U11110 I r, 1 i J.' When area separation walls are re lorl efore the attic shall be completed r.B and h ins b e before ceiling is installed, o cted It is the responsibility of the individual permitee to obtain required inspecti is completed ons before a building or use or Occupied, A CERTIFICATE OF OCCUPANCY ' must be issued on commercial projects, as required by the Zoning Ordinance and Building Code, before any structure is released for public use, 2. SAFETY STANDARDS: Every sleeping room below the fourth have at (4th) story shall least one (1) operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a I~w full clear opening without the use of separate tools, Aalvel egaresmisniomrumrenscetueclwindows from sleeping rooms shall h ear opening of. 5.7 square feet, The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall. be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. Every dwelling and guest room in lodging houses and every dwelling unit within an apartment house shall be provided with smoke detectors approved Laboratories or Factory . In w Underwriters detectors shall be mounted uonthe ceilinglorgwalltat a point centrally located in the corridor or area Wing t rooms rooms used oneanlup purlevel, the detector shall be placed at the center of the ceilinbe directly above the stairway, All. detectors shal located within 12 inches of the ceiling. When actuated, the detector shall provide an alarm in the dwol,ling unit or guest room. Every attic or furred space in which a warm-air furnace is installed shall be readily accessible by an opening and passageway as large as the largest piece of the furnace and in no case less than 30 inches by 22 inches continuous from the opening to the furnace and its controls. The opening to the passageway shall be located not more than 20 feet from the furnace measured along the center line of such passageway, Every passageway shall be unobstructed and shall have solid continuous flooring not less than 24 inches wide from the entrance opening to the furnace. AAA005CE 1 ",j A kitchen type exhaust hod whi44.n shall be vented through the roof and gnoQ~,nto the attic space, Exhaust fans vented to the outside or into ventilated r attic space are required in all bathrooms unless an openable window is provided in the bathroom, Gas-fired crater heaters may not be located in a bedroom or bathroom or in a closet opening into a bathroom or bedroom, i Gas-fired water heaters located in garae must be { elevated at least 18 inches above the garagesfl or and should not be located in the pathway of an automobile. The number and location of receptacle outlets shall be as required by the 1981 National Electrical Code. I I AAA005CE 7w I r CITY OF DEN'I'ON f RENTAL REHABILITATION PROGRAM RAM GUIDELINES e. ~ 7 I I J I CITY OF DENTON RENTAL REHABILITATION PROGRAM GUIDELINES i CJ TABLE OF CONTENTS introduction Description of Program Procedures I. Eligibility Requirements II. Application Processing III. contractor selection, monitoring and Debarment IV. Payment to contractor V. Financial Subsidy Mechanism VI. Deferred Payment Loan with a 10% Per Year Forgiveness VII. Appeals Procodure VIII. Program Guidelines IX. Minimum Rehabilitation Standards Appendices I I N Iv i Introduction Rehabilitation ?rogram is ing in securing of Denton Rental Hous ncome famisiObie d rate i program' ed repairs e s The City ow and mod Thi to assist 1 s by maling nee pdesigned c safe, ded , sanitary and doccupupied hous ing units safe, code violationa• ent rehabilitfir t pri rity as correcting city of with the program is administere~ rough a federal nded ental Rehabilitation ment office ands located at 110-B W. the R ,s Community Develop meet office Denton The Community Develop the program grant. tion of Street. deserip thetse guidelines a detailed ose of f Denton, the contain The pure rocedures. the citizens o of asnistance The following pager including policies and procedures clients and a;id types of to potential the lain Program or olarificat at 383-1726. is to a explain Reurth ment information office at For Further r Develop r Rental available. contact the Community guidelines, r Y q ~I U DESCRIPTION OF PROGRAM PROCEDURES . \ r N15 I. rL1GGJB1LI1Y RFOUIRI:MYNTS: To be eligible for rehabilitation assistance, the applicant must be a citizen of the United States or a legal resident alien. The applicant must be the owner of a rental unit and should hold Fee Simple Title to the property. In the event the home is being purchased under a contract of sale, the :yeller must provide the purchaser with a warranty deed on ent to the property before loan settlement occurs orThen current allow a lien pl ed against the propoerty. tenants of the unit to be rehabilitated must be low income. Low income is defined by the most current HUD Section 8 Housing Program Income Limits. The following table shall be used to establish a tenant's eligibility based on gross family income and family size: NUMBER IN HOUSEHOLD INCOME 1 $13,900 2 $15,900 3 $17,850 4 $19,850 5 $21,450 6 $23,050 7 $24,600 8 $26,200 The tenant's statement of income shall be verified by contacting the tenant's employer and/or obtaining a copy of the tenant's latest income tax return. Annual income includes earnings (wages, pensions, etc.) spouses earngs, interest from stocks, bonds, income from real estate, pin assiatance, etc. Also included is ontributed by any other adult member a of the familygularly. c Applicants muet also exhibit the ability to pity monthly property expenses including mortgage pay insurance, utility bills, etc. All property taxes assessed by the various taxing agencies in Denton County must be paid in full. II. APPLICATION PRO..CESSING: Any property owners wishing to apply for Rental Rehabilitation assistance must complete the application and all other required forms included in tho proposal packll et. All information on the completed applications verified by the community Development staff. If any information is found to have been intentionally falsified, the application will be rejected and the applicant will not be allowed to reapply. if the applicant is determined to be eligible for the program, a preliminary inspection will be made of the dwelling unit. The dwelling unit must meet AAA0039F PAGE 1 7 1 certain standards to be considered rehabable. These standards are listed below: 4 Dam/ 1. The unit must be located within the recognized Rental Rehabilitation Target Area (Appendix 1). 2. The unit must not be situated in the Designated rlood Plain Area. 3. The unit must be classified as a renter-occupied structure. 4. The unit must be in an existing condition that would permit rehabilitation to bring the structure to meet Section 8 Housing Quality Standards. The first priority item in rehabilitation beyond Section 8 Standards will be to correct code deficiencies (Appendix 2). 5. The unit must be serviced by a City approved water supply, sanitary sewer and electrical system. 6. The foundation of the structure must be in a stable condition which would permit lasting rehabilitation efforts. Protect Selection Ultimate selection will be based upon an analysis of the following factors: Location of unit • . 5 Owner's ability to obtain private financing. 15 Number and extent of major health and safety violations to be corrected . . . . . . . . . . 10 Tenant displacement (preference given to no displacement). . . . . . . . . . . . 15 Economic feasibility . . . . . . . . . . . 10 Amount of subsidy required . . . . . . . . . . 10 Equity in property . . . . . . . . . . . . . . . . . 5 Potential impact on neighborhood . . . . . . . . . . 10 Track record of landlord . . . . . . . . . . . 10 Management and maintenance capabilitic,:;. . . . 10 Quality of rehabilitation plan . . . . . . . . . . . 10 Accessibility or adaptability of unit for handicapped tenants. . . . . . . . . . . . 10 Commitment by landlord to and/or likelihood of low income tenant placement . . . . . . . . . . . . . • 25 145 Each proposal will be rated according to the factors listed above. Proposals which receive the highest ratings will be contracted out first. In cases in which the rating yields AAA0039F PAGE 2 1 equivalent scores, priority will be determined in accord with "first come-first served." G' III. CONTRAC'T'OR SELECTION, MONITORING AND DEBARMENT: Contractors participating in the Rental Rehabilitation Program will be selected by the eligible property owner. The property owner will be required to solicit a bid proposal from contractor based on the preliminary work write-up done by the CD inspector. The property owner cannot submit a bid proposal or act as the general conf: Actor. The property owner shall also be responsible for supplying the contractor with a contractor's packet which includes the contractor information sheet, performance manual, general specifications for workmanship, all insurance and bonding .requirements, a contractor's eligibility certification form and a copy of the preliminary work write-up. Bid proposal and all other required forms from the contractors shall. be submitted to Community Development office for review. The bid proposal that is submitted by the property owner will be reviewed by the Community Development coordinator to determine if the total bid price is reasonable. Bid proposal must fall within a ten percent (10%) margin of the cost estimate determined by the Community Development Ir inspector to be accepted. THE CITY OF DENTON AND THE PROPERTY OWNER RESERVE THE RIGHT TO REJECT ANY AND ALL BIDS. If the bid proposal submitted by the property owner is approved by the committee, then the Community Development staff shall proceed with the review of all other forms submitted by the contractor. Any contractor whose name appears on the most current HUD Debarred Contractor's List will not be eligible to participate in this program. References will be checked and claims of substandard workmanship will be cause to declare a contractor ineligible. Once the contractor has been selected and approved, a contract agreement must he signed. Before the contractor can start work, the property owner must issue a notice to proceed. The contractor's work will be monitored by the property owner, the Community Development staff and the City of Denton building code inspector. If the property owner considers any work done by the contractor to be unsatisfactory or incomplete, the property owner, should advise the contractor of the discrepancy and ask that it be corrected. In the event a dispute exists between the property owner and the contractor with respect to the rehabilitation work, the City shall take appropriate action AAA0039F PAGE 3 1\ 7 corrected. In the event a dispute exists ! between een the property owner and the contractor with respect to the rehabilitation work, the City shall take appropriate action in accordance with the provisions of the construction contract to assure that the owner is satisfied before making any payment to the contractor. In the event a dispute cannot be resolved, the Director of Planning and Development shall consider all pertinent facts and shall decide an appropriate course of action to resolve the dispute. Acceptance of Work 1. Final Inspection - In order for the contractor to close out a rehabilitation job, a final inspection shall be made by the City of Denton building code inspector, the Community Development Inspector, and the property owner. If the final inspection results in no additional work or no specified corrections, the property owner shall sign the contractor's release form which states that all work has been completed to their (property owner's) satisfaction. The building code inspector shall sign a final inspection form to confirm the same. At this time, the contractor is required to submit to the property owner copies of all warranties and releases of liens from subcontractors and suppliers. The Community Development Coordinator will not authorize payment to the contractor until these documents are properly completed and submitted to the property owner and copies provided ';o the Community Development Office. 2. Warranty of Work - As stated in the rehabilitation contract, the contractor shall guarantee the work performed for a period of at least one year from the date of final acceptance. The Community Development Inspector shall make a sixty day inspection of the rehabilitated property. Any deficiencies or complaints ~ observed at this time shall be referred to the contractor. Contractor Debarment A contractor will be declared ineligible to participate in projects funded by the City of Denton's Housing Rehabilitation Program for one or more of the following causes: Failure to complete a project within the prescribed contract period. 2. Failure to complete warranty repairs within a reasonable time period. AAA0039F PAGE 4 y 3. Failure to use licensed plumbing and electrical~~ subcontractors. 4. Failure to obtain proper insurance, .i.e., both liability and worker's compensation. 5. Failure to complete work in accordance with program specifications and/or accepted standards of workmanship. 6. Failure to pay all subcontractors working on the project appropriately and/or submit affidavits of payment signed by all subcontractors. I 7. Failure to obtain proper permits for work in progress. Contractors will be notified of their proposed debarment and will be afforded the opportunity to comment or appeal the action. All appeals must be made in writing to the r~ Community Development office at least 15 days after the date of the notification letter. Contractors debarred from the Housing Rehabilitation Program may no longer contact homeowners receiving CD Br, funds with the intent of providing a bid on a project. IV. PAYMLPIT~'O_~ONTRI~CTUl3: The contructar shall receive payment for all completed contracts witi-iin 15 working days after final inspection approvt,l. Ten percent (10%) of the total contract amount wJ.11 be wi.thrield for 30 days. At the end of this time, the proEcn,i-y owner, must approve release of contingency funds. An "All Billt> Paid" affidavit or release of lien from all sabcontr.jc•'rors and suppliers must be submitted before payment:. Also, all Sections III forms, payroll forms and any other paper work required by the Community Development Coordinator must be filed in the Community Development Office before f.i,lal payment is released. Rental rehabilitation partial payment minimum are as follows: projects over 50,000 at least 1.0% per draw, projects under 50,000 50% and final payment. V. FINANCIAL SUBSIDY MECHANISM: The maximum loan amount will be the lesser of $5,000.00 per efficiency, $6,500.00 per one bedroom unit, $7,500.00 per two bedroom unit, and $8,500.00 per three bedroom unit and up or 50% of the eligible project cost. The owner must comply with the terms of the note and mortgage executed at loan closing which include the following restrictions: AAA0039F PAGE 5 11, No conversion to condominiums or any type of cooperative/el ownership for the 10 year duration of the lien. ing 2. States or local nrentalnsassistance rece forlvthe 10 eyear duration of the lien. 3. The prof ear duratinna fttheelien standard condition for the to y 4. The owner must affirmatively market vacant units for a period of 7 years from the initial occupancy of the project. 5, The owner must comply with all applicable provisions of the Rental Rehabilitation Grant Program that are provided in 24 CFR Part 511 as it now exists or may be changed during the ten year tenure the note, I 6. No less than '70% of the leased units shall be leased to year e tenure defined of thin 24 e nnte,R 813' 102 during eent.ire income tn families the of the owner violates any of these restrictions, the entire ull amou each f r after Complet °on ofthetheloran less ofrthe units untilathe time comp default, will be due and payable in full immediately after the owner is notified h of Zoann~~s o more that Provided however, that for projects enter into default because they are converted to any form of condominium or cooperative ownership not eligible for the I Rental the loan year J period. . ESS' VI, DEFC_~ _ _RREp PAPAYMENT LOAN _ I4~ `I' A 1Q~. PEft YEAR FORCIV~FiJ__ _ projects will receive a deferred payment loan which Approved will be forgiven 10$ per year. To be forgiven in full 1C date of the contract for years from the beginning that ained occupalitat P income t n ntsh as wwell, has all tother occupancy by Y low ro the amount to be paid back shall. be reduced esof 1t0$ he oprogram, 1 p of the original amount for each full year of the units. Provided further the t the entire ten 'ter completion fo after for s owner complies with all such provision year term of the note and more than nine years have elapsed letion of the rehabilitation, then tk~eernunit since the comp amount amount will be the lesser of the allowable p or 50% of the eligible project AAA0039F PAGE 6 { S #IWxzz VII. }LPPEALS PROCEDURE' i Applicants who have been determined by the Commun ty Development Coordinator to be ineligible for rehabilitation, may appeal this decision to the Director of Planning and Development Department. A written appeal is required. The Director of the Planning and Development Department shall issue a written response within fifteen days of receiving the complaint. Any applicant who feels that, they have been unjustly denied rehabilitation assistance under the city's Rental { Rehabilitation Program should follow the appeals procedure outlined above. VXII. PROGRAM GUIDELINES: 1. Property owner agrees to comply with all HUD requirements with respect to Title VI of the. Civil Rights Act of 1964, to not discriminate upon the basis of race, color, creed or national origin in the sale, lease, rented, or use of occupancy of the subject property. 2. Property owner agrees to not award any contract for rehabilitation work to be paid for in whole or in part with the proceeds of the grant, to any contractor who, at the time, is ineligible under the provisions of any applicable regulations issued by the Secretary of Labor, United States Department of Labor, or the Department of Housing and Urban Development to receive an award of such contract. 3. Property owner agrees to riot pay any bonus, commission or fee for the purpose of obtaining the Community Development Coordinator's approval of the grant application or any other approval of concurrer:ce required by the Housing Rehabilitation Program. 4. The tenant will continue to occupy the premises during the rehabilitation. Any tenant required to move temporarily or permanently as a result of the rehabilitation, must be paid relocation/displacement costs as outlined in the Tenant Assistance Policy. *Any displacement i.neluding tenants who move out as a result of their inability to pay increased rents, are considered displaced. Displacement costs are the responsibility of the property owner, however, these costs are eligible rental rehabilitation costs. AAA0039F PAGE 7 1 5. Property owner agrees that existing house utility services will be made available to the contractor without charge as follows: electricity, gas, water and telephone (local calls only). 6. Property owner agrees that the City shall be the agent for the owner and as such agent shall hold both the owner's private funds and all. grant funds in escrow for the purpose of disbursement thereof to the contractor. 7. Property owner agrees that it is his sole responsibility to see that the contractor completes the work specified in his contract to the owner's satisfaction and that the City of. Denton has no responsibility for any defects, faulty work or incomplete work by the contractor. The owner further agrees that the City has no liability for warranty of any of the workmanship or materials furnished by the contractor under the contract. The owner further agrees that latent or hidden conditions in the property which were not included in the original inspection and work write-up of the city are not the responsibility of the, contractor nor of the City, but remain the responsibility of the owner,. 8. As part of the consideration for providing the funds to rehabilitate property as described herein, the property owner agrees to maintain and keep the property in good repair after the completion of the work to be performed by contractor, taking into consideration the ability of the owner to do so. The property owner also agrees to maintain the property up to housing Quality Standards during the terms of the loan agreement and understands that if at anytime the property fails to meet Housing Quality standards, the loan amount will become due immediately, 9, The owner shall. issue a written Notice to Proceed within thirty (30) days from the date of acceptance of the contractor's bid and proposal. If the Notice to Proceed is not received by the contractor within this thirty (30) day period, the contractor has the option of withdrawing his bid and proposal. If the contractor chooses to do this a written notice must be delivered to the owner with a copy to the City. The contractor shall not begin the work to be performed until receipt of written Notice to Proceed from the owner after which the contractor shall begin the work within ten (10) calendar days of the date of said Notice and shall complate said work within sixty (60) days or the number of days stated in the Rehabilitation contract. AAA0039F PAGE 8 4 r ~I 10, The contractor :;hall not assign j written consent h the owner the t c ~iract without/~ and agent. y and/or its It is agreed between the owner and the contractor that damages due to delay are impossible to determine and time that re the event the contractor does not complete the work required under the contract within the specified f , the contractor shall be liable for and shall pay to the City as liquidated damages the sum of one (1%) of the total contract amount or greatest percent 55, oContra stipulated for completiondin the delay until such work Rehabilitation Contract t accepted is satisfactorily completed and 12. The contractor shall not be charged with damages for any delays in the completion of lworkiquduideated the following; to 4. Any acts of the government; including controls or restrictions upon or requisitioning of materials, equipment, tools or labor by reason of war, National Defense or any other national emergency, 8. Any acts of the owner. Causes not reasonably foreseeable by the parties to this contract at the time of the execution of the contract which are beyond the control and without the fault or negligence in^ltiding but not limits of the contractor; Public enemy; acts of d to acts o1' God or of the performance of another contractor in the floodsr p' fires some other contract with the owner, strikes, freight embargoesq and nwe ne restrictions, severity such as hurricanes, tornadoes, etcunusual D. Any delay of the subcontractor occasioned b the causes specified in Subparagra y any of phs (C) above, provided that the contr actor (A) (B) and (within to days) notifies the tor promptly the cause of the dela owner c writing of delay to be properly e If bleo the facts show the extend the contract time bsa p the owner shall with the period of excusable delaYiOd commensurate 13. The contractor shall not be held r existing violations of law including eBp but not but not a for to zoning or buildin restricted listed in g code regulations at the the contract, property contractor shall Before beginning work th e COmPliance with the xamine the work write-up for applicable ordinance and codes for ' AAA0039F PAGE 9 h , y/~~~ the new or replaced work and shall immediately report any discrepancy to the owner. Whero the requirements of the work write-up fail to comply with such applicable ordinances or nodes for the new or replaced work, the owner and the city will adjust the contract by change order to conform to such ordinances or code and make appropriate adjustment in the contract price unless waivers in writing covering the difference have been granted by the proper authority. 14. The contractor shall comply with all non-discrimination clauses included in the contract; non-compliance will result in termination of the contract. 15. Bid3 or proposals will be submitted at the bidder's risk and the City or the owner reserve the right to reject any or all bids or proposals. 16. Subcontractors shall be bound by the terms and conditions of the contract, insofar as it applies to their work. This shall not relieve the general contractor from the full responsibility to the owner for the completion of all work to be executed under this agreement and he shall not be releaued from this responsibility by any subcontractural agreement he may make with others. 17. When adjacent property is affected or endangered by any work done under this contract, it shall be the responsi- bility of the contractor to take whatever steps are necessary for the protection of the adjacent property and to notify the owner thereof of such hazards. 18. Repairs shall be made to all surfaces damaged by the contractor resulting from his work under this contract at no additional cost to the owner. Where "repair of existing work" is called for by the contract, the feature shall be placed in "equal to new condition" either by patching or replacement. All damaged, loose or rotted parts shall be removed and replaced and the finished work shall match adjacent work in design and dimension. 19. After the final inspection and acceptance by the owner of all work under the contract including cleanup, the contractor shall submit to the owner for approval his requisition for payment. When the required warranties and the release of liens have been executed by the contractor, the final payment will be made which will include any amounts remaining due under the contract as adjusted in accordance with approved change orders and subject to withholding of any amounts due the owner for "liquidated damages" as may be necessary to protect the AAA0039F PAGE 10 ~yy 7 ~\I I ~ / laim arising from the contractor's~l owner against any c Payments will be made G operations under the formal contract. requisition for payment. within 15 day Partial payments will be made at discreticn of the owner with the consent of the City. 20. A Rehabilitation Loan may be made to cover the Cost necessary to bring the dwelling into conformance with section 8, Existing Housing Quali . ty Standards, and then C ategories ity of Codes (if possible) The two c of repairDes linton mited below are to be included as priority items: A. RgAutre Repairs; code violations which create hazardous conditions in regard to safety or health will generally involve the basic heating, plumbing or electrical systems. Code corrections or B. ecommended Repairs: which preventive maintenance efforts future action be undertaken to avoid more costly (1) Heating, plumbing and electrical improvements (2) Weatherization (3) Exterior work such as roofing, siding, painting, step and porch repair and retaining walls (4) Interior work such as renovation and repair of existing kitchen and bath facilities. 2'1. The property owner agrees to rent the rehabilitated arts amounts for rental unit at section 8 Fair Market Rent participate the initial years lease if requested to the Section 8 Mental Assistance Program. 22. The Denton Central Appraisal District automatically reappraises any house where a building permit is issued. raised Rehabilitation Participanti3 in the aware may value t of theirr propertyd aware that the app cause their yearly increase which consequently may shall be property taxes ncto s any personol applyiicy for thoroughly rehabilitation assistance. 23. Change orrs ma be made cannot be determined until sometime during the jour,-As iof the rehabilitation work. The Community Development coordinator shall not consider a change order proposed by a ',oidder that iL not called for in the contract AAA0039F PAGE li. 1 1 p f l 1 1 ~'J ~ ed b the community Develol document prepared by Development Office.,~~/&5 Change orders will be considered as follows: r A. Change orders are used to add work necessary to correct incipient items that have been found to be drafective after work is in progress but were not anticipated at the time the contract was executed. B. Change order requests will be limited to only those items that must be corrected to meet Section 8 standards and/or city code requirements. No change orders for recommended or general property improvements will be approved. C. The change order amount is limited to a maximum of 10 percent (10%) of the total contract amount. If it is necessary to request a change order to make required repairs and the contract is already at the maximum amount, a work item of less priority will be deleted from the bid proposal in order to compensate for the added amount. D, A contractor can request a maximum of 3 change orders for any one rehabilitation contract. E. Change orders will be used when it is necessary to delete work from a contract for any reason. When items are deleted from the contract, they shall be at their previously bid amount. When items are deleted, but do not have specific costs, in such cases the contract shall be .educed by negotiating the cost at prevailing rates. F. All change orders shall be executed by the property owner, contracto-•, and a Community Development official. G. Except for the purpose of affording protection against any emergency endangering life or property, the Contractor shall make no change in the work or rehabilitation, provide any extra or additional work or supply additional labor, services or materials beyond that actually required for the execution of the contract. H. All change order requests must be submitted by the contractor, signed by the homeowner and approved by the Community Development Coordinator. No claim for an adjustment of the contract price by the contractor or homeowner will be valid unless this is done. ' AAA0039F PAGE 12 ♦ I . ~I I . The approval of a change order shall constitiute authorization by the property owner and Community Development Coordinator to change the grant amount equal to the cost of the work added or deleted, sinless all available funds have been utilized. If this is the case, the owner must absorb the total cost or delete non-code items in order to pay for the work described. in the change order. J. It may be necessary to change the time of completion due to the addition of certain work items or delays that are beyond the contractor's control. K. If the contractor feels ttc.t any of the limitations listed above will result in the incomplete rehabilitation of the structure as specified in the contract, he may appeal the limitation to the Housing Rehabilitation Advisory Committee. 24. If the work completed is not i accordance with the construction contract, the Community Development Coor- dinator shall advise the property owner of the non- compliance who then shall obtain appropriate action from the contractor. No payment shall be processed on a construction contract until a contractor has satisfac- torij, completed all necessary corrective actio-• 25. The owner shall. be able to select the color and style of certain materials (i.e. carpet, floor covering, paneling, paint, etc.). 26. The contractor warrants that all materials, fixtures, and equipment furnished by the contractor and its subcontractors shall be new, of good title and that the work will be done in a neat and workmanlike manner. Neither the final payment nor any provision in the contract nor partial or entire use or occupancy of the promises by the owner shall constitute an acceptance of work not done in accordance with the Contract or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The contractor shall promptly remedy any defect in the work and pay for any damage to other work resulting therefrom which may appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The owner will give notice of observed defects with reasonable promptness. 27. Mobile homes are not eligible for rehabilitation. 28. Interest of certain federal and other officials: AAA0039F PACE 13 f r I ~ _YQ? 9....... A. No member or Delegate to the Congress of the United_-___ States and no Resident Commissioner and no federal employee shall be admitted to any share or part of this contract or to any benefit to arise from same. B. No member of the governing body of the City and no other public official of or within the City or County who exercises any functions or responsibilities in connection with the administration of the Community Development Block Grant Program and no other employee of the Department of Planning and Community Development who exercises any such fl.inctions or responsibili- ties shall have any interest, direct or indirect, in rehabilitation proceeds which is incompatible or in conflict with the discharge or fulfillment of his functions and responsibilities in connection with the carrying out of the Housing Rehabilitation Program. The length of time this exclusion shall be in effect is one (1) year following the ending of term of office and shall be binding upon, but not limited to, all of the individuals and agencies herein described. 29. The property owner agrees that for a period of ten years after the project is completed not to convert the rehabilitated units to condominium ownership. If the owner does convert rehabilitated units to condominium ownership, the entire loan amount shall be due immediately. 30. The property owner agrees not to discriminate against prospective tenants on the basis of their receipt of or eligibility for, housing assistance under any Federal, State or local housing assistance program; on the basis that the tenants have a minor child who will be residing with them; or on the basis that they are a handicapped individual. 31. The property owner agrees to maintain the rehabilitated property up to Section 8 Housing Quality Standards for Existing Housing for a period of at least ten years after the project is completed and allow the Denton Housing Authority to make annual. inspections for compliance (Appendix 2). 32. The property owner agrees to comply with applicable lead-based paint regulations. (Appendix 3) 33. The property owner agrees to comply with the City of Denton's Tenant Assistance Policy, including execution of all. tenant notifications outlined in the policy. AAA0039F PAGE 14 . 01 K J1 Copies of all tenant correspondence must be submitted to the Community Development Office. IX. MjINIMUM REHABI_~_LITATION STANDARDS: Roofs Roofs should not leak and have no evidence of rotted decking, fascia or soffit. Any roof with two or more layers of roofing must be stri.ppe(i to the decking. if it is determined a new roof is necessary the decking must be checked for broken or rotted decking and shall be repaired or replaced as needed. Where new decking srequirfdithe material shall be one-half inch plywood or o waferboard to be used with H clips between sheets. All roofs that all. stripped shall be replaced with new felt paper, the proper flashing and metal drip edge with 240 pound shingles. Any roof with less than a 4/12 pitch shall be covered with rolled roofing, with at least 12 inches of sufficient to l prlap, if proper installation run offfrorolled of will be rebuilt. Siding and Trim All exterior siding and trim shall be free of holes, cracks or rotted material which might admit moisture into walls. New siding may be applied only if the cost of new siding and installation is comparable to the repair and painting costs of the existing siding. Windowa All windows and hardware shall operate satisfactorily. l Cracked or broken windows shall be replaced. Window glazing shall be weather tight and windows shall be weather stripped so as not to allow entry of air and water around the glass, sashes or window casings. All windows shall have screens and working locks. Drainage The grade of concrete or dirt should drain at least five (5) Peet away from foundation walls. Site Improvements All replaced concrete su faces are to o be level with the widths to match the existi:ig occupants hall be repaired or~,d if that pose a threat the All steps both concrete or treated material or concrete. AAA0039F PAGE 15 \I Foundations and Piers skirting shall be six (6) inches unde ngeVou22 level- gauge or 24 is neces shal l to used. st all skirting, skirting Kitchens ~ which ink Kitchens shall have a specific Tecounter workaspare, sand with hot and cold running utensils. space for storage of cooking stairs All stairs shall provide for the safety of ascent and descent. All treads and risers should show no evidence o hand of excessive wear. All stairs breakage or have evidence y shall be equipped Utility Areas Gas ted in the heaters or In addition to all loco plumbing and electrical codes, water heaters and fueraand shall be enclosed with aAlsealed l washerrandddryeru hookups must lower combustion air. meet city Code. structural system The wood, masonry or steel components shall be in serviceable condition for the expected useful life of the rehabilitated building. structural members which are in seriously deteriorated condition shall bs replaced. sagging and unlevel floors ohall be raised and stabilized as level as possible without causing interior damage. Termite inspection and treatment shall be done eisft eG dencce eandfpresent documents of dative infestatons out the treatment company will carry of proof. Elect-Aical system All replacement of existing wiring and equipment shall be al El done in conformance with the National source of ode and the electrical City of Denton ofny c~opmbustible material shall be hazard or ignition corrected. and GFI outlets shall be used in bathrooms, kitchen, garage, exterior receptacles. Additional outlets shall be added to AAA0039F PAGE 16 eliminate extension cords and, at the request of the City inspector, to meet City codes. G Plumbing The plumbing system shall operate free of fouling and clogging, and not have cross-connect iossphwhich between contamination of the water supply or back fixtures, All sinks, lavatories, water closets, water heater, and other plumbing fixtures shall have accessible cutoff valves. All fixtures shall have P-traps, necessary vents a be properly connected to a public or private sewage disposal system. All sewer lines shall have accessible cleanouts. vashall be installed with lve, and overflow to the exterior wall v All water pop-off heaters stack, a p p- the struature r' Mechanical Equipment i l must be vented with double wall All gas fired er auiPPerunits pipe and prop ower combustion air. The unit shall not be installed in a living area such as bedrooms or under stairways. Rigid gas pipe must be used to supply heating units with a maximum of three (3) feet of flexible pipe from the stop to the appliance. All duct work shall be properly sealed from the heat source to the register vent and from the return air supply to the heat source. insulation and Weatherization A R-19 insulation value in the attic shall be required, Exterior Doors All exterior doors shall be solid core. All locks shall be capable of tightly securing the door and shall be readily All openable from the inside without the ur;e of keys. exterior doors shall be weather stripped so that there is no significant entry of air or water into the structure. Porches and Decks All porches and decks shall be safe ar 1I capable in supporting anticipated loads. All porches i are Y not condition ed. economically repairable shall be useful rempurpose ov or which AAA0039F PAGE 17 r~y,,Ir rade shall have z more , p stairs inches with above tour (4) 0 Porches and decks thirty 9 guardrails 'and igriths s a of handrail on at least one side. risers. shall Gutters and DOW"Poute outs should exist where they are deemed Gutters will n-°-t ' Gutters and downsp er drainage. necessary to promote prop do not already exist- normally be installed if they tiles shall Downspouts that cannot b ern seteegradingaln / have splash backs with Prop f chimneys and Vents Furnace and water heater vents shall be double wall vent pipe s having open mortar joints unlined masonry chimney installation of Existing shall be removed or made safe by arUL approved flue liner. h the roof. Vent-a-bood stacks shall be vented through interiors ood, walls, and ceilings shall bemaintained ' icr.acked All floors, condition. All pe clean, and sanitarYand other detective surface ational~tion~ or loose plaster, All doors shall be per shall be eliminated. torn or too dirty to be carpet and vinyl that is badly worn, laced. This sha' all be hy the by a cleaned shall be regxistisig carpet C.D. Inspector. if necessary. commercial steam cleaner, Bathrooms and lavatory closet, tub or shower, to the An operational water Hot water should flow lied Should be in the ba~hower Cold water should be supp lavatory and tub o Either a window or an exhaust fan must be to all fixtu ros erly vent the bathroom, present top p' cabinets Built-in kitchen cabinets shall be repsized up to 50 percent cost of new cabinets- Bathroom cabinets are ILOt of the .required, AAA0039F PAGE 18 - T T T T h X.- r/s" r I APPENDICES i Appendices SECTION 8 EXISTING HOUSING/PROGRAM /%S 5-882.109 Housinq quality standards - Housing used in this program shall meet the Performance Requirements set forth in 1 this section. in addition, the housing shall meet the Acceptability criteria set forth in this section except for such variations as are proposed by the PHA and approved by HUD. Local climatic or geological conditions or local nodes are examples which may justify such variations. (A) Sanitary Facilities (1) Performance Requirement. The dwelling unit shall include its own sanitary facilities which are in proper operating condition, can be used in privacy, and are adequate for personal cleanliness and the disposal of human waste, (2) Acceptability criteria. A flush toilet in a separate, private room, a fixed basin with hot and cold running crater, and a shower or tub with hot and cold running water shall be present in the dwelling unit, all in proper operating condition. These facilities shall utilize an approved public or priv;.te disposal system. (B) Food Preparation and Refuse Disposal (1) Performance Requirement. The dwelling unit shall contain suitable space and equipment to store,., prepare, and serve foods in a sanitary manner. There shall be adequate facilities and services for th,a sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary. (2) Acceptability Criteria. The unit shall contain the following equipment in proper operating condition: cooking stove or range and a refrigerator of appropriate size for the unit, supplied by either the e)wner or the Family, and a kitchen sink with hot and cold running water. The sink shall drain into an approved public or private system. Adequate space for the storage, preparation and serving of food shall be provided. There shall, be adequate AAA0039F - 1 - S /~--oz9 Appendz4es 9-/ ea? facilities and services for the sanitary disposal of food wastes and refuse, includ.ing`~f4, facilities for temporary storage where necessary (e.g. garbage cans). (C) Space and security (1) Performance Requirement. The dwelling unit shall afford the family adequate space and security. (2) Acceptability Criteria. A living room, kitchen area, and bathroom shall be present; and the dwelling unit shall contain at least one sleeping or living/sleeping room of appropriate size for each two persons. Exterior doors and windows accessible from outside the unit shall be lockable. (D) Thermal Environment (1) Performance Requirement. The dwelling unit shall have and be capable of maintaining a thermal envi.ronraent healthy for the human body. (2) Acceptability Criteria. The dwelling unit shall contain safe heating and/or cooling facilities which are in proper operating condition and can provide adequate heat and/or cooling to each room in the dwelling unit appropriate for the climate to assure a healthy I living environment. Unvented room heaters 1 which burn gas, oil or kerosene are unacceptable. (E) Illumination and Electricity (1) Performance Requirement. Each room shall have adequate natural or artificial illumination to permit normal indoor activities and to support the health and safety of occupants. sufficient electrical sources shall be provided to permit use of essential electrical appliances while assuring safety from fire. (2) Acceptability Criteria. Living and sleeping rooms shall include at least one window. A ceiling or wall type light fixture shall be present and working in tha bathroom and kitchen area. At least two eloctric outlets one of which may be present and operable in the living area, kitchen area, and each bedroom area. AAA0039F 2 • I L i ~ I Appendices C~ (g) structure and Materials The dwelling unit (1) performance Requ ally sound so as not to pose shall be structurally any threat to the heal ProteCt the s toccupants occupants and so as to p from the environment. wetlls and (2) Acceptability criteria. ceilings, floors shall not have any serious defects such large severe bulging or leaning, holes, loose surface materials, severe buckling or under walking stress, noticeable movement The missing parts or other serious damage. roof structure shal~heeexteriord wathe ll rstructure r' be weathertight. have any and exterior wall surface such shserioust leaning, serious defeats succracks or holds, loose buckling, sagging, The co;-idition and exterior siding, or other sofious damage. and equipment interior stal.rways, halls, porches, walkways, cof shall be such as not to present a danger tripping or falling. elevators shall ben maintained in safe and operating condition. the case of a mobile home, the home shall be securely anchored by a tiedown devic aswehdicch distributes and transfers the loads smso as to anchor the unit to appropriate ground resist wind overturning and sliding. (G} Interior Air Quality The dwelling unit (1) performance Requirement. ollutants in ttse air at levshall els bewhi£reche th hr p eaten the health of the occupants. unit 2) Acceptability Criteria. The levelsn of air ( shall, be free from dangerous sewer gas, fuel pollution frandc othermharmful air pollutants. gas, dusty uate throughout Air circulation shall be adeq the unit. Bathroom areas shall have at least one openable window or other adequate exhaust ventilation. (y;) Water supply (1) performance Requirement. The water supply shall be free from contamination. AAA0039F 3 , ~LL i r lvc " ~e~ Appendices (2) Acceptability The un1 SHx~7- served by an crateria, sanitar pproved public be Y water supply, or private,O {I) Lead Based Paint {1) Performance Requirement, (a) The dwelling unit shall be in c°mplince r with HUD Lead Based paint regulations, 29 MFR, Part 35, issued 1 ' 1{ Based Paint Poisonin pursuant to thAe Lead U,S,C, 9801 g Prevention ct, 92 cer 4801, and the owner shall provide a ification t accordance with such HUD dwelling in - I Regulations. . (b) If the property was constructed 1950, the Family upon occu prim to been furnished the noti pd11 a shall have Lead Based paint re ce required by HUD regarding the hazerds ations and procedures regarding the of lead based paint lead prisoth symptoms and treatment of taken against leaddpothe isoniprecautions to be. (2) Acceptability Criteria, Same as Performance Requirements, (J) Access (1) Performance Requi Bement. The dwelling unit shall be maintained without unauthoriz d fuse of being private properties, and the of other provide an alternate means of e building shall fire, grass in case of (2) Acceptability Criteria, shall be useable The dwelling unit maintained without una of being and uthorized le use private properties, and the building °f other provide an alternate means of egreshall fire, case of (K) Site and Neighborhood (1) Performance Requirement, neighborhood shall be reasonabe The site and disturbing noises and reverbe at ions f and other hazards to the health, safety, and general welfare of the occupants. AAA0039F 4 - A endices (2) Acceptability criteria. the site and neighborhood shall not be subject to serious adverse environmental conditions, natural or manmade, such as dangerous walks, steps, instability, flooding, poor drainage, septic tank backups, sewage hazards or mudslides; abnormal air pollution, smoke or dust; excessive noise, vibration or vehicular traffic; excessive accumulations of trash; vermin or rodent, infestation; or fire hazards. (L) Sanitary Condition (1) Performance Requirement. The unit and its equipment shall be in sanitary condition. (2) Acceptability Criteria. The units and its equipment shall be free of vermin and rodent infestation, (M) Congregate Housing. The foregoing standards shall apply except for paragraph (b) of this section, Food Preparation and Refuse Disposal. in addition the following standards shall apply: (1) The unit shall contain a refrigerator of appropriate size, (2) The central dining facility (and kitchen facility, if any) shall contain suitable space and equipment to store, prepare and serve food in a sanitary manner, and there shall be adequate facilities and services for the sanitary disposal of food wastes and refuse, including facilities for temporary storage where necessary (e.g., garbage cans). r AAA0039F 5 , 1 op CITY OF DENTON 9i~~ ffO PLANNING & COMIUNLT'Y DEVELOPMENT DEPARTMENT J STANDARDS OP WORXMANSIIIP CF:Ni;RAL SPECIFICATIONS INDEX Item PLi Item Page I, Foundation E 1, Leveling 1 VI. Doors 2. Skirt 1 1, Exterior Doors 5 3 Cr.eephole Door L 2. Frame 5 4. Ventilation L 3. Threshold 5 5. Floor Framing 2 4. All New Openings 5 6. Floor Joints 2 5. Remove & Close Opening 5 6. Aluminum Screen Doors 5 II. Walls (exterior) 7. Wooden Screen Donrs 5 1. Replace Stud Wall 2 8. Interior Doors 6 i 2. Repair Anbe.aton Siding 2 9, Storm Doors 6 I 3. New Asbestos Siding 2 4. Repair Comp, Siding 2 VII. Windows 5. Straighten Walls 2 1. Wood Units 6 6. Replace Siding 2 2. Aluminum Units 6 3. Window Screens 6 ' 111. Porches 4. Reputty 6 1. Removal 3 5. Window Class 6 2. Replace Wooden Flouring; 3 6. Replace gills 6 3, Wrought Iron 3 7. Wen therstripping 6 4. Wood Columns 3 8. Storm Windows 7 5. Concrete Porch 3 6. Stoops 3 Vill. Exterior Trim 7. Steps 3 1. All Exterior 't'rim 7 8, Handrails 3 2. Masonry 7 9, Guardrails 3 IX, Finish Floors IV. Walks and Drives 1. Wooden 7 1, Walks 4 2. 'rile Installation 7 2, Driveways 4 3. Ceramic Tile 7 3. Approaches 4 4. Carpet 7 i X. Walls (interior) V, Roof 1, Dry Wall Products 8 1, Level 4 2, Wainscot 8 2. Decking 4 3. Ceiling Insulation 8 3, Gutter and Downapout 4 4. Ceiling Finishes 9 4. Flashing and Valley 4 5, Repair Comp. Roof 4 XI. Mill Work 6, New Built-up Roof 4 1. Material 9 7. New Built-up over Old 5 2, Workmanahip 9 8. New Comp, over old 5 9. All Roofing Work 5 I 1 enerrnaardn of Workmnnghlp Gen l Page 7 Specfflcntlona dal G~ XlI. Painting 1- <<!~ 1, liatertal Pia a 2• Generaj ke q XIX. 11larelfnneoua fre qulrementn 7 1., inratlon of Sur Conatructlon Oode F'zt" or Painting !aces to lnfor 5. +tatton 1laaonry 2 Paluttng ll Sarr.ty Standards 18 6' interior 7 Palnttrly, lJ. t9 , Cau1kIr It 5' APP.tication it L2 Xi! 1~ 1• flnlalr linrdware I finial, 11nrrJware " t2 j XIV. lit ace_lln'leotla 1, Counter 'toga 2, Atttc Veuts f2 3• 11e 17rha+l[caI Ventilators Vent:-.a-hoods 12 5, lhfllt,Iua 12 1 6. Attic Inaulatton J.2 7. Clean up 12 I H• S1Le 1)"Inape 13 XV, Plumbing IJ t- Hntirroom Acceaaoriell 21 tieatlnp, tJ j 3• PJombing Llrlea 13 • Septic 'Tanks 1.3 XVI. 13 1'%lectrlra! i• 1%lectricnl 1,Inea l3 y XVII. linergY Connervstion 11 doors and Wlndowa 2, openings L4 J 3, pipe 1tlaulatlon th Uuct lnnulation 1.4 5• Design Inautatlorl 17i 6 Cell.ing Insulaticn 7, Wall Inatclatfon 14 XVI fI. 14 SPan Tables 1. Gelling Jolata 1 2. Rafters IS 3, Ploor Joist, 16 L7 1 U4U4s J Standardn of Workmnnship 71' (;enern.l Specificntions ~FAjA Page 2 " _6: .-/i1 :.1124 ya ~ ire Leto Pa e item Pao X11. Pa lilt ing , 1. tialerinl XIX' tIiscellnneoun 9 1. 2. Cenernl Couatruction Code Rer{ulremerttn 9 3, !'reparation of Surfncr_n l() Information 18 4. Exterior PairltitIg 11 2 Safety Standards 19 5. Masonry Palrrtlnp t1 G. Inte.rinr Painting,, II, 7. Cnulking 71 H. Application L2 XIII. F'ininh Itnrdwnrc 1. Finish tlnrdware 12 XIV. Hisc.ellaneoua 1. Counter. 'Pops 12 2. Attic Vent" t2 3. tlechnnic-rl VCntflaLoro l2 4. venL-a-Hoods 12 5. Built-•11111 12 6. Attic insulation 12 Ctenn up 13 8. Site Uralnage 13 I XV. Plumbing L. Ilnthroom Acr.eaaorlea 13 2. Ifentinp 13 3. 1'lumb111,g Lines 13 4. Septic Ttinkm t3 XV1. ElecLri(:nl 1. Electricnl Linea 1.3 XVil. Enerpy Conservation L. Boorn and Window" I 2. Openinpa 14 3. Pipe Lnnuinl.fon Jli 4. butt lnnuinLlon 14 5. benign Lnsulation 14 6. Ceiling insulation 14 1. Wall insulation 14 XV11f. Spnn 'Fables 11 Ceil.ing Joists 15 f 2. Rnftern 16 3. Floor Joists L7 i 0404 a POW ~7 - O1'.NERAI, SPIiCIFICATIONS TRADE NAMES: Are used to eatablLa}i a guide ae to quality and type of malarial required. MATERIALS: Shall be new, in good condition and of standard grade unless otherwise specified, REPAIRS: Where repairs of existing work are called for, tile feature is to be placed in "equal or new" condition either by patching or replacement. All damaged, loose or rotten parts shall be removed and replaced, and the finished work shall match adjacent work in design and dimension. IMPLIED WORK: Work specified and not shown on drawings or drawn and not specified will be executed as if fully described by both methods; and any work or materials which are not directly noted in the specifications or drawings, but necessary for the proper carrying out of the obvious intentions thereof are to be understood as implied work and will be provided for by the contractor in his proposal as fully as if specifically described and drawn, EXAMINATION OF PREMISES: it in understood and agreed that the Contractor has by careful examination, satisfied himself as to the nature and location of the work, the character and quality of the materials to be encountered, the general and local conditions, and All mattern which can In any way affect the work under this contract. The proposal shall be based an the plans, specifications and contract documents supplemented by the conditions at the site. ADDITIONS REQUIRED TO, THE STRUCTURE: New construction or, the addition of vooms, Including walls, floor, roof, eLectricity, hent, plumbing flIxturen u shall be accomplished in accordance with the plumbing, Electrical and building codes of the City of Denton. REMOVAL OF PORTIONS OF THE STRUCTURE: Removal of portions of the structure shall be done in a workmanlike manner with a minimum amount of damage to the remaining portions of the structure. f. FOUNDAf12N 1. LEVF.LINCI Shall be done in accordance with the building code, 2. SKIRT: Shall be constructed of conforming materials with 8 inches 22 or 24 gauge galvanized flashing with 2 inches overlap on bottom of skirt and 4 extended into ground. 3, CREEPNOLE DOOR: Shall be hinged and constructed of such rodent proof material. as to conform with foundation skirt, and shall be adequate size for entrance to crawl space, (Sines 24 inches x 24 inches hatch and stops). 4. FOUNDA'T'ION VENTILATION: Under-floor areas shall. be ventilated by openings in exterior foundation wniLa. Such openings shall have a net area of not less than L square foot for each 150 square feet of under-floor area,. 04048 i - I I Q_. ractlcnl and shall PrOV~~t corner" an Filial, be f a sI1nL1 Ile lacnted ns cLoae to 011 ingR two oppoalte Upenlug fise Terluired Area of such °i tit of at least h cross ventllnteoAnlly cifRtt'lbuted along tine l eng npproximALeY l ('velod wit Aides, '1110,y shnincheinadLmennioll Y• corrosiosl-reeiutrlnC wiry. meals wlC t meR openinga of 1l+ i P floorlnp, Pieces with a de ter larntc. he exiating structure, 5. FLOUR FItAlILN~s keplACe nil rotten or rnde mntr_r l al benristg thr_ name dLmcnAS°lt na t and of standard R of 2 inches x 6 Lnchoa n AA the aziating attucture• 6, FLUOR .SUI5'I'Ss keplncement8 riltnll. be a cninlmum bearing the same (limennlo A m%dArA grade material ii. WAL.LS_I'.X'LJ_E'•Kl~x rattling. r,Ulr}n f1hrl". (:anf.orm with exintLnF wa11 f t Replacement replaced, the foiSowistwalisshall I 1, WALT, FHALIINIts WALL in Added or Fit 2q inches UC, In the event nn entire rnde 7. x it's SocnLe(IACedlAAmaxlmumnG shnli be np1mim 1 btssofpJ.O feet, Shad be nPACed A maximum 16 inches UC i-Fliefi hnve AmaxLmtm el p ceiling ottl./, Ahnil betud grade orting one floor, 2 x A located At r~ supporting roof All end ceitlnY'' Ilt of 14 feetl shall be rof N uupP rnde Rtuds ahn11 not he spAced 8 more non~-lond-bear in$ wnS-is shnLS sYsAVU`ilityiW he g nor exceed 10 feet for spaced It mnxiinum 24 inches 01- re than roof anti cei4 log' wall , or and load-bearing than 16 inches t O0(1 or Aar r Ruppe "ll"errt wa mo lls xte feet in Ilefg walls. interior non-load-bearlnp, wA atternI type and Kellacement shah be conformiuy, Pto make color 2, RETALK ASUSSTUS SlUiliGt j If unnbLa~to match Ilse utructure ahali, he palate color. ttera, type conform, conforming Pa ,iace_mr.nt shah be of imed to make color k R(llnted composition 3, RKP ALK C(Jllk'USl'CIUN 'la t lls Kai the structure shei a If tinsbe to match, per square, and calor. . I conform. Asphalt minimum we mL' ertnellwnroY. t 1U5~ p ight 220 } necessary ""I ` WaS.ls uhnil be strAightetsedtbo by r work ovi wall framing to A ired and 4. 5'fRA1G11'fhlJ WALLSs Sntcxior) in order members s Yequ a workmanlike one. Replace elicit utrlse~umeollenka In it boar.dR (either elwir or And other L RtrAighs: and even RelnRtniL aiding stin r brace properlY• oSutA beC_o_rF yn_ il__i' mnIto er. caulY, °11, exterJor - uivnlent. Siding i tAde or eq that nhAli be 0 g LACed over sheathing pIh(j S1ll1NUs Al?. wood siding ,srovai. Siding 5, Rp; thickn offlciAls) Alf average RhALi have It minimum esA of 3/g Inch un.Paa drop siding or Rl+iplaP nhail Isa e have s minimum hae an 100 date rustic,i (rode of Build sag i(Siltg nhnil ch and A tip patterns knowst as Bevei R thickness Of not lens than 316 .i,tclt. solid 1 inch AI.1 110 -arbonrding or 1/16 in thickness measured at tile butt uection of f not .leRS than o sridtoing shall. be less khaLS., thickness not leRS than 3/116 inch, n one na securely nailed to each At.tul wtth not: . {I 2- ur+uaa 11 1 1 r ~y 7 G' Openings shall be located Ea clone to corners an practical and shall provlde cross ventilnLlon. The required nren of such openingn shall be approximately equally B1strlbuLed along Lhe LengLh of at least two opposite nines, '1'Irny shnll be covered with corrosion-renlntant wire moult with mesh openings of 1/4 inch in dimension. 5. F1d1OR FRA1111,IG: Replnce all roLLen or deteriorated flooring pieces with a atandard grade material. bearing, the name dimension ns the existing structure. 6. I'MOR JOISTS: RAplncemenLn rthnll be a minimum of 2 lnchen x 6 inches and of standard grade material bearing the same dimennfon nn the existing structure. a i 11. WALLS EXTFAIUK l.. WALL. FRAMING: Replacement Rtudn uhn11, conform with existing wall framing. In the event an entire wnLl in ndded or replareel, the foLlowing criteria shell be npplled: stud grade 2 x 4's located at Lond-bearing walla shnLI have it maximum helplrt of 10 feet, shall be spaced a maximum 24 incltes OC, supporting roof and ceiling onLy, nha1L be spaced a maximum 16 inches OC 3 supporting one floor, roof and r_eiling. Stud grade 2 x 14's Loefitt,.d at non-load-bearing wdILn ahall have a maximum height of 14 feet; shall be apsced a maximum 24 lnchen U(,, ULility grade studs ahall not be spaced more than 1.6 inchen OC nor support more than n roof and ceiling, nor exceed 8 { feet in height for exterior walla and lond-bearing walls, or lO feet for interior non-load-bearing walla. 2. R11PAIR ASBESTOS SIDING: Replacement sha11 be. conforming pattern, type and color. If unable-to match the ntructure shall be painted to make color c,)nform. 3. REPAIR C011PUS1TIOn SID111G: Replacement alrnl.l be of conforming pattern, type and color. If unable It, match, the structure shall he painted to make color conform. Asphalt minimum weight 1050 per square, insulated composition minimum weight 225!/ per square. 4, S'IRAIGI[TEN WALLSI Walls alrail be straightened by removing nacennary wall - boards (either exterior or Interior) In order to work wall framing to e straight and even plane, Repplnce such structural members nn required and brace propnrly, ReinstnLt nlding and other components in it workmanlike mnnner. Caulk all exterior jolnts before lininting. 5. RFPL,A(;ffi SIDInGt All wood aiding shnll be 1) grade or equivalent. Siding shall have a minimum thlcknenn of 318 Inch unLess placed over sheathing that has an ICBO (lnternationn_L Lode of Building Officisis) approval. Siding pntterns known as rustic, drop siding, or ahlplnp shall have an average thickness of riot leas than 3/8 inch. Bevel siding shall have it minimum thickness measured at the butt section of not lees than 7/16 inch and a tip thickness riot lens than 3/16 inch, All weatherboarding or siding shall be securely nailed to each stud with not less than one pall, or to solid 1. inch 0404s 2 - I tf 111, PORCHES , 1. RFAOVALI Shall be done in such a mnnnerrjuASe to ca use and l emausst Of damage to the remaining structure. strengthening shall,' be done as necessary for the main structure after removal.5 2. RFPI.ACF WOODEN FLOORINGI Flooring nhall be of tongue and groove type, and preservative treated to prevent deterioration unless otherwise specified, III 3. WROUGHT IRON COLUMNS: Colonel Logan or equivalent, s1 i 4, WOOD COLUMNSI Shall be A minimum 4 inches x 4 inches dimension. Columga ' and posts located on concrete or masonry floors or decks exposed to the ` weather or to water Splnnh which support permanent structures shall be supported by concrete plera or metal pedentnla projecting above floorss unless Approved wood or naturnl renistance to decay or treated wood is to ;l used. Vie Pedestals Shall Project At least 6 inches above such floors, Individual concrete or manonry piern s}cali project at least 8 inches above II I' exposed ground unless the columns or poste which they support are of approved wood c,f natural resistance to decay or treated wood is used. S S, CONCRETE PORCIIs Shall have a compressive atrength at 28 days of-at least 30000 PSI. Concrete will be deposited when temperature is 360F or above ,I. and 1's reinforced ♦ wi t It Concrete minlmum l1b~b x 10610 wire imeahon frozen ground,; Shall be 6. STOOPS: Are to be constructed of such material as to conform with axis'l.al ill roof, and shall have all necessary structural members required' to form a structurally sound unit, Is STEPSI If Steps are called for, they nhall be poured monolithicaiiy, and " Shall have an 8 inches maximum rise And 9 inches minimum run, ;~1•; I : " 8, HANDRAI M Ilandraila shell. be required for stairways having fourlor ►ara E' risers and serving one individual dwelling unit. Itandraila shall be placed , I not less than 30 inches nor more than 34 inches above the nosing,of treads and shall extend not lees than 6 inches beyond the top and bottom risers, The handgrip portion of handralls shnll be not less than 1 and+1/4 inches 4 i nor more than 2 inches in cross-sectional dimension or the shape;ehall provide an equivalent gripping Surface. Ills handgrip portion of handrails Il shall have a smooth surface with no sharp corners. 9. GUARDRAILSt All unencloaed balconies or porches which are tmoretths 30 inches above grade or floor below Shall be protected by a guardrail. Guardrails Shall be not leas than 42 inches in heights open guardrail and stair railings AIIAI1 have intermediate rAlls or An ornamental pattern such ! that a sphere 6 inches in diameter cannot peas through, } 1V. WALRS DRIVES r f ,I 14 SIDEWALKS: Concrete Shall have a compressive strength at 28 days of at least 3000 P.5.I. Concrete will be deposited when temperature is at 36 degrees Fahrenheit or above the rising. Sidewalks shall be reinforced with ~.l li 51~ E, 04041 - 3 - ! a minimum single layer. of 6-P,augr mesh, 2 Layers of 1(1-gauge mesh, ~i //I'~' inch;li~ ~I rebar 18 inches O.C.R.W.r, Slclewniks ahall, beve' at minimum grader of 1/4 per foot. 2. DRIVEWAYS; Concrete shall have a compressive strength at 28 days of at least 3000 P.S.T. Concrete will be dcposlted when temperature is 36 degrees ilit M+ Fehrenhelt or shove nod t•inlhhF,r mesh e2alayclralofbl0tgauge rmeet%,,or 03 rebart .;Fr + minimthm single layer of fi-gnu8. .{II;S1 18 Lnchna O.C.E. W. All, driveways shnLL have n mintmum concrete thickneso of li t 5 inches, with a minlmum gt'nde of 1/4 inch per foot. VXpnnsLon joint", constructed from wood of unl.nrrhl resistance to decay. skirls As the henrofo30 !I ! II, r fn rl' ' of redwood, bald cypress, or file cednra, ' feet intervals. t li i "sI work it% tice public riglit-of-way, II l 3, I)RIVF APPROAC11F.81 PrLor to contact Lite 1)nllding imI,ect~lonl Oepartme~t at 566-3160. " V._ ROOF ~1~ tli i.F;VEI,I InnLni1. au ffle tell t brnclit g to remove noel prevent recurrence of sway and to mnintel,n a true and even plane, r•f,"'' !YJ.' DEcXIN01 Repair by replacing defective sheathing boards leaving new deck and nde timely secured to structural ceembers. Ijl ~l surface smooth and clean, h III Nails to be Olt common or box for nhiplnpl al.l other I x 242 materiels "bell { 1 have Bit common or all. a levn and 12 inches OC along intermedie e~no 3b sheathing g ~ I r,t 1 b Inches OL along P plywood. Plywood is to be nhenthing grade no lane than 3/g_ inch tin e tlae thickneon as ext'ntich. Floors shell he trltmedFflush et any-c- {,.'I" •.t 7I• elevation In excess of 1/O inch. 31 OU'I"CF.II A)IO OOWUSpou'rI ShnIt be of gnJ.vnnized metal properly hung with 1/4 ~i Inch hardware cloth screen to prevent entrance or foreign uaterialr „and I shall have a costc.rete Lucheu oplnah gnnrd inches under the downspout. Hinlmum 2 atrnp_anclhorage 7 feet - U inches height. iron. I' 4, FLASIII1JrJ ACID VALLEY LfATERIAI,I All shall be 26 gauge galvanised 4• , I Valley tin shall he a minimum of 20 inel+es wide. II,o~c 51 REPAIR OF COMPOSITION ROOFS All ml.asing orbroket shingl s @hall, be or,' none shingles. Repla ,I. j' replaced. Rena s 1 design, weight and brand (if possible) an existing roofing meteria><h• l it 6o' NEW fiUILT VV ROOF" Nnll one (1) ply of 300 felt, Hop two (2)' Plya Witt, 151 it felt properly mopped with hot tar. Apply hot map and gravel, properly spread to create a uniform and durable roof. 11 7, NN BUILT UP ROOF OVER OLDI 71horoughly clean turf hat e. . Install two (2) Vila properly. 4 of 1.50 felt properly mopped with hot ter. Apply map and ravel p t i • Spread to creole a uniform and durable roof. ' ~ II1 0404a g c lu , ~ \I NEW COh1pOS1.TlON ROOF OVFR 01.0: properly repair at ctural wood m ter al by replncing nil rotten and defective decking, overhang, rafter ends, fe.scia 1~7,V/ld and cornice. Apply 23511 composition roof with 1 1/4 inches galvanized roofing nailn. Install according to manufacturer's recommendations. InaLali 1. Inch x 1 1/2 Inches metal edging over all exposed edges of roof. No more appLied than oe Maximumuallayers lowablefspanpforlraftersfspecified on attached tables. 9. All ROOFING WORK: (either new or old) Shall be accomplished in a workmanlike manner, and shall be done in accordance with manufacturer's recommendations, and installed in such a manner (with proper flashing, counter flashing and all other necessary components) to prevent leaks of any kind, Provide temporary covering for roof when adverse weather conditioton i prevent the roofing and associated work from being installed is required. Maximum allowable span for rafters specified on attached tables - page 16. ' II V1. DOORS 1, EXTERIOR UUORSt Shall be of exterior standard grade with a minimum aiat thickness of 1 3/4 inches. Doors shall be six panel solid core type P to match exterior. All exterior doors shall be weatherstripped with bronze spring steel or equivalent, 11ire9hold, -setin mantle and door bottom_ weatherstrip, New door should conform to existing dimenalons unleae otherwise specified. 2. FRAh1Et Shall be of 2 incites material, properly plowed jamb, to receive 1 3/4 Inches door. 3, TIIRESIIOLDt Shull be of proper height and width for the particular opening. 4. ALL NEW OPENINGSt 4 feet wide or less in bearing walls shall be provided with headers consisting of either two pieces of 2 inch framing lumber placed on edge and securely fastened together or 4 inch lumber of equivalent cross section. All openings more than 4 feet wide shall be provided with headers or lintels. Each end of a header or lintel shall have a length of bearing of not less than 1 1/2 inches for the full width of the lintel. All non-bearing loads shall be constructed with two 2 x 4 headers placed in such a manner as to remove all trace of closing. 5. REMOVE AND CLOSE OPENING! After removal, structure shall be properly strengthened and openings shall be covered with conforming exterior and interior finish materials in such a manner as to remove all trace of closing, 6. ALUMINUM SCREEN DOORS! Shall be of extruded countruction with a minimum thickness of 1 inch, and 2 inches wide fluted stiles, a 2 1/2 inches wide extruded, Shall be furnished with 18/16 mesh corrosion resistant aluminum screen wire, 7. WOODEN SCREEN DOORS! Shall be of select preservative treated Western Kinimum furnished 1 1/8/inches. Ponderoaa Pine corrosion resistanlt adowel luminum Joint construction 0404s - 5 ~I 4 0, 111'I'RRIOR DOORS: ShnLl be of inLarinr ninndard grade with minimum thlcknenn of 1 3111 inches Ideal Ilrnnd or equLvnlcnt. Door frnme shnLl have a minimum thicknean of 3/14 1rich. 9, SIORll DOORSI SLor'in Doorn nrr Lo be of nluminam, brtked-ennmeled, factory fIn lnhc?d. Pit 11: 1s to Include I,hreshold, wentlhr.rotripplug, closer chain atop And Jock nssembly. Door In to be hinged on he mime able Jamb as exterior door, or nn indicntod 1n rlrnwing on work wrlle-up. Dour meat give a tight fit whin (-iOned. (Re1.Ler• hul.] L Aluminum Viiargy Saver Series 120 or equivnlenl:.) V1 L. WINDOWS 1. WOOD im I'fS: ;shall be ronnteuetcd of type "S" or "T" stiles, check rail. Ir pinin rail., finlerlnl elhnll br of prenervntivn-trentod Western Ponderosa PLlip, . JrlnnI brnnd gtnndrtrd y,rnrlr• or equlvnlont.. Illnlmum thickness of 1 3/8 l.nchns. ALL wlndown Should conform t.o existing dimrnnlons unless otherwise specl.fled. Al.]. nhould be doubl.epaned wLth ncreens. 2. AIMMINUTI 011ITS: Shall be constructed of ltenvy gauge extruded aluminum necllottn (nilntmum thlcknnns .062 rxponed nurfuern of aLl nluminum members nfin11 he extruded of rlrrit CLnan rlnlnh mnterinl. O th no nerlous defects or b.leml.nbes. Alt jolntn alinll be. rtentLy fltted, nealrre, nnd made wntec-Lfillht, Operating snnhen nre to be properly wenther-stripped to Ininlmize cuLrAnce of air nnrl molsture. Double pnnn shall, be Al.lenco, Jordan or equlvrlleuL brand. Rouble pane (thermal innuLnted) windows sholild always ljo lnntntled un.lena otherwise nperIf.Led. All windown nhouid conform to exinLing dimell1i unlesn otherwine npectfied, AIL should be doublepaned wIt II ncreeua, 3. WTHMW "t;I1Frt151 Wrtod ert'eenn shall. Ile CmiaLructed of 3/4 Lllch mAterial; hender and nldes nllall be mtrtimum of 2 iuchen in width; base shell be ndnimnm of 3 Inchon In wldt.hl and nhnll be properly dowled at joints and screen wire nhnLl be 18/I6 menh nluminum or gnivantzed screen wire. Aluminum screens nhnll be of atnndard design and construction with a minimum cross rnil and frame wfrkh of 1/2 Inch, and thicknens of 3/0 inch, and wired with 18/16 menh corrosion-renistnnt aluminum wire, AJA wtndow screens shall be ruLl screens. 4. RIAIOTTY: Surfaces slhnl.l be properly prepnrerl by removal of all cracked or otherwise nnnnund glazing materinl. Proper holding devices will be installed. New plszlng compoundm nlhn.ll. be of it good grade and applied ncrordlny, to rnnuufacturer'S spectfl.catinna. Type plezlny, compound shall conform wllh usage. 5. WINDOW GIA5S: ALl broken or cracked gLAAS shall be replaced with minimum of D513 g1nan. (Tempered gl,aen must be used if wlLhin 12 Inches of exterior door), G, 11EPIACI' SJ1,LIiI Wooden Fill 19 sltnl.l be of preservative treated Western Poode.rona fine, and nhnil be. made to join nontly with the window Jamb and structure. Caulk yLime and two costa of finish paint. r . 0 404s 6 - ell applied in Prevent the / 7, WFATHERSTRIPPINGt Shall be such s manner ab,to _ _ entrance of air and moisture. 6, STORM WINDOWSI Furnish aluminum double hung storro5indow and screen unit in all openings specified in the Bid Work Write-up. ze unit to either new or existing window AS Specified. Fxposed surfaces of aluminum shall be free of surface blemishes and uniform in color. Furnish aluminum panel storm window and screen where Specified. If no existing fixed units shall be installed with suitable fastening system w present, roof seal, but still provide removal fasteners allow a tight f experienced mechanics only. Windows ahall be be of unit. Ere ction shall be b by y P provided with all necessary hardware for inetalletiorTUePro Peterlane shall firmly caulked, grouted. nd shall in at likednewttcondition (Allenco, Jordan secured. Leave frame and opening g i or equivalent brand). Vill, ~FXTER~ IOR TRIM r' 1, ALL EXTRRIOR TRIM: (Corner boards, bird boards, fascia boards and other manner. Re_v ace mouldings) shall. be of grade and not Available. all trim if exists trim style - re 2. KASONRY~ All masonry work shril be applied in a workmanlike manner. Where ick i e grade brck in installed, there shall be a continuous reinforced c1) beam with proper footings, Ail joints shall be properly solid clay or a. clean condition. Building face brick shall be of pas-Ftioredoled and left in shale units. Structural clay tile, concrete masonry units and stone shall. be. of an approved type. Ix. FINISH FLO0_ properly new flooring of the sall be 1, WOOUENt All damaged portions litaurfacee removed shall be and type and material applied. 1069 varnish, Bruce Flooring and I sealed and varnished with two coats of 8 I finishing products or equivalent. All dammed subf_ _e tri awe rala' with materials Similar to existing. Floors shall be trimmed flush at any change in elevation in excess of 1/8 inch. Floor joists should conform to attached span tables - page 17 ring - floor cove 2. TILE I minimum J All vinyl-asbestos or shalllbedproperlymprepared either by shall be be minimum .080 gauge. ro erly, Sanding and removing nA all foreign materiel from surfaces, filling p P and cleaned; or by installing an underlayment in a neat and workmanlike manner according to manufacturer's recommendations. Floor covering shall be a first-line Inlaid linoleum or a first-line vinyl asbestos tile. Covering shall be instal in a workmane manufacturer. Removembasertrim sndthreplacecafterrilacin recommended by n uarter round base trim if no trim exists, floor eying. Install q 4. CARPFTI Prepare floor area by correcting auepepet. of Lay carpet and irregularities- 4. the area thoroughly prior to laying cart. hsllwbe l to wall. in conformance with manufacturers directions, Carpeting i , i 04049 9- is -9z~ site I:ched tight, free from puckers, AcnItIips, And r"'ll,IS Carpeting shall he cut evenly Find fitted clone, Lo wnlln and All. other pro,jectiortn, It "hell he cut to HL clonely and avenly into trIn ntripa and to and through /OD X- thresholdA where cnr'pet johis CogeLher In doorways. FLl.Ler atrtpa in carpettng shall, not be Inns Lhan .12 Ine.hen wide And 36 inches long. All carpet "hall he lined up no thsL ell lines (weaving) of carpet match As woven. (loth in wirith and Length. Re-fit OIL doors an necessary so that they rient' carpeting completely when opening And cloning. Remove all loose lhrend.n and clenn Any spots with spot remover, finnL vacuum. Allow only a minimum number of semmn; no 1' or hend nenmA will. be allowed. Make seams parnlLel Find perpendiruinr to walls. Do not mnke nesrns perpendicular to doors. Mnke cntn under doorn At the mid-point of the door thickness when the door in tit the closed po.31tlon. 'ny all carpet with the tufting or nap to one direction. InAlnLlnl.lnn on 51Airn1 Plncr. nenrnn At llie bolLom of riners. Use carpeting Hint in [till, w1dLh of Llie. wirlrnt pnrl: of LLB nlrlieway, wrnp r'Arpet slid pad nroinid baLuAtraden; fnntnn to thr. trend sad rlncr fnce. Psnton carpet And pnd At the Lop And hot Loin of ench riser. X. WALLS (INTERIOR) 1. ORYWAT.1, PRoncr5: AI.1 dryv+nll producLa olinl.l he n minimum thickness of 3/8 inch where frnminy, Is not grenter than 10 Inchon Oc. Where framing is 24 inches OC, drywall prorltwLn shall be no less Lhnn 1/2 Inch in thickness. Alt drywall, products are to he Jnntnlled in n workmnnllke manner. Where rnpnlrn Are bring made, rlrywnit producLa ahAll. be of the same thickness an extneing malr.rlat. All drywall productn shnll he taped, bedded, floated, nanded nod textured In n workmanilke manner, And dried properly (minimum of 24 bourn drying period betweel+ oACh COAL nlinL1 be nllowed), 2. WA[FlSCO'1': where mASOnltr_ or temper tile le used, it shall be installed with mn,tst trim Find nented properly to prevent entrance of moisture. Where cArnmte the is used, 1.1 shntl be inntnlled with nn Adhesive recommended by the mnsufneLurer, or innl:nlleri on metal, 18th And mnsonry mortar, and grouted properly to mnke moisture proof. All wainscot nlrnlL be. Installed A minimum of 4 feet high (off floor) In All bathrooma, And allntl be n minimum of 70 inches above the drnin Inlet Around showers, slid bnthLUbn, 3, CI11ANG INS'1'ALLA'1'LON1 Innt.mll wnllbonrda with lortg (Itmensions At right AnPien to the supporCJny, members, ends ds renL oil nultiortir+g members. Stippled ~E ceill.np, - remove All loose and chipped pnint and send aurfnces of semt-glosa or paint nutfncerl. Apply joint compound and t:Ape if ueceASnry to any nub-surface crorkn or hall. pol,n And allow to dry overnight. Apply a 3/16 inch minl.mum to 016 Inch mnximnm skim coat of rendy mix joint compound An evenly an possible over prr.l,nverl surface, Immediately push soft brtth Into compound And pull out pcrpendtcul.Ar from Aurface, Any design must be Approved by owner, Joint compound should not: exceed .1. 1/2 gallons per 100 selunre feet of Aurfnce, Joint placement should conform wLLh attached span tAbles - page 15. ~ i 0404n - 8 " I l I iI 4. CEILING FINISHES-. Drop ceilings shall be 1/2 inch Gypsum, A cove molding 9~/✓~"~~ (3/4 inch or 1 1/2 inches) shall be provided where cehing wor/D/ paneled walls. Finish shall be heavy texture or as specified by Owner. Install 1 inch by 3 inches furring stripe 12 inches square ceiling tile, by (Acoustical) Tile ehnil be interlocking, pattern Owner. Provide manufacturers molding to the perimeter. Suspended ceilings shall have exposed "'i"' Bar or un-exposed "T" Bar, as specified, to be installed per manufacturers directions. XI. M ILL WORK AND 1. RAT Plywooda shall belofhADlgradefor a select grade equivalent, of white pine orLequivalent. SPECIES): 2. WORMANSffiPt All measurements And dimensions shall be verified at the job and the General Contrnetor shall be responsible for any work that does not fit properly. Rough carpentry shall be self fitted and nall.ed and drawn up be machinerka, exposed os~urfnces, of machine tight, Finish abrasions, raisedrgrain, etc., finished sanded and hand dressed to a smooth finish. Joints shall be tight and so formed as to conceal shrinkage. Mill assemblies shall be joined with concealed nails and screws where practical, or with mortise sad tenons with glued blocks where practical. All molded members and trim shall be mitered or coped At corners. Nails in exposed work shall be set. Running flat finish shall have kerfed or worked hollow backs and shall be ou commercial lengths. 'Prim around doors and openings shall be full length anaccurated it be done only at corners. Scribing,, mitering„ and and neatly. X111 PAINTING* 1. MATERIALSt Paint shall be well ground, shall not settle badly, cake, or thicken in the container, shall be readily broken up with a paddle to a smooth consistency and have easy brushing properties. Paint shall be ready mixed except that tinting, And thinning may be done at the yob. All paint materials shall be delivered in original unopened containers, with labels and tags intact. All materials shall be of the highest quality and be used for the purpose for which it was manufactured. USE OF A LEAD BASE PAINT SHALL BE PROHIBITED. All raw wood should thiarime anbidante to match for the existing ns closely as possible. installation of the new material. - 2. GFI41-'RAi, REQUI.REMENTSt Maintain temperature of rooms where varnish of enamel is being applied at 700F, or more, and at 50oF or more during other interior painting. Exterior painting shall be performed when the air temperature in 50OF or higher and in dry weather. Field painting will not be required on items specified to be completely lfinished At factory or on aluminum, copper, brass, and bronze, or on glazing compound windows. Back prime wood trim with one coat of linseed oil paint. Allow paint to dry hard between coats (2 to 5 days). Protect allfrowork £from damage by the use of drop cloths. Remove paint stains completely work. Covering shall be complete. When color, stain, dirt, or undercoats show through the final coat of paint the work shall be covered by Additional 0404a 9 - yz conl:n unlit. the pn(nt in of uniform color and apponrnn.eonrl-rind is romplete_, Where two cnntn or more of pn(nt Are npeuifted, the coat Applied prior to the finish coat shell. he npplled noticeably lighter in shade than Hie flnnt roat, Ilardwnre nod nccesnorlea, fixt:uren, and Rtmilnr items pinced prior to pAhit Ing .vllnII be removed or protected during painting and replnced nn completion of pnlnl:ing, Sand interior eunme.l surfaces lightly botweern coats. In the selection of paints, n vensonabLe choice of colors nhaIL be offered to the homeowner, .3. PREPARATION OF SURFACB: Perform preparation and cLennlop procedures in accordance with pnlut mnnufrrcturer'n instructions and as herein specified, for ench pnrticulnr subat.rnte condition, Remove Irnr.dware, hnrcdwnre ncccnnorles, machined nurfncen, plntes, lighting f.ixturo_s, and similar ltmmn in pLace anti tint to bn finish-pnlnted, or provide aurfnco-Applied protection prior to nurface pre.parntfon and painting opernttonn, lirtmove, If nece_ninry, for complete pn(rrl.ing of items and II n(IIncent nnrfnCen, Following completion of painting of ench space or area, reinstall removed iternn, i Clean artrfaCen to be piloted before npplying paint or nurface treatments, Remove ot.l. And grenne prior to merhnnLcnl cleaning, Program cleaning and pnint.ing no that contaminants from cleaning procenn will ttot fall onto wet, newly-pnlnted nurfaces, All. r,urfacen rerluirlnv finishing shell be thoroughly cleaned and dry prior to palming, f Exterlor Sarfnce Prepnrntinns Remove existing loose, scaling, peeling or crnckinp, paint; se"rnpe, sand or wire brush surfacen to amool:h condition to receive finish, fenther edgea Into sound adjoining surfaces slid dust clean. j Such treated nurfncen to receive two cones of paint, Protect gladn, screen and ftntahed nurfncen ndlnrent to painted nurfncen, Remove paint misapplied to nrn -painted so rfncen, Perform the foLlowinp, preparntion operations for various Interior aubstrntes as Indicated: Wood: She] Inc knot hoten, pitch pockets and asppy pnrtiona, or seal with III senior, Remove projertIng naIIa, screws, or hook 9. Fill nail holds, cracks and defects nfter first coat, with putty matching color of stain or paint. SteeL And Iront Remove grenne, oil, dirt and dust. Touch-op chipped and nbrnded primer on iLemra Clint have been shop primed, using snme type of primer, PI.Aater, Concrete, Minoaryt riterk for high moisture and alkali content. If high a.lknli is prenent, dry out the surfaces, prime new materials. Gypsum Wallboerdt Glenn nail ennl exlnting surfaces, Apply one coat of f texture, neal.er and primer to new material. Painted and Stained Surfaceai Remove loose paint, dirt, fungus and other foreign mAterlAla from the surface. Smooth surfaces with steel wool or I saudpsper, i i 0404s - 10 - , r~C Wallpaper: Remove all paper to firm subsurface. Patch'.h'dies -im subsurface, and apply seal coat. Interior Surface Preparation: Remove existing loose cracking, scaling, peeling and/or blistered paint; scrape sand or wire brush surfaces to smooth condition to receive finish, feather edges into sound adjoining surfaces, and dust clean, perform the following preparation operations for various interior substrates as indicated. Woody Remove projecting nails, hooks or screws. Shellac knot holes, pitch pockets and sappy portions, or seal with knot sealer. Fill nail holes, cracks and defects after first coat, with putty matching color of stain or paint. Prime new materials; spot prime existing materials. Steel and Iron: Remove ,crease, oil, dirt and dust. Touch-up chipped and abraded primer on items that have been shop primed, using some type of primer. Plaster, Concrete, Manonry: If high alkali is present, neutralize to suitable leveln. If high moisture is present, dry out the surfaces. Painted, Wallpapered and Stained Surfaces: Remove loose paint or wallpaper, dirt, fungus or other foreign materials from the outface. Smooth surfaces with steel wool or sandpaper.. 't All raw wood should be primed and painted to match existing as closely as possible. include this in the bid for the installation of new materials. 4. EXTERIOR PAINTING: Exterior woodwork shall be painted to cover as followa: First coat n}inl.l'be exterior primer, and additional coats shall be oil base or exterior latex paint. Pittsburgh Weather Fresh 33-110 paint. or equivalent. 5, MASONRY PAINTING: (All exterior concrete masonry except face brick): Ail exterior masonry surfaces shall receive a minimum of overcoat of primer and filler so manufactured by a masonry paint company, and a minimum of coat of acrylic, avid shall be applied in strict accordance with the manufacturer's recommendations. 6. 1NTERIOR PAINTING: Kitchen, wood doors, wood trim, and other finish woodwork shall be painted to cover with (primer on new work) oil based enamel (gloss selected by owner). Walls, ceilings and all drywall products shall be painted to cover with latex enamel paint. (Color selected by owner). All paint containers shall bear a label containing the product name and the manufacturer, together with an Underwriters Laboratories, Inc. label, which indicates the required surface covering and resulting flame spread characteristics for various applications (Pittsburgh Wall Fresh 68-6 paint or equivalent). i 7. CAULKING: Completely seal, with caulking compound, joints around frames of doors, windows and other openings in exterior masonry wallet joints where masonry abuts other exterior surface finishes and other joints indicated or specified to be caulked. Caulking compound shall be Grade 11 or equivalent, and be delivered to the job in the manufacturer's unopened containerg, 0404a 11 l r 1 or//.. -tin 8. APPhICATION, Work sin 11 be done'by skI_ll.ed mechnnicslali'd,eha~A ~e akif er~(~I /d in appearnnce, of npprovect color nmooth and free from rune, g , P , and defective brushing. Make edgen of paint ad joining other moldings or i colors, alinrp and clpnn without overtopping. Should workmanship of finial' be found defective, proper prepnrntory work shnll be clone rind additional coats npplied as necessary Lo give n finish in accordrince. with speci.ficatlons. At comptetlon, touch up and rent.ore finish where damaged or defaced and leave in first clann ren,l!t.ion. Painted or finished aurfaces cut in fitting or erection shall be restored. X111. FINISH HARDWARE 14 FINISH HARLWARFA All exterior pdoor locks shall bekltbrandly Installed with key-in--knob and dendbolt, . these locks shall an one new lock IN J-nntntlerl in Clip exterior or bulldiny, he keyed nilke. Atl exLcrlor door bot.tn nhnil, he mithlmum of 3 1/2 inches x 3 1/2 incites in size wil.lt minlmum of 3 butlLn to each door. ALI new Interior pnsnnge .locks shall be of We.lser, Schlag., Westlock brnnd and shall nearly an possible the etinting locks. AJA interior door butte shall be minimum of. 3 inches x 3 Inches in size with a mIn.imum of 2 butts to each door. ALL cabinet hnrdwnre shn11 be polA nhed finished material and properly fitted an required for the porLlcular use. XIV. IIISCELhANEOUS 1. COUNTER TOP3s Tops mnterlnl nltnll be securely bonded to reinforced steel core or to 3/4 inch plywoori or, other equlvnlent material. Top material shall be phenolJ.c IaltnnLe, vinyl plantic covering, linoleum, ceramic tiler stainless steel, or their equivalent material suitnbte for its intended use. At least a 3 inches hnckaplash shall be provided whenfAbutti g walla, A11 edges shell be. of swine material As cabinet top. Wherormicap ail rinks shall be linoleum, or plnntic mntertnls are used for cabinet top, standard inntalled with Nudee rim. AL1 sinks shall be stainless steely grade. 2, ATTIC VENTS: Attic vents and louvers nhall. be constructed of either heavy gauged galvanized iron or wood. 111ey shall be of adequate size for proper ventilation of the structure. 3. tMEC l ellroof+,Lan dtlshall bet coveredewlithJ au rain-pr,oofoof glalvanizedemetalthrough (minimum lb gauge). 4. VENT-A-1100U51 See work write up for ntimbers and makes, 5. BUILT-INSt (oven and cooking top - gas or electric) See work write-up for model, make and nine. { - 12 - 0404s 19M I Ty 7 6. ATTIC INSULATION: Attic insulation shall be a minimum of 6 in' zock wools fiberglass cellulose blown insulation, and even~y,,blown (fromy exterior plate to exterior plate) over the entire attic of h'Abltable rooMsi Should have a R value of 19. /'~r S-•/~~ i. 7. CLEAN UP: Wash all windows, leave all floors, porches, and walks in "broom" clean condition. Remove all debris from the premises. 8. SITE DRAINAGEI Where required by it change in the exterior building lines or to correct an existing condition where surface water rune toward or stands 1 against the walls or foundation, the ground eurface shall be graded In~.uch a manner as to effect adequate drainage away from the structure and/or structures. XV. PLUMBING* I"r 1. BATHROOM ACCESSORIES: Each complete bathroom shall be provided with at t .:east: Grab bar 2500 pull and soap dish at bathtub, toilet paper holder at water closet. Soap -Jiah at lavatory (maybe integral with lavatory), towel bar, mirror and a medicine cabinet or equivalent enclosed shelf space. In all cases where shower head is installed, provide a shower rod or shower door. Tub kit should be two piece fiberglass unit with overlapping edges (medium grade). ;2. HFATING: For all wall furnaces, floor furnaces and forced air furnaces, BTU output should be adequate to heat area. This should be based on the square feet of the area the unit is intended to heat. 3. PLUMBING LINES:: All plumbing stacks shall be concealed in wall and extended through roof, with roof flashing. ! I 4. SEPTIC TANK: Removal shall be done in such a manner as to cause a minimum i amount of d"isge to the surrounding structures and landscaping. Fill shall be of such consistency as to prevent subsequent settlings of the fill, Fill with sand. I) All plumbing components, installations, modifications shall meet the codes ij and ordinances of the City of Denton, Texas. All work must be done by j properly licensed individuals. XVI. ELECTRICAL* 1. ELECTRICAL LINESS All electrical lines shall be concealed or encased In all approved conduit. (.i * All electrical components, Installation, modifications shall mast the codes and ordinances of the City of Denton, Texas. All work must be done by properly licensed individuals. 0404a _ 13 _ i! f 1 1 Fqwp~~ ' \I ANDARDS XV1I~!_F.NFRUY (!Y )N5ERVAC~QH 3 - uirenents can be These ateudarda provide the mandatory levels In tote rehabilitation of not All of reaidentinl structures. It is reeexis.dtlng building conrii#tioneqand funds ~ followed in ail situntlons due to #1e Pliml.nated to the available. Any one or more of ti+eae rrquire~~o'iomicafeasibiLity, program need extent they are. ant: practical, ronsidering e e-up for specifications, and typo of construction involved. See work writ 4 1. boors must be weatherstrlpped and windows must be re puttied or, caulked, 2. All openings, cracks or Joints In the bul.lding envelope moat be caulked or sealed. insulation 3, lleating, ventilation and air conditioning systems must have pipe to a value of R-2.* 4, lleating, ventilation and air conditioning systems must have duct insulation to a value of n-4." t be of a high 5, Heating, Ventilation and air conditioning Systems mus efficiency dealpn and most be no greater then 15% oversize. 6, Ceiling insulation most be to a value of R-19." rt 7. Hall insulation roust be to a value of R-11.* + + Applies only when consttuction elements become exposed or whea new materials are installed. andarde of workmansbtp For aee+ atlone and st R addi t.lonal, speCl fiC appropriate local code (pnge lfl) ! Ills t l . -14-• 0404a i f ft('11V )4 G E I L I N G J 0 I S T S gz' L U M® E R MAXIISUM ALLOWABLL SPAN* GRADE A SPECIES SP 1NG 22X6 2XB 2x10 2X 121 12" 1p"11" 26'2" 33'5" 40'8" 36,100 # 2 - QF 16" 18,10 23' 10" 30'5" 24" 35'7" 20'7" 26'3" 31'11" DODULAs FIR 12" 16'10" 2212" 28'4" 34'8" #3-[)F l8" 14'7 1913" 2417" 29'11" 24"11'11" 1509" 2011" 24'5" 12" -19!`6" 25't1" 32'9" 39' 10" 42 ^ Y P 16" 17' 8" 23'4" 29, 3" 38' 2" 24" 15'4" 20'3" 259" 31'4" Y1=LLOV P1 NE 12" _ 16'4" 21'6" 2716" 3316" # - Y P 16" 14#2" 1816" 23,11" 29' 0" 24" W7" 1573 1916" 23'8" l 12" 18'2" 24'0" 30'7" 37'2_" 42-SPF 16" 1s' 10" 20' 10" 2&'6" y32'5" 24" 12'11" 1711" _ 21'9"" 2618" SPRUCE-PI NE-FI R X12" 13'10" 1t3'3" 23'4" 28'5" 43^SPF is"Y 12'0" is'lo^~ 20'3" 24'7" 24" 9'10" 17'11" l620'1" i r A TIVE SPANS ARE INTERPOLATED BY USE OF THE FOLLOWING TABLES OF THE 1919 ~ LDITI0t4 OF .THE UWF01,14 BUILDING CODE; Z TAIL! NO, 2'FA•1-ALLOWAlLI UNIT STAISSIS-STRUCTUINIAL LUMINA Allowable URN slnsNs 1a SINClJnl LYmbW-.VISUAL GRADING (NormN Imam q. See also SwIlon 25041 J YAKS N0,*144-ALL06ARSVAN? *CWHO)O S-10 LKi Aft Ft.LIWLOAO W 0; 1 No ca" O~tgN CRTTIlWL: bwmgo" - /M 15 1K W as ft I" boo. LYMM4 W so" 1" I^Nae OPW60 by 245.1w" LM Mrs d l1 e» I« a4 IL Wa 1ae1 lee4 M 1 r14 pr ft Ie1K *11 rMA f "J"M thly4, U, A F T E R S n,,s,owNU Erw• 0 2x12 2x8 LUMBER 2x6 2x1 A t t :SPECI S yMC114C 27'6" 33,!!' 12" 16'S" z4'o' 29' 1" + Id 4 #2-OF 16" 15'4" 1917+ 23'90 ~r1+ 24m 2!'2" 2'3'9 ~.L Ar+~S -F I Ft r" 12" 12' 7" lti' 7" 161 4. 22' 4" #3-0F 1611 1i;9+ " 14,11" 16'2+ Meadow 24" E 27,2" 33,1" . 12" 1612N 214+ 2317" 26'7" p " 18' S" 23'4" #2-Yf 16+ 1'0 1+ 19'3" •.M1+- 24" 115" r~ ~1 'X117• is'yN YSLL0W P1 NE 1201 12'3+ 16'1" Z ,a« 17'10" 131 1a« Sp'1" ~.11. 1414« 17,d° #3-YP + 11 e3 d r-- 240 r 23,0« 27'11' 12" 136 1s,A+ - 19,11" 24'2« 110+ 15 7 1919" $12-SP 16+ 121y""° S6'3" » W---MW 24" 9118 Sp RUCE- P 1 N E-f' I R " 131711 _ 1115" l 2" 10 4 " 1- 18'4w l13-SPP 16' d' ll" l I' 1213+ 141110 _ _g 1 7 ;1 24" 4" If1TLRl01LATLD 1t U5L Of THE TOLLOW1W, T"LES Of * T11LSt f104 U411T0m 6U1LD1l4C COW Latzto,=~ ~ cy- uNfT grMg$*n-~~PA"U EtA W T /,EL EE NAINMbw tA 4 A 1~r% - 00 M~ 60~ } LL 01V~a f iM 1f fIJLEMO!►f#S►-KIpWAsU yuvtW to11 u+s mmL ~ R < ~1 lK n~ ~0 . wt 4n IL 4w+ flL os*w 00 dow W4 on EtlIMM RfiMk 111r~ . i as r r W*W omw M (M, fAf1Y r~ r We 00040^4 01 wow 0 led lm~ WOW . F L 0 0 R J 0 1 S T S ';,k ~f/ 117 `tAXI2" ALLOWAStiLt SPAN- /3r9~ L, U M Q E-R apis (;RAGE SPEC1ES s^ 1NC xx8 2x 10 12 d 4 , 12" 1'5" #2-OF !6" 11" 16'9" 20'4" 24" '3" 1441715" DOUGLAS FIR 12" '2" ls7" 19'11" #3-DF 19" '7" 13'6" 16'4" 2411 7" 10111" 13'5" :4' 101911 14121, 1810" 21' 11 #2-YP 91911 12' 10" 16'5" 19' 11g'4" 14'0" YELLOW PI NE nowamowmwmmww 8111" 10" Is'1" 8#3-YP 7'9" 1614" 914 1017" 1310" I ll 12" 10'0" 13'2" 16'10" 2016" 42-SPF 1611 616" 11',11 1417" 1719" 2411 710" 914" 11'11" 14'6" i SPRUCE-PIN E-FI R 10 4 Q" 12' 10" 15' 711 13'5" #3 - SI~~.r1 12" F 1V" 6'' 6" 61811 111014 'J 91011 1111'0" 24" 51411 71 111 T11ESE SPATES ARE INTERPOLATED BY USE Of TIM FOLLOWW. TABLES 0:' ?NE 1919 tDtTI0i1 OP' M tWForM BUILDING CODE: 1 TAILIN0.211•A-1-ALLOWAILIUNIT STIIISSES-STRUCTURAL LUMIEEN Allewabla Unit StraasH 1w Sin aturN Lu~-VISUAL GRADING I1,1041na1 IooOine. 3a4? oils S441W 21104 LL TAILS NO. W-J•11 -AtLOWAM IRANI 1'011 MLOOR JOISTS 40 LIPS, PtA SO. IT. LrVI L~OMAD M ~ IN I~m"frak.%*No.•IM44ImwnRIM4KUMW tiNwUUM/MAMIkPM*"o 4 A. ON 1w Inl 41 11 $d M K IL We 611 04 11"m ON *ON ~y y v I 1 'a'ir crc X1X._ ttlSCFd.I.ANK~US 1?+~ 7._._..// Y iNF%}RSSA'L'U}N CONCERNING (;jfy CUN9'1'KUC'TLON COC)h% NU tIUL'Ti-FAIII i the Clty of 1, COtIlUiRCIAh A I1fPn Adopted foe tine In 'S'he eonatructton nodes whl,clt (rave Denton Aret in l,oc}e with AmettdmerrCs with AmendmPnte a i9fi5 niform 110111 Y, iti A l mendments UUniform tiecltnnical. COW-, b, 1973 Code dmenta c, 1.9114 tlndottsl plumlrlugcCOde with Amen OEEic e, d, 1919 Uniform Inapecdon in the Copies of these codes mny Its renc[ Uu1ldLny, permits are required on the [ol.iowln6% SwLmmiut; 4'001 New or KemodeLLnF pence lSst ddisrl, Sign ht-o [-Way ) wnik (if in Klg I P, Flrc r I glde S Electrcal acrd C0olinY, Sn Prinkier IlentLnK Ventilating aw Urivewny Approach rn(}uest thoae ~ ecdor,s and phone uu+nbers to FollowSng n%''' recttilred innp Lnsper. t ions: p1,Ut1111tIC 1'sS,h:C'1K1C -60-:D64 BUILI)IN(; 5f~6-8361 ` kough-ln 56Er 861 Partial Rough l ; Rough Serv ice yd Line in Wnter Appron ~ Ln FuundF% C. Loll Slnh VSOUgh 'Sewer Framing Servicr. hate Gas Yd Ling ral. Stack (hit p C Duct: Undergrortttd Test; Firep.lnce 'hemp power Gas pressure "fPe A C Final. }ANAL E1,1'sG'[ LG PI.Uttll & GAS F1NAS, } row, ItIILLIIS.iIG Vacuum Breaker Sign Itoof llrsin llobile Itome , Pence ~ parking, 1,001 Grolnuliltg getback P0o1 FLnnL Siiyn Re-COnner.t Pool maw; WORK. tSesl,mm[rtY, 1'11V;~_1KAC O 'TYPE C'T10N 1'kll',SE 'PE~'i'lOt PIIUNF' jS VLha U~ l;5ibis u lNSYE pi,P;A9USE '1'1111 ~lIIIA~Thltt191p1O7LUW~ AllOVI, UNUCK '11111 attic attAll Kl.l~lflKl;ll, 'f0 KhIIUES'l' ortton within the aired the p When Ares osparation wales are required ected before ceiling I. installed. uicad be completed slid insp termitee or to ococbtupainied, r A eq completed the responsibilitY of the Individual t ro ecta, as It is budding or use is commercisL p , structure inspections before n issued nn {ode, before any OF OGCUPI must be Building CF.K'l'IF L{;A'fE the 'l.oning ordinance and required by Public use, is reiensed for p i I prr04s I Standards of Workmanship Page 21 PLEASE USE THE PHONE NUMBER INDICATED ABOVE, UNDER THE TYPE INSPECTION REQUIRED, TO REQUEST THAT INSPECTION. When area separation walls are required the portion within the attic shall be completed and inspected before ceiling is installed, it is the responsibility of tho individual permitee to obtain required inspections before a 01ding or use is completed or occupied. A CERTIFICATE. OF OCC`PANCY must be issued on commercial projects, as required by the Zoning Ordinance and Building Code, before any structure Is released for public use. 2. SAFETY STANDARDS1 Every sleeping room below the fourth (4th) story shall have at least one (1) operable window or exterior door approved for emergency egress or rescue, The unite shall be operable from the inside to provide a full clear opening without the use of separate tools, A11 egress or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net clear opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 inches above the floor. Every dwelling and guest room in lodging houses and every dwelling unit within an apartment house shall be provided with smoke detectors approved by Underwriters Laboratories or Factory Mutual, In dwelling unite, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used fur sleeping purposes. Where sleeping rooms are located on an upper level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within 1.2 inches of the ceiling. When actuated, the detector shall provide an alarm in the dwelling unit or guest room, Every attic or furred space in which a warm-air furnace is installed shall be readily accessible by an opening and passageway as large as the largest piece of the furnace and in no case less than 30 inches by 22 inches continuous from the opening to the furnace and its controls. The opening to the passageway shall be located not more than 20 feet from the furnace measured along the center line of such passageway, Every passageway shall be unobstructed and shall have solid continuous flooring not less than 24 inches wide from the entrance opening to the furnace, 0825a v 1 Standards of Workmanship Page 22)/..... 9_46 pz A kitchen type exhaust hood which requires a vent shall be vented //f through the roof and not into the attic space, Exhaust fans vented to the outside or into ventilated attic space are required in all bathrooms unless an openable window is provided in the bathroom, ; Gas-fired water heaters may not be located in a bedroom or bathroom or in a closet opening into a bathroom or bedroom. Gnu-fired water heaters located in least 18 inches above the garages must be elevated at in the garage floor and should not be located pathway of an automobile. The number and location of receptacle outlets shall be as required by the 1981 National Electrical Code, 0825a ~I t ~ 2. SAFETY S'rANUAkuS: Every sleeping room below the fourth (4th) story shall have at least one (1) operable window or exterior door approved for emergency egress or rescue. The units shall be operable from the inside to provide a full clear opening without the use of separate tools. All egress or rescue windows from sleeping rooms shall have a minimum net clear opening of 5.7 square feet. The minimum net ciesr opening height dimension shall be 24 inches. The minimum net clear opening width dimension shall be 20 inches. Where windows are provided as a means of egress or rescue they shall have a finished sill height not more than 44 Inches above the floor. Every dwelling and g guest room in lodging houses and every dwelling unit within an apartment house shall be provided with smoke detectors approved by Underwriters Laboratories or Factory Mutual, in dwelling units, detectors shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes, Where sleeping rooms are located on an uE.per level, the detector shall be placed at the center of the ceiling directly above the stairway. All detectors shall be located within 12 inches of the ceiling. When actuated, the detector shall provide an alarm iu the dwelling unit or guest room. i Every attic or furred space in which a warm-air furnace is installed shall be readily accesnible by an opening and passageway as large as the largest piece of the furnace. and in no case leas than 30 inches by 22 inches continuous from the opening to the furnace and its controls. The opening to the passageway shall be located not more than 20 feet from the furnace measured along the center line of such passageway, Every passageway shall be unobstructed and shall have solid continuous flooring not less than 24 Inches wide from the entrance opening to the furnace. + A kitchen type exhaust hood which requires a vent shall be vented through the roof and not into the attic space. Exhaust fans vented to the outside or into ventilated attic space are required in all bathrooms unless an openable window is provided in the bathroom, Gas-fired water heaters may not be located in a bedroom or bathroom or in a closet opening into a bathroom or bedroom. Gas-fired water heaters located lit garages must be elevated at least 18 inches above the garage floor and should not be located in the pathway of an automobile. i The number and location of receptacle outlets shall be as required by the 1981 National Electrical code. f~ 04049 - 19 - I :a q 1 0.17 F,LFCTRICAL 00P The electrical inspector shall be a competent eWMelan well versed In the provinfona of thin chapter, the National T,lertrical Code and generally accepted trade practices, (Ord. i No. 7239, Pt, I, 8.22.72) } Sec. 9.18. Powera and duties generally; Interference with. (n) It shall be the duty of lho electrical Inspector to enforce the provisions of thin chapter and to keep a record of all electrical wiring and sppsratus inspected by 'him, (b) The electrical Inspector shall be given free and prompt access to any place of public accommodation for the inspection of any electrical wiring or apparatus within the city, and It shall be. unlawful for nny person to Interfere with or hinder the electrical inapector while he Is acting In the line of duty. (c) It shall be the duty of the electrical Inspector to become a mernber of the International Blectrical Inspectors Associa- tion and to be an active member thereof. The electrical Inepec• I tot's annual fees to the association shall be paid by the city, (Ord, No, 72-89, Pt, I, 8.22-72) Seca. 9-19L--9-28. Reserved. ARTICLE III, MASTER AND JOURNEYMAN ELECTRICIAN Sec. 9.29. Llcenne-Itequlred, it shall be unlawful for any person to Install electric wiring or npparntus or to make any repairs, alteratlons, nddillons or changes to electric wiring or apparatus used In connection with electric Ilghting, heating or pager, unless such person nhall hnve previously obtained a master or joorneyninti electriclnn's licenwe from the chief building offlcinl of the city, or unless Ruch person is a bona fide rrnployee working under the direct supervfsion of a licensed electrlcin n, A Iempornrv work permit. mny be inaued for a )ourneymnn eiect,ricinn which will be valid only until the next Denton sunp,No,it 388 "7pw 11 17-IB PLUBMING CODE tear, alter, mutilate, cover or otherwise deface or'inj&i any---- such official notice or seat. (Ord. No, 81.20, Pt. I, 2- 4.81) ARTICLE It, PERMITS AND FEES See, 17.17. Permit required, (a) It shall be unlawful for any person, firm or corpnratlon to install, remove, alter, repair or replare any plumbing, gas or drainage piping work, or any fixture or water heating or treating equipment in a building or premises, swimming pool, lawn sprinkling system, or installation where cross connection might occur, without first obtaining a permit to do such work. (b) A separate permit shall be obtained for each building or structure. I (c) No person shall allow any other person to do or cause to be done any work under a permit secured by a permittee except persons in his employ. (Ord, No, 81.20, Pt. I, '1.24-81) Sec, 17-18, Work not requiring a permit. No plumbing permit is required to do the work specified in the following subparagraphs: (a) The maintenance, repair or replacement In kind of; (1) Yard hydrants and house spigots; i' (2) Gravity flush valves and float-balls In water closet tanks; I (3) Accensible traps on lavatories or sinks; (4) Replacing of plumbing fixtures where no change in "roughing-in" is involved, except that a permit shall be required for the replacement of water heaters and boilers. (b) The removal of plumbing from a building or structure or portion thereof being razed, when the water supply 8upp. No. 33 666 y blsN'I'ON CODE and drainage lines have been disronnected under a permit in an approved manner. (c) Work involved in the manufacture of plumbing i suppliers plumbing fixtures, plumbini: apparatus such As repair, Adjusting, or testing of the eAme In the course of manufacture. (d) Work involved in the setting up for display of plumbing or plumbing fixtures when not connected to auppiy or drainage lines in a plumbing males establishment. (e) The installation of storm water drains for single- fnmlly and two-fArnily dwellings rrrovided, however, t flint such installntionm conform to the requirements of f this chapter, (Ord. No. 81-20, [It. 1, 2.24.81) Sec. 17-19. Persons to whom permits may be Issued, J (A) Any roaster plumber currently licensed by the state board of plumbing exmminers, registered with the city an a conlractor or in the employ of a registered plumbing contractor. (b) A homeowner to make repairs oP modificationa to a single-family dwelling owned and occupled by him me his home And when all materials are purchased by him and all labor performed by him or by a person not employed as a ; . plumber for the generat public. (c) Any Appliance dealer or employee of An Appliance dealer who is Arting As nn Appliance installation man or to existing to Connecting service nit appliance. 1ping n properly installed In pi IN ~ (d) Any mnintennnce man or mnintenance engineer, for Whic~h incidental rJis ltemployed in who connection does nottengageit In etheoccupation of n plumbing for lire general public, (Ord. No. 81.2.0, fit. 1, 2-24.81) 9upv. Nn. 89 1315 C, 1 1 6.ae~ld;7 NO w APPENDICES I . I i I 4 liii';f';1.1. lil:IlA;SILI'I'A"PIO'r~ 1',1RI~lCP ;~;1J?r'. Ix I 10 S 4 11 a } ` (3 1 R)~ly~~~'~H 11~ ~ 1 1 1 VVVV ~`S NJ q. 1 \ i- r i{E?illtj, Hl;liAlilL]'1'A'1'IUii fARl~f:'f' AREA j All L - F1 a j cv r o J VttIYL R51 T OR 111 IIII _ _ FtS~t~~T ~ ~ I p h~ my y il V, t r , ~ s f 1 { 1 A F - - - - - - - - - - - - - - - TO T= CITY :COUNCIL 'TT - . - T T - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - OF o 00~ o~O C3 G _ _ _ C~ A Q ~O 4 T OO - _ - - -TT oov~~ Q ~ Q 0 ON 1 G - ' - ~I 4 L z~l, O~X CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: September 9, 1992 SUBJECT: PURCHASE OF PROPERTY/CASUALTY, BOILER/MACHINERY, COMMERCIAL CRIME AND VEHICLE COLLISION INSURANCE. Recommendation: That the City Manager be authorized to award an insurance contract to Arkwright Mutual Insurance Company for the subject insurance coverage for a period not to exceed three years renewable on the First of October 1993 and 1994. Summary: Quotes received from the bidding process are outlined on the attached paper. Arkwright Mutual Insurance was not only the lowest bidder but they were also the only company to quote each and every requested coverage. Awarding a contract for "All Risks" including vehicle and mobile equipment damage, to the same carrier plus minor adjustments of deductible amounts resulted in a savings of approximately $102,000 per year. Included in the policy are approximately 200 hours of loss prevention services valued at $17,000 provided at no additional expense by Factory Mutual Engineering. Arkwright Mutual Insurance Company is rated A+X by A.M. Best and has provided superior service to the city of Denton for several years. Respect Ilyy Submitted, Lloyd V. Harrell City Manager AFF0037E 8171566-8200 D/FW METRO 434.2529 ~LL 9 COMPARISON PORN $50,000 Deductible Property, Vehicle, Commercial Crime Insurance Bid insurance Company Property Comm Vehicle Service Total Boiler/Mach Crime Cost Underwriter Total Cost Cost Plan Package Experience - Bid Availability Arkwright mutual insurance Co. $112,566 $1,993 Included Yea Yes Excellent $119,549 Higgenbotham and Associates $189,000 $2,270 $7,000 Y Yee No Vehicle Good $189,270 Mobile EQ Onl Ins. Employers General Insurance No Bid No Bid $32,850 N/A No Good N/A Gallagher - Bassett No Bid Texas Political Subdivision No Bid Marinco No Bid f 1 4~ T I. CD (V lP .1 a AFF0031B ti ~ t y I O ORDINANCE N0, AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT MUTUAL INSURANCE CO ND VEHICLE MPANY FOR PROPERTY/CASUALTY, BOILER/MACHINERY, COMMERCIAL CRIME COLLISION EXPENDITURE OF FUNDST EREFOR;; ANNDEDECLCOVERAGE; AUTHORIZ THE ARING AN EFFECTIVEIDATE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the proposal of Arkwright Mutual Insurance Company for property/casualty, boiler/machinery, commercial crime and vehicle collision insurance coverage for the City of Denton is hereby accepted, tr. ACTION rI That the City Council hereby authorizes the expenditure of furls in the manner and amount as specified in the agreement, not to exceed $114,549. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. SECT ON IV. That the Risk Manager is hereby directed to fur- nish the City Secretary with a copy of the insurance binder evi- dencing such insurance coverage upon receipt. P %SSED 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: U/ ~j - _ ~ ~ - - --•------ram :CITY COUNCIL _ M _T . -XT - - ITT: oo°apoG0000pp ~o Opp { N p,~ ~ L _ a C3 .CID -oa O _:OOa F~ ~pg~(aG - oopoacoGCOOO°_ _ DUDGTADJ.ORU i ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE 1992-92 BUDGET OF THE CITY OF DENTON, TEXAS BY APPROPRIATING THE SUM OF NINETY-TWO THOUSAND NINE HUNDRED FORTY-NINE DOLLARS ($92,949.00) FROM THE UNAPPROPRIATED BALANCE. OF THE GENERAL FUND TO VARIOUS ACCOUNT FUNDS; APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1991-92; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council finds it necessary to make certain unforeseen expenditures within Facilities Management, a Division of the Municipal Services/ Economic Development, and Hotel/Motel tax recipient budgets; and - WHEREAS, the current estimated revenues from leases is estimated to offset the additional expenditures for Facilities Management, a Division of the Municipal Services/Economic Davelopment, and Hotel/Motel tax revenue projections are equal to expenditures; NOW, THEREFORE., THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the 1991-92 Budget of the City of Denton, Texas is hereby amended by appropriating the sum of $92,949 from the unappropriated balance of the General Fund to the following fund accounts: SUPPLEMENTAL APPROPRIATION 100-032-0002-9101 450000 100-041-02OM-8935 3.11726 " y 100-041-02OM-8961 61914 100-041-02OM-8975 71277 100-041-02OM-8976 1,311 100-041-02OM-8977 51718 100-041-02OM-8978 780 { 100-041-02OM-8998 14,223 { FUND BALANCE FUND - SECTION IT. That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to ba published once in the Denton Record-Chronicle In accordance with Section 8,08 of the City Charter. SF TION III. The budget adjustments, as indicated on Exhibit "A", attached hereto and included by reference herein, for the fiscal year 1991-92 are hereby, in all things, approved and ratified. y, h approval shall become effective EECT-1()N_I_V• its Tpa this ordinaricc immediately upon PASSED AND APPROVED this the 15th day of September, 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY f - BY: APPROVED AS TO LEGAL FORM: DEBRA A. QRAX9SlIT5 BY:,-'- _ Jam: Page 2 y 1 EXHIBIT A FISCAL YEAR 1991-92 YEAR END BUDGET ADJUSTMENT GENERAL FUND GENERAL FUND EXPENDITURES CURRENT iNC (DEC) MODIFIED BUDGET ADJUSTMENT BUDGET LEGAL $406,900 $5,000 $411,900 MUNICIPAL JUDGE $110,676 $723 $111,399 GENERAL GOVERNMENT $506,498 ($870) $505,628 COMMUNITY IMPROVEMENT $215,131 ($3,840) $211,291 DRAINAGE $376,256 ($1,013) $375,243 FIRE $5,383,785 $33,730 $5,417,515 POLICE $6,003,744 ($1,344) $6,002,400 ENGINEERING $3,326,996 ($22,979) $3,304,017 MISCELLANEOUS 1,898,798 (9,407) $1,889,391 NET GENERAL FUND ADJUSTMENT $p 1 - - 5 -mm ZZ. CIT COUNCIL; - - TTM M. T 'XT X, T: OO~O~a 0 0 a 6 00 ° pp.~ °°(eg IL V. D p e m o°°°°ooo~ 0 N t 000000 onaaouaoo 'T-TIT-M T: T=a I September ?5, 1992UU'a CITY COUNCIL AGENDA ITEM G TO. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V, Harrell City Manager SUBJECT; AGREEMENT FOR JOINT ELECTRIC COOPERATIVE, USE OF POLES WITH DENTON f:OUNTY E, PROJECT INC., FOR RAY ROBERTS HYDRQE.LECTRIC RECOMMENDATION; The Public Utilities Board, at their meeting r 1992, recommends to the City c ca of August 19, agreement for Joint Use of Poles With Dent n County e of Cooperative, Inc. (DCEC for the in the amount of ) Ray Roberts HydroeiectricMlrotric $42,498-16, P ject BACKGROUND/SUMMARY: I The start-up test for Ray July t 1991. The or y Roberts project was scheduled in order to City needed to build an electric feed in supplier to doide electric power to the turbine/generator feed would be usthe test. In ed to transmitdthethy the proposed electric Denton's grid system hydro power generation to Denton County Electric Cooperative serves customers along state highways of FM428 and FM2153, Access and problem issues dictated that the new electric the would required joint construction and pole att clearance FM428 and FM2153, line routing aclimpnts on To resolve the issues aroemant with DCEC. The the City needs to enter . DCEC for the Lewisville hydro Y has a similar a into an greement with project Within the present electric feed from Ray Field Road, the City designed and constructed, to Hartley expense, approximately eight (8) miles at Its own 13,2KV, electric line of 4 of new single circuit designated on the /0 RAC from Point A to Point owns attached map. The electric line, Point a as utilizes state highway right-of-ways Which the right-of-ways, new wager plant Propert property along Its route. Y and (,orpa of Engineers As part of this project, DCEC redPsi feet of double clr^.uit configuration at constructed 2,266 crossing on Warshum r,)ad and FM428 the CLEAR t In addition, DCEC Cmade i •D September 15, 1992 v0 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJECT: AGREEMENT FOR JOINT USE OF POLES WITH DENTON COUNTY ELECTRIC COOPERATIVE, INC., FOR RAY ROBERTS HYDROELECTRIC PROJECT I RECOMMENDATION: • The Public Utilities Board, at their meeting of August 19, 1992, recommends to the City Council acceptance of the agreement for Joint Use of Poles with Denton County Electric Cooperative, Inc. (DCEC) for Ray Roberts Hydroelectric project in the amount of $420498.16. BACKGROUND/SUMMARY: The start-up test for Ray Roberts project was scheduled in July of 1991. The City needed to build an electric feed in order to provide electric power to the turbine/generator supplier to do the test.. In addition, the proposed electric feed would be used to transmit the hydro power generation to Denton's grid system. Denton County Electric Cooperative serves customers along the state highways of FM428 and FM2153. Access and clearance problem issues dictated that the new electric line routing would required joint construction and pole attachments on FM428 and FM2153. To resolve the issues the City needs to enter into an agreement with DCEC, The City has a similar agreement with DCEC for the Lewisville hydro project. Within the present electric feed from Ray Roberts to Hartley Field Road, the City designed and constructed, at its own expense, approximately eight (8) miles of new single circuit, 13.2KV, electric line of 4/0 AAC from Point A to Point B as designated on the attached map. The electric line, which the City owns, utilizes state highway right-of-ways, county road right-of -ways, new water plant property and Corps of Engineers property along its route. As part of this project, DCEC redesigned and constructed 2,266 r feet of double circuit configuration at the CLEAR CREEL crossing on Warshum road and FM428, In addition, DCEC made ole attachments on FM2153 and FM428. all the p resent Circuit at at a those klocat ons uto pCEC removed its P double circuit circuit and reconstructed of Denton while its existing accommodate the City remained "hot". pCEC for and attachments on the p°wer poles from The total cost of the double circuit wash $42 496 01 `She conversion, removal, construction the hydro site during breakdown Costs are listed as follows: 1, $16,976.85 at Clear Creek 2 $25,521.31 An FM428uandCFM2153 all attachments 0 ' DEPARTMER'TS OR GROUPS AFFECTED; PROGRAMS, roximately 12,000 kwh ro The hydro unit will generate app ro ect cost for the olall engineering, annually. The total p Roberts, including Was Field Road and Ray County CO-OP construth•issn line Hartley and Denton cost for Construction The budge'~~ estimated $204,000. 350,000. construction was $ ectfully submitted, Reap Lloyrrell, City Manager Prepared by; I r / Manager/ Cherri, e~'~ ~ struction Proj oon Approved by: E ecutive D t r R; Nelson, Department of Utilities- Exhibit I. DCEC Staking Sheets II. Map II1, OrdJ.nan%:e of 8/19j92 IV. Min;;tes o£ PUB Mieeting lv~mu!a all the pole attachments on FM2153 and FM428. DCEC removed its present circuit at Clear Creek and Warshum, and reconstructed double circuit at those locations to accommodate the City of. Denton while its existing circuit remained "hot". The total cost of the double circuit as billed by DCEC for conversion, removal, and attachments on the power pales from the hydro sit. during construction was $42,496.16. The breakdown costs are listed as follows: 1. $16,976.85 at Clear Creek 2. $25,521.31 At Warshum Road and all attachments on FM428 and FM2153 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The hydro unit will generate approximately 12,000 kwh annually. The total project cost for the electric feed from Hartley Field Road and Ray Roberts, including all engineering, construction and Denton County Co-op construction was $204,000. The budget estimated cost for this line construction was $350,000. Respectfully submitted, I Lloyd V, Harrell, City Manager Prepared by: cherri, Manage Construction Pro j Approved by: R.E. Nelson, E ecutive D t r. Department of Utilities~- Exhibit I. DCEC Staking Sheets II. Map III. Ordinance IV. Minutes of PUB Meeting of 8%19192 TI DYER"-AD STAKING SHEET AD molk ~/0 7/fS E05•19•DENI09 70 NUMEA 1 Y4ay - SKEET ~~r /A M✓tDDE NANi dip / l ~/1P1I CiLft~4IW~ AP LAID ~ tic aim NO. _ -pf COO 31A31O - ~ sw,oESt, F coot ~D/,N, / lit eta CIIttIED 1D,OlSS.0oO[ cAtli CODE LOCATION, AtIEASEO CoAMt1E0 701 coot 711 toot 1Z \ S INSTALL A A£NOYAI r 20 J4 o 4 C % ff Y C C V T J. FY I- F Y4136,10 i - E' F/ ,Z p Ao -.k 1 C - / 'I I S l N - K-J / ID F3 /0 T r - l M -1 1 d( C C c G I CR•.2 I• _ A fr z .-L2 .JO Vi-3 - - 15j .;t E / ry N r /.2 p P 1 L Y f till rut Ir11i 4011 r11F 1rAtl Ill. if. 1 Ill It. t11Ht111 SI1t 111 111E .y rlli Ir Ail 1111 d11F =I71- gill 1111T rill 60611 A / / 2. E Yotty G p, A _ l E El's M _ -•-t' ~,x`{" 01- 11 C, i 0 , r! ~5 TEXAS EcLECTRK UTILITY CONSTRUCTION, IN('. r n 214-893-0949 4613 Highway 1417 North P.O, Box 2211 t Sherman, Texas 75090 r .f•,f DENTON COUNI''r F..LEC rRT(: COOPERATIVE. [INC- ;i +tit P. 0. BOX 21, 4 'r DENTON. 1'EXA" ,.11 014E '/,1991 WO 0910710 3 JO #4404 6TAKTNG 5HEE1' V 1 1'INIAL BILL 1,16 TOTAL L.AfJOR .J':, y r 'TOTAL. TFITR 1NVO~ICf 31 I 1 G I,:• ~Wi.~WY r l ' AMT A/L~,~.6.fl .r.~ AMT A/C` .L..._ AMT t 1 h;;~, . A/C AMT A/C AMT .'i. PRICE CKD EXT. CKD 'r , PFPT. APPRRECD °t ! DATE PD 0012626 nt: 1. 0 11_ 1 II /r 1 1f4 I' I . I ,I. i 1 I l r'1` ' ' tl A r + d i~f t , .1 , N l I t , ! , L , t l~ l Sl , , f , ~q" I j { ~`,tt1 t f Ai v r f., n''' S ~f tt j 1f4 ~i11 1 11 ' ,.rh, lf, 1; 1 1 i, t♦'. , ,,1 r I+ I ~ ` t r i' r . ~1, /l ~ - I. -41rt~ .9 1 1 J '1 ~ AI ndaH ut f- v TEXAS ELECTRIC UTILITY CONST. DENTON COUMTY ELECTRIC COOPERATIVE', INC, P.O. BOX 2211 IEXAS-49-DENYON $NERNAN, DENTOM COUNTY SYSTEM IMPROYEMENI6. 00910719 7011404 SHEET 11 EX190E0 POLE 4 UNIT NO, LABOR LABOR OESC. UNITS PRICEIUNIT :eaa sa uaaa:: zzcc::: asz acr::vr_a:~:aa'a 128j25a:::aua:a:cau szaa asz loss:z:k28s Z5s 1 N 56.2 16.86 N VC7•A 2 38.40 66.56 N Ell 2 33'28 110.08 H Fl-4 2 55.04 12.50 N E3-10 2 6.40 15.36 N M2-11 1 15.36 29.40 ~r N VM6-I 4 7.35 18.90 1 N VM5-5 2 9.45 $2.50 140.4 1 $2.50 150.00 I VCH 2 7155.00 30.00 I El 3 21.00 I Fl-3 2 10,50 16.80 l VM6-t 4 4.20 11.92 I VMS•$ 2 8.96 52.50 q 1 40.4 l $2.50 68.25 I VU 1 68125 12.50 1 E1-2 1 12.50 12.50 I Fl-2 1 12.50 52.50 3 140.4 1 $2.50 60.00 1 VC1 1 60.00 k2.5D 1 60.00' u 4 1 35.4 42.50 1 WWI I YCl 12.50 I El-2 1 12.50 12.50 fl-2 l 12.50 42.50 5 1 35.4 1 42.50 60.00 I VCS 1 60.00 12.50 I El-2 1 12.50 12.50 I Fl-2 1 12.50 42.50 6 I 35.4 1 42.50 60.00 I YCl 1 60.00 12.50 I El-2 1 12.50 12.50 I Fl-2 1 12.50 30,00 I YN5.6 3 IOAO 102.40 7 N SC 8 12.00 42.50 135-4 1 42.50 92.50 I VC8 l 92.50 185.00 I YM3.3 1 185.00 129,25 8 N 55.2 1 128.25 86.36 N VC8 H 4 86.36 -_~-a- H VA5-2 I 21.76 21,76 H V6136-10 1 68.75 68.75 N K14 1 11.25 11.25 N E1.2 1 20.48 20.48 N FI-4 2 55.04 11008 N E3-10 l 6.40 6.40 N M2-11 1 15.36 15.36 1 40.4 1 $2.50 52.50 I VC8 1 92.50 92150 I VAS-2 1 43.52 43.52 i I Y0136.10 1 43140 43.40 I K14 1 8.75 8.75 I El-2 1 12.50 12.50 I FI-2 2 12.50 25.00 N SC 4 12.80 51.20 N 56-2 1 128.25 128.25 { N VC9.1 l 34.36 34.36 r, N M2-12 l 12.80 1230 145-4 1 72.68 72.68 'w I YCl 1 6040 60.00 l0 N 65-2 1 151.00 151.00 M VCO-H 1 86.36 66.36 N E12 1 33.28 33.28 N FI-4 1 $5.04 55.04 2` M E3-10 1 6.40 _ 6.40 N M2-11 1 15.36 15.36 165-2 1 96.00 95.00 [ VC2-2 l 68.25 68.25 1 E1-3 2 16.00 30.00 I FI-3 2 1G.50 21.00° 11 H 55.2 l 128'.25 128.25 N VC9 1 48,05 48.05 N El-2 1 20.48 20.48 N F1.4 1 55.04 $5.04 N E3.10 1 6,40 6.40 N H2-11 1 15.36 15.36 12 N 60-2 1 137.00 137,00 H VC9 l 48.05 48.05 N E1-2 l 20.48 20.46 N F1-4 l 55.04 $5,04 N £3-i0 l 6140 6.40 N N2-11 l 15.36 15,36 13 N 60.2 i 137.00 137.00 N VC9-1 1 34.36 34.36 N M2.12 1 12.80 12.80 14 N 60-2 1 137.00 13760 N YC9•t 1 34.36 34.^', N 82-12 I 12.80 ILdO 15 H 60-2 l 13140 137,00 k h I 1 Y ' iv„ Jv•. . I N YC4~lg N M2~}2t;. 1 31,x 1 12.111 36.36 16 N 60-21 12,80 I N 4C4.1^ 1 137•M H N2-12t 1 34.x 137,00 l 12-M 34.36 17 N b0~2" 12,80 N VC4F r 1 137.00 H M21 ; i L AlF' 34.36 12 1'`. a 12.80' 18 H 60-~'!'~' 1 137:N N 464'11:' N N2-12" 1 $w,- 137.00 x•x` 1 12.M 36.36 19 N 60-T• 12.80 J 1 137-»: 11 N YC4-!Ik•-. 1 x„~ 137.40 I N N2. z <.36 1 u-ate x,. 1'.a~ TOTAL ~.5 LABOR 5352.39 ~V• I 1. : .Y ~ y.1 pop ~I A(j'c'1j 3 Pilo M ~OGtG us" i y I OVER"AO STAKING SHEET _ IIAS•11•DENIOk ~ ' C(MATY / t00t NAME J Yo MDME(A_ ~/0 7/ff JISE, I) typE II Palo ! r u SNEEI All Jp.I~- IJ1,CJpt CAN Copt (oCA1IDN~11nJ ~/t/p/tl p N? JTAlu t 111 a. 'I T ~kWED' J IJNIAU r At1NI4AE X11 n.: 9 I {fC7-I Y1 E C 4r u.,,, 9 C J Y 4 Ai, 14 nul 1:y ~ A •11 'I y ~3y0 ' •N r4m ~i ' i E /D M l 1 .H W G C 1 G 2' E •ro +e o t r F1•R. F M toll Arul will aAri nu uAn nn IYAtl V A rrlr uei YAiI All r11i IIAU IU. 11• ..UY. li• "llp"Iff Ilrl 111 rIH C / A 0 i v e £I 3 Y ,y ra 77 i p ^Z \1 _ } a, !'I~rnrt! fhan,~__f~S__?r G_ r. r TEXAS f f f Ella, '1 UTILITY CONSTRUCTIOrP~ ( trJ 214.893.0949 4613 Highway 1417 North ;I P.O. Box 2211 T Sherman, Texas 75090 1 1. K u l U{:N I ON C ODN rr F"t,I"C f R i(: CgUPECRA T I E INt; . ' ''II 1'.0. vOx 14,' } ~ UENr(1lJ. [kXFlti /r,;?~,t ~3~ :It1NE •'7,1991 tJ(} 31yIo7Ia :10 #4404 1N10L Bri.l.ltar; rt~rAl. iHrr;: [NVC>trr J BSI 52 39 g ,77}j >I r A/C!~. AMTS; ri A/Ctiy AI , ..1__._ AMF A/C A/C AMT AMT". ,y PRICE Ci(D EXT. CKD --L REC D DATE PD _ '.1Y 111. 0012628 •,4 , ~ ~I 1 '"R1 r + rr 4 0'r 1~ •1 ~i I it S, ' ' v{+ 1 i.(' 'rLr~)r f j r.YY lr rtr , I 1 ! 1y ~:1 ':.lt pj r~ I ^l it 1 •t 11r i i lil, 1 f i1 I 41 ,u; i ; , i... 'I ~~f I.' LrJt,~~:i2J~t jrl~ ~t Ill r I',; 1 A -illy 1 ) r w t ~ Ili I\ ~ ~ 1 I TEXAS ELECTRIC UTILITY CONST. DENTON COUNTY ELECTRIC COOPERATIVE, INC. P.O. BOX 2211 TEXAS-49•DENTON SHERMAN, DENTON COUNTY SYSTEM IMPROVEMENTS NO19C0718 SHEET 11 3014404 POLE I UNIT NO. LABOR EXTENDED LABOR DESC. UNITS PRICE/UNIT _ ::=a:eeuusz uszs= mmuzzaz=aau=z,:z=a~'126 25 a:ezsz: :zzzzsz::=`26 '25 N 55-2 p 38.10 16.80 N VC1-A 66.56 M E12 2 33.28 110.08 N FS-4 2 55.04 12184 H E3-10 2 6'40 15.36 N M2-11 1 i5.36 29.40 N VMS-1 4 7135 10.90 N VHS-5 2 9.45 5:.50 140.4 1 52.50 150100 I VC?-1 2 75.0 30.00 1 Ell 2 15A0 21.00 I F1.3 2 10.50 16.80 1 VMS-1 4 4.20 17.92 1 VMS-$ 2 0196 1 52.50 40.4 1 $2.50 2 1 68.25 68.25 I VC2 1 C EI.2 12.50 12.50 1250 1 F1.2 1 12.50 1 52.50 52.50 3 1 40-4 1 60.00 60.00 1 VCt 1 42,54 42.50 4 135 4 1 60.00 60.00 .1 VC1 12,50 1 E1-2 1 12.50 12.50 I Fl-2 1 12.50 1 42.50 42,50 5 135-4 1 b0.40 64.00 1 VCl 12.50 I E1-2 1 12.$0 12.50 1 F1.2 1 12.54 1 42.50 42.50 6 1 35-4 1 60,04 60.00 I VCI 12.50 I Et-2 1 12.54 12,50 1 F1•2 1 12.50 30.00 1 VMS-6 3 10.00 8 12.84 102.40 7 N Sc 1 4250 42150 1 35-4 92.50 1 VC8 1 92.50 165.00 1 VM3.3 1 185.00 1 128,25 126.25 8 N SS -2 1 86.3b 86.36 H VC8•H I r ~I N VA5-2 1 21x16 21.76 N VG136-10 1 68,15 68,75 N X14 1 I1.25 11.25 N fl-2 1 20.48 20,48 H Fl -4 2 55,04 110,08 H E3-IO I 6,40 6.40 N M2-I1 1 15.36 15,16 I 40.4 1 52r5D 52,50 I VCO 1 91.50 92.50 I VA5-2 1 13,52 43,52 I YG136.10 l 43,40 43,40 1 K14 l 8.75 8,75 I El-2 I 12.59 12.50 I FI-2 2 ftr50 25,00 N 5C 4 12r8W $1.20 9 N 55-2 1 128.25 120.25 N VCH l 34.36 34 x36 N 02-12 I 12,80 12.80 I 45.4 1 72.68 71.68 I YC1 1 60,00:,. 60.00 f0 N 65-2 1 151100? 151.00 N VC8-N 1 88 x36 86.36 N Ell l 33.28 33.28 N Fl-4 l 55.04•. 75.04 N E3-10 1 6.40w- 6.0 N M2-11 1 15.36- 15.36 185-2 1 96.00t: " 95.00 I YC2-2 1 68,25• 68.25 1 El-3 2 15100 30.00 1 FI.3 2 10.50. 21.00 11 N 55-2 1 120.25 128.25 N VC9 1 48.05► ys. 4B.OSd N U-2 1 20.481'. 20.48 N F1-4 1 55.04 $5,04 N E3-l0 1 6.40 6.40 N M2.11 1 15.36 15.36 12 N 60-2 1 137.00 137.00 N VC9 1 48,05 48,05 N E1-2 1 24,48 20.48 N F1-4 1 55.04 55.04 N ENO 1 6140 6.40 N V-11 1 15,36 15,36 13 N 60-2 1 137,00 137.00 N YC9.1 1 34.36 34,36 N M2-12 1 12.80 12,00 14 N 80.2 1 137.00 137.00 k VC9.1 l 34.36 34,36 N M2.12 I 12,80 12.80 I$ N 60-2 1 137.0 137,00 u /f of 1 34.36 31.36 1 M 4C9 l y 12,80 12.80 N 02.12 131,00 y 13700 16 N 60.2 31,36 1 31.36 12.80 H YC9.1 N M2.12 y !.!.84 137.00 11 N 60-2 I 131,00 31,36 1 31.36 12.80 N YC9.1 M2-12 y 12.80 H 131,00 ye N 60.2 1 137.00 34.36 N YC9.1 1 31'36!. 12,80 M M2-12 l 12.80 137.00 19 H 60-2 ! 131.00 31.36 N YC9.1 1 31'36 12.60 H M2.12 1 12.80 TOTAt- LABONI $352.39 } "hl I Y ry E C. i n I I~ ~j 1 WPM .s L yA& Kµr NUUGN! J w saY[1;r~r tctl' ffe~ ~ 1 / /pu 1I /1 1 1 SANGER 101111. l ` r S M ~r r Po44ocr ccal 1 1 21 4 Ile I I I 4 5 ~ w :r r 8 J r AUBREY ♦ 1 r i ~fll~ I; !pf f•t{ KRUGERYILLF. E 1NA{ill! oi10rMM 041 J * ~ C T C, it { 7 sI ~ ~ '10.e 1°~!~! 3 , • LIICOL a,, aa MRK PV is r,b ~ u LIrF' rY{ i 1 1~, 01 I~ 01 ~ Ifz 1' J l! _M i ~ h 1 r ~ /Derr 41.. h i 1 II CIO AAAOODOF /~`S ✓L,_ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC. AN ELECTRIC COOPERATIVE CORPORATION ORGANIZED UNDER ARTICLE 152P,'.. REVISED CIVIL STATUTES OF TEXAS FOR THE JOINT USE OF WOOD POLLS NEAR LAKE RAY ROBERTS, TEXAS; AND PROVIoING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an agreement between the City of Denton and Denton County Electric Cooperative, Inc., an electric cooperative corporation organized * under Article 1528b, Revised Civil Statutes of Texas for joint use wood poles, under ca agreement, a copy of which is attached hereto and made a part agreement, here- $KCTION II. That the City Council hereby authorizes the ex- penditure of funds not to exceed Forty-two Thousand Four Hundred Ninety-eiyht ($42,498) Dollars. SECTION III. 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! ~+3i2A ADAMI DRAYOVITCH, CITY ATTORNEY r BY, 3 J0INTUSEA Z-oz AGREEMENT FOR JOINT USE OF WOOD POLES THIS AGREEMENT, dated as of the day of 19 between the City of Denton, hereinafter called 'COD," and Denton County Electric Cooperative, Inc., and electric cooperative corpo- ration organized under Art. 1528b, Revised Civil Statutes of Texas, having its principal office at Corinth, Denton County, Texas, heie- ~t inafter referred to as "D.C.E.C." W I T N E S S E 'r H: 1. This Agreement shall apply to the joint use of wood poles ("Poles") in Denton County, Texas. The location of that line to be used jointly is Clear Creek and Warshum Road on State IF Highway FM 428, a copy of which is attached hereto and refer- ence to which is made as if it were set forth herein. 2. The joint use of such Poles by each party and the facilities j of each party on the joint use Poles shall at all times be in conformity with the requirements of the edition of the Nation- al Electrical Safety Code ("NESC") in effect at the time of original construction of the joint use facilities, as well as with the requirements of that edition of NESC in effect at the time of any major change, as defined by the NESC, to existing joint use facilities, except where the o%,ler's specifications or the requirements of public; authorities may be more strin- gent than the requirements of the NESC, in which case the more stringent requirement shall apply. 3. COD will own, design and construct approximately 8 miles of new single circuit 13.2 kv electric line of 4/0 AAC on FM428 from Hartlee Field at Point A to Point a at the Ray Roberts Hydroelectric Plant as shown in the attached map. Upon completion of such work, D.C.E.C. shall have the right to construct, reconstruct, maintain and operate its electric dis- tribution facilities on the poles including crossarms, conduc- tors, transformers, fuse cutouts, disconnects, capacitors, re- closers and other equipment and related hardware. 4. D.C.E.C. will convert the existing approximately 2,266 feet of 4/0 AAC single circuit 114.4/24.9 kv to accommodate 4/0 AAC double circuit at Clear Creek and Warshum Road. D.C.E.C. will make necessary.poles attachments on state Highway roads FM 428 and FM 2153. COD shall reimburse D.C.E.C. upon completion of conversion, for actual casts incurred to complete this work. The actual amount is Forty-two Thousand, Four Hundred Ninety- eight Dollars and Sixteen Cents ($42,498.16). I I~ the subject of Poles which are and shall hall maintain tserviceable condition'artY shall Both parties a safe and degective. Each P and 5 Yeement In they become rearrange this Ag such p°les as replace transfer' including con- replace ense, place, such poles, at its sole at its sole eXP attachments to party shall, to of i ts Each ting incidental maintain all s and anchors. be responsible for ductors, g tree trimmIYgy°wi11 cut street or expense, perform poles each P e wired for owns as r g o ening of its use of such the facilities it ow improvements or op due to relocating street °r Shohwa~xldy It become necessary highway widening, affecting continuityt streets and highways- conditions arty to repair party new of r2nee or extraordinary for either ta p r, mere c safety of the Othe reasonable e Or Publi thereto the r service attachments for arty of the r, the shall reimburs~o the, property such repairs uch repairs making in making 1 costs incurred a period Of other party- e;:fect for unless and continue in thereafter she and Shall continu t e o written notice in 6. This Agreementears year fifteen (15) y mutual agreemenr by one (1) y o the other at least provided that any until terminated by termination, termination given by eitherroarty posed t date of and the of the p which may extend h-Y to remove its advance If either party decides offer to sell obligations incurred arty will original will be honored. such P e ual to date such Poles a' at a price q within sixty (6~) attachments from the other pEach Party ,haJ.l' such Pole(s) or such Pole(s) reciation. either buy cost less dep t of such offer, such pole(s). days after reCe1p Of the remove all of its attachments from either or both either party or her istioncurthe re ProParty for death) to Otof 1. Whenever any liability injus (including dearising out par ties hereto for damages rie arty)' Or dice to the of other persons, of either p hereto t the poles under this s ofm the pa use rties arsons (excep poles and fixtures the liability the joint the wires this Agreement) shall be as proty Of covered the parties hereto, attached to the poles betereen for such damages, shall indemnify the follows; be liable for and injuries (including Each party shall erty and its negligence, A. damages to Pr solely by with th`i other for alersons caused at any time death) to Pits failure to comply solely this agreement. ability to terms Of assessment Of "ability A abOVto property and for .,rties here- Except asrtiprovided in th Paes for damages as between third he P injuries (including death), PAGE 2 r to, shall be in accordance with the laws of the State of Texas. C. In the event either party receives a claim or service on a suit for damages alleged to have been caused, in whole or in part, by the party's use of the poles referenced in this Agreement, such party shall notify the other party of such claim or suit within 30 days of receipt of thy., claim. B. This agreement is entered into for the sole benefit of the Parties hereto and nothing in this agreement shall be con- strued as giving any rights, benefits, iemedies or claims to any person, firm, corporation or other entity, other than the parties hereto. EXECUTED on the day and year first written above. ATTEST: DENTON COUNTY ELECTRIC COOPERATIVE, INC. BY: BILL MCGINNIS, GENERAL MANAGER ATTEST: CITY OF DENTON BY:__ _ JENNIFER WALT_ERS, BOB CASTLEBERRY, MAYOR CITY SECRETARY PAGE 3 1 T,.~. _ T _ mot. ~ ~ 7 r _ n \ z~ EXCERPT PUBLIC UTILITIES BOARD MINUTES August 19, 1992 13, CONSIDER AGREEMENT FOR JOINT USE OF POLES ELECTRIC COOPERATIVE, WITH DENTON COUNTY PROJECT. INC., FOR RAY ROBERTS HYDROELECTRIC ~ After discussion of this item, Coplen made a recommend to the d City Council approval of the Jointn Use Agreement. Second by Laney. All ayes, no nays, motion carried. ~ ~j RR 1~ T .1 CITY COUNCIL } -1 t - -oooOOpppQb9900Qp~0ooo ~ - _ e D Q OV a o o d o' _ „q . f ~ti, 1 , is a September 15, 199 i CITY COUNCIL AGENDA ITEM 1I 1 TO. MAYOR AND MEMBERS OF THE CITY COUNCIL FROM, Lloyd V. Harr all, City Manager RE: CONSIDER CONTRACT FOR CONSTRUCTION MATERIALS ENGINEERING SERVICES BY B.NKER-SHIFLETT/EMCON, INC. DURING CONSTRUCTION OF THE WASTEWATER TREATMENT PLANT 15 MGD EXPANSION. r, RECOMMENDATION The Public Utilities Board at their meeting of August 19, 1992, recommended to the City Council approval of the contract with Baker- Shiflett/EMCON (B-S/L) for an amount not to exceed $51,100. SUMMARY Oil August 4, 1992, the city awarded the construction contract for the Wastewater Treatment Plant expansion to Gracon Construction, Inc. A companion function necessary in a major plant construction project is service for quality assurance testing and certain geotechnical engineering services necessary during the construction of the plant. Over the past several years, the city has chosen to award such quality assurance/geotechnical services contracts independently, rather than including such services within the consulting engineer's normal realm of services. By contracting directly for such services, Denton is able to save approximately 15% which is the normal markup that the plant consulting engineer would charge. The city reviewed the qualifications of several engineering companies to pro,,{.de this testing/geotechnical engineering service prior to recommending B-S/E Inc. B-S/E proposes to provide services for the following construction elements at the estimated maximum amounts: I. Earthwork $16,100.00 II. Lime Treated Subgrade 900.00 III. Caat-in-Place Concrete Piers 21500.00 IV. Asphalt Pavement 11200.00 V. Cast-in-Place Concrete 15,400.00 Base Contract Sub-Total $36,100.00 *VI. Retests (reimbursable) 15,000.00 Total $51,100.00 islht Page 2 * Gracon is responsible reimburse De for the cost of. shall retests. They will Denton such cost. The net not exceed for $36,100, cost to the city B-S/F provided geotechnical engineerin for the preliminary engineerin g and testin Based upon their 9 and detail g services Waste performance and their. familiadesign rity phases, Water Treatment plant expansion project, Y with request the requested services to submit a proposal for cconstruction B-S/E was . Since B- phase previous services and their apricej verageaunir onsistent with their firms and since Bhi is ver the Utilit y famil arj with the pro than Y Staff recommends appro•ial of the contracttroject, BACKGROUND Geotechnical engineering and testing are professional services which must be selected ort the basis of qualifications as required by state statutes, prohibited, However, most testing fompetitive bidding is nr.ices for. Publish their unit tests, The utility Staff f maintains this information Familiarity with for th Denton, the reputable rms within project tithe area, and regulations are critical concerns foraearsridering which firm to recommend for performance is unsatisfactory theps me firm tproject, the services Unless during all phases of the Ypically Provides ~ B-S/E Project, f during thefpreliminarygandedetailed desiing phses. and engineering familiar with the plans and specificationsnforathe Wastewater Treatment Plant expansion They are project, Construction of the 115 MGD expansion has been Gracon for $8,647,000, Constru Lion began on August 6, 1992, and is progressing satisfactorily, AGENCIES AFFECTED / Citizens of Denton, Denton Municipal Utiliti6!i and Baker- Shiflett/EMCON, Inc, FISCAL IMPACT B--S/E's contract base construction act bet amount is for $36,100 or for engineerin amount. The budgeted amount is of the additional $15g materials testing and Inspection. $50,000 expected fai5,ooests the contract amount is The exile will be The actual dollar amount estimate of deducted from the construction contractors payment requests through a change order. S~ ~yy 7 • ~I 1 /CIS Page 3 ~aJ!_ See Exhibit III, "Fund Analysis" for detailed itemization of all costs associated with the Wastewater Treatment Plant 15 MGD expansion. I Respec f/ullllTsub p d ~Iy : _ C I 4111 Llo V. Harrell, ity Manager I Prepared by: 1 r)nottlDav d Ham, Manager Construction Projects I Approved by: .E. Nel on, xecutive Director Department of Utilities Exhibits: I. ordinance II. Geotechnical Services Agree.ent vi/three attachments III. Fund Analysis IV. Project Considerations V. CIP Detail Sheet VI. Project Location Map VII. Minutes PUB 8/19/92 ~a az bakerA JCL>///...- ORDINANCE NO AN ORDINANCE. AUTHOR)'ING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF UENfON AND [iAKER-SHIFLETT/EMCON, INC. RELATING TO PRO- FESSIONAL ENGINEERING SERVICES FOR SOILS AND CONCRETE 'PESTING LABO- RATORY SERVICES OF THE PECAN CREEK WASTEWATER TREATMENT PLANT; AUTHOR.ZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC•_`TION I. That the Mayor is authorized to execute an agree- ment between the City of Denton and Baker-Shiflett/Emcon Inc. re- lating to soils and concrete testing and laboratory services of the Pecan Creek Wastewater Treatment Plant under t ewte msiand cored ed tions contained with said agreement, a copy of ch s attach hereto and made a part hereof. SECTION II. That the City Council hereby authorizes the expenditure of funds not to exceed Fifty One Thousand One Hundred ($51,100.00) Dollars for the services required pursuant to the ' Agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. 1992. ~ PASSED AND APPROVED this the day of 1 BOB CASTLEBERRY, MAYOR- ATTEST: JENNIFER WALTER, CITY SECRETARY BY:~ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. !/l --IL~~I AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND BAKER-SHIFLETT/EMCON, INC. THIS AGREEMENT is made and entered by and between the City of Y)enton, Texas, a municipal corporation acting herein by and through Texas, hereinafter called tauthori ed City Manager, and by Lloyd Harrell, its duly Shiflett/EMCON, Inc., an indep tsd duly authorized sChairman ereof the ntractor, and through Thomas D. Baker, Board, hereinafter called the "Engineer". W I T N E S S E T H covenants and ration of the That herein c,-)ntained,dthe parties hereto tdolhereby covenant agreem and agree as folloVs: SECTION I - SERVICES OF THE ENGINEER Engineer as an independent The City hereby contracts with perform, within the contractor, and the Engineer hereby agrees to p nments as professional standards normally accepted in the State of Texas, professional in connection wit.hithe followinglgeneral scope of agreed in writing work: Soil and concrete tenting incident to earthwork removal land placement for construction of facilities; soil quality contro of lime-treated subgrade and asphalt pavement; and soil and concrete quality control for cast-in-place concrete piers•'and cast-in-place concrete. SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES Engineer shall consult with City to clarify and define City's requirements relative to the Assignments and review available data. written request City ill provide a call in with a follow-up and anticipated to the Engwineer for a detailed scop. of services costs associated with each assignment F of services for Engineer will develop detailed written scope ope tY the Engineer each assignment, upon written notice by t Ci~ will perform the assignment and provide a written report of the findings. EXHIBIT qy q elz9 a ~Z~ each assignment as Engineer a der to complete t personnel to ant in an expeditiolta + the tees to commit the assig in or necessary of city's r. to the nece~391tY and data manner. shall advise City as special servi.ces and Engineer others nment at city's coat The Eng obtaining from Assig not to provide iding ar with the ineer. is services prov in connection and data Eng in performing required which services Engineer may rely expense (which on which rep in connection with an J resentative hereunder but City's hereunder), and of act as others. er the full and services contemplat and such this Agreement nent including any the yt is understood that ces for the ASSiga ent as outlined engineering serv lete the Assig construed as complete to comp herein shall be all changes necessary contained fees for services. Scope of Services . of this Agreement authorizing additional the execution the date es by Engineer. and City at lete The Engineer acknowledg to the and proper to comp contingencyes kbewdeemed necessary fee estimate. as may that all included in the maximum of this Agreeme nave been be managed and the Assignment ices will Engineer agrees that engineering serv performed in their Fort Worth Off ice. SPECIAL, SERVICES OF ENGINEER, SECTION I I Authorization in Advance airing Engineer shall furnish the 01 3,1 Services Req to complete in writing by Ci tynecessary as part Basic If authorized Special Services included AND EXTENT OF from otter-,rs are not C,S~CTER aid for by obtain These serve SCCT'.,0N II will be p assignments, outlined in services services sSERV1CES. These Sr~eCial ENGINEER'S SE ated in Section V• City as ro City's SECTION IV - CITY RESPONSIEILITIES t;.,on as City's full informs ct on to a person with authority provide all Criea~wa a and desig the Assignment, requirements and concerniltg studies, repo' to ts and behalf and all matters the obtaining existing Assist Prtinent data as Engineer in services of othTeporto and able data and additional other avail and in obtaining A.'Signment to and make all notice, ge for access ,ivate property required. arran~ and p Upon reasonable enter upon public nereunder• EngineerEnginee:r to perform service.' City's as Ma ibes required for who wi11 act as as May arson the purposes of writing a qualifieAseignment for Designate with respect to the representative 2 3 Engineer agrees to commit the personnel to each assignment as necessary in order to complete the assignment in an expeditious manner. The Engineer shall advise City as to the necessity of City's providing or obtaining from others special services and data required in connection with the Assignment at City's cost and expense (which services and data Engineer is not to provide hereunder but on which Engineer may rely in performing services hereunder), and act as City's representative in connection with any such services of others. It is understood that this Agreement contemplates the full and complete engineering services for the Assignment including any and all changes necessary to complete the Assignment as outlined in the Scope of Services. Nothing contained herein shall be construed as authorizing additional fees for services. The Engineer acknowledges by the executior of this Agreement that all contingencies known to the Engineer and City at the date of this Agreement as may be deemed necessary and proper to complete the Assignment have been included in the maximum fee estimate. Engineer agrees that engineering services will be managed and performed in their Fort Worth Office. SECTION III - SPECIAL SERVICES OF ENGINEERS 3.1 Services Requiring Authorization in Advance if authorized in writing by City, Engineer shall furnish or obtain from others Special Services necessary to complete the assignments. These services are not included as part of Basic Services as outlined in SECTION II - CHARACTER AND EXTENT OF ENGINEER'S SERVICES. These Special Services will be paid for by City as indicated in Section V. SECTION IV - CITY RESPONSIBILITIES Provide all criteria and full informata..on as to City's requirements and designate a person with authority to act on City's behalf and all matters concerning the Assignment. Assist Engineer in obtaining existing studies, reports and other available data and services of others pertinent to the Assignment and in obtaining additional reports and data as required. Upon reasonable notice, arrange for access to and make all provisions for Engineer to enter upon public and p*.ivate property as may be required for Engineer to perform service,, nereunder. Designate in writing a qualified person who will act as City's representative with respect to the Assignment for the purposes of 2 transmitting instructions, receiving information, interpreting and defining City's policies and decisions with respect to Engineer's services. See Attachment 1. Review all reports, recommendations and other documents and provide written decisions pertaining thereto w{.thin a reasonable time. Upon reasonable notice, provide labor and safety equipment to open and protect manholes and/or to operate valves and hydrants as required by the Engineer.. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by Engineer, obtain advice of an attorney, insurance counselor and other consultants as it deems appropriate for such examination and render in writing decisions pertaining thereto wi.th:a a reasonable time so as not to delay the services of Engineer. Provide such legal, accounting, insurance and other counseling services to City as may be required for the Assignment. Bear all coats incident to compliance with this Section. SECTION V - COMPENSATION TO ENGINEER The total compensation for all of the Assignments to be performed by Engineer as described in Section 11 - CHARACTER AND EXTENT of ENGINEER'S SERVICES hereof s., ball not oaceF_d 5511.4.0 Engineer shall be compensated on the basis of the following Attachments which are made a part of this Agreem6nt: Attachment 1: Construction Phase organization Chart Attachment 2: Scope of Services for Construction Materials Engineering. Attachment 3: Schedule of Charges The City and the Engineer shall agree on the Scope and Compensation for the performance of Special Sezvices prior to the commencement of such Special Services. For Special Services performed under Section III the Engineer will be compensated at the same rates and methods as outlined in this Section V. SECTION VI - ME'T'HOD OF PAYMENT The Engineer shall be paid monthly on the basis of statements prepared from the books and records of account of the Engineer, such statements to be verified as to accuracy and compliance with the terms of this Agreement by an officer of the Engineer. Payment according to statements will be subject to rertificF.Xion by the Executive Director of Utilities or his duly authorized representatives that such work has been properly performed. See Attachment 1. 3 1 % yz-oy P"~., The above charges are on the basis of prompt payment of bills rendered and continuous progress of the work on the Assignment until completion. If City fails to make any agreed to payment due to Engineer for servicer properly performed within sixty days after receipt of Engineer's statement thereof, the amount due Engineer shall include a charge at the rate of 1.0 percent per month from said sixtieth day, and in addition Engineer may, after giving seven days written notice to City, suspend services under this Agreement: until Engineer has been paid in full all amounts due for services actually performed. Mail monthly invoices to: The City of Denton Attn: C. David Ham, P.E., r Manager of Construction Projects 901-A Texas Street Denton, Tx 76201 Telephone Number (817) 387-3252 SECTION VII - TIME SCHEDULE OF ENGINEERING SERVICES The Engineer shall initiate work prescribed hereunder immediately upon the execution of this Agreement and upon issuance by City of a Notice to Proceed. Engineer shall perform the services provided herein in 730 calc-ndar days. The City may extend the time period upon 30 days written notice t4' Engineer for an additional 180 calendar days. SECTION VIII - TERMINATIONt The City may terminate this Agreement at any time and for any cause by notice in wilting to the Engineer, Upon Receipt of such notice, the Engineer shall immediately discontinue all services and work and the placing of all orders or the entering into Contracts for supplies, assistance, facilities and materials in connection with the performance of the Agreement and shall proceed to cancel promptly all existing contracts insofar as they are chargeable to this Agreement. If the City terminates this Agreement under the foregoing paragraph, the City shall pay the Engineer for services properly performed in accordance herewith prior to such termination, less such payments having been previously made. Such payments shall be based upon the work completed up to the date of termination of the Agreement in accordance with the method of compensation prescribed in Sections V and VI hereof. Engineer shall also be compensated for all termination related expenses such as meeting attendance, document reproduction, transfer of records, etc.' Upon termination of this Agreement, the Engineer shall provide the City reproducible copies of all completed or partially completed engineering documents prepared under this Agreement. 4 JJ T r SECTION IX - INSURANCE G Engineer shall maintain statutory worker's compensation insurance coverage, employers' liability, commercial general liability, automobile liability, and professional liability insurance coverage during the period of performance of services hereunder in the following minimum amounts: LIMITS _QF LIABILITY A. Worker's Compensation Statutory Employer's Liability $ 500,000 B. Commercial General Liability (including Contractual Liability): $ 500,000 ombined Bodily Injury ) single limits for each Property Damage) occurrence or aggregate C. Comprehensive, Automobile Liability (Owned, Hired, and Non-owned Vehicles): $ 500,000 combined Bodily injury ) single limits for each occurrence or aggregate Property Damage) 500,000 annual aggregate D. Professional Liability $ Engineer shall furnish City insurance certificates to evidence that certificates 30 days provision prior such coverages. The such insurance shall no becancelled, contain written notice to City. SECTION X - INDEMNIFICATION Except for the events addressed in SECTION XIII hereof, Engineer shall and does hereby agree to indemnify and hold harmless the City from any and all damages, loss, cost, or liability of any kind whatsoever, including attorneys' fees, to the extent arising out costoandhexpense, defend and protect the dCitEngineer y against h any and all such claims and demands. SECTION XI - LIMITATION OF LIABILITY Engineer currently maintains and shall maintain professional liability (errors and omissions) insurance in an amount not less than $500,000 aggregate limits during the term of the Agreement. To the extent permitted by law, City agrees to limit the liability of Engineer, its officers, shareholders and employees, to City, for any acts, errors or omissions or ble breaches insurance, contract o the proceeds available from app or, whe no insurance is applicable, the lesser of the actual damages incurred statutes shall Ogovern claims under thismsection. b City or the provided by Texas total 5 Sri ~ , . - SECTION XII - NO THIRD PARTY BENEFICIARIES There are no third party benefici&r1e shaof this ll he agreement entitl between City and Engineer oorh rep p is yprepared by Engineer rely upon any work performed hereunder for the purpose whatsoever. SECTION XIII - SAMPLING Most test samples or specimens are by the consumed ngir eer tantially r, and, at altered during the conducting (subj completion4iofftests: Engineer's sole discretion, of any remaining residue 1. Engineer will maintain preservable test samples and specimens or the residue therefrom for 30 days after submission of If Engineer's report free of storage c EngineerAwil1 retainitest 30 days and upon written request, cre tab~.e storage charge specimens or samples fora mutually a iees that it will not hold and stated period of time. City g loss of test specimens Engineer retained in storage for any or samples or Z. In the event that samples contain substances or constituents hazardous or detrimental to health, safety, or the environment as defined by federal, state or local statutes, regulations or and at such completion ordinances, Engineer will samples to c ty,n or (ii) City's expense: M retur will have such using a manifest; signed by City as generator., Cit as samples transported to a location selected by y generator and will have such samples disposed of in accordance with City's direction. City agrees to pay all costs associated withre ethe gnizesage, transport, and disposal of hazardsouas bsai pee . Catyno time d o e s as l and agrees that Engineer is acting Engineer assume title to said waste. performing All laboratory and field equipment contaminated in p services which cannot, be reasonably these engineering inion of the City; shall become the property ontaminat and re ed, ispn theonsibilsiole ty o of fCity• All such equipment shall be that a delivered to city or disposed of n a Cirnnagreesito1 pty fair previous paragraph. Y • ,8 sole indicated the such equipment which, in the City market value e of any opinion, cannot be reasonably decontaminated. SECTION XIV - INDEMNITY PERTAINING TO HAZARDOUS MATERIALS City acknowledges Engineer will perform part of the work iat facilities that may contain hazardous materials, Includ rior City's products, or conditions, and the Engineer had no p petroleum or disposition of ouch ration$ role in the 9e Engineer shall e have storage, or materials. 6 , discovery, presence, handling, or disposal of or exposure of persons to hazardous materials in any form at the Project Site; provided however, Engineer shall have the responsibility to and shall report to the city the location of any hazardous materials that an engineer of similar skill and expertise should have noticed. in connection with hazardous waste, including petroleum products, City agrees to defend, hold harmlEss and indemnify Engineer from and against any and all claims and liabilities resulting from: (a) City's violation of any federal, state or local statute, regulation or ordinance relating to the disposal of hazardous substances or constituents; r' (b) City's transportation or disposal handling, hazardous lsubstances or constituents found or identified at the site; (c) Allegations that Engineer is a handltr, generator, operator, treater or Storer, transporter, or disposer under the Resource Conservation and Recovery Act of 1976, as amended, or any other similar federal, state or local regulation or law. SECTION XV - RIGHT TO AUDITt Engineer agrees that the City shall, until 'the expiration of three years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of the Engineer involving transactions relating to this Agreement. Engineer agrees that the City shall have access during normal working hours to all necessary Engineer facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Engineer reasonable advance notice of intended audits. SECTION XVI - SUCCESSORS AND ASSIGNSi The City and the Engineer each bind themselves, their successors and assigns, to the other party to this Agreement and to the successors and assigns of each other party in respect to all covenants of this Agreement. SECTION XVII - ASSIGNMENTt Neither party hereto shall assign, sublet or transfer itu interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. 7 y I - INpEPEND~T CONTRACTOR: all work and services hereunder as an SECTION XVII , as an officer, agent, servant Of Engineer shall perfaorm nd not have ex-lus:'~e k nt contractor, ineer shall the details of the Wor independ, Eng of the City- to control same, and shall be emplo~he right erforming officers, and exclusive and all persons p omissions of its hereunder, the acts and be construed the per£ly responsible for Nothing herein shall City and solely es• doctrine of agents and employ or joint venture boteest, and a partnership agents and employ the City and the creating its officers, lication as between Engineer., erior has no app a respondent sup Engineer. ~IVEs SECTION XIX - V of action under this Agreement Venue of any suit or Cause shall lie in Denton County, Texas• this artier have executed tir'j Agreement, IN TESTIMONY kIEREOP# the p 1992• day of - ---"f arts This Agreement is executed in four (4) counterp CITY OF DENTON, TEXAS Bob Castleberry, Mayor ATTEST: City Secretary aennifer Walters, by: APPROVED AS TO LEGAL FORM! Debra A. Drayovitch, City Attorney by s I 1 SECTION XVIII INDEPENDENT CONTRACTORS Engineer shall perform all work and services hereunder as an independent contractor, and not as an officer, agent, servant or employee of the City. Engineer shall have exclus,,re control of, and the exclusive right to control the details of the work performed hereunder, and all persons performing game, and shall be solely responsible for the acts and omissions of its officers, agents and employees. Nothing herein shall be construed as creating a partnership or joint venture between the City and the Engineer, its officers, agents and employees, and doctrine of respondent superior has no application as between the City and the Engineer. SECTION XIX - VENUEt Venue of any suit or cause of action under this Agreement shall lie in Denton County, Texas. IN TESTIMONY HEREOF, the parties have executed thi Agreement, this _ day of 1992. This Agreement is executed in four (4) counterparts. CITY OF DENTON, TEXAS Bob Castleberry, Mayor y ATTEST: Jennifer Walters, City Secretary {II by: APPROVED AS TO LEGAL FORM: Debra A. Drayovitch, City Attorney by: - 8 eaker•9hitlect/BMCON ~r'"~~d,, r1u. _ ,2 ~,O,Z - Thc`o~.ls U. Baker, PS. ( tirwou of tha Bol"%rd ATTEST: i by$ 9 1'1'1'1' UI' 1)ENTON fIN;CAN CREEK WWII, INIPROVFAF;NT'~ CONSTRl1("HON PHAS'K ORGANIZATION CHART EIrY fY OEN IUN UlI EINAtich MAYOR bill IASIILIIFNi I (111 fM Ull CITY M AHr1NL M IIIIYO HACRIII ~ (III III 1111111111 1111111113 110 IML11 CITY IY Of INIMI 1i1 I'IrHE11A31Hq rxEfUiIVf 1'1101 IC p U.1 top OI RI C 11 Y1 11111 I I I I S IIW SIIPV PIILt MI E. NO SI Ni 1'E UlIAFO low IIIS WINRNIHI Will 11If$ 7IAARlIRN1 AI'AI IIvNIIIhWIfIN 1117HAIIINI'. VAN IIIGIIIff l'I . I'IIUN 11'N AIMIIIIISIFAIIVI sIHVUA& ; ANTI 101. RAN 1 6 IR 01061. IAIVARO HnNllll i Ill' AIIIsm rf 1111111 II MIN. PI rF 711 1II11111LI DIPAxrNINI i Ili Il 111[1' 1IA'I NL•11 ~U11LI11CS pYnAINl111 APAI rI ANI II/AU.L1N IF Ef AIS FIA IIIVI Dl S161 PNII CfI SRI'I MITI II IIUI 111 I'Ht14Cls LLIkIF HAIIALIN ASA IIHIIull LA YI1111AH P1 11111 BAL[F'. III A IEf. IICA0.1'I ~ i Cfi rtJ I J q' rn' i; n u•AI FCS IVI Itl L PI I :1l1M II IF a%1 c~ IIW 1 11111HA11[1 I IrF 11 If (1 If I I 1'[11 ill IlI NI ;11IIAll'11 .111 HIH 1111111 uI NNIMAM F] I L ll HPU1111 Hlf LM A9 Iq 111 IAll5m \ AIMS 10 F111'IIp .IU❑III ----w- lid II9IIA1 f IHl IRNI.1IY I LA N' 3 W -1t i dNoil y 1 Scope of Services for Construction Materials Engineering pecan Creek W.W.T.P. Improvements Denton, Texas Baker-Shiflett/Emcon,Inc. Proposal No. 079217 Baker-Shiflett/EMCON, Inc. proposes to provide construction materials testing and observation services for this project "call-out followed by a written assignment" basis. The. Resident Project Representative (RPR) will be responsible for pro eding notification for field testing. Testing may be schedul by calling Baker-Shiflett/EMCON, Inc. during normal working hours at " that'theY Bmay• efLeCt1iely schedule personnels requested in order Tests will be made in all areas designated by the R.P.R. to be ready for testing at the time the technician the onPsite.and ield test results will be gtim verbally Contractor Project Superintendent before the technician leaves the site. Typed a est materials will be be hthe aR.P.Rares reviewed by for retests. responsibility to schedule retests. The City will. pay All tests and quality control will be in accordance cificatih the provisions of the contract document and pla Bid d'speci . the Pecan Creek WWTP Imprc rement project, 1, EARTHWORX An engineering technician will visit the project on an "as called assignment" to sample soil for Atterberg Limits test, minus 200 sieve analysis, andoe moistudre✓desityaests will bet made with a ( D 698), in-place nnuclear gauge to the compacted lifts of fill or backfill. Tests wi'.1 be taken at a general frequency of one per 5000 square feet inch pern teat here the em1oa frequen y will £be incre sed to 25p00 osquare feetnkme II. LIME TREATED SUBGRADE During subgrade construction, samples of the soil-lime mixture will be obtained for laboratory moisture-density relationship tests. Gradations will be conducted in the field to verify adequate ph nolphthalein. in-plabce action compacted mixing. The thickness ositive of checked by y a positive density tests will be taken with a nuclear moisture, 3ensity gauge. pavement. frequency of one Field testing will b e conducted £eeat the r test f l Attachment #2 11 I i M p ~ III. CAST-IN-PLACE CONCRETE PIERS An engineering technician will observe the pier drilling and maintain a log of each pier hole. provided encoufnterom red during rgeotechnical will be compared with the logs p study. The technician will verify that shafts achieve the specified penetration into the bearing formation and the shaft diameter complies with the requirements given on the foundation plan. A geotechnical engineer will visit the site to obeesr e pike Sample drilling operations and review all pier logs. plastic concrete will obtained for slump tests and cylinders will be ccast for compression IV. ASPM%LT PAVEKENT Samples of the paving mixture w lllbei obnclude aineasphr laboratory evaluation. Laboratory be drilled gradation, V. CAST-IN-PLACE CONCRETE The contractor's proposed mix designs will be reviewed. Samples of ts, plastic concrete will be obtained efor cimens slump m esu e enof four tents, and casting of strength sp lased . The samples will nd be ers will. be cast for eaci boratcubic o y anddcontrol cured. Test transported to the aom ression tests ~ reports which include field test and laborator, p results will be submitted after the 7 and 28 day tests. l2 T-- - - ~ lam( ~ ~ . / _T'_~ SCHEDULE OF CHARGES for Pecan Creek W.W.T.P. Improvements Earthwork A. Moisture/Density Relationship (ASTM D 698) estimate 5 @ $125.00/ea $ 625.00 B. Atterberg Limits Tests estimate 5 @ $40,00/ea 200.00 C. Minus No. 200 Sieve estimate 5 @ $25.00/ea 125.00 D. Technician Time estimate 1.50 hrs @ $29.50/hr............ 4425.00 E. In-Place Moisture/Density Test estimate 300 @ 25.00/ea.,... 7500,00 F. Permeability Test (Falling Head) estimate 1 @ $150.00/ea 150.00 C. Remolding Sample (if required) estimate 1 @ $50.00/ea 50.00 H. Senior Engineer's Time estimate 16 hr @ $90.00/hr 1440.00 I. Technical Services Supervisor estimate 15 hr @ $65.00/hr 975.00 J. Vehicle Charge estimate 25 days @ $24.00/day...... j...... 600.00 Subtotal $16,090.00 Estimated Budget $16,100.00 1 II. Lime Treated Subgrade 1j 1 A. Moisture/Density Relationship (ASTM D 698) estimate 1 @ $125.00/ea $ 125.00 B. Atterberg Limits Tests estimate 1 @ $40.00/ea 40,00 C. Technician Time estimate 10 hr @ 29.50/hr 295.00 D. Gradation Test estimate 5 @ $20.00/ea,,,,,,,,,,,,,,,,,, 100.00 II. Lime Treated Subarade (ContinuedZ E. Lime Depth Checks estimate 5 @ $11.00/ea.,, 55.00 F. In-Place Moisture/Density Tests estimate 5 @ $25.00/ea „ 125.00 G. Technical Services Supervisor estimate 2 hr @ $65.00/hr 130.00 11. Vehicle Charge estimate 2 days @ 240,00/day,,.......,.. 48.00 Subtotal $ 918.00 Estimated Budget fi 900,00 Attachment 43 13 r 7 a y~ 1 ti - TII. Cast-in-_Place r^ncrete Piers A. Technician, regular time $1225,00 estimate 35 hr @ $35.00/hr........... B. Technician, overtime 262.50 estimate 5 hr @ $52.50/hr.....r••• C. Concrete Cylinder0.. 208.00 estimate 16 @$13.0/ea • • " • ' " " ' D. Senior Engineer 360.00 estimate 4 hr @ $90.00/hr......... E. Technical Services supervisor 325.00 estimate 5 hr @ $65.00/hr............... F. Vehicle Charge 96.00 estimate 4 days @ $24.00/day..... r Subtotal $ 2476.00 Estimated Budget. $ 2500.00 IV. AsAhaly Pavement A. HMAC Extraction & Gradation 00 estimate 3 @ $145.00/ea............r••••S 435.00 B. HMAC Theoretical Maximum Density 65.00 estimate 1 @ $65.00/ea........... C. Cores of HMAC estimate 3 @ $60.00/ea........ 180.00 D, Length and Density of Cores 93.00 estimate 3 @ $31.00/ea......... • f{ IV. Asnh__~_alt_Piyement =_Co-ntinued E. Technical Time $ 295x00 estimate 10 hr @ $29.50/hr....•• F. Senior Engineer 80.00 estimate 1 hr @ $90.00/hr...... G. Vehicle Charge estimate 2 days Q S24.00/day.."" " ' 46.00 Subtotal $ 1206.00 Estimated Budget $ 1200.00 14 Apia ;•+n !'rcr,~._1~~~_~~ n) 9- /s- 92 V. Cast-in-Place Concrete A. Technician Time, regular estimate 190 hr/ ® $29.50/hr............ $5605.00 B. Technician Time, overtime , estimate 45 hr @ $44.25/hr 1991.25 1 C. Concrete Cylinders estimate 428 a $13.00/ea 5564.00 D. Technical Services Supervisor estimate 10 hr a $65.00/hr 650.00 E. Senior Engineer estimate 5 hr @ $90.00/hr 450.00 F. Vehicle Charges estimate 45 days @ $24.00/day........... 1080.00 Subtotal $ 15,340.25 Estimated Budget $ 15,400.00 V1. RETEU .At unit prices shown above (Allowance) 15,p00.00 TOTAL ESTIMATED BUDGET $ 51,100.00 I 3.5 aA d August 19, 1992 i 3 AND 15 MGD EXPANSION IMPROVEMENTS a r PECAN CREEK WASTEWATER TREATMENT PLANT (1993 CIP - PROPOSED) FUND ANALYSIS % $ x1000 VVW TREATMENT BOND STATUS COMP. FUND SOURCE $10.596.0 93 -0470006 TRANSFER FROM 1997 CIP 2.828.5 97-0470006 (1992 Dollars) 3,424.5 TOTAL FUNDS X EXPENDITURES 884.4 1 Design (13 and 15 MGD Pre-Des'Contract) 100% 81.8 Uprats Analysis (Contract) 100% 105.9 Prel. Design . 100% 41.8 Prel. Design Sp. Serv. (Contract (13 and 15 MGD Design) (Contract) 100° 559.0 Detail Design , 96,0 Det. Design Sp. Serv. (Contract) 1 11.3 Testing (Contract) 100% 9,092.9 Construction 8,647.0 13 & 15 MGD Imprvmnt'(E (Estimated) 0`y° 100.0 Electric Improvements and Transformers .O. Contingency (4%) (Estimated) Ooo 345.9 417.6 C Insp.ICoMract Admn. (Contract) 4 36 Geotechnical Const. Eng. Wrapased) 0% 10,442.3 TOTAL EXPENDITURES ($2,982.2) --22.21% AMOUNT OVERI(UNDER) BUDGET $11.13 Staff Hours To- Date 13.52 Staff Design Efforts Staff Construction Efforts $10,466.93 Total Project Cost ($2,957,60) Total Amount Over (Under) Budget ExHiBI7 ill fnda1315.wk3 I 1100 : 1 Project Considerations Sr • Geotechnical engineering services consist of testing construction materials and observing critical construction such as piers, • Geotechnical contract base amount for $36,100 is A% of the construction contract amount with Gracon for $8,647,000. • The remainder of the contract amount, $15,000, is estimated to cover retests due to failed testa and is reimbursable, • Our contract with Gracon provides for deductive change orders to allow for retests. • Staff has budgeted $50,000 for materials testing and inspecting, • Baker- Shif1ett!EMCON, Inc. performed the soil testing and engineering evaluation during the preliminary and detail design phases, EXHIBIT aV CAPI7AL lM==rN=&AENT =?OJc~ ~~7 n~-0470C~o n r vWT= _PG'ADt 510596 x 1 cool ti c rALUATICN SCCRB: :00 ~3~.~1P-1CN: "his oroiscr aacresses the necessary improve en s oS ne Wastewater 1 'reatment Pfant redulrea to meet new TWC and EPA 0ermtt reculremenrs and :0 exbana the cauacuv to 13 MGD, 70 Marto the caoaraty or the WWTP to keep pace with increased flow sue 10 growth and to achieve compliance with more strtgent permit •equtred by the TWC and EPA. COST CALCULATION: From the January 1992 'Oplrndn of Potential Cost by FlseW Year, oredarea by APAI. °JNDING RECUIREMENTS;CASH FLOWSIENCUMBERANCES (In Dollars x 10001 =NC FXP ENC EXP ENC EXP ENC EXP ENC EXP ENC EXP !993 0 7090 1325 N : 525 0 $24 J 524 F ; 524 M ; 524 A 524 M 524 J 524 J 524 A 524 S 524 1994 O 1460 182 N 161 0 : 161 J 161 F 161 M let A 161 M 161 J 161 J A S 1995 0 ~ N ~ D J P A M M , ' J J A S : ENCUMBERANCES CASH EXPENDITURES @ONO REV AIC OTHER TOTAL BOND REV AID OTHER TOTAL TOTAL1ST YR 57090 $O 50' SO $7090 $7090 $0 $0 $0 57099 1 TOTAL 2ND YR $1460 SO s0 s0 $1450 $1460 $0 SO $0 514H TOTAL3RO YR SO so SO. $0 $0 $0 as SO $0 50 GRAND TOTAL SSW SO SO $0 $8540 $8640 $0 SO SO 58640 j ENCUMBERANC'c DATES; Encumbered as spent PHASE DATE AMOUNT Prelim, Engineenng 10180 $i8$ Engineering Design 5191 $ 708 InscecndrvAamtn, S 500 Conmcbon 6192 59200 Miscellaneous ENCUMBERANCE TOTAL 510596 COMMENTS: This 1s a multtyear orolect beginning to 1991 Encumberances:Prfdr to 1993 $ 2,056.000 Current CIP S L. 4a.ooo Total Prolect Budget $ 10.596,000 EXHIBIT 31819215:54 V i 1 CiQ'~ CAPI 1 AL IM r-r.l r++ _.~1 + YY I z ~PGRAO" - - - • 3 AIGu ✓C J LC~~ ~r• T MATE) CCST. i i 0596 x 1 C001 VALUATION SCCRE: :00 -a :nr?-ION: _pis orolect aaaresses the necessary improve UP A IGNMEe ester reatment Plant recUlrea to meet new TWC ana EPA aermn reculrern@nt3 ana exbana the cacaclty to 13 MGD. ~r r^FrtSE. -o excana the capaaty pt the WWTP Me to growth ana to acnleve compliance With more srmgent permit oW requlrea by the TWO and EPA, CC$ I CALCULATION: From the January 1992 'Opinion of Potential Cast by Fiscal Year' oreuartru by APA1. =UNOING REOUIREMENTS:CASH FLOWS/ENCUMBERANCES (in Doltars x 10001 HNC EXP ENC EXP ENO EXP ENO EXP ENC EXP ENC DCF M 1993 0 7090 1325 N 525 D A 524 M ~ $24 J 524 F ; 524 M 524 524 J 524 J 524 A 524 S 524 1994 0 1450 162 N 16f D A 181 M ; 151 J 16f F ; 161 M ; 161 ; 181 J 161 J A S I r995 0 N i q ~ D 1 J F M , M J J ' A S ENCUMBERANCES CASH EXPENDITURES BONC? REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL I ST YR 57090 50 SO. SO $7090 7090 TOTAL 2ND YR $1450 SO $0 so $1450 S7090 $0 $0 SO $O 3$14W TOTAL 3RD YR SO 30 SO GRAND TOTAL 58540 SO $0 D $8540 s So 30 O SO $ s0 o SO 30 j 58540 SO SO SO 38540 j ENCUM13EPANCE DATES; Encumbered as spent' f PHASE DATE AMOUNT Prelim. Engineering 10180 Sias Engineering Design Volt $ 708 InsoectioruAdmin. $ 500 Construction 6/92 59200 Mlsceilaneous ENCUMBERANCE TOTAL $10598 j COMMENTS: This is a multiyear protect beginning in 1991 Encumberances:Prior to 1993 $ 21056,000 Current CIP S 8,54LW Total Prolect Budget S 10,5981000 ~ 31819215:54 EXHIBIT V' -:39i UAPITAj_ IMP,gOVEMEIJ~FR - ~ ~JEC ~ ~ 97-f)a7QC 'QOJ TITLE: `0VWTP'UPGRA0E - ; 5 MGD n:,'9 li;a in ` cSTIMATEO COST: 53610 (x 10001 GROUP ASSIGNMENT: 2 E3CRiPTION: This project addresses the necessary improvements to the WWrP regWred by TWC and EPA permits and to expand the capacity of the plant from 13 MGD to 15 MGO• PURPOSE; To expand the capacity of the WWTP to keep and to meet the TWC and EPA permit requirements, swtth projected growth COST CALL ULATION: From the January, 1992 'Opinion of Potential Prepared by APAf Cost by Fiscal year' FUNDING REQUIREMENTS; ENCUMBERANCES/CASH EXPENDITURES (In oallars x 10Wr First Qtr, Second Qtr, r' ENO Ew' ENC Third Qtr. FourttTatr, 1997 EXA 50 50 2390 798 F 0 EXP EiVC.'I 5 1998 1170 294 0 ° 797 0 795 + 1999 0 ° 0 294 p 291 0 291 1 ° 0 0 +f I ENCUMBEfUNCES BOND REV AB OTHER TOTAL CASH IEXPENCITURM BOND REV AiC OTHEFF TOTAL TOTAL IST YR •52440 SO 50 $0 $2440 TOTAL?ND YR 1170 0 0 1170 $2440 $0 $O $0 ,.F,: $0 TOTAL 3RD YR 0 0 1170 0 GRAND TOTAL $3810 0 0 0 0 0 0 1170 So SO 0 0 0 0 0 $0 $3810 S3810 $0 $O SO $3610 ENCUMBERANCE DATES; Encumbered as spent. PHASE DATE AMOUNT General Purchase Engineering Design $38f 0 Inspectfon/Admfrt 50 Construction 08 Miscellaneous 3080 1 ENCUMBERANCE TOTAL $3610 COMMENTS: Thla Ian mutt-year projo b Encumbsra»ca Prior to 1lp-a ~ Current CIP S 0 TOtat PrOtW Budget 0-i00p 53, 81U,u00 F 3/9192 19:58 cx~ -!.vr • _ (l' J'~ Vlfti~ J` w +7lUM RUGERVILL wTrrrp 00 ss / I I I .4'+ 1 'ONOfN I y ---`7 IM o" POINT 4 HA 40RTFIlAxi rfm IT7Li y~ MIC1r IL.U U"/L/ 3 WON dusTrN ~ . sN COLOM 41014L AND vILLAGa , LII UM71 ql , Wla a" Law °io*" MOUN0 / J a i ~Y LEW1MV?tLE rCR7MM 1 Lao ` \ 1 Cdl1AGLLTON ..ARRAN r ~ouurr _ A L A S 0 U N EXHIBff vi I EXCERPT PUBLIC UTILITIES BOARD MINUTES August 19, 1992 11. CONSIDER CONTRACT FOR CONSTRUCTION MATERIALS ENGINEERING SERVICES BY BAKER -SHIFLETT/EMCON INC., DURING CONSTRUCTION OF THE WASTEWATER TREATMENT LANT 15 MGD EXPANSION. This item was presented by Allison, The proposed contract consists of testing and observation during the construction of the Wastewater Treatment Plant 15 MGD expansion, r~ After general discussion, Coplen made a motion to approve 1 Second by Laney, All ayes, no nays, motion carried, the contract, EXHIBIT 14/11 vim 5y EXCERPT PUBLIC UTILITIES BOARD MINUTES August 19, BAKER-1SHIFOR C bLE TOTNEMCON,IINNC"~DURING CON `I'TRUCTION CONSIDER ERVICES CONTRAC 11 S OF THE WASTEWATER TREATMENT PLANT 15 MG)) EXPANSION. This item was presented by Allison. The proposed contract consists of testing and observation during the construction of the wastewater Treatment Plant 15 MGD expansion. After genernl discussion, Coplen made a motion to approve the contract. Second by Laney. All ayes, no nays, motion carried. I I EXHiSIT Wii 1 CITY COUNCIL oo~OQd o 0 a pp~oo d0 ~ ro 0p . . n~ oho . . x O 0 o ° O O ~~OO~ r o H s e ~~0~ - - ~Opllf,'~GGfl0~0 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: No Parking on Withers Street i RECOMMENDATION: The Citizens Traffic Safety Support Commission (CTSSC) recommends approval SUMMARY: This ordinance will prohibit Withers Street from Bell AvenuertonMingovRoadles on both sides of BACKGROUND: Two-way traffic is impaired when vehicles are parked on either side of Withers street. Prompt access is necessary for emergency and utility vehicles when the needs arise. The recent completion of an apartment complex on the southeast corner of Bell and Withers could worsen the situation. Concerned citizens and city e,rnloyees have requested that something be done to mitigate potential problems. suz' PROGRAMS,--DEPARTMENTS. OR -.GROUPS AFFECTED: Engineering and Transportation Department, Denton Police Department, area residents and the general public FISCAL IMPACT: About $650.00 for necessary signs AEE00168 7 i CTSSC MINUTES !//1 August 3, 1992 page a ITEMS NO PARXING ON BOTH SIDES OF WITHERS STREET' Iwuchukwu presented the request. He said this issue has been before the commission as a "General Business item" because staff did not to action wait andthat evalua e thee situation zas decideddrastic want to complai• trecommend directed by the commission. When the new apartment complex was started on the south side of from not only the staff WitherBp tcity d utility receiving truck dr very. citizens but also Withers Street is very narrow. It is barely wide enough for two-way r trx.kffic. If a car is parked on any one Bide of the street, it ~ impairs two-way traffic flow. The three new apartment buildings have 35 parking spaces, which meets City of Denton ordinance. Adequate parking is available for 11 those residences. There are about 4 residential houses in the immediate area and all have off street parking. Iwuchukwu Dun boyondwere locatedhouses the apartments complexes. we were where saidatheyasked Chadwick asked if no parking was for a 24 hour period. Iwuchukwu said yes. Notices were sent to residences in the area and no calls have been received objecting to 24 hour no parking. No nre was present to speak against the proposal. Duncan asked if no parking would be allowed even for emergency vehicles, Iwuchukwu said emergency vehicles icles of time everywhere. vehicles atop in the street for short p The police officer would have to make the determination. Dotson said vehicles could be towed or cited. But, police officers try to use 000%mon courtesy. White asked if Withers street was about the same width as Schmitz, Iwuchukwu said staff has received several complaints in the general area. In areas where there are institutions like TWU and UNT, staff tries to do everything possible before recommending such an action. Staff does not want to impose undue hardship on the students or Institutions. on Schmitz, Vine, College, Texas, and Frame, staff has received several requests to prohibit parking, In 1989, staff brought a request on Texas street to the Commission. The COMMiBSion asked the residents to go home and decide which side of the street they wanted "no parking". They never did decide. Now, if driveways are being blocked, there is a provision in the ordinance that allows staff to paint about 5 - 10 feet yellow around the driveway. That's what staff has been using to manage parking around most of these neighboring streets. Chadwick asked if there was no parking on either Bide of West Withers. Iwuchukwu said the north side was no parking, Chadwick CTSSC MINUTES u~ August 3, 1992 page 9 1 said that section of withers is much wider than east of Bell. It funnels down from three lanes to two at Bell. Iwuchukwu said yea the west Withers east of Bell AvenueWick said that compounds section the i problem 4 on foot Gore said the stop light helps vehicles get on and off Bell at withers, STAFF RECOMMENDATIONI Approval COMMISSIONERS: white made a motion to accept staff recommendation of Guess seconded "no parking" on both sunanimously, the motion. Motion passed AEE0019E f, ~ r #14 Al CTSSC MEMO July 28, 1992 page 8 TT EM 5 PARKING ON 80TH SIDES_ ~F WITHERr- NO Mingo Avenue an The section of withers street between wBeol-lway traffic- Road is barely wide enough for t one side of withers two- When vehicles are parked on any passenger way traffic flow is impaired. Besides ordinary cars, the traffic component consists of a significant number of the City's utility and service have just been as TWU's. Three apartment building completed on t leasing east corner of Bell and Withers and are currently construction During construction of the apartments that generated vehicles were often parked on Withers, employees. The calls from concerned citizens and city resented to the Commission (CTSSC) and the issue was p commission directed staff to monitor the situation an rom bring it beck for a no parking are re already ordinance concomingsiderin from an tere when the need arises. '`he concerned individual aedwvehicle oriarerantic pating obstruction by p artments and their subsequent renting completion of the ap problem that already exists. There ound whatever houses in the area whose parking pomp efami ly are few singl clear. All the residences have arrangements are not very been invited to the meeting. for an ordinance Staff is recommending approval s _ prohibiting parking on both sides of withers between Bell Avenue and Mingo Drive. AER00197 W ~ ~ YID f." - u~as °°ITIOK~3{ I \ ~CCGGr N GGAR_9 LNG I,_ _ 1 ~6} i Q~ ~p0~ l' meuT'M tt, fnaunrar i~l~ c r * 1 Uw $I Y9 E ~I ~J DD k IY 01 A6 ttt~_ fI Am" MAU J . ~ ~ H I~~,}J t D MI I IINOEAI r ~1OL~ PHIS Y Q ~ oD■ UULLJO r--l C3 0 rig, ~QEL ~ z r r c ~ OOMM INN J l~.J l.~~ I ~ P s J1 QQ FJ ~ULJ EAGLE • . ~!q~ ~ . L~ + ED AGY OAKS, I I ~ +o A ~ ~ I= MT 0`LL«:: py ALEGRE VIS G~ ~i_ K { a rr .g,.,; l z L,y Js ~ ° EG ~ ~ 'I.~ o f, ~'mcy x I ALL00313 f ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKNG OF VEHICLES ON BOTH SIDES OF WITHERS STREET, FROM ITS INTERSECTION WITH BELL AVENUE TO ITS INTERSECTION WITH MINGO ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle upon the following street or portion thereof, in the City of Denton, to-wit: 'r Both sides of Withers Street, from its intersection with Bell Avenue to its intersection with Mingo Road. SECTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have en- acted such remaining portions despite any such invalidity. SECTION III. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the require- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a r.•eparate 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. 5ECUON IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR 1 I i7tio ATTEST: JENNIF'E:R WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DP.AYOVITCH, CITY ATTORNEY BY. C Page 2 CITY COUNCIL ooo~aoNO o0 _ ~p0 e N OpG, -boo ; o~po- . 0 0 S o d G' ~m go0 O ti * r0 0 N. O oD~~~4QOL~d 0 L' I1Dp~~ ~ 4 h IC44' w/- S ._7-06 RESOLUTION NO. A RESOLUTION APPROVING THE 1992-93 FISCAL YEAR BUDGET OF THE DENTON COUNTY EMERGENCY COMMUNICATION DISTRICT, PURSUANT TO ARTICLE 1432e V.A.T.S.; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Denton has been pre- sented the 1.992-93 Fiscal Year Budget of Denton County Emergency Communication District, hereinafter referred to as DENCO AREA 9-1- 1, for approval, in accordance with article 1432e, section 7(D), V.A.T.S., as amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HERBY RESOLVES: SECTION I, The City of Denton approves the budget, I SECTION II. That this resolution shall take effect immediate- ly from and after its passage. PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR 4 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. ~ Ty 7 DENCO AREA 9-14 DISTRICT 1,1' 1660 S. Stemmons Freeway Suite 295 air Lewisville, Texas 75067 (2[4) 221•0911 , (214) 420.0709 Fnx August 1, 1991 John McGrane City of Denton 215 E. McKinney Denton, TX 76201 Dear John; Enclosed is a copy of the Denco Area 9.1-1 District Fiscal Year 1992 Operating Budget that I sent to the commissioners court and mayors of Denton County. The only difference between the packet you previously receivers and this copy is presentation. The narrative sent to the governing bodies is more general than the proposal. Also, the worksheets are not included in this packet. I would appreciate your scheduling a time for me to present the budget to the Denton City Council. If you would like to schedule a meeting between the Denton City Manager and myself prior to that time, I would enjoy the opportunity to meet with him. I will be out of the office the week of August 5 for vacation and in Tulsa at the APCO conference on August 12-15. 1 will come in to the office on August 10 and 11 to take care of any necessary business prior to leaving for Tulsa. Carol has the telephone number where I can be reached while on vacation. Thank you for your assistance in scheduling the Denton meeting and for your support. erely, Sine4Ped!8 MikExecutive Director enclosure MLP/cy ' ALjG 61991 FINANCE NCO AREA, 9-1-1 DISTRICT 1660 S. Stemmons Freeway Suite 295 i f Lewisville, Texas 75067 (214) 221.0911 (214) 420.0709 Fax MEMORANDUM TO; Denton County Mayors FROM: Mike Pedigo, Executive Director/el, DATE; August 1, 1991 SUBJECT; Fiscal Year 1992 Budget Approval Enclosed is a copy of the Denco Area 9.1.1 District Operating Budget for Fiscal Year 1992 beginning October 1, 1991. The budget was approved by the district's Board of Managers at its July 31, 1991 meeting after a public hearing, The legislation creating the district requires approval of the annual budget from the commissioner's court of each county and the majority of other participating jurisdictions (cities). The Denco Area 9-1-1 District requests that you place on your regular meeting agenda either in August or September the consideration of a proving that action be taken prior to the next fiscal year~ng the enclosed Budget. It is Should you have any questions, please call us at (214) 221.0911. Thank for your assistance. I 9z i DENCO AREA 9.1-1 DISTRICT FISCAL YEAR, 1992 OPERATING BUDGET TABLE OF CONTENTS Budget Overview Summary of Cost Classification rf Budget Summaries Schedule 1 - Summary of Anticipated Revenues by Source J and Proposed Expenditures 11 I Schedule 2 - Summary of Anticipated Revenues by Source Schedule 3 - Proposed Expenditures by Item Budget Spreadsheet Salary Spreadsheet a n ^ G i DEN ,0 AREA 9.1-1 D1SIR-10' Fiscal Year 1992 Budget C?verview ion of the Denco Area 9.1-1 voters approved the cre<<t ust, 1987, Denton County and coordinating Enhanced 9 1 1 Service for the in Aug ur ose of implementing District for the pn County On August 18, 1990, Enhanced 9 1.1 service bec;rme a realtity citizens of Dento throughout Denton County. ointed by the Denton County overned by a Board of Managers app and the Denton County The District is g ear terms and are eligible £or Commissioners Court, the councils of the cities within the coon ers is comprised of the Fire Chief Association. The Board members serve two basis. The current Board of Manag reappointment on a rotating following members; Denton County Fire Chiefs Association Chief Randy Corbin, Councils Olive Stephens, DF nton Couftty City Denton County C' Councils John McGrane, Jim Ferguson, Denton Cnunty CComm s i ners Court J. Kert Goode, Denton County hone Company Melvin Willis (non-voting), Genera! Telep Vernon Revised Texas Statutes, provides the District, Article 143 e, ercent (3%) of the monthly Legislation creating for the Distrit to collect a 9.1.1 servtce fee based on t re serv ce provider. he fee structure is as follows: base rate for the primary 1_:: ~ .27 Residential Line .71 Business Line 1.13 Business Trunk costs, and administrative costs are met through available All non-recurring costs, recurring revenues generated by the 9.1.1 service fee. roved the Fiscal the Denco Area 9-1.1 District Board of Managers app On July 31, 1991, et, Highlights of the budget are as follows: Year, 1992 Operating Budg i DENCO AREA 9.1.1 DISTRICT Fiscal Year 1992 Budget Overview In August, .1987, Denton County voters approved the creation of the Denco Area 9-1.1 District for the purpose of impletacnting and coordinating Enhanced 9-1-1 Service for the citizens of Denton County. On August 18, 1990, Enhanced 9-1.1 service became a reality throughout Denton County, The District is governed by a Board of Managers appointed by the Denton County Commissioners Court, the councils of the cities within the county and the Denton County Fire Chief Association, The Board members serve two year terms and are eligible for reappointment on a rotating basis. The current Board of Managers is comprised of the following members; Chief Randy Corbin, Denton County Fire Chiefs Association Olive Stephens, Denton County City Councils John McGrane, Denton. County City Councils Jim Ferguson, Denton County Commissioners Court J, Kert Goode, Denton County Commissioners Court Melvin Willis (non-voting), General Telephone Company Legislation creating the District, Article 1432e, Vernon Revised Texas Statutes, provides for the Distrit to collect a 9-1.1 service fee based on three percent (3%) of the monthly base rate for the primary service provider. The fee structure is as follows; Residential Line .27 Business Line ,71 Business Trunk 1.13 All nonrecurring costs, recurring costs, and administrative costs are met through available revenues generated by the 9-1-1 service fee. On July 31, 1991, the Denco Area 9-1-1 District Board of Managers approved the Fiscal Year, 1992 Operating Budget, Highlights of the budget are as follows: Budget Overview Q Page 2 ANTICIPATED REVENUE The revenue side of the financial plan reflects(' slight increase of three percen1992 two percent by GTE and Southwestern Bell respectively beginning in January, The Lake Dallas, Centel and Muenster Telephone Companies anticipate astable revenue stream. Interest in 1992 is projected to be considerably less than 1991 because of a decrease in the fund balance and declining interest rates. The adjustment to the fund balance reflects $87,000 projected for nonrecurring expenditures as well as a $75,000 equipment replacement reserve. The non- recurring expenditures include a Public Safety Answering Point at Lake Dallas and ~ a computer system to collect statistical data at present PSAPs. The equipment replacement reserve is a new account to be used as a fund f )r replacing or enhancing equipment in the future. The adjustment to the fund balance leaves the $200,000 fund contingency desired by the Board of Managers. PROPOSED EXPENDITURES The expense side of the 1992 budget indicates an increase of 63 percent percent pers,nnnel costs, a decrease of 48 percent in operating costs, and a 46 increase of three percent.~DirectlServices represent 71 percent eof rtheebudget, a decrease Personnel costs have increased significantly over the 1991 budget for several reasons. Those reasons are as follows. Salaries execut uded in not was the previous' budget. tThe -time 1991 Budgett plannedtfortf ur months oinc f salary for the pr executive director, The proposed salaries include a three percent increase in staff salaries and a five percent step increase for the Data Base Manager, Public Education and 'Training Manager, and Executive Secretary. The step increases are to be used at the discretion of the executive director. 1 ~'Sln!i!Ir ";n Budget Overview ,t Page 3 i The salary of the executive director, to be set by the Board, is budgeted at the same percentage increase of three percent and five percent, Budgeted Salaries ` Executive Director $48,668 Data Base Manager 31,662 Public Education Manager 27,302 Executive Secretary 23,025 r Benefits The primary change in benefits are in health coverage. The projected expenditures for health coverage reflect a 20 percent increase over current rates because of the unpredictability of insurance costs. Temporary Services Temporary services includes costs for temporary help when employees are absent for extended periods or for special circumstances, The 1994: 4 adget reflects a part-time data base technician to assist with development of the rural data base after the addressing project is completed. Operations costs include all of the line items necessary to provide support to the district on an ongoing basis. The budget category reflects a considerable decrease in costs primarily due to the decrease in other professional services. The differences in the operational costs between the FY 1991 budget and the proposed FY 1992 is $807, excluding the services of Tarrant County, Office Space Denco is currently negotiating a long term lease for space at a lower unit rate per per square foot, The District will require additional space to facilitate Board meetings and Emergency Service Provider meetings, Additional space will also be used to store public education materials, h Budget Overview Page 4.-/" <12 Travel The travel line items Provide for staff and Board and state conferences members to attend national legal changes in to keep abreast of technological, administrative and the emergency communications field, The National 1~'rllergency Number Association, Associated Public Safety Communications Officers Association and Advisory Commission of Communications (State State Emergency 9-1-1 Commission) are exam of that address issues directly related to the operation of thesDenco Areat9-1. 1 District, r Direct Services reflect pass through costs for services tliat go directly to the dish' These expenditures indicate an increasing cost in recurring expenses because of the growth of the district. Monthly costs are directly proportional to the number of customers served, The 1992 non-recurdi;,r! expenditures include the installation of a primary Public Safety Answering Poir,. (1c,0) at Lake Dallas and a computer system at each PS AP to be utilized in gathering stal:stical data for the PSAPs as well as the district. The system will detail the number of calls answered by position, the number of hang up calls, the time elapsed before answering a call, the number of calls transferred and more, information will be beneficial in tracking 9-1-1 traffic as well as locating potential problems, The public education budget includes, in addition to handout materials, signs to be installed at the entrances of cities in the district notifying the public of their access to 9.1.1 in Denton County, The budget also includes billboard space rental advertising 9-1-1 in Denton County, This will be beneficial in bringing families and businesses to the county. The 1992 budget includes more recognition of call-takers to include National Telecommunicators Week and 9-1-1 Day activities. Telecommunicator training is probably the most important service the district can provide. Proper use of the eduipmut is only the minimum training the district should provide attendants, In FY 1992, Denco proposes to include training in stress management, a primary factor in the turnover of personnel, The district poses to provide specialized training to call-takers utilizing services of experts in the fielprd.o Oversll, the fiscal year 1992 budget provides for the well-trained and educated professional staff necessary to provide support services to the Denco Area 9-1.1 District network. The financial plan includes operating considerations required to provide the support and the direct services needed to make the system function at its best. DENCO AREA 9.1 -1 DIS'T'RICT Summary of Cost Classifications G~ Fiscal Year, 19(,2 Budget PERSONNEL Includes the actual total salary anO, be,lefit costs, costs of temporary employees, and fees paid to agencics for temporary personnel services, OPERATIONS y Includes operational costs to provide continued 9.1-1 emergency network support services to the District, Communications Includes the telecommunication, printing/publishing and postage/shipping costs necessary for the District to disseminate information. Telecommunications costs include telephone, facsimile, pagers and other telecommunication line charges, lease payments, local and long distance service and system maintenance, Printing/publishing includes at costs of outside printing, binding, collating, design, layout, photography, art work, and similar costs related to the preparation and publication of printed matter, video presentations, and similar costs not directly associated with public education or telecommutiicator training, This also includes purchase and reproduction costs of maps. Postage/shipping includes all postage, postal insurance, freight, delivery, postal meter rental and other related costs except when postage/shipping costs are included in the total purchase price of a specific item. Office Supplies Includes the cost of routine expendable office supplies such as letterhead, envelopes, pens, pencils, ribbons and all computer and copier paper. This also includes minor equipment with an acquisition cost of less than $300,00 or a life expectancy of less than one (1) year, IM Professional Services Includes the costs of legal fees, accounting services, independent audit and other outside consultant costs. Aso includr • professional development costs authorized for conference registration, nontransferable professional membership, tuition reimbursement, reimbursement paid to new employees as parti of recruitment agreement, and staff training. Office SpaceJ UUiPment Includes all office and maintenance payments and any costs for temporary offices, storage space or similar facilities. Also includes the lease or purchase and maintenance of office equipment and furnishings with an acquisition cost greater than $300.00, and a life expectancy of more than one (1) year. Member shi s Subscriptions Includes organizational memberships in professional organizations such as TENA, NENA and APCO. Individual organizational memberships are considered "professional development" if they are not transferable between staff members, Includes subscriptions to newspapers, periodicals, information services, and the purchase or rental of books, videos and recordings, Advertisin Includes the costs of public service announcements, required legal notices, public meeting notices, solicitation for bids, job announcements, and similar other costs related to the media. Insurance Includes all liability, casualty, fidelity, notary bonds or insurance for Denco property, offices or employees. Travel uta Includes costs such as, but not limited to, mileage reimbursements, airfare, food, lodging, local transportation, parking, telephone, etc. when such costs are reasonable and when they are incurred in conjunction with Board and authorized staff travel. Also includes financial assistance for automobile maintenance arri fuel costs necessary to meet authorized staffs transportation needs for conducting Denco business within the metroplex area. z DIRECT SERVICES ' G Includes all costs attributed directly to Denco's 9-1-1 Network. PSAP Equipment and Service Includes non-recurring and monthly recurring costs for 9-1-1 equipment and service, as well as a reserve for equipment replacement and/or enhancement. public Education Includes costs for signage, coloring books, decals, phone stickers and other public education materials distributed throughout the District. Also includes costs for special functions such as telecommunicato: week recognition, 9-1-1 Day activities, etc. Telecommunicator Training Includes costs for materials, equipment and space rental, guest speakers, etc. associated with meeting the training needs of 9.1.1 call-takers, v 7 1 SCHEDULE 1 /3 / Denco Area 9.1.1 District I Summary of Anticipated Revenues by Source and Proposed Expenditures Fiscal Year, 1992 Anticipated Source of Funds Amount r' 9-1-1 Service Fees Interest income $ 718,973 Adjustment in Fund Balance 25,925 + 130.190 Total Anticipated Revenues $ E122 Proposed Expenditures Personnel Operations $ 173,975 Direct Services 78,840 622,273 Total Proposed Expenditures $ 815 088 , I* !J m. l x'10.. C SCUEDULE 2 Denco Area 9-1-1 District i Summary of Anticipated Revenues by Source Fiscal Year, 1992 I Source Amount 9.1.1 Service Fees Ir GTE Southwest $ 583,254 Southwestern Bell 100,485 Lake Dallas Telephone Company 18,594 Centel 16,616 Muenster Telephone Company _ 24 Total 9.1-1 Service Fee 718,973 I Interest Income Invested Funds $ 18,425 Operating Funds 7,500 Total Interest Income 25,925 Total Anticipated Revenue $744,898 Adjustment in Fund Balance 130,190 Planned Expenditures $875,088 s' S: IIEDULE 3 Denco Area 9.1-1 District Proposed Expenditures by Item Fiscal Year, 1972 PERSONNEL Salaries $130,657 Benefits 37,318 Temporary Service _ 61_000 173,975 r OPERATIONS Y Communications I Telecommunications 6,255 Print!ng/Publishing 1,500 Postage/Shipping 1 1?5 8,880 Office Supplies 2,600 Professional Services Legal Services 9,000 Accounting 21000 + Independent Audit 31500 Professional Development 3,000 Other Professional Services ] fl00_ 18,500 Office Space/Equipment Office Space 16,440 Equipment/Furnishings 7.L200 23,640 Membership/Subscriptions 785 Memberships Subscriptions --M-5 11570 Advertising 300 Insurance 500 'T'ravel/Auto Travel 1,b50 Auto Allowance 100,200 22.850 78,840 } Schedule 3 Proposed Expenditures A/I Page 2 DIRECT SERVICES PSAP Equipment and Service Monthly Recurring Expenditure 426,573 Non-Recurring Expenditure 87,000 Equipment Replacement Reserve 75.000 588,573 Public Education 29,700 Telecommunicator Training 4 000 622.273 Total Expenditures $_875.088 I I L k 44+ TT T -J~ T. IcilY -F~ COUNCIL T -T - - t TIT oooan0 F H nr IT goo OO 6 N O~~ 4 ppp • . U - C7--- - cn O~' O n o d q O oGO~~O r o M S+ 0> C G rnnr t j- 1 y DA'Z'E: September I5, 1992 COUNGI F2I~ . _ - ~ -0vt POt2'1'_1~URMA'1' ~I ? , 0: Mayor rknd Members of the city Council Vc2~~ /,f-/ FROM: Lloyd V. llarrell, City Manager J SUIIJ: Approval of a resolution authorizing the City Manager to sign and submit to the to the Texas Department of ]lousing and Community Af'f'airs an application ]'or "HOME" program funding with appropriate certifications, as authorized and required by the Cranston-Gonzalez National. Affordable Ifousing Act, ktECOMMENDATION: The Housing Task Force recommends approval. BACKGROUND: A notice that funds are available under the HOME Program has been issued by the 'Texas Department of Housing and community Affairs, Funds are available to cities and non-profit organizations for rehabilitation end rental subsidies. Application for funding must be made by September 30th. SUMMARY: The application will. request: approximately one mil.iion dollars in order to rehabilitate and "reconstruct" owner- occupied units which do not meet eligibility requirements under the City's current program. The units targeted in the application are, those which steed substantial rehabilitation or need to be demolished and rebuilt. The demolition and rebuilding of structures is considerod reconstruction" under the HOME, program and is an eli.gib.te activity, ParLicipation In the HOME program should allow Community Development to assist several families previously denied rehabilitation assistance, PROGRAMq DEPARTMUNTSOlt GIIQtLP _API'HCTl?D_ The Cummuni.ty Development Office will submit the app.l,icat.ion and administer any funding received. FISCAL_ IMPACT: There wtl.l be no impact on the general fund, The Community Development staff will administer Lhe funding. .t< s Report Format September 16, 1992 Page 2 Respectfully submitted: 1 I, 40-YV. Harrell ~ If City Manager Preparrd by: i ~~~lr C~CLII~I h Barbara Roca Community Development Coordinator Approved: Frank Ro6binn AICP Executive Director for Planning & Development CWHOMI:. APP 3 ALL002F1 9c~S 0,2.9 RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON TEXAS AUTHORIZING THE CITY MANAG ` ER TO DEPARTMENT OF HOUSING AND COMMUNITY G AFFAIDRS AN APPLICATION TEXAS "HOME" PROGRAM FUNDING WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED AND REQUIRED BY THE CRANSTON-GONZALEZ NATIONAL AFFORD- ABLE HOUSING ACT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is concerned with the de- velopment of viable urban communities, including the maintenance of existing housing and the development of new housing opportunities; r and WHEREAS, the City of Denton, Texas also has a special concern for persons of low and moderate income; and WHEREAS, the City of Denton, Texas is applying to become a designated "State Recipient" and, has prepared a program for use of approximately $1,000,000 in "HOME" funding; and WHEREAS, the State of Texas requires submission of an applica- tion and appropriate certifications and the City Manager has recom- mended that the Council authorize the submission of the applica- tion; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas, authorizes the City Manager to sign and submit to the Texas Department of Housing and Community Affairs a grant application and appropriate assurances for "HOME" Program funding under the Crans- ton-Gonzalez National Affordable Housing Act of 1990. SECTION II. That the City Council of the City of Denton, Texas authorizes the Executive Director of Planning and Development to handle all, fiscal and administrative matters related to the ap- plication and the assurances. SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties. SECTION IV. That this resolution shall take effect immediate- ly from and after its passage, PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, MAYOR 9.L ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: i `I Page 2 5 1 _ r - CITY r -COUNCIL a r - ooo°aaaoaoooo~oooo j O V - d~ O r 0 16 oonncooo°° oo~IU/ L DA`l'F.: Sept,embc r 16 2 1992 CITY CC)l1NCl L _RUQRT IWRK T ?r -0 r„ /7a~. r~C~ _!1 Y TO: Mayor and Members of the City Council FROM: 111.00 V. Harrel)., City Manager SUBJ: Approval of a t'esoLution supporting the application of the Denton llousing Authority Lo the Texas Department, of 11ousing and Community Affairs for HOME Program funding in order to rehabilitate the Crawford Building located at 306 S. Locust and provide rental subsidies for Sow income elderly residents. IJFCOMMFNDATION: The Housing Task Force recommends approval. • 13ACKGROIJND : ~ The recent, application for 202 H'Iderly 11ousing funding by the Denton Housing Authority was denied by the J Department of Housing and Urban Development. The Housing 1 Authority and the City are continuing to look for or Lions in order to fund the rebabilitation of the Crawford Building. The Denton (lousing Authority will be applying for HOME funding in order to rehabilitate the Crawford Building and provide additional subsidies for low income renters. j Sl3MMAltY Upon approval, the resolution witL be included in Dlul's / application to the Texas Department of Housing and Community Affairs. YRO04MH.5-t D T R'l 'NTS X511 C}ROUIrS_ AVE C'1'FD.: Denton Housing Authority, Denton County, Denton Coun'Ly 11ousin1-1 Finance Corporation, National Development Council, Community Development Office. Those are the organizations cooperating on the project. F3SCA1,_IMPACTI $ 26,000 its Community Development filoofc 0rant funding has been allocated for the project. 11, is possible that additional CDB0 funds will be requested for the project. r z /Cs Report Format ySL September 169 1 Page 'L e i'III ly s b~~it.r:d: ~ 4 bloy Harrell City Manager prepared by! J ) F3arbnra Rose Community Development coordinator Approved: Nrank Ro bins AICP Executive Director for Planning k Development. I CCRFHOME,DHA i 1 y Report Format September 16, 1992 Page 2 gi e fully s U it ed: Lloy Harrell City Manager Prepared by: ` I Barbara Ross a Community Development Coordinator Approved: i Frank Ro bins AICP Executive Director for Planning b. Development CCRFROME.DIIA V I ~ y L"PdO dha.,e5 RESOLUTION NO. A RESOLUTION 13Y THE CITY OF DENTON TY T0 SUPPORTING PION OF THE DEN`I'ON HOUSING AUTHORIx THE APPLICA- THE TEXAS F HOUSING AND COMMUNITY AFFAIRS FOR fiOME PROGRAM FUNDING TNRORDER o0 REHABILITATE THE CRAWFORD BUILDING LOCATED AT 306 S. LOCUS AND PROVIDE RENTAL SUBSIDIES FOR LOW INCOME ELDERLY TENANTS T AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is concerned with the pro- Vision of affordable housing for all citizens especially persons of low and moderate income; and pro- housingEassistance CtoYloow income n families s andl elderly citizens b the Denton Hou;;ing Authorit provision of Y; and y WHEREAS, the State of Texas requests that a HOME Program funding by the Denton Housing Authority pi'nclude asreor olution of support by the City of Denton; NOW, THEREFORE ' THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton, Texas supports the applications for HOME Program funding to be submitted by the Denton Housing Authority SECTION_ II. That the City Council of the City of Denton, 'T'exas supports the proposed rehabilitation of the Crawford Buiiding and the provision of rental subsidies to low income elderly tenants included in the applications for HOME funding. SECTION III. That the City Secretary is hereby authorized to furnish copies of this resolution to all interested parties, SECTION III. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of .----.I 1992. BOB CASTLE ERRY, MAYOR i V T e:updocs\dha.res LL # r RESOLUTION NO. A RESOLUTION BY THE CITY OF DENTON, TEXAS, SUPPORTING THE APPLICA- TION OF THE DENTON HOUSING AUTHORITY TO THE TEXAS DEPARTMENT OF HOUSII:G AND COMMUNITY AFFAIRS FOR HOME PROGRAM FUNDING IN ORDER TO INCOMED ELAT 306 DERLY STENANTS T AND RENTALESUBSIDIES FOR BUILDING PROVIDELITATE PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas is concerned with the rof vision of affordable housing for all citizens especially persons , low and moderate income; and WHEREAS, the City of Denton supports fully the provision of housing assistance to l orin ome families and elderly citizens by the Denton Housing WHEREAS, the State of Texas requests that applications for HOME Program funding by the Denton Housing Authority include a res- olution of support by the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HERESY RESOLVES: SECTION 1. That the City Council of the City of Denton, Texas supports the applications for HOME Program funding to be submitted by the Denton Housing Authority. r That the City Council of the City of Denton, ~ECT____?oN osed rehabilitation of the Crawford Building Texas supports the prop and the provision °frentl subsidies gnome elderly tenants included in the applications SEA TTON II. That the City Secretary is hereby authorized to furnish copiesIof this resolution to all interested parties. SECTION III, That this resolution shall become effective im- mediately upon its passage and approval. 1992. PASSED AND APPROVED this the day of 130B CASTLEBERRY, MAYOR r r' ~ 1 7 ATTEST' CITY SECRETARY JENNIFER WALTERS, BY: APPROVED AS TO LEGAL, FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY t~ r" BY : c PAGE 2 1 I~ I LIT 1 C~~~ J COUNCIL 1 r h i o ~ppp00n0 p~ - OQ~ p p p f ODQ O N O ~ G f Q O G . p N s e oO~O DOQODrl. tir,rn 4 DATE: 09/15/91 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City L'ouncil FROM: Lloyd V. Harrell, City idanager SUBJECT: Adopt a Administrative Service Agreement Betwaen the City and the International City Managerent Association Retirement Corporation RECOMMENDATION: ✓ It is staff's recommendation that the City Council adopt a resolution authorizing the City to execute a formal Administrative Service Agreement with the International City Management Association - Retirement Corporation (ICMA-RC). SUMMARY: The Administrative Service Agreement would formalize service agreement with ICMA and clarify our expectations following the re-negotiation of our account maintenance fee. The assets of our, plan will remain invested in the ICMA Retirement Trost, while JCMA-RC would continuo to serve as investment adviser to the plan, Thus, the adoption of a formal service agreement would not constitute a Charge iri our CurvVeht asset management arrangement with 1:CMA-RC (see the agreement attached). Rather, it would simply serve to bind ICMA-RC to their agreement until the City wishes to make any changes in such arrangement. BACKGROUND: In 1986, the City Council adopted a tax deferred compensation program (IRS Section 457), providing City employees the option to participate in a voluntary supplemental retirement. plan. ICMA's plan was adopted following a review and analysis of proposals submitted by a number of companies that administer Section 457 deferred compensation plans, Employee contributluns, as an indication of interest in the plan, have increased in past three years, as shown below: o 1988 Contributions = a, 99,415 0 1989 Contributions = 124,47? 0 1990 Contributions = 128,920 o 1991 Contributions = 183,157 indeed, we have successfully used the increase in employee contribution during the past three years (1989 to 1991) as a leverage to re-negotiate with ICMA-RC a waive of the $18 Annual Account Maintenance fee that is currently charged to employees' accounts (see the attached letter from ICMA), If the City Council approves this agreement, this new fee arrangoment wou,J go into effect for new participants on October, 1, 1992, and for current participant:, op January 1, 1993, The adoption of a resolution authorizing this service agreement would enable the City to formalize the eliminatlair of the Annual ACCOIRlt Maintepance Fee from our service "agreement, ~y 7 Saptember i99t.' , Council or, ICMA-RC Service Agreement City Manager RePl7rt to Cit! page 2 DC{ Af?TM_ S OR GR AanCSEndde avrilable to all CitiY employees PROGRAMS, ' CNICompensatnUpS on P program:., but does The 10A Deferred Tile pl ogr•am enhances City benefit on a Voluntary basis, not. affect departments, FISCAL IMPACT__AND,AGC,OUNT$_AFfECTen1ernt wou}d have no fisct} The adoption of this rative service afire admbeciaunsie sttha Section 457 is employee-owned and -fundr;d. impact on the City, plan on the part of the City, It is a non-contributory Respectfully submitted: tioyd V, fiarrell City Manager Prepared by: Thomas W, Vvv)lnck, Director of Human Resources App ov d: 0 e ea xecutive Director for M nicip l Services and Cconem}c Development rcicma2a.prn Attachments ALL001F1\1410.11b RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN ADMINISTRATIVE SERVICES AGREEMENT WITH THE INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT CORPORATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the International city man- agement Association Retirement corporation have previously entered into an Agreement in which International City Management Associa- tion Retirement Corporation administers a deferred compensation plan for the benefit of. City employees; and WHEREAS, the City of Denton and the International City Man- agement Association Retirement Corporation now desire to amend this Agreement; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to exe- cute on behalf of the City of Denton, Texas, an "Administrative Services Agreement" between tt:e City of Denton and the internation- al City Management Association Retirement Corporation, a copy of which is attached. SECTION II. That this resolution shall take effect immediately upon its passage. r 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: - 7 1 CIT 't' 1992 JUN 23 P,11 f0: 20 i f i'~'knJd IJ u, ' ~ ~ ,at) / r J yfJ ICMA „Yr,I RETIREMENT - f " CORPORATION 692 Y-Ah 05 Capaalo Neadqua,tas Su to 600 7,77 Nate Carta Stow `Z WasNr9imDC 20002-240 (202) 9624600 Toll-Fin (600) 669740: February 28, 1992 Mr. Ike Obi Personnel Specialist City of Denton Personnel/Employee Relations 324 Fast McKinney Denton, TX 76201 Re: Section 457 Deferred Compensation Plan J Dear Mr. Obl: Ms. Joyce CoMm, Marketing Representative for your area, has asked me to confirm the fee change he has recently discussed with you verbally. As Ms. Collaw Indicated, the $18 annual account maintenance fee, which wa debited from participant accounts in January, will be discontinued for your employees. The ~liminatlon of this fee will remain effective through 1993, 1994, and 1995. (Should your fees chana in 1996, you will be informed at least 60 days In advance.) Of course, this fee reduction will In no way alter or reduce the services provided under your program. To effect the fee change, please review and execute the attached administrative services agreement and return to my attention at the above address. Thank you once again for your continued participation In the retirement savings programs of the ICMA Retirement Corporation. If you have any questions or comments, please do not hesitate to contact Ms. Joyce Collazo at (214) 47"112. Sincerely, Manuel J. Sanches Manager, Business Development I cc: Ms. Harriet Jacobs Director of Marketing Ms. Joyce Collaw Marketing Manager ICMA•RC Services, Inc. Member NASD and SIP0. Is a wfally ownod bcokoa-deefer subsidiary of the ICMA Refiement Woo mom m 7 i ICMA RETIREMENT CORPORATION 70 ADMINISTRATIVE SERVICES AGREEMENT Type: 457 Account Number: 2269 i ~I ICMA Plan #2269 RETIREMENT CORPORATION r ADMINISTRATIVE SERVICES AGREEMENT 61 This Agreement, made as of the day of (herein referred to as the "Inception Date" 199 ' International City Management Association Retirement between ("RC"), a nonprofit corporation organized and existing under the laws of the State cif Delaware; and City of Denton ("Employer") a C,ty organized and existing under the laws of the State of Texas with an office at 324 East McKinney, Denton, Texas 76201. I Recitals Employer acts as a public plan sponsor for a retirement plan ("Plan") with responsibility to obtain the best possible investment alternatives and services for employees participating in that Plan; The ICMA Retirement Trust (the "Trust") is a common law trust governed by an elected Board of Trustees for the commingled investment of retirement funds held by state and local governmental units for their employees; RC acts as investment adviser to the Trust; RC has designed, and the Trust offers, a series of separate funds for the investment of plan assets including a growth stock fund, an S&P index fund, an asset allocation fund, a medium-term bond fund, an enhanced short- term bond fund, and a fund which invests in investment contracts issued by financial institutions; these funds, (collectively, the "Funds") are available only to public employers and only through the Trust and RC. In addition to serving a, investment adviser to the Trust, RC provides a complete offering of services to public employers for the operation of employee retirement plans including, but not limited to, communications conceiving investment alternatives, account maintenance, account record-keeping, investment and tax reporting, form processing, benefit disbursement and asset management. - 2 - y Plan ,2269 ICMA RETIREMENT CORPORATION Agreements Aq~ ,d ;1r rn /C.S 7'15711 1 UPointment of RC Employer hereby designates RC as Administrator of the P1 to perform all non-discretionary functions necessary for the administration of the Plan with respect to assets in the Plan deposited with the Trust, The functions to be performed by RC include: (a) allocation in accordance with participant direction of individual accounts to investment Funds offered by the Trust; I (b) maintenance of individual accounts for participants refleictinq amounts deferred, income, gain, or loss credited, and r~ amounts disbursed as benefits; (c) provision of periodic reports to the Employer and participants of the status of Plan investments and individual accounts; (d) communication to participants of information r~_Iarding their rights and elections under the Plan; and (e) disbursement of benefits as agent for the Employer in accordance with terms of the Plan. 2. Replacement of Employer Trust RC and Employer are parties to a Trust Agreement entitled "Trust Agreement with the ICMA Retirement Corporation" (the "Employer Trust") for the administration of the Plan. The Employer hereby terminates the Employer Trust (not the Declaration of Trust _ Services Agreement evidence thetunderst understandings h between Administrative RC and the Employer with respect to the matters covered by it. Employer continues to be a party to the Declaration of Tr1)9t of the ICMA Retirement Trust and agrees that operation of the Plan and investment, management and disbursement of amounts deposited in the Trust shall be subject to the Declaration of Trust, as it may be amended from time to time and shall also be subject to terms and conditions set, forth in disclosure documents (such as the Retirement Investment Guide or Employer Bulletins) as those terms and conditions may be adjusted from time to time, 3 - , 1 I Plan #2269 ICMA RETIREMENT CORPORATION 3• Emolo er Duty to Furnish Information Employer agrees to furnish to RC on a timely basis /suc-h" ! information as is necessary for RC to responsibilities as Administrator of the Plany out its information needed to allocate individual participant accountsito Funds in the Trust, and information as to the employment status of participants, and participant ages, addresses and other identifying information (including tax identification numbers). RC shall be entitled to rely upon the accuracy of any information that: is furnished to it by a responsible official of the Employer or any information relating to an individual participant or beneficiary that is furnished by such participant or beneficiary, and RC shall rr not be responsible for any error arising from its reliance on such information, If within ninety (90) days after the mailing of any report, statement or accounting to the Employer or a participant, the Employer or participant has not notified RC in writing of any error or objection, such report, statement, or accounting shall be deemed to have been accepted by the Employer and the participants. 4• ertai Re resentations. Warranties an Covenants RC represents and warrants to Employer that: (a) RC is a non-profit corporation with full power and authority to enter into this Agreement and to perform its obligations under this Agreement. The ability of RC to serve as investment adviser to the Trust is dependent upon the continued willingness of the Trust for RC to serve in that capacity. (b) RC is an investment adviser registered as such with l the Securities and Exchange Commission under the Investment Advisers Act of 1940, as amended. ICMA-RC Services, Inc, (a wholly owned subsidiary of RC) is registered as a broker-dealer wits: the Securities and Exchange Commission (SEC) and is a member in good standing of the National Association of Securities Dealers, Inc, RC covenants with employer that: (c RC shall maintan administer e Plan in compliance) with the requirementslfor eldigible deferredtcompensation plans under section 457 of the Internal Revenue Code; provided, however, RC shall not be responsible for the eligible status of the Plan in the event that the Employer directs RC to administer the Plan or disburse assets in a manner inconsistent with the requirements of Section 457 or otherwise causes the Plan not to be carried out in accordance with its terms; provided, further, that if the plan document used by the Employer contains terms that 4 - ~I ICMA y Plan 02269 RETIREMENT JI CORPORATION plan docum,ant, RC shall ~z Plan differ from the terms of RC's standardized o riot be responsible fore differingbtermsa in the tEmployer'splan ~a extent affected by document. Employer represents and warrants to RC that: (d) Employer is organized in the form and manner recited and l power nt with in the opening paragraph of this Agreitemes obligationsunder this articigants in the manner authority to enter into and perform Agreement and to acthisr greement. E ecution, delivery, and contemplated t Agreement will not conflict with any law, rule, performance his which the Employer is bound or to which regulation or this contract by it is a party. 5, Com ensation and Payment (a) Plan Administration Fee. The amount to be paid for plan administration services under this Agreement shall be 0.9% per annum of the amount of plan assets invested in the Trust. Such fee ~ shall be computed and paid at the end of each month on plan assets in the Trust at that time. (b) Account Maintenance Fee. There shall be an annual account maintenance fee of $0.00. The account maintenance fee is 1 each year on each account in payable in full on January of January It existence on taable on Ftheafirst sdaytoflithed alendar guar , the fee is pay prorated by reference to the number following establishment and is on the day of payment. of calendar, quarters remaining Services to the Trust. under (c) Compensation for Advisory Employer em acknowlges receivesi feesdifrom the dTrusts fort' investment this Agreementto , advisory services furnished to the Trust. (d) Payment Procedures. All payments to RC pursuant to this Section 6 shall be paid out of the Plan Assets held by the t of Trust and shall be paid by the Trust. The amount as Plan Assets held in the Trust shall be adjusted by the required reflect such payments. 6. custod Employer understands that amounts invesneda in the ccordanceTrustwith are to be remitted directly to the Trust by RC and are not to be remitted instructions provided to Employer 5 i b ICMA Plan ,#2269 RETIREMENT CQRPORAT~QN D .f.- Pia check or wire transfer j6 incorreot-ly--- to RC RC. . In the event that any or transferred to RC, RC is authorized, acting on behalf 4)C labelled k of the transferor, to transfer such chec or wire transfer to the Trust. 7. Res onsiibilxtY onsible for any ants or omissions of RC shall not be resp with the administration person other than RC in connection or operation of the Plan. B. Term This Agreement may be terminated without penalty by either party on sixty days advance notice in writing to the other. 1 9, Amendments and Adiustments J (a) This Agreement may not be amended except by written 1 instrument signed by the parties. (b) The parties agree' that compensation for services and operational under this Agreement be d follows: arrangements may adjusted as RC may propose an adjustment by written letter to the Employer, said notice to be given at least 60 days before the effective date of the proposed adjustment, Such adds before hall the become effective unless, within the 60 day period it does not effective date the Employer notifies RC in writing that accept such adjustment, in which event RC shall be under no obligation to provide services under this Agreement. (c) No failure to exercise and no delay in exercising any right, remedy, power or privilege hoer under eshall operate as a privi. waiver of such right, remedy, power 10. Notices All notices required to be delivered under this Agreement shall be delivered personally or by registered certified at 777 mail, postage prepaid, return receipt requested, 20002-4240; Capitol Street, N.E., suite 600, Washington, D.C, h hereof, or to Employer any other taddress designated by the par y to race ive the same by written notice similarly given. r _ 6 I` ICMA Plan 02269 RETIREMENT 1 ti CORPORATION !F/ZJ 11. Complete Agreement z.. This Agreement shall constitute the sole agreement between// RC and Employer relating to the object of this Agreement and correctly sets forth the complete rights, duties and obligations of each party to the ocher as of its date. Any prior agreements, promises, negotiationtz or representations, verbal or otherwise, not expressly set forth in this Agreement are of no force and effect. 12. Governing Lbw This agreement shall be governed by and construed in accordance with the laws of the State of Texas applicable to contracts made in that jurisdiction without reference to its conflicts of laws provisions. In Witness Whereof, the parties hereto have executed this Agreement as of the Inception Date first above written. CITY OF DENTON byl1CSignature/Date uj - Name and Title (Please Print) INTERNATIONAL CITY MANAGEMENT ASSOCIATION RETIREMENT ORATION by: _ Stephen Wm. Nordholt/Date Corporate Secretary APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTO,M EY rte--~ - BY: AAAOAAEO - 7 - I r - CITY. COUNCIL ' ---a - - - -Mll t r - - T T: - - - - - - O F n ~ppQrQOo 0 7 T. aOQ~Q r U N t °~ooaooocoo°~° - - - - - - H-F b 9 \ 1 i -oat I ' Denton Police Department 221 N. ELM DENTON. TEXAS 76201 h1 E M O R A N D U M T0: Rick Svehla, Deputy City Manager FROM'. Michael W. Jez, Chief of Police DATE; September 10, 1992 RE: Resolution Supporting DARE Grant Rick, Attached you will find a copy of the DARE Grant for FY 92-93. As you are aware, the total cash project is $94,114.00. The local cash contribution is ,929.000 of which the Denton Independent School district has agreed to pay $281000,00 the remaining $28,000.00 in the police departments 92••93 budget. One of the grant requisites is the passage of a supporting, resolution by the gov in o fore then passage of suchcasreslolution as weihaveldonemin previoussyears~ues The acceptance of the grant and passage of the resolution will allow us Co continue sm'' the DART: program throughout the school district, k / r is a0- W V1eV 'I Ghief: of olic ME7R0 834.2520 (817 566•8181 4 1 'i 1 oz AOOO8O p AA q- i5- yz RESOLU`T'ION NO, A RESOLUTION ACCEPTING A GRANT OFFER FROM THE OFFICE OF THE GOVER- NOR IN THE AMOUNT OF $388185 FOR THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SPONSORED BY THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has submitted to the Office of the Governor an application for assistance for a grant of funds for the City's Drug Abuse Resistance Education (D.A.R.E.) Program (the "Projects'); and WHEREAS, the Office of the Governor has approved partial funding of the Project; and WHEREAS, the Office of the Governor has submitted to the City of Denton a Grant offer in the amount of Thirty-Eight Thousand One Hundred Eighty-Five ($38,185) Dollars for the continuation of the Project, together with a Grant Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF DENTON: SECTION I. That the City of Denton hereby accepts the Grant offer and agrees to comply with all of the assurances and condi- tions contained in the Grant Agreement, a copy of which is attached hereto, and the city Manager of the City of Denton or his designee is hereby authorized to execute such Agreement, SECTION II. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of _ r 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:~ y~ -7) ---~+c - - _ T 7 1 ~ I I I S T A T E O F T E X A S OFFICE OF THE C101'I- F:N0R A USTI N, T E X A5 7 r Ar;T W RICHARDS SEO f~ U 1 992 OOVLRNOR Mr. Floyd Harrell City Manager, City of Denton 215 E. McKinney Street Denton, Texas 76201 Dear Mr. Harrell: It is my pleasure to inform you that your grant has been approved to improve public safety in your community. The grant, entitled "Project D.A,R.E,," is for $38,185. This grant award must be accepted within 30 days of the award date provided. Copiescofttnee the pTeaaddrreturn of the essed envelope enclosed No packet, Notice inn the the p along with technical information project directorrandvfinancialmofficerre being sent separately P jec designated in your grant application. Please call the Criminal Justice Division strati512) 463-1919 if you have any questions concerning the We stand ready at all times to do everything we can to help you make your program a successful one. Sincerely, ANN W. RICHA S Governor Enclosures ccs Lieutenant Joanie Housewright Mr. John McGrane Posr OFFICE Box 12.42.8 AUSTIN, RXAS 78711 (511) 40--t000 PrinW on P.rp¢Itd Paper h u tiF: ANN 4V. RICHARUS Direclor Governor ni5' Grlnjinul JEls{icc Uivisiun Stale Of Texas STATEMENT OF GRANT AWARD GRANT NLABER GRANTEE SF-93-511-5446 City of Denton - - - - - - GRANT PERIOD PROJECT TITLE 09101192 - 08/'~I/93 Project D.A.R.E./4 - Grantee Matching Amount of Award Contribution: Total., $38,185 $55,929 State: $38,185 Federal: $0 standard grant of Grant Application. The The approved budget is as reflected grant of Digest is subject to and conditioned in special conditions noted below, rules for administration of grants, and the CJD Finan- cial and Administrative Requirements. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards issued by the Governor's office. The grant usstdonsiioered through the Criminal Justice Division, and you may address specific q Office of the Governor Criminal Justice Division P.O. Box 12428, Austin, Texas 78711 Phone: (512) - 463-1919 GRANTEE REQUEST FOR FUNDS quarterlyhal requesawardasofnS10m000hor leeaB fCopiearof invoicestwill$belsu0bmittedon a basis for , with requests for funds for equipment purchase and construction costs,_ _ I FUTURE SUPPORT Appr the to futureofunding, Anynfuture fun cling shallgbFndetermined bymthe stateoplanounder which to application may be made, all applicable policies and procedures iationmofgfundsby the - Governor's Office, Criminal Justice Division, and the app pr GRANT ADJUSTMENTS as required by Criminal - Grantee shall submit written requests for grant adjustments, Justice Rule No. 3.65, provided with the grant application kit. 1. Special Conditions: a. Procurement & Property Management Standarda. 2, Prior to release of funds the grantee must provide letters of support and cooperation from Denton Independent School District, 3. Reference Notes attached. SEP 0 1 1992 eDS N W. RICHAward Date AN Governor r ~OFFICE OF TnE C ERNOR, CRIN,7NAL JUSTICE 'ISION DIGEST ,T OF GRANT AP ,ON PLICATION REG NUN,BER - 0400 - w_ PROGRAM CA;;- City of Denton - _ SEQUEIJCE 14UN,BCF PRDJECT TITLE 35]l Project D, A, R, E,/ 4 - ~PROJECT PEH;OD - FOUNT RECOMMENDED 09/01/92 - 08/31/9: States Federal t $p 5ESCRIFTI014~- Amount Re7uested: $36, 672 This project will provide continued funding to the city - drug abuse prevention program. D.A.R.E. s an he of Denton for a project a).A.R,E. Education, developed and co acronym for Dru Abuse ROGictance Angeles Police Department, pTheghed by the Los Angeles nifiedgschool Dio" to drug the Los resisting peer Pr4ram include stra.egU for sa school for managing stressswithoututakinggdrugsr 1Apso~uiL9 se]f-esteem and self-assertiveness,~danc curriculum process, after which students are presented factual einformation aboutedru decision-making followed by exercises in using the skills they have learned, The seventeen lesson elementary curriculum will be 9 alcohol use, school curriculum will be tau taughtato all 6th grade atudents and the ten The shorter D.A.R.E. visitation lessons willgbede students in the Denton Schless mile oploDistrict, students, provided to kinder ate 4 n through 5th grade CJ Scppoi•~ --Grantee Federal Cash Cash and State Contribution t R. Personnel Project H. Professional & Contract Services $35 445 $53,]69 C. Travel $88,614 D. Equipment 6;:0 930 E. Construction 640 960 1r55C F. Supplies & Direct Operating Fxp. 1,600 G. Indirect Cost 580 810 H. TOTAL 900 1,450 $38,185 $55,929 904 A. Personnel $94,]14 Two D.A.R.E. officers at $33,493 each or $66,936, plus fringe benefits - C. Travel $21,628, $],550, Out-of-state travel by D.A.R.E. officers to Notional D.A,R.E. Officer's Annual conference D. _auipmeent slide E_ projection system (projector, dissolvo unit, tape recorder, and cart office desk $300. ) $1,300 and F. Supplies & Direct O~eratiy Expense office supplies 5250, and D.A.R.E, student workbooks $1,200. M .e ij G__lndirect Cost Leas than CJD's Indirect Cost Comp tation Table. 14:2°::, scgi:ence No, 3511 06/25/°2 i 4 Special Condition PROCURINENT AND PROPERTY MANAGEMENT STANDARDS 'Phis Special Condition excerpts only those portions of the Procurement and Property Management Standards that apply to Criminal Justice Division Grants, For full details of federal regulations refer to OJP Guideline Manual M7100.IU, Chapter 6 and tc the grants Common Rule Sections .31 through .36. PROPERTY POLICIES Policies and procedures with respect to the acquisition and disposition of property acquired with grant funds must be based on three primary considerations: a) the function of it property in facilitating successful execution of n project; b) the necessity for ensuring that grant funds are I properly used and accounted for; and c) the desirability of minimizing 1 administrative accounting and reporting requirements, All gran tees/subgrantoes utilizing grant funds for the acquisition of property are responsible for establishing and maintaining systems for the effective management of such property. Definitions. The following definitions apply: 1, Personal Property, Personal property means property of any kind except real property, It may be tangible (having physical existence) or intangible (having no physical existence, such as patents, inventions, and copyrights), 2. Nonexcendable Personal Pmpertand _ uj ment. Tangible personal property having a useful life of more than one year and an acquisition cost of $500 or more per unit. A grantee may use its Y _ own definition of nonexpendable personal property provided that the definition would at least include all tangible personal property as defined above, 3. Criminal Justice Division Grantees; will use, manage, and dispose of equipment acquired under s grant in accordance with state laws and procedures provided that the procurements conform to applicable federal law and the standards identified in the Procurement Standards Sections of the Grant Common Rule. PROPERTY MANAG1 4 ENT SYSTEMS Property management systems should cover the acquisition, use, disposition, and replacement of all equipment, A. Acquislt3on. Grantees az,e required to be prudent in the acquisFion of equipment. Careful screening should take place to "C k9, FY '92 Reissued March 1992 1 r r; ._..C- insure that proposed equipment is necessary and that the nod ~ cannot be met with equipment already in the possession of the grantee. CJD approval is required for all equipment purchases, 1, Grantees should be aware that the cost associated with the acquisition of equipment may be disallowed if a determination is made that the equipment purchased was unnecessary for the successful execution of the grant project. 2. Grantees should maintain property records on equipment purchased in whole or in part with CJD funds. These property records are to be made a part of the official grant P-4 records and moist be available for review by authorized personnel. 3. Crant records should contain copies of the purchase order and invoice. 4. Loss, Damage or Theft of Equipment: Gran tees/ subgrantees are responsible for replacing or repairing the property which is willfully or negligently lost, stolen, damaged or destroyed. Any loss, damage, or theft of the property must be investigated and fully documented and made part of the official grant records, In the event of loss, damage, co. theft, the Criminal Justice Division shall be promptly notified. B. Use, 1. A grantee shall use equipment acquired under a grant in 1:. accordance with state laws and procedures and the use should meet the following requirements, a. Equipment must be used by the grantee or subgrantee in the program or project for which it was acquired as long as needed, whether or not the project or program continues to be supported by federal funds. When no longer needed for the original program or project, the equipment may be used in other activities currently or previously supported by a federal agency, b, The grantee or subgrantee shall also make equipment available for use on other projects or programs currently or previously supported by the federal government, providing such use does not interfere with tine work on the projects or programs for which it was originally acquired. SC 199, VY 192 Reissued March 1992 2 T r q I N0 W ay C. Notwithstanding program income, the grantee sha g6t use equipment acquired with grant funds to provide services for a fee to compete unfairly with private companies that provide equivalent services. d. When acquiring replacement equipment, grantee may use the equipment to be rc-pl:iced as a Irncle-in or sell the equipment and use the proceeds to offset the cost of the replacement equipment subject to the approval of' CJD. 2. During the time that equipment purchased with CJD funds is used for the project purpose, the following minimum property management standards must be met, a. Properly records shall be maintained accurately and an inventory listing should include; ( I ) it description of the property (2) manufacturer's serial number, model number, or identification number (3) acquisition date (4) location and condition of the property (5) total acquisition cost to reflect: (a) CJD funds (b) Grantee's cash match funds (6) Any ultimate disposition data including the date of disposal and sale price ' 3. A physical inventory of property shall be taken and the results reconciled with the property records at least once every two years. Any differences between quantities determined by the physical inspection and those shown in the accounting records shall be investigated to determine the causes of the difference. The g-nintee shall, in connection with the inventory, verify the existence, current utilization, and continued need for the property. 4. Adequate maintenance procedures shall be implemented to keep the property in good condition. 5. Where the grantee is authorized or required to sell the property, proper sales procedures shall be established which would provide for competition to the extent practicable and result in the highest possible return. C. Disposition Grantees shall dispose of equipment acquired under a grant in accordance with state laws and procedures and shall adhere to the SC Wo IOY '92 Reissued March 1992 3 w following disposition rec(wire property: menu 11 Oil nonexperrdabk: perso I At the termination of the want submit an inventor period, e the grantee shall expenditure report yfor kill t egslip;ment attachment items toha sedfinal e 6n'ant if CJD funds were used to Purchase any part of tthhose items, (Sce sample form attnched•) 11'he total cost ofor the inventory should reconcile f in the 0(10 ;)ment to the total amount reported category of the final expenditure report. 1 Equipment budgeted and Paid in total with grantee funds do not require an inventory report. Grantees should also include recommendations as to the future use and disposition of the equlpment. 2. Upon receipt of the above inventory report, the Criminal Justice Division will advise the grantee with-in 90 days as to the determination regarding the future use of the equipment. a. A grantee may tine nonexpendable personal with a unit acquisitlon cost of leis then $1P000efor other activities withollt reimbursement to L'$1 or sell the property and retain the proceeds, l tr A grantee may retain nonexpendable personal property o.vitothehr a usuesnitpacquisition cost' ost of $1,000 or more for rovided that compensation is made to CJD. The amount of compensation shall be computed by applying the percentage of CJD participation in the cost of the original project or program to the current fair market value of the property. c. If the grantee has no need for the property and the property has further use value, the grantee shall request disposition instructions from CJD. CJD shall issue instructions to the grantee no later than 120 clays after the grantee's request, and the following procedures shall govern: ~1) If so instructed, the grantee shall sell the property and reimburse CJD an amount computed by applying to the sales proceeds the percentage of CJD participation in the cost of the grant. However, the grantee shall he permitted to deduct and retain' etain from the CJD share $1o0 or 10 percent of the proce(Ids, whichever expenses is greater, for (he grantee's selling and handling , SC k9, Illy ';)2 Reissued March 1992 following disposition requirements for nonexpondable persoqai property: 1. At the termination of the grant period, the grantee shall submit an inventory report as an attachment to the final expenditure report for all equipment items purchased for the grant if CJD funds were used to purchase any part of those items. (See sample form attached.) The total cost of the inventory should reconcile to the total amount reported in 0,- equipment category of the final expenditure report. Eqi"dment budgeted and paid in total with grantee funds do riot require an inventory report. Grantees should also include recommendations as to the future use and disposition of the equipment. 2. Upon receipt of the above inventory report, the Criminal Justice Division will advise the grantee within 90 days as to the determination regarding the future use of the equipment. a. A grantee may use nonexpendable personal property with a unit acquisition cost of less than $1,000 for other activities without reimbursement to CJD or sell the property and retain the proceeds, b. A grantee may retain nonexpendable personal property with a unit acquisition cost of $1,000 or more for other uses provided that compensation is made to CJD. The amount of compensation shall be computed by applying the percentage of CJD participation in the cost of the original project or program to the current fair market value of the property. C. if the grantee has no need for the property and the property has further use value, the grantee shall L request disposition instructions from CJD. CJD shall issue instructions to the grantee no later than 120 days after the grantee's request, and the following procedures shall govern: (1) If so instructed, the grantee shall sell the property and reimburse CJD an amount computed by applying to the safes proceeds the percentage of CJD participation in the cost of the grant, However, the grantee shall be permitted to deduct and retain from the Cell) share $100 or 10 percent of the proceeds, whichever is greater, for the grantee's selling and handling expenses. SC A9, Fy'112 Itcissued March 1992 4 h POV r, 2 to ship the~~ -lAl (1) If the grantee is instructed aencies needing the 6 property to other mbu property , the granlce shall be reirsed by t hl benefiting agency with an amount e ltofh the computed by applying the percentag the grantee's participation in the cost of ent project or pro tram to the cll ranyfaieas Gable value of the property, pIlls Shipping or interim storage costs incurred. shall be (3) If the grantee is instrthee grantee o yr dispose of the property, reimbursed by CJD for such costs incurred in its disposition, equipment is required °nP t is A biennial equipment iesnf $1 000. Phis leguirem the in excess of , will, a unit cost after t r two years thecgrantee for audit applicable beginninl grant period and should be retained by purposes. Reylacement of F>RRe°t 1 000 or serviceable but the grantee ervice ble c criminal justice When an Stem of eut efficient ~tor an more is no longer the equipment to Its,ty through trade- continues to need ro e1l activities, tite reelpient may repla o ethe rtyl, Provided the following in or sale and Purchase of new P P requirements are met, permission of CAD to use into the i Grantee:, must obtain the written ui, t,on the provisions of this or ltrade-in Of entering g negotiation for the rep r o ert is a trade- be property, if the P V ' P Y Sit, must be related to its fair market value- 2. be purchased soon after the sale to show 3, The equipment must are related. that the sale, and Purbe Po disposition of such ec ui pment is not a equipment will be Replacement of i l Interest in the The CJD share of equipment and CJe uted as follows: tran replacement equipment, sferred to the the replacement e(WiPment steal} be comp e original e muitioled The proceeds from the sale of th h a the amoli ntD cshare d(Perce r ntageade-)ill Producematdolla by the amount, Sc Nil, l~Y " 2 i Reissued March 1419 `l b. The, percentage ratio of the dollar amount to the total/2,~ purchase price of the replacement property shall be the C.1D share of the replacement property. 5. The replacement equipment will be subject to the same instruction on use and disposition as the equipment which is replaced. 6. Replacement property must nerve the same function as the original property. RETENTION OF PROPERTY RECORDS Records for equipment, nonexpendable personal property, and real property shall be retained for a period of three years from the date of the disposition or replacement or transfer. SC 'd9, VY '02 Reissued March 1992 6 \4 1 h. The percentage ratio of the dollar amount to the total 4 ~ purchase price of the replacement property shall be l/ the CJD share of the replacement property. 5. The replacement equipment will be subject to the same instruction on use and disposition as the equipment which is replaced. 6. Replacement property must serve the same function as the original property. RETENTION OF PROPERTY RECORDS Records for equipment, nonexpendable personal property, and real property shall be retained for a period of three years from the date of the disposition I or replacement or transfer. SC N9, FY '92 Reissued March 1992 6 PROPERTY INVENTORY GRANTEE: GRANT NUXBFR: SEE INSTRUCTIONS ON REVERSE SIDE SERIAL GRANTEE'S TOTAL CJD GRANTEE'S NUMBER INVENTORY NO. COST FUNDS MATCH FUNDS QUANTITY DESCRIPTION V ti TOTAL COST $ $ $ xxxxxx XXXXXXXXXXXXXXXXxxX The above-listed equipment is to be used for the successful continuation of the grant project under which it was pur6ha6bd C i or will be used to continue other CJD-funded projects List those project(s) and grant number(s): . 3 U I hereby certify the above-listed equipment will be accounted for in accordance with the provisions of the o o Rule, Section 31 through 34, the Governor's office, Criminal Justice Division, and all items costing in exc ss ofd $1,000.00 will. be inventoried every two years by this agency. DATE: _ - U1 Financial Officer Reissued FebrJar til i I d Instructioni+ for Completing Property Inventory Form 1. The property inventory form is to be filled out and attached to the final CJD Expenditure and Status of Funds Report. It should be typed or printed. 2. SERIAL NUMBER Manufacturer's serial number 3. GRANTEE'S INVENTORY NUMBER Inventory number assigned to this item on the grantee's own books. i 4. TOTAL COST Total actual cost of the item as invoiced. Do not use a budget figure I' unless it agrees with the invoice. 5. CJD FUNDS This amount is that part of the total cost provided by the grantee. 6. GRANTEE'S MATCHING FUNDS This amount is that part of the total cost provided by the grantee, 7. DESCRIPTION Describe as completely as possible the item within the space permitted. B. The total of all entries in the TOTAL COST column and in the CJD FUNDS column must agree with the equipment expenditures reported in the final Expenditure and Status of Funds Report. SC 09, FY '92 Reissued March 1992 B RF.F'EREICI; h0'CES 6 including _ ements I,l and required grantee. ~CxltrtiEnlliun,luwstr t tut ColllmedsforaUf}def (lill3111(l f1h IGfa AdItm2 ullflldsi,Cnlpllhrdrse Division lOn Gmt'nt Standards as with the published grant ' G1)), the Govcrmlr's Orrice and with C3D financial and I application kil. Included in those standards are Office of Management andlBudge( (ON B) Cir crlar- r~r~n c is Cost Principles for Slate and Local Governmcnts, and C( mnlon Rule, for Grants-in-Aid to Swe and L,c:al Governments, as referenced herein. THE GRANTEI; SHOULD GIVE SI'F,CIAL ATTFINTION TO 'HIOSE, REFERENCES WHICH ARE CIRCLED BELOW as they have parlicular significance to this grlru and may require supplemental information or documentation. OMB A-87, Attachment B, Vern C. 1. 1, Automatic Data Processing I:yuipment 2, Building Since and Relaled Facilities OMB A-87, Attachment B, Item C.2. 3. Insurance and Indemnification OMB A-87, Aliachmem B, Item C.4. ONIB A-87, Attachmenl B, Item C.6. 4, Prulgrecnwnt Costs OMB A-87, Attachment B, Item C.8. 5, Proposal Costs (I Professional and Contract Services OMB A-87, Attachment B, Item C.7 arid C.11) Financial and Administrative Requirements. OMB A•87, Attachment B, Item B-10 and CID Compensation for Personal Services Financial and Administrative Requirements, Employee's Travel Expenses OMB A-87, Attachment B, Item B-28 and CJD Financial and Administrative Requirements. OMB A-87, Attachment B, Item B-4 an G g, Audit Financial and Administrative Requirements. r Common Rule, Section 25, and CJD Financial Program Income and Administrative Requirements. I ! Procurement Standards Common Rule, Section 36, and CJD Financial and Administrative Requirements. Common Rule, Section 36, Item (h), and CJD 12. Bonding and Llsururce Financial and Administrative Requirements. Revised July 1992 1 1 1 i CITY r.~ COUNCIL I I 1 I I I _ oooooaooaQaQ~po. LLB ~ O C j . V.. ~ OQOFro egb~p- OOpp'' a N Y e + OCbb p~~QQrnr, I , _ r 1 1 CITY COUNCIL boo FN~DOO_ 0 ooo°°~~oao of, c U ao- O dF a O O ooo~~~~ 0 U Q O U G O G X000 T T. Hill 111-tiff fff+fil h I mcrr A Zs # Via- RESOLUTION NO, / :P11 A RESOLUTION REQUESTING THE TEXAS MUNICIPAL LEAGUE TO ADOPT A RESO- LUTION TO AMEND TEX. GOVT CODE ANN. SEC. 70,481 ET SEQ, PROVIDING FOR THE APPOINTMENT OF MUNICIPAL COURT OF RECORD JUDGES; SUPPORTING CREATION OF A MUNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City council of the city of Denton supports the creation of a Municipal Court of Record for the City of Denton; and ' WHEREAS, the City Council of the City of Denton is of the opin- ion that the best interest of the citi%ens of the City of Denton would be served by a provision in State law which would authority to the governing bod provide Municipal Court of Record; and for appointment of judges for a WHEREAS, the City Council of the City of Denton desires to sub- mit a proposed resolution to the Texas Municipal League seeking its support for amendment to the TEX. GOVT, CODE ANN. Sec. 30.481 et seq. to allow a governing body of a municipality to appoint judges of municipal courts of record without requiring the qualified voters of the municipality to vote an the question of election or appointment of said judges; NOW1 THEREFORE, + THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: li SECTION 1. That the City of Denton, Texas, supports the creation of a Municipal Court of Record for the City of Denton. SECTION II. That the City of Denton, Texas, requc3ts the Texas Municipal League to adopt the resolution, attached hereto, provid- ing for the appointment of municipal court of record udges by the governing body of a municipality by amendment to the general law providing for the creation of municipal courts of record contained in TEX. GOVT CODE ANN, sec, 30,481 et seq. SECTION III. That the City Attorney is hereby directed to for- ward a copy of this resolution to the Texas Municipal League, SECTION IV. This resolution shall take effect immediately from and after its passage, PASSED AND APPROVED this the day of 1992. BOB CASTLEHERRY, MAYOR y A ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY ~ I Ely : r I~ Page 2 1 ~Nl tmlttrd.res ~1 1 h;ir;ed P;r,, li~oC `c~z9 SUPPORTING REVISION RESOLUTION OF THE TEXAS PROVIDE GOVERNMENT CODE FOR THE APPOINTMENT OF MUNICIPAL COURT OF RECORD JUDGES BY A CITY'S GOVERNING BODY WHEREAS, thc; creation of mun.ici efficient means of disposing cases courts Of record eases the volume Of cases provide a mote higher requiring hearing in municipalities and jurisdiction; and 9 on appeal in courts of WHEREAS, municipalities may presently create record pursuant to TEX. GOVT CODP ANN, municipal courts of upon holding of an sec, 30.481 et seq. the judges election to determine the method of selection of. the of municipal courts of only record; and WHEREAS, the Texas Municipal League s of the opinion the court i establcreatiioshpro n munceicsipawould be expedited and more municipalities would sl courts of record if the elected governing body of a municipality was allowed the authority to determine the method Of selection of the judges Of the municipal courts of record• WHEREAS and the , appoin'-ment of judges to municipal courts of records by governing body of a municipality would ensure selection of quality judges to serve in these capacities; NOW, THEREFORE, AE IT RESOLVED by the 1992 Annual Conference of the Texas Munidcipal League that the Texas Munici legates assembled at this sec. 3pal League support legislation amending TEX, GOVT CODE ANN, with 0.481e seq. to provide governing bodies Of and determine authority t create municipal courts of municipalities record nance the method of selection of murlic p Judges without requirin al court ofdicord vote on the question ofgelectingeorvaters in the municipality to municipal court of record, ppointin9 the judges of the PASSED AND APPROVED by the membership of the Texas Munici this - day of pal League Texas, 1992 at APPROVED; ATTEST; h - - t -COUNCIL - - - - - - - - T T-T r - - - - - - - - - - - - - - - - - - T a - - - - - - - - - - - - - - - - - - - - - - - - - - TITTT 000°0°ooaooo~ooo 0 NA om, _ O G ti P per.. - ~~OdF ~q OO4R, .000 rU N Y 6*Q~` °~aar~aaacoooo° - 1 Natlonal 1301 Pennsylvania Avenue N.W. ~E1J ~6V~ fi ii Leegus Washington, O.C. r a E la - - Comm ss onol UnanJo E~yiA~ a l\ ~/f 01 20004 CAN$ (202) 626.3000 (/0 frfl Vme PrOSMenI Fax' (202) 626.3043 Mna d M Fraser August 5, 1992 Ma,vr M nnedvtl f M n, uwta Sr-one l'Ce Pms¢renr Sn.upe James y t~,fl[! $laaenya o/ J ,or. Nel,a,k. rhr.r Jersey jy NOBAND V So Past Pms uenr Ddrlrie'An'Y ,I 1916'. Nen Gdeans. lous1,03 c.,"rno V,,eou, FkmaU~l.DOrul To; City Clerks of Direct Member Cities Donald J. Borut, Executive Directo From; Subject: Annual iCongr ssoof C`,ilies, November 28 - December 2, 1992 New Orleans, Louisiana The National League of Cities' Annual Business Meeting will be held Tuesday, December 1, 1992 at the Congress of Cities in New Orleans, Louisiana, Under the Bylaws of the National. League of Cities, each direct member city is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting, The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which wil! be foarded to Nh C's Credentials Committee, NLC s Bylaws expressly prohibit voting by proxy, designated voting delegates must be present at the Annual Bus! iess Meeting to cast the city's vote or votes, To enable us to get your credentials in order and to provide your voting delegates with proposed National Multi ' pa 1 f is amendments and proposed Resolutions umprior foto the NLC Congress of Cities, we ask that you return the WHIT ' copy of the p on or before October 2, 1992, A pre-addressed envelope is attached, Upon receipt of these names, NLC will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting, To assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward (he YELL, W copy of the credential form to your state league office and keep the I'INK copy for your records. if you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020, Josl p noldfCo r'c no lrra at le'.y Ih' i%COk%a rr olnAlon: lHarrison n rK a no re eTenr. t-re , r'er OaINr iCenk omn Ahur. ll Gry oy As1 21 1 n dl, Pua Im ai ga•IAS ryt 1 n C alro',Iepnll 0, ~u; Tom apol ins AI, C a ran ! • Ford Ashe oI1nm . . nsan I r n s • Jame V. eurpeu, JrF , l u c D cY r Ceorg a n u 4 old r 519 ll Pe. Su rr- is Ca hnJ • Ww Chrnt, Gaual l • WI JONWt L,Adtm6 MCoass tuas~Ip0~ e ' m muef bm U m Nannlleh ls euulCylocN l Esnsoeul.c Vl Ore ow VAaht, lah leapt e sl C MC RlM em our/. Jackson 110W rmr. Jf. Mayor Augmla Mane • Jon C. . au/tall , I &:&.r O ,eC,or Ma yand ldeck ,ra Lea)!" ' PtIrIelsCaallllo, New harKo • Wry D. C6ta,,layor. Deer^v GreJ'vr • John 0. Curran, C a, Co, rr u Prosdent ftarc nr. Nwr'wll' ' 941h 1906Mlit owls, AUorrra Cars l6n lv~ 5' Thomu U. F11 rnmona, [.eculne Weu,v,l'hrgs Munc•pal Feaguo•fsadln alpwn, Akiernan Nmin lu c Flock Art V Is. aardost alllaaplo, Cc~,n<dPesaenr Oay ud ana rVilI poWbsum, eunc'vam; . .Mouesofa' r nn We D eeo e Ur i , oil s o May dun~~ Ito tea oath JaMny - ffob.0U M[np: • Dharlat K. Huama Mayo' nanes!er William Jarockl, p o ,W M 0try Mtri4 nwn AN Mc sl0. a,,, At,a C=anedr6 Prepa. Marne u , c .ado dand,6 Malt? Wchla Kansas • AAS~ ator T. MMJand Mayor Pbo7rbana na. fm • Wry hlur, Mayor Ab~icnn, Terns ' Mayan gObiloodorf, nal, N, ,laic, M;a)r a Oe 11 y,ry a . • Judi lh P Olta A% Counr b r,W e s s:on M M ChaHaa J. f'tw Qxulan LTpc10, fnunr an,mA ~Alun¢.par Assoc atmn • E41naA Pfah9nl Ca ram em M, CeJV Fals. Iona • BtrWn PICkAH Mayor Pro Te, ternp6sMnabrrt, in cun,rs ArVOna air & y'•.• hwo ~ G at Yenna ~ lilel)Varp a Dorl♦ Ward S,F WIII Ssn6dOrrodOh r(rnun ~re • WolIIn91oto Now Ida DanUem c%T oi, ~0o • Mary 1'ou Wlkas,JCn,cd a • Paul E. thornlon, q n a • • F11111atlnt R, Wilkins, emi,,ot man Mus':eyon He ynts rd cn 9a0 • Alles N, Wolf, Mayor Ci rural Massxh. eus • RoWrt 0, riun9, Jr., Marm. Henoorun Nona 3"1", necycied Parv y.. +CITY COUNCIL . oQpo~~oaoQO X000 - n c o d . O d - . O a p 1' ooooO~pU ° N 1 s p0~~oo 000000rfq\ 4 pij ric!ii hlo..._.._JGS CITY COUNCIL REPORT le,, f TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Request to allow amplifiers and musical instruments at Civic Center Parts on Sunday, September 20, from 11:00 a.m. to 4:00 p.m. for the City's Employee Picnic DATE: September 15, 1992 RECOMMENDATION: To grant an exception to allow amplifiers and musical instruments at Civic Center Park on Sunday, September 20, from 11:00 a.m. to 4:00 p.m. for the City's annual Employee Picnic. j BACKGROUND: 1 The City's annual Employees Picnic is scheduled for September 20. As has been the custom in years past, a hand will play during the event. Although there have not been complaints in the past, the City wants to be in compliance with its own noise ordinance. The annual event is for all City of Denton employees and their families. There are games and activities for children and food for all in attendance. As the City Council is aware, the City's noise ordinance is in effect from 10:00 p.m. to 7:00 a.m. The Code of ordinances also states that the "operation of a loudspeaker, amplifier or musical instrument at any time on Sunday" is a noise nuisance. However, the Code goes on to state that "the City Council may make exceptions upon application when the public interest will be served." (Chapter 20 Nuisances, p. 1389) Staff respectfully requests that the City Council grant an exemption to allow the usual use of amplifiers and musical instruments during the Employee Picnic. If complaints are received, the Police Department will notify staff at L•he event to ameliorate the'situation. Please advise if I can provide additional information. RESPECTFUL Y SUBMITTED, Lloyd Harrell City Manager 7 INFORMATION FROM COUNCIL MEETING OF 9-15-92 I move to reconsider the vote taken at the work session last Tuesday, Sept. 8 that denied a pay raise to the police and fire departments men and women who were at the top of their pay range and steps, If this motion receives a second, I would like to speak to t'.iis motion and the reasons for it. ~ Until and unless these men and women are promoted to the command ranks, they cannot receive any pay raise or additional compensation. With the low turnover in these departments, these employees are effectively frozen. We cannot foresee within the 192 or 093 budgets a full implementation of the Mercer Pay Plan at which time those particular positions would receive a market adjustment, as it will take some time for our tax roll to grow with the numbers needed for this market adjustment. For $30,573 we can address this inequity. These officers in these specific positions mentioned are those who have been with the police and fire departments the longest, yet must wait until a promotion into the command ranks to receive any additional salary. And these are the men and women who we cannot afford to lose to other cities because we have stifled the pay' raises. These men and women represent our officers with the highest number of years training and give maturity to the depart- me%ts, officers in these two departments are among those employees of our c with ity in the most visible positions, our citizens expect us to deal hem Civil tse vi ei laws asian excuse to withhold this expects s to use pay y raise. Additionally, I feel we would be fostering an inequity between two groups of city employees, and the effect would be the lessening of the commendable team spirit with which we had heretofore seen in our employees. I cannot buy the argument that this was a management decision and not a policy decision. Every week that we meet we make decisions affecting the expenditure of city funds, not all of which have been recommended by management. In this case, our staff had recommended no pay raises. We had to make certain decisions regarding certain funds, fees, etc, to free up the money for raises, since Council, not management, made this decision, we cannot have expected the manager to recommend that this small group of affected employeea would get a pay raise. This motion, if passed, will not unfairly affect other employee groups. Under our previously discussed plan the pay raise over a period of Jan. to April of 1993 would average out at about 1.62% over the total range. This $30,573 for police and fire would average out at 1.5% for these officers who are at the top of their range with no further increase possible until they are promoted into the command ranks, which can only be accomplished when an officer leaves, retires or dies and opens up a position, T 9 INFORMATION FROM COUNCIL. MEETING OF 9.15.92 September 15,16192 To City Council, City Manager, 'T'exas Dept of fransporttit ion ; this letter is a i:incere thankyou from the Neptune St. residents. 11,10 especially would like to thank Marparct Smith and Dr. Harold Perry For thier offorts in hclpin,¢ us pursue a solution to our problem. We also thank Rick Svhela for taking time from his busy sc'n;dule to work with us and help us go in the right direction. OUr thanks finally go to Ruz Tilsom who lot us know what our options were and what could he done, r '111trnks to al] of these pooNe we will now have protection from noise. and traffic, a nice vAll between our homes and Loop 288, It only goes to show that we don't have to fight city hall, but we can work with them to solve problems for the rood of n]] Sincerely the Neptune Street Ilomeownc~rs, Prosentecl by Mrs, Cecil Rnugus i