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HomeMy WebLinkAbout10-06-1992 0 AGENDA CITY OF DENTON CITY COUNCIL leje l f~~ October 6, 1992 - Work SessJ.on of the City of Denton City Council on Tuesday, October 6, 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: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 5:15 p.m. 9 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider demand in claim of Charlene Rodgers. 2. Discuss action in Waste Management v^_ City of Denton. I 3. Consider intervention in Dallas County Park Cities Municipal Utillty District v. Cityaf Wallas and City-of Grapevine. 4. Consider action in Paul Iwuchukwu v. City of Denton. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. Discuss personnel matters and duties of the City Manager, the City Attorney, and the Municipal Judge as related to the operation of Municipal Court. 2. Receive a report and hold a discussion regarding a presentation from Carter & Burgess on the renovation of the Civic Center Swimming Pool. Regular Meeting of the City of Denton City Council on Tuesday, October 6, 1992 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 7:00 P.M. 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Meeting of September 1, 1992, the special call Session of September 8, 1992, and the Regular Meeting of September 15, 1992. 3. Citizen Reports A. Receive a citizen report from Carl Young regarding redistricting. c I i City of Denton City Council Agenda h.p nrr,i October 6, 1992 Page 2 B. Receive a citizen report from Laronda Schrader regarding a City policy for electric employees. C. Receive a citizen report from Joe Dodd regarding cablecasting of City Council meetings. 4. Public Hearings A. Hold a public hearing and consider adoption of a specific use permit on a 1600 square foot tract of land located at ' 119 Avenue A for the purpose of the Delta Chi Fraternity Meeting Hall and Offices. (The Planning and Zoning Commission recommended approval 7-0 at their meeting of August 26, 1992). Z92-020 5. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchases orders to be approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 6.A, 6.B, 6.C, 6.D, 6.E). 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, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid #1420 - Distribution Transformers 2. Bid #1413 - Hobson Line Drainage 3. P.O. #85491A Black and Veatch 4. P.O. #85491B - Black and Veatch 5. P.O. #26844 - Southwest Electric Company 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 #1420) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.2. - Bid #1413) f. City of Denton City Council Agenda 1; ,"s '"W"' October 6, 1992 Page 3 C. Consider adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (5.A.5. - P.O. #26844) D. Consider adoption of an ordinance authorizing the City g Manager to execute Amendment 2 to the agreement for engineering services between the City of Denton and Black and Veatch, Inc., for the Lake Ray Roberts Hydroelectric project. (5.A.4 - P.O. #854918) ~I E. Consider adoption of an ordinance authorizing the City Manager to execute Amendment Number 3 to the agreement for engineering services between the City of Denton and Black and Veatch, Inc., for the Lake Lewitiville Hydroelectric Project. (5.A.3 - P.O. #85491A) F. Consider adoption of an ordinance establishing a program to promote local economic development and to stimulate business in the city and approving an economic development grant agreement with PACCAR, Inc. G. Consider adoption of an ordinance amending the schedule of electric rates; adding new General Service Large (GSL), General Service Small (GSS), Experimental Weekend (EWK), Appliance Rebate (APR), Air Conditioning Cycling Rebate (ACR), and Voluntary Load Reduction (VLR) rate schedules; deleting the General Service (GS), Large Primary (LP), General Service Primary (GP), General Service Primary Time of Use (TGP), and Large Primary Time of Use (TLP) rate schedules. A H. Consider adoption of an ordinance amending the schedule of rates for water service; adding a new Adopt-A-Spot rate schedule; deleting the intragovernmental. water service not connected to sewer rate schedule. I. consider adoption of an ordinance amending the schedule of rates for wastewater service; adding a new Commercial/ Industrial Wastewater Service to users without City of Denton Water service (SCN), Residential Wastewater. Service to Users Outside of Denton Corporate Limits with City of Denton Water Service (SRW), and Commercial/ Industrial Wastewater Scrv.ice Outside the city of Denton Corporate Limits with City of Denton Water Service (SCW) rate schedules; and deleting the Residential Wastewater service to Users Outside of Denton Corporate Limits (SR1q) rate schedules. / 1 n City of Denton City Council Agen~]a r. - October 6, 1992 Page 4 J. Consider adoption of an ordinance establishing rates for residential and commercial sanitation collection services as authorized by Chapter 24 of the Code of ordinances of the City of Denton. K. Consider adoption of an ordinance establishing rates for the use of the City's Sanitary Landfill site for the disposal of tires and "special waste" as authorized by w Chapter 24 of the Code of Ordinances of the City of Denton; and establishing requirements for acceptance of a tires at the landfill. L. Consider adoption of an ordinance prohibiting the parking of vehicles on both sides of Grove Street from its intersection with Vine Street to its intersection with Frame Street and on both sides of Nottingham Drive from its intersection with University Drive to its intersection with Mingo Road. M. Consider adoption of an ordinance approving a supplemental agreement No, 01 between the City of Denton and the State of Texas for installing traffic signal controllers within the city of. Denton at the intersections of 135E and Avenue D and U. S. Highway 377 and Acme Street, N. Consider adoption of an ordinance amending the fees charged by the City for inspections by health inspectors; and repealing all ordinances in conflict herewith. 7. Resolutions A. Consider approval of a resolution approving the sublease of airport property by Fox--51 Limited, to Blakey Engine Service, Inc. and Wilke Associates, Inc. (The Airport Advisory Board recommends approval.) B. Consider approval of a resolution declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in the hereinafter described land situated in the W. Neil Survey, A-907, the I. Hembrie Survey A-594, the J. McDonald Survey A-873 and the J. W. Kjellberg Survey, A-1610; authorizing the city Manager or his designee to make an offer to the owners of the property and if the offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of extending a runway at the Municipal Airport by the City of Denton, Texas. r City of Denton City Council Agenda h a-;l.+ll":m.... _ October 6, 1992 q~ Page 5 /G___ r~ ~ C. Consider approval of a resolution declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in the hereinafter described land situated in the William Wilburn Survey, Abstract No. 1419; authorizing the City Manager or his designee to make an offer to the owners of the property and if the offer is refused, authorizing the City Attorney to 9 i institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of extending a runway at the municipal Airport by the City of Denton, Texas. r~ D. Consider approval of a resolution declaring a public necessity exists and finding that public welfare and convenience requires the taking and acquiring of a fee simple interest in the hereinafter described land situated in the J. Scott Survey, Abstract No. 1222; authorizing the City Manager or his designee to wake an offer to the owners of the property and if the offer is refused, authorizing the City Attorney to institute the necessary proceedings in condemnation in order to acquire the property necessary for the public purpose of extending a runway at the Municipal Airport by the City of Denton, Texas. E. Consider approval of a resolution authorizing the City Manager to execute Amendment No. 1 to a grant agreement between the City of. Denton and the. United States of America Federal Aviation Administration, changing the project number. F. Consider approval of a resolution temporarily closing Gatewood Drive between Lafayette Drive to Ticonderoga Street on Saturday, October 31, 1992. G. Consider approval of a resolution supporting the North Central '.Texas Council of Government's policy position on pursuing a decentralized vehicle Inspection and maintenance program. H. Consider approval of a resolution authorizing the Mayor to execute an agreement between the City of Denton and County of Denton for the provision of library services. 8. Consider appointment of Advisory Board Members. 9. Miscellaneous matters from the City Manager. 5r r City of Denton Cit '~)onda p!o y October 6r 1942 y Council Agenda Page g +~~~et.ri,r 1!em 10, Official G Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 11. * I New Business This item provides items for a section for council Members r future agendas, to su °r ggest 12, Executive Session: I A. Legal Matters Under Sec. ?.(e), Art, B. Real Estate 6252-1'1 V•A.T.S, Under Sec. 2(f), Art. G252-17 V.A.T.S. C. Personnel/Board Appointments 6252-17 V,A,T,S, Under Sec. 2(g)+ Art. NOTE: THE CITY C EXECUTIVE SESSION AT OUNCIL RESERVES THE LEGALLY PERMISSTBI,E, ANY TTME REGARDING RIGHT TO ADJOURN INTO ANY ITEM FOR WHICH IT IS I certif C E R T T F I C A T E bulletin y that the above notice o the board at the Cit f meeting was Y Ha11 of t posted on t}ae (p m-~ --_-__daY of the Ci 1992 at y of Denton, Texas SIT' SLECREI'ARy_- - - NOTE: '1^IiE CITY OF COUNC ACCORDANCE WDITHrTHE AMERI ANSTWITH DISABILITIES ACT, AMBERS IS ACCESSIBLE IN CITY WILL PROVIDE SIGN HEARING IMPAIRED LANGUAGE INTERPRETERS FOR THE ADVANCE THE SCHEDULED F REQUESTED AT LEAST 48 THE ADVANCE OPLEASE CALL TOURS IN SECRETARY'S OFFICE AT 566•-8309 OR USE TELECG'MMUNIC DEVICES FOR THE DEAF (T [)D) CITY THAT A SIGN LANGUAGE INTERP BY CALLING 1-800- ATIONS \ THE CITY SECRETARX+S OFFI(, ^RETER CAN BE A~CHF,bIJREnAY-TX SO E, THROUGH c ACCOUOBB r. 1 C~ 1 .CITY -COUNCIL 7f i I TT • oUQp0po000p ~~0.. OO~O` { ~ DO~ppp 0 - P a v . O O m O. oov00o0 to s ~ OQOOJOno ~GOO~GOOQ , y4 . _ r _ s CITY oI DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Lloyd V. Harrell, city manager FROM: Sandra White, Municipal Judge Harlan L. Jefferson, Director of Treasury Operations/// ov, DATE: October 1, 1992 ~ d SUBJECT: UPDATE ON MUNICIPAL COURT PROCEDURES { This is the fourth Municipal Court update report regarding the recent changes in the Court in which Judge White and I have collaborated. The format of the previous update reports was designed to address the recommendations of the Municipal Judge, (i.e., the recommendations in the Judge's February 14, 1992 memorandum to the City Council). Since we have satisfactorily addressed all the recommendations within our area of responsibility, this report will only discuss the overturn of the Harvey Martin case and the Municipal Court revenue shortfall. our evaluation is as follows: A. 0VER77JRN OF HARVEY MARTIN CASE The Texas Court of Criminal Appeals overturned the Harvey Martin Case. This case along with Gordon v. State and Curry + v. State farmed the basis for believing that a traffic complaint was not sufficient for a Judge to find probable cause and issue an arrest warrant. Decause of the original decision on this case, the City changed the Municipal Court process during the fill of 1990. These changes increased the workload of the Police Department, Municipal Judge, and the Court Clerk's Office. We stopped issuing warrants based solely on the complaint. Instead, we. designed procedures to comply with the new case law and statutory law. This required Police officers to complete affidavits of probable cause sworn to before the Judge and reviewed by the Judge to determine if probable cause existed for the issuance of a warrant. The Court Clerks office also had to prepare affidavits on cases where payment had not been received. 8171566.8200 D/FW METRO 434-2529 ' Memo to Lloyd V. Harrell October 1, 1992 Page 2 With the overturn of the Harvey Martin Case we started exploring ways to reduce the workload the changes placed on the. Police, Judge, and Clerks. Listed below are the modifications to our procedures which should reduce workloads and overtime . 1. Redesigning the c pias probable cause affidavit. Previously the Court Clerks spent twenty to thirty ` minutes preparing each capias affidavit. Unnecessary information was being researched and included in the affidavit. With the assistance of the municipal Judge and the Legal Department, we modified the affidavit so that now it requires no longer than five minutes to prepare. 2. Resume preparing information and belief traffic M 20- aims. I ! The overturn of the Harvey Martin case clearly indicates that Court Clerks can prepare information and belief complaints as opposed to having Police officers preparing J personal knowledge complaints. This offers two benefits. +1 ! First, Police officers can spend less time processing paper work and more time in the field protecting citizens. Secondly, we will be able to take defendants pleas sooner. This should eliminate the frustration defendants have from being turned away when they appear at the Court Clerk's office, to make a plea or request a court date, because a formal complaint is not on file. The processing time for Police officers to sign formal complaints is much longer than we anticipate it will be for the court clerks. We mentioned in the past that a new or rewritten Municipal Court Computer Systems was needed to streamline our operation and allow us to comply with legal changes quicker. To accomplish this, we sent out "Request for Proposals." Responses were received from Noll Computer System and United Systems Technology, Inc. Before we can complete our analysis and make a recommendation to you, we have to acquire cost estimates on rewriting our present software package. 3. Combine the arrest__affidaz - wlththe ticket; „writin process. Previously we explored placing an affidavit format on the r A i r: n k! ! er ~J. / C? / Memo to Lloyd v. Harrell October 1, 1992 ~J Page 3 back of the ticket. Because a larger ticket would be needed, we concluded that it was not practical. However, we are again considering this possibility for two reasons. First, in a recent survey conducted to determine how other cities were responding to the overturn of the Harvey Martin case, we discovered that for a number of years, throe cities have successfully combined the affidavit and ticket (i.e., Port Worth, Midland, and Odessa). Attachment I is a copy of the memorandum comparing the affidavits. None of the affidavits meet the requirements of our Municipal Mudge (i.e., that they be narrative in nature and all relative information is contained in the "four corners" of the affidavit). Secondly, in response to our legal request regarding the impact of the overturn of the Harvey Martin case on our procedures, the Legal Department determined that an affidavit of probable cause was still necessary and recommended placing an affidavit format on the back of the ticket. They stated that apart from the reasons for the overturn of the Harvey Martin case, there are other legal requirements for probable cause determinations which are not addressed in the Martin decision. Gne requirement is that the Code of Criminal Procedure require an affidavit of probable cause to be made under oath before the magistrate. In addition, they stated that probable cause affidavits are needed because our current complaint form is not factual in nature. Adding probable cause facts to the complaint would require the State to prove all the facts at trial. B. MUNICIPAL COURT RWENUI,,, SHORTFALL As we reported in the last Municipal court update, the 15)91/92 revenue is less than previous years levels (See Attachment II). The current year's revenue exceeded the revenue for the 1990-91 fiscal year by $85,803; however, the current fiscal year revenue is far below the 1989-90 and 1988-89 revenue figures. Below is a list of current and proposed steps to increase our revenue. 1. Now Judcge!s DockeC In June the Municipal Judge cha,ged the policy on extensions to pay fines, The change shorten the extension time frame and requires more accountability on the part of defendants. This change was made to increase i' r. 14 1 r~ r 9 ~r Memo to Lloyd V. Harrell October 1, 1992 Page 4 y, ireveiegnue while satisfying the pay hearings for defendants legal m nndate to pay fine amounts in f hold ull, This change hasgallowedlus to process cases into warrants much sooner than in the past (i.e~, approximately two to three months will be saved), As a result, we will have a warrants because better chance of serving opportunity defendants will have less of an docket has b o to change ught in more than s 5,000 in even u the new June, July, and August. The chart bel w illustrates that twenty percent Of the defendants pay their fines before they appear g deourt, but The remainin sign wlve percent fail to appear. set by the Judge, payment agreements on terms JUDGE'S DOCKET STATISTICS JUNE 91 1992 THRU AUGUST 25, 1992 CASES FILED~ DUI w TOTAL C 1 i 156 CASES SET - 1,389 1,289 165 _ 3,829 * CASES PAID PRIOR TO COURT 226 221 612 26 56 40 $ PAID PRIOR TO COURT 122 FTA'S 2,719.83 3r 677.,98 2,289.36 8,682,67 BALANCE FROM COURT 36 59 27 _ 71 TOTALS 3,145,50 1,79S,61 11,469,50 6,410,61 5,86533 5,468.09 3'758,86 15,092.28 2, Rosumo.~reparin Inforlrtatzotanc1 4!e11ef We mentioned earlier. in this ~~dz,_1ai~lts, resume having the Court Clerks 1eport that belief complaints as OPPO pre are we plan to sed to p< information and prepare personal knowledge Complalints,g Police officers been dismissing the Cases of defendants who Because We Court Clerk's Office to have he complaint was filed, we have eb en -losing Plea .before a a formal tma.l $12,000 in revenue monthly, By having the Court approximately Office prepare the complaints revenue loss. , we will eliminate ethic Information ServieeSh change will be implemented as an make the Programming soon as g changes. \ A y Memo to Lloyd V. Harrell October 1, 1992 Page 5 3. sexvir~a Warrants i Since March 1992 we have increased the volume of ,rarrants being issued; however, the warrant office in the Police Department has been under staffed. This hindered the service of warrants. To correct this problem the Police Department hired an additional employee in the warrant office. This will allow us to make significant improvement in this area. The one employee who had been in this area also served as the Courts bailiff. 4• 1'ncr_ ease in the numher_of citations being written. As you are aware, the Police Department's grant to issue seat belt tickets was renewed and an additional grant has been awarded to them for thi issuing of speeding tickets. II We have already seen a substantial increase in the number of tickets being issued, We experienced more than a 100% ' increase in the number of tickets issued during the month of September 1992. (i.e., From 1,102 tickets in August to 2,230 tickets in September.) 1I 5. Increase eitat.ion fines. The Judge, effective October 1, 1992 increased Municipal Court fines. All speeding tickets have been increased by $9.50 and speeding in school zones has been raised 1 generally $20.00 in most instances. Most other traffic offenses were increased by $10.00. Substantial increases are in the penal code, animal control, and code enforcement areas, Many penal code offenses will have a fine of $180.00 for first offense up to $970.00 for fourth offense, Animal Control and Code Enforcement offenses were raised in some areas as much as $50.00. These increases will have an effect not only on revenues, but also on the number of cases being set for court hearings. Parking fines are yet to be increased as we are awaiting a possible new ordinance to deal more effectively with habitual parking violator.-s. 6. A_ppoa.Is Appeals have increased, again, as a result of cases being planed in warrant. The good news is that the county r - A Memo to Lloyd V. Harrell October 1, 1992 l / i~ age 6 P { Court at Law Judges want to diminish the number of cases ' they have to hear on appeal. We are currently working on measures that we can take to present to the county court that we have an interest in our cases. This could be by means of a brief to the court as a "friend of the Court", a brief prepared for use by the District Attorneys Office to argue against Defense Motions to Quash, or even periodic appearances by our own legal staff arguing against these motions. We believe based on information we have that this will ultimately reduce the loss revenues on appeals, estimated at roughly $13,500 monthly. In summary, we believe that the court's new procedures are becoming streamlined. our staff has adjusted well to the changes in our procedures. We are optimistic that our revenue will show improvement over the next year, Other than the need for a new computer system, we only anticipate minor refinements in our procedures in the future. If you have any questions, please do not hesitate to contact either Judge White or myself. Vi lb AFF003B1 i T is , ATTACHMENT 1 . /d / flgi~id7 ~h~m CCJ~ CITY ofDENTQNr TEXAS f Y( 1"Z MUNICIPAL BUILDING DEN TON, TEXAS 76201 TEL EPNON ' (817) 566.8200 MEMORANDUM DATE: September 22, 1992 c TO: Harlan Jefferson, Director of Treasury Operations FROM: Tom Josey, Municipal Court Administrator SUBJECTi AFFIDAVITS OF PROBABLE CAUSE ON THE TICKET FORM My most recent survey of other Municipal Courts disclosed that three (3) of fifteen (15) had an affidavit form on the ticket which could be utilized in the rrant ecame ofetheaticketeforms frombthe three e (3) rcities h in have question. Neither received Fort Worth, Midland, nor Odessa utilize a narrative format in their affidavits. Each one is a multiple choice form with a preamble statement and a closing attestation for use by a notary. Each one also refers to information not within the "four corners" of the affidavit. At this time, it is my understanding that the Municipal Court Judge requires affidavits to be narrative in nature with a standard preamble, and an attestation for use by the Magistrate. Therefore, a ticket affidavit would have to be similar to the current affidavit in substance and would require an area in the middle, between the preamble and the attestation, for the officer's narrative statement of facts. i w discussed in the affidavits would be hand written In the field, size of the ticketicametinto question. Before designing ouch an affidavit form, some thought would have to be given to how much space would be needed for an officer to adequately describe events for the Magistrate to be able to find sufficient probable cause. I have attached copies of the affidavits from Fort Worth, Midland, and Odessa for your inspection along with a proposed mock up of the narrative affidavit. This mock up has the elements which are now being utilized for arrest warrants. " %a yY~ Tom Joae- wp Attachment AAAOOE4Q i ."me f t Agenda Icon COMMENTS e WITNESSES 'I (ITEM A) NAME.--'------. ADDRESS-__---------- CITY_ -STATE_____.__-_._ZIP CODE___, TELEPHONE NUMBER___ I NAME_ ADDRESS------________~~.~.-.__ CITY__STATE _ZIP COOE___._ I ` 7ELEPHONE NUMBER_._._---_--_-_____-----'_-- Onthisdayappo a red Bofors me, the Undo, Signed. who being snout staled Check ono AFFIDAVIT I personally obso,Ad the per eon named In Item 2 on the reverse he fool commit she 4511e) descnbedm Item a On the reverse prepares. Vitro the Q``dyol Foftwafi, TAfJ9M ,I'esu, on the dap AMA] the lord IWn I MOMRed mspoctrveTTs1ft"1 aed a On Iho t4iw. I have been Ad 10d by the wit nets named in Item A above has such wdnesa optionally observed thope I son named in Ile it 2 on the reverse hepeof eomrtsil the acl(s) de seabed in ' tom a omit a roverso herool. wish in the C o l o I Von Woo h. I Arran I County, Texas, on Ihe date and al the local ion Ind¢aled re spec lively in I! !ms I and 3 on the revere her oof, SAOI n le a no subnc ribed W fore me Ihis__.___-._-_-~ A Aflnnt Notary Public In and For The Slate of Texas My Coop miaeson Expiraa__,- i C_ r. t; 1 n TIfF'S TA (C OF TFXA 6' Vr GtY of Midland' px'r]1i NO, COUNTY OF MIDLAND mdrilef al court Midland. Taeas AFFIDAVIT, OAD Nro ~r.f ,rr s.ll and IlLenl 10101e,)i t 1we 11 tLa L~,n w at": "I the derv A U r6e 9'1IU of JilePae an'he ao npl`nnl 4it4cn9d baldly and runic eyed . ip•e:-. 'r1"+r relerred to a6 'rl a c,.m V6pr4'. shPn ^n dv r " f ',In ar:, lake ?n ~er - f4 -,n~,e.e In ollerne a¢:n roJ and s des, bnd n Smd ^r -eu -„air '~rmd vn )nc -va ,grad ^v ,l, ' VAIa, - I c.. „a,, at 'he o[ al epa;d oily efe.'eJto 1 Pa co,,pie.rt, 1 +),r 11r1'la led been cu"I'l"Clu based o,, one of -,,a f .r.r,. SI lu rna tlla dru l..f .•h ua JSILnbeJ .n :be a l a I ..r,. cr c" Q ,nom +.Luse c. cn r. at6 pp eJ sm(I venam auJ efenLbed thn Jo,er as an f r,ril.,d'e at wd h 1••a nnma set oat in the ed rtgr'a int besed en 0ae of the } LIc,~.,q se!1 'act' roMNNd ind V ebay..d 'm'd,.Il MmR vra al e O d"or to an d-w w Ialln 61nF IwrN aertnn ar u. elsrlwd oamain~n YU nH " of rte rinr. W b1 MaV 11Nw! Y eJCa M1 r1w w,. l tl l31J_t' m,nef thn !'ewesa of 0101) cchr c,l` Th'e nnes4e Inn rOn s`sD1e 101: t^ if rnerme ws wall ure palties (when ae CNcablel Ind ovum L)aNorso the p,~! sir; sl ns¢teu~.a insclred. Ifaso I nn my I, sUQStwn, I tall that the }Menlo 11 eSC F L d m rile eltached camplarnt o66brled at the iogahon Ir Ited end ssued sad cnmplainl I dantified 111e driver as Me mb:el'I11grth ihehem!lot 01)t L1 the" mplalnl Lased on one of the IU 10"od ,Is Of lads ' '.n ..InvF)M -1110.1 +4, ra IBS vrw rti mnw ar tln Ya1r[w 1m.r A.'.1 r.eR N6vM N.)n nr C 1I ' .1"o tI,r"Im ➢d naaaval a Vvlf .n,ya couuegp [to usroa y1 uJ 1r ,Ip eWnp,w4 ~~r - gi:ry Y Ora 0p9 rvl'k1r 'A)'r)fDIY wmL R,.I btl11 rlp drgR 1- llb a,l,n drY ~aGax. Ihal M R I♦B w.y rill dRS OI if. nahrw de¢nhvl n to r.lrxmunrwr pan>rl ar lad mmdwa wd tu. uuna ea met wtu;h w or art n de ramybnf, ud r aDUV V.d Io ehylcel %,swaeaa or IN i,A lo H ydfb ,,e , reo nra r, Vlminl rx run rn rrw r "'A CCrnplanl M0Ira pool 'to is'. ,7 Ea iryfl Jr+n][41y J.1MI<itod d9Wn. Af iant +I ! 50acnbed and sworn to ballore me by the .aid afliaN thEs day of .._._AM., 19 Nblery Public in and for the State of 7ezas ~ fompWil l Name ' J C I ~ . v ri a I Ppmda No. THE STATE OF TE r Ci Of ECT llulo . AFFIDAVIT'S 1 1. the ndarsigne d zlhnAI do snicmn i y swear ''I iDOk. by lrIte set out ~n 610,:~ 1 of tl t 1. 1111C T RI rI @'.e 1%e 1 , .,,,OI. he a it 111e, Zia rred t0 1~ r.._ hi kBi J"•', a". . my I - Ocles4n pJ:,~d ~14Cur ,-.fo?d 1 u iLal ^'Olpr Chi C'^ dOSCnbed f !i'.Jl K ' S d 'ht,'.. .tesrhb?u ~,3 r L,r ovaalinr is e e, aferaetl c Jldial ,tn ed 'yly st+` 'f ~dQ~. 1 4 •''Jr _ 'nhj. Ka S. 'N 1~IOf1 ~'81~:'li I o11 ~ , fler-dtoFior. I(, 01"IhC!ickCl'ar( d'ter oh-;Wd- „u~j O r` 1 Ihr, ilere'm ofermd,w YQf11cle r, 7 i'.•' I.P e r' Jer ah ar Wd.Yiaual Wii the nt0~64;A out n Blr. r, } pf "e kM- Mused on nro rN tno fohewing Iac!s _ i_ ''ne ndiwdual produced a di s license uonlalni❑g the name set out in lock n1 "the Ilckel" and contalnbic a picture ph co favorably romporg e drivor 2. Tho indGndual indirrated Ihnl his namo was chat which is setoulv)Block 3nl"the licket Ind ! ohserred h s Physical appearance IQ be as descilbed in Blocks d and 5 of "the ticket", and his age to be approximately as indicated on (dock t I of "the I1iC I", 4 Attlant Subscribed and sworn to nefore me by the said affiant this jay Of A.D. 4-- Notary Phblw In and for Eotpr County, Texas I a ~ C . I J eV i lad+:r,da I,a.a_LUJ /G' / AFFIDAVIT OF PROBABLE CAUSF. THE STATE OF TEXAS COUNTY OF DENTON Before me, the undersignef authority on this day personablY appeared Afflant who, after being duty sworn by me, on oath stated- My name is and I em a peace officer of thu Denton Police Department, Denton County, ° Texas. I have good reason to believe and do believe that on or about the that did then and there in the City of Denton, Denton County, Taxes, commit the offense of Affiant0s belief is based upon the following facts and information with Afflant received from; Afflant's personal investigation of the alleged offense. a fellow peace officer of the Denton Police Department, Inlormation to Affiant, and whose information Afflant believes to be credible, i f Wherefore, Affiart requesta that an arrest warrant be Issued for the above accused individual fn accordance with the law. Affient Subscribed and Sworn to before me on the day of NADiS1RATE, -CITY OFDENTON DENTON COUNTY, TEXAS AAAOOE44 l i 4 ,r ATTACHMENT II /i{Jrntla.'.n.__ REVENUE HISTORY OF MUNICIPAL COURT (MOT) I2dt A4_ 4' /,2 % Of PREV 1988-89 1989-90 1990-91 1991-92 YEAR OCTOBER $ 105,024 $ 101,616 $114,516 $ 78,301 68.4 NOVEMBER 86,400 102,398 95,435 62,962 65.9 r DECEMBER 781874 93,190 64,994 67,673 104.1 JANUARY 97,197 111,625 59,602 71,3.87 119.4° FEBRUARY 87,431 104,882 76,811 67,857 88.3 MARCH 101,798 103,305 74,714 99,425 133.0 APRIL 96,253 102,211 70,306 86,242 122.7 MAY 112,643 105,414 53,881 87,801 162.9 JUNE 90,771 113,441 53,096 81,099 152.7 JULY 92,028 116,155 59,411 75,755 127.5 AUGUST 103,570 105,524 62,787 72,295 115.1 SEPTEMBER 87,337 102,929 74,191 94,950 127.9 TOTALS $1,139,326 $1,262,690 $859,744 $945,547 109.9 AAA00131/4 I\ \ V I +r I: =C ITC', -COUNCIL V . ro~oOu 0°~o0o°O~gaF o of cm - .O O O OOOyro+"Ov. - °0~oooaaa~ooo°°o.: MT, 11 T.1:7 TM 7: T. r, r CITY COUNCIL REPORT FORPIAT f7~h~ .,_,!G r~~ TO: Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager SUBJECTt RENOVATION OF THE CIVIC CENTER POOL RECOMMENDATION: Accept a presentation and report on the schematic design for the renovation of the civic center Pool. SU .MARY s Philip Neeley of Carter and Burgess, Inc. and Alan Nelson, Architect will present the schematic design for the $609,000 pool renovation project. The plan will show the layout of the pool complex including reconstruction of the pool buildings, relocation of the existing slide, a new toddler pool area, covered Boating/viewing areas, parking and other improvements. Elevations will also be presented to indicate the architectural style of the buildings. BACKGROUNDt City Council authorized the professional services contract with Carter and Burgess and Alan Nelson on August 18, 1992. After the site analysis and evaluation and several meetings with Parks and Recreation staff, the schematic design phase is nearing an and, construction documents are being developed in order to advertise for bid in early November. Construction is scheduled to begin near the first of the year to allow for a completion date prior to Memorial Day, 1993. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDi Parke and Recreation Department. This program will provide benefits to a broad spectrum of citizens. FISCAL IMPACT: Funding for this project is from the sale of $309,000 in Certificates of obligation with an annual Impact on the operating budget of $46,000. The remaining $300,000 is from interest funds from previous bond issues, + RESP TFULLY SUBMITTED C o . Harre p City Manager a ed by: ~ Jan mp on Par Planning Coord ator Appro. Name e e n Title Executive Irector for Municipal ervices/EconorrLic Devolopment \ v f1lrndu DI l ~ - D ,7~ CITY of IENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M 4 1 I TO: Mayor and Members of the City Council FROM: Janet Simpson, Park Planning Coordinator DATE: October 1, 1992 SUBJECT: Civic Center Swimming Pool Renovation Philip Neeley of Carter and Burgess and i`lan Nelson, Architect, will present the proposed schematic design of the Civic Center Pool for your information and review. As you recall, at the City Council Retreat in June, authorization was given for staff to proceed with a professional services contract for Phases T.A. and I.S. of the proposed renovation. In addition, funding ($300,000) was authorized for the construction of Phase T.A. from the interest earnings of previous Lond funds. Funding for the construction of Phase T.B. ($309,000) was later approved from Certificates of Obligation to be issued on January 1, 1993. This project will include the following items: - Gutter system - Filtration system - Circulation piping and plumbing - Replace perimeter decking - Reconstruction of pool buildings - New zero-depth toddler pool Peplace fencing Eilminate on street parking and construction of a new parking lot Underwater pool lights and electrical connections Pool equipment and furniture We have conducted several extensive meetings with the consultant and within the department to receive input from all affected staff including the Pool Manager, Leisure Services Manager, Superintendent of Leisure Services, Superintendent of Parks, and myself. These meetings were critical in developing a concept that addresses safety, maintenance, security, aesthetics, management, 8171566.8200 D/FW METRO 434.2529 ' i Y r ~ lncnda !c: m_ l(~~ _ Pool Renovation October 1, 1992 Page _ 2 v and technical issues effectively within the specified budget. The i schematic design to be presented reflects an effective solution to provide a quality pool for the citizens of Denton. ; With the schematic design phase nearing an end, construction documents are being developed in order to advertise for bids in early November. construction is scheduled to begin near the first of the year to allow a completion date prior to Memorial Day 1993, I This project continues to proceed on schedule. The presentation will serve as a status report prior to the bid process to insure the plan meets the objectives of the city Council. Jan S mpso AJJ0054D i y i - COUNCIL - - - - - T =T:'TT t. - - - ooo°Qaoaaoooo°000 ~O + P "rOb - 00 Of o~pp T I: 0 ..d o o \ y O - o~oOO~o ro N °04oaOO UaflU°°° -XI tT CITY OF DENTON CITY COUNCIL MINUTES September 1, 1992 1 / e The Council convened into the Work Session at 5:15 p.m. in the f Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brack, Perry, and Miller. ABSENT: Council Members Smith and Chew 1. The Council convened into the Executive Session to discuss s legal matters, real estate and personnel/board appointments (considered appointments to the Downtown Advisory Board, the Electrical Code Board and the Animal shelter Advisory committee.) 2. The Council held a discussion and gave staff direction `J regarding the 1992-93 fiscal year budget. Lloyd Harrell, City Manager reviewed the second set of Summary of Responses to-Questions for Council. (1) Pay plan alternatives - another pay plan alternative was presented with a 2% increase on the Mercer matrix with staggered implementation dates. The General Fund cost would be $333,000 and included steps in command ranks for police and fire. For each month the implementation was delayed $31,000 would be realized. Mayor Pro Tem Hopkins asked what the other percentages were. City Manager Harrell indicated that the previous percentages were 1%, 2.6%, and a 3.4% proposal. This proposal would be an average 2% adjustment ranging from 3.5% to 0% depending on where an ~ employee fell in the matrix. (2) Park and Recreation tem orar seasonal_p_ersorI services analysis - this had been a request from council regarding temporary salaries in the recreation area and staff had provided the information. (3) Human Services Proposed Buduets - this was information i requested by council regarding any proposed salary increases in the Social service agencies which the City funded. The information was provided to council in the agenda back-up. (4) Analysis o Appraisal Value Cate ories staff provided information showing five years of appraisal classifications for the City of Denton. The schedule indicated a general trend of lower values in all categories over the five year period. single family residential remained the same and multifamily went up in value. Large decreases were in vacant property, real estate acreage, real property commercial and industrial. (5) Proposed Librar. Budyet_Reductions - staff had provided a t °k I 41)r;lA') Ibam__ City of Denton City Council Minutes September 1, 1992 v Pago 2 4 detailed breakdown of the $18,000 reduction in the Library budget. Council Member Perry asked if this was the same amount as all the other departments had to reduce. " City Manager. Harrell replied that all baseline numbers were reduced another 2% to balance the budget. originally to balance the , budget, the Library had proposed to reduce hours and eliminate positions in order to reach that number. Mrs. Orr reconsidered that position and reduced line items rather than reduced hours and employees. { Mayor Castleberry indicated that it was stated that the only alternative to these cuts was to deduct them from the children's book budget. Joella Orr, Librarian, stated that the adult circulating materials had been cut $5000, $5000 had been out from binding for adult materials and $3000 out of audio-visual materials from adult materials to reach the base line number. Mayor Pro Tem Hopkins felt that the Council was committed to replace the dues for the organizations and to put that money back in the budget. (6) Cable Television Exnendi ures - money needed for the televising of Council meetings had been included in the Community Services Administration budget. Even though the money was included in that budget it did not commit the council to use that money. A final decision could be made by Council when all of the information had been received. (7) Revised Mc'o~ r Budget Issues Analysis 1) Fund Balance - $298,000 to balance the budget which was included in the budget. This would bring the level to 10% for the fund balance. 2) Revenues A. Property taxes 1. Effective tax rate - if Council did not raise the tax level to the effective rate but held it at the current rate which was $.6850, $59,166 plus $544,539 would have to be found. 2. Truth in Taxation - if Council set the rate over the effective rate by 3%, $394,000 would be realized, There 4 t o"I i ~S 4f 1 Apo~r!a !lam_,_.5Z City of Denton City Council Minutes September 1, 1992 Page 3 would be no need for any further legal action at the 3% rate. 4 3. ti increases of $.01 would increasedtheoamount b $1 - any additional increases y $163,500. g. sales tax Projected growth rat$216,0o0 was already included with a 4% o 2. Additional increases - for every additional 1% increase, $54,000 would be realized. realized. C. Utility Sales Tax - if repealed, $198,000 would be Council Member Chew joined meeting. D. Health inspection fees an increase in the fees would realize $9,140 and each additional $10 fee increment would realize $2,820, E. Storm Drainage Utility - tabled by council, with 3) Pay plan adjustments all alternatives had been listed savings the per month indicated for each month the implementation was delayed, increase ine s hea th inur.ancet costs included a 1/2 of budget. were a TMRS. increase lin Mayor Pro Tem Hopkins asked if the City could remain at the same level or if it had to go to 6%, ` City Manager Harrell indicated that the options were 5%, 6% or •7 The city could remain at the same level and move the to possible salary increases. money to 5) Position reductions - these reductions were included in the budget. If Council wanted to included any of these in the budget, they would have to find money for those positions. Council Member Perry asked if the cost for an adult athletics supervisor, $22,900, could come from overtime in the recreation fund, City Manager Harrell replied probably not as the position was a c r. xl r !g r;rJa Ilom___F__s~_ City of Denton City Council Minutes 0 September 1, 1992 Page 4 supervisory position which was responsible for the swimming pool, { adult athletic programs and the driving range. Alicia Mentell, Superintendent of Leisure Services, stated that the adult athletics supervisor position was responsible for the aquatics program, the adult athletic programs and the driving range. Money for that position came 50% from the General Fund and e 50% from the Recreation Fund. City Manager Harrell detailed what would be done with those duties. Staff could see how programming would be affected if the salary for ° that position were taken out of overtime cr temporary/ seasonal categories. Mentell stated that most of the temporary/seasonal salaries were for building attendants at the recreation centers and would have a negative impact on the operational hours of the centers. i Council Member Perry requested taking another look at eliminating this position. Mentell stated that there would be no reduction in service to the community with the elimination of this position and no increase in fees for that change. 6) Service reductions - these reductions were listed for council consideration. 7) Reducing Human Services Funding - this was reduced another It over holding the line and was included in the budget. If the council wanted to bring the funding back to the current level, they would need to find $1,100. Council Member Miller stated that the council also had a request from the Poison Control Center for $6000. 8) Reduce Transportation Funding - the proposed figure was a 1% reduction from last year. 9) County Funding for Library - the County had indicated that it would reduce City funding by $12,806 which the Council would need to find in the 1 9get. 10) Split Tax Payments $20,000 would have to be put back in the budget if the Council wanted to return to split tax payments. 11) Over 65 Tax Exemption - the proposed budget added another r J N li AJ- City of Denton City Council Minutes September 1, 1992 U Page 5 t $1000 exemption. 12) Cable Television Funding - this amount was included in the budget for Community services. 13) swimming Pool Improvement - figures were included for full costs and for debt issuance. 14) Public Safety Officer Staffing - this would change one uniformed officer position in the police department to a non- uniformed position, 15) Fire Reserve Fund - no change in this category from the first set of summary questions. 15) Mowing - additional. figures had been included for mowing the 30 acres at North Lakes three times per year and six times per year. 17) Library Automation - these figures were not included in the budget. 18) Recycling - the Household Hazardous Waste, Paint Swap Program, and Waste Minimization and Recycling programs were included in the budget. city-wide curbside recycling program was not included in the budget. A mandatory program would be a $1.24 per month charge on the customer bill and the voluntary program i would be $3.25 per month. Council Member Perry asked if the paint swap program was for residential or commercial customers. Bob Nelson, Executive Director for Utilities, stated that it was directed to residential programs as opposed to commercial programs. (8) Advertising costs for the Denton Record Chronicle Council would have to find the money for any of these programs. Bob Nelson, Executive Director for Utilities, presented a wastewater proforma comparison which compared scenarios for a 10%/15% increase, a 12.5%/15% increase, a 15%/15$ increase and a 10$/25% increase for the next two years. When the budget process began, staff was looking at a 1.5% increase this year and a 15% increase next year. After the budget had been submitted, the Public Utilities Board indicated that that amount would not be acceptable. It preferred a 10% increase for this year and a 25' increase next year. That would mean a $500,000 deficit for th.i year. After discussion the Board felt that was not acceptable and L~ jj A) City of Denton City Council Minutes September 11 1992 Page G t suggested a 10%/15% increase which would be negative for the next two years. Staff felt that some cuts needed to be made but none which would cause any violations. Nine positions would come out of the budget, three were summer seasonal positions and six would be full-time positions. Nelson reviewed the figures associated with a 12.5%/15% increase. He reviewed residential utilities with ° I current rates and proposed rates of 30%, 12.5%, and 15% increases. A 30% increase would be an overall increase of $3.99 per customer, a 12.5% increase would be an increase of $4.53 and a 15% increase would be a $5.07 increase in the total utility bill of a r' residential customer. Howard Martin, Director of. Environmental operations/Financial Administration, detailed the position cuts in the wastewater department. Out of the Wastewater Treatment Division, one shift operator I would be cut. In the Field Services Division, 4 maintenance workers I would be cut. Three temporary/seasonal employees would be cut in the Engineering Division and one technical assistant would be cut in the Pretreatment Division. Four of these positions were temporaries and five were full-time. Mayor Pro Tem Hopkins asked if only four positions needed to be 4 cut, which ones would they be. Martin replied that there would be some flexibility of which positions to keep. $/5,000 worth of salaries could be looked at as to which positions not to cut. Council Member. Chew asked about the duties of a shift operator. Martin replied that currently two shift operators were on a shift at all times. If one of those positions were cut, there would be a shift operator I and shift operator II on second and third shift and no operator I working during the day. After hours there would be two employees working. Council Member Chew asked about the safety factor with only one worker on duty. Martin replied that during the day the shift operator would be on the plant grounds with other workers. Council Member Miller asked if efficiency would be lost over time. Nelson replied that the shift maintenance work would be taken over by maintenance workers during the day. Martin indicated that there might be long term implications for the 1• r. ~ w r City of Denton City Council Minutes September 1, 1992 Page 7 maintenance of the equipment. Some of the employees might be hired back in the 1993 budget. Mayor Pro Tem Hopkins asked if it were decided to do without the 9 positions, would there be increased overtime where the overtime and extra pay would come close to the payroll positions which had been + i eliminated. Martin replied that that was certainly a possibility. Overtime could be cut with a flex schedule. $32,000 would be removed from the overtime account and crews would work on a flex schedule. Nothing was eliminated which would have an ef.:ect on the regulatory aspect of the program. i Council Member Chew indicated that a 15% increase would keep all I programs and positions in the budget. ' Nelson replied correct if the increase were 15%/15%. The Council convened into the Regular Session at 7:00 p.m. in the Council Chambers. r PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brock, Chew, Perry, and Miller. ABSENT: Council Member Smith 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. Citizen Reports A. The Council received a citizen report from Alan Hempstead regarding the "Fill-the-Boot" Campaign for MDA. Mr. Hempstead requested a variance to Ordinance 08-061 which dealt with solicitation on street corners. The civil statue governing roadways had been amended to include solicitation from the street. The fire fighters would like one weekend in the year to participate in the "Fill the Boot Campaign". He had discussed this request with several of the Council Members and requested permission to solicit from the streets for this worthy cause. Mayor Pro Tem Hopkins stated that Council had studied this issue ovor a long period of time because of possible liability due to accidents and in an effort to try and protect citizens in cars and ti' u .Ii City of Denton City Council Minutes September 1, 1992 page 8 those on the streets. There were many legal problems associated with this request. The Council could not give permission to one group to solicit from the streets and not allow others. She suggested a review of the ordinance and why the council originally passed the ordinance. The Council could not exclude other groups from soliciting from the streets and allow the fire fighters to solicit from the streets. Hempstead stated that workers would be covered under MDA liability insurance. Oklahoma City and Tulsa had the fire fighters or iyan`es and did have exclusionary clauses for of the current ordinance Saturday had only keep emedians tof streets. Most any University Drive advertising for car washes. The Kiwanis Club did this on the Fourth of July on the service roads during the fire works display. Council Member Perry asked if the fire fighters had tried any other system to raise the donations. Hempstead replied that last year was they were at two intersections for 4 hours and raised $1600. After they found out that they could not legally be out on the street corners, they went to the mall and raised he mall, They only $395 as with help of the City Manager aw Saturday enand trances were out there all day opposed to the $1600 in four hours on the street. Lloyd Harrell, City Manager, stated that prior to the adoption of the ordinance, there was a Councilwhich As a presult, the 1 permission of provision allowed only by perm mission to raise money Council had many organizations requesting permission in the 1 for their cause on City streets. There was a p State law which allowed specific permission for certain groups. d to be consistent, it would But Council had decided that activity, not allow any of that type 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance rezoning a 1.64 acre tract of land from the Multi- Family 1 , (GR di o; pr perty located rat thetsoutheast icor~neriof conditions, ( S Bonnie Arae and nd Scriptureroval)z-019 (The Planning and Zoning commission recommended app Frank Robbins, Executive Director for Planning, stated that this the needs of thelpetitioners sa and conditions was included a designed s meet zoning to e City of Denton City Council Minutes September 1, 1992 y Page 9 of permitted uses and permitted accessory uses. Conditions limited the maximum gross floor area and floor to area ratio, The Planning and Zoning Commission recommended the approval, of the ordinance as 4 it was in accordance with the Denton Development Plan. A later item on Consent Agenda dealt with the plat of the property. The infrastructure support for the property was either in place or would be dedicated or built by the applicant. The Mayor opened the $r. public hearing. Bud Hauptmann, representing the petitioner, stated that the facility would be a doctors office. He asked the Council for approval of the request. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered; No, 92-139 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM MULTIFAMILY-ONE (MF-1) TO GENERAL RETAIL (GR[c]) DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 1.64 ACRES OF LAND LOCATED AT THE SOUTHWEST CORNER OF NNIE BRAE TREET; PROVIDING FOR A I PENALTYR INSTREEF MAAND XIMUM BOAMOUNT OF 000 THEREOF; AND PROVIDING FOR AN EFFECTI E2,DATE, FOR VIOLATIONS Hopkins motioned, Brock seconded to adopt the ordinance. On roll f vote, Brock "aye", Miller "aye", Hopkins "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing regarding the adoption of the proposed 1992-93 City of Denton Annual Program of Services, L loyd Harrell, City Manager, stated that this was the time for public decisions inputor form di budget, The of the budget Council in c the next few weeks. The Mayor opened the public hearing. Dorothy Damico, Chair-Human services Committee, stated that because the Committee was advisory, she felt it was appropriate to come before Council during the public hearing on the budget, The Human Services budget had requests for more money than would be able to be given. This was a difficult situation as the City contracted r owl j ~I t City of Denton City Council Minutes September 11 1992 Page 10 i with agencies to provide services for citizen needs and when the money available was cut, cuts were made to services to the citizens. She stated that another need for the community included the Poison Control Center at Parkland Hospital. The Center needed a contribution in order to continue its functions and was requesting approximately $6000. This was a one time request as the Center was working on receiving State funding. + Gayle Lieban, Director - Denton City-County Day Nursery, stated that the original request for funding was $20,000. It appeared that the alternate budget would be $13,700. The request for funding included a change from meeting the needs of kindergartners to meating the needs of toddlers which required more staff. The nursery could take more children but it did not want to do that as that would reduce the quality of tho experience. The Mayor closed the public hearing. 4. Consent Agenda Perry motioned, Brock seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye's, Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid #1405 - Resurface Gym Floor - Denia Rec. Center 2. Bid #1407 - 69KVA circuit Breaker 3. RFP #1389 - Global. Positioning system 4. Bid #1370A - Scraper 5. Change order #1 - Bid #1381 - Taxiway and Apron Improvements 9 B. Plats and Replats 1. Considered the preliminary replat of Lot 10R, Block A, Bonnie Brae Addition, being a replat of Lots 9 and 10 and part of Lots 8, Block 8, Bonnie Brae Addition. (The Planning and Zoning commission recommended approval). 5. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1405, 4.A.2. - Bid #1407, 4.A.4. - Bid #1.370A) The following ordinance was considered: e i. 1j 0 1 I City of Denton City Council Minutes September 1, 1992 Page it 92-140 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITUT,;: OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. c Chew motioned, Bruck seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for the purchase of materials, equipment, supplies or services; providing for the expenditure of funds therefore; and providing for an effective date. (4.A.3. - RFP #1389) The following ordinance was considered; No. 92-141 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", perry "aye", and Mayor. Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the execution of a change order to a contract between the City of Denton and APAC-Texas, Inc.; and providing for a decrease in the contract price. (4.A.5. - Bid #1381) { The following ordinance was considered: No. 92-142 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWErN THE CITY OF DENTON AND APAC OF TEXAS INC. FOR A REDUCTION IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. Chew motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. h z, if t City of Denton City Council Minutes September 1, 1992 Page 12 D. The Council considered adoption of an ordinance abandoning and vacating a portion of the public street right-of-way known as Hicks Lane, aG more particularly described herein. (The Planning and Zoning Commission recommended approval.ti Frank Robbins, Executive Director for Planning, stated that this was to abandon a driveway for Ms. Hicks, This was a public way at this time but was not in the interest of the city to maintain this driveway. Ms. Hicks would have access on Kendolph Street. The other property owners had agreed with the abandonment. The following ordinance was considered: No. 92-143 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING A PORTION OF THE PUBLIC STREET RIGHT-OF-WAY KNOWN AS HICKS LANE, AS MORE PARTICULARLY DESCRIBED HEREIN; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing the city Manager to executA an agreement with the Texas Department of Transportation for installation of a traffic signal controller on Loop 288 at its intersection with the entrance of Golden Triangle Mall in Denton; and authorizing the expenditure of funds therefore. Rick Svehla, Deputy City Manager, stated that this was an agreement with the State to construct the signal. The City would buy the controller and install it w?.th the State repaying the City for the controller and for the cost of labor for the installation. The following ordinance was considered; No. 92-144 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE. AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR INSTALLATION OF A TRAFFIC SIGNAL CONTROLLER ON LOOP 288 AT ITS INTERSECTION WITH THE ENTRANCE OF GOLDEN TRIANGLE MALL IN DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes September 1, 1992 % Page 13 Brock motioned, chew seconded to 1+opt the ordinance, oil roll vote, Brock "aye", Miller "aye", 'or' ins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". idotion carried unanimously. F. e authorizinghthe City Manager to execute an agreement with thelTexas State Department of Highways and Public Transportation for Q installation of traffic signal controllers on FM 2181 at its intersection with Interstate Highway 35E, Oak Meadow Drive, and Londonderry Lane in Denton; and authorizing the expenditure of funds therefore, t. Lloyd Harrell, City Manager, stated that this was the fourth time the Council had seen this contract, each time coming back from the ~ State Highway Department with minor changes. This change was a change in the title of the departments. The following ordinance was considered: No. 92-145 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE kil AGREEMENT WITH THE TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR INSTALLATION OF TRAFFIC SIGNAL CONTROLLERS ON FM 2181 AT ITS INTERSECTION WITH INTERSTATE HIGHWAY 35E, OAK MEADOW DRIVE, AND LONDONDERRY LANE IN DENTON, AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. On roll voteBrock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing the Mayor to execute a cost participation agreement between the City of Denton and Exposition Mills of Texas, Inc. (The Public Utilities Board recommended approval). Bob Nelson, Executive Director for Utilities, stated that this document authorized the city's participation in the water and sewer lines with Exposition Mills. The Public Utilities Board recommended approval. The following ordinance was considered: A ,i PdlcRd, t a7 City of Denton city council minutes ~r l03' September 1, 1992 Page 14 NO. 92-146 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND EXPOSITION MILLS OF TEXAS, INC,; AND DECLARING AN EFFECTIVE , DATE. Perry =nod Chew seconded to adopt the ordinance. On roll ! vote, "ayell , Miller "a el„ „ r "aye", y"aye". , Hopkins aye , Chew "ayelf, Perry x and Mayor Castleberry Motion carried unanimously, H. The Council, considered adoption of an ordinance amending the Uniform Plumbing Code as adopted by Chapter 28, of the Code of Ordinances to prohibit the connection of heat exchangers to public or private water systems; and providing for a penalty in the amount of $500 for violation thereof, (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that there was a proposal at the State level to allow the air conditioning cooling systems to be tied into the water nipel.ine systems. The Water Utility Board was very concerned about this there ever were a leak in the heat exchanger system, bchemicals could and up in the drinking water system. It appeared that the State was not going to take any action to prevent this practice. The Public Utilities Board had recommended approval, The following ordinance was considered; No. 92-1.47 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE UNIFORM PLUMBING CODE AS ADOPTED BY C:HAPT ER 28 OF THE CODE OF ORDINANCES TO PROHIBIT THE CONNECTION OF HEAT EXCHANGERS TO PUBLIC OR PRIVATE WATER SYSTEMS; PROVIDING FOR A PENALTY IN THE AMOUNT OF $500.00 FOR VIOLATION THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Council Member Miller stated that the State might not have agreed with the position but there were many other agencies and organizations which agreed with this position. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, bro(k "aye", MilllaYe', IHopkins "ayerl, Chew "aye", Perry "ayes and My Castleberry "aye". Motion carried unanimously, I, The Council considered adoption of an ordinance / abandoning and vacating a sanitat-Y sewer easement recorded in r. City of Denton City Council Minutes p/ September 1, 1992 Page 15 Volume 548, Page 395 of the Deed Records of Denton County, Texas, and abandoning and vacating the rights to operate and maintain the east/west sewer line (Carriage square Shopping Center) as shown on the Golden Triangle Subdivision Plat recorded on Volume 4, Page 28 of the Plat Records of Denton County, Texas. (The Planning and zoning Commission recommended approval.) Frank Robbins, Executive Director for Pldnning, stated that there was no active sewer line in the property being abandoned. The City had an easement on the property and this was merel facilitate the potential sale of the y paper work to property. The following ordinance was considered: No. 92-148 AN ORDINANCE VACATING PUBLIC UTILITY EASEMENTS IN THE EUGENE PUCHALSKI SURVEY, ABSTRACT NO. 996, AND BEING A PART OF BLOCK NO. 1 OF THE GOLDEN TRIANGLE SUBDIVISION TO THE CITY OF 1 DENTON, TEXAS, DENTON COUNTY, TEXAS; AND DECLARING AN -.TIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins Faye", Chew "aye", Perry "aye", and Mayor Castleberry llaye'f. Motion carried unanimously. 6. Resolutions A. The Council considered approval of a resolution authorizing the City Manager to execute a public transportation contract with the Texas Department of Transportation for funding public transportation. Council Member Chew left the meeting as he was a member of the Board of Directors for SPAN, Catherine Tuck, Administrative Assistant, stated that the resolution authorized the city Manager to execute an agreement with the Texas Department of Transportation for state grant funds which would go toward the City's local match with the Federal government to provide transportation in Denton. The City Attorney had made note of several changes to make sure Denton's interests were represented properly and the State had agreed to those changes. The following resolution was considered: T city of Denton city council minutes / September 1, 1992 Page 16 4 R92-046 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND w I PROVIDING AN EFFECTIVE DATE. Perry motioned, Hopkins seconded to approve the resolution. On roll vote, Brock "aye's, Miller "aye'P, Hopkins "aye", Perry "aye", e' and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered a motion to approve the 1992-93 Greater j Denton Arts Council budget as presented and submitted to the city 1 Council. Lloyd Harrell, City Manager, stated that Agenda Items #7-#11 r deferred action on the items epresented a request from Council. Two weeks ago, the Council had and asked staff to contact the agencies to resubmit budgets for consideration which reflected no salary increases. Responses had been received from all of the agencies and were included in the agenda back-up. Many of the agencies were present at the meeting. Herbert Holl, representing the Arts Council, stated that the letter sent to the Council expressed a clarification in the budget. All of the budget increases whether administrative or program or facility, were funded by money which the Council raised. No Laylor revenue was used for those purposes, Laylor revenue covered approximately 56% of administrative expenses and 28% of the total operational budget. The staff salary increase was for the Executive Director due to increased responsibilities and duties. The Arts Council had a budget which addressed the organizational needs and its accountability to all of its funding sources, fie asked the Council to reconsider approval of the budget submitted. Miller motioned, Brock seconded to approve the budget for the Greater Denton Arts Council, On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "nay", Perry "ayelf, and Mayor Castleberry "aye", Motion carried with a 5-1 vote. 8. The Council considered a motion to approve the 1992-93 Denton Convention and Visitors Bureau budget as presented and submitted to the City Council. Richard Hayes, Treasurer - Denton Chamber of Commerce, stated that the Tax Code allowed the City to level a hotel/motel occupancy tax the purpose of which was to promote tourism, convention business and conduct, solicit and promote tourists, convention delegates and , } +t _ City of Denton City Council Minutes September 1, 1992 Page 17 hotel/motel registrants. The City levied that tax and authorized the delegation of that work to the Denton Convention and Visitors Bureau, specifically through the Denton Chamber of Commerce, That was done by specific written contract and the City provided in that contract that the Chamber was an independent contractor. The contract between the city and the chamber provided that the Chamber would have exclusive control of operation, performance and services. The chamber worked diligently to promote tourism in Denton. All money was kept in a separate checking account. The administration line item last year had a typographical error which inaccurately reflected the salary amounts. The correct amount was $80,168 while the information showed $77,699. The total increase which was being asked for in the salary area was $8,656. $7000 was a realignment of the budget process which had been shifted from convention promotion and tourism. In actuality the salary request was a $1656 increase for two employees. Council Member Miller asked about a reduction in benefits shown in the proposed budget. Hayes replied that there would be a reduction, Council Member Miller asked if that reduction would be to the same people who would receive the increases. Hayes replied that that covered a number of various categories. Training and equipment had also been reduced. JoAnn Ballantine, Vice-President-Denton Convention and Visitors Bureau, presented information to the Council regarding the activities of the Bureau. The Bureau was a promoter, organizer, solicitor, recruiter, facilitator, and achiever for the City of Denton. She asked for the Council's support so that the Bureau could do the best job for the City of Denton. Council Member Perry stated that the original budget had salary increases. Did this budget not have those increases. Ballantine replied that it did have those increases. Council Member Perry indicated that that was very important as it had serious implications as city employees were facing no increases. The Council was in the process of budget deliberations and Perry asked why were there budgets pulled out for separate consideration. City Manager Harrell stated that council had traditionally considered these budgets before the final City budget process. JJ IXf- &I City of Denton City Council Minutes September 1, 1992 Page 18 There was no requirement that it had to be done in that manner, it could be postponed and formally considered at the next meeting, Before staff could make any payments to the agencies, the Council had to approved the budgets, Council Member Perry asked Ballantine if a slight delay in the accepting of the budget would interfere, in any way, with the a operations of the Chamber, Ballantine asked what kind of delay. interfere with any operations. month or so would not Council Member Miller stated that the item had been on a previous agenda and had been delayed. He felt it was approriate to { continue to listen to the discussions but not to delay any longer. Chuck Carpenter stated that the Board of Directors had studied the budget very thoroughly and did approve the slight salary adjustments. There was no pension plan, overtime, and there was a salary ceiling to deal with in the organization. The only compensation was to increase salaries. There had been an increase in occupancy collection in the past five years due to efforts of Bureau. He asked Council to consider the request to grant the increases, Carl Anderson stated that the Board had studied the figures and staff had done an excellent job, The Board felt the numbers were justifiable, He asked the Council to approve the budget to continue its work. Mayor Castleberry stated that he had vot(;d to delay action on these items, but it now appeared that there might be some type of increase for City of Denton employees, He did not want to delay any budgets. Miller motioned, Brock seconded to approve the budget for the Denton Convention and visitors Bureau. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. The Council considered a motion to approve the 1992-93 Denton County Historical museum budget as presented and submitted to the city council. Norma Gamble, Director-Denton County Historical Museum, Mated that the Board of Trustees had worked many months on the budget. The line items for staff salaries had been reduced in comparison to last year. There were no anticipated increases or amendments to c, Ilk t 1 - - City of Denton City council Minutes September 1, 1992.; Page 19 the budget, A delay in approval of the budget would delay four grant proposals which they were working on, The grants were predicated on the funds received by the City. Perry motioned, Chew seconded to approve the budget of the Denton County Historical Museum. On roll vote, Brock "ayell, Miller 'Payell Hopkins "aye,,, Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, lo. The Council considered a motion to approve the 1992-93 Denton County Historical Foundation budget as presented and submitted to the city council, Leon Callihan, Denton Council Historical Foundation, stated that the Foundation did not have any paid employees as all the workers were volunteers. Hopkins motioned, Chew seconded to approve the budget of the Denton County Historical Foundation, on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye", Motion carried unanimously. 11, The Council considered a motion to approve Texas Fair Association budget as presented an presented and the 1992-93 North City Council, submitted to the Mayor Castleberry indicated that this budget contained no salary increases. Hopkins motioned, Brock seconded to approve the North Texas Fair Associat ro yebudg hew ~~One,roll vote i Brock "aye", Miller "aye", Hopkins "aye". Motion carried unanimously. aye ' and mayor Castleberry 12. Miscellaneous matters from the City Manager, A Lloyd Harrell, City Manager, presented the following items; A. It would be necessary to hold a special call meeting on the 29th of September to consider the Peterbilt industrial expansion agreement. There would also be discussions regar•,,,ing utility rates on that meeting, There would be no meeting on the 2.2nd of September. Consensus of Council was to proceed with the proposed schedule, 13. The following action was taken on Executive Session items discussed during the work session. 4I 1 I r: City of Denton City Council Minutes .F September It 1992 Page 20 A. Perry motioned, Hopkins seconded to appoint Mary McKay to the Animal Shelter Advisory Board. On roll vote, Brock "aye", Miller "aye's, Hopkins "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 14. New Business ` The following items of New Business were suggested by Council Members for future agendas: A. Council Member Chew asked for information on the "FiJl the Boot" campaign and soliciting from streets. i City Attorney Drayovitch stated that she could present information on the legal aspects and the history of the current ordinance at an upcoming work session. ~ B. Council Member Brock asked for information on the cities which allow exclusions to solicitation on city streets. C. Council Member Miller asked that staff and Council begin looking at its position on the Fry Street Fair relative to future requests. He felt it would be beneficial to begin arrangements now rather than wait till Spring. City Manger Harrell pointed out the change order regarding the airport which had been placed on the Council's desks. Thrre were two major additions made to the change order to accommodate those who used the airport. One was to restrict the operations from 9:00 p.m.-6:00 a.m. and the other was to limit the operation on the runway to 21 working days. 15. The Council did not convene into the Executive session during the Regular Session. With no further business, the meeting was adjourned at 8:13 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOB4 .i ya -,-)31 401 CITY OF DENTON CITY COUNCIL MINUTES SEPTEMBER 9, 1992 The Council convened into the Special Call Session at 5:15 p.m, in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members 4 Brock, Perry, Smith and Miller, , w ABSENT: Council Member Chew 1. The Council considered adoption of an ordinance authorizing the city Manager to execute an agreement with Services Program for c.Lng Needs (SPAN) to provide public transportation services in the city of Denton. Catherine Tuck, Administrative Assistant, stated that this was a contract with SPAN for funding. The City would be receiving the money directly and the contract outlined how the money would be passed on through to the Agency. The following ordinance was considered: No. 92-149 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Miller 1~ayell, Hopkins "aye", Smith "aye", Perry "aye", and Mayor, Castleberry "aye". Motion carried unanimously. Council Member Chew joined the meeting, 2. The Council held a discussion and gave staff direction regarding the 1992-93 fiscal year budget. Lloyd Harrell, City Manager, stated that in accordance with the budget calendar, this evening would work through the remaining budget issues which had not been resolved. Next week the Council would consider the ordinance adopting the budget. I Reyie of additional information presented to Council durin previous week: the (1) Memo- reaardine the North Texas Poion_eantrol Center - the Center had requested $6000 to continue their service to the City of Denton. A memo had been provided which detailed what other cities were doing. (2) },igquest for continued emploxment of athletic super isor - / council had requested information regarding the possibility of c < ~i as ~ ~ City of Denton City Council Minutes September 8, 1992 Page 2 t keeping the athletic supervisor position which had been recommended to be eliminated. Staff had provided information regarding the possibility of reducing temporary/seasonal hours within the Parks and Recreation Department to pay for this position. If Council wanted to implement that option as a policy decision, $32,600 would + I be needed. (3) Economic Development Contributions - Several Council Members had questioned the additional $20,000 allocated in the Utility department budget for economic development. There was the possibility that Council might wish to redirect some or all of that money towards the city's economic development as opposed to { funneling that mrney to the Chamber. That would provide more relief in the General Fund, (4) operation of the Cable Channel - a question had been asked if there were duplication of expenses between the program to operate the City's channel and the program to televise the Council meetings. Staff had indicated that there was no duplication. Some of the equipment needs would be the same but most would be independent. Harrell reviewed the Ma}or Budget Issues with Council and asked for Council direction. 1. Fund Balance - the proposed budget assumed that the fund balance would remain at 10% which would free up $298,000 to use toward balancing the budget. That money was already in the budget and if Council did not want to use that fund level, they would have to find an equivalent amount of money. I Consensus of the Council was to keep the fund balance at 10%. ! 2. Revenues A. Property Taxes 1. Effective tax rate the budget was predicated on taking the tax rate from $.6851 to $.7180 which would bring in the same amount of revenue as last year. There would be no more tax revenue to the city as last year, if the Council wanted to keep the rate at $.6851, approximately $600,000 would have to be found. No decision was made on this item at this time. However, the consensus of the Council was to work toward the effective tax rate, 2. Truth in taxation - Council could increase taxes by 3% above the affective tax rate which would be $.02 above the I 1 • ii City of Denton City Council Minutes September 8, 1992 Page 3 $.7180 and would be a $394,000 increase. 3. Additional $,01 increase - each additional $,01 increase would net $183,000. No decision was made on this item at this time. t B. Sales tax 1. A 4% growth rate was built into budget which would . , net $216,000. 2. Additional 1% increase - every increase would add $54,000 to the budget. Consensus of the council was to proceed with the 4% at this time but the item might be reconsidered later in the meeting. C. Utility sales tax - this item was not included in the budget. Denton was one of the :ew cities in the metroplex which still exempted natural gas and electric consumption from the sales tax. If the Council wanted to repeal that exemption, $198,000 could be used in the budget, Council Member Miller stated that the utilities were taxed now but not for the 1% City tax. The tax would be effective January 1, 1993 as the numbers in budget reflected. City Manager Harrell replied yes that the numbers reflected that time frame, John McGrane, Executive Director for Finance, stated that the repeal on the electric side could be effective as soon as it was sent to the State. Generally there was a quarter delay in order to get the billing in order. I Council Member Perry asked what that would mean to the average utility bill. McGrane replied that it wculd be approximately 60 to the electric customer and gas would be slightly less, Totally it would be approximately $,8o per month per customer, Council Member Chew felt that there was no alternative but to proceed with repealing the exemption. Council Member Smith asked if the funds would go into the General fund or the Utility Fund. I ;q s a City of Denton City Council Minutes September 8, 1992 Page 4 City Manager Harrell replied that it would go into the General Fund. Council Member Brock felt that repealing the exemption was much " better than considering an additional tax rate. Consensus of the Council was to repeal the exemption and include $198,165 in the budget with a starting date of January 1, 1993. Council Member Smith pointed out that the utility bills were already going up and this would add to it, Bob Nelson, Executive Director for Utilities, stated the total increase for a utility customer would be approximately $4.50 and this would only add approximately $.50 to the bill, D. Health Inspection Fees - currently the City was subsidizing the cost for inspection fees for grocery stores and restaurants and this would help equal out that amount, A $10 per category increase would net $9,140. A reinspection fee would also be included. These amounts were not included in the proposed budget, Council Member Perry asked what the average increase would be per restaurant. City Manager Harrell replied that the fee was based on the number of employees. A restaurant with 0-5 employees currently was paying $55 with the proposed fee at $65, 40+ employees had a fee of $220 which would increase t~ $230. Mayor Pro Tem Hopkins asked for the fee for a restaurant with approximately 20 employees. , City Manager Harrell replied that the current fee was $115 with the proposed tee at $125. Council Member chew felt that the fee should not be increased any more than $10, Council Member Brock felt that it was a large increase for smaller businesses and not for the larger businesses. Wolili there be a way to make the increase more equitable. Mayor Pro Tem Hopkins felt that due to the fact that this service was subsidized heavily, the fee should go up some but perhaps not the same amount for smaller establishments as for larger establishments. ~na;ltJa iunil t4.S_ r_o~J . City of Denton city council Minutes r September 81 1992 Page 5 After discussion, consensus of the council was to increase the fee $10 per category. 3. Pay plan alternatives A. Full implementation of Mercer would cost $938,837 Implementation of Mercer at would cost implementedOctober1. Per month delay s of implementation would realize $19,746 per month. implemented mOctober aiion Per month delay 6 of i mpleme Cation lwould realize $36,094 per month. D. Implementation of Mercer at 3.4% would cost $586,531 if implemented October 1. Per month delay of implementation would realize $48,876 per month. E. N across the board would cost $333,237 with $16,836 realized for each month of delayed implementation. F. implementation of Mercer at 2% would cost $333,237 if implemented October 1. Per month delay of implementation would realize $31,111 per month. All of the across-the-board increases would be done at the same time. With Mercer, the implementation would be staggered. Council Member Chew stated that since the 15% increase in health insurance would be affecting all of the employees, he would like an across-the-board increase for all employees. Mayor Pro Tem Hopkins felt it was important to begin implementation of the Mercer Program. To not implement Mercer would represent a break in policy. She felt it was important to implement Mercer in some part, perhaps a 2% Mercer with a possible one month delay. Council Member Miller stated that in private business, there was a feeling that if the dollars available got below a certain amount pay for performance could not be done. During these economic times, there was something to be said for an acrons-the-board increase. Council could believe in the plan and nut be able to implement it at this time due to the financial situation of the times. Given the fact that employees would have 'to pay for increased health insurance, increased utilities, etc., a 2% Increase would be in order. Council Member Brock stated that the City had made a big commitment to the Mercer concept and even though only a small increase might given service,~, thewhatreever and would more emphasis on every level of public She would like to see more done in the direction to give increases to those individuals with good performance, i~ A . ~i d t1a W P Ye AIO City of Denton City Council Minutes a 5/ September 8, 1992 Page 6 G Council Member Perry indicated that he would like to try to implement Mercer at 2.6% and hold the funds with a delayed implementation. He asked if there would be any employees working in the City who would not receive an increase due to their poor performance. a Tom Klinck, Director of Human Services, stated that approximately 10$ of the employees would be rated in the "far exceed category", 20% would be rated in the "frequently exceeds category", 65% in the "meets expectations" category and 5% in the "below expectations" category. Under this system, that 5% group would not receive any increase. This was different from an across the board increase. Council Member Perry felt that very few employees would stay on the job who would not get through a probationary period. He asked if there were employees other than those in that 5t category who would not receive an increase. Klinck replied that the average employee, one in the 65% category, would receive an increase, There was 5% programmed into the budget for poor performance which would be approximately 30 employees. Council Member Brock asked for an explanation of Mercer. Was there an appeal process if an employee received a poor rating from a difficult supervisor. Klinck stated that there was objective performance criteria built into the review. The next level manager must review the evaluations and sign off on the evaluation before it went to the employee. Any evaluation in the "frequently exceeds or far exceeds" category would be reviewed by the Executive Director for the department, the Director of Human Resources and the City Manager as would be the case for the unsatisfactory category. There was a problem solving procedure for someone who had a difficulty which could not be resolved with the first level manager. Council Member chew stated that 65% of the organization were overachievers. Klinck replied that 65% would meet the requirements of the job. Council Member Chew asked for the percentage of employees who would receive an increase. Klinck replied 95% of the employees would receive an increase. City Manager Harrell stated that with a 2.6% increase an employee I~ 1 City of Denton City Council Minutes September 8, 1992 Page 7 eligible for an increase might receive an increase ranging from 4% t, - 0* depending on the employee's performance level and depending on 1 where his salary ranked based upon competition. If the employee were low in competition with area salaries and was a "superman", he would receive a 4% increase. If the employee were at 100% of competition but was a "superman", he would receive a 3% increase. There were two variables to work with for an increase. o Council Member Miller stated that an across-the-board increase did not necessarily mean that an incompetent employee would receive an increase. If 5% of the employees were not receiving an increase f, under Mercer due to poor performance, the same group rules would apply for an across-the-board increase. City Manager Harrell stated that last year there was a partial implementation of Mercer. For any employee who did not receive more than a 3% increase, a 3t across-the-board increase was given. Council Member Miller stated that the problem was the number of dollars the Council had to work with. The dollars available made it difficult to implement Mercer. He had some fundamental problems with the pay for performance type of programs. Pay was not the only motivator for good job performance. Such a program I did not foster teamwork when employees were pitted against each other. City Manager Harrell stated that last year with the 3% increase, an employee had to be performing adequately to receive the increase. A point had been raised if there was enough money available to make Mercer meaningful. The former system did not allow for those workers who put in an extra amount and did not allow for any flexibility for those who were doing more than all the others. Council Member Chew felt that if the program could not be adequately funded, it would not do what it was intended to do. Council Member Smith felt that a decision had been made to go with Mercer. Mercer was the adopted program and that program should be followed. Mayor Pro Tem Hopkins questioned if a 2% increase could be done with a one month delay plus take out the I'MRS and health insurance increase provisions. Council Member Perry suggested a 2.6% increase and a delay of three months. Mayor Castleberry stated that he liked the Mercer Program and liked I` i r ivir 1,1 City of Denton City Council Minutes "?d x September 8, 1992 Page 8 the idea of merit. He suggested a 2% increase starting October 1 but could also go with a 2.61 increase with a delay which would work out the same as the 2% increase. Council Member Perry asked if there was a long term difference between the 2% increase and 2.6% increase. The short term q difference might not be great but what about the long term difference. Klinck replied that the quartile 4 increases were one-time lump sums. With the 2.6% increase there would be a higher percentage increase for 70$ of the employees in the first 2 quartiles. It would be a more meaningful raise as opposed to the 2% increase. It would be at a later time but would be more meaningful. Council Member Miller stated that tie would like to see an increase but was not in agreement with the Mercer plan. There were too many variables for that type of plan. It was not the best use of the dollars available, Mayor Pro Tem Hopkins stated that the Council could study and evaluate Mercer in the future to determine if the program was working properly. Hopkins motioned, Smith seconded to implement a 2.6% increase beginning January 1, 1993 with no TMR5 increase. Council Member Brock suggested that staff look at other ways to I reward employees for performance and not just center on pay. Council member Chew stated that he did not agree with the way the increases would be given but was glad the employees would be f receiving an ina-rease. He suggested looking at all incentives for employee increases and market adjustments. On roll vote, Brock "aye", Miller "nay", Hopkins "aye", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5-2 vote. 4. Benefits adjustment City Manager Harrell stated that he felt Council had a question regarding continued City contribution for employee TMRS and suggested a possible consideration of this issue next year during early budget d-liberations. I ~S Pl1 Urn /"CL~ City of Denton City Council Minutes c~ 6 September s, 1992 Page 9 5. Position reductions - Harrell detailed the recommended position reductions. The impact on the budget would be a included in the budget. IflCouncil rwanted otowputt~anysoflthase positions back in budget, money would have to be found for that y position. I` Consensus of the Council was to proceed with the recommendation. 5. Service reductions Harrell detailed the recommended service reductions. None of these 1 were reflected in the budget. i A. Eliminate extra mailing of tax notices - consensus of the Council was to proceed with the service reduction, B. Eliminate tree trimming program - consensus of the Council was to proceed with the service reduction. C. Reduce police budget Council Member Chew asked if the sensitivity training program would be eliminated. City Manager Harrell replied that that program was not eliminated. Council Member Perry felt it best not to reduce too much especially in in-house training so as to continue upgrading the force. City Manager Harrell replied that the reductions would be in travel, training, and some positions would be held open. Consensus of the Council was to proceed with the service reduction. D. Reduce library budget - Council Member Chew suggested cutting the reduction in half rather than the full $18,000. Mayor Castleberry s=tated that the Library Director might not feel comfortable with tire! cuts but she could live with it. Joella Orr, Library Director, stated that she was not comfortable with the cuts in staff training but she did not want to cut books. City Manager Harrell stated that the Library budget last year was 1 A City of Denton City Council Minutes 30 ~,J September 8, 1992 v(~~ Page io $1,0511000 and this year it would be $1,039,000. The police J department, even with the decrease of $97,000, had an increase in 1 their budget while the Library had a decrease. Council Member Miller stated that there had been a newspaper story about not purchasing new books this year, } Orr replied that there had been cuts the adult circulating books, some reference books, compact disks and videos. These had been cut the first time to meet the target number and then had to cut again with the 2% reduction. The next cut would be in the children's materials. There would never be total elimination of new books but some cuts. The Library Board recommended limiting the number of books individuals could check out. Council Member Brock stated that the cuts had included eliminating membership in state and national associations. Was this still included in that figure, Orr replied that that would be taken out of the book budget to pay for those memberships. Council Member Miller asked what happened to those books which needed to go to the book bindery. Orr replied that the Library was given books during the year and sometimes could find a new book to replace the damaged one, If the book was a classic it would be kept until the money was available for it to be rebound. If the book were not a classic it possibly might be discarded. Council Member Perry stated that the Public Utilities Board had budgeted an additional $20,000 for economic development. The City and Chamber were doing well in economic development with city contributions. The City would assume an additional obligation with Peterbilt. He suggested putting the $20,000 into the City's economic group and free that money for the amount the County did not give for the library. McGrane replied that the money could be used tc help off set the Economic Development office for the City which was a General Fund function. Any dollars that would go towards that function would be reallocated. Mayor Castleberry asked for the purpose of the additional $20,000. Bob Nelson, Executive Director for Utilities, replied that the money was available for the Ci?:y's and chamber's economic I~ c r City of Denton City Council Minutes September 8, 1992 Page 11 development effort. The Economic Development Office for the City did a tremendous amount of -,pork. City Manager Harrell suggested taking $18,860 and offsetting it with the $20,000 and give the extra to the. City's Economic Development Office. Council Member Chew felt it was a good idea to give the money to the City's Economic Development Office. " Council Member Smith asked if the $18,000 which was cut from the library budget was in addition to the first reduction in the library budget. Orr replied that $12,000 would come from children's books. Council Member Smith asked if the Library was sharing in the reduction as other departments were. Orr replied ths.t if the one-half of the $18,000 were restored, the Library would be in the same category as other departments. City Manager Harrell stated that when all of the departments had ` hit the target number, it was determined that the budget still would not balance. The departments had to reduce another 2$ from all department budgets. The average reduction was It with some departments having a 0% reduction and some having a 2% reduction. He suggested giving $9,430 to the Library, $2,000 to economic development and $9,000 to help balance budget. Council Member Miller asked how that was economic development coming from the Utility Department. City Manager Harrell replied that economic development had been funded from the City's property tax dollars. This suggestion was to cut back the support from the property tax. Council Member Miller asked if this was a shift in philosophy or was this a one time change. The suggestion then had been to not fund the Chamber of Commerce Economic Development Program for $80,000. The funding would be at $60,000. Mayor Castleberry stated that the $20,000 was earmarked by the Public Utilities Board to increase economic development funding and the base of operation. To not use the funds for economic development would be going against the recommendation of Public Utilities Hoard. r it .`r City of Denton City Council Minutes September 8, 1992 Page 12 f Council Member Miller felt that there was the feeling in Council to provide a temporary increase to the Library but suggested not doing it through the economic development funds. He suggested waiting until the council got to the bottom line of the budget and saw where the funding would came from. He suggested restoring half of the cut in the Library and not use economic development funds. v Mayor Castleberry stated that he was comfortable with Council Member Miller's suggestion. Council Member Perry stated that he was comfortable with using the $20,000 for the Library, etc. After discussion regarding the use of the $20,000, Miller motioned, Chew seconded to restore one half of the Library cuts as a line item and look later on how to fund, on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 1 E. Budget docunents - the recommendation was to reduce the I quality and quantity of the City budget document. Consensus of the Council was to proceed with the recommendation. F. Animal Control. - the recommendation was to eliminate routine patrolling between the hours of 5:00 p.m. - 8.00 a.m. Consensus of the Council was to proceed with the recommendation. 7. Agency Contributions - the recommendation was to use the baseline funding from last year and reduce it by 1% for human service funding. Consensus of the Council was to proceed with the recommendation. 8. Reduce transportation funding - the recommendation was to reduce the funding by 1%. Consensus of the Council was to proceed with the recommendation. 9. County Funding for Library - this item had already been dealt with. 10, Split Tax Payments - if the Council wished to reinstate the split tax payment option, $20,000 would have to be found for the budget. Consensus of the Council was to not reinstate the option. r 1 33 City of Denton City Council Minutes September S, 1992 Page 13 c 11. Over 65 Exemption - four years ago, a program was started to gradually increase this exemption to $25,000. Currently the exemption was at $20,000. This amount was in the budget and the council could delay increasing the amount a year and put that money back into the budget. 4 Council Member Chew felt that if other agencies were out this year, then this should also wait a year. He suggested applying the money to other areas. r Council Member Miller felt that the increase should be delayed for a year. Council member Brock stated that she did not feel right taking an exemption for age reason only, Council Member Smith agreed with the suggestion to wait with the increase. Mayor Pro Tem Hopkins stated that this was the opposite direction of what previous Councils had done. The intent was to provide this I exemption for the over 65 individuals in the City. This I represented a direct conflict with philosophy of previous Council and she was opposed to that change. Consensus of the Council was to take $17,026 out of the budget and not increase the exemption by $1000 for this year. 12. Cable Television Funding - this was included in the Community Service Administration Budget, 9 13. Swimming Pool Improvements - if the Council decided to proceed with Phase II, the out-of--pocket expenses would be $309,000 or if Council wanted to issue certificates of obligation, the annual cost would be $46,000. council member Miller felt that Phase II had to be done as each year the project was delayed, there would be more to do. He was In favor of issuing the certificates of obligation. Council Member Chew felt that Phase II must be done and to fund the project with the certificates of obligation. Council Member Smith and Council Member Perry agreed. Council Member Brock felt that if the project were not done soon then there might be more expensive repairs to do in the future. I` 1 v, 7 'y^ n;ionda r;o. A,rielld;7 11a~ti.__.l.L. ~S City of Denton city council minutes September 8, 1992 .JFf 7" Page 14 Consensus of the Council was to proceed with the bond sale, t 14. Public Safety officer staffing - this suggestion was included in the proposed budget which involving changing a uniformed officer position to a non-uniformed position. Consensus of the council was to proceed with the change, ' I 15. Fire Reserve - this program had begun several years ago to prepare for the staffing of a new fire station, The budget proposed to draw down the reserve by $137,000 and was programmed into the budget. Future years would lessen the amount taken from the reserve fund. Consensus of the Council was to proceed with plan, { 16. Mowing - additional mowing would be realized this next year with the addition of Loop 288 and South Lakes. There had been a like reduction in the present mowing. If the Council wanted to restore all of the mowing $41,751 would be needed. If the 30 aces of North Lakes were mowed 6 times per year $2,160 would be needed and 3 times per year would require $1,080. Consensus of the Council was to proceed with mowing North Lakes 3 times per year. 17. Library automation - the figures for a new system would include $315,245 for purchase of the system and $63,049 for a lease/purchase of the system. Council Member Chew stated that the amount represented one-third of a cent on the tax rate. a Mayor Pro Tem Hopkins suggested waiting until the new building was .ready. City Manger. Harrell stated that Council could probably wait until the next bond issue. Staff was receiving complaints and those complaints would probably intensify. Council Member Miller felt that the system could be used for a few more years. Computers were changing so much and technology might change for the better in a few vears. Orr stated that the cost was going down slightly which was also encouraging. l `1 . It ~~!o«d~, Peo. __.Q.2.- esl City of Denton City Council Minutes Jr° September 8, 1992 Page 15 Consensus of the Council was to wait for at least a year before considering this item. t Council Member Miller stated that he would like to reconsider the pay plan options. some of the police and fire positions would not receive an increase as they were at the top of the range. He felt that they should not be the exception to the rule and should receive at least a 2% increase. They did not fit in the Mercer , program but the command ranks and people in those steps would receive an increase. There were some positions which would not receive an increase. He felt there should be a 2% adjustment for those employees. City Manger Harrell stated that there were some people who were at the top of the range and not eligible for an increase. There were also some people in the police pay plan who had periodic steps and who might not receive an increase this year but would receive on the following year. Council Member Smith felt that there were some employees who were not at the top of the range but rather in between steps on the pay plan and thus would not receive an increase no matter what others received. City Manager Harrell stated that in the police officer rank there were approximately 37 individuals who would not receivo an increase. Their pay plan did not allow for an increase this year. of those 37 individuals, 23 were at the top of the range and the remaining were in the pay plan. Council Member Miller stated that those employees eligible for a step, although it might be next year, would receive more than 2%. The plan took care of these employee's. Were there some employees who would not receive an increase at all, City Manager Harrell replied yes. There were 23 police officers and 25 fire fighters who were not eligible for any kind of an increase. Council could give a 2% lump payment to those employees. Council Member Miller stated that he would like to do some type of increase for those employees. City Manger Harrell indicated that an across-the-board 2% increase for those Civil Service employees not eligible for command rank increases effective January 2, 1993 would cost approximately $60,000. That money would fund a 2% increase to police and fire employees at the top of the range and not eligible for step increases. Harrell reviewed the step increases available to the c ` 1 n Q~Q3/ tp';wh NO. City of Denton City Council Minutes September 8, 1992 Page 16 6 police and fire departments. Council Member Perry stated that those employees would have to deal with health insurance increases as would the other employees. City Manager Harrell replied that that was correct. If a 2.6% increase were given to all City employees beginning January 1, 1993 through April 1, 1993 a 2% lump increase would be a greater increase than the average 2.6% increase. The increase could be given any time during the year and it cost would be the same. Council Member Perry thought that the Civil Service pay plan for fir(, and police was equivalent to the Mercer plan over the total force. He thought they had built in the same kind of pay increases over the period of time. i Mayor Pro Tem Hopkins knew that it was not part of the Mercer program but thought it was taken care of in the Civil Service program. Council Member Perry felt it was not equitable between the two systems. i City Manger Harrell stated that there were three different ways to deal with this suggestion. one way was to give everyone who would not receive an increase including the 14 police and top of range in police and fire a 2% increase which would require $48,161. A second alternative was to deal only with top of range employees which would require $37,536. Alternative three would involve top of range and would increase the top of range step by 2% effective January 1 and would cost $28,132. The down side of that increase was that it would increase future costs as opposed to a lump sum payment. Council ::ember Miller indicated that he was in favor of the last alternative to increase the top of the range by 2% effective January 1, 1993. Council Member Chew agreed with alternative three. Council Member Perry asked if this would be equitable with all other employees. City Manger Harrell replied that it was the most equitable discussed so far. Council Member Perry stated that these two groups had special pay Would plans with special steps and special regulations. Would increasing i' r D City of Denton City Council Minutes September 8, 1992 U Page 17 the top of the range and alternating the plan give them an advantage over the long run over the average City employee. Council Member Smith asked if there were still some people who would not be at a step level and who would not receive an increase. City Manger Harrell stated that There were 14 police officers who F were in between steps and who would not receive an increase. Mayor Castleberry stated that if 2% were added to the top of the , range level, all of the levels would get out of synchronization. Council Member Brock stated that the step system was established as a special benefit for civil service and granting an increase would interfere with how that worked. Council Member Miller felt that if an increase were given for command ranks and for everyone else, then it would be equitable to do an increase for those at the top of the range. I Council Member Brock asked if it would permanently add another step. council Member Miller replied no that it would only increase the top step by 2%. City Manager Harrell stated that the current top step for a fire fighter was $28,518 and the new amount would be $29,088. The police officers top step was $31,773 and the new increase would be $32,408. Miller motioned, Chew seconded to increase the top step for Civil { service for police and fire by 2% effective January 1, 1993. on roll vote, Brock "nay", Miller "aye", Hopkins "nay", smith "nay", Chew "aye", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 5-2 vote. City Manager Harrell reviewed the possibilities for balancing the budget. Mayor Pro Tem Hopkins suggested increasing the sales tax an additional 1%. City Manager Harrell suggested allocating the $20,000 of economic development money by keeping $3000-$4000 and put in the City economic development office. Consensus of the Council was to split the amount between the City r i' r. s 1 es.- 6 ejl City of Denton City Council Minutes September 8, 1992 M Page 18 4 and the chamber so that $10,000 would be used to increase the City's economic development efforts. i The Council directed the City Manager to find rest of the $70334 to balance the budget. , Mayor Castleberry stated that this would put the City at the effective tax rate. Council Member Miller stated that he was in favor of the swimming pool project but had a problem when all of the senior police officers and senior fire fighters would not be receiving an increase when everyone else was. The senior people were not receiving an increase due to an inequity in the system. Council. Member Smith stated that the increase was not done for everyone. Fourteen people would not receive an increase. Council Member Miller replied that they were in a pay plan scheduled for an increase next year. When an employee reached the top all increases stopped unless council did something. City Manager Harrell reviewed the utilities sections of the budget. 1. Recycling currently the household hazardous waste program at $16,500, the paint swap program at $9,575 and the waste minimization and recycling program at $6,000 were included in the budget. There was no city-wide recycling program included in the budget which would cost $1.25 per month per customer. A voluntary recycling program would cost $3.25 per month. council Member Perry asked if the household hazardous waste and paint swap program applied to residents only. City Manager Harrell replied that the program applied primarily to residents but that there was no intent to limit commercial participation. Consensus of the Council was to proceed with the above three mentioned programs. Council discussed the city-wide recycling program and tho voluntary recyc U ng program. Council Member Brock stated that she assumed that the $117,000 needed for the voluntary recycling project was projected on the \ 6v. 1 2j City of Denton City Council Minutes September 8, 1992 l/ Page 19 number of participants. Bill Angelo, Director for Community Services, stated that it was projected on a 20% participation rate or 3000 customers, The voluntary program would cost more than the city-wide program due to the time involved. Council Member Brock asked if there would be a time for people to a sign up for the program and if the 20% figure was not reached, then the program would not be done. Angelo stated that that type of a decision would have to be made xl~ ahead of the program. If Council approved the package, a date would be set for signing up and if the participation rate was not received, then evaluate whether or not to do the program. Council Member Brock asked about the advertising for program. Angelo replied that it probably would cost $2000-3000 for advertising, Council Member Miller stated that Council did not have to decide this issue for this budget as it was not part of the proosed He suggested that it be st+idied further and council consider it at a later date. City Manager Harrell reviewed the utility fees recommended by the Public Utilities Board for the 1992-93 budget. Those included a 5t rate reduction in the electric rates, a 6% rate increase in the water rates, a 10% rate increase in the wastewater rates, and a 3.5% rate increase in the sanitation rates, i Chew motioned, Smith seconded to follow the recommendations from the Public Utilities Board except for the wastewater rate which should be increased to 15$. On roll vote, Brock 116ye" Miller. "aye", Hopkins "aye", smith "ayes', Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, Council Member Miller asked about the possible funding for the Poison Center as Council had not taken any action on that item. City Manager Harrell stated that there was no money for that purpose. Consensus of the Council was to not provide funding for the Poison Center. Council Member Miller stated that some advertising needed to be i" i I. City of Denton City Council Minutes September 8, 1992 Q Page 20 done for citizens as to what to do in an emergency situation. Mayor Castleberry asked for a staff report on how this would be handled. With no further business, the meeting was adjourned at 9:25 p.m. 0 BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOB6 I 1992-93 BUDGET BALANCING CHART PER COUNCIL DECISIONS ISSUE _ + - TOTAL County Funding - Library 12,806 e12,806> Utility Sales Tax - repeal 198,165 1850359 Health Insp. Fee Increase 9,140 194,499 Mercer (2.6% in January) 324,849 TMRS 108,500 <21,850> _ Library Funding 91430 <310280> , Over 65 Exemption 17,026 <14,254> Pool 46,000 <60,254> -F Mowing North Lakes 10080 <61,334> 3 times per year Sales Tax (+1*) 54,000 <70334> C' I l I T Rim r /e F 4/w -9z CITY OF DENTON CITY COUNCIL MINUTES SEPTEMBER 15, 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 Menbers ` Brock, Perry, Smith and Miller. ABSENT: Council Member Chew 1. The Council convened into the Executive Session to discuss q legal matters (considered intervention in Dallas County Park Cities Municipal Util tv District v City of Dallas and City of Grapevine), real estate, and personnel/board appointments (considered appointments to the Downtown Advisory Board, the r Electrical Code Board, and the Animal Shelter Advisory Committee).` Council Member Chew joined the meeting during the Executive session. 2. The Council received a report and held a discussion regarding the Ray Roberts Greenbelt and gave staff direction. Howard Martin, Director of Environmental Operations/ Financial Administration, stated that staff was requesting council input regarding the greenbelt project and consensus to continue with the project. The City was contractually obligated to provide recreational facilities for the Ray Roberts water supply project. These obligations required recreational facility development at Lewisville because of the pool raise authorized by the Ray Roberts project. The Greenbelt Corridor was an alternative to additional recreation facility development at Lewisville. If approved by Council, a letter of intent would be sent to the Army Corps of Engineers which would initiate the necessary contract negotiations required for the Greenbelt Corridor development. Mayor Pro Tem Hopkins asked if these were the funds promised in the development of the lake to fund for Ray Roberts and if not used for this purpose, the funds would go to Lewisville Park. Martin replied that the City had additional conventional facility development requirements on Lewisville. The greenbelt was an alternative to additional conventional facility development at Lake Lewisville. Funding for the Greenbelt project was initially established at 25% Texas Park and Wildlife, 37.5% Federal Government, 27.5% City of Dallas and 9.75% City of Denton. in October 1992, the Texas Park and Wildlife Department notified the Cities of Denton and Dallas that they would no longer participate in their share of the up-front capital cost of the project. That left the sponsors with the responsibility of all of the non-federal share of the money. The three major issues affecting the Greenbelt Corridor project were (1) the cost sharing arrangement for the project was established by the Water Resource Development Act of l` S .4 V City of Denton City Council Minutes September 15, 1992 Page 2 'vw 199 at the 62.5% non-federal share and 37.5% federal share, (2) the issues with the Texas Park and Wildlife Department would not finance: the capital or the operation and maintenance of the Greenbelt Corridor project, and (3) the Office of Management and Budgets indicated that the federal government would not provide up- front funding. The City of Dallas had already committed to the project but Denton had not as it was trying to influence legislation which would reverse the cost share from 62.5%/37.5% to a 50$/50$ cost share. Legislation had been introduced and the bill s was out of committee but not yet approved by the Legislature. Another issue was the up-front funding. Martin had received some verbal confirmation from the Army Corps of Engineers indicating that they agreed with the City's position that the greenbelt was a modification to an existing recreational contract and should follow the funding mechanism of all the other recreational facilities which the Federal Government had required of the sponsors. The Army Corps of Engineers felt that they had a very strong case to convince the Office of Management and Budget to follow that same funding mechanism. The City had received verbal indication that the Corps would support that position to the Office of Management and Budget. They indicated that they would not support the cost share position. If the Corps would support the up-front funding issue, two of the three issues were dealt with. The third issue had nothing to do with the Corps. The Texas Park and Wildlife Department agreed to operate and maintain the greenbelt at the 14 City's expense. IrCouncil Member Perry asked if with operation and maintenance the City would be allowed to use revenue from other sources and use it in the greenbelt. Martin replied that the City had received verbal approval for that. Rick 5vehla, Deputy City Manager, stated that if the City had to go to Lewisville, it would have to spend some up-front money. By the time the city finished the operation and maintenance costs over the length of the life of the project, more money would have been spent than the up-front money on the greenbelt, Martin stated that originally Denton's share under the cost share percentages was approximately $890,000 of up-front costs. When the State backed out, that left $2.3 million to split between Dallas and Denton. That upped Denton's share to $1.4 million. Uc was felt that the legislation which had been introduced would revert back to a 50$-50% cost share and make City's cost $1,2 million, Council Member Miller asked for the time frame for commitment. 1 J r. City of Denton City Council Minutes3 e 6 4 September 15, 1992 Page 3 Martin replied that the Corps would have liked a commitment in February of 1992. Council Member Miller asked which fund the capital investment came from. Martin replied that it would come from utility funds, specifically } water.. f Council Member Miller asked what Dallas had done relative to this issue. Martin replied that Dallas was already committed to 74% of the project. Mayor Pro Tem Hopkins indicated that the City would be acquiring property rights when the project was started. The citizens along creek were promised that the City would not take their property. She expressed concern over taking property in the area. Martin replied that there would be a narrow band of property to acquire and in some places would only be 500' wide. The property which the City would buy was a very small amount and would contain facilities such as trails and camping. Some areas would be a buffer zone which only restricted building structures and was an ecological easement. Mayor Pro Tem Hopkins asked for the size of the buffer zone. Homes would not be disturbed for camp grounds or similar facilities. Martin replied no that in some cases the zone would be only 500 feet wide. Consensus of the Council was to proceed with the plan and send a letter of intent to Army Corps of Engineers to participate in the project. 3. The Council received a report and held a discussion regarding a petition to release the Bridges-Hemphill Escrow Agreement for perimeter paving and gave staff direction. Jerry Clark, City Engineer, indicated that a request had been made to be released from a perimeter paving escrow account prior to the time that it was originally agreed to be released. The 220 feet of frontags. was required to be perimeter paved and could have been done either when the development was done or could have been postponed if a CIP program had been planned. At that time Masch Branch Road was in the CIP. Five years ago when the property was I City of Denton City Council Minutes September 15, 1992 Page 4 platted, the participants were required to sign an escrow agreement for $10,000. They agreed what when the road was completed, they c would participate in their share of the cost. The participants were now requesCing to be released from the escrow account,. Since the time that the escrow was originally signed, the ordinance had been revised to indicate a five year time frame as opposed to a ten year time frame. Staff felt that it was a council decision on whether or not to release the escrow agreement, Masch Branch Road r had been in the CIP but had since been removed and was not in any planned improvements for the next five years, It did not appear that Masch Branch Road would be improved without a special assessment. current ordinance requirements indicated that if after five years the City did not do the perimeter paving and used the escrow money, the money should be rrA eased. The prior ordinance had a ten year time period. Staff did not know if council wished to refer the matter to the Planning and zoning commission and then ~ back to Council or to handle the matter on the Council level. Council Member Chew asked if the escrow agreement had been done under the old ordinance which required a 10 year limit. Clark replied correct. Mayor Pro Tam Hopkins indicated that the city did not have the project in any five year plans. Deputy City Manager Svehla stated that unless City came into a lot of money in the next years, Masch Branch Road would not be done. Mayor Pro Tam Hopkins felt that the escrow should be released. Council Member Smith agreed. Council Member Chew agreed but questioned if it should go through proper channels and first go to the Planning and Zoning Commission. Deputy City Manger Svehla stated that an ordinance voiding the contract would be the quickest way to proceed. Consensus of the Council was to proceed with an ordinance to release the escrow agreement. The council convened into the regular session at 7:00 p.m. in the Council chambers. 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of ~Y p f. r City of Denton City Council Minutes September 15, 1992 Page 5 The Council and members of the audience recited the sledge of Allegiance. 2. The Council considered approval of the minutes of the egular Session of August 4, 1992, the Work Session of August 11, 19R92, the Regular Session of August 18, 1992, and the Work Session of August 25, 1992. Miller motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins Faye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Citizen Reports I A. The Council received a citizen report from Mrs. Cecil Baugus regarding a Neptune Street Neighborhood Thank-you. Mrs. Baugus stated that she would like to say thank-you to the council and staff for all the work done with the neighbors and the Texas Department of Transportation regarding construction on the new Loop 288. The neighborhood had found out that Loop 288 would be close to their homes without warning. After many meetings and much paperwork, they had received their end results. A sound wall would be built for noise and traffic safety. She read a letter, which was added to the agenda back-up materials, from the Neptune Street residents thanking all for their help to resolve their problems. 4. Public Hearings A. The council held a public hearing and considered 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 was located south and east of Sam Houston School, approximately 100 feet west of F.M. 2181, (The Planning and Zoning Commission recommended approval.) Z92-021 Rick Svehla, Deputy City Manager, stated that staff briefing would include Items 4A and 4B, Frank Robbins, Executive Director for Planning, stated that the site would remain a planned development district. The change within that planned development district would be to change a number of duplex and zero-lot line lots to single-family detached residential houses. The density and intensity were being greatly r 1 tiJS ~ City of Denton City Council Minutes September 15, 1992 Page 6 reduced. This was a mixed-use development and some of the lots would not be changed. The Planning staff and the Planning and zoning Commission had waived showing the detailed foot prints of ` the houses which was the normal procedure. The envelope of those buildings were laid out as shown by different setbacks from the front and rear sides. The plat would create the lots for the uses requested. The Planning and Zoning commission recommended a of the plan and the plat to Council. pproval The Mayor opened the public hearing. Harry Phillips, one of the petitioners spoke in favor of e proposal. He stated that the property was originally designedtas duplexes, it was decided that this type of home would not work in r Denton as the market seemed to lean toward single family homes. He was comfortable that this project would be completed and asked 1 council for approval. Edmond Bri, petitioner, stated that the replatting would enhance the property and would out the density in half. He asked for council approval. William Sims had completed a card to address the Council but decided not to speak. No one spoke in opposition. The Mayor closed the public hearing. Council Member Perry asked to have the recreational area described. Robbins indicated on a location map the area which would be developed as a recreational area. The following ordinance was considered; No. 92-150 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE APPROVAL OF AN AMENDED DETAILED PLAN FOR 15.271 ACRES OF THE 16.6 ACRES OF LAND WITHIN THE PLANNED DEVELOPMENT DISTRICT ESTABLISHED BY ORDINANCE N0. 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, t` r A'iic'!tht lknR _ City of Denton City Council Minutes ` September 15, 1992 7 Page 7 Brock motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller Ilaye", Hopkins "ayelt, Smith "aye,,, chew un"aye",animousPelyrry llaye~l , and Mayor Castleberry "aye". Motion carried . B. The Council held 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 was south and east of Sam Houston School, approximately 100 feet west of F. M. 2181, (The Planning and Zoning commission recommended approval,) The Mayor opened the public hearing. I No one spoke in favor. I Wo one spoke in opposition. The Mayor closed the public hearing, Hopkins motioned, Smith seconded to approve the preliminary and final replats. 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 to consider approval of the final replat of Lot 3, Block A, Canyon Bluff Addition into Lots 3A, 3B, 3C, and 3D, Block A. The 14.249 acre site was in Denton's extraterritorial jurisdiction, fronting on Orchid Hill Lane, (The Planning and Zoning Commission recommended approval.) Frank Robbins, Executive Director for Planning, stated this was the final plat which Council had approved the preliminary plat on August 18, 1992, The Council had also granted a variance to the internal sidewalks. With that variance, the Planning and Zoning Commission found that all the other elements of Chapter 34 had been met and recommended the p'at for Council approval. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing, \ 4 c 1 City of Denton City Council Minutes September 15, 1992 Page R Smith motioned, Hopkins seconded to approve the final replat. 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 to consider approval of variances to Sections 37-7 (c) and 34-114 (11b) of the Subdivision Regulations. The site was at the terminus of Chiquita Lane, 1 approximately 1000 feet east of Carmel Road. (The Planning and zoning commission recommended approval.) 4 Frank Robbins, Executive Director for Planning, stated that there were two variances for Council to consider. He requested that Council vote separately on each. The first variance was a procedural varianco which pertained to the requirement to submit a variance application concurrent with a preliminary plat of the same property. There was a request for a variance to that procedure. The second variance concerned the construction of an 80 foot cul- de-sac at the end of Chiquita. In regards to the first variance, the Planning and zoning commission found that all three elements of the variances had been met. The three variances and responses by the Commission were: (1) granting this request would not violate any master plans as defined by Chapter 34 of the Subdivision and Land Regulations. The Commission found that no master plan was violated; (2) the special or peculiar conditions upon which the request was based related to the topography, shape or other unique physical feature of the property. The Commission found that the uniqueness of the request was the divided ownership of the land and the fact that a plat of the land would vary depending on the granting of a variance to Chapter 34 114(11b) pertaining to thn construction of a cul-de-sac; (3) the special or peculiar conditions upon which the request was 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 iA pr{or owner of the land, created the need for this request. The Planning and Zoning Commission found that Council should grant the procedure variance. In regard to the second variance, 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 the uniqueness to the land. The Planning and Zoning commission recommended to approve the variance with one condition which was to exte,id Chiquita 30 feet or provide 30 feet of frontage to be made to the existing lot, The Mayor opened the public hearing. r' 4 t . i i d City of Denton City Council 1x'10 r0 6`7~ September 15, 1992Minutes9_ Page 9 f ' William Kernek was a resident of Chi build a home on a quite, He was e was willin to portion of the property he currentlyrowned,~g He concra g extend Chiquita as far as necessar de-sac be temporary treewhich might have to be cut downy Th but e cuffs owners were not known, as the other plans of the other agreed to sell The owner of the adjoinin land I part of his lot in order to complete the Op had prrooje ect, No one spoke in opposition, ° The Mayor closed the public hearing, Mayor Pro Tem Hopkins stated that she did not have a regarding the variances, she wanted Lo address a statement in the Planning and Zoning Commission minutes which was question Salmon. Mr, salmon had responded to a question regarding e b the property at the north other than b by David responded that the by cul-de-sac. access to Subdivision and his lot property twnner lived in the He Sad Southmont dicated that Mr, Grant had just completed hisproperty, Hopkins in at the end of Destin. home in Southmont and lived access en his Staff had suggested that he could have important. property through that and that this was Destin could not be extended and that was not a not street whici, cautioned thatwwhpn Mx extended public into Mr. Grant's the right of ingress and Gegressoandtan easement on the party. She property that he maintained Council voted on the property' Procedural variance. Miller motioned, Chew seconded to approve the on roll vote, Brock rr "ayer'. Chew 11n procedural variance, Motion carried unanimously. Perry sly, I, Miller "aye'?, Hopkins 're ry smith aye "aye", and Mayor Castleberry r+ayen, council voted on t he requirement, variance associated with the cul-de-sac Miller motioned, Chew seconded to approve variance with the condition outlined by the Planning and Zoning Commission. on roll vote, Brock r' It "aye", Perryaen Miller "aye" Hopkins "ayer', Smith 'rays", chew unanimously, Ye and Mayor Castleberry "ayerl Motion carried I l i Ar7~drJ,ri;Bfp, City of Denton City Council Minutes September 15, 1992 Page 10 5. Consent Agenda Smith motioned, Hopkins seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", ye, ' Miller "aye", Hopkins "ayes Smith "aye", Chew "aye", b y and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders; n 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 026073 - American Management System 6. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. {5.A.1. - Bid #141+0 The following ordinance was considered: No.92-151 AN ORDINANCE ACCEPTING COMPETITIVE BIDS CONTRACT FOR THE PURCHASE OF MATERIALS AND AWARDING A SERVICES; PROVIDING FOR THE EXPENDITUREQUIPMENT, SUPPLIES OR AND PROVIDING FOR AN EFFECTIVE DATE. OF FUNDS THEREFORE; Smith motioned, Chew seconded to adopt the ordinance. vote, Brock "a e++ " On roll "aye", Perry "ayei+,MandeMayor Ca t 1 berr I'ay ye" Smith "aye'+, Chew unanimously. Y aye Motion carried B. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A,2. - Bid #1403, 5.A.3. - Bid #1412, 5.A.4.- Bid #1420) The following ordinance was considered: l i n I City of Denton city council minutes September 15, 1992 Page 11 G NO. 92-152 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE f AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. " Brock motioned, Smith seconded to adopt the ordinance. On roll voteBrock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, C. The Council considered adoption of an ordinance providing for the expenditure of funds for emergency purchases of materials, equipment, supplies or services in accordance with the provisions of state law exempting such purchases from requirements of competitive bids, (5.A.5. - PO ,26070, 5.A.6. - PO ,26724) The following ordinance was considered; NO. 92-153 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. Smith motioned, Hopkins seconded to adopt 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 considered adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids, (5-A.7. - PO #26073) The following ordinance was considered: .y it ~o W `ez, City of Denton City council minutes September 15, 1992 Page 12 NO. 92-159 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance, On roll 'ate, Brock "aye",Miller "aye", Hopkins "aye", Smith "aye", chew Y , Perry "aye", and Mayor Castleberry "aye". Motion carried a unanimously. E. The Council considered 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, Mayor Pro Tem Hopkins motioned to reconsider the vote taken at the work session last. Tuesday, September 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. Council Member Miller seconded her motion. She read a statement regarding her motion which was filed in the agenda back-up materials following the meeting. Mayor Castleberry stated that six speaker cards had been received but the individuals did not wish to address the Council. Comments on the cards indicated that the individuals were opposed to the osed budget andpfire employees at the top of allow their for saa pa lary range. for police Council Member Perry stated that he saw an inequity in the proposed benefitssand head nredu ot ant to see hat the increase in health Mayor Pro Tem Hopkins' motion, happen. He would support council Member Smith stated that she had previously voted to not grant the increase. She understood the needs of the upper ranks ' and that they needed an increase. The problem she believed was that personnel matters for ranks and pay steps should come through the usual channels where they had been studied and worked on, She wished this had been done through the usual orderly fashion with study and figures, She believed Council was one of policy making and not to set ranks and steps, she questioned the procedure of how the increase was being proposed. Council Member Miller felt that this was a difficult procedure, The Co,incil was not going over management's authority but rather the process was one related to the budget process. Management had City of Denton City Council Minutes September 15, 1992 Page 13 recommended no increases due to the present financial conditions, Much information had been received during the budget process. Because this was associated with the budget process he could agree with the process. Policy was the work of the management staff but budget was a part of the Council's work. On roll vote of the motion to reconsider, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, q The following ordinance was considered: ~ NO. 92-155 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; AND DECLARING AN EFFECTIVE DATE, 1 Hopkins motioned, Chew seconded to adopt the ordinance adopting the budget as presented reflecting a change adding $30,573 to the fire and police budgets and reflecting the appropriate withdrawal from the reserve balance. John McGrane, Executive Director for Finance, suggested wording the motion to amend Section II - General Fund appropriation to read $28,321,592 which would reflect the change and to amend the Annual Program of Services. Hopkins revised her motion to reflect McGrane's suggestion as did Chew for his second. Council Member Miller stated that there were still employees in the Civil Service ranks who were on a two year schedule and who were not covered. To provide an increase for those employees would have changed the whole Civil Service structure. Those individual:, would " receive an increase at a later date. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously, F. The Council considered 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; - - ki i ~'JF n da ~ IJf71 ~_~~J?~p~ City of Denton City council minutes r,L September 15, 1992 D Page 14 t and providing for a severability clause, John McGrane, Executive Director for Finance, stated that the ordinance had been revised to remove the section for an elderly ' exemption increase. Section V would need to be eliminated. The following ordinance was considered: NO, 92-156 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; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance with the change as indicated. ne roll vote, Brock "aye", Miller 'tayelf, Hopkins pia en "a,,, Castleberry "aye", Motion carried unanimouslyY uayeu' and Mayor G. The Council considered adoption of an ordinance repealing Ordinance No. 78-043 which provided for the repeal of the It City sales tax on residential gas and electric services; and reimposing previously adopted tax on residential use of gas and electricity, John McGrane stated that in order to balance the 1992-93 budget, the exem would need to be repealed tax on and that residential revenue wougas ld then electric use General Fund, go into the The following ordinance was considered: NO. 92,-157 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, REPEALING ORDINANCE, N0. 78-43 WHICH PROVIDED FOR THE REPEAL OF THE ONE (1%) PERCENT CITY SALES TAX ON RESIDENTIAL GAS AND ELECTRIC SERVICES; REIMPOSING PREVIOUSLY ADOPTED TAX ON RESIDENTIAL USE OF GAS AND ELECTRICITY; AND DECLARING AN EFFECTIVE DATE. i r. e' i~ City of Denton City council minutes September 15, 1992 O Page 15 Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye"11Ailler "ayePl, Hopkins "aye", Smith "aye", Chew "aye", Perry aye , and Mayor Castleberry "aye$'. Motion carried unanimously. H. The Council considered 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. Barbara Ross, Community Development coordinator, stated that the next two ordinances would allow the City to continue administering the housing and rental rehabilitation program in the same way they had always been run. Council approval was needed for projects in excess of $10,000. This ordinance would allow the projects to proceed without Council approval for each and every project. Council Member Perry asked if there was an upper dollar limit on the projects. Ross replied that the maximum limit was $15,000 for housing 1 rehabilitation and $8500 for rental rehabilitation. Council Member Perry asked who set those limits. Ross replied that HUD set the limits for rental rehabilitation and the City set the limits for the housing rehabilitation. The following ordinance was considered: NO. 92-158 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 EXPENDITURES IN 7XCE5S OF $10,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 1. The Council considered adoption of an ordinance approving the guidelines for the Rental Rehabilitation Program and eligibility criteria, and authorizing expenditures in excess of r_ r, b7!toll- City of Denton City Council Minutes September 15, 1992 Page 16 $10,000 for projects meeting program guidelines and criteria. t The following ordinance was considered: NO. 92-159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, APPROVING THE GUIDELINES FOR THE RENTAL REHABILITATION PROGRAM ° AND ELIGIBILITY CRITERIA] AUTHORIZING THE EXPENDITURE IN EXCESS OF $10,000 FOR PROJECTS MEETING PROGRAM GUIDELINES AND CRITERIA) AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered 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 #1404) Max Blackburn, Rick Manager, stated that Arkwright provided the current coverage and had provided excellent service. The cost of the insurance had decreased from the previous year. The following ordinance was considered: NO. 92-160 AN ORDINANCE ACCEPTING THE PROPOSAL OF ARKWRIGHT INSURANCE COMPANY FOR PROPERTY/CASUALTY, BOILER/MACHINERY, COMMERCIAL CRIME AND VEHICLE COLLISION INSURANCE COVERAGE; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, smith seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. K. The Council considered adoption of an ordinance 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. r ~ Apor~1:~ Ilan ~ City of Denton City Council Minutes September 15, 1992 Page 17 The following ordinance was considered: NO, 92-161 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 ($92,999.00) FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND TO VARIOUS ACCOUNT FUNDS; APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1992-92; AND DECLARING AND EFFECTIVE DATE. Perry motioned, Hopkins seconded to adopt the ordinance, on roll vote, Brock I'aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "ayelt. Motion carried unanimously. L. The Council considered 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 recommended approval,) I' l Howard Martin, Director of Environmental Operations/ Financial Administration, requested approval of an agreement for joint use of poles owned by Denton County Electric Cooperative for the transmission of power from the Ray Roberts Hydroelectric unit. In order to get power from the Ray Roberts hydroelectric unit back into the Denton grid system it was necessary to construct electric feed through the Denton County Electric Cooperative territory and as a result, the Cooperative redesigned and reconstructed a double circuit for the City. The following ordinance was considered: No. 92-162 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND DENTON COUNTY ELECTRIC COOPERATIVE, INC., AN ELECTRIC COOPERATIVE ORGANIZED UNDER ARTICLE 1528b, REVISED CIVIL STATUTES OF' TEXAS FOR THE JOINT USE OF WOOD POLES NEAR LAKE RAY ROBERTS, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. l r City of Denton City Council Minutes ~!Z September 15, 1992 Page 18 !i Hopkins motioned, Miller seconded to adopt the ordinance. On roll vote, Brock "aye'', Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry 'lave", and Mayor Castleberry "aye". Motion carried i unanimously. r M. The Council considered adoption of an ordinance authorizing the Mayor to execute an agreement between the City of Denton and Baker-Shiflett/Emeon, 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 recommended approval.) Howard Martin, Director of Environmental Operations/Financial Administration, requested approval for this contract with Baker- Shiflett in the amount not to exceed $51,100 relating to soils and concrete testing and laboratory services for the wastewater treatment plant expansion. The contract included $15,000 of retesting which would be reimbursed to the City. The following ordinance was considered: NO. 92-163 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN 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; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE. Smith motioned, Perry seconded to adopt the ordinance. On roll "aye, Brock "aye", Miller "aye", Hopkins "aye", Smith "ayes+, Chew unanimouslyy ay + and Mayor Castleberry "aye". Motion carried N. The Council considered 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 recommended approval.) Rick Svehla, Deputy City Manager, stated that due to recent construction on Withers and increased traffic, neighbors and staff determined that withers as too narrow for parking. The matter was taken to the Citizens Traffic Safety support commission and all of the property owners along the street had been contacted. No one i c Cit Y of Denton Cit September 15 Y Council Minutes r UU Page 19 1992 -!_2 indicated a problem with the ordinance. The following ordinance was considered; NO, 92-164 ' I AN ORDINANCE OF THE CITY OF pARXING OF VEHICLES ON bENTON, TEXAS INTER SRC VI TNG TH BELL AVH SIDES OF WITHERS STR ETr FROM THE ITS ROAD A SEVERABILITY C LA., ITS INTERSECTION WITH Y N T A' EXCEED TWO AND DA HUNDRED DOLLARS IAUSE; PROVIDING A PENALTY NOT DECLARING AN moti: E.oned , Smith EFFECTIVE i vote, Brock perry seconded t "aye", Perry aae;, Miller "aye", Hopkins the ordinance, roll unanimously. ye and Mayor Castleberry'a1ae~ „ Smith " Ott Chew aye 7' Resolutions Y Motion carried A. The council co the 1992-93 fiscal nsidered a Communication Year budget Of the of a resolution approving District, Pursuant the Denton Count John McGrane to Article .1432e V Y Emergency required the' Executive Director for Finance , stated Aat s all the DENCO Area 9-1-1 District jurisdictions within the county to submit t that state law by a majority of those their to the county and District had alread jurisdictions, budget for approv y received a majority e understood that t that t al The following approval. he resolution was considered; NO. R92-047 A RESOLUTION APPROVING THE DENTON COUNTY EMERGENCY CO 1992-93 FISCAL YEAR BUDGET ARTICLE 1432e V•A•T S MMUNICATIoN DISTRICT URSUANT OF ITO Brock ' AND PROVIDING AN EFF ' E DATE. motioned, ,smith sect to ECTIV rove DATE. ~ vote tided a t, ,lays", perry l' aye+1 ,Miand ll Ma"aye" Hopkins tahe resolution, On roll unanimously, Yor Castleberry "aye„ Smith "aye", Chew Motion carried B. The Council authorizing the Cu considered the Texas Y Manager to si approval of a resolution application Department of Housing and submit an application to certifications HOME', g and community Affairs ' as authorizer and funding with to ' prori required by the CranstOn-Gonzalez 4 I. City of Denton City September Y Counc 15, 1992 it minutes lQ=.ter.-_~~ Page 20 National Affordable Housing Act. Barbara Ross, re Community " solution Y Development would would complete the Coordinator, structure9uest $1 million application for home that th he stated in th e City. The which $33,000 and would help stat aPProximatfunding whic a would limitelY c allow more ext would be betweensiv0s reconstruction en s The following resolution was 80 en $ere, considered; than before. NO. R92-048 t A RESOLUTION OF THE CITY COUNCIL H AUTHORIZING 'rNE CITY HOME OF HOUSING MANAGER TO SIGN ANDI SUBMIT To THE TEXAS, " AND ROGRAP4 FUNDING COMMUNITY AFFAIRS APPLICATION TEXAS Fo~ AUTHORIZED AND REQUIRE,) TH APPROPRIATE CERTIFICATIONS N AS BY THE AFFORDABLE HOUSING NATIONAL ACT, AND PROVIDINGNSTON-GONZALEZ Perry motioned, Chew AN EFFECTIVE vote, Brock toa n seconded to approve DATE, n roll unanirmouslyY rrayerr,MandeMa'yorelCa t eberryta aYe,ssmith° Motiaon yeoI Chew C• The Council supporting the a considered Texas Departmentpplication of the Den approval of a re fundin g in order to rehabilitate g and Communit Housing AuthoritY s toluti°n 306 S, Locust and' rehabilitate the y Affairs HO o the tenants, provide re CrawfordB for ME Prograat m rental subsidies for low income The following resolution was considered; A RESOLUTION No. R92-049 APPLICATION OF Y THE CITY OF THE DENq'ON, TEXASr SUPPORTING DEPARTMENT OF !lOUSIN DENTON HOUSING THE FUNDING IN ORDER TO AND COMMUNITY AFAUTHORITY FAIRS FOR TO THE TEXAS AT 306 S. LOCUST REHABILITATE THE C HOME PROGRAM ELDERLY TENANTS AND AND PROVIDE RENTAL SUBSIDIES BUILDING LOCATED PROVIDING AN FOR Low INCOME NCOME Chew te motioned, Hopkins seco EFFECTIVE DATE. vo nded f it uaye"oBPerry"naeMiller 'aye 't Hepkinse,rthe resolution. unanimously, ye and mayor Cast.l aye"1 Smith myelin roll eberry r'aye1r Motion carried f rr. City of Denton City Council Minutes September 15, 1992 Page 21 G D. The Council considered approval of a resolution authorizing the city Manager ~:.o execute on behalf of the City of Denton an administrative serv.-~ce agreement with the International City Management Association Retirement Corporation (ICMA-RC). Ike Obi, Human Resources Specialist/Benefits, stated that this c resolution would allow the city to formalize an agreement with the ICMA-RC to waive an $18 fee required for active accounts, This would be an opportunity for current employees and encourage other employees to get involved in the program. The following resolution was considered: NO. R92-050 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, I Chew motioned, Perry seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "ayes", and Mayor Castleberry "aye". Motion carried unanimously, E. The Council considered approval of a resolution accepting a grant from the office of the Governor in the amount of $38,185 for the Drug Abuse Resistance Education Program sponsored by the City. Rick Svehla, Deputy City Manager, stated that this was an ongoing program. The City had received notice that it was eligible for the j grant for this year. ' The following resolution was considered: N0. R92-051 A RESOLUTION ACCEPTING A GRANT OFFER FROM THE OFFICE OF THE GOVERNOR IN THE AMOUNT OF $38,185 FOR THE DRUG ABUSE RESISTANCE EDUCATION PROGRAM SPONSORED BY THE CITY; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Perry seconded to approve the resolution. on roll vote, Brock Faye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. r f , City of Denton City Council Minutes G7 September 15, 1992 0 Page 22 F. The council considered approval of a resolution requesting the Texas Municipal League to adopt a resolution to amend TEX. GOVT CODE ANN. Sec. 30.481 et seg. providing for the appointment of municipal court of record judges; and supporting creation of a Municipal Court of Record for the City of Denton. Jerry Drake, Assistant City Attorney, stated that the current statue provided that the City would hold an election to decide whether to appoint or elect the judge for municipal court of record. This resolution would urge the Texas Municipal League to + i support an amendment to allow the judges to be selected by appointment. The following resolution was considered:^ NO. R92-052 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; SUPPORTING CREATION OF A MUNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins 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. 8. The Council considered an appointment of a voting and alternate voting delegate to the 1992 Congress of Cities. Hopkins motioned, Smith seconded to appoint Council Member Perry as delegate and Council Member Chew as alternate delegate. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 9. Miscellaneous matters from the City Manager. Rick Svehla, Deputy City Manager presented the fallowing items: A. Saturday was County Seat Saturday and he encouraged all to attend. B. There had been a power outage yesterday when a tree fell on a major transmission line. Approximately 5,000 customers were out of power for approximately 20 minutes, 1500 customers were out of power for approximately 30-35 minutes and 500 customers were out n r. E' { lr City of Denton City Council Minutes <r~ J G September 15, 1992 Page 23 for approximately 52 minutes. He commended the electrical staff for their work because under normal circumstances the outage would have been days and not minutes. 10. There was no official action taken on Executive Session items discussed during the Work Session. 11. New Business , The following items of New Business were suggested by Council Members for future agendas: A. Council Member Brock recommend that a work session discussion be scheduled when Council started discussing signs. B. Council Member Brock suggested working with the residents who lived on the Square in regards to parking on the Square. C. Council Member Miller suggested a report and work session discussion regarding the rental of the civic Center and the associated percentage which the City received from the profits of the rental. I The Council considered the Agenda Addendum, III 1. The Council considered 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, Catherine Tuck, Administrative Assistant, stated that this was a similar request as those in the past to allow the use of loudspeakers, amplifiers and musical. instruments on Sunday, September 20 for the City of Denton Employee Picnic, The music did not start until 1:00 p.m. but the loudspeakers might be tested before that time. Perry motioned, Smith seconded to approve the request, On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The council did not meet in Executive session during the Regular Session. With no further business, the meeting was adjourned at s:23 p.m. l 1 4 7. t1 n4, City of Denton city Council Minutes ,r/ September 15, 1992 ~ Page 24 v BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS , JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOB7 1 i h 'lei ::CITY COUNCIL - a T 7" - - - - - - - - - - - - - - - - - - - - - - - - - - 000ooo0 7 QO . o D o~ - - ; 1 x V ;i u DATE: 20/06/92 A•l;nr:tla % ~ :0-3/. CITY COUNCIL REPORT Ada'"ia Iiurn TO Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: DELTA CHI FRATERNITY REQUEST FOR A SPECIFIC USE PERMIT t RECOMMENDATION: The Planning and Zoning Commission at. their August 26, 1992 meeting recommended approval 7-0 with conditions, q SAY: Request approval of a Specific Use Permit on a 1600 square foot tract of land located at 119 Avenue A for the purpose of a fraternity meeting hall and offices (no residential), $ACK__ G OUND: See P&Z Report. J PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Code Enforcement, Building Inspections, Denton Police Department, University of North Texas and Fire Department, FISCAL IMPACT: N/A Respectfully submitted: Prepared by: ~l/. c L oyd V. Harrell l City Manager K ren K. eshari Urban Planner Approved: AExecutive'DDir' s AICP Planning and Devctor elopment AXX0010f/5 c 1 1 --r hwde No, A17enda Item /P.S' 0-41.4 11110 PLANNING AND ZONING COMMISSION Tot Mayor and Members of the city council Case No.: Z-92-020 Meeting Dates 10/06/92 GENERAL INFORMATION Applicants Delta Chi Fraternity s Denton, TX (Scott Woods, Treasurer) Current Owner: Homer Bly 2108 Holly Hill Denton, TX 76205 i Requested Action: Approval of a Specific Use Permit (SUP) on property located at 119 Avenue A for the + purpose of a fraternity meeting hall and office space (no residential). Location and Size: A 1600 square foot tract of land located near the intersection of Avenue A, West Hickory and Mulberry. surrounding Land Use and Zoning: North - General Retail and MF-1, commercial parking lot, retail and night clubs. South - General retail, strip shopping center and nightclub. East - MF-2 and parking. West - University of North Texas. Denton Development Plans Moderate Activity Center SPECIAL INFORMATION Transportation: h The proposed use can be adequately served by existing transportation facilities. C I 3 Ct 1 Case Z-92-020 AgutdaItom,_, October 6, 1992 Page 2 SPECIAL INFORMATION - Continued Utilities: Water: 611 water on W. Hickory. 1611 water on Avenue A. Sanitary Sewer: a 811 sewer on W. Hickory. 1211 sewer on Avenue A. 611 sewer on Avenue A. 6" sewer on Mulberry. Fire Protection: Fire flow is more than adequate. Two fire exits are required. The front door and the rear exit will be adequate provided the Fire Department approves this during the Certificate of Occupancy process. HISTORY This property, as well as most in the Fry Street area, was zoned General Retail (GR) by the official map adopted in 1969. This particular site was formally the Goose Inn bicycle shop. On May 11, 1992, the Delta Chi's requested a variance to the require off-street parking and was granted such as they met all of the variance criteria. ANALYSIS The Fry Street area, because of its proximity to UNT, is an extremely congested area. As this particular site is in a moderate actfvity center, intensity allocation for this tract, based on General Retail (GR) zoning, is 23.4 trips (.036 x 650). .r Agenda Item- Case Z-92--020 D AO October 61 1992 0~/ , / a0 Page 3 ANALYSIS - Continued sed use would have approximately the same intensity. Most TheproPa nconforming due to of the establishments in thisulaarea tions are As parking is a serious t noncompliance to the the cant applied for and was granted a problem in the area, variance to the regulations. The applicants have visited with the Chief of Police for UNT as well as the Vice President of Administrative Affairs and have these, staffs agreed with, they pr posed agreed to specific analyz ng condition Woods). ~ conditions: . Novembe 93. 1. Expiration this at Specific Us said time, applytfor an ext nsione f9 the The applicant nt may, SUP. i 2. Hours of occupancy and/or use shall only be: 7 a.m. - 11 p.m. Monday Saturday Tuesday, Wednesday, Friday, y 7 a.m. - 10 p.m. and Sunday 7 a.m. - 7 p.m. Thursday 3. No alcoholic beverages are to be served or sold n othe wn premises; however, members will be able to bring their alcoholic beverages to the location for their own consumption so long as no other laws, be them local. or state, are violated. When asked about the possibility of locating on Greek row, the not a applicants re ognizeethem as uoh dial fraternity yet; stated therefore the Provided the above conditions are approved with the SUP, request meets the applicable criteria as set forth in Section 35- , 112 of the Denton code of ordinances, see Attachment 6. RECOMMENDATION The Plann- ing and Zoning commission recommends (7-0) approvaLof 2-92- 020 with the following conditions: ,Y l1 f Y } S i Nomd,3 No. Case Z-92-020 Agendallem October 6, 1992 Page 4 l2ilu RECOMMENDATION - Continued 1. Hours of occupancy/use shall be limited to: Monday 7 a.m. - 11 p.m. Tuesday, Wednesday, Friday, Saturday and Sunday - 7 a.m. - 10 p.m. Thursday 7 a.m. - 7 p.m.; o i 2. The Specific Use Permit shall expire at 12:00 midnight on November 30, 1993. should the applicant renegotiate their lease with the owner for any other date, an amended Specific, U3e Permit must be approved; and, 3. No alcoholic beverages are to be served or sold on the premises; however, members may bring their own alcoholic beverages to the location for their own consumption so long as no other laws, be them local or state, are violated. ALTERNATIVES s k 1. Approve petition i 2. Approve petition with additional conditions 3. Deny petition 4. Delay consideration. ATTACHMENTS 1. Location Map 2. 8 1/2 x 11 reduction of map, 3. "Specific Use Permit Application Attachment" (provided by the applicant). 4. Letter dated July 15, 1992 from Scott Woods to the City Council. 5, Board of Adjustments Approved letter dated May 15, 1992. 6. Section 35-112. 7. Ordinance 8. Minutes of August 26, 1992 Planning and zoning commission meeting. nxxooloF ATTACIDIE NT l 8ganda {0 __.!F^_.. U l A,fientla Ilrm~is5 . RAW ,92-020 Delta Chi Fraternity z~ NORTH 1 PANHw-,o EJU uU \ nLLZJH ~2 Q$ ll.....~~JJ LL..__ ~ ~ ~ ~ ~ ~ ecak L.J ~ ~ t~l ❑ z CAOV V ELAN _ _ Pt w s~Nn caN- CRESS LOU 0 F-1 L__1 CONGRE U ` 1L!r-f1IP?I.: D P4RK`V NQUS?ON PL, w t~ PEARL J _ O a a ~ GH0.CE MINES 0 { Y U L r LL CMoL L i0 ~ .aj i m AVE. GREGG Inn[} 'EI i ~ w. oax UC7 C , W. CAK 01 m SITE ~ H w _a d J} '1{. HICKOftY'~_ L~ W. HICKORY ru a m W o MUI OER -j > HtlCO'RAY III ``III IIf SYCAMORE I1 EOVf NUS y Q J SiR000 rLHESfNUT U z C_~ U UNY m {I! CAMPUS L PRAIRIE PRAIRE U tENEIER ~ a ;NT - FBI hi.nao 1 J n L.~ L--J un+Ai Ji u iJ/'''K'I~7ELOI F MAPLE l / OLIS S U f' { w CEUM' Ll [I Fm 1-1 Q \J w d ~uARCIE_]~ COLUHS W 1 ~ ~~J II1r z r ROERA00-1'-- V~11 ? a .,fUC06RSE ~6PEEHLE£ )WEST )03 / HICKAN0 NCh1FL_ U {rPARA R. J1S a~ OQ' r O Aw"POCRAI LINOSEY UTASEY _ eE5 rN~OGE Ma,q r'FH l Date; 8/14/92 Scale, NONE ~ In ❑ D Y _-f - x Vl ~ _ , ~ In CJ Q - fff AVL LLEH - AVE. 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"Tv W151 ELEVATION- •.~....a.w .uua.A.,.w 1.. .1.14. d 1 1 , A ,4 ATTACI@IEN'r 3 moida Rum_ DA0 SPECIFIC USE PERMIT APPLICATION ATTACHMENT Under Section 35-108 of the Denton Code, descriptions of all ~ processes and activities involved with the proposed use are required. The main use of this facility will be a place .°.or the young men who are members of the Delta Chi Fraternity can. go to relax between classes with their brothers, receive information on fraternity events, and bring prospective memb,prs to meet the other members. The location will also bo used as a centralized office space for the executive officers. Weekly colony meetings will be held at this location. Non-alcoholic rush events will take place at this location. Other social activities will take plae at which a Noypeguard will be present rson will be residingpin the facility, maann g y. ''r t k., I. .,1 JI , f ..1 ' `y 1 Iffy b!. ! ~r .S ~J 1 v ATTACILHENT 4;enr a PJo. _ C Aclunda Itonr_ `~5' D:tfo a ' THE DELTA CHI FRATERNITY x'°20 UN78ox 8501 Demon, TX 76203 c I» I. v 15, 18,32 Counoil Members Denton Cit.v Council Denton, TX 75201 5 ~ Dear Board Members: 1' L-111 naking this application to the City Council because under Sectio 35-106 of the Denton Coda, the City Council has the oPPort ~ n~~nditionally approve those uses for which s re~uired. The specific ruse q unity to permit is reuiredebefore swepcanireceive the certificate of occupancy as a fraternity. Section 25-112 states that if all of th.:? Following conditions are met 3 sPeoiFic use permit shall be issued: 1• That the specific use will be compatible with,vand not injurious to the use and enjoyment of other property nor significantly diminish or impair immediate vicinity; Property values within the normal and ` the That the sorderlhment of the specific use will not impede `~aicant y development and improvement of surroundinr property; J. That adequate utilities, access roads, drainage and other necessa°y supporting facilities have been or will be provided; 4. The design, location and arrangement of all driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; b. That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and 7, That there is sufficient 14ndscaping and screening to ensure harwor+,y and compatibility with adjacent property, Issuing the specific use permit will be compatible and riot injure the use and enjoyment of other property nor diminish or impair values within the vicinity. The issuance of the specific use will not impede the normal and orderly development or improv:,mentmof drains e Property. Adequate utilities, access roads, and other necessary supporting facilities havebeen There are no driveways to the facility and a p variance IIias be y the Board of Adjustments because oflimited ing has been area. There are no activities that will take parking in the hat will produce offensive odor, fumes ' place , the dust, noise premises or vibration. ' i r. it i1 Apenda Nam._!~~ ~A 4.41-aZ_ THE DELTA CHI FRATERNITY 451 ~d UNT pox a501 • Denton, TX 76203 ` , Plo sut_;id~ lighting will be added to the facility. Street lights and extsta lights on neighboring property St provide adequate night light i nn g, There is no landscaping on Provide or adeq property, Seotion 35-113 allows the Council to impose additional reasonable conditions necessary to protect the public interest and welfare of the communty, including a time permit for which a specific use permit is valid. I have met with Chief Jackson of the University of North 'Texas Police Department and Mr. Fred Pole, Vice President of Administrative Affairs at the University of North Texas, to discuss limitations that the University, as a property owner, would want placed on the permit The restrictions are as followed: 1. The permit will expire on November 10, 1993, at which time compliance with the provisions will be verified before a continuance of the permit is issued. 2. The facility will not be occupied or used for business during the following hours: 10:00 PM Sunday until 7:00 AM Monday 11:00 PM Monday until 7:00 AM Tuesday 10:00 PM Tuesday until 7:00 AM Wednesday 10:00 PM Wednesday until 7:00 AM Thursday 7:00 PM Thursday until 7:00 AM Friday 10:00 PM Friday until 7:00 AM Saturday 10:00 PM Saturday until 7:00 AM Sunday 3. No alcohol is to be served or sold on the premises covered by the specific use permit, Members will be able to bring their own alcoholic beverages to the location, for their own consumption, 2e0ause we comply with the requirements in Section 35-112 and additional requirements under Section 35-113, the issuance of a specific use permit would uphold both the letter of the law and the spirit of the law. The specifio use permit requested is for property located at 119 Avenue A in Denton, Texas, owned by Homer Bly, r am certain that Mr. B1y is in favor of the specific use permit, i Thank you for your cooperation. I am treasurer of the fraternity and acting as an agent for the fraternity. I can be reached at £317-382-6355. SkF cerely, Soot Woods Treasurer Y. r.f•P •t. ~Y 1A L 1 ~i it Agenda Ma. ATTACHMENT 5 Agenda Illaam_~S 16, C1TY of DENTON, TEXAS MUNICIPAL BUILDING / 215 F. MCKINNEY / DENTON, TEXAS 76201 May 15, 1992 Mx, Scott Woods P,O. Box 8501 Denton, Texas 76205 RE: BA - 1348 Dear Mr, Woods: This is to inform you that your request for a variance of Article 6 Section 35-301 of the Zoning Ordinance for required off-street parking serving the property addressed as 119 Avenue A, Street was i aonroved on May 11,1992 by the Board of Adjustments. It is my understanding Ms. Karen Feshari of the Planning Department will now process your zoning change request, sincerely, Robbie Baughman Building inspector City, of Denton, cc: Karen Feshari', Urban Planner 8171566.8200 D/FW METRO 434.2529 +V ` r I I r Y. ATTACHMENT 6 A'{Inndd No. § 35•l10 DENTON CODE It;1o ~fZ - `yam crease density, change traffic patterns or result in any increase in external impact on adjacent properties or neighborhoods. ,Ord. No. 69.1, § l(App. B, Art. 101), 1.14.69; Ord. No. $1.103, § 1, 11.3.81; Ord. No. 84.92, § 1, 7.24.84; Ord, No. 85.33, 1, 2, 2.19.85) See, 35111, Public hearings, The notification and public hearing process for a specific use permit or revocations thereof shall be the same as for zoning amendments under section 35.7, iOrd. No. 69.1, § I(App. B, Art, 10D), 1.14.69; Ord, No. 81.103, § 1, 11.381; Ord. No 84.92, § 1, 7.24.84; Ord. No. 85.33, 1, 2, 2.19.85) + Sec. 35112, Conditions for approval, A Specific use permit shall be Issued only if all of the following conditions have been found; (1) That the specific use will be compatible with and not injurious to the use and enjoy. ment of other property nor significantly diminish or impair property values within the immediate vicinity; (2) Thet the establishment of the specific use will not impede the normaLand orderly development and improvement of surrounding vacant property; (3) That adequate utilities, access roads, drainage and other necessary supporting facil• ities have been or will be provided; (4) The design, location and arrangement of ail driveways and parking spaces provides for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; (5) That adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration; (6) That directional lighting will be provided so as not to disturb or adversely affect neighboring properties; and (7) That there in sufficient landscaping and screening to ensure harmony and compati. . bility with Adjacent property, ' (Ord. No, 69.1„ 6 I{A1* 9, Art, 10E), 114.69; Ord, No, 81.103, § I, 11.381; Ord, No. 84.92, § 1, 7.24.84; Ord.d.W 86,33, If 1, 2, 2.19.86) , See. 35.113, AAWO"Al eondltionv. In authorizing a specific use permit, the planning and zoning commission may recommend and the city council may Impose additional reasonable conditions necessary to protect the public Interest and welfare of the community, including a time period for which a specific use permit is valid. (Ord. No. 69.1, § 1(App, B, Art. 10F), 1.1469; Ord, No. 81.103, § 1, 11.3.81; Ord. No, 84.92, § 1, 7.2484; Ord. No, 85.33, 1, 2, 219.85) Supp, No. 1 2534 r f1 \ 1 I \Y ( l Planning and Zoning Commission N.oiid,, No. Minutes of August 26, 1992 ndn.ndalton, Page 4 zoning case and proceeded to inform the Commissioners that 12 owners were..' notified within a 200' radius, 7 replies were received in favor and 1 in opposition. Further, Ms, Feshari said there were two notifications to surrounding property owners, the first was supposed to be for a meeting that they scheduled on August 12th and renotified people so there are combined notifications in the file. She presented the responses to the Commissioners for review, Mr. Engelbrecht clarified that the right-of-way change concerning the 50 feet required on Bonnie Brae. No one was present to speak in favor or in opposition to the request, Recommendation: Ms. Feshari reported the Development Review Committee recommends approval of Lot IOR, Block A of the Bonnie Brae Addition, Dr. Huey clarified that this replat would change three lots into one. Ms, Feshari said it was really 2.5 lots to 1, northern portion of Lot 8 and all of Lots 9 and 10. The public hearing was closed, Mr. Cochran made the motion to approve the preliminary replat of Bonnie Brae Addition, Lot 10R, Block A, being a replat of Lots 9 and 10 and part of S located at the southwest corner of Scripture and Bonnie Brae. Mr. Engelbrecht seconded the motion which passed unanimously 7-0, IV, Hold a public hearing and consider a Specific Use Permit on property located at 119 Avenue A for the purpose of the Delta Chi Fraternity meeting hail and offices. Eleven property owners were notified within the 200' radius; two letter were returned in favor and one letter in opposition. , Staff Report: Ms. Feshari stated this is a request to approve a Specific Use Permit on a 2600 square foot Iract of land located near the intersection of Avenue A, West Hickory and Mulberry. The property is located in a moderate activity center and in the Fry Street area. The applicants are currently leasing space in the building which is located on the property for which the Specific Use Permit is being requested. The applicants are leasing the space from Mr. Homer B ly. Ms. Feshari indicated the proposed use can be adequately served by the transportation facilities. All utilities are existing and adequate for the site. Fire flow is more than adequate; two fire exists are required. The front door and rear exist will be adequate provided the Fire Department approves this during the -T -T y Planning and Zoning Commission Minutes of August 25, 1992 Page 5 Aucndattam,__ fLito Certificate of Occupancy process, This property, as well as most in the Fry Street area, is zoned General Retail, Ms, Feshari reviewed the conditions necessary for issuance cf a Specific Use and briefed the Commission ott issues which do not apply to this particular case, c Because of the property's proximity to UNT, this is an extremely congested area, As this particular site is in a moderate activity center, intensity allocation for this tract, based on General Retail (OR) zoning, is 23,4 trips, The proposed use would have approximately the same intensity, Most of the establishments in this area are nonconforming due to noncompliance to the parking regulations, As parking is a serious problem in the area, the applicant applied for and was granted a variance to the parking regulations by the Board of Adjustments on May 11, 1992, The applicants have visited with the Chief of Police of UNT as well as the vice PrP;sident of Administrative Affairs and have agreed to specific conditions as { follows; 1) Expiration of this Specific Use Permit is November 10, 1993. The applicant may, at said time, apply for an extension of the SUP; 2) Hours of occupancy and/or use shall only be 7 a.m.-11 p.m. Monday, 7 a,m.-10 p.m. Tuesday, Wednesday, Friday, Saturday and Sunday; and 7 a.m. to 7 P.M. on Thursday; and, 3) No alcoholic beverages are to be served or sold on the premises; however, members will be able to bring their own alcoholic beverages to the location for their own consumption so long as no other laws, be them local or state, are violated, In analyzing these conditions, staff agreed with the above mentioned conditions, Ms. Feshari reported that provided the above conditions are approved with the SUP, the request meet the applicable criteria as set forth in Section 35•I12 of the Denton Code of Ordinances, Dr. Huey asked if the property on the north side was vacant. Ms. Feshari responded that the property was a commercial parking lot. The property would not be available for this fraternity's use; the lot is commercial, with spaces leased out: In favor, Adrian Hunt, 6350 Keller Springs, Dallas, TX 75248 spoke as alumnus and a representative of the international fraternity. Mr. Hunt stated this property is being leased by Mr, Homer Bly until this colony receives its chaptership. At that time, they can receive funding and build on Greek row according to guidelines established by the university. Mr. Hunt stated that at the time the lease was signed, unaware of the existing zoning laws, and as soon as these laws were brought to their attention, the fraternity contacted the city and began processing to comply with the code, A I V is Planning and Zoning Commission r~7enda Fto Minutes of August 26, 1992 np rida (trim _le- Page 6 'e V Mr, Glasscock asked how many members the fraternity currently has. Mr. Hunt stated currently they have approximately 35, In response as to when they started meeting at their current location, Mr. Hunt stated the lease contract was signed November 10, 1991 and started working with city staff in December, 1991. c Mr. Hunt further noted that no complaints had been filed against the fraternity with the UNT Police Department or Denton Police Department, Mr. Cochran asked why there were limited hours of occupation. Mr. Hunt explained it was mostly to get approval from the UNT Police Department who were concerned with the activity in the area and wanted to limit the hours off occupancy. Dr. Huey asked what their membership goal was. Mr. Hunt stated they try to maintain an average with other groups on campus, At UNT, Delta Chi would be looking for 46-50 members. Mr. Engelbrecht asked if they felt that they would be extending the SUP Permit after its expiration. Mr. Hunt stated that the lease will be up November 10, and they would be looking to extend it for a year. He further stated that he anticipates this group becoming a chapter in the spring and then spend the summer and fall working to obtain financing to build on Greek row. By this time next year, they would be anticipating leaving this property on Avenue A and moving to Greek row. Opposition: No one was present to speak in opposition to the request. Recommendation, Ms. Feshari reported that staff recommends approval of Z-92- 020 with the following conditions, 1. Hours of occupancy and/or use shall only be 7 a.m.-11 p.m. Monday, 7 a.m,- 10 p.m. Tuesday, Wednesday, Friday, Saturday and Sunday; and 7 a,m, to 7 ' P.M. on 'T'hursday; 2. Expiration of this Specific Use Permit is November 10, 1993, Should the applicant renegotiate their lease with the owner for any other date, an amended Specific Use Permit must be approved; and, 3. No alcoholic beverages are to be served or sold on the premises; however, ' members will be able to bring their own alcoholic beverages to the location for their own consumption so long as no other taws, be them local or state, are violated, Mr. Engelbrecht asked about the linfitation of evening hours on Thursday. Ms. c I i i` if Planning and Zoning Commission l~and,,tto. '0 Minutes of August 26, 1992 anonda Itum_.._. S Page 6 Rile Mr, Glasscock asked how many members the fraternity currently has. Mr. Hunt stated currently they have approximately 35, In response as to when they started meeting at their current location, Mr. Hunt stated the lease contract was signed November 10, 1991 and started working with city staff in December, 1991. Mr. Hunt further noted that no complaints had been filed against the fraternity with the UNT Police Department or Denton Police Department, Mr. Cochran asked why there were limited hours of occupation, Mr. Hunt explained it was mostly to get approval from the UNT Police Department who were concerned with the activity in the area and wanted to limit the hours off occupancy, Dr, Huey asked what their membership goal was. Mr. Hunt stated they try to maintain an average with other groups on campus. At UNT, Delta Chi would be looking for 46-50 members. Mr. Engelbrecht asked if they felt that they would be extending the SUP Permit after its expiration. Mr. Hunt stated that the lease will be up November 10, and they would be looking to extend it for a year. He further stated that he anticipates this group becoming a chapter in the spring and then spend the summer and fall working to obtain financing to build on Greek row, By this time next year, they would be anticipating leaving this property on Avenue A and moving to Greek row. Opposition: No one was present to speak in opposition to the request, Recommendation. Ms, Feshad reported that staff recommends approval of 2-92- 020 with the following conditions: 1. Hours of occupancy and/or use shall only be 7 a.m: 11 p.m. Monday, 7 a.m.- 10 p,m, Tuesday, Wednesday, Friday, Saturday and Sunday; and 7 a.m. to 7 p.m. on Thursday; 2. Expiration of this Specific Use Permit is November 10, 1993. Should the applicant renegotiate their lease with the owner for any other date, an amended Specific Use Permit must be approved; and, 3. No alcoholic beverages are to be served or sold on the premises; however, members will be able to bring their own alcoholic beverages to the location for their own consumption so long as no other laws, be them local or state, are violated. Mr. P;rtgelbrecht asked about the limitation of evening hours on Thursday. Ms. r. S ~ yH . Planning and Zoning Commission ' Minutes of August 26, 1992 huo -AO Page 7 r~'• U ~4 Feshari stated that it appears Thursday night is a heavily congested night in the. Fry Street area and for that reason, it was felt that this limitation was necessary. Ms. Flemming asked about the third condition regarding the prohibition of serving and sale of alcoholic beverages; however, members could bring their own alcoholic beverages. She asked if invited prospective new members could be offered a drink. Ms. Feshari stated she could see there could be a interpretation question related to this. She indicated that she interpreted the condition to indicate that "served" meant that if they were to have a barbecue or some sort of gathering, they could not go up to a place (such as a bar) and get a drink. Ms. Feshari stated they spoke with legal counsel, Tanya Cooper, Assistant City .Attorney, to ascertain whether or not this could be reworded so there would not be an interpretation problem. The issue was never resolved after she look at some various pending legislation having to do with a city's authority on this type of condition at all. Ms. Flemming emphasized that the "serving" could not be monitored, Ms. Feshari reported this was one of the conditions that lyric Jackson with UNT requested that f,hey have placed on here. Further, it appears since they have to comply with the university's regulations concerning fraternities, lodges and chapters are concerned, they already would have to comply with this. This condition is one that the University of North Texas has imposed on all fraternities and sororities in the area. Also, the City of Denton would be able to enforce that aspect since it was on the City's property. Ms. Feshari emphasized the Commission has the option of adding or deleting conditions to this Specific Use Permit. Mr. Engelbrecht brought out that if this is a condition is UNT, they have certain , administrative procedures to go through, if it is a condition of this special use permit, then it becomes something that the city can deal with also, separately, or not till. 't'here is some recourse on behalf of the City if it is in the ordinance. Ms. Flemming clarified the wording was agreeable to her; she only wanted to know why it was a part of the conditions. Mr. Cochran asked about the fraternity using office/commercial space; he asked if this was a trend or if this was just temporary quarters. Mr. Hunt indicated it is nat out of the ordinary for Delta Chi. Mr. Hunt also addressed the question about serving prospective members alcohol is a violation of the UNT policy, as well as the international fraternity's policy. 'T'hat may be the reason UNT included that in the conditions. Petitioner Rebuttal; The petitioner elected not to say anything in rebuttal. The public hearing was closed. Mr. Willis made the: motion to recommend approval on Z-92-020 with the f t h r Planning and Zoning Commission Minutes of August 26, 1992 Page 8 DIN LD. "_y2 following conditions; 17 P 1, Hours of occupancy and/or use shall only be 7 a,m, 11 p,m, Monday, 7 a,m.. 10 p.m, Tuesday, Wednesday, Friday, Saturday and Sunday; and 7 a,m, to 7 p.m. on Thursday; 2, Expiration of this Specific Use Permit is November 10, 1993, Should the applicant renegotiate their lease with the owner for any other date, an amended Specific Use Permit must be approved; and, 3. No alcoholic beverages are to he served or sold on the premises; however, members will be able to bring their own alcoholic beverages to the location for their own consumption so long as no other laws, be them local or state, are violated, Mr. Glasscock seconded the motion which carried unanimously (7-0). V. Consider the removal of protected tree is conjunction with Stuart Road sanitary sewer construction, David Salmon, City Engineer, stated that in order to construct Stuart Road sanitary sewer, as currently planned, it will be necessary to remove a 10" green ash. The tree is located on Stuart Road, directly across the street from Manhattan. The closest adjacent property owners are at 1509 Stuart and 801 Manhattan. Mr, Salmon showed the Commission on an overhead the location of the tree in respect to the adjacent property owners. The tree is located on city property and does not provide any shade or protection to any of the adjoining private properties, only provides shade on either the city property or to Stuart Road, Mr. Salmon indicated they tried to design the sewer were no trees'would have to be removed; he outlined some of the options which were considered to protect the tree and the reasons why these options were not appropriate for use. He further point-?,d out that the line was rerouted so only one tree in the area would have to removed; therefore, doing everything within reason and good engineering judgement to minimize the number of trees to be removed. Staff recommended that the tree, he removed for this sewer line, Mr. Engelbrecht asked if this line would alleviate sonic of the problems voiced earlier this year by residents off Stuart Road, Mr, Salmon confirmed that the line is in response to the resident who spoke at a public hearing in February, Mr, Cochran asked if the City was required to plant anything in the place of trees removed for city projects. Mr. Robbins indicated there was no regaircrnent in the ordinance for replanting or replacement, Mr. Engelbrecht brought out That in c. 1 ALL0032F At; ndd ltum._. NO. AN ORDINANCI3 OF THE CITY OF DENTON, TEXAS, GRANTING A, SP2CIFIC USE PERMIT FOR OELTA CHI FRATERNITY, ON A 1,600 SQUARE FOOT TRACT OF t LAND LOCATED AT 119 AVENUE A; PROVIDING FOR A PENALTY IN THE MAXI- MUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Delta Chi Fraternity has applied foz a specific use o permit for the purpose of utilizing a premises as a fraternity meeting hall and for office space; and WHEREAS, on August 26, 1992, the Planning and Zoning Commis- sion recommended approval of the permit; WHEREAS, in accordance with Article III, Division 4 of Chapter 35 of the Code of Ordinances, the City Council finds that all the following conditions exist: 1. That the use will be compatible with and not injurious to the use and enjoyment of other property, nor significantly diminish or impair property values within the immediate vicinity; 2. That the establishment of the use will not impede the o,'derly development or improvement of surrounding vacant property; 3. That adequate utilities, access roads, drainage and other necessary supporting facilities have been or will be provided; 4. That the design, location, and arrangement of all drive- ways and parking spaces provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments; 5. Phat adequate nuisance prevention measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, if any; 6. That directional lighting, if any, will be provided so as not to disturb or adversely affect neighboring properties; and 7. That there is sufficient landscaping and Screening to ensure harmony and compatibility with adjacent properties; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I._ That a specific use permit for Delta Chi Fraterni- ty is granted for a 1,600 square foot tract of land described in Page 1 r f 31 Exhibit A, attached to and incorporated into this ordinance by reference. SECTIO Tit That the property shall be developed, used, and maintained in accordance with the following conditions: 1. Use or occupancy of the premises shall be limited to the following hours: on Mondays: 7:00 A.M.-11:00 P.M.; on Tuesdays, Wednesdays, Fridays, Saturdays, 4 and Sundays: 7:00 A.M.-10:00 P.M.; and on Thursdays: 7:00 A.M.-7:00 P.M. 2. The specific use hermit approved pursuant to this ordinance shall expire at 12:00 midnight on November 30, 1993. 3. No alcoholic beverages may be served or sold on the premises; however, fraternity members may bring their own alcoholic beverages to the premises for their own con- sumption prr,vided they comply with other state or local laws. SECTION, II_ That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. 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 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. BOS CASTLEBERRY, MAYOR Page 2 I 4Y Y. ~s Aaooda No. Agcnda Itnnt /~-_5 JCL t)Ao --A r~ D 01,1 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - t APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY F { (1 J t~~-~ BY: I I ` Page 3 \ ~V !n 5 :CITE COUNT CIL p~ooa+aooog,, - Oil 000000° ~°°o°Q _ Mam- a O o°Q~O°O Q Q O a a o c o a o°°°~~ I , ALL0001F t'~ertda A'o ltDw ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVID- ING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employt-e 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 "Sid 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, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION I. 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 X10_ VENDOR AMOUNT 1420 1 TEC.[ir.INE $ 3,804.00 1420 2,3 WESCO $16,490.00 1420 4 TEMPLE $13,550.00 SECTION II. That by the acceptance and approval of the above f numbered Items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. 5r, a A}Nenda No. Aqc,lida SECTION III. That should the city and persons submitting ap- proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV, That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of 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 WAL`I'ERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 1 <t r. r i~ d r ~klonda tlo. -_1a Agcmda INrii lb 10 SECT ON 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 i designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council, hereby authorizes the expenditure of 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 Ii ATTEST: l JENNIFER WALTERS, CITY SECRETARY I BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: 1 ' a i r j ; DA~13 :--OGTOI3kIi• Ss-.1>192 CITY COUNCIL REPORT TO: Mayor and Members of the City Council ` FROM., Lloyd V. Harrell, City Manager SUBJECT: BID 41420 - DISTRIBUTION TRANSFORMERS A ~ RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder as follows: I'T'EM 1 150 KVA TECHLINE $ 32804.00 ITEM 2 (2) 300 KVA WESCO $ 9,800.00 ITEM 3 500 KVA WESCO $ 6,690.00 ITEM 4 1500 KVA TEMPLE $13,550.00 SUMMARY: This bid is for the purchase of padmount transformers to be utilizes in the Water Reclamation Plant Expansion. Item 5 and 6 were approved at the previous City Council Meeting. BACKGROUND: Tabulation Sheet, Evaluation by Electric Engineering. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Water Reclamation Utility Customers of the City of Denton. FISCAL IMPACT: Revenue Bond Funds Acct #673-082-RB92-U102-9107 balance $33,819.00. Resp e'tfully subrr fitted: r J v , Loy V. Harrell City Manager Prepared by: Name: Denise Havpoo Title: Senior Buyer Ap} roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing; Agent 248.nynnda R l I \ r .v , I11U f 1420 i I I Imo' HID NAME DISTRIBUTION TRANSFORMER I STVART IRRY I TECIILIt1E ICUMMINS SUPPI,Y { POI,ELItIE I WESCO CO. I I I ELECTRIC I OPEN DATE 9-6-92 I I I I ! 1 IQUAN TITY I v DESCRIPTION I VENDOR I VENDOR I VENOOA I VENDOR I VENDOR I I 1. I IPADMOUNT 3PH 150NVA 277/4II0 { $7,g50.00 $3,804.00 I :4,240,00 J :4,185.00 I $3,961.00 I 1 I I I 2. I IPADMOONT 3PH 300KVA 277/460 I $10,450,00 I $40880.00 I $5,682.00 I $5,549.00 I $4,900.00 I I I I I 3. I PADMOUNT 3PH 500KVA 277/400 I $12,500.00 I $61305.00 I $7,010.00 I $6,889.00 I :6,690.00 I 4. I IPADMOVNT 3PH 1500AVA 4160 I $18,600,00 I N/N I HIS { N/S I I I :17,540.00 I S. I IPRD14OUNT 3PH 5KVA 120/206 I I I I I I I I ' 112,500,00 i 16,441.00 I 171894.00 I (7,524.00 f 16,960.00 f 1 6. I IPADHOUNT 2500 KVA I $23,000.00 I N/8 N/B I NIB $20,850.00 I IMANUFACTURER I SQ. D HOWARD I I I I I I i PAUWP.LS I pAUWF.LS I A88 I I I IDELIVER I 140 DAYS I 70-84 DAYS I 98 DAYS 84-98 DAYS I 8-12 WK8 I I I I I I Bit) t 1420 I I I I I I ~ BID NAME DISTRIBUTION TRANSFORMER I TEMPLE I VANTRAN I PRIEST89 I SESCO I I f I ! I OPEN DATE 9-8-92 I I I I I $ (QUANTITY I DKSCHIPTION I VENDOR VFNDOR I VENDOR I VENDOR I VENDOR I ! 1 I I I ; 1. J IPADHOUNT 3PF1 150KVA 277/480 I $4,900.00 I $4,079.00 I $4,270.00 1 $4,495.00 I I I ! I f ! I 2, I IPAOHOUNT 3PH 300KYA 277/480 I $6,007.00 $6,004.00 I $5,364.00 1 15,818.00 I ! 3, I JPADMOUNT 3PH 500KVA 277/480 I I I I 'Q cm 16,998.00 { 17,510.00 $6,903.00 I $8,100.00 I I ~ 4. J IPADMOUNT 3PH 1500KYA 4160 I $13,550,00 I $17,730.00 $15,609,00 I $19,756,00 I I m o 5• I IPADMOUNT 3PH 5KVA 120/208 I $7,500.00 I $0,022.00 I $7,007,00 I $8,479.00 I I I I I f I I 6. I PADMOUNT 2500 KVA I $20,500,00 I $25,930.00 I 122,505,00 $25,577.00 I C A~ 1 I(~ KANUFACTURER OE VANTRAN i COOPEA SESCO IDELIVER 119 DAYS 63 DAYS I 120 DAYS 60-90 DAYS I lv I I I NO RIO F.SI ELECTROTECH n M1 ApndaVern-_ l11 M 1, LOSS%COST EV,4LlTION 09-A-16 0}(VA 2777480-PADMOL=rT - END 1420 - - - - Bln CA COS_T~D -~P-~ MADE N! LL 05 14 Au LCULA BIDDER HY LOSSES LOSSES COST CUMMifJS PAUWELS- 359 1389' DELIVERY PO!_ELINE PAUWELS 2~'~4 98 GHLINE HOW D -1389 DAYS _ $4165.00 $2p 3gg 84-9£3 DAYS _ W - W .3<i4 1329y~4 WESCO ABB 391 $8791 MP 70-6D1YS __-$3y961 00 $19,32-1 DAYS - QE TELE V- 335 1067 - - - - _ $4 800 aD _1~674 PRIESTER _ COOPER i19 DAYS _ 377 124fi $4 27000 STUART SQURE D - `186 - _ $20325 120 DAYS - - - - -2610 $71540,00 a VAN_7R4N_ VAN TRAN 1420 $4,07800 $$36~2b9 140 DAYS SESCO SESOvO - - - - 07 984 63 DAYS - _---375 -1400- _--$4,495_00 C13 60-90 DAYS LOw 1316Y - ITEM 2; LOSS/COST EVALUATION OF A 300 KVA 277/460 PADMOUNT MADE NIL LL BID CALOULA7_E"D --BIDDER - BY LOSSES LOBBIES - COST_ _ COST CUMMINS_ PAUWELS Ei37 2u02 DELIVERY POLELINE_w PAUWELS $'r~~2'~- $288334 98 DAYS _ 637 -20025549_00 _ _ $28 365 96 DAYS fECHLINE _ HOWARD 84- _7_9562 _$4880.00 t?._ ABS 7 2269 ~_$?7,509 70-84 DAYS TEMPLE W m 00 E -1- _ 26,W540 63 DA FIR S_ _ - ---_8~007.00 $29,IESTER COOPER _ ` 2131 788 1190 AYS ,36400 STUAAT _ SOURE D gn _48 120 p_AYS VAN IRAN VAN?RAN - X38 ~ -$10,450,00 _-__$54,a i3 140 BAYS SESCO - SES_CO $6004,00 _ _$310 2G 63 DAYS 600 2200 $5,8180_ - ;4730 60-90 DAYS _OW BID___ ITEM 3: LOSS/COST EVALUATION OF A 500 WA 277/480 PADMOUNT -MADE 'NL LL-- BfD CALCULATED - BIDDER By _ LOSSES LOSSES COST CUMMINS PAUWELS 718 CUSP DELIVERY POLELIN_E PAUWELS - rU10.W $38.590. 98 DAYS TECHLINE FfOWARf7 -8i7 - _____7j2,____3543 X6_889,00 - X38,181. 84--N DAYS 3804 $6,305.00 WIcSCO ~8 .W - 74p -'~7 - __.$37675 70 84 DAYS TEMPLE- QE 690.00. _ _~5 63 DDAYS. 763 4o7s PRIESTER_ _CO_OPER 91 - $61998'00 - --$40,458. 119 DAYS STUART~ SOURE D - - - $X1903,00 - $3q 0S2 120 DAYS VAN TRAM VAN TRAM 1093 - 7452 $121500,00 _ $71 490 3625 140 DAYS _ - 810 $71510.00 SESCO-- SESCO 1300 5600 $8J100.00 $41,045~63DAYS _ $5 i 824 60 90 DAYS LOW $ID _-37,395_~Dp~AFMFt13fD14203 t v. A roondo Itum_ze 4 , fWo NO 4V ITEM 4, LOSS/COST EVALUATION OF A 1600 KVA 4160 PADMOUNT 09_rAp_92 _ 05:x!4 PM . MADE T- NL ~ LL - 81D CALCULAYED BIDDER _ BY _LOSSES LOSSES COST COST DELIVERY CUMMINS - - POLELINE - - - - - - - TECHUNE - WESCO I ABB 2300 7600 $17 540.00 5,229 84 DAYS P _0 -.00 go s io DAY-6- PRIESTER COOPER _ 1948 9773 -$16.609,00 _ $93764 120 DAYS _ STUART 5GUFiE D 2062 11140 - 18,600,00 _ $108_,751 140 DAYS a VAN TFWN VAN TRAN ---_--1600 8800 $17730.00 $96055 6S DAYS_ SESCO SESCO 3200 12600 $19,756,00 _123 200 60-90 OAY81 LOW BID ___$83851 1 I I h CITY -r COUNCIL r oQPY Of D dOO \ oZ ~3' C7 O~ ~d 0 Q DOOOO~ P O N 1 °°aaaoacoo°° r. 1 I ~ ~a~nl 1 Otif" ORDINANCE NO. AN ORDINANCE ACCEPTING COMPET--T.TIVE BIDS AND PROVIDING FOR THE AWARD OF CON'T'RACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE C ' rUNDS THERZ,FOR; AND PROVIDING FOR AN EFFECTIVE DATE. I 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 pul,lic works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUIJCIL OF THE CITY OF DENTON HEREBY ORDAINS: I 51C'PiOtJ 'I. That the following competitive bids for the con- struction of public works or improvements, as described ; r, :he "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: aYD 3v.ML-119 CONTRACTOR AMOUNT 1413 TH,I.-DAL 19XCAVATLUN $63,056.00 I I 1 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 work!., or improvemonts herein accopted and approved, until such person shall comply with all requirements specified in the Notice to Bidders} including tho timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid, SECTION III. That the City Man,)ger is hereby authorised to execute all. nocn~isary written contracts 1:or the performance of the con:-struction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are nude in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, ccndl-- \ 5 ~r i i kaon0a No, Agondo itofn_._k v - Jar . . tions, plans and specifications, standards, quantities and speci- fied sums contained therein. t 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. SECT ON V. That this ordinance shall become effective im- mediately upon its passage and approval. , PASSED AND APPROVED this the •_J___ day of 191)2, BOB CASTLEBERRY, MAY( ' ATTEST: JENNIFER WALTERS, CITY SECRE'T'ARY 1 BY: APPROVED AS TO LEGAL FORM: ' DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ° a I f A I y Aprida Na, '?G) c) s-1 DAn>;tE0800m~x> CITY COUNCIL REPORT 'r0: Mayor and Membors of the City Cottilell s I FROM: Lloyd V. llarroll, City Muuager SUBJECT: BID # 1413 - 11013SON LANE DRAINAGE RE 10MMENDAnON: Wo reeommond uils bid be uwardod to tho lowest bldder, 'Fri - Dal Fxenvation in tho amount of $63,856,00. SUMMARY: This bid !e for the construction and Snstallution of a O1xl01x60' box cttivort on Hobson Lana, Also Included In tho bid prico is all associated excavation, rip rap, gourd rail and hand rails, Tho bld prico is considerably below tho origlnail estimateH for tills project, Hobson will be closod for a time porlod of one to two weeks, During this time a foot bridge will be Installod to allow podestrian traffic to safely cross the site, 13ACKGROUND: Tabulation sheet, Memorandum from Jerry Clark, City Engineer. PROGRAMS, DEPARTMENTS OR GROUPS AEPP'AN'TED: City of' Donton Drninage Prograet, Englneering Division and Citizens of Donton FISCAL IMPACT. Funds for tills drWllage imprevemont prnJeet will Como from bond funds, iuccount #;140-020-DRAN-9203-9108 current bnlanm is $111,984,04, Respe fully submittod: hloyd V, I3iirroil City Mallager Approved: Name: Toni D, Shaw, C. 11. M. 'T'itle: Purchasing Agent aoo..,yond, C pIU pp 11 BID NAF3E 1308SOIJ k~11~3DRAINAGE I ATKINS BROS JAGOF PUBLIC LINDER STAHL I DICKERSON I DRR I ~ FQUIPMENT I CONSTRUCTION I CONST. I CONSTRUCTION I OPEN DATE 8-18-92 I I I # IQUANTITY I DESCRIPTION I VENDOR I VENDOR VENDOR I VENDOR I VENDOR 1 I ITOTAL BASE BID $89,732.00 I $81,585.00 I $128,363.95 f $90,091.25 I $71,544.00 I I I I I I I I IBID BOND I YES I YES I YES I YES I YES A I I I I i I I i i BID # 1413 I I I I I 1 I I I I I I 1 BID NAME NOBSON ROAD DRAINAGE I TRI DAL I I I EXCAVATION I I I I~ OPEN DATE 8-18--92 I # IQUANTITY I DESCRIPTION I VENDOR- I VENDOR I VENDOR VENDOR I VENDOR I ~ - I I I I 1 k ~ ITOTAL BASE BID $63,856.50 I I I I- t, I I I I I I I I 71I I IBID BOND f YES I I I I I I I I I I I I ~ I I 1 I I I I t v r Q , n 1 ,Y }C I 11 ~ l;i i lAjcionda 116,}h1n.~ ~%`~_-'y5t 1997 SEP 21 tlf n. {4 5- CITY of DEN TON, TEXAS MUNICIPAL. BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 r i MEMORANDUM 9 DATE: September 16, 1992 TO: Tom Shaw, Purchasing Agent FROM. Jerry Clark, City Engineer SUBJECT: Bid 1413 - Hobson Lane Culvert The low bidder on the project is Tri Dal Excavation & Utilities. Total bid price is $63,856.50 which is below out- estimate, therefore is very acceptable. We have worked with the people managing including Phillip Hutchins and have been very satisfied with their work. Please award the contract to Tri Dal. The city will be providing a pedestrian bridge to insure school children will be able to safely cross the site if their parents do not route them around. Hobson will be shut down one to two weeks only as per the contract documents, if questions arise, please call, A J r y Car AEE001A9 i 8171566-V00 D/F0' METRO 434.2529 < w Mr. 1 1.4 . :CIT COUNCIL I . _ U~DO~ano r ~pppo to opppOp~ H Y a O,p °oUaoouonn ~t t i 1 I A ~i;r~ula Mont oI;DIraAI1cE Iro. AN GIU)EIANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR LMERGIsrJCY Pl1RClIA ; f35 01" MATE''RIAI,S, I U.IPI4I I1'C, SUPPLIES OR SERVICES IN ACCOIt})- AIICC 44I'CfI THE PROVISIONS OF STATE LAW E%rPIPTING SUCH PURCHASES FROM RNUI:RPI"IENTS OF COMPETI`I'IVI: BIDS, AND VROV;I;I)ING FOR AN EFFECTIVE DATE, 1 MI REAS, state law and ordinance rec]uire that certain contracts requiring an expenditure or t ' 1 ceedinc Payment by .he city in an amount ex- $10,000 be by competitive bids except: in the case of pub- ].ir. calamity tlllere it becomes necossary to act ac once t:o apprreo- pr..i.atca :Honey to relieve the necessity of the citizens, or to p- serve ttte property of the city, oz' it is necessary to pl:otect the public hoaith of the citizens of the city, or in case of ullfore,,oen damage to public property, machinery or equipment; NU;V, TIiER}P'ORE, THE COUNCII. OF THE CITY OF DENTON HEMMY ORDAINS: srcr~c0 Ir r. i Fhat the City council hereby is a public calamity tl*it makeo i,t ne:cessaty to actiatSOnce tohap- propri.ate money to relieve the necessity of the citi„ens, or to proserve the property of the city, or, to protect the public health of the cit.t&ene, of the city, or to provide or unfor.Seen damage to public property, machinery or equipment, and ;).N( reason thereof, the following emergency purchases of material S, equipmont, ,upplies or service,, as described in the "Purchase Orders" attached hereto, aro horeby approved: PURCHASE ORDER NUMBER VENDOR a,.IOUrrT 7.GF3AA SOUTIIWP;ST B'LLCTRIC CO. $97,700.00 Sf.~°! I011__I,1. That boca.use of laic}1 _'iSl:i'Cje]1Cy, the C, Cy i°larm(p lv or de: '(Plated employee hs hereb,+ , w I hoI 1 c d to )?uzc ha the .a,rt er - za S, ±~q 1if)laenC, supplies or SnI v Ices de; c ribed in the 'It'"achou PuLUhi1 'e OGdC'I'£i micl to make pafllil :11, thou( LVoro in, tho ovlo'unts there- ill Stilted, „uch omergency pil p}i.l e:; )oillu ill occordalwo Witil Lhe provi,,;io,1s of state lwa eeMpt.1 n(, SllC}1 p11):Cnc. ,C:5 by the City the reyu..roments of competitive bide;. } A Agonda bm-._ IUIo /G AV SECTION III, That this Ordinance mediately shall become effective im- upon its Passage and approval, i PASSED AND APPROVED this the l99L. day of f I i 130B CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY A'T'TORNEY J J V C I S ~ %t r 1 A Apndo ltem_„GL> I)A'1&b OC1'()Bi:R 6 f99?. CITY COUNCIL REPORT TO: Mayor and Members of tho City Council t FROM: Lloyd V. ITarreli, City Manager SUBJECT: PURCHASE ORDER #2U844 - SOUTHWEST ELECTRIC CO, A ~ RECOMMENDATION: We recommond Purchase Order 20844 to Southwest Elortrlc Co. In the amount of $97,788,00 be approved, SUMMARY: This purchase order is for the emergency repairs to the 09KV/113, 2KV' power transformer at the Spencer Road Substation, The unit failed September 14, 1992. Telophono quotations were taken for cost to repair and Southwest Electric offered the lowost quoted price, Their delivery schedule Is 16-18 weeks after recatpt of the transformer, The repaired unit will have a full ono year warranty, BACKUROUND: Purchase Order 20844, Quote from Southwest Electric, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Electric Substation Division. 1 FISCAL IMPACT:. The major cost of those repairs will coma from Insurance ' reimbursomont loss the doductiblo of approximately $20,000.00. Tho deductible amount will be paid from funda budgeted for maintenance of the Electric System, t Rospo . ally submitted: 1 i, oyc V. Harrell City Manager A Approved: j A_ Name: Tom 1)- Shaw, C.P.M. Title: Purchtwing Agent a97.agnudn v. 4r It I I A CITY OF DENTON, TEXAS I 901-6 TEXAS STREET PURCHASE ORDER oN,TX762o1 npendQkdl4~ ..,_._.d,:~ec , P. O, NUMBER fkns . ~Q ~lv r~oZ 26844 DATEIVENDOR NO, DOCUMENT TYP 9-29-92 ~i VENDOR bHIPTO: SOUTHWI'ST ELECTRIC COMPANY S-22 11 O BOX 82639 ELECTRIC MYTER/SUBSTATION OKLAIIOI4A CITY, OK 73148 901A TEXAS STREET DENTON, TEXAS 76201 I ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUN' 01 807 004 00213 V300 0946 3JO1 1 EMERGENCY REPAIR FOR TRANSFYIRMER $97,780.00 #2 at Spencor (60KV 113.2 KV) winding failura. Data of failure 9-14-97. 1 I A The 011y of 0ontoo, Texas Is lax exempt-House Oil I No, 20, TOTAL, OF P.O. $97,7811.00 Reference RO. Nurnbor on all OIL, Shipments and Involcos, Shipments are F. 0. B, Clty of Donlon, or as Indloalod. By Send Involcos T0; Dlrsot Inqulrloe TO Clty of Donlon, Accounts Payable John J. Marshall, C. P, M. Purchasing Agent 215 E. McKfnnoy SL, Denton, TX 78201 Tom 0. Shaw, C. P. M. Asst, Purchasing Agent (or as Indloa(ed on Purchase Order) 8171566-8311 D/FW Motto 207-0042 The City of Denton Is an equal opportunity empfoyor i" I I .i r. - - - CI I 11 71(JCII(!ii Tt6, W_.~., pS..~_..L,I~..A~~.:./.~. AUenda Ilum..1_c)JL, a.L:&ouihwest Electric Co. PIO oloce Box 82639 -~kl~fiom;~ CJV, OkJ.,11)owo 73115 Molor Division 2647 $oulh ggi'N,. '1 1~3'ruhane 14051 G7q..t.l,t~." Transformer Division WWI Scurnonra 741^ SPo!1- lele~ihano [IOSr '.+,~o7J~ September 15, 1992 I f Mr, Ray Wells Superintendent City of Denton utilities Municipal Building Denton, Tx 76201 Subject; Complete Redesign and Remanufacture of rederal Pacific 15/20/25/28 MVA, 69°13.8 kV, 35o kV BIL, LTC Transformer, SIN 21841-1 Oar u tation Dear Mr. Walls; In response to your verbal request, we are please to quote as fol.l7ws ; Complete Redesign acid Remanufacture (per the attached Redesign Policy) of the subject transformer using all copper conductor and high density 65 degree r. insulation materials where applicable and including computer short circuit analysis. Pricer $ 970788.00 Net. I our current lead time is approximately 16 to 1.8 weeks after , approval of repairs to be made. Prise does not include transportaL•ion, oil or parts found to be defective such as .bushings, core steel or tank accessories, I Our policy on LTC units is that the preventive auto reactor will be tested when received, It may or may riot be rewound depending on age, condition, test results and other design criteria. our price does not include the rewind of this component if that is required. C L i Agnnda Ilam_. i4 ~S lr~ Mr. Ray Wells City of Denton Utilities Page 2 s Warranty period will be one year from date of energization, not to exceed 16 months from date of shipment, per the attached policy. Price is firm for an order entered within 30 days. A Delivery will be F.O.A. our plant in Oklahoma City. Terms of payment are net 30 days from date of shipment. f We thank you for this opportunity to submit to a quotation and look forward to receiving your order. Let us know if you need any additional information. Very Truly Yours, John E. Lee Customer Service Engineer Power Transformer Division 1-800-364-5691 GF/kn Enclosures: Redesign Policy Warranty Policy PCB Statement C~ 5 -i N I t1 I n,c)enda ilem_.,/ = ' C g rthwest Electric CO, , (?!h+ (~~Post Ollico Box 8203? Oklahoma Cdy.Oklohoma 7373E Motor Division 2617 South Agnev, k rolepnone (405) 034-4445 Translormor Division ' 6501 SoUlhed$1 74111 Stree' TolePhone (4051 737;69 PCB STATEMENT we will rr:quire a Copy Of a Current PCB analyr.ir: nn al] trancformere, buchingc and other oil-f11led apparatus rrior o Lo recoiving the equipment in our chop. Transformers and Other Oil -Filled A_p_p~aratus (EY.cr~2t Bul;hings) Rqufpment testing 49 ppm PCB or less will be accepted with or without oil. Equipment testing 50-499 ppm PCB will be ac- c:ept.e.d only if the equipment ha E; bi?en Cpnpletely drained. Southwcct Electric will not ar.copt equipment in this category t.cacting greater than 499 ppm PCB. oil-Filled Bushina% Bushing": testing 199 ppm PCB or less will be accepted with nil. Sout.hwe t E1cCtriC will not accept bur:hings testing gre+otr:r than 499 ppm PCB. A Auyust 5, 1991 Y. 1 u I r Agenda ;ter„_!~~ Southwest Electric Co, r10s1 Olla;e Box 8269 Ohln hn m+r Cih'. Oklahoma i3? III i dAolor Qivlsion 26t7 Suum A,1,=;. lolophone ;4051 534-.rn : Translormar Dwision 6561 Soulhi~asi 74ll, 5'.r;• 1 r,In Pilo nb b1U!;l 7?7 =-c'" 1 rr 1 WARRANTY The Company's warranty clause is as follows; "Southwest Electric Company warrants its repair to be of the kind and quality described herein and also warrants its work- manship and materials to be free of defects at the inception of the applicable period specified below. NO OTHER WARRANTY SHALL BE IMPLIED, AND ANY STATUTORY WARRAN- TIES SHALT, BE DEEMED WAIVED. If within one year from date of energization, not to exceed eighteen months from date of shipment, Purchaser discovers that the equipment is not as warranted and promptly notifies Southwest Electric Company of such failure, in writing, Southwest Electric Company will be obligated and shall have the right to remedy such failure by, at Company's option, ad- 3ustment, repair, or replacement of the defective workmanship and/or material. Purchaser shall assume all responsibility and expense for removal, reinstallation and freight in con- nection with the foregoing remedies, Southwest Electric Com- pany shall have the right of disposal of parts replaced by it hereunder. Southwest Electric Company's liability to Purchaser whether in contract or in tort arising out of warranties, representa- tion, instructions, or defects from any cause, shall be lim- ited exclusively to correcting the equipment and under the conditions as aforesaid." June 8, 1992 1 r. ti 1 ti r, ngondalWro-ZOL__.01-._- Southwest Electric Co. fYdO ~_e _ Pose 01111re Bo. 626J.0 Okliihorna Cdy. Okloh nnia ~ 3l aF Mofol I/ Division 20,17 south Aq-k, a relephrill o 1,4051 634 Transformer Division 6501 Sovlheasl /41, ;_I•e Tee phony, b1051 737' iiP' I 1 WARRANTY k The Company's warranty clause is as follows; "Southwest Electric Company warrants its repair to be of the kind and quality described herein and also warrants its work- manship and materials to be free of detects at the Inception of the applicable period specified below, NO OTHER WARRANTY SHALL BE IMPLIED, AND ANY STATUTORY WARRAN- TIES SHALL BE DEEMED WAIVED, If within one year from date of energi;ration, not to exceed eighteen months from date of shipment, Purchaser discovers that the equipment is not as warranted and promptly notifies Southwest Electric Company of such failure, in writing, Southwest Electric Company will be obligated and shall have the right to remedy such failure by, at Company's option, ad- justment, repair, or replacement of the defective Workmanship and/or material, Purchaser shall assume all responsibility and expanse for removal, reinstallation and freight in con- nection with the foregoing remedies, Southwest Electric Com- pany shall have the right of disposal of parts replaced by it hereunder. Southwest Electric Company's liability to Purchaser whether in contract or in tort arising out of warranties, representa- tion, instructions, or defects from any cause, shall be lim- ited exclusively to correcting the equipment and udder the conditions as aforesaid." I June 81 1992 \ 7n 4M 4 r 11 I r Arlenda Southwest Electric Co. Posl Olhce, Box 8263J (k1(a ' G~.?i Oklahoma City Oklahoma 731.18 a per/ Motor Division 26}7 i0ath Agra:. Lrlephone 005) 63-1-444y Transforms Division 6501 SouNeaa" '-W, 5, releUhone i K15» 3 REII)MCN POLICY Q I '.n All windings will be reder• gn,3d Io min'mize t:he horL c1 2l it fortes, A coutpt:tCI .hor.t circ;;it analysis wi11 be made to verify that the t-van-afertner will meet the hozt circuit w!thsta:-id r eC]u-]elner) c,f ANSIi1EEE CF7.1 ,00-1987 or tyre Iat:e,:t revISion., 2.0 All winding: will }:e redesigned using rectangular Cop- l:,er conductor, with thermally ungraded insulaLion, All wirv! n x- will meet the original 9oarantred temperature The i:ic) Voltage and Loo: VoILaye windings wkll 1,e a ~ single cr mint!-''. nd dit.'^_ r?_" a I11u1t I- Lrcnrl t'IEl!C:il + winding, ;Laye.>r type yeah windings will be changed Lo 1 a disr_ ,r a hellos1 winding.) Completed windings t,'i21 i,e el v c, and pr r~sto de~:!gnerl dimensIariSr On LTC ?'ratzsformer., the tapi-Ld LTC winding wi1J. he a l rl,lr~~tr- ttnyer. or di :r type ti,~.iAIng, 'his wirr]iny Wi11 be zo disLributed a:: to ive the minimum unbal - antbe, thereby giving min4murn ~har.t circuit: forcesr All winc4ing cylinders mill be ~r~compressed high den - sity ma terial, A11 radial c~pm Crrr> wi11 be prccuin 1) r.e~ - aed high density material wil-h rounded edges, ' n tfec'hanir_al redesian as dict.at cd by short: c 1 r c u i L analysis will bn it-ade duo. to the increased static clamping pr es, sure applied on the windings to IImit• the axial movement during shorL circuiL, The modifica - tion:a a re a:> follows: {.1 AlI ;steel or fifer. clamping rings, or p a r L I a I clamping plates will bc- reploc:ed with full non-met<-alIle h igh density top cIampJng rings. These clamping rings wi11 be of sufficient size to rc-~:, tr.ain the static and short circuit pressures and to give full radial spacer rsup - port, T hese non - metallic r inys provide t:hre0 main benefILst A) No losses rJue to circuiatIng currents. i' 13} Complete and given clantpini] pressure to all areas of ,11 coil;. c 4 ,i 'r C I t A(jonda Iton, N~S_ G _ RIM ' C) No possibility of core grouncis or core burning if' ring comes into contact with the core steel, 3.2 The bottom support will be modified or material added to provide full coil spacer support, 3,3 Additional rows of radial spacers will be added as , needed to limit mechanical --,tresses In the windIrig conductors to acceptable values, 3.4 Jack bolts, lock Irons and tie rods will be added or modified as required to restrain the static and short w circuit forces. 3,5 Additional gussets and bracing will be added to the top and bottom mechanical structures as required, 4.0 The core will be thoroughly cleaned and inspected, 411 All metallic core bolts in the legs will be eliminated or replaced with non-metallic bolts, This will minimize possible future core grounds at these loca- tions. The core will be sufficiently blocked to pre- vent movement of the core laminations. new I o c k 4 2 iAll core nsulations thisoIncludes~thelInsulation replaced d the with irons and the top and bottom steel clamping struc- tures 413 The core ground strap will be brought up to the under" side of the tank cover adjacent to a manhole to fa- cilitate the testing of the core insulation, 510 rialsnsubject~~tol~hithe core gh mechanical stresses will Lnew, ie high density, 6,0 The 'Pap Changer for De-energized Operation M C.D.0,) and in LTC Transformers the LTC mechanism will 1)e thoroughly cleaned, inspected for defective or worn parts, and checked for proper operation prior to reas° sembIy. wand illalbe other thoroughlyarflushed, 7,0 Ings CIr's wIthI n within th e hetank tank cleaned, dried and tested. For LTC Transformers, this will include the series transformer and the preventive autotransformer. 7.1 All cable leads and the lead uppor structure efwill re- thoroughly cleaned and inspected using. us e' r II n_j to _ /4 q 44 k 7 All 9aug eS valves and accessories will be inspected and checked for proper operattpnt✓ made priorrlgto 4Jre- be inspected and preliminary use. All gaskets used for• air or oil seal will be replaced. t This 1s to include, where applicable, all of the gas kets in the LTC panel between the main tank and the LTC housing. F.0 prior to tanking, the transformer core and coil as - F sembly will be vacuum dried. The insulation power factor will be monitored daring dry out. 9.0 prior to retankIng the core and coil assembly, the tank and radiators will be thoroughly flushed, eeared and dried. The tank will then be properly pr i= for painting. After a.sem ly, the transformer will be vacuum filled and all garketed equipment will be thor- oughly tested and checked for leaks. 10,0 The following tests will be performed on the reman - ~ ufactured transformer in accordance iith the laces 0, 1 revisl.on of AN1 or IEEP Specification 067.12.00, ANSI C'-,1".90), except as noted. i0 1 t!C Reaiatanc~; Made with a resistance bridge at ambi•. ent temperature and converted to 75 degree C. Resin" tance measurements are taken at rated voltage posiLIoil and tap extremes of all windings. 10.2 La eted -+nlt p with a a Dnble t:eTeats are me-tide on tl~e com- l 10.3 Corr, Insulation Res_J_stuncei. A Megger test is made from core to ground before shipment. 10.9 Ratio_ Ratio tests are made between windings several times during reassembly and at final testing at all tap connections. A Biddle TTR test set is used. lo.5 Noo road Test', Excitation loss and excitation current is tested at rated frequency at 100% and 110% rated voltage. 10.6 Ined. and_1=obi Loss: Tested at rated voltage po- { sltion and at tap extremes between all windings, 10.7 iKA-Ly and phase Rotation; Made on the rated voltage position. 10.8 br lied Potential; This test is made on all windings at full ANSI test level, fi0 Hz for one minute. ~J I~ f i 115? 10,9 Induced Potential: Test level is two times normal voltage or as required by ANSI standard, Test is made with 160 Hz generator for 7200 cycles, 10,10 Bushinn Tests: Bushings are individually tested with a megger before final assembly, The bushing power factor Is also tested with the capacitance bridge and with the Doble test set, After the bushings are mounted on the transformer they receive full dielec tric tests with the transformer, n 10,11 Power Factor; (Maximum 0,5% corrected to 20 degree C) 10,12 Dew Point; (Immediately prior to shipment) 10,13 In addition to thn Standard Production Tist:s listed above, each of the following tests are available and will be quoted as an option when requested, Lightning Impulse Front of Wave Impulse 1 Switching Impulse Partial Discharge (Corona) Partial discharge In pico coulombs and RIV in micro- volts will both be measured and recorded during the 1 hour Induced test, Temperature Rise Zero Sequence Impedance, 10,14 A certified Test Report will be supplied which Includes + results of the above tests and winding) connections as shipped, 11,0 The transformer will be completely repainted, 12,0 All units will be equipped with an auxiliary nameplate or a new nameplate, as required, to indicate changes and date of remanufacture. If a complete new name- plate is required, a new nameplate drawing will be ` supplied, 13,0 If required, a final report will be supplied which in- cludes a transformer repair record that details changes made in the design, Photographs of the original transformer and the redesigned and remanufac.- tured unit will be Included, September 2, 1992 c e I ~ 'M :CITY COUNCIL E q0~A°~6°~" p n ~~ddp ~ , °0~oaa ~cooo°° : - - i ki qq { AAAOOE91 ORDINANCE NO, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT OFMDENTON OANDE BLACK AGREEMENT AND V ATCH T INC I, FSORR THEESLAEKE RAY RTHE CITY OBERTS HYDROELECTRIC PROJECT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute the attached agreement, a copy of which is attached hereto and incorpo- rated by reference herein. SECTION expenditure of unds in the the manner aCouncil nd amount rasyspecifi d in the agreement. SECTION ITT, That this ordinance shall become effective imme- diately upon its passage and approval, PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRY, Mp,YOR ATTEST: JENNIFER WALTER.S, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITC,H, CITY ATTORNEY BY., a WOOE56 AMENDMENT NUMBER 2 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK AND VEATCH, INC., FOR THE LAKE RAY ROBERTS HYDROELECTRIC PROJECT The Agreement for Engineering Services entered into on the 17th day of May 1988, by and between the City of Denton (OWNER) and Black and Veatch, Inc., (ENGINEER) shall be amended as set forth below. The said Agreement is attached as Exhibit "I" and is hereby amended as follows: I. Pursuant to Article 18.0 (Integration and Modification) of that certain Agreement between owner and Engineer on the 17th day of May, 1988 (the Agreement), Owner and Engineer hereby agree that Section E of Attachment 1.0. of said Agreement is hereby amended by adding paragraph (7) which shall read as followsl (7) (a) provide design modifications to manhole to accom- modate new water treatment plant tie, develop spe- cifications for fishing platform and revise modi- fications for platform and fence layouts, and design of isolated battery room, (b) respond to corps of EngineersO requirement to exca- vation plan and archeological site, (c) provide design modifications required by the Federal Energy Regulatory Commission. (d) process amendments to FERC license. II. That the last paragraph of Attachment 2.0 of the Agreement is hereby amended to read as follows: Engineer agrees that the total amount payable by owner for the services shall not exceed three hundred ninety-nine thousand, six hundred thirty-three dollars ($399,633) without prior written approval from City. III. All other provisions, terms, conditions and obligations of the Agreement between owner and Engineer which are not expressly amend- ed here shall remain in full force and effect. Said Agreement and this Amendment shall be construed together as a single contractual agreement, C 1 4 +-L a 1t llem, Agenda 1 This Amendment Number 2 is executed in two counterparts, on this the , day of , 1992• CITY OF DENTON, TEXAS, OWNER BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: L BLACK & VEATCH, INC. ENGINEERS - ARCHITECTS BY: TITLE: - ` ATTEST: f SECRETARY - PAGE 2 C 1 1' < A r Atlenda Itar:._.1~2t? - DAT OCTOBER 6, 1992 CITY COUNCIL REPORT t TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #85491B - BLACK AND VEATCIH CON'T'RACT ~ AMENDMENT RECOMMENDATION: We recommend this contract amendment #2 be approved in the amount of $48,749,00. SUMMARY: This amendment to the Black and Veatch engineering contract is for additional services on the Ray Roberts Lake Hydro Electric Project. Specific items are outlined on the change order notice attached. Inclusion of this amendment bring the total contract to $399,833.00. Public Utility Advisory Board recommends approval. I BACKGROUND: Change Order proposal from Black and Veatch dated 8-10-92; Minutes of PUB meeting. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: City of Denton Utility, Lewisville Hydro Electric Project. FISCAL IMPACT: Funds for this expenditure will come from 1990 Revenue Bonds account #812-080-RB90-JR21-9246. Respo ully submitted: to , Harr .11 C#ty Manager Approved: Name: Tom D, Shaw, C. P.M. Title: Purchasing Agent I 701,aryoncfe I ~Y I t V . J 2i BLACK & V E A T C H AU°nda (tem. 9 ~WnRD P,wKwAY ftiln O v .?i UNQ ADDRESS; P.O. BOX8405 M.U KANSAS CITY, MISSOURI 84114 CHANGE ORDER CONTRACTOR Black & Voatch CHANGE ORDER NO. 2 DATE August 10, 1992 I SPECIFICATION NO. CONTRACT FOR Engineering Service Agreement FILE NO, 11.0200 OWNER City of Denton PROJECT NO. 10567 PROJECT Ray Roberts Hydroolooirlo Projoots The contract Is hereby changed an follows: Dolisre Amendment No. 2 for Ray Roberts Contrast Out-of-Scope Work (Table 3) $ 38,729 Battery Room Addition 8.000 Escalation (from Oocurrsnco to April 1991) 4,020 Total $48,740 I $ 48,749 Ap rov for BLACK V ATCH Nat (addition) (deduction of this order Previous total (addition) WAducilost) to contract 4,864 i` Net total (addition) (doduotlou) to contract 63,833 Original contract amount 348,000 to r y-- -19 G.: Not Contract Amount $399,833 ~ C- < ter` ~i~~ (Owner) (Conti or) By Data 10 By A~1' 7 CrCs. [talc S~/ 19 7._ 5 r f[e ~I I 1 t i Agond8 FtCf11_ V EXCERPT FROM ~ PUBLIC UTILITIES BOARD MINUTES September 9, 1992 i The following two items were considered together; CONSIDER APPROVAL OF CHANGE ORDER NO. 2 IN THE AMOUNT OF $48, 749 TO BLACK AND VEATCH ENGINEERING CONTRACT RELATING TO RAY ROBERTS DAM HYDROELECTRIC PROJECT. 7. CONSIDER APPROVAL OF CHANGE ORDER NO. 3 IN THE AMOUNT Of $40,820 TO BLACK AND VEATCH ENGINEERING CONTRACT RELATING TO LEWISVILLE DAM HYDROELECTRIC PROJECT. Harder reviewed these items. After tuxtensive discussion, Coplen made a j motion to approve Item #0 as presented, Second by Laney, All ayes, no nays, motion carried. 1 Laney made a motion to approve item #7 as presented, Second by Coplen. All ayes, no nays, motion carried. C 9 r G C I Ty COUNCIL - s I r. = 1 I - l 1 ~o°°anoaan o~000 oo It T HAQQO.- 4 qI D . O' OOQO~ , r o rr t + oO~~p - ITT: °0°oau ncaoo~° r Y i l~~cr,da hA AAAOOE90 - /4_-.10..- 9'0 •1 ORDINAN( a AN ORDINANCE AUTHORIZING THE "Y MANAGER TO EXECUTE AMENDMENT ~ NUMBER 3 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY ~f OF DENTON AND BLACK S VEATCH, INC., FOR THE LAKE LE41SVILLE HYDRO- jl ELECTRIC PROJECT; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION--I. That the Mayor is hereby authorized to execute the , attached agreement, a copy of which is attached hereto aiii incorporated by reference herein. SECTION Ii. That the City Council hereby authorizes the ex- penditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of , 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYi _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. 'Y 'l S 3, , ALL00367 Agenda IEem_ ~S l AMENDMENT NUMBER 3 TO THE AGREEMENT FOR ENGINEERING SERVICES BETWEEN THE CITY OF DENTON AND BLACK AND VEATCH, INC., FOR THE LAKE LEWISVILLE HYDROELECTRIC PROJECT G The 18th day of July n 1984F by Engineering between Services I on the i City of Detono (OWNER) and Black and Veatch, Inc., (ENGINEER) shall be amended as set forth below. The said Agreement is attached as Exhibit "1" and is hereby amended as follows; ` E I Pursuant to Article 18.0 (Integration and Modification) of that certain Agreement between owner and Engineer on the 18th day of July, 1984 (th6 Agreement), Owner and Engineer hereby agree that Section E of Attachment 1. 0. of said Agreement is hereby amended by adding paragraph (7), which shall read as followsr J (7) (a) provide design modifications to manhole to accom- modate new water treatment plant turbine. (b) provide design modifications required by the Federal Energy Regulatory Commission to build an insolat.ed battery room, (c) process amendmentr3 to FERC license. II. That the last paragraph of Attachment 2 is hereby amended to read as follows: Engineer agrees that the total amount payable by Owner for the services shall not exceed four hundred ninety-seven thousand, five hundred forty-one dollars ($497,541) without prior writ- ten approval from City. This includes compensation payable for project suspension and escalation charges. III. All, other provisions, terms, conditions and obligations of the Agreement between owner and Engineer which are not expressly amend- ed here shall remain in full force and effect. Said Agreement, Amendments No, 1 & and this Amendment shall be construed togeth- er as a single contractual agreement. PAGE 1 C c I~ r - _ 7,14 - SI y 4~ I A fonds Itam_/Y u _ 4~A This Amendment Number is executed in two counterparts, on this the , day of 1992. C~CITY OF DENTON, TEXAS, OWNER 1 BY: f BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYO ITCH, CITY AT'T'ORNEY BY: BLACK & VEATCH, INC. ENGINEERS - ARCHITECTS BYr TITLE: ATTEST: SECRETARY r PAGE 2 1 h ' e Y 1 a Agenda Itafn-2k I DA'J%d OCTOBER 6, 1992 CITY COUNCIL REPORT I~ , , t I O: Mayor and Members of the City Council PROM: Lloyd V. Harrell, City Manager i SUBJECT: PURCHASE ORDER #85491A - BLACK AND VEATCH CONTRACT AMENDMENT a RECOMMENDATION: We recommend this contract amendment #3 be approved in the amount of $40,820.00. SUMMARY: This amendment to the Black and Veatch engineering contract Is for additional services on the Lewisville Lake Hydroelectric Project. Specific items are outlined on the change order notice attached. Inclusion of this amendment brings 1 the contract total to $497,541.00, Public Utility Advisory Board recommends spproval, BACKGROUND: Change Order proposal from Black and Veatch date 8-10-92; Minutes of PUB meeting, PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton Utility, Y owlsville Hydro Electric Project, FISCAL IMPACT: Funds for this expenditure will come from 1990 Revenue Bonds Account iGi2-080-RB90-JR21-9245, 4 Rospee ally submitted: / IGIi ' LI y V, flarrolI City :Manager Approved: Name: Tom D, Shaw, Ch,M. Title: purchasing Agent 302,aqunda 4 11 1 Agenda Ilan1._rQ' B L A C K & V E A T C H r $46YWARO PARKWAY (k'([t 22 Q MMLINp ADDRESS: P.O. BOX 8405 ya/ KANSAS CITY, MISSOURI 64114 CHANGE ORDER c CONTRACTOR Black & Veatch CHANGE ORDUR NO, 3 DATE August 10, 1992 SPECJFICAT,ON NO. CONTRACT FOR Engineering Service Agreement FILE NO, 11.0200 ) OWNER City of Denton, Texas PROJECT NO. 10566 PROJECT LoMsvillo Hydeneledrio Project 0 The contract Is hereby changed as follows: Dollaro ` Amendment No. 3 for Lewisville Contract Dallas Intervention $ 26.00 Llconse Amendment 4,630 Battery Room Addition 6 wo Escalation (April 1990 to July 1901 Completion) 4.1 90 Total $ 40,820 I t Approved fot BL~GI~& VB~7CH Not (addlllon) (dad"4W4) of fills order $ 40,020 Previous total (addlllon) (doducUun) to contraot 110,721 Not total (addlllon) (daductoa) to contract 156,541 bate 19 ell' Original contraot amount 341,000 1 Not Contract Amount $497,541 (rhvnor) (Comracto) I t By Dato~_ 19 DY_.._T Date/! 19 < 1 l~Clldd i~0. _r~~-~/~•~.~Agenda Ilom_.!~ CO_ 1 mccERPT FROM pUBI,IC UTILITIES BOARD ~NUT>r5 rpt~lnlx t' 9 r 1992 t were coneid©red together' The following two items THE, AMOUNT OF $48,749 GB ORDER NO. 2IN TINE TO RAY CONSIDER APPRCtVAL OF CIIAII 8 TO BLACK AND VEATCH ENGINEERING CONTRACT' R RofiERTS DAM HyDROELBCTRIC pROJECT' OUNT OF $40, 20 ' I OF CIEANOE ORDER NO. 3 I CONTRACT AATM g TING 7, CONSIDER API?RDV V~,,CH E,NGINI'ERING CT LE BLACK AND HYDROELIwCTRIC PR03>;. I,EWI$VIT.LE ,,disauseion, Cnplen made a Af ter extenel d by . All ayes no Heys' garder reviewed these itemssented. Seaon Y motion tQ approve Item #S as pro (;oplen motion carried, resent6d. Second by . 411 Loney made a motion to spprove Item q7 ae p , ayes, no nays motion earried. I r. - a h 1 - :CITY COUNCIL - £ ' - r 1 - I T T . N OO OffO . 0 . o~ wa ~ G TM O 4. dDO F + o~ o a aooo°°°~o ITT" T TT ITT'T Mill Y i W _ CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 Z MEMORANDUM DATE: October 2, 1992 4 TO: Mayor and City Council Members I FROM: Betty McKean, Executive Director Municipal Services/ Economic Development SUBJECT: PACCAR/Peterbilt Grant Agreement At the September 29th work session, Council was briefed on the pending grant agreement with PACCAR, Inc, , involving the relocation of the Patorbilt Division Headquarters to Denton. The grant agreement is permissible under Section 380.001 of the Local Governmont Code (copy attached). Essentially, the agreement provides the following: PACCAR, Inc. , will purchase the Moore Rosiness Forms building at 1700 Woodbrook. Should the assessed value of land and building exceed $1,545,650 during the first five years after the date of purchase, the City of Denton will make economic development grant payments equal to the amount of City and Donton Independent School District (DIED) property taxes paid by PACCAR for building and land valuations exceeding $1,545,650. Any physical expansion to the building would not be considered part of the agreement. The term of the agreement will be five years. State law does not afford school districts the same grant capabilities as it does cities and counties. Thoreforo, under this agreement, the City I of Denton will be responsible for the DISD's grant payment portion, The DISD will reimburse the City for the its portion of the grant payment through other cooperative programs, The County is also considering entering into an identical agreemont for increased ad valorem taxes for Denton County. 8171566.8200 D/PW METRO 434.2529 t r ~i Agenda No. 7l~A6-z Agenda liem Page 2 U 7 Attached is a copy of the Grant Agreement for your review. Please lot me know if you have any questions Betty McKean, Executive Director Municipal Services/ Economic Developf4e~i I ,t A VIII I'. C ,v . AAAOOE2D en(fa N0. ..LG rl! Apendaltem_~~ l f_~ ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE AN ECONOMIC DEVELOPMENT GRANT AGREEMENT BE- TWEEN THE CITY OF DENTON AND PACCAR, INC. ; AND AUTHORIZING THE EXPENDITURE Or FUNDS PURSUANT THERETO; AND PROVIDING AN EFFECTIVE DATE. I WHEREAS, it is in the best interest of the City of Denton, Texas that the City enter +.nto an economic development grant with ' PACCAR, Inc., as provided for in TEX. LOC. GOVT. CODE ANN. § 380.001. (Vernon Supp. 1992); and r^ WHEREAS, the City Council of the City of Denton, Texas having reviewed the proposed economic development grant, determines that it is appropriate that it be approved as a program to promote local economic growth and development and to stimulate business in the City and that approval be given; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The May,>r of the City of Denton, Texas is hereby authorized to execute, on behalf of the City, an Economic, Develop- ment Grant Agreement between the City of Denton, Texan and PACCAR, Inc,, a copy of which. is attached hereto and incorporated by reference herein. I SECTION II. That this agreement shall cons'.-. i.e a program, pursuant to TEX. LOC. GOVfT. CODE ANN. § 380.001 promote local economic development and to stimulate business +..:e City, SECT IOM III. That the City Council he_raby !.-thorizes the ex- penditure of funds in the manner and anount ds Specified in the contract. SECTION IV. That this ordinance shall become .ffective imme- diately upon its passage and approval. PASSED AND APPROVED this the _ _ _ day of 1992. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: c r , t; t ..yy 1 M>~nda Ilonl_!~r..~.~ ~ ,k31C APPROVED AS TO LEGAI, FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY ~Y \ BY: . ILL t F I~ A Pdge 2 I ~ r. „ r. -T- c CITY- COUNCIL 4 I { I - ooantiaoa ~o: _ . QQO o F o e o0 G G~ ! Q CJ 0 - OQpF 0 h _ . O~OO f c Y V. * QOC' aancooo°Q i T-T IrC i e I Is, t,' O.G.t,C?12er_ 6.x,,.1992 CITY COUNCIL AGENDA ITEM I TO: MAYOR AND MEMBERS OF THE CITY COUNCIL a FROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES; ADDING NEW GENERAL SERVICE LARGE (GSL), GENERAL SERVICE SMALL (GSS), EXPERIMENTAL WEEKEND (EWK), APPLIANCE REBATE (APR), AIR CONDITIONING CYCLING REBATES (ACR), AND VOLUNTARY LOAD REDUCTION (VLR), RATE SCHEDULES; DELETING THE GENERAL SERVICE (GS), LARGE PRIMARY (LP), GENERAL SERVICE PRIMARY (GP), GENERAL SERVICE PRIMARY TIME OF USE (TGP), AND LARGE PRIMARY TIME OF USE (TLP), RATE SCHEDULES; PROVIDING FOR A S'EVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: Recommend approval of the Electric Rate Ordinance. BACKGROUND: The City Council was briefed on the fiscal year 1993 electric rate study results on September 29, 1992, The electric rate study consultant from C. H. Guernsey discussed the cost of service and rate design methodology used to develop new and revised electric rates, and presented the results of the proposed rate changes by customer class. Based on the results of the cost of service study, an overall rate decrease is proposed for fiscal year. 1993. One of the major objectives of the rate study was to become more competitive with other electric utilities. This was accomplished in part by separating the current commercial General Service (GS) rate into two new rate classes, General Service Large (GSL) and General Service Small (GSS). The new GSL rate provides for a rate decrease for customers who more uniformly utilize the generation, transmis^ion, and distribution system, while there is no change to existing rates for smaller commercial customers under the new GSS rate. Residential customers would see a 3,5% decrease in electric rates. No electric customer would see an increase in electric rates in fiscal year. 1993, c Apnnda No. Awnda Itom_.A,Z_ City Council Agenda Item Page 2 i The City Council was also briefed on the new proposed Experimental Weekend Rate (EWK). The purpose of this rate is to provide a lower rate for customers who have a peak demand on the weekend as opposed to weekdays. The proposal by the rate consultant provided for a 20% discount on the demand charge as compared to the proposed GSS rate. The Public Utilities Board recommended additional reductions in demand and energy charges for this rate class. The staff then presented the rationale for the Public Utilities Board's proposed changes to the EWK rate structure. After a discussion on the impact of both rate options, the City Council elected to accept the proposal presented by the rate consultant. There were no other changes made to the proposed fiscal year i 1993 electric, rates. Based on the results of the cost of service and rate design, an overall 5.1% decrease is proposed for fiscal year 1993. SUMMARY: 1 The Public Utilities Board, at their meeting of September 9, 1992, recommended to the City Council approval of the proposed Electric Rate Ordinance. The City Council reviewed the electric rates at the September 29, L992 work session proposed and concurred with the Electric Rate Ordinance as recommended by the Public Utilities Board with the exception of the EWK Rate. The Council proposed changes to the EWK Rate. FISCAL SUMMARYt The 5.1% decrease in fiscal year 1993 electric rates will produce total revenues of $62,817,000, An average residential customer would see approximately a $2.20 decrease in their monthly electric bill. tv 1 k v 1 A Ationda Item ~ A , _i Ili to City Council Agenda Item Page 3 4 PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDt Citizens of Denton, Electric Customers, Denton Municipal I Utilities, General Government, Customer Service, Legal Department, Public Utilities Board, and City Council, o Respec ully submitted, 1) L oy Harrell City Manager Prepared by, Howard Martin, Director Env. Op./Fin. Adm. Approved by, R. E. Nelson, Exec. Director Dept. Of rtilities Exhibit: I. Proposed Electric Rate Ordinance 11. Minutes of Public Utilities Board Meeting 9/9/92 (r t S r. A 1tarGdW; ;6)'9l_.. Ap.^,tulnltcai EXCERPT ^y r~~ (o Z/ y PUBLIC UTILITIES BOARD MINUTES September 9, 1992 8. CONSIDER APPROVAL OF ELECTRIC RATES. Harder reviewed the electric rates, advising that for the small GS (250KW) customers, there will be no increase. Motion Laney made a motion to recommend to the City Council approval of the proposed electric rate adjustment. Second By Coplen. Discussion The Board requested advertising the Time of Use Rate in the paper ~-since it is in the process of change. Experimental Weekend Rate (EWK) i Harder explained that for churches o:a the current General Service (GS) structure, the new EWK rate results in a schedule that is below the GS rate, but above the former Weekend (WK) rate. Compared to the current GS rate, the new EWK rate increases the facility charge from $15.00 to $20.00, reduces the demand charge from $7.00 to $5.60 per KW, and does not change tha energy rates or block structure. Coplen objected to the proposed ENK rate as proposed, stating it was still higner than the 1 forme'.: WK a'ate. Coplen noted that in fairness to customers within i this rate class, including churches, the EWK rate should be equivalent to the WK rate. The luad profile of several churches was reviewed. The Board emphasized the importance of notifying all potential users of this rate, not just churches. The staff was directed to search out the types of customers that may qualify, send notices and review for entry under this rate, Coplen recommended staff set up files and records in order to document the effect of the new rate. After discussion, a consensus was reached to withdraw the first motion. Second Motions Coplen made a second motion that the rates as outlined be accepted with the revision to the 'GWK rate that lowers the demand charge and the onergy charge for each block. Second by Laney, Discussiont Thompson indicated a concern with a 5t reduction for residents and a 25% reduction for churches. l I f AUnnda Nn.Agenda No. Adnndaitem._./L I~ Apendnpom~ Date Page 2 Nelson stated that the rates will be held to exactly what they were in November 1990, except for the 258 reduction below what current rates are for the churches. Giese noted that there is a need to 4 recognize this is an "experimental" rate, but there should be an ' ending point to it, so it can be re-examined. This ending point should be at least on a yearly basis, _ Laney encourages staff to work with the churches, helping them learn how to efficiently operate their heating and cooling systems. a have etaken advantage of the electric company's recommendations. Proposed Rates $20 and $25 facility charge $ 4.25 demand charge first 20 KW no charge first. 2500 @ 5.25/KWH all over @ 2.8 cents/KWH 808 ratchet Votes The Chair called for a vote on the second motion, All ayes, no nays, motion carried. Legal Comments The Board requested legal input from Drake; Drake advised it is a wia rate thin the class, rate the rate fairly be basic set premise that if inutility dividuals has must class, to apply to all the There is a potential problem with this experimental rate where only nocrestrictions ronftheonumber oflcustomers tfor aaparticular rate F; elecrate.o Agenda No, Agenda Itom1`~_r Rite ORDINANCE NO. / /J ietl ORDINANCE AMENDING THE SCFJEDULF OF ELECTRIC RATES; ADDING NEW GENERAL SERVICE LARGE: (GSL), GENERAL SERVICE SMALL (GSS), EXPERI- MENTAL WEEKEND (EWK), APPLIANCE REBATE (APR), AIR CONDITIONING CYCLING REBATE (ACR), AND VOLUNTARY LOAD REDUCTION (VLR) RATE C SCHEDULES; DELETING THE GENERAL SERVICE (GS), LARGE PRIMARY (LP), GENERAL SERVICE PRIMARY (GP), GENERAL SERVICE PRIMARY TIME OF USE (TGP), AND LARGE PRIMARY TIME OF USE (TLP) RATE SCHEDULES; PROVI- DING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Schedule of Rates for electrical services s provided for in Chapter 26 of the code of ordinances, is amended to read as follows; ARTICLE I. ELECTRIC RATE SCHEDULES i PAGE R1 Residential Service Rate R2 Residential Service Rate 2 J GSL General Service Large 4 l GSS General Service Small 6 EWK Experimental Weekend 5 G1 Local Government Lighting & Power Service Rate 1 4 (City, County, Independent School District) 14 TR Residential Time of Use Rate 16 TGS General Service Time of Use Rate LS Street Lighting 1B LO Other Lighting 23 LT Traffic Lighting 23 DD Dusk-to-Dawn Li htin 25 T1 Temporary Service scheduleurity Light} 26 A 28 P1 Interruptible Primary service 30 AF Athletic: Field 33 ES Standby, Si.,pplementary & Maintenance Service 33 DL Decorative Lighting 35 IDR Industrial Development Rate 41 TS Thermal Storage Rate 41 UPS Uninterruptible Power Supply 42 ECA Energy Cost Adjustment 43 APR Appliance Rebate 45 ACR Air Conditioner Cycling Rebate 46 VLR Voluntary Load Reduction 51 52 c "t w ~ - ;i Anda hl o, . ~ (file _..ZI SCHEDULE R1 RE:SIDEP7TiAI,_SERVICE (Effective 10/07/92) APPLICATION Applicable to all electric service used for residential pur- poses in a single family dwelling or an individually metered apartment; supplied at one point of delivery and measured through one meter where usage is not in excess of 700 KWH per 30-day month during the billing months MAY through OCTOBER. If usage in any such month exceeds 700 KWH, billing will be rendered that month 4 under Rate Schedule R-2 and thereafter for a period extending through the 12 billing months of the next year ending with the October billing. Annually, in November, the customer may again qualify for the R-1 rate provided that consumption has not exceeded 700 KWH per 30-day month during the previous six summer months. Where individual dwelling units are being served through the same meter and the KWH in the billing months of MAY through OCTOBER exceed 700 KWH times the number of dwelling units, the billing for that month and thereafter will be rendered under Rate Schedule R-2. NET MONTHLY RATE (1) Customer Facility charge $6.50/30 days i (2) Energy Charge 4.20G/KWH (3) Eriergy Cost Adjustment Schedule ECA MINIMUM BILLING $6.50/30 days TYPE OF SERVICE The City will supply single-phase service at any standard volt- ages available from the City's distribution system through one standard transformation. i PAYMEN Dills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. i SPECIAL FACILTTIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PAGE 2 i 1 v, 4 Agenda No..___7r~2 Agcnda Rum- /C 15l UaI.- --ld-4z-^~~ PRORATION OF UTILITY BILLS 1/ ~Z Billing for the Facility charge shall be based on 12 billings T? annual iy. Formula: Actual days in readin 30 g period x customer facility charge days t ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA, I i i I PAGE 3 t"F ~T n Aolmda No. 11110 _..1L?_ _(Q_ V13 SCHEDULE R2 RFSI>?ITT- AI_SI?R~~it E (Lfrective l0/'07/92) ` APPLICATION ` t Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Also applicable to any customer heat- ing with electric energy, resistance or treat pump. I Not applicable to resale service in any event, nor to tempo- rary, standby, or supplementary service excevt in conjunction with applicable rider. NET MONTHLY RATE WINTER SUMMER F'J Billing months of Billing months of NOV through APRIL MAY through OCT (1) Customer Facility Charge Single Phase $ 7.50/30 days $ 7.50/30 days Three Phase $15.00/30 days $15.00/30 days (2) Energy Charge First 1,000 KWH 4.200/KWH Additional KWH 3.800/KWH First 3,000 KWH 5.45¢/KWH Additional KWH 6.000/KWH (3) Energy Cost Adjustment Schedule ECA Schedule F.CA MINIMUM BILLING Single Phase $ 7.50/30 days $ 7.50/30 days Three Phase $15.00/30 days $15.00/30 days TYPE OF' SERVICE The City wi.l supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's dist-ibution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City any' the customer may be required in advance. PAGE 4 , c~ 4 r a I Arpnd3 Item~~ _ sd DAO PAYMENT lGC Z l/ 1 Bills are due when rendered, and become past due if not paid within 15 calendar dayc>, from date of issuance,. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY_BILLS Billing for the Facility charge shall be based on 12 billings j annually, Formula: Actual d_y_s in reading period x customer facility charge 30 days I ENERGY CHARGE 1J~ Billing for tie energy charge shall be based on actual KWH con- 1 sumpt.ion during the billing period. Formula: KWH in rata block x Rate per KWH in rate block ENERGY COST ADJUSTMLn A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. (i I 1 I PAGE 5 i c y: ~ t H kooda No-_ Wto SCHEDULE GSL GrNEPAL SERVICE TAR(,E (Eltective 10/67/92)) APPLICATION rr The GSL Rate is applicable to any customer having a minimum G actual demand of 250 MJ for all electric service supplied at one point of delivery and measured through one meter. Customers with an average actual demand equal to or greater than 180 KW during the previous twelve month period may be allowed service under this rate, subject to the minimum billing + provision. Customers who elect to discontinue service under this rate are ineligible for service under this rate for twelve months. No+: applicable to ,esale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE i (1) Customer Facility Charge $60.00 per 30 days j (2) Demand Charge $ 9.00 per KW of demand per 30 days (3) Energy Charge 1.400/KWH for all KWH 1 (4) Energy post Adjustment Schedule ECA MINIMUM BILLING { An ;.dount equal to the facility charge plus the greater of: 1) demand charge as calculated on 250 KW, or 2) seventy percent (70%) of the maximum monthly demand charge for any month during the pre- ceding months of May through October. TYPE Q SERVICE secondary or primary service available to commercial and indus- trial customers. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. PRIMA Y SERVICE DISCOUNT Customers who awn, operate, and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.30/KWH. Primary service customers PAGE 6 4 Y. Artw,nda Ilomlf~ f utilizing City owned and operated faci..lity and I~trai formatio equipment necessary to receive primary voltage service shal~ receive a discount o 0.it`!KWf(. The City shall own, operate and ir,ainlain all metering fac .ii i s either at pri'~ary or secon-dar, voltage. PAYMF,NT ; Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. DETERMINATION OF DEMAND 4 The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be less than 70% of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month. POWER. FACTOR The city reserves the right to make tests to determine eligi- bility for the GSL rate and to determine the power factor of the customer's installation served either by measurement during periods ,f maximum demand or by measurement of the average power factor, for the monthly billing period, If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor, SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION Py-UTILI~ Ty HILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula; Actual _da~rs in r~adinc~ eriod 30 days x cust.omer facility charge PAGE 7 v ~i J Ayenda Itorn_!Q ~~rJ 1' E?11P ~U r/~ (b) Billing for demand shall be calculated on a 30 day pe month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading Period 30 days x KW demand x Rate i ENERGY CHARGE 1 Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per. KWH in rate block to~ ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. I IIIr{ A 1 r PAGE 8 0 n Awndaltorri.yi5.,,,~ 310 SCHEDULE (i88 /,/y ~Z r: GURRI~SrRVTC _.S~niaL S" (Lfie tive L0i/07/92) APPLICATION 4 The GSS rate is applicable to any commercial or industrial customer having a maximum demand less than 250 KW for all electric service supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge Single Phase $15.00 per 30 days { Three Phase $20.00 per 30 days (2) Demand Charge $ 7.00 per KW (first 20 KW not billed) (3) Energy Charge First 2500 KWH 6.560/KWH All KWH over 2500 3.500/KWH (4) Energy Cost Adjustment current ECA Schedule MINIMUM 5ILLING An amount equal to the facility charge plus the greater of; 1) the demand charge calculated on the actual KW demand, or 2) seventy percent (70%) of the maximum monthly demand charge for any month ' during the preceding months of May through October. TYPE OF SERVICE secondary service available to commercial and industrial customers. The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard ~.ransformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer may be required prior to Its being furnished. PAGE 9 i { i I ~{Jr,ndd PJo...~/ {lends Item 16,S ~,,yyG PAYMENT Pills sire clue when rendered, and become past due if not paid %A thin 15 calendar days .roni date of issuance. DETERMINATION OF DEMAND The demand shall be determined by the KW supplied during the c I 15--minute period of maximum use during the current month as deter- mined by City's demand meter, but shall not be less than 70% of the highest monthly demand determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current I month. In no case, shall billed demand be less than 0 KW. a I In cases where the connected load is constant, the City may, at its option, estimate the Kw demand. For neon signs, one volt am- pere shall be considered the equivalent of. 3/4 watt. POWER FACTOR t1' The City resey:ves the right to make tests to determine the power factor of the customer's installation served either by measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the I power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrsrted KW billing demand by 90% and dividing by the determined power factor. SPgCIAL FACILITIES. All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PR_ ORATIQV OF UTILITY BILLS I (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: Actual days 30 rgAding__ eriod x customer facility charge Y (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: pctual_da.g in reading period x adjusted KW demand x Rate 30 days PAGE 10 1 i F-411t4ySpi~ f ~t t±r :-5 5.~ ~~ll ~~ff~~}} Zc f A~lend2110m_~`~ „ ENERGY 13310 "llfng for the energy chrirge shall be b. sumption dUL-1.11g the bill" aced on actual n7H con- 1 periou Formula: KWH in rate block x Rate Per KWH in rate block ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. 9 I PAGE 11 < i Y. 1 .i I Aoamda item_11 is1~~ SCHEDULE EWK i?_^R!MFNTAL. WrEYEND RATE `di~ (EFF'EC-TIVI., 10/07/92) APPLICATION fj 1 Applicable to any commercial and industrial user whose maximum demand load occurs during the period from Friday at 12 midnight through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Friday 12 mid- night that exceeds 80% of the maximum demand load. Customers on a this rate who do not meet the application requirements are ineligi- ble for service under this rate for twelve (12) months. Not applicable to resale service in any event, nor to tempo-'I rary, standby or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Facility Charge $15,00/30 days--Single Phase $20.00/30 days--Three Phase (2) Demand Charge $ 5.60/KW (first 20 KW not billed) (3) Energy Charge First 2,500 KWH 6.564~/KWH All over 2,500 KWtf 3.50¢/KWH (4) Energy Cost Adjustment Per Schedule ECA MINIMUM -BILLING An amount equal to the demand charge as calculated below plus $15/month for single phase service or $20/month for three phase service, per 30 day billing. TYPE OF SERVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the city and the customer may be required. PAYMEN'i Bills are due when rendered and become past due if not paid within 15 calendar days from date of issuance. PAGE 12 r 1 w n Mto P SCHEDULE EWR rvn P'T?- MTAT, WPF,KF*1D.12ATE APPLICATION G Applicable to any commercial and industrial user whose maximum demand load occurs during the period from Friday at 12 midnight j through Sunday at 12 midnight and does not experience a demand load during the period from Sunday 12 midnight through Friday 12 mid- night that exceeds 80% of the maximum demand load. Customers on w this rate who do not meet the application requirements are ineligi- M e for service under this rate for twelve (12) months. Not applicable to resale service in any event, nor to tempo- rary, standby or supplementary service except in conjunction with applicable rider. { V _FT MONTHLY RAC (1) Customer Facility Charge $15.00/30 days--Single Phase $20.00/30 days--Three Phase (2) Demand Charge $ 5.60/Kw (first 20 KW not billed) (3) Energy Charge First 2,500 KWH 6.564/KIKH All over 2,500 MI 3.50¢/KWH (4) Energy Cost Adjustment Per Schedule ECA MINIMUM BILLING An amount equal to the demand charge as calculated below plus $15/month for single phase service or $20/month for three phase service, per 30 day billing. YPE OF' u3FRVICE The City will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service:, special contract arrangements between the City and the customer may be required. PAYMENT Bills are due when rendered and become past due if not paid witi,in 15 calendar days from date of issuance. PAGE 12 r i k 4 } lt~ce3tla Itam~~~„ UETERMINAT_q OF DEMAND The demand shall be cletermined by the KW supplied during the fifteen (15) minute period of maxi.num use during the current month as determined by the City's demand meter. Billing shall be based on an adjusted KW demand, which is the actual demand less 20 KW, The adjusted KW demand will subsequently be used for billing the demand portion of the utility bill. In no case, shall billed demand be less than 0 KW. SPECIAL FACILITIES s All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider, PRORATION_OF UTILITY BILLS Billing for customer facility charge and demand shall be calcu- lated on a 30-day basis and prorated for longer or shorter billing period, (a) Billing for the Customer Facility charge shall be based on 12 billings annually. Formula: Actual days 3nn reading period x customer facility charge Y (b) Billing for the Demand Charge shall be based on 12 bill- ings annually. Formula: Actual a s fn readina_~eri.od x adjusted KW demand x Rate 30 days e ENERGY CLL! -RG_U Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block _F,TLERGY COST ADJUS'rMFAIT A charge per KWH of energy taken for fuel cost calculated in accordance with schedule ECA. PAGE 13 r v. 1 e Agenda 110 ~ r7~ _ SCHEDULE G1 T OcAl, Gov,'OP fMFC T (Ettective~10/07/92) f APPLICATION L Applicable to any local City, County or School District for all electric service supplied at one point of delivery and measured through one meter. Not applicable to resale service in any event, nor to tempo- q rary, standby or supplementary service excgpt in conjunction with applicable rider. NET MONTHLY RATE (1) Customer Charge Single Phase $15.00 per 30 days Three Phase $20.00 per 30 days (2) Demand Charge $ 6.00 per KW of demand (3) Energy Charge 2.884 per KWH for all KWH (4) Energy Cost Adjustment Current ECA Schedule MINIMU _ BILLING An amount equal to the demand charge as calculated below but 1 not less than fifty percent (50%) of the maximum monthly demand charge for any month during the preceding months of May through October plus $15.00/month for single phase service or less than $20.00/month for three phase service, per 30 day billing period. TYPE ON SERVICE The City will supply single-phar,e service (or three-pl^ase ser- vice if available at the point of delivery) at sixty (6o) cycles and at any standard voltages available from the City~s distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE. 14 1 ~ r o-~ li %i DETERMINAT?ON OF F DEMAND a the KW supnlied during the The demand shall be determined by the current, month as deter- L5-minute period of maximum use during mined by City's demand meter. POWER FACTOR The city reserves the right to make tests to determine the Th E curts power factor of the s oof maximum installation o or by measurement of measurement during period eriod. If the demand for billing the average power factor for the rt ent, y the billi parer factor is below ninety p purposes will be determined by multiplying the uncorrected KW the determined power factor. ermined billing demand by 90% and dividing by AL FACL"1TIES All services which require special facilities in order to meet rr customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS cility charge shall be based on 12 bill- (a) Billing for the Fa ings annually. I For`nula: Actual clays itt r~_ eadina pgriod x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. 1 Formula: Actual days in r. reading--period x Kw demand x Rate: 3o days ENERG COgT DJUSTMENE A charge per KWH of energy taken for fuel cost calculated in accordance with schedule ECA. PAGE 15 a _ SCHEDULE TR K,51')._fT_TAL TTn17 nF tr,'fte(:tive lU/U7j)2) PPLICATION Applicable to any customer for all electric service used for residential purposes in an individual private dwelling or an indi- vidually metered apartment, supplied at one point of delivery and measured through one meter. Customers applying for the TR rate must remain on this rate for twelve (12) continuous billing per- iods. Not applicable to resale service in any event, nor to tempo- rary, standby, or supplementary service except in conjunction with applicable rider., MF MONTHLY RATE I (1) Customer Facility charge Single Phase $15,00/30 days Three Phase $20.00/30 days (2) Energy Charge On-Peak Hours 24.80 /K14H Off-Peak Hours 1.40 /KWH ' (3) Energy Cost Adjustment Schedule ECA MINIMUM f3TLhING The minimum monthly bill shall be the Customer Facility Charge. TYPF,_OF SERVT~CF.' Single-phase or three-phase at sixty (60) cycles at secondary distribution voltage. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required prior to its being furnished. pS''T IJ_UQN. OF LNnEEhK_j1OURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 1:00 P.M. to 8:00 P.M. each Monday through Friday, staring on June 1 and continuing through September 30 each year. The City's on-peak hours may be changed from time to time and the customer will be notified twelve (12) months before such changes become effective. PAGE 16 r L i i c j r PoOlAa hJO. _ LT _ / / DEFINITION O OFF-PEAK HOURS as Y T he City's off-peek hours, for the purpose of t1lis rate sched- ule, shall be all hours not des.;gnatod cis on-peak hours, SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTI ZTY BZ „S Billing for the Facility Charge shall be based on 12 billings annually using the following formula: A~t_ a _dUf~, Lo days" ieriA x customer facility charge ~ERG~t CHARGE Billing for the energy charge shall, be based on actual KWH con- sumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block )NERGY COST ADJUSTM NT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAYMENT Bills ar+3 due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PAGE 17 I L r. w r A( egda IIonL_ Mir" SCHEVULE TGS p = GE"jFRAL SERVTCE TTM:? OF USE F (i:I ac: tlve 10/07/92)v~ 1 APPLICATION Applicable to any customer having a minimum demand of 750 KW for all electric service supplied at one point of delivery and measured through one meter, with the city providing all facilities necessary to receive primary voltage service. Supplementary ser- vice will be available subject to the applicable rider. Not appli- cable to resale or temporary service. Customers electing this rate must remain on this rate for a minimum of twelve (12) continuous billing months. r+ NETT, MONTHLY RATE 1;1) Customer Facility Charge $70.00/30 days (2) On-peak Demand Charge $10.00/KW of On-Peak Demand (3) System Demand Charge $ 4.00/KW of System Demand (4) Energy Charge 0.50/KWH (5) Energy Cost Adjustment: Per Schedule ECA MINIMUM BILLING The minimum monthly bill shall be the sum of the customer Facility charge, the On-Peak Demand Charge, and the System Demand Chargei but not less than 100% of the maximum monthly total demand charge for any month during the preceding months of May through October. n PE OF SERVICE Secondary or primary service available to commercial and indus- trial customers. Primary voltage service is available to any cus- tomer with a minimum demand of 250 KW. Primary service is rendered at one point on the customer's premises at a nominal voltage of 13,200 volts. The City will supply single--phase service (or three-phase ser- vice if available at the point of delivery) at sixty (60) cycles and at any standard voltages available from the City's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required. PAGE 14 i" c, i k M a_ 1 A i A(pitida Da I DE_ TFRYtNATION OF ON-PEAK DEMAND t ~ t Z The on-peak drrnand shall be dct_ermined by the KW demand sui;- plied during the f.ifte(~n (la) minute period of maxilm'm use eac:h f month during on-peak hours as recorded by the City's demand meter j and adjusted for power factor, but not less than one itundred per- cent (1000 of the maximum on-peak demand similarly determined dur- ing the billing months of June through September in the twelve (12) months immediately preceding the current month. The on-peak demand will be billed every month. 9 DETERMI ATI(N OF SYSTEM DEMAND The system demand shall be determined by the maximum KW demand ee~ supplied durin, the fifteen (15) minute period of maximum use each month as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred percent (100%) of the maximum system demand similarly determined during the billing months of June through September in the twelve (12) months immediately preceding the current month. POWER FACTOR PENALTY of reserves powerh factoCity cuthe st.omerh s installation tests served determine either the measurement during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by Dot and dividing by the determined power factor, f)RFINITION OF_ ON-PE K HOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 1:00 P.M. to B:GO P.M. each Monday through Friday. The City's on-peak hours may be changed ' from time to time and the customer will be notified twelve (12) months before to such changes become effective, DSFINITIQN OF OFF'-PEAK HOURS The City's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours, SUPPI,EMENTAL POWER '_TWLT; Customers requesting standby or supplementary power shall be allowed service under this rate schedule) however, the determina- tion of system demand shall be adjusted to read: The system demand shall be the sum of the maximum KW demand supplied during the fifteen (15) minute period of maxi- mum use as recorded by the City's demand meter plus the KW nameplate rating(s) of the cust,)mer.'s generator(s). In the PAGE' 19 ---r r is iE I Agwida Itam._ ik3ta . -PAZ . event the customer's generator(s) is /are off-line at tt~e of the establishment of the maximum system demand, the nameplate ratinq of the gene:at r(s) unavailable for service shall be removed from the determination of the .system demand. In no event shall the system demand be less than one hundred percent (100%) of the maximum system demand similarly deter- mined during the billing months of June through September in the twelve (12) months immediately preceding the current month. " SPECIAL FMCILITIES All services which require special facilities in order to meet the customer's service requirements shall. be provided subject to special facilities rider. P ORATION QE-UTTLITY BILLS (a) Billing for the Facility Charge shall be based on 12 bill- ings annually using the following formula: dual cLays n aaadin_c~erioc( x customer facility charge 30 Y (b) Billing for demand shall be calculated on a 30-day-per- month basis and pro rated for longer or shorter billing periods using the following formula: Actui_k1 d4Ys iinn_ Lgadit1 _ beriod 30 days x KW Demand x Rate f ENERGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. PRJ.DlA "E VICE IS OUN`i' Customers who own, operate and maintain all facilities neces- sary to receive three phase primary voltage service and all trans- formation facilities required for conversion to utilization voltage shall receive a discount of 0.30/KWII. If primary service is provided and the city owns and operates all facilities and transformation equipment necessary to receive primary voltage service, a discount of 0.1C/KW will be applied to the customer's bill. The City shall own, operate and maintain all metering facilities, either at primary or Secondary voltage, at the City's option. PAGE 20 C Y. ie r~l ii AO0n(I, PIG. ~T s Agenda SCHEDULE LS [13te....L:~'_~! 5'PR_F,_ET LIGHTING APPLICATION Applicable to all street lighting awned and maintained by the City of Denton. NET_MONTIiLY_ RATE (1) Facility Charge See table (2) Energy Cost Ad ustment Current ECA x Monthly Bulb , i Wattage Factor Facil I.Y Chazae Bulgy Wattage Factor LS LSA 100W Sodium Vapor $ 4.75 48 KWH LSB 250W Sodium Vapor $ 6.75 105 KWH LSC 400W Sodium Vapor $ 8.50 159 KWH 0 124A 175W Mercury Vapor $ 5.50 70 KWH LMB 250W Mercury Vapor $ 6,50 98 KWH LMC 400W Mercury Vapor $ 8,25 153 KWH LMD 1000W Mercury Vapor $15,00 380 KWH TYPE OF EEM-C-E 'rhe city will supply single-phase service (or three-phase ser- vice if available at the point of delivery) at ,sixty (60) cycles and at any standard voltages availabin from the city's distribution system through one standard transformation. Where service of the type desired by the customer is not already available at the point of service, special contract arrangements between the City and the customer may be required prior to its being furnished, FAQ ENT Bills are due when rendered, and become bast due if not paid within 15 calendar days from date of issuance. P ORATLQN OF UTILITY BILi_S a) Billing for the Facility Charge shall be based on 12 bill- ings annually based on the following formula: F~ctual._cL yai _ir, ieadinc-perioc 30 da x customer facility charge Ys PAGE 21 t i ti - i Agonda Ilem-fle r _ ERGY_COST ADJ_ USTMENT charrie r,z {q,y of enr7}' taken for. fuel cost a !(:crdAljce:with SchOdttle ECA. alculated in G 1 ,101 PAGE 22 't t .1 SCHEDULE LO R la /l~ - l I~T!TFR LICTITruc LO P,PPLICATION ' Applicable to State and Local Government agencies that install and maintain their own street lights, other than the City of Denton. NET MONTHLY RATE BULB WATTAGE ° FACTQ$ LS1 250W Sodium Vapor 5,14y/KWH 105 KWH LS2 400W Sodium Vapor 5.140KWH LM1 400W Mercury Vapor 5.144/KWH 15 KWH 1142 1000W Mercury Vapor 5,144 KWH 153 3 KWH / 380 KWH LOD APPLICATION i Applicable to other unmetered lighting services, ~JE~. M ' iLY RATE To a-1W atts x Hours used per Month x 5.190/KWH 1,000 TY?E -U SF,~t/ICE At the City's available secondary voltage and phase. P XMl T Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. CNTMNCE CHARGE Maintenance expenses billed at cost. 5PE'CIAL FACII,ITTES All services which require special facilities in order to meet customer's service requirements shall he provided subject to the special facilities rider. PAGE 23 c 1 i. ra , t A Apcnda Ilorrt__( _S^ ENERGY COST ADJUSTMENT 6 A charge per KWH o1' en«rgy t!ken for fuel cost calculated in accordance with Schodule ECA. 1 1 a A PAGE 2,4 t t /yIuntla NO Apaildallam~ SCHEDULE LT J'o CRATn -nTGIURNG APPLICATION Applicable to Stato and Local Government agencies that operate and maintain their own traffic signals. G NET MONTHLY RATE All KWfi 5.140 per KWH 1 TYPE OF SERVICE 9 At the Ci-*Y'S available secondary voltage and phase. p~,Y'MErrT A Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. MAINTENANCC CIiARGE Maintenance expenses billed at cost. 5PRrIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. F-,RERGY 'OST ADJUSTMENT A charge per KWti of energy taken for fuel cost calculated in accordance with schedule ECA. PAGE 25 C i Aftcnda Iten1.._ SCHEDULE DD N41 ~rrsx- pro n_as•)rJ r,rrEirT_rl APPLIC T:CON L Applicable to ar' customer within the area served by the City's electric distributit system for outdoor area, lighting when such lighting facilitios are operated as an extension of the City's distribution system. NET MONTHLY RATE c (1) Facility (haraa See table i (2) p ee_rgy_ Cos_ t Ad ust ent Current ECA x monthly Bulb . 4lattage Factor Facil i-ty Charge Bulb L4tttta e ctor DSA 100W Sodium vapor $ 7.50 48 KW11 DSB 250W Sodium Vapor $ 9.75 105 KWH DSC 40OW Sodium Vapor $12.00 159 KWH DMA 175W Mercury Vapor $ 6.25 70 KWH DMB 25OW Mercury Vapor $ 7.25 98 KWH DMC 40OW Mercury Vapor $ 8.00 153 KWH TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled, mercury or sodium vapor light- ing fixtures conforming to the City's standards and subject to its published rules and regulations. Where necessary for proper Illumination or where existing poles are inadequate, the City will install or cause to be installed, one (1) pole for each installed light, at a distance not to exceed eighty (801) feet from said existing lines, at no charge to the customer. Each additional. pole span shall not exceed a span spac- ing of one hundred (1001) feet. Additional poles required to .in- stall a light in a customer's specifically desired location, and not having a light installed on same, shall bear the cost. PAY_ ENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. T~;RM _OI_ CONTRACT A two (2) year contract. shall be agreed to and si(Ined by each customer desiring Dusk-to-Dawn Lighting service authoarizing fixed monthly charges, which may be reviewed annually, and to be applied PAGE: 26 C t• r. A1nnd3llnn7 to the monthly municipal utilities bill. In the event that a As- tomer desired the removal of the unit or discontinuance of the ser- prior. to comple`.ion of two (2) years, the remainder of the c•ontrect ;_eriud shall clecome due and p,jable. Aftar the end of the initial two (2) year c,ntract, service shall continue on a month- to-month basis and may be canceled by either party upon thirty (30) days notice. SFBCTAL_FACILI'PIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS ' Billing for the Facility charge shall be based on 12 billings annually, Formula: Actucl_ys ii readina period 30 days x customer facility charge E ERGY COST ADJUSTMENT A charge per KwH of energy taken for fuel, cost calculated in II accordance with Schedule ECA, I PAGE 27 I. 'f ti ~tlande Itana_~ Ia110._....~~" SCHEDULE TI TPUn_RAP. ( S1?RVTCF LP-PL CATION J Applicable when a customer requests electric service on a short term or temporary basis where a customer has received a permit from the City of Denton ,s Building Inspections Department. rate is not applicable after This the certificate cf occupancy has been issued. NET MOIJTHLy_ RAIPDF " (1) Facility Charge Single Phase $15.00/30 days Three Phase $20.00/30 days (2) Energy Charge 6.56¢/KWH (3) Energy Cost Adjustment Current ECA Schedule I MINIMUM BILLING Facility charge I TYPE OF SERyICE f At the City's available secondary supply. PAYMENT Bills are due when rendered, and become past due if not paid within 35 calendar days from date of issuance. ADDITIONAL TE PORA8Y SERVI E CJ R,E~, Labor (Regular Time) $60.00 minimum up to I hour. for each additional hour (to be6mea- sured to the nearest one-quarter hour). Labor (Overtime) $75.00 minimum up to 1 hour. $75.00 for each additional hour (to be mea- sured to the nearest one-quarter hour) . Premium time to be added where applica- ble. Transportation To be billed by hours or miles as applicable, according to the estimated cosy:. of operating the equipment. PAGE 28 f tiY i ~ v f' k :I 1 1 Material Material that cannot be salvaged--to ire 2/`-\/~~ billed at Stores cost plus 25% an (v/l1 applicable sales tax. At the time a temporary service is re- moved or converted, any loss in the material installed due to negligence or willful action by the customer will be billed separately to customer at Stores cost plus 25% and sales tax. SPECIALFACILITIES All services which require special facilities in order to meet ° the customer's service requirements shall be provided subject to special facilities rider. Sea Section 25-23(e) for standard re- quirements. FA PROM IOH OF UTILITY BILLS Billing for the Facility charge shall be based on 12 billings annually. Formula: Ac ual days in readi~e_rio~ X customer facility charge 30 days E I~E'$.GY C ARGE Billing for the energy charge shall be based on actual KWH con- sumption during the billing period, Formula: KWH in rate block x Rate per KWH in rate block ENERGY COST A JllST ENS A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. I PAGE 29 C i r . ai d SCHEDULE P1 INT! RRlIPTII3T_.E _PR7M~_F.Y_ S_F.,~VZCE (Eifbctive 10/071'92) APPLICATION Applicable to all customers taking power load exceeding 1,000 KVA during the mmonths rofcJune, aJUly, ~i August and September and is, by contract, provided service subject to load interruptions, The City retains the right to limit the number of customers on this rate if the city's load t-eduction goals are met. _ET MO THLYCHA GE (Estimated transmission firm) (1) Facility charge $70.00/30 days (2) Energy Charge 0.200/KWH (3) Demand charge $ 4.00/KW (4) Energy Cost Adjustment Current ECA Schedule PAYMENT withiin115 carelendduae when rendered, and ecome days from date of ssu nce past due if not paid MINIMUM BILLING An amount equal to the demand charge as calculated below but not less than one hundred percent (1000 of the maximum monthly KW simil•Arly determined during the previous billing months of MAY through OCTOBER in the 12 months ending with the current month, nor LESS 'than 1,000 KW. TYPE OF SERVICE Interruptible primary voltage service (transformation equipment owned by customer) is available to any customer with a 12-month minimum monthly demand of 5,000 KW or greater, Interruptible pri- mary service rendered at one point on the customer's premises at a nominal voltage of 13,200 volts or 69,000 volts three-phase at the option of the utility. The primary voltage service customer shall own, operate, and maintain all facilities necessary to receive three phase primary voltage service and all transformation facilities required for conversion to utilization voltage. The City shall own, operate and maintain all metering facilities, either at primary or secondary voltage, at the Utility's option. Where the City elects to meter at secondary voltage, two percent shall be added to the demand PAGE 30 r" y h ii I Agenda Itum~~ charge, the energy charge and the energy cost adjustment char e to account for transformer losses. c. Ca« DETERMINUTON OF DEMANI) The demand shall be determined by the KW supplied during the 15-minute period of maximum use during the current month as determined by City's demand meter, but not less than 100% of the maximum monthly KW similarly determined during the billing months of MAY through OCTOBER in the 12 months immediately preceding the current month, nor less than 1,000 KW. POWER FACTOR REQUIREMENTS AND ADJUSTMENTS The City reserves the right to make tests to determine the power facto-- of the user's installation served hereunder during periods of maximum demand for the monthly billing periods, Should the power factor so determined be below ninety (90%) percent, the demand for billing purposes will be determined by multiplying the uncorrected KW billing demand by ninety (90%) percent and dividing by the determined power factor. SPECIAL FACILITIES All service which requires special facilities in order to meet the customer's service requirements shall be provided subject to special facilities rider. PRO TIOH OF UTILITY BILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: Actual days in reading period x customer facility charge 30 days (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formula: Actual days in reading yeripd x KW Demand x Rate 30 days ENERGY CHARGE Billing for the energy charge shall be based on actual KWH consumption during the billing period. PAGE' 31 t t, b A A i, ApondR Ne,.~ ~ Auonda Item /LAS Formula; KIM in rate blo(,k x Rate per. KWIf in rate bl.ork ENERGY COST AD,lUSTh1EM,,r A charge 4 per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. f i I PAGE 92 c Y. r ,s ~i i Agenda Item SCHEDULE AF r3~' to 1~'I'HLETE Fi_F_Lp APPLICATION Applicable to a11. electric service metered at one point for use to light specified areas for athletic events where such electrical use will not occur between the hours of 10:00 A.M. and 7:00 P.M. for the months of June through September. NET MONTHLY RATE (1) Customer Facilities Charge Single Phase $20,00 per 30 days Three Phase $30,00 per 30 days (2) Energy Charge Billing months of June t rou h September All Other Hours (Off Peak) 3.754 per KWH ' 1:00 PM to 7:00 PM (Peak) 7.504 per KWH (Weekdays excluding City Holidays) Billin months of October hro-tgh -MAX:. All hours 3.'754/KWH (3) Demand Charge Hillin -M„onths of Ju e through Septer e All Other Hours (off Peak) $1.00 per KW per 1:00 PM to 7:00 PM Peak 30 days { ) $4.50 per KW per 30 days B i g-nonths of October through Ma All hours $1.00 per KW per 30 days (4) Energy Cost Adjustment Current ECA Schedule INIb UMLLING Facility Charge PAGE 33 t ~I A1endailem (hie . TYPE OF SERVICE V3~ ez At the City's available secondary voltage and available phase, For. use cnly between the hours a1' 7:00 P.M. cznd :0:00 A.M. Cram June through September and all hours from October through May. POWER FACTOR The City reserves the right to make tests to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly billing period. If the power factor is below ninety percent, the demand for billing purposes will be determined by + multiplying the uncorrected KW billing demand by 90% and dividing by the determined power factor. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF U1U ,jj.TY_QILLS (a) Billing for the Facility charge shall be based on 12 bill- ings annually. Formula: Actual days in_zr....ditc_g~iod x customer facility charge 30 d ••,s (b) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or shorter billing periods. Formulat Actual days in raadiing ueriol x KW demand x Rate 30 days ENERGY CHARG Billing for the energy charge shall be based on actual KWH con- sumption during the billing period. If Formula; K4?H in rate block x Rate per KWH in rate block NUEGY COST ADJUSTMENT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PAGE 34 v> at 1 A Acmda Itun)_...~,~ SCHEDULE ES rIQ p~/ ~ZJ fnNnCiY,* fr~pr c~' ii? nR'I A_~d_'J MA IT? PIANO _SERVICE 10/07/921 ARPLICATIgN Applicable in all areas served by the City to customers who; j (1) own and/or operate an electric power generation facility mainly used for non-emergency uses and which has a total nameplate or effective capacity (whichever is lesser) of fifty (50) X14 or more in parallel with the city's electric system for the purpose of generating power for the custom- er's own consumption, and (2) employ equipment which is compatible with the City's elec- tric system at the customer's delivery point and which will cause no damage to the City's electric system or equipment, or present undue hazards to City personnel, and (3) own and/or operate an electrical generating facility which has been certified annually by a registered professional engineer practicing in the utility or Independent Power Production Industry to be a functioning and reliable generating facility. (4) operate an electrical power generating system at least 61500 hours annually. (5) execute an agreement for interconnection and parallel operation with the city. I - RCOMEDq N COSTS The customer shall reimburse the City for any equipment or facilities required as a result of the installation by the customer of generation in parallel with the City's electric system. The customer shall pay all costs of the City to extend its facilities or modify them at the time of interconnection, or at some future time In order to permit parallel operation of the customerFs facility, TYPE OF. SERVICE The City shall supply alternating current at sixty (60) cycles and at the voltage and phase of the City's electric system most available to the location of the customer. The primary voltage customer shall own, operate and maintain all facilities necessary to receive three phase primary voltage service and all transforma- tion facilities required for conversion to utilization voltage. The City shall own, operate and maintain all metering facilities, PAGE 35 r; tt 1 Agenda tJo.._.z~ ~C~~_... AUi,nda 1teem__..A// 5. 0 either at primary or secondary voltage, at the City's option, ~J Where the City elects to meter at secondary voltage, the secondary energy and on- peak demand charges shall apply. NET MONTHLY RATE; Primary secondary Service _Service (1) Facility Charge $60.00/30 days $25.00/30 days (2) Demand Charges: On-Peak Demand $13..00/KW $11.00/KW System Demand $ 4.00/KW $ 4.00/KW (3) Energy Charges: Non-Emergency Energy 0.20/KWH 0.54/KWH Emergency Energy 5.24/KWH 5.30/KWH (5) Energy Cost Adjustment Per Sch ECA Per Sch ECA MINIMUM BILLING The minimum monthly billing shall be the higher of the follow- ing: (1) The sum of the Customer Facility Charge, the On-Peak Demand Charge, and the System Demand chargel or (2) A charge of $1.00 per KVA of installed transformer capaci- ty. DETERMINATION OF ON-PEAK DEMAND The on-peak demand shall be determined by the KW demand f supplied by the city during the fifteen (15) minute period of maximum use during the on-peak hours as recorded by the City's demand meter and adjusted for power factor, but not less than one hundred percent (100%) of the maximum on-peak demand which occurred during the billing months of June through September in the twelve (12) months immediately preceding the current month. ETERI4INATION OF _ON-PEAK DEIMlj ID COG NE_TION Uz S NOT OPERATING AND CUSTOMER'S PEAK DID N0T r=U BUTE TO CITX_!S ANNUAL SYSTEM LE{l If a customer's cogeneration unit(s) is/are off during peak hours, and the customer's peak did not contribute to the City's annual. system peak, and the cogeneration unit is one (1) MW or larger, then the nameplate rating of the customer's unit(s) shall be deducted from tha peak demand. PAGE 36 r w ApefIda NO nur,naa Ilem__ 0110 The customer shall be charged the appropriate on-peak'dema charges for the KW supplied by the City for the succeeding twelve (12) months. DETERMINATION OF SYSTEM DEMAND The system demand shall be determined by the sum of the KW demand supplied during the fifteen (15) minute period of maximum use as recorded by the City's demand meter, plus the KW nameplate rating(s) of the customers generator(s). In no event shall the system demand be less than seventy per- cent (70%) of the maximum on-peak demand similarly determined dur- ing the billing months of June through September in the twelve (12) months immediately preceding the current month. 4 DETERMINATION OF NON-EMERGENCY ENERGY All energy supplied to customers whose generating units are less than one (1) Mw capacity. DETERMINATION OF EMERGENCY ENERGY Emergency energy is all energy supplied by the city during peak hours of operation to displace energy normally supplied by custom- er's one (1) MW or larger unit. POWER FACTOR PENAL-Ty The City reserves the right to determine the power factor of the customer's installation served during periods of maximum demand or by measurement of the average power factor for the monthly bill- ing period. If the power factor i:; below ninety percent (90%) dur- ing on-peak hours, the demand for billing purposes will be deter- mined by multiplying the uncorrected KW billing demand by 90% and ' dividing by the determined power factor. The formula is as fol- lows: Unadjusted billing deqpLild Determined power factor x .9 D FI TION-QF ON-PEAK IJOURS The City's on-peak hours, for the purpose of this rate sched- ule, are designated as being from 1:00 P.M. to 8:00 P.M. each Monday through Friday. D FINITION OF OFF-PEAK 11OU13S The City's off-peak hours, for the purpose of this rate sched- ule, shall be all hours not designated as on-peak hours. PAGE 37 i r. >si i Aganda flom._./es - - SPEMI FACILITIES A7;e All serVi.ce±s which requfrq epecial facilities ct] tc:mor's service re uirements t' in order, to meet t special facilities rider, pall pr0v.ided c;ubject to thc~ PRORA`l'ION OF UMLIT Y BILLS (a) Billing for demand shall be calculated on a 30 day per month basis and prorated for longer or ° periods using the followinj formula; shorter billing Ac ua1 days_in readin erioci 30 days x Gustot,er facility charge ar'° (b) Billing for demand shall be calculated on a 30 da month basin and prorated for longer or shorter billing periods using the following formula: Actual days in re_~ adj1_period 30 days x KW Billing Demand x Rate E JE8QY CH~RGF f Billing for energy shall be based on actual KWH consumption during the billing period. Formula: KWH in rate block x Rate per KWH in rate block HHRST NOR ENERGY DELIVERED INTO CITY____S ~+EM DURING Ott- ~E If Customer-produced energy is fed back into the City's system during on-peak hours, an amount equal to fuel cast calculated in accordance with Schedule ECA, as applicable to such energy is cred- ited month v, provided that Customer has paid the City for neces- sary added iu:raring, protective and other equipment as determined by the city. CREDIT FOR ENERGY DEI,IVEREb INTO CI'IY!S 5YSTEM_nURING k11_ HOURk If Customer-produced energy is fed back into the City's system during off-peak hour", an amount equal to $0,01241 per XWH for each KWH delivered back into the City's system) will be credited monthly, provided that customer has paid the City for, necessary added metering, protective and other equipment as determined by the city. l C PAGE 38 _i Agonda No. n 7enda Ilomxy G_ ENERGY COST ADJUSTMENT fl~1o Q A charge per KwIl of enerryl ta}!en for fuel cost calrulahed in acce"dance with Schedule ECA. PAYMENT Bills are due when rendered, and become past due if not paid within twenty (20) calendar days from date of issuance. LATE PAYMEW.0 CHARGES Bills are considered past due if not received within twenty (20) calendar days and shall be accessed a late payment charge of one and one-half percent (1.5t) per month on any unpaid balance. r l PAGE 39 04 t ti r t~r~anda Ilom__/z) .5D~ Rita SCHEDULE DL v.~ ~a2J f!6'C~?'.A.T~_t?1=_i_T!'FITItJG APPLICATION Applicable to any customer on the perimeter of the square ser- ved by the City's electric distribution system for outdoor area lighting when such lighting facilities are operated as an extension of the City's distribution system. NET MONTHLY RATE • I (1) Facility charge $3.70 (2) Energy Cost Adjustment Current ECA x Monthly Bulb Watt- age Factor, based on 415 KWH per Customer TYPE OF SERVICE The City shall furnish, install, maintain and deliver electric service to automatically controlled lighting fixtures conforming to J the City's standardre and subject to its published rules and regula- tions. The service is provided between dusk and midnight. PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. EPF,CIAL FACILIT,~ES All service which requires special facilities in order to meet the custumerts service requirements shall be provided subject to special facilities rider. PRORATION OF UTILITY BILLS , Billing for the Facility Charge shall, be based on 12 billings annually. Formula; Actual c1~s in readinq_period 30 days x Facility Charge ENFF3GY_ COST ADJUSThIFNT A charge per KWH of energy taken for fuel cost calculated in accordance with Schedule ECA. PA99 40 ,r t. t - - - - - - - - - - - - - - yl ~S C ltern___ ~ Agenda Date SCHEDULE IDR 1J~ 6z INDU~TRIAL ECONOMTC DriVF.I,OrjMF.NT RIDER w l~/i7 AV'AILASILITY This rider is available to the customers who receive service from either of City's Rate Schedules GSS or GSL. APPLICATION This rider is available to electric service supplied at any one location and measured through one meter. This is for firm electric service applicable to new customers and existing customers as de- , scribed below. (1) New customers whose electric service represents demand not previously served by the City at any location in the City's service area in the last 12 months and where such metered demand is in excess of 200 KW, (2) Existing customers served under. Rate Schedules GSS or GSL who add additional metered demand of at least 200 KW on top of their existing level of demand. This additional + load will be separately metered. j Under no circumstances may this rider be used to reduce the i current amount of other firm service billed to the customer. Dur- ing the term of this agreement, the customer may not reduce other firm service peak demand. NET _MONTHLY RATE The customer shall be charged under the appropriate applicable rate schedules with the exception that the monthly billing demand or system demand will be adjusted in accordance with the following table; Reduction to Billing Time Period Demand or System Demand First Year 50$ Second Year 40% Third Year 30 Fourth Year 20% Fifth Year 10% CONTRACT PERIOD The term of the contract will be a five-year period, PAGE 47. t w# SCHEDULE TS THERMAL STOA.AG_F. INCFtITIVE (/i1 (Eftectiv@? 1!'/UrjJ2) APPLICATION Applicable to any customer, who agrees to be on Time-of-Use rate for five (5) years and who has a thermal storage facility of a min- imum storage capacity of 500,000 BTU. THERMAL STORAGE INCENTIVE PAYMENTS First 500 KW shifted $250/KW to off-peak hours. Additional KW shifted $125/KW to off-peak hours Thermal storage incentive payments shall be made to qualifying customers based on the following methods A design shall be submitted to the Director of Electric Utili- ties for approval. The thermal storage equipment shall be checked for input electric demand (KW) and output capacity (BTU). The system shall be limited for incentive payment to a maximum of 12,000 BTU per 500 square feet for the conditioned area of the facility to be served. Upon completion, the input-output of the thermal storage units will be measured by the city of Denton. The customer may observe and verify all information and calculations for the actual size of the facility. Auxiliary equipment used to circulate fluid or air handlers which would operate under normal peak periods will not be included in calculating the KW load for incentive payments. f PAGE A2 C r. n f Agwida ltom ~J~._ ~ , SCHEDULE UPS UNINTERFLUPTIBLF, PnW 2 SUPPTY APPLICATION 4 Applicable to any customer who, by written agreement, receives service for uninterruptible power supply for a computer or other I electrical equipment. + Not applicable for resale service in any event, nor to tempo- o rary or standby service except. in conjunction with applicable rider. NET MONTHLY RATE (1) Customer. Facility Charge; { 250 W Power !3tandby Unit $ 7.55/30 days 11200 W Power Standby Unit $30.95/30 days i (2) Installation Charge $25,00 For any W Power Standby Unit other than above, the monthly customer charge will be based on the following formula: r (1) Monthly Charge; 4 5% of AnnLal Maintenance Cost PLUS 12 months 6 Annual Return of Investment PLUS 12 months 8% Interest on a 5 Year Life TYPE OF SERVICE The City shall furnish, install, maintain an automatically controlled alternating current power backup unit, conforming to the city's standards and subject to its published rules and regula- tions. PAY FN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILTTIE5 All services which require special facilities in order to meet customer's service requirements shall be provided subject to the ' special facilities rider, PAGE 43 1 4 Y. r t ~ 1l Aquads Item-, G Iwo PRORATION OF' UTILITY BILLS y9 V d (a) Billings for the Facility charge shall be based on 12 billing. annuL1.11Y. Formula: Actual days in rgading period x customer facility charge 30 days 7 .rrr' 1 I i PAGE 44 4 C ~r , n is Aannda No. Acjonda Ilem__/e,~ 67,9 R11o _._l~ SCHEDULE ECA ENERGY COST ADJUSTMENT _ (Sfrac:ive 10/07/92) i ENERGY COST ADJUSTMENT All monthly KWH charges shall be increased or decreased by an amount equal to "X" cents per KWH, to be known as the energy cost adjustment (ECA). The ECA shall be computed in the months of April and October to be applied to the following periods of May through October and November through April respectively. The City shall in no case change the energy cost adjustment more than twice in either of the six (6) months periods. The ECA shall be calculated by the following formula: ECA (winter) _ Pro ected energy cost for winter months Projected KWH sales for winter months ECA (Summer) Projected energy cost for summer monthe Projected KWH sales for summer months The above formula results in Winter 1992/93 and Summer 1993 ECA's as follows: ECA (Winter) - 1.700/KWH ECA (Summer) = 1.704/KWH In the event that actual cumulative costs of fuel, variable costs of Texas Municipal Power. Agency (TMPA) eneray and purchased energy (excluding TMPA's fixed charges) are grei-.tF;^ than or less than the cumulative ECA revenues by $1,000,000 during the fiscal year, the City may recompute the Energy Cost Adjustment and re- establish an ECA that collects or returns such difference over the remaining months of the fiscal year, such change in ECA shall be applied evenly to all remaining months' ECA. l PAGE 45 I y F A( wide Item _!_c~/"_.~zS~.._. _ (2 lip fl3le Z Z27 ~.1Z SCHEDULE APR FIPPLINCE__ R ATF c~ : Application/Program Summary w The City of Denton Utility Department is offering cash payments to customers who purchase and install high efficiency air " conditioners or heat pumps in new or existing residential or commercial facilities. The program's objective is to reduce energy demand and con- sumption, thereby saving customers dollars on their utility bills and reducing the peak load of the City of Denton's electric system. Progra-in__CuIde1ines 1. All installations must be for accounts served by the city of Denton Utility Department and must meet all applicable national, local, and manufacturers' codes and specifica- tions. 2. To qualify for a rebate, equipment must be new when in- stalled, 3. All equipment must be purchased, No leased or lease/ purchased equipment will qualify for a cash rebate, 4. Installations must be made by licensed contractors and/or dealers. 5. No rebate will be paid on a partial replacement of an air conditioner. The compressor', condenser and the evapora- tor coil must be replaced. to qualify for a rebate, 6. Payments for residential central cooling systems, which include apartments and mobile homes, will be limited to a capacity based on a minimum of 500 conditioned square feet per ton. 7. The conditiuned area in square feet is required on each residential central system request for payment, 8. The rebate will be paid to the purchaser of the qualify- ing equipment upon verification of compliance with program guidelines. 9. Requests for payment must be received by the Director of Electric Utilities within 6(d_das of installation, e~ r PAGE 46 k r. Arlanda 10. Equipment and installation are subject to inspection by~/~ lZ the City's Building Inspection Department before finaY approval for payment is issued. 11. The Appliance Rebate Program guidelines and payments are r subject to change without notice. r 12. The Appliance Rebate Program may be discontinued without prior notice at any time by the City of Denton. 1. GENERAL PROCEDURES A. Application a To determine who qualifies for a rebate, an appli- cation for rebate must be completed and sent to the Director of Electric Utilities within 60 days of installation of the equipment. Participating dealers have rebate application forms and will complete these forms for the purchaser. It is the purchaser's responsibility to see that the dealer completes the form and submits it to the Director of Electric Utilities. A. Inspections Installations of central. systems will be inspected by the City's Building Inspection Department and must be approved before rebates will be processed. C. Payments to Participants Cash payments will be made to the purchaser of the qualifying equipment. Participating retail equip- ment dealers will receive a cash payment of $20 per unit for the sale of window units, central air conditioning systems, or heat pumps to offset their cost for properly filling out the applications for purchasers, Program participants are responsible for submitting the correct information. The Utili- ty Department will not issue any additional payment unless the payment was incorrect due to a mistake in processing by a city employee. 1. The twenty dollar ($20.00) payments to dealers will be made only if they supply the qualify- ing equipment to the customer or builder who is paying for the installation of the equip- ment. Dealers and purchasers may be denied payment for failure to follow program guide- lines such as: failing to supply correct square footage or SEER/EER figuresi installing equipment which is not new; replacing part o' PAGE 47 C c T 1 ;S it Aiwdaltum__Zeiaz G a split system; or failure to f~i11 u~ ~ abate forms properly. 2. Payments; will. be made l.o cu,-60mei's who pur- chfaaseteand instaJ.l new qualifying equipment. Inant purchases and installs qualifying equipment, the payment is made to the tenant. If the owner of rental property purchases and installs qualifying equipment, the payment is made to the owner. If the purchaser of a mobile or custom home selects and pays for a e qualifying unit, the purchaser will receive the rebate. IT. CENTRAL ELECTRIC AIR CONDITIONERS AND HEAT PU14PS A. A new condensing unit with an inside evaporator r coil will qualify if matched, as specified, in the current issue of the ART Directory of Certified Air Conditioners and Air Source Heat Pumps and the unit meets the minimum ratings as specified in the 1992 l Appliance Rebate Program. If the unit is not in the 1 current ART Directory, the manufacturers' latest data approved for publication will be accepted. If the unit is not in the current ARI Directory or data approved for publication, the average of the high and low SEER/EER coil only, not including blower coil, will be accepted as listed In the current ART Directory, B. Computer simulations may be used if ratings are not listed in the current ART Directory, provided the following criteria are met; 1. Systems using mix-matched coils must meet all established program guidelines to qualify for a rebate. 2• The computer simulations must be signed, certified, and dated by a roistered nrofes- sional__11n z ineer and an officer of the company making the submittal. 3• The engineer who certifies a simulation must attest to the accuracy of the input data, the validity of the calculation procedure used, and that the results are in accordance with D,O.F, approved methodology, 4. A complete set of the input data and an indi- cation of the source of the data must accompa- ny the simulated ratings. ?AGE 48 w` 1 1 E J; pp ~~}nnda too, _..Za'"" Agtindaltem~e.r' 5. The simulated ratings must be based 0' condensing unites tested in the cu combination as liste current ARI Directory or latest data approved for publication ,Ind ident%fiq by the correct model numbers of both the condensing unit and coil as listed in the current ARI Directory. 6. Simulated ratings must as not exceed 105 of ` SEER rating of the tested system-used he base. a 7. An open file of computer simulations will be ' i maintained at the Energy Management Office. Supplying erroneous ratings or data can lead « to disqualification of hose involved from further program participation. C. Program Capacity and Payment Formula 1. The maximum allowable BTU per hour capacity eligible for a residential rebate is deter- mined by dividing the square footage of the conditioned area by 500 and multiplying by 12,000. Example: The Program capacity for a 1,500 square foot house is: 1.500 500 3.0 x 12,000 = 36,000 BTUH The City will pay a rebate an a unit that meets program efficiency standards and is sized at 36,000 BTUH or less. 2. Actual payment will be determined by dividing the BTUH of the installed unit (up to, and including the Program capacity) by 12,000 and multiplying by the incentive. The incentive amounts and SEER ratings are refer- enced on page 5 and are incorporated herein as if fully set forth at length: Example A: A person in a 11500 square foot house installs a 30,000 BTUH central air conditioner with a SEER rating of 12.0. ?,.500 500 - 3 x 12,000 = 36,000 Program Capacity PAGE 49 i r. _ f~ d Agonda Item 30.000 = 2.5 x $100/ton = 12,000 $250.000R'ebat%! Amount~~ Example B: A rezsan i.n a 2,001) square font }lous installs a 600000 BTUH central aire conditioner with a SEER rating of 12.0. t 25000 = 4 x 12,000 = 48,ooo Program Capacity 48.000 = 4 x $100/ton 12,000 = $400 Rebate Amount Example C: A person in a 21000 square foot house o installs a 60,000 BTUH central heat pump with a SEER rating of 12.0. 2504,0000 = 4 x 12,000 = 48,000 Program Capacity 48,000 = 4 x $100/ton = $400 Rebate Amount Minimum CFntr Aix Condit___ionina SEatiEER K-_ incentive rkg Single Phase (SEER) 1210 jl Three Phase (EER) 12.0 $100/ton** I~ $100/ton Central Heat Pumps Single Phase (SEER) 12.0 Three Phase (EER) 12 0 $100/top $100/ton Room Air Conditioners 10.0 $ 50/unit Roots Hea__t ~~uitlps 10.0 " $ 50/unit Geothermal Heat pumps 12.0 $500/unit * Refer to °1992 Appliance Rebate Program: Methods Used in Determining Equipment Efficiency and Eligibility" * For calculation purposes, one ton equals 12,000 BTUH PAGE 50 C ~Y ► S n A Janda Item----~~-5 SCHEDULE ACR AIR-_COND7TIOpIFR CYCLING REBATE (l/1 V -<;t ve 11voij9 } APPLICATION This schedule is available to any customer of the City of Denton Utility who is served and billed pursuant to rate schedules R-1, R-2, GSS/GSL and G1, has a central air conditioning system with a minimum connected compressor output of 2.5 tons and who agrees to permit the utility to install a control device to his or her air conditioning system. The device will enable the utility to control the operation of the air conditioner compressor during periods of the utility's peak load and emergency conditions. The utility shall have the right to interrupt service to the compressor unit for approximately seven and one-half minutes of each thirty minute interval during peak load conditions. Peak load conditions are defined as being from June I through September 30 of each year. TERMS AND CONDITIONS A customer may apply for this schedule at any time by applying 4 and entering into a contract with the City of Denton Utility. The contract shall, be for a term of one year and shall be renewable for additional one year terms. Upon approval of the application and installation of the load reduction device, the customer shall receive a monthly credit on his or her utility bill, the amount of which shall be based upon the customer's compressor output (tons). The start date for receiving credit shall be the date the load reduction device is installed on the compressor and tested for proper operation. The amount of the credit is based upon thirty (30) day billing cycle and prorated according to the start date, The amount of credit on an eligible customer's bill shall be determined in the following manner; Compressor Output in Tons Credit per Billing Cycle 2,5 to 5.0 $10.00 All over 5.0 $ 2,00 per ton Any credit on a customer's electric bill shall not exceed fifty percent (50%) of said bill. The Utility shall rebate applicable credits to customers in the months of June, July, August and September. PAGE 51 i .1 A3eno Nn. azoc ~ il(rntda Itoni_ \5 ~r SCHEDULE VLR Dilo',~ ~7 VOLUNT,F2Y LCA.D Rl?pUCTION (EPfeC'ive 10/01/92) APPLICATION This program is available demand by a minimum to customers whoagree to reduce of 100KW upon request by the Cit peak who execute contracts authorizing the city to t- Customers interru the terms and conditions set forth in the attached sampleocontracts are eligible for credits on their utility bills. BRMS AND CONDITIONS Electric utility bill incentives shall be provided as set forth in the attached sample contract agreements, Customers agreeing to reduce demand between 2;00 p.m. and '7:00 p.m. receive an incentive of twenty-four dollars ($24.00) per KW demand. Those customers agreeing to reduce demand between the hours of 3:00 p.m. and 7:00 p.m. will receive an incentive of twelve dollars demand. The customer will be charged according to the curOre t®rate schedule for the months of July, August, and September of each year. A credit shall be applied to the customer's October bill. A l PAGE 52 i v. 0,71 li I r Ager~d0 itarn_(~/S (o C (SAMPLE) G3;a l~ ~L~.=. AGREEMENT FOR J`✓~Q GzJ TEMPORARY REDUCTION IN DEMAND a !Home Rule The City cE Denton, Texas g herein by and s hereina fter !n Penton through its Executive Director of "CITY, . , calledUtilities" actin isn on inafter f~ Texa abed ncUSTOMER Rokert E, Nel and whose address IC, G ' hereby mutually agree as fol- lows 1• APPLICATION: This Agreement is pcable CUSTOMER receives service during the months aOfp'1July, Auust September, 1992, only when when service is subject to load reductions,ofna minimum of one-hundred kilowatts (100 KW tion 4 by telephone b C O ) upon two haute notifica- Y ITY S Representative, The CITY and CUSTOMER have determined the estimated loads for the months of July, August, and September CUSTOMER to be as peak follows; 1992, for Peak Demand: Service Address; 2• DEFINITIONS: The following definitions shall apply to this Agreement; Peak KW D-em - and: The actual or estimated peak KW whichever is greater, for the months of July, August, 2992, based on historical billing usage, in load equipment, g records plus estimates ofpchanges d on hetc. Maximum Demand DUrina Reduction: Customer's maximum (or peak) demand Kw that occurs during reduction(s) requested b city. Y the Demand Reduction; P~aak KW Demand less Maxi ct ion. ing Redu mum Demand Dur- Util_ id's peak Dqy: The day on which the maximum Kw demand is placed on the entire electrical system, 3. SERVICES TO BE,PERFORMFD; The City has a public inerest in reducing the system peak KW in order to maximie the of its utility system and thus ay CUSTOMER twe fic four ($29.00) dollars per KW demand ~f for tees to pay CUSTOMER twenty-four one-hundred KW (100KW a one time reduction of at least ust, an September, 1992, ) during the months of tion in CUSTOMER calculates the MaximumuEstimatted Reduce e tion shallmbed based upon measur meets taken b , an estimated KW. tive, The actual reduc- City s representa- reduction CITY paegree KW to monitor its system load and determine if a quired, CITY shall notify CUSTOMER by PAGE 53 r 1 t' I; Mjo-nda Nn, Anunda Itom__ 4 .1 telephone not later than twelve noon of required durin I)'lu ~~1/ g that day. a day if such reduction is `111est and reduce its load fU TOMER agrees to acknowledge 0 .1.acE p,I11, and 7:00 cpc:_o41t r that y between the hoursOfh re- P. ,n, 2:00 4. GENERAL BILLING INFORMATION: CUSTOMER t according to the current rate will be for the months of Jul schedule applic1abl2 9e toAthe charged be applied to y, August, and September, 9 CUSTOMER calculated as follUowsrfER'S October, 1992 , em bill credit shall Which shall be Peak KW Minimum Demand uly 4 LESS Maximum Demand Durin eduction( 29y2 Total Demand Reduction g Reduction(s) - x-~_ t KW Total Credit: x 24 DO 5- MISCE cx. Xx r whereb ~LLANEOUS: CUSTOMER is granted a One-time y CUSTOMER need not reduce demand by at least 100 exemption peak KW demand. However. ~ from its occurs on the same , if the CUSTOMER's one-time exemption becomes void and sha date as the ll terminate limm Y'ediatel Peak Day, this contract fails, when requested, to reduce its y' If the CUSTOMER more than one occasion, this peak demand more then 100 KW on terminate immediately without fur Are be thermnotiCe co fies void and shall 6. TER Y the city. This Agreement is in effect for the period beginning July 1, 1992 and ending at midnight, September 30, EXECUTED this 1992, -`,day of 1992. CUSTOMER CITY OF DENTON, TEXAS (Namc~ j BY: - R. F. NELS ON Add'racs , EXECUTI_VE - DIRECTOR OF UTILITIES Clly/5- i(c/c/71p C'od- do Tclcphonc Numbcr -i - Acc-ann~ NU--m- her APPROVED AS TO J,EGAI. FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY We-1cr (Vurnhcr Conlrrcl Pccvon BY; PAGE 54 0 I i % e' . F, Agenda 11am_/0._1 (SAMPLE) l !J ~Z AGREEMENT FOR TEMPORARY REDUCTION IN DEMAND The City of Denton, Texas, a Nome Rule City situated in Denton County, Texas, hereinafter called "CITY," acting herein by and through its Executive Director of Utilities, Robert E. Nelson and whose address is , hereinafter called "CUSTOMER," hereby mutually agree as follows: 1. APPLICATION: This Agreement is applicable only when CUSTOMER receives service during the months of July, August, and September, 1992, when service is subject to load reductions of a minimum of one-hundred kilowatts (100 KW) upon two hours notifica- tion by telephone by CITY'S Representative. ° The CITY and CUSTOMER have determined the estimated peak loads for the months of July, August, and September, 1992, for CUS- TOMER to be as follows:' Peak Demand: KW Service Address: 2. DEFINITIONS: The following definitions shall apply to this Agreement: Peak KW Demand: The actual or estimated peak KW usage, whichever is greater, for the months of July, August, and September, 1992, based on historical billing records plus estimates of changes in load, equipment, etc. Maximum Demand During Reduction: Customer's maximum (or peak) demand KW that occurs during reduction(s) requested by the city, Demand Reduction: Peak KW Demand less Maximum Demand During Reduction. Utilities Peak Day: The day on which the maximum KW demand , is placed on the entire electrical system. 3. SERVICES TO BE PERFORMED: The City has a public interest in reducing the system peak KW in order to maximize the efficiency of its utility system and thus, agrees to pay CUSTOMER twelve ($12.00) dollars per KW demand for a one time reduction of at least one-hundred KW (100KW) during the months of July, August, and September, 1992. CUSTOMER calculates the Maximum Estimated Reduc- tion in Demand to be an esti.mated _ KW. The actual reduc- tion shall be based upon measurements taken by City's representa- tive. CITY agrees to monitor its system load and determine if a reduction in peak KW is required. CITY shall notify CUSTOMER by PAGE 55 l~ I M ^1 ti It i Agotldo Itont_.._(/k. _ telephone not later than twelve noon of a day if such reduction isz /,f, required during that day. CUSTOMER agrees to acknowledge such w request and reduce its load for that day between the hours of 3:00 o'clock p,m, and 7:00 o'clock p.m. 44 GENERAL BILLING INFORMATTON: CUSTOMER will be charged according to the current rate schedule applicable to the CUSTOMER for the months of July, August, and September, 1992. A credit shall ` be applied to CUSTOMER'S October, 1992 bill, which shall be calculated as follows: Peak KW Minimum Demand July-September, 1992 _ KW LESS Maximum Demand During Reduction(s) ( xx 3 KW Total Demand Reduction -X]KW f I X 12.00 Total Credit: ~xx.xx 5. MISCELLANEOUS: CUSTOMER is granted a one-time exemption whereby CUSTOMER need not reduce demand by at least 100 KW from its peak KIN demand. However, if the CUSTOMER's one-time exemption occurs on the same date as the utility's Peak Day, this contract I becomes void and shall terminate immediately. If the CUSTOMER fails, when requested, to reduce its peak demand more than 100 KW on more than one occasion, this Agreement becomes void and shall terminate immediately without further notice by the City. 6. TERM: This Agreement is in effect for the period beginning July 1, 1992 and ending at midnight, September 30, 1992. EXECUTED this day of , 1992. CUSTOMER CITY OF DENTON, TEXAS BY: (Name) R. E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES Address City/Stale/Zlp CudcA-- I _ i Telephone Number APPROVED AS TO LEGAI4 FORM: Account F'umber DEBRA A. DRAYOVITCH, CITY ATTORNEY i Ivfctcr Number Contact Person BY:,M PAGE 56 y x r _ '.d `G p 1 ~y A rWo~1Ja tJa. Arjonda Itom_/O--- SECTION II. That the Executive Director cf Utilities is ie by authorized to execute agreements with electric utility customers in the form and tvpe set forth herein as an attachment to Schedule VLR. SECTION 111. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That the Schedule of Rates herein adopted shall be 4 effective, charged and applied to all energy consumption occurring on or after October 7, 1992. 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 A BY: PAGE 5'7 C ~t• n 1 t; 'CITY COUNCIL oo°°°°oa°uo p~~00O q - arao~°°~o I., Njonda No. 7-LI CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager SUBJECT: CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICE; ADDING A NEW ADOPT-A-SPOT RATE SCHEDULE; DELETING THE I NTRA -GOVERNMENTAL WATER SERVICE NOT CONNECTED TO SEWER RATE SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: Recommend approval of the wate!• Rate Ordinance. BACKGROUND: The City Council was briefed on the fiscal year 1993 water rate study results on September 29, 1992. The staff discussed the proposed rate changes by customer class and presented sample bill comparisons using the current and proposed rates. For the residential customer, the proposed rate increase is applied to the first rate block (0-15,000 gallon consumption). One new rate was proposed for fiscal year 1993. An Adopt-A- Spot rate supports the Keep Denton Beautiful Board program whereby community organizations or citizens volunteer to landscape and water small areas of city property. Changes were also proposed in the existing Government Sprinkler Irrigation rate to provide for service on an interruptible basis at a lower volume rate. An overall 5.9% rate increase is proposed for fiscal year 1993. BLIMMARY: The Public Utilities Board, aL their meeting of September 91 1992, recommended to the City Council approval of the proposed t 11~1 09 City Council Agenda Item Page 2 Water Rate Ordinance. The City Council reviewed the proposed water rates at the September 29, 1992 work session, and concurred with the Water Rate Ordinance as recommended by the Public Utilities Board. FISCAL SUMMARY: The 5.90% increase in fiscal year 1993 water rates will , produce total revenues of $12,893,438. An average residential customer would see approximately a $1.75 increase in their monthly water bill. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Wholesale Water Customers, Denton Municipal Utilities, General Government, Customer Service, Legal Department, Public Utilities Board, and City Council. i Res ec ully sub i ted, yd Harr' 1 City Manager Pr pared by )1 ward Martin, Dir.( Env. Op./Fin. Admin. Apr ~ed ley, R. E. Nelson, Exec. Dir. Department of Utilities Exhibit: I. Water Rate Ordinance II. Minutes of Public Utilities Board Meeting 9/9/92 i; r WATRATEx Agenda Item, po l y ORDINANCE NO, AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICE; ADDING A NEW ADOPT-A-SPOT RATE SCHEDULE; DELETING THE INTRA- GOVERNMENTAL WATER SERVICE 140T CONNECTED TO SEWER RATE SCHEDULE; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION I. That the Rate Schedules for water service as pro- vided for in Chapter 26 of the Code of Ordinances, are amended to read as follows: WATER RATE SCHEDUL98 WR Residential Water Service PA2 WRN Residential Water Service Not Connected to Sewer 2 WC Commercial/Industrial Water Service Rate 6 WCN Commercial/Industrial Water. Service Not 6 Connected to Sewer WGI Local Government Sprinkler Irrigation Rate 8 WWI Water Sale for Resale to Municipal corporations, ]O Water Districts & Other Governmental Entities By Agreements Prior to June 1, 1986 WW2 Water Sales for Resale to Municipal Corporations, 12 Water Districts & other Governmental Entities By Agreements After ,June 1, 1986 WG Intra-Governmental Sales of Finished 13 14 WGA Local-Governmental Water Service for Adopt-a-Spot 1 6 WGU Intra-Governmental Sales of Untreated Water WFH Metered Water from Fire Hydrant 18 WRE Outside Cor oratiol^ 20 Limits WCE Outside Corporation Limits Commerciall&WIndustrialce 21 Water Service Water Tap and Loop 23 Special Facilities Rider 27 '1 2 (l h ;t i Ninlida No. SCHEDULE WR RESIDF,NTIAL WATER SERVICE d (Effective 10/7/921 I APPLICATION Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four units. Not applicable to resale, temporary, standby, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Days 3/4" Meter $ 8.80 1" Meter $10.50 1-1/211 Meter $15.00 2" Meter $16.75 (2) Volume Charge Rate Per 1,000 Gallons RATE BLOCK WINTER SUMM'E13 Billing months of Billing months of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.40 $2.40 15,001-30,000 gals $2.40 $3.35 ' Over 30,000 gals $2.40 $4.20 MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PAGE 2 - ~I s: Artonde lteni__S__ PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual days in reading uerio- x customer charge 30 days VOLUME CHARGX Y Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula Ar. Gallons in rate block x RATE ex' 1,000 1000 gallons p gallons in rate block ' I PAGE 3 ~r t w li rte, 1i nnd,i No, tur Agenda Item!P,S Nlu SCHEDULE WRN RESIDENTIAL WATER SERVICE NOT CONNECTED TO 'IEWER - [Effective 10/7/92) APPLICATION f Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four units, where the metered water is not returned to the wastewater system for collection and treatment, i.e. lawn sprinkler or septic system. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. NET MONTHLY RATE (1) Facility Charge Billing Per 30 Da s 3/411 Meter $ 8.80 1" Meter $10.50 1-1/211 Meter $15.00 211 Meter $16.75 (2) Volume Charge Rate Per _1,000 Gallons WINTER SUMMER Billing months of Billing mcnths of NOV. through APRIL MAY through OCT. 0-15,000 gals $2.40 $2.40 15,001-30,000 gals $2.40 $3.35 Over 30,000 gals $2,40 $4,20 MINIMUM BILx,ING: Facility Charge PMMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance, f PAGE 4 I ~ t i, Ajonda No. Afenda Item_/es SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall. be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually, Formula: Actual. days in reading period x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons in Rate Block x RATE per 1,000 Gallons in Rate Block 1,000 `r A I PAGE 5 v r Ajnndn No, Apeada Itetri__~~•S l Dale f SCHEDULE WC t COMMERCIAL!INDUSTRIAL SEATER SERVICE RATE [Effective 10/7/92] i i APPLIQITJO ! Applicable to all commercial and industrial users, or other water users not otherwise classified under thin ordinance, for all water provided at one point of delivery and measured through one meter-. Not applicable to resale service in any event, nor to temporary, stand- by, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Billinn _per 30 pays 3/4" Meter $ 18,45 1" Meter $ 20.25 1-1/2" Meter $ 23.50 2" Meter $ 28.85 3" Meter $ 60.00 4" Meter $110.00 6" Meter $140.00 8" Meter $165.00 (2) Volume Charge $2.65 per, 1000 gallons MINIMUM BILLING; Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FAC ITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider, PAGE 6 .J M Aomtla,Vo. D- (mo 9~ i PRORATION OF FACILITY CHARGE I Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual davs_in reading period 30 days x customer charge 4 VOLUME CHARGE Billing for the water consumption shall be based on the consumption during the billing period. Formula: Gallons consumption 1,000 x late per. 1,000 gallons I 1 1 PACE 7 'i Njonda No. Agendaitem._ io ~ t3/ SCHEDULE WCN COMMERCIAL/INDUSTRIAL WATER SERVICE i NOT CONNECTED TO SEWER [Effective 20/7/92] APPLICATION I Applicable to all commercial and industrial users, or other water users not otherwise classified under this ordinance. For all water provided at one point of delivery and measured through one meter where the metered water is not returned to the wastewater system for collection and treatment, i.e, water used in production or irriga- tion or where wastewater flow is measured separately. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. NET MONTHLY RATE (1) Facility Charge Billing___Per_ 30 Days 3/4" Meter $ 18.45 1" Meter $ 20.25 1-1/211 Meter $ 23,50 2" Meter $ 28.85 311 Meter $ 60.00 411 Meter $210.00 6" Meter $140.00 811 Meter $165.00 (2) Volume Charge $2.65 per 1,000 gallons MINIMUM BILLING; Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. "P CIAL.FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. RAGE 8 l lj r~ o' f t• Apnnda No. Agenda Item_4~ 0/// AjIo PRORATION OF FACILITY CHARGES Billing for the Facility Charge shall be based on 12 billings annually, t Formula: AcLUal days iii_reading--p erioci 30 days x customer charge I VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons consumption 1,000 x Rate per 1,000 gallons i l~ PAGE; 9 \ i ti aparrtla Pia ~~~vZ " ~ 3/ ac~onda Ilen~•,~..~',_,~,,,~ w. SCHEDULE WGI LOCAL GO EER14MF,NT BPRINKLFR._ IRRIGATIO,_ N RATE [Effective 10/7/921 ti APPLICATION I i Applicable to sales of finished water for irrigation purposes to all local accounts supplied at ore point of delivery and measured through one meter. Water will be provided on a non-interruptible basis or on an as availabie basis, interruptible as needed to meet peak requin,i- ments. Not applicable to resale service in any event, nor to temporary, stand- by, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge E3illinq Per 30 Des (A) Meter Chafe 3/4" Meter $ 13.60 i" Meter $ 15.05 1-1/2" Meter $ 1£3.65 2" Meter 3" Meter $ 23.65 4" Meter $ 52.75 6" Meter $ 92.65 8" Meter $116.65 $].36.25 (2) Volume Charse Interruptible $2.20 per 1,000 gallons Non-.interruptible $2.60 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance, SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider, PAGE; 10 C i' 1 Nooda No. !X110 114~ d i SCHEDULE WGI LOCAI, GOVERNMENT SPRINKLER IRRIGATION RATE [Effective 10/7/921 APPLICATION Applicable to sales of finished water for irrigation purposes to all local accounts supplied at one point of delivery and measured through one meter. Water will be provided on a non-interruptible basis or on an as available basis, interruptible as needed to meet peak require- ments. Not applicable to resale service in any event, nor to temporary, stand- by, or supplementary service except in conjunction with applicable rider. NET MONTHLY RATE (1) Facility Charge Bi11in ._g Per 3U Dates (A) Meter Charq _e 3/4" Meter $ 13.60 1" Meter $ 15.05 1-1/2" Meter $ 18.65 2" Meter $ 23.65 3" Meter $ 52.75 4" Meter $ 92.65 6" Meter 8" Meter. $116.65 $.136.?.5 (2) Volume Charge Interruptible $2.20 per 1,000 gallons Non-interruptible $2.60 per 1,000 gallons MINTMl1M BILLING; Facility charge PAYMENT Hills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILI`rIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PAGE 10 a~ c s; i1 j e NoI:tla Nn, Aganda Item Oalo _Ld r~~~ PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual dam in_ reading erioci 30 x Facility Charge I VOLUME CHARGE a Billing for the water consumption shall be based on the gallon consumption to be charged during the billing period. Formulat Gallons Consumption 1,000 x Rate per 1,000 gallons PAGE 11 { ` t 1 panda pro. ltam_~ Agenda SCHEDULE WWI WATER SALE FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES BY AGREEMENT EFFECTIVE PRIOR TO JUNE 1. 1986 [Effective 10-7-92) APPLTCAT'_ON Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made prior to June 1, 1986, I for the purpose of providing water for resale to the public. Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider-. s MONTHLY CHARGES (1) Facility Charge $155.00 (2) Volume Rate $ 0.95 per 1,000 gallons I (3) Demand Rate X231.04 pe121,000 aal.lons 1 *ANNUA[. CHARGE (4) Readiness to Serve Rate $ 0.4862 per 1,000 gallons *As determined in the last mont:i of each Contractual Water. Year. The annual charge, if any, shall be included on the monthly bill- ing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accor- dance with the monthly billing provided for below. PAYMENT Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Bills are considered delin- quent if not paid by the twenty-fifth (25th) day of the month. There shall be a five percent (5%) or five hundred dollar ($500.00) charge, whichever is less, added to the bill if not paid by the twenty-fifth (25th) of the month. PAGE 12 , A110ndd FAO, ._.7~ ~ A Agonda Itom-_~~ Ilal.-l/Jr SCHEDULE WW2 WATER SALES FOR RESALE TO MUNICIPAL CORPORATIONS, WATER DISTRICTS, AND OTHER GOVERNMENTAL ENTITIES E3Y_AGREEMENT, AFTER JUNES 1986 [Effective 10/07/92] APPLICATION Applicable to all water sales contracts with municipal corporations, water districts, or governmental entities made on or after June 1, 1986, for the purpose of providing water for resale to the public. + Not applicable for temporary, standby, or supplementary service except in conjunction with applicable rider. MONTHLY CHARGES (1) Facility Charge $170.00 (2) Volume Rate $ 0.95 p-ar 1,000 gallons (J) Demand Rate $328.08 per 1,000 gallons 12 *ANNUAL CHARGE (4) Readiness to Serve Rate $ 0.4862 per 1,000 gallons *As determined in the last month of each Contractual Water Year. The annual charge, if any, shall be included on the monthly bill- ing for the next July following the end of the Water Year for which it is charged, and shall be billed and be payable in accor- dance with the monthly billing provided for below. PAYMENT Denton shall render bills on the tenth (10th) day of each month. Bills shall be due and payable when rendered. Bills are considered delin- quent if not paid by the twenty-fifth (25th) day of thr month. There shall be a five percent (5<) or five hundred dollar ($500,00) charge, whichever is less, added to the bill if not paid brr the twenty-fifth (25th) of the month. If not paid by th,~ last day of the month, there shall be an additional interest charged oj, the unpaid balance, equal to the auction average rate quoted on a bank discount basis for a twenty- six (26) week treasury biil issued by the United states government, as published by the Federal Reserve, for the week prior to the date such bill or bills are delinquent, or ten percent (100:), whichever is less. PAGE 13 +a r i` Di 10 A~ SCHEDULE WG 114T12A-GOVERNMENTAL SA14ES OF FINISHED -WATER (Effective 10/7/92) c APPLICATION Applicable to sales of finished water to all City of Denton Departments aAd accounts supplied at one point of delivery and measured through one meter. a ~ Not applicable to resale service in any event, nor to temporary, stand by, or supplementary service except in conjunction with applicable rider. NET. MONTHLY RATE (1) Facility Charge Bi_lliny_ Per 30 Des 3/4" Meter $ 13.60 1" Meter $ 15.05 1-1/2" Meter $ 18.65 2" Meter $ 23.65 3" Meter $ 52.75 4" Meter $ 92,65 6" Meter $1.16.65 8" Meter $136.25 (2) Volume Charge $2.60 per 1,000 gallons MINIMUM BILLING: Facility Charge PAYMENT Hills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet custom- er's service requirements shall be provided subject to the special facilities rider. PAGE 14 C~ w i i i~ 1 Agonde / 7'a,< PROR LION OF__FACIOITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual des in reading period i 30 days x Facility Charge VOT &n_ECHARGE 0 Billing for the water consumption shall be based on the gallon consumption during the billing period. Formulat Gallons Consumption 10000 x Rate per 1,000 gallons PAGE 15 C v. { ii 1 Agenda Item-/?.5 4~ H SCHEDULE WGA LOCAL GOVERNMENT SaATER SERVICE OR °ADUPT-A-S=OT" [Effective 10/7/92] 4 APPLICATION Applicable to sales of finished water to all local government ac- counts supplied at one point of delivery and measured through one r 3/4 inch meter with a quick coupler and hose bib for the Keep Denton Beautiful Board's Adopt-A-Spot program. Not applicable to resale service in any event, nor to temporary, standby, or supplementary service except in conjunction with appli- cable rider. ET ANNUAL MATE (1) Facility Charge Pei Billing 3/4" Meter $ 8.80 l" Meter $7.0.50 16 1/2" Meter $15.00 2" Meter $16.75 (2) Volume Charge $2.60 per 1,000 Gallons _"INIMUM BILLING: Facility Charge PAYMENT Bills are due when renlered, and become past due if not paid within 15 calendar days from date of issuance. ECI E"ACILI'i'~.~5 4 All services which requir.o special facilities in order to meet custom- er's service requirements shalt be provided sub;ect to the spacial facilities rider. LA-MLITY CHARGE: Billing for the Facility Charge shall be based on three billings annually in the months of October, April and July. PAGE 16 A~rittla tau. ~1~ ~Q Anendaltem-,./ -s. E VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula; Gallons Consumption x Rate per 1,000 gallons G 1,000 i PAGE 17 Y i r. 1 Agenda Item_. SCHEDULE WGU lJ , INTR_k _GOVERNNF_NTA.L SALES OF UNTREATED [JATLR [Effective 10/7/92] APPLICATION Applicable to all City of Denton Departments and accounts for untreated water supplied at one point of delivery and measured through one meter. r Not applicable for resale except in conjunction with applicable rider. 9 ET MONT-[_iLY RATE (1) Facility Charge $142,00 per 70 day,3 (2) Volume Charge $ 1.40 per 1,000 gailons MINIMUM BILLING Facility Charge PAYMENT Bills are due whsn rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACT II, L.TES All services which require spacial facilities in order to meet custom- er's service requirements shall be provided subject: to the special facilities rider. PRORATIO 1.OF _i?KILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually, Formulae Ac ual days iflre. ;ing__pe_r_iod x customer charge 30 days PAGE ].S C,Y r, a P anlla No. AP - ' C"VY1V VOLUME CHARGE Billing for the water consumption shall be based on the gallon consumption during the billing period. Formula: Gallons Consum ti911 x Rate per 1,000 gallons 1,000 ' I _ I 0 f Pi. ,F" 19 r~ `v v . f' I, 1 Agnnda NO p ~ r r SCHEDULE WFH Q 1 ~ M TEPF:D_WATr;R FJJ M EIRE H [)RANF [Effective 10/7/92] J APPL. CATION 0 Applicable for all water taken through a fire hydrant or other di- rect distribution line source at one location for private or commer cial use not associated with fire fighting. DEPOSa( $650.00 sue' User shall place a deposit for each use of each of the City's hy- drant meter(s) needed. Deposit to be returned when meter is re- turned and final bill is paid. NFT MATE Volume Charge: $2.65 per 1,000 gallons Monthly volume shall be computed by subtracting the beginning meter reading from the ending meter reading divided by 1,000, and multiplied tlmFrs thra volume charge, upon the monthly return of the meter to the Water Department for reading. fAQLIATX CHARGE $10.00 per 10 days INSTAT,J ZLL ON CfiIRGF $50,00 per meter per installation P.~.~',~fEAT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance, C PAGE 20 S 't i . end a Nil --"te"a'-. Agenda Item 23 S~_.- SCHEDULE WRF, OUTSIDE COFPORATIi LIt4I`rS F~_F,SIDENTIAL WATER SERVICE (Effective 10/7/921 &p_RLIGATION Applicable for single family residential service, anal individually j metered four cn nits or mol)ile outsidehtheryc corporate limits of the iCity With Denton. NET +IONTHLY RAIL, (1) Facility Chargo hi-11JDg_Per_30 Days 3/4" Meter $11.15 1l' Meter $12.25 1-1/211 Meter $16.70 2" Meter $20.00 (2 ) Volume Charge Rat-q_ Per 000 Gall?rms.'. E R S M' R Billing months Billing .months Nov, through APRIL MAY through OCT. 0-15,000 gals $2.95 $2.95 15,001-30,000 gals $2.95 $4.00 Over 30,000 gals $2.91 $5.00 aLNIMUm_BuLIN9 Facility Charge. pMMF' T a Bills are due when rendered, and },pcome past due if not paid within 1,5 calendar, days from date of issuance. SkEG?A1-j_fLQILITIES All services which require special facilik.ie- in order to meet customer's service requirements shall be pr.ovi,led subject to the special facilit' ~.s irler. PACE 22 c r, Njond.i No. Agonde Item. PRO ATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formulas Art:ua days in redfnq__p~riucl x customer charge 30 days 1 VOLUMR --11HAI2_G..E a Billing for the water consumption shall be based on the gallon consumption during the billing period, Formula: Goons in Rat.e_819ck x Rate per 1,000 Gallons in Rate 1,000 Block r k PAGE 22 r I1 nc~onda Item ~S _ . SCHEDULE WCE OUTSIDE CORPORATE LIMITS COMMERCIAL & INDUSTRIAL (Effective 10/7/92) APPLICATION Applicable for all commercial and industrial users or other users not otherwise classified under this ordinance outside of the cor- porate limits of the City of Denton for all water service provided at one point of delivery and measured through one meter. ' 4 Not applicable to temporary, standby or supplementary service, except in Conjunction with applicable rider. NET MONTHLY RATE (1) Facility charge B1,11incq Per -!_2Da e 3/41' Meter $ 18.55 1" Meter $ 20,50 1-1/21' Meter $ 25.95 2" Meter $ 29.50 3" Meter $ 87,90 4" Meter $147.40 6" Pieter $188.90 81' Meter $214.05 (2) Volume Charge $3.15 per, 1,000 gallons 1INIMUM BIulNO: Facility Charge PAYMENT Bills are due when rendered, and become past due if not paid within 15 calendar days from date of .issuance. A SR,ECI, AL WjL TIC. All services which require special facilities in order to meet customer's service requirements sha).J. be provided subject to the special facilities rider, PAGE; 23 I Ea N,~CMoi No. AC,onda Gn h Ilein S Wto PIRORATION OF FACILITY CHARGE Billing for the Facility charge shall be based on 12 billings annually. Formulas t Actual d~7y~ in readinc_period x customer charge 30 days VOLUME CHARGE Billing for the water consumption shall be based on the gallon j consumption during the billing period, Formulas Gallons Cc SLI-Mption x Race per 1,000 gallons 1,000 1 i PAGE 24 C w Yy : c 1 ~tnntld Nd ,q v~~ ~ Agenda Ifoivf,.S ~7~ 3J WATER TAP AND LOOP FEES (Effective ).0/07/92] APPLICATION y This schedule applies to the installation, removal, or relocation of water taps and loops by the City of Denton Utility department at the request of a person, firm, association or corporation. I TAP AND LGOP_FEI S Any person, association of persons, or corporation that requests that a water main tap, water meter loop, be removed, installed, or relocated by the Utility Department shall pay in advance to the Utility Department the following applicable fees; ._r WATER TA11!j TH LOOP Size of Tap_and Meter Payed Street Un aved Street 3/4 inch $ 785.00 $ 400,00 1 inch $ 835.00 $ 435.00 1 1/2 inch $1,060.00 $ 700,00 2 inch $1,185,00 $785.00 4JATL;R TAPS wrritou'P I,OOp Size of T~1~ end Meter Pa-vgc Street r IJna_ed Street 2 inch $ 810.00 $ 400,00 44A'1'ER 7UOP5 Size of Look 3/4 inch $ 235.00 1 Inch 1 1/2 inch $ 275'00 $ 400,00 di-LV 'sR RN_LOCATf IONS pile of Tap apd,..Meter Iielocation_of_10 Felt or Less 3/4 inch $ 50,00 1 inch $ 75,00 1 1/2 inch $ 75,00 2 ihch $ 100,00 PACE. 25 I ~ 4 x 1 Agp.ncla No. -z.:6L)31Z AptcodaItom_%~~ _ FEES FOR INSTALLATION NOT.. LIFTED For installation of a tap or loop for which a fee is not specified, the requester shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administration charge of 20%, Upon completion of the installation ~ or similar work requested, the applicant shall be billed at actual cost, as determined by the Utility Department, plus a 20$ administrative charge, Any Excess deposit shall be refunded to thQ applicant. I The installation charges may be waivod by the Utility department for a request to install taps exclusively dedicated to fire sprinkler systems. I PAGE 2G I ~t r [A[ f~ a~ tv i f~jomla No.. - - SPECIAL FACILITIES RIDER All service shall be offered from available facilities, If a customer service characteristic requires facilities and devices which are not normally and readily available at the location at which the customer requests service, then the City shall provide the service subject to paragraph 2 of this schedule. The total cost of all facilities required to meet the customer's load characteristics which are incurred by the City shall be subject to a special contract entered into between the city and the custom•- er. This contract shall be signed by both parties prior to the City providing service to the customer. e 5 • 1 1 C PAGE 27 C 6C V r. 's S ii Agenda Itero~ ~ SFCTIOt~II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances 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 Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That the Schedule of [fates herein adopted shall be effective, charged and applied to all water consumption occuLing on or after October 7, 1992. PASSED AND APPROVED this the day of 1992, ~ j BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY HY : PAGE 28 I S~ C 5 } Y. " f L nn,"nda P)n 7_~ Eganda No. n~onda Item__ /M v// ---Agenda Rom IWO Dale _ .2- EXCERPT PUBLIC UTILITY BOARD MINUTES September 91 1992 9. CONSIDER APPROVAL OF PROPOSED WATER RATES. Martin reviewed these rates, adviriing that the study recommends a 5.98 across-the-board increase. This results in the following rate increaser: Residential, 6.118, Commercial, 6.09%; Government, 9.95%; Corinth, 0.768; and LCMUA, 2.588, a There is ar, "Adopt-a-Spot" rate developed to encourage residents to help in the city beautification efforts, in addition, a "Local Government Irrigation Rate" was developed at a reduced cost of $2.20/1000 gallons based on an interruptible service. Motions Coplen made a motion to accept the water rate increase as recommend. Second by Giese. Discussions None i Votes All ayes, no nays, motion carried. k C. 4 4 /e n L~' T 1 -i. I - a - - - - - - - - - - - - - - - - - - - TIT: 7 7 • f_ 1 C~U~CIL - - - - - - - - - - - - - - - - - cJ v T X, `~aQ r ° s e i0~0~ E- • Q~~100 (iG : . T-IT l 7 i l' I ~y i.;a!e October 6, 1992 CITY COUNCIL AUENDA ITEM ' 1 TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROMi Lloyd Harrell, City Manager ` SUBJECTi CONSIDER APPROVAL OF AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WASTEWATER SERVICE; ADDING A NEW COMMERCIAL/ INDUSTRIAL WASTEWATER SERVICE TO USERS WITHOUT CITY OF DENTON WATER SERVICE (SCN), RESIDENTIAL WASTEWATER SERVICE TO USERS OUTSIDE OF DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (SRW), AND COMMERCIAL/ INDUSTRIAL WASTEWATER SERVICE OUTSIDE THE CITY OF DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER SERVICE (SCW) RATE SCHEDULES; DELETING THE RESIDEN'T'IAL WASTEWATER SERVICE TO USERS OUTSIDE OF DENTON CORPORATE LIMITS (SRW) RATE SCHEDULES; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: Recommend approval of Wastewater Rate Ordinance. BACKGROUND: The City Council was briefed on the fiscal year 1993 wastewater rate 8tLdy results on September 29, 1992. The staff discussed the proposed rare changes by individual customer class and presented sample bill comparisons of residential and commercial customers at the old and now proposed rates. No changes were made to the fiscal year 1993 wastewater rates ^a proposed. Ba, d on the rest is of the !;ost of service study and rate design, an overa. 11.00% rato increase is proposed for fiscal year. 1993. SUMMARY: The Public Utilities Board, at their meeting of September 9, 1992, recommended to the City Council approval of the proposed Wastewater Rite Ordinance. The City Council reviewed the proposed wastewater rates at the September 29, 1992 work session and concurred with the Wastewater. Rate ordinance as recommended by the I'ubllc Utilities Board. t Y l! P nLendaftem_,%S (litu City Council Agenda Item 141 G Page 2 c FISCAL SUMMARY: The 14.00% increase in fiscal year 1.993 wastewater rates will produce estimated total revenues of $7,313,262. An average residentiril customer woi0 d see approximately a $2.15 increase in their monthly wastewater bill. ` PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Wholesale Customer Cities, Denton' Municipal Utilities, General Government, Customer Service, Legal Department, Public Utilities Board, and City council. i Recipe ully subm t.ted, L1.y Harrell City Manager Prepared by, Howard Martin, Dir. Env. Op./Fin. I.dmin. Approved by, R. E. Njllean, EFAec. Dir, Department of Utilities Exhibit; I, Minutes Public Utilities Board Meeting of 9/9/92 II, Proposed Wastewater Rate Ordinance r 'rl Apenda No. 335 Agenda 11onn EXCERPT PUBLIC UTILITY HOARD MINUTES September 9, 1992 10. CONSIDER APPROVAL OF PROPOSED WASTEWATER RATESr Martin noted that Board asked staff to hold the wastewater rate increase to 104 this year and no more than 158 next year. This was the driving force that behind the recognition that, 4 when looking ax the projected balance sheet, such a rate structure would require a $400,000 to $500,000 cut,, the release of five to six full time employees and three to four temporary employees. Nelson noted that staff presented to this information to the City Council, and Council then looked at a 12.38 increase, However, upon further review, it was noted that the difference between a 12.5% increase and a 158 increase amounted to 50; per customer. 't'herefore, Council has directed staff to bring back to the hoard a recommendation for a 158 increase for this year. Martin advised the Board that what was distributed in tha Agenda packet was all based on a 108 increased he directed the Board's attention to the handouts distributed prior to the meeting which are based on a proposed 15% increase as directed by the Council. Based on an overall rate increase an proposed, Martin reviewed with the Board tho following customer class rate increasest 14.818 for Residential)'15.608, Commercial 18.348, Eating Placesi 18.758, Equipment Services 15.688, Government; and a decrease in Wholesale of 12.48,. Motions Following substantial discussion, Coplen recommended to the City Council acceptance of the proposed rate structure. Second f by Clark, Voter i All 'ayes, no nays. Motion Carried. I k ALL00361 Agenda Item__ ORDINANCE P.O. AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WASTEWATER SERVICE; ADDING A NEW COMMERCIAL/ INDUSTRIAL WASTEWATER SERVICE TO USERS WITHOUT CITY OF DENTON WATER SERVICE (SCN) RATE SCHEDULE, A RESI- DENTIAL WASTEWATER SERVICE TO USERS OUTSIDE OF DENTON CORPORATE LIMITS WITH CITY OF OENTON WATER SERVICE (SRW) RATE SCHEDULE, AND A COMMERCIAL/ INDUSTRIAL WASTEWATER SERVICE OUTSIDE; TI'HE CITY OF DENTON CORPORATE LIMITS WITH CITY OF DENTON WATER .;ERVICE (SCW) RATE SCHEDULE; DELETING THE RATE SCHEDULE FOR RESIDENTIAL WASTE- WATER SERVICE TO USERS OUTSIDE OF DENTON CORPORATE LIMITS (SRW) RATE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS. S&:CTION I. That the Rate Schedules for wastewater service as provided for in Chapter 25 of the Code of Ordinances, are amended to read as follows. WASTEWATER RATE SCHEDULES EAG-E SR Residential Wastewater Service 3 SC Regular Commercial Industrial Wastewater Service 5 SEP Restaurants & Food Service Wa€tewater Service 7 SES Equipment Services Wastewater Service 10 SPT Commeroial/Industrial Pretreatment Wastewater Services 12 SCD commercial/Industrial Wastewater Service with Dedicated Water Meters 14 SSC Wholesalo Wastewater Treatment Service for a h Governmental Agency, Divisir)n or Subdivision 16 SG Intr.agovernmental Wastewater Service 18 SGE S&).e of Treated Wastewater Effluent to Municipal Utility Customers 20 SM Metered Wastewater Inside/Outside Corporate Limits 21 SRW Residential Wastewater Service to Users Outside of Denton Corporate Limits with City of Denton Water Service 23 SRN Residential Wastewater Service to Users without City of Denton Water Service 25 PPP SCN Commercial/Industrial Wastewater Service to Users Without City of Denton Water Service 27 c 11 1 UNPINIVEMPM 7 yi d /via nda Na, Ationdu ftem.~f~ s,~ IM0 SCW Commercial/Industrial Wastewater Service Outside the City of Denton Corporate Limits with city of Denton Water Serv.ica 29 Wastewater Tap Fees 31 Special Facilities Rider 32 i i Page 2 S Y A 4t Ajoiida No, Agenda item 11318 SCHBDULB OR R_F.Si~ENTIltI, WASTCWAmF,_R SERVICEvJJ (Effective 10/7/92] APPLICATION 1 Applicable for single family residential service, and individually metered apartments or mobile homes or multi-family facilities with less than four (4) units. Not applicable for sub-billing or other utility billing by service user in any event, N_F1Z._MONTHLY RAVE (1) Facility Charge $5,00/30 days s" (2) volume charge $1.90/1,000 gallon effluent Monthly billings shall be calculated by using ninety-eight percent (98$) of water consumption for the month as determined herein, up to a maximum of thirty thousand (30,000) gallons. For the months of December through February, actual water consumption shall be used in making the calculations. For the months of March through November, the average monthly rate of water consumption for the preceding months of December through February shall be used in ' making the calculations, if the customer did not have water service for those prior months, the actual water consumption for the months March through November or 10,000 gallons, whichever is less, shall be used. MINIMUM BILLING Facility Charge $5.00/30 days PAYMENT Bills art) due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPEE!21A FACrLY'T?ES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. Billing for the Facility charge shall be based on 12 billings annually. Page 3 r I f .'41 kwd,l No Agenda item_ ,S C.~ z - Formula: Ackual dzy_s n rFaciinr-pp io3 30 days x customer charge VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Average water volume-x ,98 x Rate per 11000 gallons 1000 c C Page d 'J l y AnontlAltem-2te r- sCHEDQLE SC QtiMFR.CIAL AND INDUTF2i1~L WA S_T.EWATER~SE1?!/.T.Cr; [Effacact!.vr. 101'7/92] _REGULAR COJRjERCI L APPLICATIIO'N t Applicable to all commercial and industrial wastewater service or SCNulisted ohereinrwise classified users and under SEP,tSES1,1 SPT,t SCD a SM service NET MONLH_LX RATZ (1) Facility Charge $13.00/30 days (2) Volumo Charge $2.45/1,000 gallon effluent 1 ! Billing based on eighty (80%) percent of monthly water consumption. SAMPLING/A N LYS S CHARG_E Sampling charge (each) $35.00 J Analysis charge (per test) $15.00 0 R 1A AND INDUSTRIAL SURC~G In addition to the above charge for commercial and ind+.istrial service, there will be added to the net monthly rte an industrial surcharge based on the following formula; I Cu=Vu ([Bu-250] B + [Su-250] S]) t Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 250 mg/l, whichever is greater. B the unit 1,000 ($0,00183) for gallons. treat- ing one unit of BOD Su is the test.ea SS level for user X or 250 mg/le whichever Is greater. S the uunit c of t SS factor per 1,000 0 gallons.i tr.sat- ing one MINIMUM BXLLIMG $13.00/30 days Page 5 F 1 T !4 r A' 1 AaoOd No. Agondaitem~~~~ -x- MMEN liZls are due when rendered, and become past due if not paid within 13 calendar days from clat~a of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customers service requirements shall be provided subject to the special facilities rider. PRORATION OF FACT ITY C}c1RGF a Billings for the Facility Charge shall be based on 12 billings annually, Formula; Act al a s n reading period 30 days x customer charge VOLOS CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Slater volume x 8 1000 x Rate per 1,000 gallons I{r A I f C Page G e r. ks e A(iqiida Ayondaltom._!E~`~ _Z- BCHEDUI,E 88P , / ~✓a~ R TA[I~2~~7T § F~~ _ 5~?RV~} ~F~__4J.}1S ~WATF2 $FF2V~CF [Efactive 10/7/92] APPLICATION Applicable to all restaurants and food service operations which prepare and serve food directly to customers and are categorized by Standard Industrial Code Numbers 5812 or 5813. NET MONTHLY RA'iB t (1) Facility Charge $13.00/30 days (2) Volume charge $3.40/1,000 gallon effluent Billing based on eighty (80%) percent of monthly water consumption. SAMPLIN/ANAL.YSIS CHARGE Sampling charge $35.00/each Analysis Charge $15.00/test SEP EXEMPTIONS (1) Customers under the SEP rate shall be charged the SC rate if only pre-wrapped and pre-processed foods are nerved from their premises and no food processing is performed on the premises so that only minimal organic material is discharcred to the sanitary sewer. The exemption for the SEil class shall be determined by the City of Denton Envi.runmental Health Services Food Inspection Division. (2) Customers: under the SEP rates shall be charged the SC rate plus the applicable industrial surcharge if the customers ' (a) Installs a wastewater sampling manhole on the sanitary sewer discharge line; (b) Agrees to pay for the City to sample and analyze, quarterly, the wastewater discharge for the fol- lowing; Biochemical Oxygen Demand (BOD), Total Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the actual costs; and (c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of. 500 mg/1 of BOD and 550 TSS as determined by the monitoring performed in Section 2(b). c Page 7 e Y. i4 < k Nir,nda No. Agondaltom__& [Mo MINIt UM BILLING $13.00/30 days iNDUS'rRIAL SURCEIARGN The industrial surcharge calculation that; applies to equipment services claiming the SEP exemption shall be based on the following formula: Cu.=Vu ((Bu-500) B + [Su-550] S]) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 500x'^ mg/l, whichever is greater. B is they unit cost factor ($0.00183) for treat- 1 ing one unit of BOD per 1,000 gallons. Su is the tested SS level for user. X or 550 mg/l., whichever is greater. S is the unit cost factor ($0.00227) for treat- ing one unit of SS per 1,000 gallons. PAXMENT Bills are due when rendered, and became pant due if not paid within 15 calendar days from date of ,issuance. SPECIAL FACILITIES All services which require spocial facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. A PROkZJ OF FAQ M CHAGE Billings for the Facility Charge shall be based on .12 billings annually. Formula; ctuab_days in rgAdin .pe_rto_d 30 days x customer charge v_cZr.UML_'_Q_ _8GE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Page 8 i t d. Agenda Iti Formula: Water>>olUm~ ).UOO r. Rate per 1, 0(10 gallons t 4 1 r I Page 9 y r. P "E i AgDade (f0E11_ /-eS SCHEDULE SES (k'!° •-1.4 EQUTPMEI4T SERVT! ES. WASTESOATFR SF.RVT 'Y~ [Effective 10/7/921 APPL C TIUN Applicablo to establishments which perform washing, cleaning or servicing of automobiles, trucks, busses or similar equipment and are categorized by standard Industrial Code Numbers 5541, 7549 or 7542. NET ONTHLLY RATE (1) Facility charge $13.00/30 days i` b (2) Volume Charges $3.40/1,000 gallon effluent Billing based on eighty (80W) percent of monthly water consumption. 9AMPLING LYSIS CHM~a I (1) Sampling Charge $35.00/each (2) Analysis Charge $15.00/test f DES EZ{MTIQNS 1 I Customers under the SES rates shall be charged the SC rate plus the applicable industrial surcharge if the customer: (a) Installs a wastewater sampling manhole on the sanitary sewer discharge line; (b) Agrees to pay for the city to sample and analyze, quarterly, the wastewater discharge for the following: Biochemical Oxygen Demand (BCD), Total Suspended Solids (TSS), and Fats, Oils and Grease (FOG), based on the ` actual costs; and (c) Agrees to pay, based on the industrial surcharge formula, a surcharge on all wastewater discharged that is in excess of 500 mg/1 of BCD and 600 TSS as deter- mined by the monitoring performed in paragraph 2(b) of this section. $13.00/30 days ?1iQU ~?'8.~~. SURC G~ The industrial surcharge calculation that applic,a to equipment / services claiming the SES exemption shall. be based on the fallowing formula: I Page 10 t` 1 ' t~ fl 1 f h~onda ftem. ~<S ~ ..7_a Cu-Vu ([Bu-500) B + (Su-6001 S)) Air" Where: Cu. is the surcharge for user X. Q Vu is the billing volume per. 1000 gallon; for user X. Bu is the tested BOD level for user X or 500 mg/l, whichever is greater. B is the unit cost factor treat- ($0.00183) for one unit of BOD per 1,000 gallons. Su is the tested SS level for user X or 600 mg/1, whichever is greater. =F S is the unit cost factor ($0.00227) for treat- ing one unit of SS per 1,000 gallons, PYMN Bills are due when rendered, and become past due if not paid -within 15 calendar days from date of issuance. All services which require special facilities in order to meet customer's vervice requirements shall be provided subject to the special facilities rider. PRORA,tnIO OF FACILITY CHARGE Billings for the Facility Charge shalt be based on 12 billings annually. Formula: -Actual cia-s 30 in redinape to x customer charge days VOLUME BANX Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water. __vilIqALe_ x I- 1000 x Rate per 1,000 gallons Page 11 II 6 ri A[)enda ltam.lK Nto SCHEDULE OPT CrMMERCI7IL INDUSTRI..I, PRETREATMENT WASTE{DATER SERVICES (Effearive 10-7-)2j APPLICATIQN Applicable to all major commercial and industrial customers subject to EPA Pretreatment criteria or such other commercial and industri- al customers that, have the probability of discharging extra strength wastewater or which may have substances in their wastewat- er which are listed on EPA's categorical pollutant list. NET MONTHLY CHI{ (1) Facility Charge $13,00/30 days i (2) Pretreatment/Program Charge a. Categorical $320.50/30 days b. Noncategorical $ 37.00/30 days ~ (3) Volume Charge $2.45/1,000 gallon effluent (4) Surcharge $0,00183/mg/l of BOD $0.00227/mg/l of TSS 1 Billing shall be based on 80% of water consumption or 1001 actual 1 metered wastewater, ' ' ~~333~~N~1~SIS CHARGE Sampling charge (each) $35.00 Analysis charge (per test) $15.00 IJNDUSTRKL_ SUCHA G.F4 in addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the followirig formula: Cu=Vu ((BU-250) B + (Su-250) S)) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested SOD level for user X or 250 mg/1., whichever is greater, B is the unit cost factor ($0.00183) for treat- ing one unit of SOD per 1,000 gallons. 1 / Page 12 i {j i Ahandnltein_/ S.r Rite Su is the tested SS level for user X or 250 mg/1,/6 whichever is greater, o S iG the unit cost factor ($0.00227) for treat- ing one unit of SS per 1,000 gallons, t 141NIKUM BILLINQ $333.50/30 days Categorical 50.00/30 days Non-Categorical PAYMENT a , Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirementv shall be provided subject to the special facilities rider. PRORATION OOF FACILITY CHARGE & Pt~ETREAT 1~EN~pROGRAM C}~GE Billings for the Facility Charge and pretreatment/program charge r shall be based on 12 billings annually. Formulas bgtual days J reading period x customer charge 30 ciays yOLUME C ARQR Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formulas A WaftQK_vo~ o ,8 x Rate per 1,000 gallons 10 or x Rate er 1,000 1,000 p gallons ` Page 13 :w r Ago+zda No. --,7,-" A;Innda Item. SCHEDULE BCD la+!A ,„_l4 ~,2i / 4-1! 35 COMMEj2rTAL~T~DSJ5TRL--WASTFWATE$-SFRVICF WITH l/ f~SUZCNITD WAPER LIF_Fk n (Effective 10/7%92) APPLIC7ITION o I able to all Applicand to all wastewater commercial serv.ic users industrial not otherwise classifi d Under s ordinanc whose wastewater is measured dedicateditow ter which is returned into he wastewater collection and treatment system. Not applicable for sub-billing or other utility billing by service user in any event. + NET MONTH? ATE 1 (1) Facility Charge Billing Per 30 bays 3/4" Meter $ 28.45 1" Meter $ 20,25 1-1/2" Meter $ 23.50 2" Meter $ 28.85 3" Meter $ 60.00 41' Meter $110.00 b" Meter $140.00 811 Meter $165.00 (2) Volume charge $2.45/1,000 gallon effluent (3) Surcharge $0.00183/mg/l of BOD $0.00227/mg/1 of SS Billing based on ninety-eight (98$) percent of monthly water flow, EAMPL DANA .ycrs_ CHARGE Sampling Charge (each) $35,00 Analysis Charge (per tot) $15.00 INDUS'I'RI"L~, 7>LgCURgE in addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula; Cu=Vu ((BU-250] B + fSu-2501 Sj) Where; Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Page 14 r' kpflda No, Agenda ROM_-/ Su is the tested BOD level for user X or 250 mg/1, whichever is greater.. B is the unit cost factor ($0.00183) for treat- ing one unit of BOD per 1,000 gallons. Su is the tested SS level for user X or 250 mg/l, whichever is greater. S is the unit cost factor ($0,00227) for treat- t ing one unit of SS per 1,000 gallons. MINIMUM BILLING $18,45/30 days o PAYMENT Bills are due when rendered, and become past due if not paid within, 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formula; Actual days in reading nerio-c x customer charge 30 days VOLUME CHARGE { Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume X .98 x Rate per 1,000 gallons 1000 Page 15 C i r r. T-, a +o,icla Pdn. 2 V D, 3/ SCHEDULE 8817 i SJIiOLFSALE WASTEWATER TREATMENT SERVICE FOR A GOVERNMENTAL, :a~GNCY, UI'/Io uN JR_ SUE1D'LVIS''IOPI (Effective PPL CATIM Applicable to any municipal corporation, or other i governmentLAI agency or subdivision which operates a wastewater collection system and contracts with the City of Denton for wastewater treatment service. NBTNETMONTNLYIj r i (1) Facility charge $75.00/30 days (2) Volume Charge $1.85/11000 effluent gallon of (3) Surcharge $0.00183/mg/1 of BOD $0.00227/mg/1 of TSS Billing shall be based on one-hundred (100%) percent of actual gallons measured. MINX I BIL TNG { $75.00/30 days I DUSjBjAL SURCHA"G In addition to the above charge for commercial strial, there will be added to the net monthly rate an indu t and based on the following formula: alnsurcharge Cu=Vu ([Bu-250] B + (SU-2501 S]) Where: Cu _s the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 250 mg/l, whic;-;e,ver is greater. B in the unit cost factor ($0,00183) for treat- inq one unit of BOD per 11000 gallons. Su is the tested SS level for user X or 250 mg/l, whichever. is greater. S is the unit cost factor ($0.00227) for treat- ing one unit of SS per 1,000 gallons, Page 16 ii I AUnnd~ a Ifem PAYMENT 4 'tills are due when rendered, and become Past due if not 13 Qdlendar days' ays from date of issuanc4. paid w.i thin SPECIAL FACILITIES All services which require special facilities in order to custumsrfs service requirements shall be provided subject to the special facilities rider. meet 4 RO TION OF FA .Ir,Imy CHA-- G - Billing Billing for the Facility charge shall be based on 12 billings annually. Formula: I n readina nAr, , a su days x customer charge _VS)LUME c?unnr_~ Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: to t~r~yme x Rate per 1, 000 gallons 1000 xF-E& E UAT The charges stated herein shall be applied to all wastewater services provided on or after October 7, 1992, I , I C Page 17 ' a AgandAltbm __!a Z µ SCHEDULE 80 TtTTRP~-GOVFRNMETTTATa WA ~TESJATER SFRl L (Effective gr, APkLICA'1'IUN Applicable to all City of Denton Departments and agencies for all was'-ewater service. v 7 N T ,A9NTHLY RITE 1 (1) Facility Charge $13.00/30 days (2) Volume charge $2.15/1,000 gallon effluent (3) Surcharge $0.00183/mg/1 of BOO $0.00227/mg/l of TSS J1~ Billing shall be based on eighty (80%) percent of water consump- tion. INDUSTRIAL SURCHARrF In addition to the above charge for commercial, and industrial, there will be added to the net monthly rate an industrial surcharge based on the following formula: Cu=VU ((BU-250] B + (Su-250) S)) Where: Cu is the surcharge for user X. Vu is the billi,',- volumF per 1000 gallons ;`or user X. Bu is the tested SOD level for user. X or 250 mg/1, whichever is greater. B is the unit coat factor ($0.00183) for treat- ing one unit of BOO per 1,000 gallons. Su is the tested SS level for user X or 250 mg/1, whichever is greater. I S is the unit cost factor ($0.00227) for treat- ing one unit of. SS per 1,000 gallons. T_~TNIMUM SILT. INC, $13.00/30 days Page 18 i Ll r. r! ?i Agenda (tom 4.5 Z. _ [silo .~f4 W,n2i_ PAYMENT B"L11f are due when rendered, and become past due if not paid within 15 calendar days from ciate of issuanca. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the i special facilities rider. PRORATION OF FACILITY CHARGE Billing for the Facility Charge shall be based on 12 billings annually. Formula: Actual day -in reading period 30 days x customer charge VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: Water volume 8 1000 x Rate per ) gallons Page 19 i r, 4 I. 11 1 Agenda Ironj_.& 6 -Z7 SCHBDULS M: v7 3 ~S SALL OF TREATED WASTEWATER EFFLUENT TO _ MUN~C_LP.~A;__,U'PT~I`L'y C_h'ApL~;RS ~Effectlve 10/7/92) APPLICATION r Applicable on sales of treated wastewater effluent to any municipal utility. Not available for resale in any event. NET MONTHLY RATE (1) Facility Charge $100.00/30 days (2) Volume Charge $1.10/1,000 gallon effluent MINIMUM S Li TJNG $100.00/30 days pAXKM Bills are due when rendered, and become past dui: if not paid within 15 calendar days from date of issuance. SPE ALE ILTTIES All services which require special facilities in order to meet customers service requirements shall be provided subject to the special facilities rider. RR0RATION-QE-FACILI7,IY CHAR" Billing for the Facility Charge shall be based on 12 billings an- nually and shall be prorated based on the following formula: Formula: A_c ua - 30 d-a s x in read inc pgriUd x customer charge Y VQLLJME CHARGF~ I Billing for the wastewater volume shall be based on the effluent volume calculated during the billing period. Formula : Eff1u1n t v(~Jume_ x Rate per 1,000 gallons 000 f` Page 20 r °It A~mlrida'Jo. c-P t}ale - w ` F2 SCHEDULE SM METEF}D 4VA5TF_S9ATFR ItiST~F OUTSIDE cORPC1RATE~T.,ZMZTS (EffecLive 1C/7/92j t APPLICATION Applicable to any wastewater service costumer desiring to meter all wastewater discharge from a single customer location and not r otherwise classified under this ordinance. NET MONTHLY RATE (Inside Corporate (Outside Limits) Cozyorate Limits (1) Facility Charge $161.00/30 days $195.00/30 days (2) Volume Charge $2.45/1,000 gals $2.85/1000 gals discharge discharge (3) Sur-,harge $0,00183/mg/1 of 8OD $0.00227/mg/l of SS S tP Jt G ALYSIS CH GB Sampling charge (each) Analysis charge (per test) $15,00 INDUSTRIAL SURCHARGg In addition to the above charge, thorn will be added to the net monthly rata for commercial and industrial, an industrial surcharge based on the following formula: Cu--Vu ((BU-2507 B + (SU-250) S7) Where: Cu is the surcharge for user X. Vu in the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user Y'. or 250 mg/.l, whichever Is greater. B is the unit cost factor ($0.001.83) for treat- ing ane unit of F30D per 1,000 gallons. Su is the tested SS level for user X or 250 mg/1, whichever is greater. S ($0.00227) is the unit cost factor for treat- C ing one unit of SS per 1,000 gallons, Page 21 ti 4 , L~ i d nrantlaltam_ [Vu MINIMUM BILLING (Within Corporate (Outside c~?16 I- _Limits _ or o to Limits).~ $161.00/30 days $195.00/30 days L"AYMENT 4 Hills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance, SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF FACILITX CHARGE Billing for the Facility Charge shall be based on 12 billings an- nually. Formula: Actual days in .readina_perio~ x customer charge 30 days VOLUME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period, Formula: Wastewater volume- x Rate per 1,000 gallons 1000 Page 22 y Y, !j r A!rundn Icon) s 4.. ACHEDUL$ SR1I -~rt- ~Co Q~ RESIpF;rITI?sI, WASTESVATFR SERVICE TO tJaERS 3 S- OUTSIDE CITY OI' I UNION CORPO RAU I,ITIITS 'MITI! CITY OF EN ON ATE~2 SSERVIC (Effective 10%7/921 t PP ICA4'ION Applicable for single feimily residential sewer customers individu- ally metered apartments or mobile homes or multi-family facilities with less than four 4 " the City of Denton and units receivingf wathe e mits of Denton. ter ofromathel City of i NET MONTHLY RATE (1) Facility Charge $6,40/30 days I (2) Volume Charge $2,50/1,000 gallon effluent Monthly billings shall be calculated by using ninety-eight percent (98$) of water consumption for the month as determined herein, up to a maximum of thirty thousand (30,000) gallons. For the months of December through February, actual water consumption shall be used. For the months of March through November, the average monthly rate of water consumption or the s of December through February shall be used, if theccustomero did not have water service for those prior months, the actual water consumption for the months March through November or 10,000 gallons, whichever is lass, shall be used. m I BILLING $6.40/30 days RAYMENT Bills are due when rendered, and become past du~j if not paid within 15 calendar days from date of issuance. SPECIAL FACrrrm FS All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider, 1'RORA'~I,Ot,~OF F CI ITY C RCS Billing for the Facility charge shall be based on 12 billings an- nually arid shall be prorated based on the following formula: t, Page 23 1? !ir Afjnnda No. _ ~ D l A( leildAilsm!S _ 4.. - Imo -A) Formula: c? ,fL/ Actual j y_ itl readlna period x customer charge o 30 clays VOLt7ME CHARGE Billing for the wastewater volume shall be based on the wastewater volume calculated during the billing period. Formula: ° Average water volume x 98 x Rate per 1,000 gallons 1000 I 4~ Page 24 1 e Aaoilda No. Aponda Item .S l L SCHEDULE SRN RESTDENTT.AL WASTEWATER SERVICE TO USERS WITHOUT CImY OF DF~NTOt /ArLR _.`,F.[t`;ICC (Effective 10/7/92) APPLICATION Applicable for single family residential service and individually metered apartments or mobile homes or multi-family facilities with less that four (4) units, without City of Denton water service. f NET MONTHLY RATE (Inside Corporate (Outside Corporate ` Limits) Limits) (1) Facility Charge $5.00/30 days $6.40/30 days (2) Volume Charge $1.9011,000 gals $2.50/1,000 gals Minimum volume charge will be for three thousand (3,000) gallons per month. MINIM BILLING (a) $10.70 Per 30 Days per resident unit inside city limits (b) $13.90 Per 30 days per resident unit outside city limits P ENS Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FAQ LI ITIES All cervices which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. P 0 ION OF UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based on the following formula: Formula: Actual days _J;1 rea 1,ng oeriod x customer charge 30 days Billing for the wastewater volume shall, be based on wastewater volume calculated during the billing period. Page 25 c V r, No. gantlallnm_ ~1,10 _...._L~_ ~l~ SCHEDULE SRK 0~1 RESIDENTT.A1, WASTEWATER SFRVICC TO USERS WITHOUT C11Y OF DEINT0l1 P1111'ER SFFtsI1CT (Effective 10%7/92] APPLICATION Applicable for single family residential serv:,je and individually ' metered apartments or mobile homes or multi-family facilities with less that four (4) units, without City of Denton water service. NEI MONTHLY RATE (Inside Corporate (outside Corporate ° Limits) Limits) (1) Facility Charge $5.00/30 clays $6.40/30 days (2) Volume Charge $1.90/1,000 gals $2.50/1,000 gals Minimum volume charge will be for three thousand (3,000) gallons per month. MINIMUM BILLING i (a) $10.70 Per 30 Days per resident unit inside City limits (b) $13.90 Per 30 days per resident unit outside City limits PAYMENT I Bilks are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. SPECIAL FACILITIES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORATION OF UTILITY BILLS ' Billing for the Facility charge shall be based on 12 billings annually and shall be prorated based on the following formula: Formula: Actual d4y s in reading period x customer charge 30 days Billing for the wastewater volume shall be based on wastewater volume calculated during the billing period. Page 25 c. E s r, - - 1. v i c RI ry yl 1 JJ / d Nwa da NO .....j/~~j . Ar~arlda Vtnm.._~Tt~~-_ Formula: &veraag grater volume~c x Rate Per 1,000 gallons 1,000 I 1 Page 26 ti :S I Al~andp ilnm_ a~.., SCHEDULE scN COMMERCIAL/INDUSTRIAL WASTEWATER SERVICE TO USERS WITHOUT - CI'i'Y OF DEN'I'Otl WATER SGR/IC [Effective 10/7/92] UPLIC-TI ON Applicable to all commercial/industrial facilities not also receiving metered water service from the City of Denton, including sub-divisions, for apartments, mobile home parks, or other com- mercial/industrial users. The monthly charge for apartments and mobile home parks shall be based on the maximum number of units served during the month. other commercial/ industrial users will be billed on a case by cage basis. NET MONTHLY RAT F. Inside Corporate Outside Corpo- Limits rate I_ imr$ (1) Facility Charge $ 13.00/30 days $14.40/30 days (2) Volume Charge $ 2,'.5/1,000 gals $2.85/1,000 gals Minimum volume charge will be for three thousand (3,000) gallons per month. SAMPLINGNAI0_Y3IS CHARGE sampling Charge $35.00/each Analysis Charge $15.00/test; INDUSTRIAL sV C ,gRGE In addition to the above charge, there will be added to the net monthly rate for commercial and industrial, an industrial surcharge based on the following formula; Cu=Vu I (I.HU-250) H + (Su-250) s) ~I Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Du is the tested DOD level for user X or 250 mg/1, whichever is greater H is the unit cost factor ($0.00183) for treating one unity of HOD per 2,000 gallons Su is the tested SS level for user X or 250 mg/l, whichever is greater / c, Page 27 Y ~I t+ Atwflda Itom,_~~5, ~z" 4 Dale S ($0.00227) is the unit cost factor for treating one.?/ unit of SS per 11000 gallons, t4a:'LIMCIM ~TILI,~I(,~' (a) $20.35 per 30 days per unit inside the City limits. (b) $22.95 per 30 days per unit outside the City limits. PAYMEN Bills are due when rendered, and become past due if not paid within 15 calendar days from date of issuance. o I SPECIAL FACILIh'TES All services which require special facilities in order to meet customer's service requirements shall be provided subject to the special facilities rider. PRORA. ION OF_UTILITY BILLS Billing for the Facility Charge shall be based on 12 billings annually and shall be prorated based upon the following formul*t: Formula: ,Act_yal days. tD. readincr -period 30 days x customer charge Billing for the wastewater volume shall be based on the wastewater vc)l.ume calculated during the billing period. Formula: Ca~.cu_.~ted was ewer volume 1,000 x Rate per 1,000 gallons I Page 28 4 ti. 1 d Now)a No, Agautlaltom__/ BCHEDULE 8CN C' bI*frRCTAL/INDUSTRIAT. WASTEWATFR SER7TCE UI~'C51f~F' CITY OF' DENTON COMORATP f I'ifI'PS WITH CITY OF 2EN ONTt ONTt WATER SERVICE 14 [Ef£ectIve 10/7/921 APPL~ ICTION 1 Applicable to all commercial., industrial or any other facility not ? otherwise covered under this o.dinance outside the corporate limits of the City of Denton and receiving water and wastewater service from the City of Denton. MT XO__HQL RRAU (1) Facility Charge $14.40/30 days (2) Volume Charge $2.85/1,000 gallon effluent (3) Surcharge $0.00183/mg/l of BOD $0.00227/mg/l of SS Billing based on eighty (80$) percent of monthly water consumption. SMAMPLING/ANALYSTS CH U Sampling charge (each) $35.00 Analysis charge (per test) $15,00 f INDUS'RI L SQRCHARGE F In addition to the above charge for commercial and industrial, there will be added to the net monthly rate an industr.ia2 surcharge based on the following formula: Cu=VU ([BU-2501 B + (SU-•250) Sl) Where: Cu is the surcharge for user X. Vu is the billing volume per 1000 gallons for user X. Bu is the tested BOD level for user X or 250 ! mg/l, whichever is greater, B is the unit cost factor ($0.001.83) for treat- ing one unit BOD per 1,000 gallons, su is the tested SS leve: for user X or 250 mg/l, whichever is greater. S is the unit cost factor ing one unit of SS per 1$000 01271 for treat- gal3ons. ~c Page 29 r, 73 ,r i Ajei?04 No.. A.r er~da Itdm_/~.5 TNT U f_ BILLI IG tMo 3,3 $1:.40/30 days l/ U YMENT Bills are due when rendered, and becomF, Past calendar days from date of. issuance, due if not paid within SPECIAL FACILITIES All services which require special facilities in order .it custo.merts service requirements shall be provide:t subjctttomthe special facilities rider. P 0 TION OF_ FACILITY C_. }[~S Billing for the Facility charge shall be basert on 12 billings] annually and shall be prorated based on the following formula: Formula: ctua da s In r-;dina period 30 days x customer charge VOLUME CNA4QE Billing for the wastewater volume ohall be based on the wastewater volume calculated during the W.11ing Period. Formula: Wmts r volume X .8 1,000 x Rate per t,ooo gallons Page 30 5 l IWO 11 STEWAT R TAP FEES si/ MfeCtivo 10/07/93) i APPLICATI.QN This schedule applies to the installation, removal, or relocation of wastewater taps by the City of Denton Utility A department at the request of a person, firm, association or corporation. TAP FEES Any person, association of persons, or corporation that requests that a wastewater main tap be removed, installed, or relocated by the Utility department shall pay in advance to the Utility department the following applicable fees; WAST~ BWATER TAPS_ Ft C EANnnm S ze of Tam ed S reet Unpaved Street 40 inch $710.00 $335.00 Inch 735.00 8 inch 775.00 360.00 10 inch 835.00 400.00 435.00 FEES FOR INSTAL , ,TT{O~f_S NOT I,I EA For installation of a tap for which a fee is not specified, the requestor shall pay in advance a deposit based upon the estimated cost of such installation, or similar work, plus an administration charge of 20$. Upon completion of the i,notallation or similar work requested, the customer shall be billed at actual cost, as determined by the Utility department, plus a ?.0W admin- istrative charge. Any excess deposit shall be refunded tri the customer. c Page 31 F w---~R~ r- - r T _ I r M AgentlDItnm_1~~Sw §PECIAL FACILITIEB__RIDLR ~~5 (1) All service shall be offered from available facilities. Tf ' a customer service characteristic requires facilities and devices which are not normally and readily available at the location which the customer requests service, then the City shall provide the service subject to paragraph 2 of this c schedule. (2) The total cost of all facilities reburied to meet the customer's load characteristics; which are incurred by the City shall be subject to a special contract entered into between the Utility and the customer. This contract shall be signed by both parties prior to 'the City providing service to the customer. S gQTION II. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to { any person or circumstances is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the city Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III, That the Schedule of Rates herein adopted shall be effective, charged and applied to all wastewater service accruing on or after October 7, 1992. PASSED AND APPROVED this day of 1992. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS ATTEST: GENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: Page 32 1 ~.1 CITY COUNCIL - s O Q O ~ o or a D I V 000~~p oo, 0 q p G V c o G:- O s , q O~OO~ r o M S E +''°p _ 0 °0°aaooccaoo°°° Oco~er,._6~_. 19 92 VLF eA (v CITY COUNCIS. AGENDA ITEM O TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd Harrell, City Manager I RE: CONSIDER APPROVAL OF ORDINANCES OF THE CITY OF DENTON: , 1) ESTABLISHING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. 2) ESTAB11SHXNG RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE FOR THE DISPOSAL OF TIRES AND "SPECIAL WASTE" AS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON; ESTABLISHING REQUIREMENTS FOR ACCEPTANCE OF TIRES AT THE LANDFILL; AND PROVIDING FOR AN EFFECTIVE DATE. RECOMMENDATION: Recommend approval of the Solid Waste Ordinances. BACKGROUND: The City Council was briefed on two fiscal year 1993 Solid ' Waste Rate changes on September 29, 1992. The Residential/Commercial Sanitation Collection Services Ordinance provides for a $0.35 rate increase for residential customers from $9.95 to $10.30 per 30 days, The State of Texas surcharge imposed on all solid waste received at the landfill is being passed on to both residential and commercial customers in the form of a 3.5% charge identified as a separate item of the bill, The "Special Waste/Tire Disposal" ordinance establishes charges for the disposal of tires and "special waste" at the City Landfill. The charges for dispo:3a1 of truck tires was increased from $2.00 to $4,00 per tire. A new charge of $6.50 per cubic yard for "special wastoll disposal has been established to cover the additional cost of handling certain types of wastF, such as animal cf4rcasses and pesticide containers, Y Oilki /C~ ' 9•Z EXCERPT PUBLIC UTILITY BOARD MINUTES September 9, 1992 • The following two items were considered together: 11. CONSIDER APPROVAL OF AN ORDINANCE ESTABLISHING RATES FOR RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES. 4 12. CONSIDER APPROVAL OF AN ORDINANCE ESTABLISHING RATES FOR USE OF THE CITY'S SANITARY LANDFILL. Nelson intrjduced this item. Angelo then explained that r residential rates are recommended to increase 3.58, plus an additional 350 per customer due to the state landfill surcharge. Commercial rates will also increase 3.58 due to State landfill surcharge) it is proposed to leave the landfill's rates the same, with the exception of adding $2 to cover tiros, also a state-mandal.ed fee, plus going to a $4 special waste handling fee since this is such a labor intensive procedure. Laney made a motion to recommend to the City Council approval of these two rate adjustment recommendations. Second by Coplen. All ayes, no nays, motion carried. 1 I ~i c I b i ii J r Nondi No. I Type of Rent O Container Per 30 Days SGrMice Charge 4 20 cubic yard compactor $115.50 5.40 per cubic yard 25 cubic yard compactor 115.50 5.40 per cubic yard 30 cubic yard compactor 157.50 5.40 per cubic 42 cubic yard compactor 176.40 yard j 5.40 per cubic yard { An additional 3.5% charge will be assessed to compensate for ° the State of Texas Surcharge for Solid Waste received at Landfills, A delivery fee of $50.00 per con~.ainer will be charged to all new customers for opcn top containers and compactors. .e ACTION Iir- That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of f 1992. BOB CASTLEBERRY,MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: DEBRA A. D,RAYOVITCH, CITY ATTORNEY BY: PAGE 2 c x Agenda Item SUMMARY: The Public Utilities Board at their meeting of September 9, 1992, recommended to the City Council approval of the proposod Solid Waste ordinances. The City Council reviewed the proposed solid waste rates at the September 29, 1992, work session and concurred Solid Waste Rate ordinances as recommended by the Public Utilities Board. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Denton Municipal Utilities, General Government, Customer Service, Legal Department, Public Utilities Board and City Council, Respectfully submitted, L1 d Harrell, City Manager i i Prepared by: f Y Gr'C fir' Howard Mart 61 Director_ Env. Op./Fin. Adm. j` Approved by: R. E. Nelson, Exec. Dir. Department of Utilities 1 Exhibits: I, Special Waste/Tire Disposal Ordinance II. Residential./Conmercial Sanitation Collection Services Ordinance III. Minutes of Public Utilities Board Meeting 9/9/92 c a' 4 , f AAAOOD4D kondaNo. __~~-O✓i ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RESI- DENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICESTAS AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON PROVIDING FOR AN EFFECTIVE DATE. r AND a THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEC_T' 0 I. That the charges for residential garbage collection services as authorized by Section 24-42(b) of Article II of Chapter 24 of the Code of ordinances is hereby established in the amount of Ten Dollars and 30/100 ($10,30) for each individual family unit for each thirty (30) day period. In addition, each unit shall be assessed a fee of thirty-five cents (350) for each 30 day period, which is intended to compensate for the state of Texas statutory surcharge for landfills accepting solid waste. 15 E 92 N_ That the charges for commercial and institutional garbage collection services, established in accordance with Section 24-66 of. Article III of Chapter 24 of the Code of ordinances, shall hereafter be: A. DUMPSTERS Cubic. Yards Rate Per Collected P__~_er weed Cubtc_YArd Per Wee 1-3 4-u $5.93 7-10 6.92 11-25 6.66 26-50 6.52 51-100 6.47 101-125 6.29 126-150 5.02 151-175 5.43 176 or, more 5.65 5.47 B. OPEN TOP CONTAINERS AND COMPACTORS Type of Rent comer tpf er pQr-34--12-a'ls' Service Chgrge 20 cubic yard open top 30 Cubic $39.53 $5.40 per cubic yard open top 52.50 5 40 yard 40 cubic yard open top 57.75 5 per cubic yard 12 cubic yard compactor 57.15 . 40 per cubic yard 15 cubic yard compactor 59.25 5.40 per cubic yard 5.40 per cubic yard ti . r 1 kienda ftom_. L Type of Rent 1 Conti a` i ner p r 3 0 D ~--_D.'s S©ryce Ch ae 20 cubic yard compactor $115,50 25 cubic yard compactor 115.50 5.40 per cubic yard 30 cubic yard compactor 157,50 5'40 per cubic yard 42 cubic yard compactor 176.40 5.40 per cubic yard 5.4U per cubic yard An additional 3.5$ charge will be assessed for each 30 day period to compensate for the Stato of Texas solid waste received at Landfills. Surcharge for A delivery fee of $50,00 per container will be charged to all new customers for open top containers and compactors, mediatelyoN its That this ordinance shall become effective im- upon passage and approval. PASSED AND APPROVED this the day of 1992. BOB- CAS EBLRRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BY: Page 2 r, 1 f A CI'T'Y ---.COUNCIL - f nnnf = ooooa~O FJ oh00~ t ro Opo - G ' IT= O O e b _ ml, 00 m g 00 O ro t: ~ ~QOO~~Nf Y° Q~OJ `~QOOOOC00~0 r #1 . t' i ORDINANCE NO. f,;Ir 400 lLP_ a, AN ORDINANCE OF THE CITY OF DENTON ESTABLISHING RATES FOR THE USE OF THE CITY'S SANITARY LANDFILL SITE FOR THE DISPOSAL OF "SPECIAL WASTE" AS AUTHORIZED BY CHAPTER 24 OF THE CODE, OFEORDI- NANCES OF THE CITY OF DENTON: ESTABLISHING REQUIREMENTS FOR ACCFP- TANCE OF TIRES AT THE LANDFILL? AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CI'T'Y OF DENTON HEREBY ORDAINS: ` SECTION 7, That the charges for the use of the city's landfill site its authorized by Section 24-4 of. Article I of Chapter. 24 of the Code of Ordinances be amended as followsr TIRES 1, Automobile tires not shrodded, quartered, or halved. $2.00 each 2. Truck tires not shredded, quartered, or halved. $4.00 each SPECIAL WASTE For the disposal of "Special War,.4te" as defined by the state $0 50 per cubic of Texas Municipal Solid Waste Yard Management Regulations, ECTION II, No tractor tires will be accepted at the landfill if not shredded, quartered, or halved, .SECT. ION III. That this oudinance shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the i _ day of 130B CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: DEBRA A. D12AYOVI''CH, CITY ATTORNEY BY: V CITY COUNCIL 9 I i a ro k t a+~~p ~~0440 QgQOO~~ ITS i El I c 1 ALL0036H ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING OF VEHICLES ON BOTH SIDES OF GROVE STREET FROM ITS INTERSECTION WITH VINE STREET TO ITS INTERSECTION WITH FRAME STREET AND ON BOTH SIDES OF NOTTINGHAM DRIVE FROM ITS INTERSECTION WITH UNIVERSITY DRIVE TO ITS INTERSECTION WITH MINGO ROAD; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT EXCEED TWO HUNDRED DOLLARS; AND R DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: S.CTIOI I. When signs are erected giving notice thereof, no person shall park a vehicle upon the following streets or portions thereof, in the city of Denton, to-wit: 1. Both sides of Grove Street from its intersection with Vine Street, to its intersection with Frame Street. 2. Both sides of Nottingham Drive from its intersection with University Drive to its intersection with Mingo Road. S CTIOR U. 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 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 find not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. 3=jy,_U. That this teen (14) days from the date of ordinance passage, and tha effective r 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 ~ E Agenda No. U 3/_ AgondBltem_ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ° APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY. 1 f~ I n Page 2 c `A Y, l~jnuda No. MEMORANDUM t f DATE: September 30, 1992 TO., Citizens Suppprt commission FROM: Paul Iwuchukwu, CTSSC Liaison SUBJECT: October 5, 1992 i ITEM #1 PP OVAL OF SEPTEMBER I! MINUTES' UMAZ ARIEFING BY CITY ,P_ TO 1 Y• ITEM #3_ & PARKING O~BOT~ST 3 OF GROVE GMFE,~ Several residents are requesting an ordinance for no parking on both sides of Grove Street, They said there used to be parking prohibition on the south side of the street until recently when the no parking signs were removed. They feel the street is very narrow and it is difficult for residents to get in and out of the street, The proximity to the Texas Woman's University campus makes congestion in the general area a frequent occurrence. Staff's investigation shows there used to be no parking signs posted on the south side of Grove Street, About three weeks ago, a citizen was contesting traffic tickets she was issued by City police on Grove Street. That led to a research of the city's no parking ordinances and it was discovered that there was no ordinance for no parking on Grove Street. As a result, the existing signs were taken down since they weren't enforceable. Grove street. is not a wide street. When vehicles are parked on both sides, two-way traffic is difficult to maintain, Grove street is heavily utilized by TWU utility vehicles which coma and go from the T14U Phyaical 1 r~ A(joiida CTSSc MEMO ll,;a September 29, 1992Q r~ page 2 1 plant where the east end of the street terminates, t Emergency vehicle access would be drastically limited I with parking on both sides of Grove, When parking is to be prohibited on both sides of a street, staff is always concerned that some resident of the street might come back later and demand where his or her guests would park after hours. The reason we need to. emphasize this here is there doesn't seem to be available off-street parking spaces on Grove Street. Staff feels the commission needs to address this now so the potential ordinance will not be a candidate for repeal in the foreseeable future. There are four the north side. Three have signed the petition in nefavor of no parking. One, Mrs. Marta Swain who lives at 613 Grove Street, is in favor of parking on the north side, Among her arguments is that with parking prohibited on both sides, guests would not have any place to park. Mrs. Swain plans to be at the meeting. On the southsideI three of the four property owners have signed in favor of no parking. We have not been able to contact the remaining property owner, but we left notification about the meeting and ordinance request on the door. Staff recommends approval of an ordinance for no parking on Grove Street 24 hours a day on the south side, 8;00 a,m, to 5;00 A.m, weekdays on the north side (or any other time period agreed upon by the commission and the owners). .ITEM 44 CIO pARKI- N~QN~~x~ Pte. ggVTI Gf A S' Ia construction of the section of Nottingham street between University Drive (US 380) and Mingo Road is nearing completion and will be opened to traffic in the next few weeks. The street has no shoulders and will be striped four lanes, two lanes each direction. If parking is allowed, the outer lanes would be blocked by parked vehicles constituting a hazard. Also, people entering and exiting the parked vehicles will be exposed to accident risks from moving vehicles. Nottingham is a collector street but, to a large extent, it will be functioning like an arterial, one of the characteristics ARE00188 r r. . 4 , r .4 I r A.qt ids Item- A D CITY Of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE (817) 688.8307 _ Olflce of the Olty Manager I MEMpFtAN~7~7I~~ a TOi Lloyd V, Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: October 1, 1992 SUBJECT: Nottingham No Parking W trying to e are bringing you this ordinance in a rapid manner because we are Safety will consider athistMonday,October 5t,ea and results of Traffic meeting will be available for the Council before they meet. If you have any questions, pleasa call. Rick Svehla Deputy City Manager RSsbw AMM0001C4 t y .1 raw-. CITY h-~1S..ate= UNCI' ~rw-nom y~ ~ a y~`w r ~~Gaaa~aGCOO~~°Q~o v. r. s ecwpdocs\trsfsig:o ORDINANCE No. AN ORDINANCE APPROVING SUPPLEMENTAL AGREEMENT N0. 01 BETWEEN THE CITY OF DENTON AND THE STATE OF TEXAS FOR INSTALLING TRAFFIC SIGNAL CONTROLLERS WITHIN THE CITY OF DENTON AT THE INTERSECTIONS OF I-35E AND AVENUE D AND U.S. HIGHWAY 377 AND ACME STREET, AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: a ~ S CT ON I. That the City Council hereby approves and autho- rizes the Mayor and City Secretary to execute and attest, respec- tively, the supplemental Agreement No. 01 between the City of Denton and The State of Texas providing for the furnishing of traf- fic signal control equipment at the intersections of 135-- and Avenue D and U.S. Highway 377 and Acme Street, within the City of Denton, under the terms and conditions contained in said agreement which is attached hereto, S TION II, That the expenditure of funds in an amount not to exceed $17,606,16 is hereby authorized. SECTION _IT. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 1992. BOB CASTLEBERRYf MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY . BY 1 t i Non(la No. _ -ell A'I nda Iteni Iklu ~Q -T9?~ Contract No, IBuLX)5 STATE OF TEXAS ',!Q/ a Control; I~ COUNTY OF TRAVIS Hwy: County; Denton i SUPPLEMENTAL AGREEMENT NO, 01 AGREEMENT FOR THE INSTALLATION OF ; TRAFFIC SIGNAL CONTROLLERS WITHIN THE MUNICIPALITY This Supplemental Agreement to Agreement for the Installation of Traffic Signal Controllers Within the Municipality is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the State, and the City of -DU ~ , hereinafter called the City. WHEREAS, the State and the City executed a contract on the 1311 day of Nove 1991, concerning Traffic Signalization Maintenance and, WHEREAS, Article 3A Compensation, limits the maximum amount payable under this contract to 5.2.641,60 and, WHEREAS, it has become necessary to amend the contract to increase the amount payable because more work was required than originally anticipated, NOW, 'T'HEREFORE, premises considered, the State and the City agree that said contract is amended as follows; 1, The maximum amount payable is changed to 112A 16 additional charges, attached hereto and identified as Attachmeas shown as nt A", All other terms and conditions of the contract are unchanged and remain in full force and effect, I ~f i IN WITNESS WHEREOF, The State and the City have signed duplicate counterl+arts of the Agreement. Nj{mcla Pin.. ~ ..3 ~ ` Agen0a Item APPROVED AS TO FORM: THE STATE OF `TEXAS Certified as being executed for the purpose and effect of activating and/or carrying out the orders, By' established policies, or work Assistant City Attorney prograrnc heretofore approved and author J by the Texas Transportation Commission under the authority of Minute Order 100002: I, By: By: Assistant City Manager Traffic Operations Engineer Date I ti J 1 I~ 1/ 1 ATTACHMENT A Equipment and associated costs of installing one traffic signal controller and cabinets at IH-35E and Ave D, U.S. 377 and Acme Street in Denton are as folIowa j PERSONAL SERVICES ` HOURS RATE TOTAL Paul Iwuchuakwu (Traffi;; Engineer) 47.5 $18.79 $ 892.52 Gerry DeCamp (COnsu'.tant) 19 $40.00 $ 760.00 Leslie Gibson (Traffic Tech) 44 $12.58 $ 553.82 Michael May (Traffic Tech) 46 $12.22 $ 562.12 Sub Total (Labor Coat) T2-7-0. 6 VEHICLE MILEAGE MILES RATE/MI TOTAL Gerry Dei:amp (Consultant) 80 $ .25 $ 20.00 Sub Total (Mileage) 20.00 EQUIPMENT J QTY COST TOTAL I Transyt 1860EL 8 Phase Controller 1 $5798.00 $5798,00 and cabinet complete with all plugablea, and Model 12EL LCD Conflict Monitor. Tranyst 1880EL Controller and 1 $6456.00 $6456.00 cabinet (same as above except for Diamond operation). Canoga (P424T) Detector Amplifiers 4 $ 460.00 $1840.00 Canoga Power Supplies 2 $ 262.00 $ 524.00 Sub Total (Equipment) TIETUTI p ELECTRIOAL Misc. Electrical Itemn 2 $ 100.00 $ 200.00 Sub Total (Ei.octrical) $ 200.00 TOTAL 17606.6 AF.E0019D/14 a~ r Igonda No. Agenda CITY COUNCIL REPORT FORMAT T0: Mayor and Members of the City Council t FROM: Lloyd V. Harrell, City Manager the SUBJECT: iSupplemental nstallation oaf g traffic signallcontrollers twithin the municipality RECOMMEI12TIO . Approval of Ordinance SUMMARY: facilitate the installation of the time was provided in original agreement tadditi additional signal necessary BACKGROUND: { A maximum amount of $12,641 was estimated in original agreement. A II supplemental agreement has been requested and the TxDOT has agreed to pay additional cost. We submitted the request for $17,606.16 and the State has agreed. Therefore, we will realize an additional reimbursement of $4,965.16. PROGRAMS. DEPARTMENTS,O_GROUPS AFFECTED: Engineering and Transportation I C I, IMPACT;. Funds to be deposited in Engineering & Transportation Department account, AEE00168 r t r. i !1 POonda No. Agenda Item. ' 5 Y Texas Department of Transportations P.O. BOX 3067 0 DALLAS, TEXAS 75221-3067.(214) 320 6100 September 4, 1992 1 i I Mr. Jerry Clark, P.F., City Engineer City of Denton a Municipal Building 215 ldast• McKinney Denton, Texas 76201 Dear Mr. Clark., I' Reference your letter of August 24, 1992, submitting invoices on Miscellaneous Contract Number 182XXH8005 in the amount of $17,606,16. In order to pay this invoice a supplemental agreement is required since your actual cost has exceeded the estimated cost of $12,641.00. I The attached supplemental agreement is forwarded for City execution. Please return counterpart copies for execution by the State and keep the third copy for your files, Vhen this supplemental. agreement P has been fully executed, one counterpart will be returned for your 1 files and your invoice dated August 20, 1992 will be processed for payment. Since' y, 1 hereW llen, P.E, Dir Transportation Operations Attachment ~ ~ i +I I A' An Equal Opporluw,0,1 Ea?ployar 1 v, CITY COUNCIL Or ~~Op I ~ O . D ~F a G~ o~opd ra N <e~p0~ ~~aQ~a00G900~~ , 5 A /ulnotla No..n-0~ . liil C►TYof DENTON, TEXAS MUNICIPAL BUILDING i DENTON, TEXAS 76201 / TELEPHONE (W) 566-8200 0 T0: MAYOR AND MEMBERS OF '1'HB CITY COUNCIL, FROM: Nonie Malo-Kull, Manager Environmental. Health Services DATE: October 1, 1992 SUBJ: Fees For Restaurant and Grocery Store Permits During the Uudgat hearings for fiscal year 1992-99, a ten dollar ($10,00) increase in the annual permit fee for restaurants and grocery stores was approved. It is anticipated that this increase will result in an additional $2,280 in revenue annually, When the city took over Environmental Health from Denton County on October 1, 1988, we continued with the same fee schedule the County had used. In fiscal year 1990-91 we increased these charges by five dollars ($5.00). The porposed ordinance will amend the current fees and reflect this Len dollar ($10.00) increase. v Nonie Malo-Kull, Plan a Isuvironmental Health ,'~rvices r I `Y 4 r "e i4 li 'f i5 I r! ie1upd0cs\inspect.0 A g o n d a Item_~ OAO ORDINANCE N0. 4 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING THE FEES CHARGED BY THE CITY FOR INSPECTIONS BY HEALTH INSPECTORS; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; AND DECLARING AN EFFECTIVE DATE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS# SECTION . That pursuant to Chapter 13 of the code of Ordi- nances, the City shall charge the following fees for each inspec- tion conducted by the health inspectors: estaurant Ingpectionst Number of Employees Amount 0-5 $ 65.00 6-10 85.00 11-15 105.00 16-20 125.00 21-25 160.00 i~ 26-30 180.00 31-35 200,00 36-40 220.00 41-Plus 230.00 Grocery Store I-;tsgections: Number of Emplp e s Ai u s 0-5 $ 65.00 6-10 85.00 11-15 105.00 16-20 125.00 21-25 160.00 26-30 180.00 31-35 200.00 36-40 220.00 41-Plus 230.00 t j i n Agenda Item-. &//A/ . SECTION II. That if any section, subsection, paragraph, son- tense, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court c of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity, SECTION III. That this ordinance shall become effective imme- diately upon its passage and approval, PASSED AND APPROVED this the day of , 2992 BOB CASTLE'BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 2 5G. t ~r y i OUNCIL y 00oooooaoao a p~joooooo G _ o DdF m aaOng, X.T T X T: T- T: - # r. "s n ' , _ a -i CITY COUNCIL REPORT FORMAT I^ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Resolution Approving the Sublease of Airport Property by FOX-51, Ltd,, to Blakey Engine Service, Inc., and Wilke & Associates, , Inc, I RECOMMENDATION: It is the recommendation of the Airport Advisory Board to approve the sublease of. Airport Property by FOX-51, Ltd., to Blakey Engine Service, Inc., and Wilke & Associates, Inc. I SUMMARY: This will continue to help the growth of the Denton Municipal Airport. BACKGROUND: This is a continuation of the development plan implemented by FOX-51, Ltd. PROGRAMS DEPARTMENTS_OIGROUPS AFFEC'PEU: This agreement will not affect any other Department or Group, FISCAL IMPACT: These subleases will help to improve Revenue for the Denton Municipal Airport-, rgos ec fully su m ted: + Iloy Darrell - Prepared by: City Manager Joe T ompsonv ~ Airport Manager Approve Ri k SvehI Deputy City Manager e:wPdacs\blakey Aganda ley "I [lily RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEtJTON, TEXAS, APPROVING THE SUBLEASE OF AIRPORT PROPERTY BY FOX-51 LIMITED TO BLAKEY ENGINE SERVICE, INC. AND WILKE ASSOCIATES INS . AND PRO- VIDING FOR AN EFFECTIVE DATE. / WHEREAS, the City of Denton has leased airport property to Fox- 51 Limited (Fox-51); and EngineEService,oInc? and Wilke Associatesh Inc. andCe to Blakey WHEREAS, Fox-51 is required to obtain the City's written con- sent to the subleases; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That under paragraph XI (Assignment of Lease) of the lease between the city of Denton and Fox-51, dated April 1, 1996, the City of Denton gives its written consent to Fox-51 sub- leasing to Blakey Engine Service, Inc., 4855 Sabre Lane and Wilke and Associates, Inc., 4933 Sabre Lane, Denton, Texas. SECTION Ii. That consent to the Blakey sublease is subject to and shall be considered valid only for so long as Blakey Engine service, Inc, does not store wrecked or permanently disabled air- craft, aircraft parts, automobiles or vehicles of any type, or any other equipment or items which would detract from the appearance of the leased premises, outside of its hanger or fenced areas. S_'ECTIOJL_ICI. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the x.992. day of BOB CASTLEBERRY, MAYOR ATTEST; ` JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY Qfy~n J B Y . t 4 Y. r' i FOX FIVE ONE, LTD,, INC, alto HANGAR LEASE AGREEMENT STATE OF TEXAS 5 =OT1N''Y OF DENTUN § KNOW ALL MEN BY THESE PRESE'N'TS: This r..ease is made Find executed this 42~L day of 19;L/sat Denton, Denton County, Texas, by and between FOX FIVE ONE, LTD,, INC, hereinafter referred to as "Lessor", and Jeffrey E. Blakey, D/B/A Blakey Engine Service, hereinafter "Lessee", having its principal offices at ' Hanger #7, Sabre Lane, Municipal Airport, Denlon, Texas 76207. WITNESSETH: WHEREAS, Lessor now leases, controls and operates certain property on the Denton Municipal Airport (Airport) In the City of Denton, Statc of Texas, and WHEREAS, Lessee desires to sublease certain premises on said property for the purposes set forth herein, NOW, THER EFORE, In consideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows: 1. LFASED PREMISES As used herein the "leased property," "leasehold," "premises" and/o; any synonym shall include the land described In Exhibit "A" which Is attached hereto and Incorporated herein as if fully set out and any Improvements thereon. The leased premises shall include the right of Ingress and egress to said property; and the right, In common with others so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and Lessor, H. TERM The term of this Agreement shall be for n period of five (5) years, C commencing on the 1st day of September, 1992, and continuing through the 31st day of August, 1997, unless earlier terminated under the provisions of the Agreement A. Renegotiated Lease 'T'erm: Lessee shall have the right to renegotiate this lease for one additional five (5) year period at the end of the primary term of five (5) years at it renegotiated renlal and under such terms as are mulually agreed upon by the Lessor and Lessee, Lessee's wish to renegotlnie this Lease must be in writing delivered to Lessor at IIANOAR LUSH AORNWHNT • MOR I C I f Y. 1 Agowla No, Apontla I1Am_ (Wo least one hundred eighty (180) days before the expiration of the primary ter d6's 7 five (5) years, B, Notice of Termination Of Lease After Prima-y Terfrr; If Lessee desires to lerminnle this lease al the expiration of the primary five (5) year term, Lessee must give Lessor written notice of his Intent not to renegotiate the lease for an additional five (5) year term and such notice must be received by Lessor at least one hundred eighty ( 180) days before the expiration of the primary term, l M. PAYMFNTS, RENTALS AND FEES Lessee agrees to pay Lessor as consideration for this lease all payments, rentals and fees more particularly described below; C r. f ~ :i ngandalto m-~~ CL7tR -yz.-- / A 1 1 I r~ I B. Adjustment: Lessee agrees and understands that Lessor holds a lease wit)t the City of Denton and that under that lease, the City of Denton has the right to adjust the Lessors rental of the Leasehold Premises according to the United States Cost of Living Index for the Dallas/Fort Worth, Texas Standard i Metropolitan Statistical Area, as compiled by the'U,S, Department of Labor, Bureau of Labor Statistics, If the City of Denton increases the Lessors lease payment, Lessee agrees and understand that Lessee's base monthlyrental payment w11l increase by the percentage Increase in Lessors lease payment to City of f Denton. This increase is referred to as the "Adjustment", C, Taxes: Lessee shall be responsible for payment of all taxes nceruing ngnlnst the Leased Premises, Lessor will forward to Lessee a copy of any tax statements or demands for payment of taxes Lessor receives from any taxing entity, Lessee will have ten ( 10) clays after receipt of any tax statement to pny Lessor for the taxes on the Leases[ Premises, IIAMOAR I.RASR AORRRMRRT • PAM) S` I ~ H { 1 ~ r Mufti No. -!J S/ I?. Insurance; Lessor Will provide insurance coverage toDprotec the Lessor against damage to Lessor's bulldings and structures located upon the Leased Premises, Lessor shall be the named insured and said insurance shall provide Lessor with coverage for all perils, including but not limited to, fire, wind, rain, hail and other catastrophes. Lessee shall he responsible for payment of the pprroeomf iu as m to (Inc thfoe for any cosnyt such Insurance. Lessor shall provide to Lessee, upon request, the irrsurnuce, Lessee shall have Insurance, ten (1(1) clays after a notification of the amount(s) clue for insurance to hay Lessors for the { E• Utilities: Lessee shall pay all expenses in connection with the use of Premises and the rights and privileges herein granted, including the timely payment of utilities, a G• Cate fees., All retrial payments and other payments (A-E) due Lessor from Lessee shall be delivered to the Fox 51, Ltd,, Inc, office, Denton Municipal Airport, unless otherwise designated In writing by the Lessor, Payments which are more than 5 days past due shall be r,ssessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction thereof which the rental payment or fee Is more than 10 days past due, Any payment which is 10 clays past due will be considered a default under this lease and said default may be cured if payment and late fees are received by Lessor within 15 days of due date, I IV. LP.SSOR IMPROVEMENTS " LESSOR SHALL PROVIDE THE FOLLOWING IMPROVEMENTS: I Aircraft hanger 98 feet by 100 feet in size, and Adjacent drivewny, parking area, and concrete airplane ramp I rA MUA R r.nASP AUR V 11M UNT - PAO" 4 c ii f A 1 Anentfa ltom_~v~ For the purpose of this Agreement, the term "Lessor improvements' shai1~7547 mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor. V. LESSEE IMPROVEMFNTS A. Required Improvements: i r As part of the consideration for the granting of this lense by Lessor, Lessee is required to and hereby agrees to construct or otherwise make improvements to A the premises, as specified herein, but not limited to, the following: "Lessee shall install n fire safety and fire hazard system providing for at least twenty-four (24) hour per clay fire department monitoring of all buildings and structures existing upon the leasehold premises. This fire system shall be considered a non-removable fixture which shall remain upon the leased premises at the expiration of the lease." 6. Construction or Improvements- Lessee shall have the right to Improve or alter the leased premises and to Install fixtures thereon, provided that any such improvements, or alterations shall not be made without the prior written consent of Lessor. C. Ownership of Improvements and Removal of Improvements: All buildings and fixtures placed or constructed upon the premises by Lessee shall remain the property of Lessor. Lessee shall be allowed to remove all non- fixtures so long as the removal will not alter, change, damage or affect the leased property and lessor owned improvements Any Improvements remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without tiny cost to Lessor. Should this lease be canceled for any reason before the end of ' the primary term of five (5) years or any extension thereof, all improvements of whatever nature remaining upon the leased premises shall automatically become the property of the Lessor, VL CONDITIONS OF AGREE?ME?N'I' A. Principles of Operations The right to conduct aeronautical activities for furnishing services to the public is granted to Lessee subject to Lessee agreeing to: VANOAA LHASO AONHAWNT PAM S A r' t! Agonzla No. Agenda 1. Furnish said services on a fair, equal and non-discriminatory basis to all users thereof; and 2. Charge fair, reasonable and non-discriminatory prices for each unit or service; provided, that the lessee may be allowed to make reasonable non-discriminatory discounts, rebates, or other similar types of price, reductions to volume purchasers. B. Non-Discrimination The Lessee, for himself, and his personal representatives, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that, I. No person on the grounds of race reliBion color, sex or national origin %hnll be excluded from participation in, denied the benefits of, or be otherwise subjected to discrimination in the use of said facilities; 2. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the construction of any improvements on, over, or under such land and the furnishing of services thereon; and 3, Lessee, shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Depat tment of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination In Federally Assisted Programs of the Department of Transportation-Effectual of Title V1 of the Civil a Rights Act of 1964, and as said Regulations may be amended, and any other rule, regulation or law of the United States or State of 'T'exas. I That in the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate this Lease and re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease 1 had never been made or issued, This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed including expiration of appeal rights. HAROAR 1.P.A90 AORHHMHHr PAOH{ C ~r {I c a $s x~ I lgitvia N_ nr;snda Itam- 2S 7A C. Right of Individuais to Maintain Aircraft It is clearly understood by the Lessee that no right or privilege has been granted which would operate to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not limited to, maintenance and repair) that it may choose to perform. i a D. Non-Exclusive Right p It is understood and agreed that nothing herein ,,ontained shall be construed to grant or authorize the granting of an exclusive right within the meaning of , Section 1349 of "Title 43, U.S.C.A. B. Public Areas 1. City of Denton reserves the right to develop or improve the I landing area of the airport as it sees fit, regardless of the desires or views of the Lessee, and without Interference or hinderance; 2. City of Denton shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard; 3. During tune of war or national etuergency, City of Denton has the right to lease the landing area or any part thereof to the State of Texas and/or the United States Government for military or naval use, and, If such lease Is executed, the provisions of this Instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended; 4, City of Denton and/or Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the City of Denton or Lessor, would limit the IIAHOAR LRASRAORP11WRT• PAOR 1 Y 'r, i ¢4 Il I kooda No. Agenda itom_ ~S ' Q~Q q ~a IL]IO __~D -Lv~7~~ usefulness or safety of the airport or constitute a hazard to14 37 aircraft or to aircraft navigation. 5. This Lease shall be subordinate to the provisions of any existing or future agreement(s) between City of Denton, the United c~ States, State of Texas or any agency of the Government and j1 Lessor and Leasehold premises relative to the operation or maintenance of the Airport; 6. This lease shall be subordinated to any lease between "Lessor" and City of Denton, Texas now in effect or subsequently amended or superseded. VII. RIGHTS AND OBLIGATIONS OF LESSEE A. Use of Leased Premises: Lessee shall be granted the non-exclusive privilege to engage in or provide the following: Aircraft Engine Overhaul and Repair. The maintenance, repair and overhaul of aircraft engines, their parts and related components. I B. Standards: Lessee shall meet or exceed the following standards: 1. Address. Lessee shall file with Fox 51, Ltd, and keep current Its mailing address, telephone number(s) and places where Lessee can be reached In an emergency. 2. Conduct. Lessee shall require its employees to abide by the terms of this Agreement. Lessor shall have the right to promptly enforce Its contractual rights in the event of it default of such covenants. 3. Lan. Lessee shall comply with ail current and future federal, state and local laws, rules and regulations which may apply to the conduct of Lessee's business, including rules, regulations and ordinances promulgated by the City of Denton. Lessee shall keep in effect and post in a prominent place all necessary and/or required licenses or permits. IIANOAR MASK A0RI!RNRNT • PAIR 1 na ,n A0e1Ida No. ngonda Ilen) lorl C, 4. Was e. Lessee shall nut commit, or suffer to be committed, any waste //-'t 37 on the leased premises. Lessee shalt not maintain, commit, or permit G the maintenance or commission of any nuisance on the leased premises. Lessee shall not use the leased premises for any unlawful t purpose, 5. Conflic . Lessee shall not do or permit anything to be done in or nhout the leased premises which shall in any way conflict with any law, ordinance, rule, or regulation which is or may hereafter be enacted or promulgated by any public authority and which affects the use or ° occupancy of the leased premises. 6. tlleggj--Activity. Lessee shall not use the leased premises for any immoral, improper, unlawful or objectionable purpose. 7. Maintenarge cLf Pro ert . Lessee shall be responsible for the regular and routine maintenance, i repair and upkeep of all leasehold property, buildings, structures and 1 Improvements, including the mowing or elimination of grass and other vegetation on the lensehold premises. Lessee shall keep the leasehold premises nent, clean and free from any latent and patent defects. C Lessor shall be responsible to repair defects existing in the airplane hanger roof, airplane hanger main door and concrete driveway surrounding the airplane hanger, concrete parking area, and concrete airplane ramp which do not result from the acts of the lessee or use by lessee of the leased premises. 8. Outsj-do Storage. Refers to storage of parts, equipment, supplies engine cans and any other things used by Lessee In the operation of Lessee's business which Lessee seeks to store outside of any structure placed upon the leased premises by Lessor. Lessee shall be permitted minimal use of outside storage such that the leased premises Is kept In an orderly manner, non-offensive to the public or Lessor's business Interest and such as not to distract from the orderly appearance of the leasehold premises. 91 UnaYjhorizr-4-Use o P ice. Lessee may not use any of the leased premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for Industrial, commercial or retall purposes, except as authorized herein. IIANUAR 1,RA9R AURRRMRHT- MOR 1 i' r `F. -11"Wro"F7wr-~ -T I I //JJ d kon0a No, Agontia Itom_S~___._ RA(3.._.1~~`~ r(V'~~~. per'. 10. Dwel in s. It is expressly understood and agreed that no permanent/,?//p dwelling or domicile may he built, moved to or established on or within the leased premises nor may the Lessee, his Invitee's or guests be permitted to reside or remain as a resident on or within the inased premises or other airport premises. 11. Qui,1'o.SSesslnn. Lessee shall quit possession of all premises leased t and all improvements constructed or added therein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in ns a good condition as existed when possession was taken by Lessee. 12. Hold 1-1 rmLess. Lessee shall indemnify and hold harmless Lessor for all costs, claims made, judgments taken or settlements made by or, against Lessor for any acts and/or omissions of Lessee, it's agents, employees, invitees, licensees, trespassers or other, who by negligence or intentional conduct cause damage to persons or property on the leased premises and/or common areas covered by this lease. Lessee further specifically releases Lessor from any and all claims Lessee or third persons may have for injuries or damages may result from a intent or patent defeat in a building or structure existing on the leasehold premises. 13. C e 'c i. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal regulations governing the storage, handling or disposal of such chemicals and paints. 14. Earkine.Parking spaces shall be provided by Lessor for the benefit of Lessee and Lessee's guest, visitors and Invitee's, Parking of motor , vehicles shall he restricted to the parking area provided by Lessor. Lessee may not use any motor vehicle upon the airplane ramp or airplane operations area. This provision shall not alter or supersede the restrictions placed by the City of Denton on use of motor vehicle on airport property, I IAROAR I.RASR AORRRMRkY- PAOR I$ 1 t! 1 Nowla No.. Agentlaltam. r~r~Lse: Wto C. SIGNS: During the tertn of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease premises signs identifying Lessee, Said signs shall be of a size, shape and design, and placed at a location or locations approved by the Lessor and the City of Denton. All signs shall remain in conformance with any overall directional graphics or sign program established by the City of Denton, Lessor's and the City of Denton approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the term of this Agreement. Notw'thstanding any other provision of this Agreement, said signs shall remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises on or before the expiration of the term of this Agreement and any extensions thereof, VIII. SPF.CIAI. CONDITIONS It is expressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions; Runways and Taxiways. That because of the present sixty thousand (60,000) pound continuous use weight bearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, takeoff and taxiing, to aircraft having an actual weight, Including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been approved to handle aircraft of weights exceeding 60,000 pounds. It is further agreed that, based on qualified engineering studies, the weight restrictions and provisions of this clause may be adjusted, up or down, and that the Lessee agrees to,abide by any such changes or revisions as such studies may dictate, "Aeronautical Activity" refers to and includes any activity of the Lessee or its agents or subcontractors, and activities which It neither controls nor solicits, such as an unsolicited or unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this Agreement and subject the Lessee to be liable for any damages to the Airport and Lessor that Wright result, IX. RIOFIT OF EASEMENT City of Denton and Lessor shall have the right to establish easements, at no cost to Lessor and without approval of Lessee, upon the leased ground space for the purpose of providing utility services to, from or across the Airport property or for the construction of public facilities on the Airport, However, any such IIANU AN LttA50 AUOMWIN-r- PAUR 11 ~t. 1 V n j 1 It Nindb Na. Agonde Ittint,Lt ySa_ L.GL w (1.310 __~Q=~=1~_.___ easements shall not interfere with Lessee's use of the leased premises and Lessor/fz,/,3f shall restore the property to its original condition upon the installation of any utility services on, In, over or under any such easement or the conclusion of such construction. X. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this Lease, convey more than forty-nine percent (49%) of its stock, deemed herein to mean the controlling interest in its business, nor sublet, assign, transfer, nor license the whole or any a part of the said premises for any purpose, without the prior written consent of Lessor. Lessor does not seek to hinder Lessee's ability to sell Lessee's business but rather seeks to prevent the assignment or transfer of this ieasc to persons who may purchase a controlling interest in Lessee's business. I I XI. INSURANCE REQUIREMEN'rS A. Required Liability Insurance. Lessee shall maintain continuously In effect at all times during the term of this Agreement, at Lessee's expense, the following insurance coverage: 1. Commercial Oenernl Liability Policy with at least the following minimum liability limits: Public Liability $2,000,000 per occurrence Hangar Keepers Llab. $ 500,000 per aircraft $1,000,000 per occurrence ; J ~e•t1 Y Medical Payments: $ 3,000.00 per occurrence 2. Aircraft Liability Insurance to cover all flight operations of Lessee in the amount of $1,000,000.00. Combined Single Lintit including passenger liability. IIANOAA LRASR A0RRRMRHT - PAOR I2 I1 1 y r - RPM tl !i Agenda No, /5- a V 7 i` 3. All required policies of insurance shall name the City of Denton F(fid f Fox Five One (51), Ltd„ Inc, as additional insureds and shall provide for a minimum of thirty (30) days written notice to the City of Denton and Lessor prior to the effective date of any cancellation or lapse of such policies. 4. All policies and limits must be approved by the Lessor in writing. 5. The Lessor shall be provided with a copy of all such policies. B. Property Damage Coverage, As set out above in Paragraph 111. B., Lessor will provide property damage Insurance covering the buildings, and structures owned by Lessor on [tie Leased Premises. Lessee will be responsible for payment of this insurance as set out above. If Lessee causes damage to any building or structure owned by Lessor and covered by Lessors property damage coverage, Lessor shall hold Lessee harmless up to and only to the amount of the property damage coverage held by Lessor. If Lessee's negligent conduct causes more damage than is covered under Lessor's property damage Insurance, Lessee will be responsible. Lessee further releases, and holds Lessor harmless from any damages which may be caused by a latent or patent defect in the building or structure owned by Lessor but leased by Lessee. i XII. DEFAULT BY LESSEE In the event that Lessee's creditors shall force Lessee into involuntary bankruptcy or that Lessee shull file a voluntary petition in bankruptcy or other proceedings in bankruptcy shall be Instituted, or any court shall tuke jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of any Federal Reorganization Act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then this lease shall automatically be terminated. This provision does not alter or change the notice and default provision set out herein for non-payment of leasehold rentals, Paragraph III. F. X111. CANCELLATION BY LESSEE Lessee, mny cancel this Agreement, in whole or part, and terminate all or any of its obligations hereunder upon or after the happening of any one of the following events; (1) Issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said Airport IIAktlAR LRAM MIR9RMO(t • PA09 13 AU Ia No. A4onda Item 4S *7/1 . ssor of n of or any part (hereof for Airport purposes; (2) the breach h Ik'to -/D ~ -~Z Covenants or Agreements contained herein and the failure of L ssor ao r medy such breach within a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the Inability of Lessee to use said premises and facilities ccntinttltlg for a longer period than ninety (90) days due to any law or any order, rule or regulnlion of any appropriate governmental authority having N jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the United States Government or y any authorized agency thereof for the maintenance and operation of said Airport and facilities or any substantial part or parts thereof, XIV. MISCELLANEOUS PROVISIONS a A. Entire Agreement. This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any cl ange or modification hereof shall be In writing signed by both parties, B. Binding Effect. All the Covenants, stipulations and Agreements herein shall extend to, bind and Inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto, C. Severability, If a provision hereof shall be finally declared void or illegal by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original Intent of the parties, I D. Notice, Any notice to be given by ono party to the other in connection I with this Agreement shall be In writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid; L If to Lessee, addressed to; Jeffrey E. Blakey d/b/a Blakey Engine Service Hanger #7, Sabre Lane Municipal Airport Denton, 'T'exas 76207 IUNIMR I.RA51l AGRReWHT-PAQR 14 ,Y S Y #f A Agontfa No, _y 1 2, If to Lessor, addressed to; President D FOX 51, LTD, INC. RI, 1, Box 102 Denlon, Texas 76201 L Notices shall he deemed to have been received on the date of receipt as shown on the rett,rn receipt. I3, Ffeadings. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meaning of any provision of this Agreement. Lessee and Lessor are required to notify each other as to changes in their address. Such notification shall be by certified mail return receipt requested. F. Governing Law. This Agreement is to be construed in accordance with the laws of the Star of Texas. IN WITNESS WHEREOF, the parties have, executed this Agreement as of the dny and year first above written. IIAN(IAR I.RASR AORRRMRNT - PAOR t! i { i T '/a A a t~ 'I I AmAa Itam_!QS FOX 51 L'I'D,, INC,, LESSOR s By;~'• ~'1? zf F . D . S T R I C K L E R, PRESIDENT STATE OF TEXAS § COUNTY OF DENTON ` On this I day of wj -9 4- 1992, before me, the undersigned Notary Public, personally appeared F.D. Strickler, known to me (or proved to me on the « basis of satisfactory evidence) to be the person who executed the within instrument as President of FOX FIVE ONE (51) LIMITED, INC, on behalf of the corporation therein named and acknowledged to me that the corporation executed it, SUBSCRIBED AND SWORN TO BEFORE ME on this the day of =~•a_, 1992, to certify which witness my hand and official seal. Notary Pub~fi_. State of Texa-- My Commission Expires; <<~',•!,c~Q Printed Nang of Notary Pa r~QrF F, I I 11ANOAR LHAHH AORRHMRNT• PAOH Ii \~J C 54 14 1 Ei t4 Agenda item- )6S BLAKEY ENGINE SERVICE lye , By:__ t Y E. BLAK + t STATE OF TEXAS § COUNTY OF DENTON § 40 ""I On this 1 tI day of <l~S 1992, before me, the undersigned Notary { Public, personally appeared Jeffrey E. Blakey, known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument individually as Jeffery E. Blakey d/b/n BLAKEY ENGINE SERVICE and acknowledged to me that he has voluntarily executed thfs lease agreement and understands the terms set forth therein, SUBSCRIBED AND SWORN TO BEFORE ME on this the )C clay of 1992, to certify which witness my hand and official seal. Notary Pufillc1 Stfl e o€ IS My Commission Expires: I't 11 i r ~ , r; ~'r PrNam of Notar P / ww 41rdN1 rvlr ~ V~ 11 x ❑AHOAA I.P.A.98A0NHHM9HT- PAOH 11 ~v r. r j AJooidaItem_.~'~ _ FOX FIVE ONE, LTD INC. R !a _/O~_,y HANGAR LEASE AGREEMENT STATE OF'I'EXAS 5 COUNTY OIz DENTON § KNOW ALL MEN BY TI,IESE PI2ES$N'1°S: 5 This Lease is made and execalted this 4-1~ da y of ~jC t ly~k5t Denson, Denton County, 'T'exas by and between FOX PINE O NE, it~ LTD,. INC. hereinafter referred to as "I,cssOr", and Harley D. Wilke, and as President of Wilke & Associates, Inc., hereinafter " Individually Principal offices at Hanger #5, Sabre Lane, Municipal Airport, Den 76207• , hang ton, aTexas WITNESSETH: WHEREAS, Lessor now leases, controls and operates certain property on the Denton Municipal Airport (Airport) In the City of Denton, State of Texas, and WHEREAS, Lessee desires Tosublease certain premises on said property for the purposes set forth herein, NOW, TFIER EFORE, inconsideration of the promises and mutual covenants contained in this Agreement, the parties agree as follows: i I. LEASED PREMISES As used herein the "leased property," "leasehold p" " synonym shall include the land described In Exhibit "A" whicheislattached/hereto and incorporated herein as if fully set out and any improvements thereon, The leased premises shall include the right of ingress and egress to said property; and the right, in common with others so authorized, of passage upon the Airport property generally, subject to reasonable regulations by the City of Denton and Lessor, K TERM The term of this Agreement shall be for is period of five (5) ears, commencing on the 1st day of October, 1992, and continuing titrough the 30 h day of September, 1997, unless earlier terminated under The provisions of the Agreement, ' A. RENEGOTIATED LEASE TPRM: Lessee shall have the right to renegotiate this lease for one additional five (5) year period at the end of tine primary term of five (5) years at a rental and under such terms as are mutually •agreed upon by the Lessor and renegotiated Lessee's wish to renegotiate this Lease must be in writing delivered to Lessor tlt j IIANOAR 1.7511 MIRRRMRNT • PAOR I f l r f i ' tit Nandi Nn....._.7~ A( anda Ileni0' least one hundred eighty (180) days before the expiration of the primary term of five (5) years. 419.3 13. NOTICE OF TERMINATION OF LEASE AFTER PRIMARY TERM: If Lessee desires to terminnte this lease at the expiration of the primary five t (5) year term, Lessee must give Lessor written notice of his intent not to renegotiate the lease for an additional five (5) year term and such notice must be received by Lessor at least one hundred eighty (180) days before the expiration of I the primary term. If Lessor does not receive this notice within the time prescribed herein, Lessor under Texas Property Code Section 42.103 does not have to refund ' Lessee's security deposit. III, PAYMENT'S, RENTALS AND FEES Lessee agrees to pity Lessor as consideration for this lease all payments, rentals and fees more particularly described below: ti rj u Agonda No. Agenda RAO D. Taxes: Lessee shall be responsible for payment of all taxes a ecru ing~~2rJ,{~j against the Leased Premises, Lessor will forward to Lessee a copy of any tax UU statements or demands for payment of taxes Lessor receives from any taxing entity. Lessee will have len (10) days after receipt of any tax statement to pay Lessor for c the taxes on the Leased Premises. F. Insurance: Lessor will provide insurance coverage to protect the Lessor against damage to Lessor's buildings and structures located upon the Leased Premises. Lessor shall be the named insured and said insurance shall provide Lessor with coverage for all perils, including but not limited to, fire, wind, rain, hail and other catastrophes. Lessee shall be responsible for payment of the premium due for any such insurance. Lessor shall provide to Lessee, upon request, proof as to the cost of the insurance. Lessee shall have ten (10) days after Ile, receiving notification of the amount(s) due for insurance to pay Lessor for the insurance. 1 F. Utilities: Lessee shall pay all expenses in connection with the use of Premises and the rights and privileges herein granted, including the timely payntent of utilities. G. Late fees: All rental payments and other payments (A-E) due Lessor from Lessee shall be delivered to the Fox 51, Ltd., Inc. office, Denton Municipal Airport, unless otherwise designated in writing by the Lessor. Payments which are more than 5 clays past due shall be assessed a penalty of one-half (1/2) of one percent per day, compounded daily, for each day or fraction thereof which the rental payment or fee is more than 5 days past due. Any payment which is 5 days past clue will be considered a default under this lease and said default may be cured if payment and late fees are received by Lessor within 10 days of due date. IV. LESSOR IMPROVEMENTS LESSOR SHALL PROVIDE THE FOLLOWING IMPROVEMENTS. Aircraft hanger 98 :eat by 100 feet in size; and Adjacent drivewny, parking area, and concrete airplane ramp. For the purpose of this Agreement, the term "Lessor improvements" shall mean those things on the leased premises belonging to, constructed by, or to be constructed by the Lessor. Unless otherwise noted herein, all Lessor improvements are and will remain the property of the Lessor, iIANtlAII LfIASH AOR@f!MI!Mf PAOtl 1 / y i7 r Atjo+ula tin. Attonda Itom_z8s ~ 1A _ V. LESSEE IMPROVEMENTS Mato %,.11 a73 A. Required Improvements: As part of [tie consideration for the granting of this lease by Lessor, Lessee r is required to and hereby agrees to construct or otherwise make improvements to L the premises, as specified herein, but not limited to, the following: "Lessee shall install a fire safety and fire hazard system providing for tit least twenty-Four (24) hour per day fire department monitoring of all buildings and structures existing upon the lensehold premises. This fire system shall be 4 j considered a non-removable fixture which shall remain upon the leased premises at the expiration of the lease." B. Construction or Improvements: Lessee shall stave the right to improve or alter the leased premises and to install fixtures thereon, provided that any such improvements, or alterations shall riot be made without the prior written consent of Lessor. C. Ownership of Improvements and Removal of Improvements: All buildings and fixtures placed or constructed upon the premises by Lessee shall remain the property of Lessor. Lessee shall be allowed to remove all non- fixtures so long as the removal will not alter, change, damage or affect the leased property and lessor owned improvements, Any improvements remaining upon the leased premises at the end of the primary term, or any extension thereof, of this lease shall automatically become the property of Lessor absolutely in fee without any cost to Lessor. Should this lease be canceled for any reason before the end of the primary term of five (i) years or any extension thereof, all improvements of whatever nature remaining upon the leased premises shall automatically become the property of the Lessor. V1. CONDITIONS OF AGREEMENT A. Principles of Operations The right to conduct aeronautical activities for furnishing services to tite public is granted to Lessee subject to Lessee agreeing to: 1. Furnish said services on a fair, equal and non-discriminatory basis to all users thereof; and IFANnAR LHASH AGRRHMHNt PAOH < e. i A;tonda ltom_S 7Xf1-'_.... Nto 2. Charge fair, reasonable and non-discriminatory prices for each unit 0 ,1 service; provided, that the Lessee may be allowed to make reasonable non-discriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 13. Non-Discrimination t The Lessee, for himself, and his personal representatives, as a part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: 1. No person on [tic grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, ' or be otherwise subjected to discrimination in the use of said facilities; 2. No person on the grounds of race, religion, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the construction of any improvements on, over, or under such land and the furnishing of services thereon; and 3. Lessee, shall use the premises in compliance with all requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation-Effectual of Title V1 of the Civil Rights Act of 1964, and as sold Regulations may he amended, and any other rule, regulation or law of the United States or State of Texas. That in the event of breach of any of the above non-discriminatory covenants, Lessor shall have the right to terminate this Lease and re-enter and repossess said land and the facilities thereon, and hold the same as if said Lease had never been trade or issued. This provision does not become effective until the procedures of 49 CFR Part 21 are followed and completed Including expiration of appeal rights, C. Right of Individuals to Maintain Aircraft It is clearly understood by the Lessee that no right or privilege has been granted which would opernte to prevent any person, firm or corporation operating aircraft on the airport from performing any services on its own aircraft with its own regular employees (including, but not litnited to, maintenance and repair) that it may choose to perform, NANOAR I, RASH AORNftmi!wr rAtlllS { Y 1 J hpan(iJ tla.._C Agatida D. Non-Exclusive Right rl.Te--* 11 is understood and agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 1349 of Title 43, U.S.C.A. 13. Public Areas 1. City of Denton reserves the right to develop or improve the landing area of the airport ns it sees fit, regardless of the desires or views of the Lessee, and without Interference or a ~ hinderance; 2. City of Denton shall be obligated to maintain and keep in repair the landing area of the airport and all publicly owned facilities of the airport, together with the right to direct and control all activities of Lessee in this regard; 1 3. During time of war or national emergency, City of Denton has the right to lease the landing area or any part thereof to the State of Texas and/or the United States Government for military or naval use, and, if such lease is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the lease to the Government, shall be suspended; 4. City of Denton and/or Lessor reserves the right to take any action it considers necessary to protect the aerial approaches of the airport against obstruction, together with the right to prevent Lessee from erecting or permitting to be erected, any building or other structure on or adjacent to the airport which, in the opinion of the City of Denton or Lessor, would limit the usefulness or safety of the airport or constitute a hazard to aircraft or to aircraft navigation. 5, This Lease shall be subordinate to the provisions of any existing or future agreement(s) between City of Denton, the United States, State of Texas or any agency of the Government and Lessor and Leasehold premises relative to the operation or maintenance of the Airport; IIAHOAK LRASR AORNRMRHT• PAOR0 4ti iw 4rtanda hom,.!c! f.1rla /d ~ ~ r yZ 6. This lease shall he subordinated to any lease between "Lessor"~~ and City of Denton, Texas now in effect or subsequently amen(' 1 or superseded. Vil. RIt I S AND OBLIGATIONS OF LESSEE A. Use of Leased Premises: Lessee shall he granted the non-exclusive privilege to engage in or provide the following: Airplane sales. B, Standards: " Lessee shall meet or exceed the following standards; I. Adsess. Lessee shall file with Fox 51, Ltd. and keep current its mailing address, telephone number(s) and places where Lessee can be reached in an emergency, 2• Q duc . I_,essee shall require its employees to abide by the terms of this Agreerne-it. Lessor shall have the right to promptly enforce. its contractual rights in the event of a default of such covenants, 3. I_a vwss, Lessee shall comply with all current and future federal, state and local laws, rules and regulations which may apply to the conduct of Lessee's business, including rules, regulations and ordinances promulgated by the City of Denton. Lessee shall keep In effect and post in a prominent place all necessary and/or required licenses or permits, 4. 'rVaste. Lessee shall not commit, or suffer to be committed, any waste on the leased premises. Lessee shall not maintain, commit, or permit the maintenance or commission of any nuisance on the leased premises. Lessee shall not use the leased premises for any unlawful purpose. 5. (.'onfiiq. Lessee shall not do or permit anything to be done in or about the lensed premises which shall in any way conflict with any law, ordinance, rule, or regulation which Is or may hereafter be enacted or promulgated by any public authority and which affects the use or occupancy of the leased premises. IIANOAR LRA5R AORRNMNNr FASO? 4 ' E; J 1]e lUa No. ___a( ~l n,JAnda It~am. 6• JJlepaj Activity, Lessee shall not use the leased pzremt e~"for an ~ 'J immoral, improper, unlawful or objectionable purpose,'` 7. MAMtenance cf Property. Lessee shall be responsible for Ilie regular and routine maintenance, repair and upkeep of all lensehold property, buildings, structures and improvements, including the mowing or elimination of grass and other vegetation on the lensehold premises, Lessee shall keep the leasehold premises neat, clean and free from any latent and patent defects. i i Lessor shall be responsible to repair defects existing In the airplane + hanger roof, airplane hanger main door and concrete driveway surrounding the airplane hanger, concrete parking area, and concrete airplane ramp which do not result from the acts of the lessee or use by lessee of the leased premises. 8. outside Stora¢ . Refers to storage of parts, equipment, supplies engine cans avid any other things used by Lessee in the operation of Lessee's business which Lessee seeks to store outside of any structure placed upon the leased premises by Lessor, Lessee shall be permitted minimal use of outside storage such that the leased premises is kept in an orderly manner, non-offensive to the public or Lessor's business interest and such as not to distract from the orderly appenrance of the leasehold premises. 9. Unauthorized Use of PrN ises• Lessee may not use any of the leased premises for the operation of a motel, hotel, restaurant, private club or bar, apartment house, or for industrial, commercial or retail purposes, except as authorized herein. 10. Dwell n s. It is expressly understood ahd agreed that no permanent dwelling or domicile may he built, moved to or established on or within the leased premises nor may the Lessee, his Invitee's or guests be permitted to reside or remain as a resident on or within the leased premises or other airport premises. It. Q&L o session. Lessee shall quit possession of all premises lensed and all improvements constructed or added therein at the end of the primary term of this lease or any renewal or extension thereof, and deliver up the premises to Lessor in as a good coaidltion as existed when possession was taken by Lessee. aAHOAK LPASR AaRRRhnlNr • roan $ c. 1 ;i r AgondallOITIAA 12. Hold Harmless. Lessee shall indemnify and hold harmless essor f - all costs, claims made, judgments taken or settlements made by r against Lessor for any acts and/or omissions of Lessee, it's agents, employees, invitees, licensees, trespassers or other, who by negligence or intentional conduct cause damage to persons or property on the lensed premises and/or common areas covered by this lease. Lessee further specifically releases Lessor from any and all claims Lessee or third persons may have for injuries or damages may result from n latent or patent defect in a building or structure existing on the leasehold premises. 13. Chemigals. Lessee agrees to properly store, collect and dispose of all chemicals and chemical residues; to properly store, confine, collect and dispose of all paint, including paint spray in the atmosphere, and paint products; and to comply with all Local, State and Federal' regulations governing the storage, handling or disposal of such chemicals and paints. 14. pia ,dreg. Parking spaces shall be provided by Lessor for the beneflt of Les see and Lessee's guest, visitors and invitee's. Parking of motor vehicles shall be restricted to the parking area provided by Lessor. Lessee may not use any motor vehicle upon the airplane ramp or airplane operations area. This provision shall not alter or supersede the restrictions placed by the City of Denton on use of motor vehicle on airport property. C. SIGNS: During the term of this Agreement, Lessee shall have the right, at its own expense, to place in or on the lease premises signs identifying Lessee. Said signs shall be of a size, shape and design, and placed at a location or locations approved by the Lessor and the City of Denton' All signs shall remain in conformance with any overall directional graphics or sign program established by the City of Denton, Lessor's and the City of Denton approval shall not be withheld unreasonably. Said signs shall be maintained in good repair throughout the terra of this Agraement. Notwithstanding any other provision of this Agreement, said signs shnll remain the property of Lessee. Lessee shall remove, at its expense, all lettering, signs and placards so erected on the premises on or before the expiration of the term of this Agreement and any extensions thereof. HANGAR LEASH AGRRVMNNT- PAGG1 4v 1 41 r~gr.Iirla tJo. ,,:l~ VIII. SPECIAL CONDITIONS It is e•pressly understood and agreed by and between Lessor and Lessee that this lease agreement is subject to the following special terms and conditions: Runways and Taxiways. 'T'hat because of the present sixty thousand (60,000) ' pound continuous use weight hearing capacity of the runway and taxiways of the Airport, Lessee herein agrees to limit all aeronautical activity including landing, takeoff and taxiing, to aircraft having an actual weight, including the weight of its fuel, of sixty thousand (60,000) pounds or less, until such time that the runway and designated taxiways on the Airport have been approved to handle aircraft of weights exceeding 60,000 pounds. It is further agreed that, based on qualified , engineering studies, the weight restrictions and provisions of this clause cony be adjusted, up or down, and that the Lessee agrees to abide by any such changes or revisions as such studies may dictate. "Aeronautical Activity" refers to and includes any activity of the Lessee or its agents or subcontractors, and activities 10 which it neither controls nor solicits, such as an unsolicited or unscheduled or emergency landing. Negligent disregard of the provisions of this section shall be sufficient to cause the immediate termination of this Agreement and subject the Lessee to be liable for any damages to the Airport and Lessor that might result. IX. RIGHT OF BASEMENT City of Denton and Lessor shall have the right to establish easements, at no cost to Lessor and without approval of Lessee, upon the leased ground space for the purpose of providing utility services to, from or across the Airport property or for the construction of public facilities on the Airport. However, any such easements shrill not interfere with Lessee's use of the leased premises and Lessor shall restore the property to its original condition upon the installation of any utility services oil, in, over or under any such easement or the conclusion of such construction. X. ASSIGNMENT OF LEASE Lessee expressly covenants that it will not assign this Lease, convey more than forty-nine percent (49%) of its stock, deemed herein to mean the controlling interest in its business, nor sublet, assign, transfer, nor license the whole or any part of the said premises for any purpose, without the prior written consent of Lessor. Lessor does not seek to hinder Lessee's ability to sell Lessee's business but rather seeks to prevent the assignment or transfer of this lease to persons who may purchase it controlling interest in Lessee's business. IIANUAR LRASa AURTIR1d14.NT tAUR N i' Y. n ~onrkl No. ~ ~ AgandaItorr_Vii- S_# XI. INSURANCE REQUIREMENTS 0110 ,.3D~C~,137 A. Required Liability Insurance. Lessee shall maintain continuously in effect at all limes dur(ng the term of this Agreement, M Lessee's expense, the following ; irts.irance coverage: L C'ontrtte;clal General minimum liability limitLiability Policy with at least the following s: Public Liability $2,0()0,0(10 per occurrence Hangar Keepers Liab. $ 500,000 per aircraft $ 1,000,000 per occurrence -8~ s reteet+re I~ieijr~6~r60( 0®a~AA per-eeourrence , -Pre Medical Payments: $ 3,000,00 per occurrence 2. Aircraft Linbility Insurance to cover all flight operations of Lessen in the amount of $1,000,000.00. Combined Single Limit Including passenger liability. y. Ail required policies of insurance shall name the City of Denton and Fox Five One (51), Ltrl,, Inc, as additional insureds and shall provide for a minimum of thirty (30) days written notice to the City of Denton and Lessor prior to the effective date of any cancellation or lapse of such policies. 4. Ail policies and limits must be approved by the Lessor in writing, 5. The Lessor shall be provided with a copy of all such policies. B. Property Damage Coverage; As set oul above in Paragraph lit, B., Lesor will provide property damage insurance covering the buildings, and struct ressowned by Lessor on the Leased Premises. Lessee will he responsible for payment of this insurance as set oul above. If Lessee causes damage to any building or structure owned by Lessor and covered by Lessors property damage coverage, Lessor shall hold Lessee harmless up to and only to the amount of the properly damage coverage held by Lessor. If Lessee's negligent conduct causes more damage than is covered under Lessor's properly damage insurance, Lessee will be responsible. Lessee further releases, and holds Lessor harmless from any damages which may be caused by a latent or patent defect in the building or structure owned by Lessor but leased by Lessee. fUHOna rHASH noneewerrr. rtiaa 11 / ' AgrnlldtJO. _~.7.o2.~~G~1 Ap~Aa X11. DEFAULT BY LESSEE f3~ In the event that Lessee's creditors shall force Lessee into involuntary bankruptcy or that Lessee shall file a voluntary petition in bankruptcy or other proceedings in bankruptcy shall be instituted, or any court shall take jurisdiction of Lessee and its assets pursuant to proceedings brought under the provisions of G any Federal Reorganization Act, or Lessee shall be divested of its estate herein by other operation of law; or Lessee shall fail to perform, keep and observe any of the terms, covenants, or conditions herein contained, or on its part to be performed, the Lessor may give Lessee written notice to correct such condition or cure such default and, if any condition or default shall continue for thirty (30) days after the receipt of such notice by Lessee, then this lease shall automatically be ` I terminated. This provision does not alter or change the notice and default provision set out herein for non-payment of leasehold rentals, Paragraph 111. F. XII1. CANCELLA'rION BY LESSEE Lessee may cancel this Agreement, in whole or part, and terminate all or any of its ohIl 'gntlons hereunder upon or after the happening of any one of the following events: (1) issuance by any court of competent jurisdiction of a permanent injunction in any way preventing or restraining the use of said Airport or Hoy part thereof for Airport purposes; (2) the breach by Lessor of any of the Covenants or Agreements contained herein and the failure of Lessor to remedy such breach within a period of ninety (90) days after receipt of a written notice of the existence of such breach; (3) the inability of Lessee to use said premises and facilities continuing for a longer period than ninety (90) days due to any law or any order, rule or regulation of any appropriate governmental authority having; jurisdiction over the operations of Lessor or due to war, earthquake or other casualty; or (4) the assumption or recapture by the Jnited States Government or any authorized agency thereof for the maintenance and operation of said Airport and facilities or any substantial part or parts thereof, XIV, MISCELLANEOUS PROVISIONS A. Entire Agreement This Agreement constitutes the entire understanding between the parties and as of its effective date supersedes all prior or independent Agreements between the parties covering the subject matter hereof. Any change or modification hereof shall be in writing signed by both parties. B. Binding Effect, All the Covenants, stipulations and Agreements herein shall extend to, bind and inure to the benefit of the legal representatives, successors and assigns of the respective parties hereto. aAHOAR I.HA511 AORRCMINT - PACIH 12 I ~ ~s i+ i Ahenila Ilen}_ _ ~1l~~.___ (Vo C. Severability. If a provision hereof shall be finally declared void or iltegas~~ofl37 by any court or administrative agency having jurisdiction, the entire Agreement shall not be void; but the remaining provisions shall continue in effect as nearly as possible in accordance with the original intent of the parties. D. Notice. Any notice to he given by one party to the other In connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid: ~ 1. Ir to Lessee, addressed to: IIarley b, Wilke Individually and . President of Wilke & Associates, Inc, Hanger #5, Sabre Lane Municipal Airport Denton, Texas 76107 I 2. If to Lessor, addressed to: President i FOX 51, LTD, INC. Rt. 1, Box 102 Denton, 'T'exas 76201 7 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. Lessee and Lessor are required to notify each other as to changes in their address. Such notification shall be by certified mail return receipt requested, E. Headings. The headings used in this Agreement are intended for convenience of reference only and do not define or limit the scope or meatling of any provision of this Agreement, F. Governing Law. This Agreement is to be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, [tie parties have executed this Agreement as of the day and year first above written. IIAROAR LRASR AQRRRMRHT. PAIR p 1 li S Ngllda No. Anenda Itoni__r~,S FOX 51 LTD,, 1NC,ItLESSOi2-L/~° By:_ F. D. S'I'R ICKLER, ~ PRESIDENT STATE OF TEXAS § A COUNTY OF DENT'ON § On this day of ` J 1992, before me, the undersigned Notary Public, personally appeared F.D, Strickler, known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the within instrument as President of FOX FIVE ONE (51) LIMITED, INC. on behalf of the corporation therein named and acknowledged to me that the corporation executed it. Cjl SUBSCRIBED AND SWORN TO BEFORE ME on this the day of 1992, .to certify which witneas,1}ny hand and official seal. r. t y i~, State o xas mmission Expires: A /--Z~ X03 l, "r-fe, Na a of Notn Public Ir I IAHOAR 1,WH AORIIHMHRY• 1,%(]H 14 `v C fi - r ww+., lot a. i f bjj~Aa No Arianda itoin_ l~si. .lr t HARLEY D. WILKE, Individu 11y and as President of ~~•g7 Wilke and Associates, Inc, By; t IIARLF.Y D. WILKE STATE OF TEXAS g COUNTY OF DENTON § On this _J_ day of1992, before me, the undersigned Notary Public, personally appeared HOLEY I). WILKE, Individually and as President of WILKE AND ASSOCIATES, INC., known to me (or proved to me on the basis of satisfactory evidence) to be the person who executed the instrument individually i and as President of WILKE AND ASSOCIATES, INC. acknowledged to me that he is entering into this lease agreement in his individual capacity and In his capacity as President of HARLEY D. WILKE AND ASSOCIATES, INC. 1 SUBSCRIBED AND SWORN TO BEFORE ME on this the I day of N A Jib 1992, to certify which witness my hand and official seal, i `Iyotar - u tate of Te •''"r My Commission Expires; J• Printed N me of Notary blic x F IIAHOAR tAWR AORRRMRRT - PAOP. If / 4. 4 ' i Nonda Ph. ArfoiIda IIom~/ f?XIIff1f'I' A" pg r,j 12 tII d.hS9r1 ngrzs {fnNaKtt 7rtnr.r . TORY BUtRVEV, nB9lr 'RnCY Zb*S IN 1116 T , Ul : Y OF DFINTt1Nt DENTUN CL}UNTY,, Mxns. ALL Illnl L'.EMtAIN Ifint:t Um hnnrPL OF LANb LYtNa IN 1ALITMEy MI! T PFIN13 Nqng t P-'l1t2PICtJLnt tnAv , n AnYI t r)FZLiL.YClUt'YESLW7 UENIUNt bENrttN CgLINtyo It xns, nrlu q hlr~ 'rtl»gtl Aq F*C1LI_bk15f 111011WENCllJp AT AN IRON PIN At TIIF bltthtllsASt f:tihmati W ra Z. ttsT;~ WM T TMACt L.Fnsrn Lay 71W Ct tY tlE Ut NI ON to PoX al l I PHN't bOUTlf 77 VOU911EE.8 35 t'IINUft?s oo IsiMbNull Whgf n blistANUP- or, 1-12. 4A tEEf IL1 the Nr3nrII flA9T GUNNER ANI) bIFINO rNfr P-miNt-or- px01NNINO OF Mr. IIFI'MIN bEscflmEb t17nCft quU sne 141.93 f fitu r M l 11t7tltllE NghtNsNlrat cu iNEtot~ t3ECUNbt~ 41Egt n bigtANCft or f IIMN13! SOUtll 12 DEMI-FtS zs MINL11kg co SEcuNUs trnst A bf§tANCE Ua 141.; t-EEt TU mr: HU1I111wwr btNtHtno f THENCE NUntH 77 wnghaas 35 MINIItf!a oo sLCtlNbs EAIRT A blfsitrINVE up.- 141.13 rPP I TU 11ff3 IRIUttl Mgt t OMINPAII THENCE NOTIM 12 OtmEts 7!1 MtNUtLws o0 5EtUNbl1 WLBt M.n VtEt tIJ my Nuhif# Ens1 CtlMN"m nND fl"! f'dtN1-faf -bEd1NNINt3 AND CONMININa 70,p1:!. t gGLIAnE hBET on o nq4 ACE UI= LnND: J i OOF OF e~ , 0409 0,00 I.ft . • • /~/~I:f/I~I~~+ILT~.'•.M ~w~~ bit EXIST AerpptAL•7'♦ `C`r-' ~++rr~ . • . ,~i. "~4',~^R r. .~,r r~r a i i j c ;i o f' lI 1 _ THE WARHIRU AND SPORT AIRCRAFT SPECIALISTS. SALES • SI3RVICE - TRAINING 1 r , Mr, Rick Woolfolk 24 August 1992 Chairman Airport Advisory Board Denton, Texas 76201 Dear Rick: This letter is to notify you of our leasing activities. As you }:now, we have been waiting some time for the street name and address designations to be finalized for our airport. With that now finished we can advise: We have leased our hangar N 5 to Wilke & Associates, Inc. Their use of this facility will be "Aircraft Sales" and their address is: Marley D. Wilke, President Wilke & Associates, Inc. Hangar 0 5, Sabre Lane --A,03 Denton Municipal Airport I Denton, Texas 76207 We have leased )ur hangar H 7 to Blakey Engine service, Their use of this facility will be "Aircraft Engine overhaul and Repair" and their address is: Jeffrey E. Blakey, President Blakey Engine service, Inc. Hangar 0 7, Sabre Lane g 5 5 Denton, Texas 76207 We will keep YOU informed of our future activities as they develope, sincerely yours, ~"role F. D. Strickler MUNICIPAI, AIRPORT R1:1 I)OX 102 1 DENTON, ThXAS 76201 617.3-73.1302 Agenda Pd o. Agenda ftuni__-~A ltd 771F. WARBIRD AND SPURT AIRCRAFT SPF,CIALIST.S, SALES • SERVICE - TRAINING f 4 Mr. Rick Woolfolk 24 August 1992 Chairman Airport Advisory Board Denton, Texas 76201 Dear Rick: This letter is to notify you of our leasing activities. As you ),now, we have been waiting some time for the street name and address designations to be finalized for our airport. With that now finished we can advise; We have leased our hangar # 5 to Wilke & Associates, Inc. Their use of this facility will be "Aircraft sales" and their address is. flat-ley D. Wilke, President Wilke & Associates, Inch Hangar # 5, sabre Lane 'f ~t 3 3 Denton Municipal Airport ` Denton, Texas 76207 We Ixave leased our hangar # 7 to Blakey Engine service. Their use of this facility will he "Aircraft Engine Overhaul and Repair" and their address is; Jeffrey E. Blakey, President Blakey engine service, Inc. Hangar 0 7, Sabre Lane g 5 S Denton, Texas 76207 We will keep you informed of our future activities as they develope. i Sincerely yours, l11 r F. D. Strickler MUNICIILII, AIRPORT RT 1 IIOX top. 1 I)ENTON, TF,XAS 76201 817.333.1302 r. r - -CITY COUNCIL - I 1 a ! ~ ~ ooanooooo ~ -b~OOOO 0 P L R OOQQQ~O - - - Low C .i O G P F a d - - - O~QQOO T ~ N T 8 ' OQ~~OO - °0oaaaocono° AW, , ry4l d N, CYO i a C/rYot DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76201 / TELEPHONE{817) 868.8307 Office of the Clty Manager Nl1EMfJ12ANI7iJM TO: Lloyd V. Harrell, City Manager a FROM: Rick Svehla, Deputy City Manager DATE: October 1, 1992 SUBJECT: Condemnation Resolutions The information sheet covers the background on these threr parcels, They are part of an FAA grant that will be extended to the city once we ascertain cost of litigation. As was indicated, the split will be 90110 with the FAA picking up 90%. Offers have been made, and we need to proceed in this direction in order to obtain the property. If you or the Council has further questions, I would be happy to answer them. Aick Svoh a Deputy City Manager RS;bw AMM001C2 Attachments 1 i_ 't . A96nda 70 Mto CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Airport Condemnation RECOMMENDATION: Approval of resolution authorizing initiation of condemnation SUMMARY: To facilitate the runway extension and acquistion of clear zones for the Denton Municipal Airport additional, property must be acquired. Three tract; i) M.T. Cole Estate - 31.107 ac; 2) John Porter - 9.679 acre; 3) Virginia Fryman and Dr. Ed Wolski - 16.174 ac. for a total of 56.96 acres are needed for theso improvements. BACKGROUND: { The three property owners have been offered the appraised amount as documented by an independent appraisal utilizing the FAA guidelines for land acquisition. All three property owners have declined the written offer to acquire the subject property. j 1 PROGRAMS, DEPARTMENTS OR GROUT?S AFFECTED:, Denton Municipal Airport i FISCAL IMPACT: The FAA will provide 90% of the cost for the runway extension and land acquisition by way of a grant. The remaining 10% will be paid by the City of Denton. AEE00168 c } F V PARCEL 1. CMISTIMO AIRPORT PRDPERTY j PARCCL 2. R 1. COLE CSTATL - 31.107 AL1 PARCEL 3. Jq{M V. PORTER AMP WE )406ARET 0. PORTER - 9679 AC. PARCEL 1. LD VOLM AND VIROIMIA CRYMAN - 16174 AC. A o 3 4 ~ P7 rC~ ..44 Eu' a a 4 N 0 13 o 0 500 1000 , i e~ DENTON MUNICIPAL AIRPO PRODUCED BY CITY OF DENT ENGINEERING/TRANSPORTATION USIGN/RAY MCLESTER f A~ . cole.r ' ~(Ibncla 4!0 .9~~,,~,~ ;Vj0ndaItom. IIA(l RESOLUTION NO. t A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND i'INDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE W. NEIL SURVEY, A-970, THE I. HEMBRIE SURVEY A-594, THE J. MCDONALD SURVEY A-873 AND THE J. W. KJELLBERG SURVEY, A-1610; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPER'T'Y NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING AN EF'F'ECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare -and convenience hereby requires the acqui- sition of a fee simple interest in the hereinafter described land ' for the public purpose of extending a runway at the Municipal Air- port and that the City of Denton should acquire said fee simple interest necessary for said purpose; and WHEREAS, the hereinafter described property is owned by M. T. Cole, 'T'rust Number One,, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DE,'NTON HEREBY RESOLVES; SECT ON I. That public necessity exists and public welfare and convenience require the acquisition of a fee simple interest in the hereinafter described land for the public purpose mentioned below. S E CT'0h I1. That the City Manager or his designee is horeb authorized and directed to make an offer for Lhe property to the ' owners of said hereinafter described property, compensation recommended by an independent appraisal spr on just the City Manager's direction, prepared at SECTION II._.. That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authori•ed and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against M. T. Cole, Trust Number One to acquire a fee simple interest for the public purpose of extending a runway at the Municipal Airport upon the land more particularly described as follows; All that certain portion of land lying and being situated in the City of Denton, Denton County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all \ purposes, to which reference is here made for more particular description. r, 4 r:: r, 4y 5 I A pnda Itom__/C~~ IWO SECTION IV. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said con- demnation, SECTION V. That this resolution shall become effective immedi- ately upon its passage and approval. 1 PASSED AND APPROVED this the day of 1992, t BOB CASTLEBERRY, MAYOR+ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: - A + 1 I PAGE 2 ~r 4 t EXHIBIT "A" FIELD NOTES L!c ._.__d/~01 r -W~y ALL that certain lot, tract, or parcel of land situated in Den County, Texas and being a part of the W. Neil Survey, A-9701 part of the I. Hembrie Survey A-594, part of the J. McDonald Survey A- 873, part of the J.W. Kjellberg Survey, A-1610, and part of a tract shown by deed to M.T. Cole recorded in Volume 238, page 410 of the Deed Records of Denton County, Texas said part of a tract shown by deed to M.T. Cole recorded in Volume 243, page 572 Deed Records and also part of a tract shown by deed to M.T. Cole recorded in Volume 375, page 483 Deed Records and being more particularly described as follows; BEGINNING at the southwest corner of "Tract Two" to the City of Denton recorded in Volume 871, page 137 Deed Records; o THENCE south 880 311 00" east with the south line of said "Tract Two" a distance of 1210.0 feet to the southeast corner of said "Tract Two"; as THENCE south 60 481 38" east a distance of 1,010.04 feet to a point for a corner; THENCE north 880 331 24" west a distance of 1500.0 feet to a point for a corner; THENCE north 90 411 2511 east a distance of 1010.88 feet to the Point of Beginning and containing 31.107 acres of land. AEE00015 A I C `A - ,-CITY r _ COUNCIL - - - - - - - - - - q I i - - - - - - - - - - - - - - oooiO~aUI X go, Hopp { Op~4ti r p t 0 Q 4 2 O U . t_7 - - r7 Op h r ti + ~On 0~~~~400 QG IT: A porter.r / + r r~la !n. _ . t14~ f4 RESOLUTION NO. A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE WILLIAM WILBURN SURVEY, ABSTRACT NO. 14191 AUTHORIZING THE CITY r MANAGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN C014DEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS] AND DECLARING AN EFFECTIVE DATE. WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acqui- sition of a fee simple interest in the hereinafter described land for the public purpose of extending a runway at the Municipal Air- port and that the City of Denton should acquire said fee simple interest necessary for said purpose; and WHEREAS, the hereinafter described property is owned by John W. Porter and wife, Margaret G. Porter; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION Y. That public necessity exists and public welfare and of a fee simple interest in th acquisition convenience require the hereinafter described land forthe public purpose mentioned below. 5ECTIQI3_1 That the City Manager or his designee is hereby authorized and directed to make an offer for the property to the owners of said hereinafter described property, bascad on just: compensation recommended by an independent appraisal prepared at the city Manager's direction, S CF TION__Z_I. That in the event the offer as described in section II is refused by the owners of said property, the City Attorney is hereby authorized and directed to file the necessary condemnation proceedings or suit and take whatever action that may be necessary against John W. Porter and Margaret G. Porter, to c3eilpira runway at. the Municipal Airport upon the land more particularly described as follows: All that certain portion of land lying and being situated in the City of Denton, Denton County, 'T'exas, describe-.d in EX!iibit "A" attached hereto and made a part hereof for al?. purposes, to which reference is here made for a more particular description. ti -T A A{ Wndd No. Y - d rwo 5ECTxQaLIY• That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said con- demnation, SECTION V, That this resolution shall become effective immedi- ately upon its passage and approval. M PASSED AND APPROVED this the day of 19512, 0 BOByCASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMo DEBRA A. DRAYOVITCH, CITY ATTCRNEY BY S 14~j~L_ c 9 PAGE 2 7w h - c A~OHdj r40 EXHIBIT "A" nJundaltam., f3 FIELD NOTES ALL that certain lot, tract, or parcel of land situated in D~ on county, Texas and being part of the William Wilburn Survey A-1419 ' and also part of a tract dated September 27, 1991 from L.R. Downs 7 and wife sue Mingo Downs to john W. 11 Porter recorded in Volume 3071, Porter and wife Margaret 0. Records of Denton coujitl Texas page lbeing more Rp rticularly described as follows, theBEGINNINCityGofatDentonth6 Texase recorded }!inTVoluLeT8710 Pageby14de2ad to Records, THENCE north 66 100 41" west a distance of 504.41 feet to at point for a cornerl THENCE south 880 351 51" east a distance of 916.54 feet to the center line of Masch Branch Roadl THENCE south 16 240 09" west with the center of Masch Branch Road 10!).0 feet to the northeast corner of "Tract III" of said City of Denton tractl THENCE north 880 350 51" west with the north line of said "Tract Iii" 50.0 feet to the northwest corner of "Tract Iii"l THENCE south 10 241 09" west with the most easterly west line of "Tract III" 400.0 feet to the northeast corner of said "Tract Ii"l THENCE north 880 35f 51" west with the north line of "Tract iI" 800.0 feet to the Point of BegirrAng and containing 9.679 acres of land. AEF00015 Y a f 1 CITY :GC}UNCIL oo°0 r n goo 4~4~ t ro r BOO b. oD ry Q~ a O ~~00ooaaaaco~~°°°U i T. r, wolskl.r p eql RESOLUTION NO. A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND ACQUIRING OF A FEE SIMPLE INTEREST IN THE HEREINAFTER DESCRIBED LAND SITUATED IN THE J. SCOTT SURVEY, ABSTRACT NO. 1222; AUTHORIZING THE CITY MAN•- AGER OR HIS DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE OF EXTENDING A RUNWAY AT THE MUNICIPAL AIRPORT BY THE CITY OF DENTON, TEXAS; AND DECLARING AN EFFECTIVE DATE. i WHEREAS, it is hereby determined that a public necessity exists and that public welfare and convenience hereby requires the acqui- sition of a fee: simple interest: in the hereinafter described land for the public purpose of extending a runway at the Municipal Air- port and that the City of Denton should accu.ire said fee simple i interest necessary for said purpose; and I WHEREAS, the hereinafter described property is owned by Ed Wolski, Trustee and Virginia Fryman; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SE TAN I. That public necessity exists and public welfare and convenience require the acquisition of a fee simple interout in the hereinafter described land for the public purpose mentioned below. SCE!_TIONII. That the City Manager or his designee is hereby h authorized and directed to make an offer for the property to the owners of said hereinafter described property, based on just compensation recommended by an independent appraisal prepared at the City Manager's direction. SECTION 111. That in the event the offer as described in Section II is refused by the owners of said property, the City Attorney is hereby authorised and directed to file the necessary condemnation p,,oceedings or suit and take whatever action that may be necessary against Ed 44olski and Virginia Fryman to acquire a fee simple interest for the public purpose of extending a runway at the Municipal Airport upon the land more particularly described as followq: All that certain portion of land lying and being situated in the city of Denton, Denton County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is bore made for a more I particular description. c,. D~ nnanda a S,ECCTION IV. That if it should be subsequently determined that additional parties other than those named herein have an interest in said property, then in that event the City Attorney is autho- rized and directed to join said parties as Defendants in said con- demnation. U=I_V. That this resolution shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1992, 9 M BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY PAGE 2 i c j: A l ~ EXHIBIT "A" A.iendakom_ e' L AFIELD NOTES ALL that certain lot, tract, or parcel of land situated in the J. Scott survey A-1222 and being part of a tract shown by deed to Rd Wolski, Trustee and Virginia Fryman, recorded in volume 2895, Page 470 Real Property Records of Denton County, Texas and being more ~ particularly described as followsi BEGINNING at the northwest corner of the "Second Tract" shown by de0d to The city of Denton recorded in Volume 857, Page 523 Deed Records said corner being in the center of Masch Branch Roadp 4 THENCE north 10 241 09" east with the center of Masch ,9ranch Road 865.82 feet to a point for corner! THENCE south 880 351 51" east a distance of 887,23 feet to a point for corner= THENCE south 100 511 29" west a distance of 874.43 feet to the northeast corner of said "Second Tract"j { THENCE north 880 501 58" west with the north line of said "Second Tract" 743.58 feet to the Place of Beginning and containing 16.174 acres of land. AEE00015 I I . CITY -COUNCIL 9 - - ITT: T~; - - - - - - - - - - - - - - - - - - ooOQ~pQI1F n ~ F d°~$ _ p~ 0D G ~pODO r O M t o i, *oOrJO - °00aoo orooo°° I Y. `4ts Y.2 - lIPr C/TYW DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 76? 0 f /TELEPHONE (817) 586.8307 Office of the Cfty Manager MEMQK.piNDiiNi ° TO: Lloyd V. Harrell, City Manager. FROMs Rick Svehla, Deputy City Manager DATE: October 1, 1992 SUBJECT: Change in Project Number for FAA Grant at the Denton Municipal RehabilitaAirport for the Runway Overlay and ti on of Taxiways and Aprons , 1 The Mayor has received the attached letter asking us to change the project number on the grant. This is for the existing grant for the airport overlay project which is being worked on currently. The number change, obviously, facilitates "AA needs, If you have any further questions, please call at Your convenience, J / I Rick Svehla Deputy City Manager RS:bw AMMOOlC3 Attachment I C Y. ~,londa 1letst%ktr,'V.--- ' 0 US.Deportment Soumwest Region Fort wan,, Texas 76K3-0000 of UanspoltOtlon Arkansas. Louls,ana, New Mexico. Oklahoma, Federal Aviation Texas Administration c t SE'P ! d 1992 L~~I a ~ The Honorable Bob Castleberry Mayor of Denton 215 McKinney Street Denton, TX 76201 Dear Mayor Castleberry: Enclosed are the original and one copy of Amendment No. 1 to the Grant Agreement for Project No. 3-48-0067-0792 at the Denton Municipal Airport. Please accept the amendment by resolution of the governing body of the city as soon as possible and return the orfq_inal to us. The copy is for tire city's files. The grant is being amended to change the project number from 3--48-0067-0792 to 3-48-0067-0592. This project includes the overlay of RW 17-35 and the rehabilitation of taxiways and apron. In all future correspondence and payment requests please refer to this project by the new project number. We continue to look forward to working with you toward the succeesful completion of this project, sinc rely, Hugh W. Lyon Assistant: Divison Manager Airports Division Enclosure (2) cc (1) : Texas Department of Transportation Division of Aviation P.O. Box 12607, 410 East 5th Austin, TX 787].1-2607 I - TOGETHER WE SUCCEED t 41_ - aria AUonllo He,n__ .G'S RESOLUTION NO, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDM,cNT NO. 1 TO THE GRANT AGREEMENT BETWEEN THE CITY OF DENTON AND THE UNITED STATES OF AMERICA FEDERAL AVIATION ADMINISTRATION CHANGING THE PROJECT NUMBER; AND PROVIDING AN EFFECTIVE DATE, THE COUNCII, OF THE CITY OF DENTON HEREBY RESOLVES: w SECT~~r~OH T. That the Cit execute Amendment No. 1 y Manager 3.s hereby to the Grant Denton and the United States of America r Federal Aviation oAdminiso tration executed nn the 7th day of Jul between the Cit,, of project number f),ore, 3-98-0067-0792 to 3- 2992, which changes the which is attacheo h,;!reto and made a 48-0067-0`'g2 a Part hereof. COpY of SFKCPION 1.I_. That the City secretary is hereby directed 'to attach a copy of said Amendment to 2-02 a said ordinance a statement that theeAgxeement9has3be ndamended,un =T; N II. That this resolution shall become effective immediately upon its passage and approval, PASSED AND APPROVED this the _ day of 1992. r BOB CASTL EHB RRY (Y )I2_-_... ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED DEBRA A. DRAYOVITCH~ CIFORM: TY ATTORNEY BY: , r t r, e ~f Aoentla bni_.L~ * %rzc Dflo 'lip j Page I of 2 Pages Federal Aviation Contract No. DOT FA 92 SW-811I Administration Denton Municipal Airport Southwest Region Fort Worth, TX 76193.0601 Denton, Texas (LUCA1bM1) S AMENDMENT NO, I TO GRANT' AGREEMENT FOR PROJECT NO. 3-48.0067-0792 WHEREAS, the Federal Aviation Administration (hereinafter referred to as the "FAA") has determined it to be in the Interest of the United States that the Grant Agreement between the FAA, acting for and on behalf of the United States and the City of Denton, (hereinafter referred to as the "Sponsor"), accepted by said Sponsor on the 7th day of July, 1992, be amended as hereinafter provided, NOW THEREFORE, WITNESSETHt That in consideration of the benefits to accrue to the parties hereto, the FAA on behalf of the United States, on the one part, and the Sponsor, on the other part, do hereby mutually agree as follows: The project number shall be changed from 3.48d0067.0792 to 3.48.00670592, IN WITNESS WHEREOF, the parties hereto have caused this Amendment to said Grant Agreement to he duly executed as of the day of y 19 ' UNITED STATES OF AMERICA FEEE- AD NISTRATION BY: (SI.AL) 'T'itle; ~ 1, AIrp rtq s Div~Lon City of Denton (Name of Sponsor) Attest; By: 't'itle; 't'itle; FM Form 6100-38 (10891 P Y. Y. Il Ai 1i n AI o!1dA Ilerl_/%S ~ Page 2 of 2 Pages Contract No. DOT FA 92 SW-8111 Denton Municipal Airport Denton, Texas (LO co tlon) w CERTIFICATE OFSPONSOR'S ATTORNEY I, - _ , acting as Attorney for " I (heretnalter referred to as "SSponsor"} do hereby certify: That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects due and proper and in accordance with the laws of the State of Texas, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal and binding obligation of the Sponsor in accordance with the terms thereof. Dated at this day of 19 PAA Form 5100.56 (10-891 fR R • 1 Mnuda No. Page 2 of 2 Pages Contract No. DOT FA 92 SW-8111 Denton Municipal Airport Denton, Texas (LotaAOn) CERTIFICATE OF SPONSOR'S AT'T'ORNEY 1, __r_ , acting as Attorney for (hereinafter oeFerreTto os "Sponsor) do hereby certify; That I have examined the foregoing Amendment to Grant Agreement and the proceedings taken by said Sponsor relating thereto, and find that the execution thereof by said Sponsor has been duly authorized and is in all respects dui. and proper and in accordance with the laws of the State of Texas, and further that, in my opinion, said Amendment to Grant Agreement constitutes a legal arid binding ohl gation of the Sponsor in accordance with the terms thereof, Dated at , this _ day of 19 I t A FAA Fonn 610046 (1009) l l' ~ r h r. q `CITY - COUNCIL -T 1 ~t :TT ITT: - 1 { lIx- - L ...-J Y XMI.-a-T --l T~ R IT. _ ooa~4oooaa 7IR 1 XTTT o U `Q :.C7 a fl. o~~~~~Op ° N. oacra00CA . 1 TIT 1 A A~0'rt(la 1lgf~~.__! 1 CITY COUNCIL REPORT TOt Mayor and Members of the City Council FROMt Lloyd V. Harrell, City Manager DATE: October 6, 1992 ` SUBJECTt Street Closing Request for Neighborhood Block Party on N Gatewood Drive on October 31, 1992 RECOMMENDATION., To temporarily close Gatewood Drive, from Lafayette Drive to Ticonderoga Street, on Saturday, October 31, from 12:45 p.m. to 3100 p.m., for a neighborhood block party. SUMMARY., The neighborhood on Gatewood Drive have requested that the street be closed from Lafayette Drive to Ticonderoga Street for a neighborhood block party on Halloween, The group has requested that the street be closed to provide adequate space and safety for those in attendance, The property owners affected by this closure have signed the attached petition. Both the Police Chief and Fire Chief have been advised of this event and have no safety concerns with this temporary street closure, Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, i Lloyd V, HarrelI City Manager. Prepared byt uC Ca he ine E. Tuck Administrative Assistant c i, ii r A~r;nua tdu. o? U 3/ FtEf,~UES~r Fb2~!'= S'3.'REE'T' CZ,bSLJ.R~-'~~ f Organization Requesting Street Closure. Contact Person; (Y-~ Address;_ 5 O(-) q,)CISE' cJ, Phone Numbor; Street To Be Closed; k rte- _ Date and Time To Be Closed, vT3-- Intersectir;g Streets.. i..C - Reason For Closure; Please complete the lower portion of this form. ALI, property owners and/or tenants affected by the street clusure MUST be contacte- and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property Owner/ Address Authorized Tenant cif Property i M Signature Favor - oppose ~I 5. r J 77- 5 7 i - I!C?/L 10. ad( AMMOOOFC i ~ 1 lei REQCJIST FOR STREET CLOb"LJF2E 9 ~6- Organization Requesting Street Closure: Ur--\_h)(;1~'lclul)%~ Contact Person: Jl~wyY I}(.}-`11l` - Address: ~ G Phone Number: Street To Be Closed: \~?Czk' ('0001 //1 bate and Time To Be Closed: 0 I~~ "~.,v}~ _3~(~~~,ly~, Intersecting Streets: t)f7~,1(Ul-~- Reason For Closure: ILA kA I1OV,Vo(l Please complete the lower portion of thin form, ALL property owners and/or tenants affected by the street closure MUST be contacted and must sign below with an indication of being in favor or in opposition to the street closure. v Name of Property owner/ Addreas Authorized Favor/ Tenant of Property signature -oppose r ayr r. rP7 2, LU0 LC v~& a' U 4, ' 5, b, e. 9. 10. AMMOOOFC c. I AAA00E8E n,; ontla Itom s RESOLUTION NO, A RESOLUTION TEMPORARILY CLOSING GATEWOOD DRIVE BETWEEN LAFAYETTE DRIVE AND TICONDEROGA STREET ON SATURDAY, OCTOBER 31, 1992; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Pam Arthur is requesting that Gatewood Drive, from its intersection with Lafayette Drive to its intersection with Ticonderoga Street, a public street within the corporate limits of the City of Denton, Texas, be temporarily closed to public vehicular traffic between the hours of 12:45 p.m. to 3:00 p,m. on October 31, 1992, for the purpose of having a block party; and WHEREAS, Pam Arthur, representing the neighborhood, has assured the City that the property owners abutting the street have agreed to the temporary closing of this road; and WHEREAS, in order to provide adequate space for the said block protect the safety of Denton deems citizens it Zis snewho cessary nto temporarily close a portion of Gateiwood Drive between Lafayette Drive and Ticonderoga Street from the hours of 12:45 p.m. until 3:00 p.m. on Saturday, October 31, 1992; NOW, THEREFORE, THE COUNCIL OF THE CITY. OF DENTON HEREBY RESOLVES: i EC ION I. That Gatewood Drive, from its intersection with Lafayette Drive to its intersection with Ticonderoga street, a it public street within the corporate limits of the city of Denton, Texas, be temporarily closed to vehicular traffic from the hours of 12:45 p.m. to 3:00 p,m. on October 31, 1992, for the purpose of having a neighborhood block party. £~TION II. That the City Manager shall direct thin appropriate City Department to erect barricades on Gatewood Drive from the intersection of Lafayette Drive to its intersection with Ticonder- oga Street, at 12:45 p.m. and to have the same removed at 3:00 p.m. on said date. SECTION III. That this resolution shall become effective .im- mediately upon its passage and approval, PASSED AND APPROVED this the day of 1992. BOB~CASTLEBERRY MAYOR Y: d 49ndo Itnm__. i ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY' BY: 1 C PAGE 2 k r: I~ I - k _ r - CITY COUNC S I 1 Tl- r ~ of , 0 L] b b G~~ - _ P O - - - ~ °0°aoa ccoo~°° TlMmL - } ( f , H: r, AAAOOE72 RESOLUTION NO. _ U v A RESOLUTION OF THE CITY COUNCIL OF THE CITY 01' DENTON, TEXAS SUPPORTING NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENT'S POLICY PO- SITION ON PURSUING A DECENTRALIZED VEHICLE INSPECTION AND MAIN- TENANCE PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE, WHEREAS, the Dallas-Fort Worth ozone non-attainment area con- c sists of Collin, Denton, Dallas, and Tarrant Counties; and WHEREAS, Collin and Denton Counties must implement at least a "basic" auto inspection and maintenance program by 1994 to meet Clean Air Act requirements; and WHEREAS, lack of enforcement of the existing "basic" inspec- tion and maintenance program by the State of Texas results in a compliance rate of 65%; and WHEREAS, other options proposed by the Texas Air Control Beard have merit but do not include a commitment to enhanco the current program for greater effectiveness; and WHEREAS, the Dallas-Fort Worth ozone non-attainment area is not required at this time to implement the other more stringent op- tions recommend by the Texas Air Control Board; and WHEREAS. the City of Denton continuer, to believe that the majority of .its air quality problems are more a result of the wind direction than the number of cars on our streets; and WHEREAS, it has not been proven that any attainable percentage of reduction in Denton County would have any affect on the overall rating of the four county areas; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES. BZ91ION I. That the City of Denton adopts the Consensus.Posi- tion set forth in Attachment 1 developed by the Air Quality Advisory Committeo. SECT 0 I . That the City recommends that the Executive Director and staff of the North Central Texas Council of Govern- ments should actively pursue an Action Plan, afa seat forth in Attachment 2, to enhance the inspection and maintenance program in the Dallas-Fort. Worth metroplex. SECT70N ITI. That the City of Denton urges the Texas Air Con- trol Board to discontinue its plans to implement a rentral.tzed In- spection and Maintenance program in Denton County. If r. r- r -T ';Gl;rs q,F' ~ A SECTION U. That this resolution shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this the day of 199 2 , I i BOB CASTLEBERRY, MAYOR I ATTESTi j JENNIFER WALTERSr CITY SECRETARY 11 BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I l~ Page 2 I r. li . II 'i 00 0 r.nertdaitem 216 E. McKInney/ Denton, TX 76201 / Phone (817) 566-8230 D C17 Y' of DENTON, TEXAS OFFICE OF THE EXECUTIVE DIRECTOR OF UTILITIES I I TO: Mayor and Members of the City Council + THRU; R.E. (Bob) Nolson, Executive Director of Utilities FROM; Nancy Moffat, Administrative Services Coordinator DATE; October, 2, 1992 RE: Centralized Vehicle Inspection and Naintenance Program MEMORANDUM. In November, 1990, Congress passed the Clean Air. Act Amendments which, when implemented, expanded the nonme onlyaDfor ozone to include Denton and Collin counties (previously As a result, the Tarrant counties were classified nonattainment). aro considering Texas Air l Board in mplementing ntarocentralized Cvehicleioinspec,Ition A and maintenance implementing i program in Dallas, Tarrant, Denton and Collin counties which will include emissions testing on all 1968 and newer vehicles and tes separate repair e £ormedThis atwill centralizedtlocations, thetsafety all vehicles will l be be p p inspections performed at local dc.)nand anydrepair.sn needed will be etc.) stations, auto repair shops, , performed at still another location which must be certified by the Implemntd a basicsvehiclevinspoction and main enrancea counties in 1990 and locthosee twoor encouraged to all wed to mo t likely8ebeh tr equipment, continue utilizing a decentralized system until, 1996. The number of centralized locations is currently being determined by a consulting firm hired by the state. The preliminary criteria for the number of stations is that, each elf will bealocated each serv within a 5 mile radius of. 80% of the population each station has by that station. The number. of citizens served by e yet to be determined. The concept of a centralized vehicle inspection and maintenance program for Denton and Collin counties has been fought vigorously vehicle ins ColliEnl counties and on the pEctn basis and maintit is enance unfair implement program str 't than will be required in Dallas and Tarrant. Furthermore, the DEDICATED TO QUALITY SERVICE 1 Pag4 9 compliance rate for the current system is only 65%. The large number of dollars which will. be required to build and operate the centralized locations could be better spent by enhancing enforcement of the current programs, The North Texas Council of Governments Air Quality Advisory Committee (AQAC) agrees. c Therefore, AQAC has passed a resolution asking the Texas Air Control Board to pursue a decentralized vehicle inspection and maintenance program. In addition, AQAC has asked all those cities and counties involved to pass resolutions in support of a decentralized vehicle inspection and maintenance program. * I The state has let a contract with an engineering consulting firm to determine the number of centralized locations which would be required. That information is due to be submitted to the Air Control Board in mid to late October, The TACB is due to make their determination of a centralized or decentralized program and for which counties it would apply by the end of 1952. + I 1. Ia , ,I ~~Jondla UPI)) MDCMYI IOW CYNO/Y Gw ¢.nYM1 ' - J 1 04, 4 D71 yy iF1 ' ~,C,1V t North Central Texas Councll of G vernments 4,YOU NEED TO ADOPT POSITION ON CAR EMfIO, y1 TESTING (INSPECTION & MAINTENANCE) PR R,~r s y , The Texas Air Control Board (TACK) is proposing a centralizedvh~'g't#.reef}°,~~~ emissions testin in 1984. This g program for cars in Collin and Denton Counties, beginning type of sy,,tem will be required by law throughout the 9• county, metropolitan area it our region does not achieve the ozone standard by 1996. Currently, Dallas and Tarrant Counties have a decentralized type of emissions testing program, However, according to the TAC9, about 37% 1 of all cars are illegally evading the program and not getting tested. Enforcement of this program is Inadequate at this time. After discussing the TACK proposal with local officials aria other partles in, the regloq, the Air Quality Advisory Committee of NCTCOG recommended a regional policy position to expand the existing decentralized emissions testing program into Collin and Denton Counties, .and seek improved enforcement by the State. h:. . NCTCOG's Executive Board formally approved a resaluflo adopting this position, at their July 24, 1992 meeting. An aggnassive program to reduce emissions, particularly from cars and trucks, is essential to the Oaslas•Fort Worth area, and at this time, our region sees more benefits in a decentralized than a centralized program. We will contlnue to work closely with the Texas Air Control Board to develop a comprehensive and effective vehicle air quality program to bring significant emissions through a regional effort. The Texas Air Control Board and the Texas Legislative Joint Committee on the Environment are both soliciting commenta through public hearings in the coming.weeks, Please adopt a resolution similar to NCTCOG's before September 10, 1992, and forward your position statament to the State (contact information on ~Vq back). a N I A Nrronoa No. ApE~ntfa Itum_1~~ MMCMYY Iryy ~oWIYSFFM1wl - ••~,~a`atitt 9zp2~ North Central Texas Council Of Girnmanta ~ N YOU NEED TO ADOPT POSITION ON CAR EMI, SlO~ 9 415 TESTING (INSPECTION & MAINTENANCE) PRt F vy r The Texas Air Control Board (TAC13) is proposing a centralizedvhi ' 6tim emissions testing program for cars in Collin and Denton Counties, beginning 4 in 1994. This type of system will be requirrd by law throughout the 9• county metropolitan area if our region does not achieve the ozone standard by 1996. Currently, Dallas and Tarrant Counties have a decentralized type of emissions testing program. However, according to the TACK, about 37% of all cars are illegally evading the program. and not getting tested. Enforcement of this program is lnarlsquate at this time. After discussing the TACS proposal with local officials and other parties im the region, the Air Quality Advisory Committee of NCTCOG recommended a regional policy position to expand the existing decentralized emissions testing program into Collin and Denton Counties, and seek Improved enforcement by the State, h . NCTCOG's Executive Board formals approved position, at their July 24, 1992 meeting, An aggressive lprc'gramtot reduce emissions, particularly from cars and trunks, is essential to the Dallas-Fort Worth area, and at this time, our region sees more- benefits in a decentralized than a centralized program, We will continue b work closely with the Texas Air Control, Board to develop a comprehensive and effective vehicle air quality program to bring significant emissions through a regional effort, i The Texas Air Control Board and the Texas Legislative Joint Committee on the Environment are both soliciting comments through pugllc hearings t coming.weeks. Please adopt a resolution similar to NCTCOG's before September w, 1992, and forward your position statement to the State (contact information on the back), a t ti Attachment I ! North Conual Texas Council of Governments Air Quality Advisory Committee 5 CONSENSUS POSITION AUTO INSPECTION $ MAINTENANCE PROOAAM DALLASIFORT WORTH METAOPLEX June 10, 1992 0 This region supports a cooperative, com-o l"Ne approach to reach air quality goals. o The solecilon of in UM program should be undertaken in conjunction with other control strategies as part of a comprehensive-Slate Imptemanialon Plan development process, Cost ettedrveness of 9x1 program should be developed. o Under the Clean Air Act, moderate non•attainmani areas, such as the 4-cdunty Dalla$-Fwl Worth area, are not required to implement Centralized tigh•lech' programs at this time. o Test operators now using the 2-speed lest 'Bair 90' technology in Dallas and Tarrant Counties need an opportunity to recoup their investment over the next 9.4 years. 0 Decentralized programs can significantly improve emissions reductions it enforcement compliance reaches 90 percent. o Current Ilmetadle is proposed by TACS, hosed upon TACB S Department of Public Safely preforencs for cultralized system in the OallawFort Worth area. o TACS should consider funding and developing a more eNectfve enforcement program to support me current decentralized network, instead of switching now in favor of new technology, Nearly S20 million a year is relurn*4 to the general fund from teat fees in our area, only a email portion of which is now allocated In return to enforcement of the test program. n o TACB should await published guidance from EPA and evaluate the effectiveness of other centralized 'High-tech' systems before recommending suds programs in OallaalFom Worth, In addition. MOBILE 5.0 sorbvare is fonhcoming, with effectiveness to be quantified with its use. 0 Existing options reduce the Incentives for a n(ne-county Integrated program. o The •ltecUveness of the 'high-tech' test has riot been demonstrated ll.e. would more vehicles fW this particular lest?) o Some options would require up 10 four trips: safety check, initial emissions Inspection, repair if needed, and completed inmpectlon. This would resuh in great inconvenience to car ownars, o The TACO options propose confusing systems based on model yews and various locations. A confusing system *o01 hurt the credibility of the program, o There is no clew guidance from Slate at this time whether the Oalles•Fort Worth area needs to lochs on i` k r. k , 4 it r.i i rt A{jcrirMNn .~lls:h_rw omu NOx testing and control strategy. This issue may be clarified in the next 12.18 months. o There is no demonstrated ehectiveness for the pressure test. H the test is indeed necessary, options t other than testing as part of a centralized em1SSions lest could W considered, lot example, by asking car manufacturers and dealers to conduct the pressure lest. : I o Nalional data from EPA indicate that 10 percant of vehicles produce neatly 50 peresnl of mobile sours 1 emissions, A cost eifectlYe program should target these gross polluter. RECOMMENDATIONS I, Texas Legislature should provide sufdctent resources d powers to the Texas Air Control Board to Arad aggressive enforcement of the decentralized program through the Department of Public Safery slid focal alr pollution control programs, t The Callas/Fort Worth region should pursue the option of Collin and Donlon Counlies implementing a decentralized inspection and maintenance program. The perimeter counties of the Dailaa-Forth meleopotitan region (i.e., Parker, Rockwall, Johnson, Ellis, Kaufman) should be asked to consider opting for some form of a 0e51c )M program, 4. TACK should consider frnpfementatioa of a decentralized computer system, with reaMime enforcement capability, to reduce/romove the discrepancy with centralized networks, If the TACK needs additional funding to implement the computer system, then the TAC8 should seek funding from the Legislatwe. i i ti r. . i~ it M f 1 hy~on l i fh. ,lnachment 2 a Nonn Canlral Texas Council of Governments 5•POIN r ACTION PLAN TO CARRY OUT REGIONAL NEEDS FOR AUTO INSPECTION 6 MAINTENANCE PROGRAM June 10, 1992 1. Request Prlorhy Attention to Enforcement of Auto I/M program, The current decentralized basic VM pfogiam could most EPA effectiveness requirements it lhs partfcipatlon rate from target cars could be raised from 65%. Current enfofcement resources are not adequate to provide the necessary compfianee level Emssions Iasi feed callWed by the Slate are not fully allocated to the Inspection 6 Maintenance program needs. NCTCOG should contact the Governorb Of4ca Slato Legislators and the Texas Air Control Board and request adequate resources and powers be made available to the Department of Public Safety and fora! air pollution control programs to provide necessary enforcement, 2. Solleh State Commitment to a Decenirollzed fnspecilon A Maintenance Program In the DlFW area Our region believes that centralized programs are premature al this time. On the other hand, we seek a commitment to improvelenhanee the existing decentralized program. NCTCOG should sollcit support from the Slate raguding this position, 0. Enhancomsrits toa DecantralUtd Inspection 6 Maintenance Program. Request the Texas AirConuol Board to examine imprcvtmenls in the existing Inspectlon program by, for example, moving up the Implementation dalso of Denton and Collin COun inspscilons, adding other Whrcte lySIOmf to the testing procedure and reviewing the existing method of the current gas analyzer lost. 4. Explore Full Range of UM Options through SIP Process. The OalfaslFort Worth is on a fastllfack schedule to develop, under TACS guidance, our share of the Slau Implementation Plan over lie next 121E months, In Ihle effort, NCTCOG should fully oxplore the various options available to ourrreglon. and evaluate cosaeffecl venosa, 5. Iftaprrcilon Testing for New Cara. Federal law currently prohibits emission testing On new cars . Although some evidence exists that not all of the omission co, ',of systems on vehicleo us fully operational when parchued. Pursue with federal aulhoolles the cost and offscWoness of changes in this position R` T, r. • n A large amount of hydrocarbon pollution comes from relatively few cars with "dirty" exhaust 100 so 80 70 ; 60 Normal Emitters d So Nigh Emitters 4A r Super-High Emitters 301. 20 10 ' • cii d lq in • lid.. -1 0 Percent of Reel Percent of Emissions 5a~rce, EPA, 1990 U i (f e y t. :CITY ` COUNCIL F ooooAloaano~o~ov~a ' O . o UG - Q 03 DOVVOO r O N t k oo~~+~+ - r. r,o n y+ N . CITY COUNCIL RFPOJt'I' TO: Mayor arcs Members of the City Cotmcil FROM: Lloyd V. Harrah, City Mar)ager O (J SUBJECT: City/County Library Contract for 1992/93 4 DATE: October 5, 1992 RFCOMMEA)AT'ON: A Resolution authorizing the Mayor to execute an agreement between the City of Denton and County of. Denton for the provision of library services; and providing for an effective date, SUMMARY: RESOLUTION ATTACHED. BACKGROUND: PROGRAMS, r!P GROOPS AH:14 E'FE FISCA1,1 PACT' while it will not cover the cost of services, it defray some of the expenses. i I.1" ilflr~~!TFi'U; Ll rydT'V. Il,rrrc~I l _ (:icy Manager Preparod by: JO1sLLA ORR r 01 ' 1 t 0 LIBRARY UIR iC1'OR Approved: Name #xx S i t l e E DIRI',C'fOR MUNICIPAL SERVICES ,<< ECONOMIC DI?VELOPMENT , c v, i 9 f /lA r I MEMORANDUM Aj 1 1 o DATE: October 51 1992 TO: 3ETTY MCKEAN, EXECUTIVE DIRECTOR MUNICIPAL SERVICES & ECONOMIC DEVELOPMENT FROM: JOELLA ORR, LIBRARY DIRECTOR SUBJECT: CITY/COUNTY LIBRARY CONTRACT FOR 1992/93 Attached is our annual contract with the :bounty that provides library service for people in Denton County who live outside of the City of Denton. While it will not cover the cost of services, it will defray some of the expenses. i JO ORR f uO:js AHH00106 Attachment , I f~ [ VP i; WHO t`"`i (c y ~ l it r Et ' ! kS 'sy ~~~il~l~1}~Ii7 i4L A f at~s h'it R ~XZ F,iM" t;V P+~'ti'~;d~l~fAt,' t..,N?~ SzUNPIN r.. ~a~~f r Ji ILL e:\ U bserv.res\1100.3.1 1LI-, RESOLUTION NO, c A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON FOR THE PROVISION OF LIBRARY SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE, I » THE COUNCIL OF THE CITY Of' DENTON HEREBY RESOLVES: a { SECTION I. That the Mayor is authorized to execute an agree- ment between the City of Denton and the County of Denton for the provision of library services under the terms and conditions con- tained in the agreement attached hereto, SECTION II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1992. BOB CAS'TLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY By: f i fk t. M~ndaNo. _,.97_;Ql _ nnantla Itnn._ ,4' 71 STATE OP TEXAS, ) ITt±n r:y..% COUNTY OF DENTON. INTERLOCAL COOPERATION„AGR$MENT FAR LIBRARY SERVIOES THIS AGREEMENT is made and entered into by and between DENTON COUNTY, a political subdivision of Texas, hereinafter referred to ao "County," and the CITY OF DENTON, a municipality of Denton County, Texas, hereinafter r,iferred to as "Municipality," WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county gov- ernment and related services for the benefit of the citizens of j Denton County; and NX EREAS, Municipality is a duly organized municipality of Denton County, Texas engaged in the provision of library service and related services for the benefit: of the citizens of Municipality; and WHEREAS, County and Municipality mutually desire to be subject to the provisions of V,T.C.A, Government Code, Chapter 791, the Interlocal Cooperation Act; and Chapter 323 of the Local Government Code. NOW, THEREFORE, County and Municipality, for the mutual consideration hereinafter ste-.ted, agree and understand as followst tN~~;w.oun~, coohesxnov naxtasan~~"r • Llnunhr M-S; I ON COUNTY • CI'T'Y OP DINTO,N 2 f l l Vj n~:tnnda Itoln_/_ic :s~7~._.••_-_ Tile term of this agreement shall be for the period fr m October 1, 1992 through September 30, 1993. II. For the purposes and consideration herein stated and contem- plated, Municipality shall provide Library services for the e residents of County without regard to :race, religion, color, age and/or national origin. Upon prober proof by individual(s) of residence in Denton County, Texas, such individual(s) shall be entitled to be issued, at no cost, a library card to be used in connection with said library services. I ' III. I County shall designate the Country Judge to act on behalf of r County and serve a!; liaison officer for. County with and between I County and Munici,.)ality. 'the County Judge or his designated substitute shall insure the performance of all duties, and obliga- tions of County herein stated and shall devote sufficient time and attention to the execution of said cluties on behalf of County in full compliance with the terms and conditions of this agreement, and shall provide Immediate and dit:'ect supervision of County's employees, agents, contractors, sub-lon'c.ractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit: of County and municipality. 1%11.RklC,t!_C001THATIUV'ACkJ-*LN1F- 1'• [.111RARY 2 Iqi,\"I'q\ CUl\Il' • CI'fl' OP 111iNf11\' - c r. ~rr.~c 1! r IV. Municipality shall designate _ to act on behalf of Municipality and to serve as liaison officer of Municipality with and between Municipality and County to insure the performance of all duties and obligations of Municipality as herein a stated and shall devote sufficient time and attention to the execution of said duties on behalf of Municipality in full compilance with the terms and conditions of this agreement, and, shall, provide immediate and direct supervision of Municipality's employees, agents, contractors, .sub-contractors, and/or laborers, if any, in the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of Municipality and County. V. The Municipality shall be solely responsible for all tech- niques, sequences, procedures, and means and for the coordination of all work performed under- the terms and conditions of this agreement, shall insure, dedicate and devote the full time and attention of those employees necessary for the proper execution and completion of the duties and obligations of the Municipality atated in this agreement and give all atten'ion necessary for such proper supervision and direction. rs,rrsr<r.icnr.coo rrrtnnos,%(;ir:.vi r.micut), UriN°ros Cc~l'S'f l' Cr'f t' oP URN1Y~.\' 3 i` i r wPRWF+W+t-fir -~-~-~r----- „ C, 3r hi~iirlaPJo. ~L-- Aganda ncm__ aC _e 71-1 Hilo __~40 71~/ . VT. County agrees to and accepts full responsibility for the acts, negligence and/or omissionE,, of all county's employees, agents, sub- contractors, and/or contract laborers and for those of all other persons doing work under a contract or agreement with the County, Vii. The Municipality agrees and accepts full responsibility for the acts, negligence, and/or omissions of all the Municipality's i employees, agents, sub-contracts, and/or contract laborers, and for those of all other persons doing work under a contract or agreement with said Municipality. VIII. This agreement is not intended to extend the liability of the parties beyond that provided by law. Neither Municipality nor County waives any immunity or defense that would otherwise be available to it against claims by third parties. IX. Municipality understands and agrees that the Municipality, its 4 employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents and/or representatives of county. OYTFRLOCAL COOITIIAI ION AGRI`.E%fLNJ - LIBRARY DYINTO,X COUNTS'- CITY OF DrXION i l All N v. N i ~E Agsnda ltom._.I&L .L l~. Y, . County understands and agrees that County, its employees, servants, agents and representatives shall at no time represent themselves to be employees, servants, agents, and/or representa- tives of Municipality, X1. The address of County .is: County Judge Denton County Courthouse-on-the-square 110 West Hickory Denton, Texas 76201 Telephone: 817-565-8687 The address of Municipality is: City of Denton 215 East McKinney Denton, Texas 76201 Attention: Lloyd V. Harrell Telephone: 817-566-8200 i I IN IT;k LOCAL COOP1tkA'I'10\ At:kPa?J11;\"I' • I,IH1tAk1' IMN fO?7 COUNTY 011' Or III'.S'I ON 5 C r. r X11. For the services hereinabove stated, County agrees to pay Municipality for the full ierformance of this agreement, ONE HUNDRED EIGHT THOUSAND ONE HUNDRED TWENTY-FIVE DOLLARS ($108,125.00) to be paid in equal quarterly installments commencing e ~ October 1, 1992. Included in the above figure, County agrees to pay Mur'c;ipality SEVEN THOUSAND FIVE HUNDRED DOLLARS ($7,500) in matching funds upon the Denton county Auditor's receipt of proof from the Municipality that revenue from sources other than Denton County has been received and that this information shall be provided each quarter to County and will be matched in full each quarter until such time that the $7,500 has been paid. County understands and agrees that payment by County to Municipality shall be made in accordance with the normal and customary processes and business procedures of County. XIII. This agreement may be terminated at any time, by either party diving sixty (60) days' advance written notice to the other party. In the event of such termination by either party, Municipality shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses theft due and as authorized by this agreement. In the event of such termination, should Municipality be overcompensated on a pro rata basis for all services performed to termination date or be overcompensated for reimbursable expenses as authorized by this agreement, then County IN "I I'R LOYAL COO I'F.RM ION AGRR'FNI :.Y7' • I,I III? WY IILNTON COUNTY. CI'F}' OF DENTOA' 6 \ r, r. i k (I 1 Aoonda RAO._....L4_ shall be reimbursed pro rata for all such overcompensation. /0 Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. ~ XIV. This agreement represents the entire and integrated agreement between Municipality and county and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument P signed by both Municipality and County. XV, The validity of this agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, this agreement shall be performable and all compensation payable in Denton County, Texas. XVI. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible, X11. The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are Is IY.RLOC'%I. CO 017?RA I ION AG 1011 HPAT IJ RU Ut 1' DES'[ ON COVNIV CI'I'V of 111,11"I'O.V 7 Y ;t 1. 1Ac c nda Itom_ i~SS '--Z?- shall be reimbursed pro rata for all such overcompensation./6 /o Acceptance of such reimbursement shall not constitute a waiver of ~JJ C any claim that may otherwise arise out of this agreement. XIV. i This agreement represents the entire and integrated agreement I between Municipality and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument +~et signed by both Municipality and County. Xv, The validity of this agreement and any of it:.,; terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. Further, i~ this agreement.. shall, be performab_:e and all compensation payable in Denton Cou,ity, To xes. XVI. In the event th;.,c any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible, XII• The undersigned officers and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are I,\"nS[U.OC,IL CU01'i?ItAl70\ AGlf l',G\11f 11' Lllf ftUiS' 1711,X'I'uV CoLr\"I'1' • Ci'I Y OP tN:N'I'uS 7 S° 1 Y. ,i a Rom--- now in full force and effect. Executed in duplicate originals in Denton County, Texas by the t authorized representatives, COUNTY MUNICIPALITY * I By By COUNTY JUDGE u uv Name: rr" Title- Date: _ _ Date;_ Acting on behalf of and by the Acting on behalf of and authority of the Commissioners by the authority of the Court of Denton County, Texas Municipality ATTEST: By _ -Denton County Clerk APPROVED AS `PO FORM: 1 ~ _ 61, ~ Assistant strict Attorney INTERLOCAL COOPERATION AGRFK%117A I' I.111RANI' I)ENION COGN"!'Y • CI'T'Y Of 11P?'TO.\' r T HANDOUT TO COUNCIL 10/6/g2 MINUTES Citizens Traffic safety support commission rr October 5, 1992 PRESENTt Edna Redmon, Eric Jackson, John Erwin, Carl Guess, Betty Duncan, and Vice-chairman Alice Gore ABSENTt George Kay, Terry White, and Doug Chadwick STAFFi Paul Iwuchukwu, Staff Liaison Captain Dotson, Police Dept ' Manuel Coronado, Traffic Supervisor Lots Scobee, Admin Secretary ITEM1'1 nPPROVAL OF MINUTES FOR SEPTEMBER 14. 1992t Erwin made a motion to approve the minutes as written. Jackson seconded the motion. Motion passed unanimously. ITEM 2 BRIEFING S THE CITY ATTORNEY,,__ Jerry Drake, Assistant City Attorney, came forward and presented a written document from the Legal Department. ThJ.e document outlines the creation and powers of the CTSSC board. The main thing to remember is that boards and commission are creatures of stags law. As creatures of state law, they have only the power that's conferred upon it by the inflictable legislation. In this case, it would be an ordinance that created the CTSSC. Therefore, the commission can only exercise those powers conferred upon it by that act that creates it. An a board member, you have no individual-authority, You only act as a board. As to the source of your powers, refer to a copy of the act, Article 3, Chapter 1 of City Code of ordinance which sets up the general rules for all boards and commissions. A copy of any rules or regulations are there on the board you serve. For example, a question arose about a procedural mater involving this particular board. It cannot be found where CTSSC has adopted any particular rules of procedure. The City Council has adopted Roberts Rule of Order to transact their matters. It is not required but that would be eomething else you would be bound to turn to. Drake said there are two klncta of boards - govornmental and advisory. Governmental boards have law making authority or at least quasi judicial authority. The CTSSC board is an advisory board. The important thing is that an advisory board in not required to comply with the Texas "open meeting" act. The act basically requires that items to be discussed in a meeting must be pouted on an agenda such that it gives reasonable notice to members of the public on what will be discuseed. It also has some requirements on open and closed sessions. Hot ever, the legal department recommends that the commission follow the "open meetings" act. Drake said on the issues of conflicts of interest, there are two or three provisions on ihich an individual should abstaiis from votin„ There are statutory and common law conflicts of interest. Under state law, Chapter 171 of the local government code applies to all public officl.ale of local govarnmental entities including board members who exercise responsibility beyond those that are merely advisory in nature. The law makas it unlawful for a local government official to participate in a voters decision on a matter involving a business entity or real property in which the individual has substantial interest if it is reasonably foreseeable that an action on the matter would confer an economic benefit on the A t~ CTSSC MINUTES October 5, 1992 page 2 yl business entity. A substantial interest in a business entity is if you own 108 or more of the voting stock or own $5,000 or more of the t fair market value of the business entity or if the funds received by the person exceed 10% of the persons gross income of the previous o year. Substantial interest in property is defined if the interest is an equitable or legal ownership of the fair market value of $2,500 or more. This does nor, apply to advisory boards but would probably be a good idea to use it as a guideline but is not required. The act requires that an official prior to the board voting on the mater must file an affidavit with the City Secretary stating the nature and extent of the officials interest. Secondly, the official must abstain from voting if the mater will have a special economic interest affect on the business entity or Is foreseeable that its action on the mater will have a economic affect on the value cf the property. Issues have risen from Section 14.04 of the City Charter. It provides that no officer or employee of the City of Denton shall have a financial interest direct or Indirect in any contract with the City or be financially interested in the Bala of any land, material, supplies or service except on the behalf of the City as an officer or employee, It provides that any willful violation shall constitute malfeasance and the officer or employee guilty thereof shall forfeit his/her office. This is important to this particular board because it is riot limited to the government boards. It also includes advisory boards. These matters are considered on a case by case basis. If questions arise, please call the Legal Department. Drake said some boards and commissions have expressed questions about liability while serving as a commissioner on a board. No person shall be held liable from a decision made as a board member. Drake concluded his briefing reiterating that if questions arose to call a staff representative or the City of Denton Legal Department. ITl';lm 02 q_k8RKXq _ON BgTH SIDES OF GROVE E KT: Iwuchukwu presented the request, fie said staff received a request from residents on Grove Street requesting that both aides of Grove Street be designated as "no parking". They expressed that the street is very narrow and whon care are parked on both sides of the street it is difficult to maintain two way travel. There used to be no parking designated on the south side of Grove Street. About 3-4 weeks ago, a citizen contested a ticket for parking on the south side, As a result, staff investigation led to the fact that there was no ordinance for no parking on that aide of Grove Street. So, staff members removed the no parking signs. This aas haw the request originated. Staff agrees with the fact that the street is too narrow for two way travel with parking on both sides. The physical plant for Texas Woman's University is located on the east end, Grove street appears to be a small street but it is heavily utilized. If a big 18- ABE001BB \ 5 a CTSSC MINUTES October 5, 1992 page 3 wheeler is coming out of the physical plant and they often do, it is always difficult for them to negotiate that turn. Especially, when they are turning from Grove street into Frame or from the physical plant into Frame. There are four property ownere on the north side of Grove street. TWU is one of the four owners. They own three lots, 3,5, and 6. ° All of the owners on the south side are in favor of no parking 24 hours a day. on the north side, there is only one owner that is not in favor of no parking 24 hours a day. She was concerned that guest might be ticketed during visits. Grove street io a major travel way r for TWU vehicles. Based on exceeding the 804 percent approval of owners, staff recommends no parking 24 hours a day on Grove street. i Keith Shelton, 621 Grove, came forward to address the commission. He said he had lived at this location for 27 years. He spoke also for his mother-in-law at 618 Grove. The problem ham many aspects. One is that some of the TWU physical plant workers park on the east end where he lives. The first one comes to work about 400-500 a.m. and parks near his bedroom window. There is inevitable noise. A TWU garbage truck comes down through there early and late. There is parking at the physical plant but the workers don't rai:k there. By 8:00 a.m., TWU students are parked on the rest of the block. Delivery trucks, 18 wheelers, come down through three at all times and have great difficulty maneuvering those Btre<,ts. In addition, it would be difficult for an emergency vehicle tr, get through there. There are two TWU buildings on the other end of the block on Vine street. One is a classroom building and the other is unoccupied. The people who park on the block frequentl,, extend out over the driveways blocking driveways making it d.lffl.;ult to get in and out. Occasionally, the officer comae by and tickets those and that particular driver doesn't do it again but others do. In the interest of safety and convenience, they fell that no parking would be advisable. Martha swain came forward to address the commission. She said she teaches at TWU and lives at 613 Grove street. Personally, she feels it would be great to have no parking on Grove street because most people would like for their street to be clear of traffic. She would be satisfied for it to go back the way it was except to permit parking on the north Bide. It is too much to expect that the whole street be opened up. There are TWU staff people who park on the north 'side and she is sympathetic to women who come in every morning about 4:30 a.m. and park there. It is hard to think that anyone is real nolay going to work at 4:00 a.m. TWU maintenance personnel could park on East college and they wouldn't have to walk too much further saving them $35 a year that in charged to park at the maintenance building. She said $30-$35 to be paid by someone making minimum wage Is a lot of money. They could park on East College before all the students get there. Thone students who normally park on East College would just be pushed somewhere also. If the City or TWU would police the area where they park over the yellow spot, hang AEEOOIBB ,v 1 CTSSC MINUTES October 5, 1992 page 4 out in the street, perk in front of the fire plug, etc she would be In favor of parking on the north aide. Gene Yale, 600 Grovo street on the south side, came forward to address the commission. She asked if the proposition was an either or consideration. Either no parking on both sides or one side. Gore said the commise:i.on will make a recommendation after everyone has spoken. Yale asked if no parking could be passed on one side and the whole f, process wouldn't have to start over? She said she was at. least in favor of no parking on onu side. It needs to be changed from what it is now because It is a mesa, rwuehukan said becaueie of the overwhelming support in favor of no parking 24 hours a day nn both sides of Grove street, staff recommends approval of an ordinance for no parking 24 hours a day on both sides of Grove street:. Consideration was taken concerning emergency vehicle access which is also a priority. This has been us,ad in other areas to post: no parking on a designated street. Erwin said, there hats been problems getting an ambulance and fire truck down in that a:cea even when there was no parking on the south side. Swain asked what ahout people who come to visit. Would they be allowed to park on the street, Gore said no. They would be liable for a ticket. Swain asked if TWU could guarantee that maintenance vehicles won't barrel down the stroot if there is no parking on both sides. Erwin said he couldn't guarantee that but TWU will work it. Captain Dotson might. Dotson said he couldn't guarantee anything but would assist. He suggests a fire lane could be designated on the south side of Grove street. This would allow for immediate towing. J Erwin said a fire lane on the south side was a good idea because it l would allow for immediate towing and then post north side no parking 24 hours. Jackson asked whvss the residents signed the petition, were they signing for 24 hour parking on both sides or 24 hour parking on the south side and limited parking on the north side. The recommendation has been changed since the agenda packet cams out. t What were the peoplo signing for or against? Iwuchukwu said they were signing for 24 hour parking on both aides of the street. Jackson said the original staff recommendation wasn't that. Iwuchukwu said that was based on the complaint received by Me. AgEO01BB r. 1 d CTSSC MINUTES October 5, 1992 page 5 Swain. She e:as worried about guests parking. She was also worried G about students. She expressed that it was a problem to not allow parking on the north side. STAFF RECOMMENDED- Approval of no parking 24 hours on both sides of Grove } Street COMMISSIONERS- Erwin said he would like to amend staff's recommendation to making the south side a designated fire lane and the north aide no parking 24 hours. Guess said in effect both sides would be no parking. Guess seconded the motion. Motion passed unanimously. ITEM 4 NO PARKING ON BOTH SI-PES C,F NOTT-VNGHAM STREET- Iwuchukwu presented the request. He said construction is nearing completion on the Nottingham extension. This is a connection between Mingo Road and University Drive. The Denton Bible Church m ms property on the west side of the street between 380 and Mingo 'quad. The congregation of this church has grown very rapidly over the past few years. Currently, City polies conduct traffic on church days. The church has built a parking lot on the west corner. Staff is concerned if there is no parking restriction on Nottingham there will be some overflow parking from the parking lot into the streets. Nottingham has been designed and constructed as a four lane roadway. if parking is allowed on any one side, there will be obstruction of traffic. Staff also anticipates that this small roadway will be functioning like an arterial street even though the speed limit will be designated at 39 mph. Arterial traffic is characteristic of above normal speeds. From the normal city standatdo of operation, parking to not allowed on arterial streets. Staff is requesting that the commission approve no parking on both sides of Nottingham 24 hours a day. This will eliminate any over flow parking on Nottingham street. It will also eliminate chances of collision or pedestrian-vehicle accidents which will expose the city to liability. F Duncan asked if Nottingham was four lanes coming up to 380 going north. There are two lanes on Nottingham coming up to 380 when ycu cross 380 going south on the new Nottingham, it will be four lanes. What distance is that from 380 over to Mingo? Iwuchukwu said about one quarter of a mile. Duncan said it looked like a speed way would be created for a 1/4 mile. Iwuchukwu said one of the limiting factors is that the street is winding. It is has a compound curve and this will be a deterrent. Guess asked Iwuchukwu to indicate Mingo Road on the transparency. core said there are no businesses on this part of Nottingham. Iwuchukwu said that is correct. The nursery is on the eaut side. Iwuchukwu said the posted speed limit would be 30 mph. AEF,001BB f c , F L ii CTSSC MINUTES October 51 1992' page 6 Dotson said there has already Leen a problem with vehicles parking cn Nottingham from church services on Sunday. They are having two services. i Duncan asked where Riney's Nursery was located, Iwuchukwts indicated on the southeast corner. Duncan asked what's further south. Iwuchukwu said there is nothing. Duncan asked what it is zoned. Ivuchukwu said he -hought i residential or mixed use but that he wasn't exactly sure. STAFF RECOMMENDATIONi Approval c COMMISSIONERS: Duncan made a motion to accept staffs' recommendation. Jackson seconded the motion. Motion passed unanimously. , I AEEOOIBB r.