HomeMy WebLinkAbout01-19-1993
, t~.
I h _ ~ A r ~ ~N =1 4i 1 r A i I _ Fi
` ~ / f
,IrI t t 1" " ' • ' ,at ,
1 p}+' I} 4' r fiC1
4 14~, . tiro II ' ) r..:. ti h, f a f ,1 ~ r til
a 4 I L, f ,'I ' I , r , , ' { , r I {yI ' IA~.Fy~F 7 i + , , ' ' r , y
5y t Fl 1 1' ! ~ ~ ~5 ~ f ~ i I F~ I r ; j
, I I ti ~ , 2 , ~ , , ' x .-I.1 1 f'' Ir E 4 a p1~1~ ';k-.r ' '
,7, i S. ' iwf s atS { S' r. r i ° 1 '1 {.t It I ; ' 417y#. l IJJ I i j #,l }
IS' i' h R 1q, # o. r tu1r~ b 1'rA f, h`. I ° 11, , r r.• f .N " RIIn'4 w JII r,'
I 11 r > , ! t 4
<I u r ~f ii ( I u2 r ! [ {
~6. 1 1 ' 1 'IV x}' r r s, j : 1 ! M j,r I',, I 1, r F S t { 1 , r,
{ r t7
r ,I F, 1 ti " zI v `1 i J I{.. , , I r { r 1 I r r { t r
„ w 'r al;
,s T 7; , i ` t 1 f f yr I . / r' , i11. f c
I .1 f'}'{.1 1 d. r. r v r t 1 k 'f by
r o~ VA T N
T3 A a A I so"INO ° iI ItAII VACANT
~,'v+ I a I ' f'` A0A1 10NIN
~ i~}'i A~ I#1'~d, rt~~ f 44 ~°nn5'~. •.r'I ~'r li urA p~rf . . 1 'd.# ~p" k% " VAA0 'r C.'.t'; r'~
q1I I t'," ,#°4r ~~i rl,?;, r, , 1, i ~
pJ a inn" , I Y bi i t 1 r.. q1 1 i " N 4 ! 1,I j ~1 ' a. , 4 ` ~!I r
! - ~ _
- I . , , ~ ~ I i , I i ' i ~ ' I ~ I . I ~ , 0 1 ~ r 4. I ~ i I I , I -
4 1 , I ~ ~ ~ 4. , j , I . , ~ ~ " . I ' - ' I I ~ f ii I - ~ - I . .1 , , (
' 1 „ I J i w , t Q ° ' l& 1 7 r 1 ,~,w a I i, T { . t ~ 1 jE t~.(! k' I Ar
is r I '''f ~Q , i n , 11 3 Ir'r tFd~ ' N A 'I 5' ' "
7 2 9 "#}ri{tt I t,, a ,Y x t 1 ' ,e" ! '""j1y~:~ 16~ • + ,''S w!
~.I ~0 f r t y}rf I 1
Y .1 n 1 1 r 1 1 a t~ Y' f 5 r," V T ra. ' , 'i , a y ; I''ir I
li , rR v. ''ti P I v ia' F F
{ , , , ,4 , t , v , 'p .Y II l;
vudy 1 fI I , , I" . , 1, 1 l 1: 1 t , e, r., "y~ {
r r i ` I i, , ~ 1 . I @ r i11 0~ §e }r { e
i' ~Ji I ~'i ! 'n ' iy ~ ~ 20 Y r, L , A, I, & ' , . l r 1{
7 Ini t I 'Ei 11ti 1 J. '7 y 4~{dry • k 1 e 1l,~ i''
!-".'t ~ l y r~ l liv or 41 PHASE 1 I 11
' ' . 1 ~ j : 1 , l,< ' .fir . 1,1 , t , ~ ~ r - . , 10 ~ ' ~ I ~ (D -
I , I I I .
- ~I ' ~IY - I oc~ 1 N ?n .g, ( ,
1 I ~ . ` to
/ MAlON111f # ITE[l r!N 4 _
fl @ , I I.,;r. i;, „ _ MAI 111I >p ( ,i
il. ~r~
I i"' S ,,4",. , r b r 4 X01 cI I
! 1r , ` , I tAk ' 1,, a y'. Q 0 i { 4 ) 11 7 14'
N 1 , J* 19
a
e & I m" i cill ~ ,
i A I 'I. a i:' { f I. , t ' r , 1r / " th }'1
` s t r 1 r Wa„ F rKy 4 Y~ v i" I p{ , .'fir t rS`,Y 11 yf} f# , , T1. ~ t~ , t {
,7a~i.. , " 1 fit.: t I ~"1J ,I I , , f~, I, p' A,I 1A I1~1 r},4J1 4/ r 1 A ,le 1 ;1} a[il~. 1S :II a
f 't 1 n ' r~ ir} ,J9 #
I: _
r; , J1 x+~ { t~1 4115 yy -/~w i 4 P A c 4y :"1 I ,1~ 4 1.0-1
+ (,,a 1 , I Iy' aA M A0 1 11 nA` ) y ti ' Yq I. tYF. I } 5 ~~0 I
1Y ( a d { t{ t d 1i V. of y ' , s ,1 V a _.a I; ) 1 1 .I 1 r! dI
v j. , ,11° ; " .41 II'. I I ' ~Q. 1 { > i 1t, , _
1 I ' u yd 4 ,
~ ' ~ . I I . I I , I s , k , , , t , I it I I , I , , '1 # 1 11 # [ I "1 "JI
' r } It ~ 1 ~.f~ir,r~~. I.. r is f i iY , a
r,,! " d ~ I, a a 'i -'f , t ; 1 r11 , / 1 V N~ I~I l 1~ ' r o-
i , . , f J I:y N , ~ 1 ~;r,, 'Y.,~,i ~ 1 I 1. I z~;'''ra,
oFrIce S . t:,
. , e i r . i, #i .y l 1 { } i ire P *4 1 , „ , ';F , , I'
1 ,l ' .d 1 1 , , I. C'! tr. l 0 fi 1,1 , I , - III 44I ' 7I t 1'
f
{ ' T7 BI , .d J>Xt ,'t f S ' ' ♦ r r I ' ' i I t , , . a ~ l~Y j
to tiV } „ I, r Y I J 1 I
r~l tiu
" A MI t i r !
~r~ 4 t ~ . , `4 o / ,'1 r'r 2;40 , q, a, 3n
w Q " t bly ,l1 1 i
1i1* r , a~n' I . } A'. r , IF 1 i h ti ~~rL:C. w ,l I tI
13' , ri • ~'t ~ I {k4 ~ 1 0.Q 1 tl 1{L i ~ { •il u,-, 41 I , .rv
~ I S W'~ } I r 13 T k t •dr.. d " H D 1 U' .r
av 5 j 16 140 itxe e~" 1 22 , u ; 4 IA , hh r'. - I .1'Plcl1 '
~LNArIS i 1 g I`4, f r x',i
4 w J r U~V I A .Y 1 ! • C I , 1 ~i~ „ ' fi
. I yj 7 i !E t "'4 , r M a P '~ti I I I S~:
n I I I I r, I K rv . s ~ V 1 a i a a ~ ' PRINTING
~ I , I 1 r, I L . ~ ~ I Z~ 0 . L ~ : L~ " : I I I
~ _ I l l s 1 r II { ,t PROI iiii : ~ .,~r'., ~ ~''f , 1 HO r
a 0' X
MA
f " I : - 0~, r 1' az ' (MAILIN0 PAOP09ID Z 8'
~ I~ Nbue.:~.
y3~ ( ' I 1 I.{ e`I~',r % ,11 [ ,I.i { PLAI~TINO ~I 111 w~~e H ,
I' " % 'j SNIPPIN lOADINO
• p, I \ ' ,
L ILL ' '56 , 'y f e . oPMloeo . / [I{i r ~c drr r i t
" ;r; > h^ I 1 b a''
I ~~~i " I ' i. ~ ~ r , I S,. a ' I'~.3. " ,~~"Ii' k. I
I 1 f 11 141" f ,A' 1~ ~ ~ ~ ~ L . , . ~ ~ I ~ ~ I I I ~ moly
I .1 , ~ r \ I ~ . ~ , ~ i I ~ ~ I ' ; 1 t I
,L r , -
<< W N ; l t k.
N ~~x ~ I + i~, 11
,1 r ,I • . r . ~,y % I
to d ► I! air y.
r s 1 ( 4 1 1 Ii ' r, ft"t • # it A u}
POND N i ij 1 ~i,, ilt' i ~ " '
f 0, ` 9 2 SPA
~,Y dr 1110 9ir.i v.
THE WKWAIr1 A!i THP. iillsl'HMHh YDir! OF 'f11Y 1pt1NJ OF MASS ONE IS A 1,80POSED 11060C A:Ct`rR RAfCMONT. ?Ht! 00011DARIt.' OF
MASONRY FINI 7HY 1'UHLt: AGtlSS Y.ASCMR,NT WILL H!: THE 311)VWALKi ti'SLI.Y. 1
\\R > • E f ~ r
1~ Ft i ~.1 1. 3~r I
r ~ 1 ,13;r rely je ~I F' w y~~ I~ , e,E d1 pVl
i
-40
U71WTr' IGf w, ap N
Ad 10 181 IASIMINf z. - 1 I
F # r. ~ 3 i J, r.
SIP I A. I I r
tiw
p 1,011 T, I ' {Y "1 LA I
Lk v m AL
V~L
I rr u,o0 OPTIOAA pp 1'40 w 621
f , • x Lei i kv ~ X, w.MW a.x.~. ..ua., •.uw. rMY. r....~ Iu..w .J. ~ ...11 x~.
r _ .1
a Id in -Alf
W" VM@ N %V ),r Ij I' ;r
r 'r ~•.YUWW..r.~rw~w~w.wu •.Yi~ 4.w•r .rru.r..~~..r ...u~J u44 ~..M a~~i~.u~•.. i.• ~..+~u ..r .x.r.. u.. x.
,ri
S ~
~w
l } ~a f • r ~M_ r~4
1
r
4 ~ ;
f y1 ~ ~~hw~ „
at4r 1801
LOOAt10N
• , 1 111 r11 i
1
f
s 'r Y r .
VICINITY, MAP
.+ip I,n .f s
"i } +L"1hiV•'.;r Ay,;a',.°..t,rla•~;i~C,~~s a4,~7yT:x''.k,F~r,~r'.~r~Ja 4~'r„'Ut3~~`p,"d.*,"'X.4'~~.,,,~S:rr,:'~`..q",..~`.'CYti~"?,3,. fn4.....1:.7 :m"1"~+r`,
,rP"...,
t
r -
~I.
w
CITY COUNCIL AGENDA PACKET
JANUARY 19, 1993
T
i
AGENDA
CITY OF DENTON CITY COUNCIL '
January 19, 1993
i
Work Session of the City of Denton City Council on Tuesday, January
19, 1993 at 5:15 p.m. in the Civil Defence Room of City Hall, 215 I
E. McKinney, Denton, Texas at which the following items will be
considered:
NOTE: Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular Session.
5:15 p.m.
1. Executive Session:
A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
8. 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. Consider an appointment to the Historic Landmark
commission.
i
2. Receive a report and hold a discussion regarding the City's
audit for the fiscal year ending September 30, 1992.
3. Hold a discussion and give staff direction regarding the
formation of a committee to meet with the County Commissioners
regarding library and EMS funding.
Regular Meeting of the City of Denton City Council on Tuesday,
January 19, 1993 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 j
2. Consider approval of the minutes of the Regular Session of j
December 15, 1992.
3. Consider approval of a resolution of appreciation for Joella
Orr.
40 Citizen Reports
A. Receive a citizen report from Chuck Carpenter regarding
the 1993 Denton c.-junty Day Activities.
i
i
Afsr4 Iwti____
City of Denton City Council Agenda
Y3`°
January 19, 1993
Page 2
5. Receive and open bids regarding the city of Denton
Certificates of Obligation, Series 1993.
6. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance amending Planned Development No, 114 by
providing a detailed plan on 15.67 acres and by rezoning
! the remaining 58.81 acres to the Agricultural District on
property located at the northwest corner of FM 2181 and
Hickory Creek Road. Z-92-030 (The Planning and Zoning
Commission recommends approval.)
7. Consider adoption of an ordinance approving a bid for city of
Denton Certificates of Obligation.
8. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations.
Listed below are bids and purchases orders to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 9.A0
9.81 9,C, 9.D, 9.E0 9.F), 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 orderes
1. Bid 11352 - Type I Ambulance
2. Bid 11421 - Fire Truck Pumping Engines
3. Bid 01437 - Padmounted Switchgear 6 Air switch
4. Bid 11445 - Tree Trimming
5. RFP 01450 - Electric Metering Pilot Dystem
6. Bid 11451 - Filter Media - Anthracite Coal
7. Did 11453 - Signmaking Equipment
8, Bid 01422 - Long Term Disability
91 Bid 11423 - Life and AD 6 D Insurance
10. Bid 01456 - Pool Renovations
11. Bid 11430 - Rolloff Truck
_ _ 93 - oa3
Ape* No
A~endaibrtl__- J_
aaR_._L.-19;93
City of Denton City Council Agenda 3 ~ ,ter
January 19, 1993
Page 3
B. Plats and Replats
Consider the preliminary plat of Lots 1 and 2,
Block 1, Love's Country Stores Addition. The
13.7027 acre site is on the southeast corner of
Milani Road (FM 3163) and Interstate 35. (The
Planning and Zoning commission recommends
approval.)
2. Consider approval of the preliminary plat of Lots 1
and 2, Block 1) Lot 1, Block 2; Lot 1, Block 21 and
Lot 1, Block 4 of the Thompson-Connell-Flatt
Addition and a Comprehensive Pedestrian Access Plan
for Lot 1, Block 1. (The Planning and Zoning
commission recommends approval.)
9. Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (8.A.2. - Bid 114211
8.A.3. - Did 014370 8.A.4. - Bid 114451 8.A.6. - Bid
014510 8.A.7. - Bid 01453, 8.A.11. - Bid 11430)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (8.A.10. - Bid 11456)
C. Consider adoption of an ordinance amending Ordinance No.
92-072 relating to the award of bid number 1352 for the
purchase of one Type I ambulance to provide for the
purchase of an additional ambulance. (8.A.1. - Bid
11352)
D. Consider adoption of an ordinance accepting a competitive
sealed proposal and awarding a contract for purchase of
materials, equipment, supplies or services. (8.A.5. - RFP
11450)
B. Consider adc,ptiun of an ordinance accepting competitive
bids and authorizing the Mayor to execute an agreement
between the City of Denton and Canada Life Assurasice
Company relating to fully insured long term disability
insurance. (8.A.8. - Did 11422)
I
I
k.;r+de No %3 ~ ~0 3
AQ,`ndj
City of Denton city council Agenda
January 19, 1993
Page 4
F. Consider adoption of an ordinance accepting competitive
bids and authorizing the Mayor to execute an agreement
between the City of Denton and Borth American Life
Assurance Company relating to full_i insured life and
ccidents) death and dismemberment insurance. (7.A.9. -
a
Bid 01423
0. Consider adoption of an ordinance amending Sea. 6-4 of
i the code of ordinances to provide for issuance of a
citation by Animal Control Officersl amending Sec. 6-9 of
the Code of ordinances to provide for an offense of
permitting an animal to run at larger amending Sec. 6-30
of the Code of Ordinances to provide for an offense to
keep or harbor an animal upon receipt of notice requiring
supervised quarantine or destruction of an animal.
M. Consider adoption of an ordinance, approving and
authorizing the City Manager to execute a compromise
settlement release of all claims in the matter of
Amber su ._@t-Al_v,HidwAll et al.
1. Consider adoption of an ordinance authorizing the City
Manager to make application to the Texas Water Commission
for a permit to construct recreational lakes at South
Lakes Park.
10. Resolutions
A. Consider approval of a resolution authorizing the City
Manager to sign and submit an amendment to the 1991 Final
Statement of Community Development Objectives
and
Projected Use of Funds submitted in June of 1991 to the
U.B. Department of Housing and Urban Development with
appropriate certifications, as authorized and required by
the Housing and Community Development Act of 1974, as
amended. (The Community Development Block Grant
Committee recommends approval.)
B. Consider approval of a resolution authorizinigg the
submission an Justice Division requesting continued the Taxes Cr i
funding for the
Drug Abuse Resistance Education officer.
11. Miscellaneous matters from the City Manager.
f
r
I
City of Denton City Council Agenda
January 19, 1993 DD
Page 5
I
12. Official Action on Executive Session Items:
I ~~1 A. Legal Matters
B. Real Estate
C. Personnel
I D. Board Appointments
13. New Business
This item provides a section for Council Members to suggest
items for future agendas.
14. Executive Session:
' A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S.
B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S.
C. Personnel/Board Appointments Under Sea. 2(g), Art.
6252-17 V.A.T.S.
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the -day of 1993 at o'clock (a.m.)
(P-m..3
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 FOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCOOODA
I'
i
Y`
CITY` 1
COUNCIL
1
4 4+444-
1
1!1 T:
MIT
~ O
6 ;
d
op t~ ~0
Too
t.:
f
I
` ~eN,~o _ Q3 - oo s
Appll~~ 02
C70f c
CITY of OENTON, TEXAS MUNICIPAL BUILDING / 21S E MCKINNEY / DENTON, TEXAS 76201
4 January 19, 1992
I
The Honorable Mayor and City Council
and City Manager
After review and discussion of the preliminary draft of the auditor's
management letter on Tuesday, January 5, 1993, staff has prepared the
following responses relating to recommendations presented.
GRANT ADMINISTRATION
Grant Coordinator
Observations The City has a decentralized grant procurement process.
This process generally results In the failure to consider the workload
and/or fiscal demands on other departments which occur after grant
approval. These demands include provision of services such as
accounting, financial and compliance reporting, administration and
related duties. Since the number of grants awarded to the City has
increased 50% from 1990 and anticipated changes in federal policies may
result in increased grant availability, the necessity of analyzing the
impact and total cost of each grant is accentuated.
Recommendations consider establishing a position of grant coordinator
or assigning grant coordinator duties to an existing staff member. The
grant coordinator should develop procedures to centralize responsibility
for submitting applications for state and federal grants. Major
responsibilities of this position could include researching available
grant programs, coordinating thn application process, analyzing the
cost/benefit of each proposal and the impact on City support service
departments and divisions.
Rpaonses Staff agrees that the tremendous growth in grant awards to '
the city, coupled with the anticipated changes in federal policies which
may increase grant availability, demands implementation of a formal
centralized grant process, Staff will analyze the feasibility of
reassigning grant responsibilities to existing staff or establishing a
new position. A budget proposal will be submitted in the 1993-94 annual
budget review process.
8171566.8200 DIFW METRO 434,2529
agerrdaltem ws
tAte
Responses to Management Letter a ~ ~f
Year Ended 1992
Page 2
GRANT ADMINISTRATION
(continued)
Monitoring of aubraoipients
Observation. The city is responsible for all federal funds it receives
even if some of those funds are transferred to local organizations as
subrecipients. While none of the City's subrecipients received funds in
excess of $25,000 in grant revenues, it was noted that no formal
procedures have been established to ensure that subrecipients comply
with the single Audit Requirements of OMB-128 and OMB-133 should such
funding exceed $25,000.
RecommendationI Establish procedures to monitor federal grant revenues
awarded to subrecipients. such monitoring procedures would ensure that
subrecipients and the City would comply with necessary federal
compliance and reporting requirements.
Responset The City's current procedure to monitor federal grant
revenues awarded to subrecipients is decentralized and is assigned to
those departments that act as liaisons with the subrecipients, staff
will review the feasibility of centralizing the monitoring function in
conjunction with the Grant Coordinator/Administrator duties.
ACCOUNTING PROCEDURES AND ISSUES
Year-end Procedures
Qbservationt The City's financial statement are comprised of numerous
funds and are prepared by several individuals with varying levels of
responsibility. While the City's external audit was completed as
scheduled, there were several instances that indicated the need for
creation of a year-end closing checklist and schedule, A closing
checklist and schedule documented prior to the end of the fiscal year-
end would ensure that all required entries are completed and allow
supervisory personnel to monitor the progress of all aspects of the
year-end closing process.
Recommendatlont Design and implement a year-end closing checklist and
schedule. At a minimum, such checklist and schedule should include:
• annual recurring journal entries
• a listing of all funds
• annual reconciliations
a a sign-off for each individual responsible for the above to in3icate
completion.
t
Agenda No
Agenda Item X515,.:
fee `~9...2
Responses to Management Letter.
Year Ended 1992
Page 3
ACCOUNTING PROCEDURES AND ISSUES
(continued)
_ Regpgnss: An annual preliminary meeting is held with city staff and
auditors to discuss and schedule year end processing. internally, a
detailed calendar is developed to include: timing year-end processing
with Information Services; document printing with Administrative
Services; and financial statement preparation with accounting staff. In
the future, this calendar will be discussed with the audit team and the
timing of audit work will be evaluated jointly. The calendar will also
be expanded to note areas of responsibility and contact persons.
fixed Assets Inventory
Observations The City has performed periodic physical inventories of
fixed assets purchased with federal funds. However, a complete physical
inventory has not been performed in many years for all City fixed
assets.
Recommendation: Perform a complete City-wide fixed asset physical
inventory to ensure that fixed assets continue to be accurately
reflected in the financial statements. Periodic physical inventories
establish additional control over the Cityts fixed assets and can assist
in evaluating the City's insurance needs.
Rea nse: Staff agrees that a complete City-wide fixed asset physical
inventory and valuation should be undertaken. Because of fiscal
constraints, past budget packages have not been funded. Another package
will be presented during the 1992-93 annual budget process.
DATA PROCESSING
Observation: The Data Processing Department has undertaken several
major projects during the year including the implementation of an
upgrade to the Customer Service Information System. Most projects have
been delayed due to staff resources being diverted to spend significant
time and effort supporting the City~a personal computer ("PC") install
base. As a result, the service level to user departments relying on
mainframe applications is negatively impacted as the latest releases
and/or enhancements are not implemented in a timely manner.
Recommendations Review the staffing level and resource allocation
methodology utilized by the Date. Processing Department. Based on the
results of this review, consider organizational staffing, and/or
procedural changer: which will provide for efficient and effective
service delivery to both mainframe and PC users.
ges ns0L Staff agrees with this recommendation. A review will be done
and a budget package will be submitted in the 1993-94 budget process.
AWM
Apend~lteml~s
Dais
Responses to Management Letter
Year Ended 1992 v
Page 4
DATA PROCEBBIVI
(continued)
ObQervat~ons: The City's PC-based data processing is continually
expanding and becoming a widely utilized management tool in most
departments. However, th..* formal policies that have been established to
govern the PC data processing operations and use have not kept pace with
this growth.
Recommendationt Consider enhancing the existing policies and procedures
related to PC-based data processing. This should include establishing
a software library consisting of licenses software to be used on the
City's computers. The use of unauthorised software could result in
legal liability for the City and could expose vital information to the
risk of a compute use, consider ssuing a t letter any anpolicy that is nually with thevpolfor software use icy
attached to all appropriate City personnel and request that each
individual confirm that they understani the policy and are in
compliance.
Ree92129es Staff will review existing policies and procedures in order
to incorporate the above recommendation. once the review is complete,
it will be presented to management for review, comment and
implementation. j
*on ~
Mcorane
arHoo~ec
Arrooe9A
~N
1
• 1
C I T Y' OF
COUNCIL
Tr
1
:1. UT
I: 17 1 To
IT:
IM
6 4
t
IT:
d
O
0 h t ~
IXT:
T, Opp
r
A(jetl~ CVO. --sx-~+ar 3
S
AQOtIQI!
CITY OF DENTON CITY COUNCII, MINUTES0~t9_Z__/(_ 2J'_
December 15, 1992
r
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
~ ABSENT: None
1. The council convened into the Executive Session to discuss
legal matters (considered action in Smith v. City and considered
action in airport condemnation; cases), real estate, and
personnel/board appointments (considered an appointment to the
Citizens Traffic Safety Support Commission.)
2. The Council received an update and held a discussion regarding
Community Development activities.
Barbara Ross, Community Development Administrator, presented
information on the department's current operational budget. The
Department was still spending 1991 housing rehabilitation funds.
Approximately 24 housing rehabilitation projects had been completed
this year. The Homeowner Assistance Program had assisted 4
families to purchase homes. Money was left to assist an additional
13 individuals to purchase homes. The Martin Luther King, Jr. Kid
Connection Program had requested additional money for an enrichment
program. HOPE, the Prenatal Clinic and TWU Cares were social
service agencies funded with CDBG funds. The Wilson Street
sidewalk project had been completed and the remaining funds could ,
be used for possible improvements to Fred Moore Park or for
housing rehabilitation. The rental rehabilitation program had
received an additional $69,000 for 1989 funding and all of those
funds had been obligated to single family rental projects. An
additional $232,000 had been received in 1991 rental rehabilitation
funds and were currently working on committing those funds to
projects. Approximately 7 single family units had been done since
September 1991. The project dealing with the Crawford Building
Elderly Program was still waiting to hear if the funds would be
available from the Federal Home Loan Bank.
Council. Member Miller asked for the total value of the project and j
the money needed to start the project. 1
Ross replied that $2.4 million would purchase the property and
renovate the building. The Department was still working on a non-
profit housing development corporation and was in the process of
applying for a 0103 non-profit status. The Department administered
the fair housing program for the city. Not many complaints were
received and the Department would be working on making the public
more aware of their rights regarding fair housing. The Section 108
program allowed agencies to borrow against future CDBG allocations
to use for special housing and economic development projects. The
Venda No __1 c 3
AaM t~~~
ItirP
City of Denton City Council Minutes
December 15, 1992 G
Page 2
to use for special housing and economic development projects. The
Home program had had a decrease in allocation but Denton would
still have to go to the State for HOME dollars.
Council Member Perry asked if Ross had any appraisal of how
effective was the Greater Denton Area Board of Realtors' voluntary
affirmative marketing program.
Ross replied that the training was
was not aware of how effective it provided on an annual basis but
3. The Council received an update and held a discussion regarding
the broadcast of City Council meetings and the sharing of broadcast
equipment with the Denton Independent School District and gave
staff direction.
This item was considered during the Regular Session.
4. The Council received an update and held a discussion regarding
the Civic Center Pool renovation project.
Rich Dlugas, Director of Parks and Recreation, stated that bids
were received from three contractors and all three bids were over
the project amount. staff met with Carter & Burgess and Alan
Nelson to determine how to revise the project. A plan was
developed to reduce the scope of the project which would bring the
bid within the budget of the project. The pool would still be
I opened for the swimming season. The size of the office and the
storage areas were reduced. No revisions had been made in the
mechanical portions of the pool. The public would still be getting
a quality facility. The contract would come to Council on January
19th.
Philip Neeley, Carter & Burgess, stated that the back-up materials
mentioned why the bids went over the specified amount. A key
emphasis was staying with the theme of the pool. Extra storage
space and the size of the building had been reduced. This would
have no effect on the public. The amount of overhead trellis had '
been reduced but the zero depth pool and the filtration and gutter
system had not been changed. Barring severe weather, the Memorial
Day opening was a realistic date.
Council Member Chew stated that page 2 of the report indicated that
no revision would be made in the mechanical design of the pool.
Neeley replied that two different types of filtration systems would
be bid. Both would have to meet the same turnover rate for the
water and purification rates. This item did not have any cuts.
+Aa!b~No ~i'3 -C43
~c _ 1923
City of Denton City Council Minutes 7 _
December 15, 1992 1
Page 3
Council Member Miller asked if the mechanical specifications would
be identical as the first bid. He did not feel comfortable as to
why the bids were high. Was the problem with the pool structure.
He was concerned with what bids would be received the second time
relative to the first bids.
Neeley replied that there were some site items which were higher
such as the amount of decking and trellis. The building was more
square footage then could be afforded. Basic roofing changes would
be made to save money. One item which was the largest cost was the
mass of the building - the volume of the building.
This item was continued during Regular Session.
The Council convened into the Regular Session at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members
Brock, Chew, Perry, Smith and Miller.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council consleered approval of the minutes of the regular
meeting of November 17, 1992 and the meeting of November 24, 1992.
Ferry motioned, Smith seconded to approve the minutes as presented.
On roll vote, Brock "aye", Miller "aye", Hopkins 1~aye", Smith
"aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. The Council received a presentation of the National League of
Cities 1992 City Innovation Award for the Community Oriented
Policing Services Program for the City of Denton.
Mike Jet, Chief of Police, stated that the award from NLC was
designated to recognized collaborative approaches to police issues
in cities. COPS was a program designed to decentralize policing
services at the neighborhood level and called for an extensive
partnership between citizens and police officers aimed at
identifying problems at the neighborhood level. other city
departments joined in the cooperative efforts. An indicator of the
success of the program was the increased trust between the citizens
and police department.
f ~
i I
1 a4e~4 Ho
ApP4Ip"L S #02
(bfa /~_/~f .g ~
City of Denton City Council Minutes 7
December 15, 1992 17
{
Page 4
1
Mayor Castleberry presented the award to the city Council.
Mayor Castleberry presented proclamations to Lloyd Harrell, City
Manager, for 25
years of outstanding service in local government
and to Rick Svehla, Deputy City Manager, for 20
! outstanding service in local years of
I ~ government.
The Council returned Work session Item 04.
Council Member Miller indicated that he would like more detailed
information regarding items which would be deleted from the
original bid.
Council Member Brock left the meeting.
Alan Nelson detailed the adjustments proposed to the bath house and
office area. The changes were related to staff areas and to non-
public areas. The office area was reduced, cabinet work was
reduced as was the type of flooring in the office area. The
building was reduced 351 in size and the height of the building was
lowered. One section of trellis work was left out due to the cost
of the construction. Only the filtration and gutter system of the
pool had not been changed.
Mayor Pro Tem Hopkins asked what was the original bid.
Nelson replied the original low bid was $745,000.
Council Member Miller asked if the parking and turn around area
would be the same.
Nelson replied yes.
Council Member Miller stated that he had concerns regarding the
project. The low bid was $1450000 over the project amount and the
building was proposed to be reduced by 351 as would be the quality
of building. A reason for going over the project amount was the ,
timing of the bid. Was this an overreactione with time
a second
so would mny b reductions.
Nelson replied that there were two timing factors to consider. One
was that the documents were originally issued before Thanksgiving
and were received right after Thanksgiving. There were only four
days for the contractors to coordinate pricing of the project.
That
iitemsctouopcomplled
six thee bidbid ding form with
difficulter 20 different line
4~.~r
III
1
AOW1 No
AOei+dttt,C' Z
City of Denton city council minutes 7
December 15, 1992
Page 5
Council Member Miller asked if that would be corrected in the next
bid process.
Nelson replied yes that there would be one base bid and seven
alternate items. The form was much simpler for the contractor to
complete. The quality of the facility was not substituted as much
as the method of construction was substituted. The construction
was simplified and would be easier to maintain and simpler to
construct. Timing was also included in the total amount of time to
build as the original method of construction was very slow. The
materials were still there, they were just used differently.
City Manager Harrell indicated that staff was concerned by the
amount the project came in over estimate. It was obvious that
there had to be some restructuring of the project to make it fit
budget. The project should now make budget and still have a quality
project.
The Council considered Agenda Item 14.
4. Public hearings
A. The Council held a public hearing and considered the
preliminary and final replats of Lot 2, Block 1, of the Offenbacker
Addition, plus 135 acres of unplatted land; into Lot 2R, Block 1.
The .4-acre site was on the east side of Carroll Blvd.,
approximately 148 feet south of W. Prairie Street. (The Planning
and Zoning Commission recommended approval with conditions, 5-0, at
its December 2, 1992 meeting.)
Frank Robbins, Executive Director of Planning and Development,
stated that there was a correction on the agenda item. The
Planning and Zoning commission did not recommend any conditions for
the project. This was a replat of an existing platted property.
A parking lot was proposed for the entire development in the area.
That amount of parking was not required but was one which the
developer wanted to pursue. The property was zoned 2F which '
allowed a parking lot in that area. Two notices were mailed with
none returned.
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
I
i
Venda No
r agenda
City of Denton City Council Minutes lc 17 -
December 25, 1992
Page 6
I~
I
Hopkins motioned, Chew seconded to approve the preliminary and
final replats. On roll vote, Miller "aye", Hopkins "aye", Smith
"aye", Chew "aye", Perry "a e"
- Motion carried unanimously. y and Mayor Castleberry "aye".
f
I Council considered Work Session Item 03.
i 3. The Council received an update and held a discussion regarding
the broadcast of City Council meetings and the sharing of broadcast
equipment with the Denton Independent School District and gave
staff direction.
I
City Manager Harrell stated that this item had been in the major
budget issue report. Council had asked to delay this item and
staff to continue discussions with the DISD. This was a progress
report regarding those discussions and sought guidance if Council
wished to continue with the project.
Bill Angelo, Director of Community Services, stated that the
original proposal suggested using an outside third party to
contract with to provide services. The original cost estimate for
producing the meetings was higher than expected. It was
recommended to use in-house staff to produce the meetings. There
was a police officer who had expertise in this area and could be
used to produce the meetings. If and when the Council and/or DISD
decided to broadcast their meetings, the camera equipment, using
Sammons grant funds, would be shared. Other equipment such as a
switching device would be provided by each entity. The City would
use Sammons grant money for such equipment. Minor equipment would
be needed to complete the necessary equipment for televising. For
the exchange of the equipment, the DISD would establish an
equipment replacement fund. There had been a discussion of the
possiuility of changing the meeting date of one of the entities.
It had been suggested that the DISD change their meeting date and
the DISD seemed to have no problem with that change. Funding of
capital expenses would be done through the Sammons grant.
Operational expenses would be funded through the Community Services
budget.
Council Member Miller asked if both the work session and regular
meetings would be televised.
Angelo replied that only the formal couricil meetings would be
televised.
City Manager Harrell stated that Council might consider holding
some work sessions in the Council Chambers rather than in the civil
Defense Room.
Date /
City of Denton City Council minutes 7,4 ,4 I
December 15, 1992 ~G
Page 'T
k
Council Member Smith felt that more people might become involved
with City government if the meetings were televised. But felt that
if it were done with the lack of professionalism which was
proposed, more individuals might be turned off to city government
than might be turned on. The current proposal was totally lacking
' in professionalism.
Angelo stated that the quality of
production would not be as good
as if there were a contract with Sammons but the cost was very
prohibitive. He felt that the Council would not be displeased with
the quality that was being proposed. Students would be recruited
who had some training with the equipment and would have some
I` training opportunities available from Sammons.
Council Member Chew indicated that the proposal did not address the
lighting system needed.
Angelo stated that a prior demonstration tape had been produced
using natural lighting and artificial lighting. A good quality
tape had been produced.
j Council Member Perry stated that $5200 had been budgeted for the
bulletin board and asked how that would be used.
Angelo replied that it would be used for the purchase of equipment
necessary to produce the bulletin board. Agendas of various
meetings such as Council and Planning and Zoning could be run on
the bulletin board as well as registration information for various
park programs.
Council Member Perry asked for a total cost of the project to put
it into operation for one year.
Angelo replied that the full range cost of city Council broadcast
was estimated at $34/hour. Capital expenses would be approximately
$38,903 and operating expenses would be approximately $4700. This
would include the police officerts salary. A balance of
approximately $2100 would be left in the grant fund.
Council Member Perry stated that the minimum cost of the project
would be $420700. That was actual cost of broadcasting. He did
not have a problem with the broadcasting of Council meetings. He
did have a problem as council had to cut from particular services
because there was not enough money for those programs. This was a
new program which would cost $44,000. He had a problem with that
as he felt current programs should be taken care of especially
recreational services to citizens such as the library rather than
instituting new programs. The library did not have state of the
i
I~
6
f
~penda Na ~ ~G'G 3
~penea ►ta►i ~5 ~,2
fete L-J51:-
City of Denton city council Minutes f / 7
December 15, 1992
Page 8
art services. Over a period of time the costs would add up. He
had three problems with the proposal which included the cost of the
proposal, the technical difficulties presenting a first class
program to the public, and the cost to other programs in existence,
- Council Member Miller stated that of the $44,000, $380000 would
come from dedicated funds from Sammons and could not bc used for
other purposes, $60,000 was dedicated in a grant fund and could
only be used for public broadcasting. The City was not spending
$44,000 but rather $4,700.
City Manager Harrell stated that $60,000 was grant money from
Sammons for the City to purchase equipment and furnish a studio to
do televising. The vast majority of the money needed for
televising would be taken from that $60,000. That money could only
b
proj was $4,700. Half of that was alread e used for that purpose. The new money needed to get into the
PolicetD part e t by redirecting resources. That amoney couldtbe
redirected to some other area.
Mayor Pro Tem Hopkins was concerned about the quality of the
production. The City could not afford professional staffing of the
cameras. She was also concerned about the DISD putting money in
escrow to purchase new equipment. What was available in 7 years
would not be equal to what could be purchased now. It was
unrealistic to have more than a 3-4 year payout with replacement.
There was some sentiment in the community to have the meetings
televised. She felt that not much should be done until everyone
could see the quality of what would be produced. Council needed a
way to see how the lighting would affect the quality of the
production.
Angelo indicated that a demonstration tape could be done with
similar cameras and lighting to see how the quality would be
produced. The cameras used were very sophisticated and could
produce a quality production with very little light.
Council Member Miller suggested that a consensus of Council was
needed to move ahead with the project and then work out all of the t
details with costs, equipment, etc. Fie would like to proceed with
the project.
Council Member Chew suggested bringing in the equipment during a
council meeting. He could not support the project at this time
until he had seen a demonstration of the quality of the production.
Consensus of the Council was to do a demonstration tape to
determine the quality of the production.
~i
Aper4aNo ~/3 -DD3
ADM Item e,...'.fie?
rete~L-..1.4- 93
City of Denton city council Minutes
December 15, 1992
Page 9
i
Council returned to the regulor agenda order.
5. Consent Agenda
Perry motioned, Smith seconded to approve the Consent Agenda as
presented. on roll vote, Miller "aye", Hopkins "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
A. Bids and Purchase Orders:
1. Bid 11431 -CIP Improvements Project Phase I Stuart
Road Sanitary 6 Storm Water Sewer Upgrade
2. Bid 11435 -Test and Inspect Wood utility Poles
3. Bid 11441 -800 HP 3-Phase Induction Motor +
4. Bid 11446 -Trees Container Grown
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.2. - Bid 11435, 5.A.3. - Bid
01441, 5.A.4. - Bid 11446)
The following ordinance was considered:
No. 92-212
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFCRR0,
AND PROVIDING FOR AN EFFECTIVE DATE.
Hopkins motioned, Smith seconded to adopt the ordinance. on roll
vote, Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.1. - Bid 11431)
I
~4pendaho. ~/.3 -DO3 ~ I
City of Denton City Council Minutes
December 15, 1992
Page io
The following ordinance was considered:
No. 92-217
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Hopkins seconded to adopt the ordinance. On roll
vote, Miller "aye", Hopkins "aye", Smith "aye', Chew "aye's, Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
The Council considered Item 6.E.
E. The Council considered adoption of an ordinance directing
the publication of notice of intention to issue Certificates of
Obligation of the City of Denton.
City Manager Harrell stated that this was a standard item done at
the same time each year in which those pieces of equipment which
had been specified for lease purchase had certificates of
obligation issued. Charges to the user departments paid for the
certificates of obligation. Two items proposed to purchase were
fire engines. In the Option four approved by the Council which was
discussed with fire station options,
a quint fire truck. At that time, the 4number ofrmenkon the minimum
manning was going to be increased and the quint was important from
an operational standpoint. When it was decided to keep the same
manning level, it was suggested purchasing two pumper trucks as
opposed to the quint. This was a lower amount of money than was
originally needed.
Mayor Pro Tem Hopkins asked what a quint could do that a pumper
truck could not do.
h Rick Svehla, Deputy City Manager, stated that a quint elevated
water like a snorkel. It did not go as high as a snorkel truck.
t Mayor Pro Tem Hopkins stated that she did not want to see in the
next year's budget a request for a quint which should have been
purchased as opposed to two pumpers.
City Manager Harrell stated that a future bond issue would have to
have funding for a snorkel truck. That was a need facing the City
as the current truck was purchased in 2974. The original operation
was to add 9 fire fighters but when the manning level was scaled
back, a quint was not an effective truck.
I
I
a0e~►dakd __.~3~
apando Nam P. S
City of Denton City Council Minutes X19 /
December 15, 1992
Page 11 l/
Council Member Smith asked if the quint was approved in the last
budget.
wasyproposed inrthelbudget and hi h the Co ncil oa rofour which
approved.
John McGrane, Executive Director for Finance, stated that the debt
repayment would be different in that the lease would be extended to
ten years on the pumper trucks, 10 years on the wild land fire
truck and 5 years on the ambulance. McGrane indicated that Frank
Medanich, First Southwest, was available if Council had any
questions. The sale would be on the second meeting in January
which would allow for the bids to be received in a timely manner.
City Manager Harrell stated that this was one of two sales the city
would do this year. A major sale in March would be for revenue
bonds for the utility department and general obligation bonds for
the law enforcement center.
` The following ordinance was considered:
No. 92-216
AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON.
Chew motioned, Perry seconded to adopt the ordinance. on roll
h vote, Miller "aye", Hopkins "aye"Smith "aye", Chew '0aye", Perry
Ye, and Mayor Castleberry "aye". Motion carried unanimously.
The Council returned to the regular agenda order.
C. The Council considered adoption of an ordinance amending
provisions of ordinance No. 92-172 providing for changes in the
schedule of rates for electric service by amending the Electric
General Service Small (GSS) rate. (Thi Public Utilities Board
recommended appruval.)
Bob Nelson, Executive Director for Utilities, stated that when the ,
new rates were adopted, a change was made in the large and small
general service rate. In that process, the discount for the small
general service customer was missed. This ordinance would provide
for that discount.
f
Apdo No . 1 o
City of Denton City Council Minutes 7
December 15, 1992
Page 12
The following ordinance was considered:
No. 92-214
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING PROVISIONS
OF ORDINANCE NO. 92-172 PROVIDING FOR CHANGES IN THE SCHEDULE
OF RATES FOR ELECTRIC SERVICE BY AMENDING THE ELECTRIC GENERAL
SERVICE SMALL (GSS) RATE; AND PROVIDING FOR AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll vote,
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 amending
the 1992-93 budget of the City of Denton by appropriating the sum
of fifteen thousand and four hundred and eleven dollars ($15,411)
from the unappropriated balance of the Recreation Fund to various
accounts in the Recreation Fund to provide for funds for a
recreation leader.
City Manager Harrell stated that this item had been dibcussed at
prior work sessions. This amendment would help implement the
enrichment program at the After School Action Sites.
The following ordinance was considered:
No. 92-215
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE 1992-
93 BUDGET OF THE CITY OF DENTON BY APPROPRIATING THE SUM OF
FIFTEEN THOUSAND AND FOUR HUNDRED AND ELEVEN DOLLARS ($15,411)
FROM THE UNAPPROPRIATED BALANCE OF THE RECREATION FUND TO
VARIOUS ACCOUNTS IN THE RECREATION FUND TO PROVIDE FUNDS FOR
A RECREATION LEADER; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Miller Olaye", Hopkins "aye", Smith "aye", Chew 'laye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
F. The Council considered adoption of an ordinance accepting
a donation of 5.92 acres out of the Robert Beaumont Survey from
Barworth Corporation (Grantor) to the City of Denton to be utilized
in expanding the North Lakes Park; providing certain conditions are
net by Grantor; and providing credit to Grantor from future
dedications required of Grantor for park land on property adjacent
to the donated tract.
apendt No 93 _DD3
/~gen4atterR ~'S '~2
cute l.Z q--
City of Denton City Council Minutes A3 17
December 15, 1992
Page 13
1
'I Rich Dlugas, Director of Parks and Recreation, stated that the City
had been approached by the Barworth Corporation for a dedication of
property for a park. The site would not be developed at this time
but would be maintained with mowing. This would be added as a park
donation as required by the park dedication policy.
i The following ordinance was considered:
It l
No. 92-217
AN ORDINANCE OF THE CITY OF DENTON, ACCEPTING A DONATION OF
5.92 ACRES OF THE ROBERT BEAUMONT SURVEY FROM BARWORTH
CORPORATION (GRANTOR) TO THE CITY OF DENTON TO BE UTILIZED IN
EXPANDING THE NORTH LAKES PARK; PROVIDING CERTAIN CONDITIONS
1 ARE MET BY GRANTOR; AND PROVIDING CREDIT TO GRANTOR FROM
FUTURE DEDICATIONS REQUIRED OF GRANTOR FOR PARK LAND ON
PROPERTY ADJACENT TO THE DONATED TRACT; AND PROVIDING AN 1
EFFECTIVE DATE.
4 Perry motioned, chew seconded to adopt the ordinance. On roll
vote, Miller "aye", Hopkins "aye", Smith Faye", Chew "ayelt, Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
7. Resolutions
i
A. The Council considered approval of a resolution
supporting the efforts of the Dallas Fort Worth Airport Board to
obtain legislation affirming the authority of the Board over the
activities of the Dallas Fort Worth Airport.
City Manager Harrell stated that the Mayor had receivead a letter
from the North Texas commission which would allow DFW to expand two
additional runways. A letter was sent to all member cities within
the boundaries of the Airport asking various City Councils to pass
the attached resolution encouraging legislation which would clarify
the fact that the DFW Board did have the authority to expand the
airport. Complicating this issue was correspondence received from
the Cities of Irving, Grapevine and Euless asking cities to not
support the legislation. There was also a letter from the Denton
Chamber noting that they would be having a meeting with
representatives from Grapevine and DFW to explain their respective
positions. This would be a chamber meeting and not a town hall
meeting. Complications were, from a broad policy standpoint, the
Council and City had consistent stances to indicate the importance
of DPW to the City's economy. The community had a stake in having
the Airport keep its premier status. The other side was the zoning
issue offered by the surrounding cities.
AaWs No _ 9~ - 00 3
Agenda 11
City of Denton City Council Minutes
December 15, 1992
Page 14
Mayor Pro Tem Hopkins stated that the City had consistently
maintained that DFW was one of the major reasons that Denton
existed as it existed now. The City had consistently sent forth
resolutions in support of this. She felt that the other cities
would have to take up their own fight. This was not the City's
fight to get involved with. She was in favor of passing the
resolution.
Council Member chew agreed with liayor Pro Tem Hopkins. DFW played
a major role in the economy of the City of Denton.
The following resolution was considered:
No. R92-078
A RESOLUTION SUPPORTING THE EFFORTS OF THE DALLAS FORT WORTH
AIRPORT BOARD TO OBTAIN LEGISLATION AFFIRMING THE AUTHORITY OF
THE BOARD OVER THE ACTIVITIES OF THE DALLAS FORT WORTH
AIRPORT; AND PROVIDING AN EFFECTIVE DATE.
chew motioned, Hopkins seconded to approve the resolution.
On roll vote, Miller "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution
supporting the funding of House Bill 791 providing for a statewide
system of poison control centers.
Barbara Ross, Community Development Administrator, indicated that
the resolution %,As asking to support House Bill 791 which would
provide legislation to propose a tax for funds for the centers.
The following resolution was considered:
No. R92-079
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS ,
SUPPORTING THE FUNDING OF HOUSE BILL 791 PROVIDIN FOR A
STATEWIDE SYSTEM OF POISON CONTROL CENTERS; AND PROVIDING FOR
AN EFFECTIVE DATE.
Hopkins motioned, Perry secc:ided to approve the resolution.
Council Member Smith stated that the Council had decided to not
support the Dallas group with requested funding. The Cityts
hospital groups had assured them that they could handle any
problems. She understood that the City would pay an amount based
AoWs No 9.~ -DD3
oale% /_9~ 4.5-11
City of Denton City Council Minutes 7
December 15, 1992 7
Page 15
I
on the amount of use of the system.
Ross replied that the program would be funded through the State.
i~ The City would not be requested to fund any of the centers.
On roll vote, Miller "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval of a resolution adopting
the Harassment Prevention Policy (108.10).
Tom Klinck, Director of Human Resources, requested revision to the
current harassment policy. The current policy prohibited
inappropriate comments and behavior regarding race, religion,
gender, national origin and had been in place since 1987. This
revision would add a prohibition against one's age or disability
status and would be effective upon passage.
The following resolution was considered:
No. R92-080
A RESOLUTION ADOPTING A POLICY REGARDING HARASSMENT
PREVENTION; AND DECLARING AN EFFECTIVE DATE. I
Perry motioned, Chew seconded to approve the resolution. On roll
vote, Miller "aye'0, Hopkins "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
8. The Council considered a motion for the Denton City Council to
officially adopt-a-spot located on both sides of Bell Avenue
between Robertson Street and Eagle Drive.
Smith motioned, Perry seconded to that the Denton City council
officially adopt-a-spot located on both sides of Bell Avenue
between Robertson Street and Eagle Drive, on roll vote, Miller
"aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and
Mayor Castleberry "aye's. Motion carried unanimously.
9. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. City Attorney Drayovitch stated that Ordinance 6F,
regarding the park donation, contained a number of blanks. The
deed was to have been received in order to complete those blanks.
Because Mr. Rayzor was out of town and unable to execute the deed ,
Apr4tic _ X1.3 -oa3
City of Denton City Council Minutes
December 15, 1992
Page 16
today, she recommended Council reconsider the ordinance to provide
for some minor wording changes.
Perry motioned, Hopkins seconded to reconsider ordinance GF. On
roll vote, Miller "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
City Attorney Drayovitch stated that the ordinance could be amended
to authorize the City Manager to accept the donation if it were
communicated in the form and with the conditions set forth in the
ordinance. She detailed the wording changes for the ordinance.
The following ordinance was considered:
No. 92-217
AN ORDINANCE CONDITIONALLY AUTHORIZING THE CITY MANAGER TO
ACCEPT A DONATION OF 5.92 ACRES OUT OF THE ROBERT BEAUMONT
SURVEY FROM BARWORTH CORPORATION (GRANTOR) TO THE CITY OF
DE14TON TO BE UTILIZED IN EXPANDING THE NORTH LAKES PARK;
PROVIDING CERTAIN CONDITIONS ARE MET BY GRANTOR; AND PROVIDING
A CREDIT TO GRANTOR FROM FUTURE DEDICATIONS REQUIRED OF
GRANTOR FOR PARK LAND ON PROPERTY ADJACENT TO THE DONATED
TRACT.
Perry motioned, Chew seconded to adopt the ordinance as amended.
On roll vote, Miller "aye", Hopkins "aye", Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. Loop 288 would open Thursday. Transportation from City
Hall to the ribbon cutting would be provided and a trolley would
provide transportation on new facility back to City Hall. Those
who wished to attend should meet at 1:30 p.m.
10. There was no official action taken on Executive Session items
discussed during the Work Session Executive session.
11. New Business
No items were suggested by Council Members for future agendas.
12. The Council did not meet in Executive Session during the
Regular Session.
With no further business, the meeting was adjourned at 8:55 p.m.
apertdo hlo~ ~
eta ~-/~3 ,
City of Denton City Council Minutes 17
.C f
December 15, 1992 G/
Page 17
i
I
HOB CASTLE
HERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCOOOD5
I
1
7
I
I
M
w
CITYU
COUNCIL
,fr
1
4.
t
ill
I
I j
O
CT 4` Hf O t
C ~ t
d d
D~OON OLO~~~~~
II'M
X :T
Xl-
:1 IT a
I TT
i
I
,p No - J
Oa1e
InapprWationof
JOELLA ORR
WHEREAS, Joella Orr is tetiring after 26 years of dedL-
cated service to the City of Denton since her
employment on November 1, 1968, when she became
the City of Denton's first female director and
the Library had two staff members and 12,000
square feet of spaces and
WHEREAS, during her career with the City, Joella has con-
sistently maintained an attitude of cooperation
with and dedication to the stated goals of the
City of Denton; and
WHEREAS, during her tenure with the City, she has always
placed the utmost importance on the welfare of
the citizens of Denton, and the Library now has
I/ employees and 25,000 square feet of space; and
WHEREAS, ttj City of Denton has been fortunate in having
enoyed the dedicated and outstanding services of
Joella and wish to recognize mamas and
WHEREAS, Joella has always served above and beyond the
efficient discharge of her duties in promoting
the welfare and prosperity of the City, and has
earned the full respect of her fallow employees,
colleagues, and citizens of Denton by serving as
the president of the Public Library Administra-
tors of North Texas, serving the Board of Direc-
tors of the Texas Municipal League, and serving
in numerous other professional organizations.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL Or THE CITY OF
DENTONs
That the sincere and warm appreciation of the
City Council be formally conveyed to Joella Orr
in s permanent manner by spreading this Resolu-
tion upon the official minutes of the City Coun-
cil and forwarding to her a true copy hereof.
PASSED AND APPROVED this the day of ._1 1997.
BOB CASTLEBERRY, MAYOR EVLINE BROCK
MARK CHEW HAROLD PERRY
JANE HOPKINS JACK MILLER
MARGARET SMITH
ATTEST; APPROVED AS TO LEGAL FORMS
JZMMIUR WALTIRS, CITY IICRITARY DIVA D YOVITCM, CITY ATTORNEY
BYt _ Sys ~~l/
44441
IrIT
Mir
CITY
COUNCIL
or a~
A4 yf0
I IT.
s
O
0 N.
T- I
TI: T:
r..
l
93
DA = uary 19, 993
paw
E P_1ANNING AND ZONING COMMISSION SPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUnJECT: 1-92-030 Dwight Thompson Ministries
I RECOMMENDATION:
The Planning and Zoning Commission recommends approval
` (5-0).
SUMMARY:
Hold a public hearing and consider the Amendment to
Planned Development No. 114 by providing a detailed plan
on 15.67 acre tract and by rezoning the remaining 58.81
acres to the Agricultural district on property located at
the northwest corner of FM2181 and Hickory Creek Road.
BACKGROUND:
See PAZ Report.
PRQG-PAMS DEPARTMENTS OR_CZR_QUPS AFFECTED:
Planning and Development.
Surrounding Community.
Building Inspections.
FISCAL IMPACT:
N/A
Resp( ullly/sub ted,
~U
Lloy V. Harrell, C ty Manager
Prepared by:
K en K. Feshari, Urban Planner
Approved:
ff- n H. 04bbins, AICP
Executive Director
Planning and Development
Woom
J
AOendaNo _-9~ a°~
PLANNINfl AND ZONING COM2IIBBION REPORT
Late
To: Mayor and Members of the City Council
Case No.: Z-92-030 Meeting Date: 1/19/93
GENERAL INFORMATION
r
Applicant: Dwight Thompson Ministries
1655 E. 6th St. Unit A-1
Corona, California 91719
(Gerald Stone, AIA, Representative)
Owners: Dwight Thompson Ministries
George W. Connell Jr.
Paul Flatt
Requested Action: Amend Planned Development No. 114 by
providing a detailed plan on a 15.67
acre tract and by rezoning the re-
mainder of the PD to the Agricultur-
al (A) district being a 58.81 acre
tract.
Location and size: A 74.5 acre tract located at the
northwest corner of FM 2181 and
Hickory Creek Road,
Surrounding Land Use and Zoning:
North - Agricultural; residences and farm land,
South - Agricultural; residences and vacant land.
East - ETJ; vacant.
West - Agricultural; vacant farm land,
Denton Development Plan: Moderate Activity Center
BPECIAL INFORMATION
Transportation:
Dedication of-MAIL on FM 181 and Hickory CrE.ek Row= duo
to intersection requirements, the regulations require 60
feet from centerline to be dedicated for 150 feet; past the
150 feet, the standard 50 feet from the centerline is
required.
i
Aonda No U - ea 3
(Case Z-92-030) Ap* i)m /es *_.w,
Page Two [ate
3 ~aS
SPECIAL INFORMATION (continued)
I
• 30 feet of Right-of-Way is being dedicated along the
northern property boundary for a future collector street;
this is acceptable to the Transportation Engineering
Department.
• Perimeter paving is required across the frontage of
Hickory Creek Road. ordinances allow perimeter paving to
be done in phases along with the final platting of each
lot. Who pays for this paving is an issue between proper-
ty owners in the plat.
• A sidewalk is required across the frontage of all lots in
the preliminary plat. They may be phased with final
platting of each lot. Each lot is part of the total
design of the development.
Utilities:
General:
• A 20 foot utility easement is requested along FM 2181
frontage. The Utilities Department may request to work
with the developer on the timing of the paving of the lot
over the utility easement. The Upper Trinity Regional
Water District in cooperation with the City will be
installing an 18 inch water line in this easement within
two (2) years.
Water:
• An 8 inch water lino is located along the western side of
FM 2181. Pro rata is due for the frontage along FM 2181
at $16.43 per linear foot.
Sewer:
• The nearest sewer is on Hickory Creek Road at McNair '
Elementary School, 4,000 feet to the west or along Hickory
Creek about 4,000 feet south of the site.
• The applicant has submitted a concept design for an on-
site septic system based on office use with 40 employees.
The Utility Department has reviewed this and based on the
criteria given, it has been determined the septic should
work on proposed lot one (1). If the applicant modifies
M
3.
i
Ho.- ~.3-ao3
(Case Z-92-030) ACV&
Page Three
Date _ L114 - L3
SPECIAL INFORMATION (continued)
(
the office use or number of users as shown on their
Concept Design Septic Treatment System Plan, further
studies will be required by the applicant and the City.
• All septic tanks must comply with Section 34-119, Alterna-
tive Water and Sewer Systems.
Septic tank for proposed Lot 10 Block 1 must be contained i
on the lot.
fin.
ultimate development will be required to have four (4)
additional fire hydrants along Teasley Lane (FM 2181). I
The fire hydrant flow test data does not now meet. Medium
Intensity Commercial requirements per Ordinance 91-065.
Even if all structures on site are provided with sprinkler
protection, the water supply will be short 250 gallons per
minute.
Fire flow is currently 581 Gallons Per Minute (GPM) at
20 psi. Improvements to this area are planned before
building occupancy and shall increase the flow in
excess of 750 GPM at 20 psi, and then meets the fire
flow standards.
The buildings will be required to be provided with an
automatic sprinkler system due to the construction type of
the buildings, and fire flow.
Elect:
Electric service is available to tte property from the
three phase overhead facility on Teasley Lane, the east
side of the property, and the three phase overhead facili-
ty on the south side of Hickory Creek Road.
Easements will be required if electric service crosses lot
lines.
It is recommended that a pad mounted transformer be
located as close as practical to the building's Master
Distribution panel. In addition, the transformer must be
located where it is accessible to heavy equipment and in
an area where it will not conflict with landscaping or
building architecture. Phase 16 II could possibly be
ti
(Case Z-92-030) A9~¢al~enr6A _
Page Four rate
SP'CIAL INFORMATION (continual)
served from a centrally located transformer however, if it
is technically unfeasible, or the applicant decides to
serve the two facilities separately, a second pad mounted
transformer would be installed in Phase II.
Drainage:
The site will have both Cj retention (wet) and a detention (dry)
pond in order to off-set increases in drainage run-off. The
100 year floodplain has been dedicated as a drainage easement
and is acceptable.
HISTORY
On May 6, 19861 the City Council approved the rezoning of this
site from the Agricultural (A) district to tha Planned Develop-
ment (PD) district for a mixed use developrient consisting of
Park land, Single Family detached (6,000 s.f. max. lot size),
Multi-Family, Office and General Retail usage.
On December 16, 1992, the Planning and Zoning Commission heard
case Z-92-030 and recommended approval. However, due to a
technical error regarding land area calculations the Planning
and Zoning Commission reheard the care and recommended approval
(5-0) at their meeting of January 13, 1993.
ANALYSIR
This property is located in a Moderato Activity Center which, ~
according to the Denton Drsvelopment Plan, r.!ncourages mixed land
uses of moderate intensity.
The proposal is to rezone 58.81 acres of the Planned Develop-
ment to the Agricultural district ~cind amend the remaining 15.67
acres by providing a detailed site plan for the purpose of a
Televangelist Ministry use.
S'
~(Case Z-92-030)It^,QS
Page Five
ANALYSIS (continued) i
The situ plan shows that the property will Le built out in two
(2) phases. The first phase will consist of offices, warehous-
ing, printing, production studio, and guest quarters. The
second phase is proposing a 10000 seat auditorium and a 600
seat amphitheater.
Intensity allocation in a moderate activity center is 350/acre.
Technically speaking, the 74.5 acres has an allocation of
26,075 trips. However, with the uses designated for this site
via PD-1141 the following trips were allocated:
Single family (27.4 acres; 117 units) 1,170.0
Park (3.24 acres) 97.2
General Retail (20.20 acres) 13 130.0
Office (6.12 acrea) Multi-family (1r 2,142.0 1
.lb acres, 345 unite 2.760.0
TOTAL TRIP ALLOCATION 190299.2
Based on these calculations, there are still 6,775.8 trips
remaining for allocation on this site. If this property is
rezoned for the proposed uses, a trip allocation reduction
would occur.
1. Office, Warehouse, Studio Production,
Guest Quarters: 21571.5
2. Institutional 584.8
3. Agricultural (60.33) 3161918
TOTAL 60776.1
Trip reduction would be 12,523.1 trips. Thus, this policy is
not violated.
The site contains numerous protected trees. The design is such
that tree protection iE apparont. The campus-like layo,it of
the detailed plan provides ample open space, adequate parking,
and a low floor-to-area ratio.
The site plan delineates a 65 foot high prayer tower located on
a hill. There was concern by the property owner to the west.
However, the applicant and owner have worked this issue out.
I
I
I
Aaenda No (Case Z-92-030)
Page Six
Date
ANALYSIS (continued)
7t must be noted at this time that if microwave towers,
antennas and/or satellite dishes are to be located on this
site, a plan amendment is required and must be approved by the
City Council. However, should the owner choose to place any of
these appurtenances on the roof of the building, if the plan is
approved, they may be located there provided the maximum height
limitation is not exceeded. If the combined height of building
j and appurtenances exceeds the maximum of 50 feet, then a plan
amendment and Council approval is required.
Another policy of the Denton Development Plan concerns neigh-
borhood input. Duriny the first week of December, the appli-
cant informed staff that they had met with some neighbors and
it did not appear as though there were any concerns.
Staff believes the design, as shown on the detailed plan, is
site-sensitive especially pertaining to tree preservation.
The development is in compliance with all policies of the
Denton Development Plan for Moderate Activity Centers.
RECOMMENDATION
The Planning and Zoning commission recommends approval of 2-92-
030 (5-0).
ALTERNATIVES
1. Approve petition.
2. Approve petition with additional conditions.
3. Deny petition.
4. Delay decision.
J
AW4No
(Case Z-92-030) ES`
Page Seven
ATTACHMENTS
1. Location map.
2. Reduced Detailed Plan.
3. PD-114 ordinance and Plan.
4. Draft copy of P 6 Z Minutes dated December lb, 1992.
5. Draft copy of P & Z Minutes dated January 13, 1993.
b. Ordinance. I~
I~
III
E ,
1
AXX00261
l
ATTACHMENT 1
Z-92.030 Dwight Thompson ministries
NORTH
r f 7
In,
~ P!1! :M- r.y~ ,per > : •
h
Ay, cwri
1 \ \ SITS 7 s
r_j I 1
L .t
C ~ ~ 1
Date: 12/04/92 Scale: NONE
c~
11It GAO
IS ACRE 1.111 CROl1 ACRH---
I$ NEt 1CA. ,
{.111 MET ACPF9 t
~I PHASE # f PHASE It
fl ~ ...r
.
d a.. i' t ~C~`rIJ Ct) ut.TJ
I:
Co
pI
1~ A
~1 I1~ ~ ~ ' 1~ • ,IP f✓ r E v$1 t.~ N ~ ~ -
17
h r ~•~•'C' i~Jllr d• '
~ 1 ~'i. `,r//// ~'l: All .rl~ { 'r L~f~'J.1 \ ,
L r rJ.v c lflr~ anPilr v' I ' 'i G ~o-ls l~ ^ . +
' ~ L 'J L , :.1_ , I ~ r~rs4s3t j_ . ' ~ A. TNAILNY idle-- -
_ 1Nt AatmtcnA.u coutcrnt IAc
I t F- ~ r ~ w sn iAenr ema, rnr dYA
, [a~lW l Aro•1 .I. YlL
DNTAIL PLAN o..va ^
t To/xw NiTr[L i
,J~~ - ••.,.n 16.676 TOTAL ACM
J
IJ:JL
Apand&Ni
ATTAC101ENT 3 Age Ada IIs
Rita !=1_.`~ 'L3
Ar ORDINANCE ifENDt!G THE .ONINr, AAP OF THE CITY' OF DENTON,SC TEEStA
S,
AT1S Si'dE wA5 ADOPTED AS i.N APPE'DIX TO THE CODE OF 9RDIN,A1E CfTY OF DEN TO N, TE.YAS, BY OADINAN'CE 50. 59.11 AS AMENDED, AND
OF
AS SAID MAD APPLIES TC 14.9 ACRES OF LAND LOCATED AT THE VAT;{.
NEST CORNER OF HICKORY CREEK ROAD AND TEASLEY LANE, AS IS MORE
PARTICULARLYOYEFROHBADAIE EIS; CULTURAL PROVIDE FOR A CHANGE IN :OS;NU
USE DESIGNATION, TO PLANNED DEN'ELOPXE~T r10" DISTRSCr CLA N AND
CATION AND USE DESIGNATION; PRovlotNG FOR A PENALTY IS ALAA6IMUM
.A.HOU.NT OF 11,000.00 FOR 4IOLANONS THEREOF; AND PROVIDING F)R AN
EFFECTI4E DATE,
I
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1,
That the toning cIA3SIIF iCA tIon and use designation of the
real property 4escribe4 In Exhibit "A", atrached hereto and
incorporated herein by reference, is hereby changed from
Agricultural "A" District Classification and Use des ISnatton to
Planned Development "PD" District Classification and Use
designation under the comprehensive toning ordinance of the r.lty
of Denton, Texas,
SECTION N.
That the "development con,ept" site plan, attached hereto As
Exhibit a and Incorporated herein by reference, is approved as 3
p
plan reliminary stte plan f?r the district. Any comDprehensty• site
with 'equ're' to be
pment cso herein
amended concept plan
submitted for approval shall show and include the whole Glstrict,
SECTION III,
That the district her in aroved she I I e
following conditions, resttrictions, and limitatibonssubJect to the
1. Prior to the beginning of any deveIop%*.it :r construction
oat the th
issuance e dIstriof' any of aldjnparceI of land ur please thereof,
comprehensive site plan for the parcelmofslandtfurtwhich develop,
ment is proposed, whether one or more, shall be submitted for
oEptheaCode of cOrdina cesiandt the provisions requirements of of Appendix l ordinance.
The comprehensive site plans required herein shall be submitted s
In the manner and form acceptable to the Department of Planning
and Community Development and shall show or contain Information
as to all pproposed land uses, development standards and regu-
l
ations to be aEpppplicable therein, including, but not limited to,
the
and locatni; are,sall buildings open structures, streets, parkin
uttlitles and drainage facilities; 'p thacad esmaximumatheightsofmaaIII
buildings and structures; the dimensions of building lots; the
maximum lot coverages and building setbacks; all buffering and
F screening areas and devices; the location, site, and types of
andasuch otther informatt n egusla
maiy be requiredpmlled to all stns;
y the department.
i
AgendaNo
Aganda items a~1J i
~a ya, s
A general development plan as specified A of i
the Code of Ordinances in Appendix
, snail be submitted For the first parcel
include ant exact descrip[lonelof call rinFras[ructureel pl unrements
necessary to serve thn parcel of land 0r phase proposed for
development. The plan shall specify the phases in which all
parcels of land within the district are proposed to be developed.
1. With each comprehenslve site plan e e a u n submitted for approval,
show All existing trees overt talce a submiitned. Tterplanashal inc six feet from ground level; which of those trees required tc be
shown, will be removed as a result of development; and the
location, site, and type of trees that w I I I be substituted for
any existing trees that are proposed to be removed, or will be
planted in addition thereto.
4. With each comprehensive site plan submitted for s preval
showinYrc+[l l., D twent. , landscaping plan shall be submitted
exclusive of areas for street s riof th ghts-way, +toabeE the tract,
used and maintained as common areas for plants, shrubs grasses ermanently
or other landscape features, S. All development contracts required to be executed in
accordance with Appendix A of the Cade of Ordinances for the
development of any parcel of land shall provide for the
construction of sidewalks, meetlnFrr City specifications, along the
csoonusttherurcntand western Ides or improved within or adjacentDtolthe ditsttrltct. to be
and shallrtbe governled detveloped and accordance esiwith,
ngle
family (SF-7) aoning districts as provided for in Appendix
B•Zoning of the Code of Ordinances, except that the maximum lot
area shall be 6,000 square feet,
7. Parcel E shall be developed and used in accordance with,
and be governed by, the regulations applicable to MiltI - family
( MF-1) zoning districts as provided for to Appet,dlx 8•:oning of
the Code of Ordinances.
B, Parcel C shall be developed and used In artordance with,
and be governed by, the regQulations applicable to office (0)
aonin districts as provided Eor in Appendix B-Zonir,e of the Code
of ordinances.
9. Parcel D shall be developed and used In accordance with,
and be governed by, the regulations applicable to General Retail
(GR) aoningdistricts
s; as provided for In Appendix S-Zoning of the
cod* of 0 provided however that the following
additional uses shall be permitted uses therein; new or used car
sales (open), second hand store, used furniture or rummage sale.
cabinet and upholstery shop, scientific or research laboratories,
storage or sales warehouses, wholesale office and sample room,
and roller or ice skating rink,
10. No parking lots or areas shall be permitted In any required
setback, except for private driveways but It for Parcel A.
11. Tat comprehensive site plans for Parcels C, D and E must
' h~nfaum A9 sign for internal traffic circulation providing a
toot vehicular stacking lone or area, to which no
roads or parking areas shall be connected.
Z•1794/PAGE 2
AQWa No
Agenda Itertl S
cote
I:. ine itreet right-of.way for the proposed stret/
from PM :191 through Parcel C shall be 60 foot in wtsteh,
ettendsnr
13, the deceleration lane
a l l b along
she b us l t rn Can l unc t Lon i th the d
It, accordance w i eh f F.M :L9! front ng Parce
I t ; r
JecaIeratton ,,It -m ) standards, development of Parcel C,
rceleC, The engineering plans (ar the
reMulred platting of Pa for
submitted approval with the
'c a nna detached elfin shall
0 C, ty be permitted in Parcel D, wh i c h
comprehensive s C i t e a regulations and be ehown on
district shell be shouaaon thet°the r detscaei s the re
lips Qufred
and shall conform t applicable to thr
a onin to City regulations as er1lnsite of l:
g cE the Coca of Ordinances Provided fo
, r
I pperdl~
SECTIIOy 1_
$hallh not tltand Di so rot iOf the ntended district deemed a o r h
particular land provided ferein
to mean that Lhasa In such district, but shall bepconstruedfonly
114Y be considered aproposed land uses, as provided
at the time the comprehensive flLeopriate uses for therdjerein
the approval thereof being based upont relevant submitte therefort,
site lude, but not be limited to: the rs which ma
effective date of this ordinance to the
psad from the
11'40 s plan For the district im su data the a at
buildings or dwelling units and comprehensive
bmitted; the number of
and dessgn of the buildings, streetiased uses proposed
and other development features; and theDarsn ' the arrangement Ire be aDDIled to the district. Proposed regulauttIant s tito
SECTlO,Y V,
C That the development of the property shall be
+PDormpol i v aednce and with de she fin7[ comprehensive In substantial
flops, condletons. fhor site
Composed andsnthee reaEter
gule•
day ofeJ~huory M1969f as a City of Denton. Texas, adapted the LatA
the City of Denton, an Appendix co the Cade of Ordinances of
is hereby amended o Taxas under Ordinance V O.
Chane and Use subJe<t to thesabovsucondlticns ;ndDsstrict 1ClasesElcatlon
SECTI~ py vt Declfleatlons,
findshthathSuchtchange
for the nis l in E aecoerdancc rlthD,nt coonm,
purpose of preAeaslveeplan
Denton, Texas, and pwlthttreasmnabl~neral welfare of the city of
things for the character of the district tderatinn, a2ang ether
suitability or '
rticuar ings, uses, and with a viewtt°r sse ping the eculs
value of the build
the cost appropriate s,ssProtecting human lives o c encosng the
City of Denton land for the ■axlauaaben eflt uto gthe
, Texas, and its citizens,
SECTIO[_
or f 1laperson who sAal[ violate a provision of ,
thereof, cv° of°,Dly therewith or with any of this ordinance
tAe n ordinances
be guilty of a misdemeanorr certificate Issued tRereunder, shall
thousand Dollars (=1,000.00}~nl Eaach1e sueh A flee not exc
On*
person shell ebe (deemed
Z•1194/PACE 3
Agendalbrn
guilty of a separate offense for each and every Jay or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such
person shall be punished within the limits above,
SECTION V1(I.
That this ordinance shall become effective fourteen (ll) Jabs
from the date of i.s passage, and the City Secretary is hereby
directed to cause the caption of this ordinance to be published
twice in the Denton Record-Chronicle, the official newspaper of
` the City of Denton, Texas, within ten (101 days of the date of
Its passage.
PASSED AND APPROVED this the ~ day of 44 L"6.-
CITY F DEN'TON. TEXAS
ATTEST;
C I~RL6
CITY OF DENTON, OR 'A
APPROVED AS TO LEGAL FORM:
DEBRA ADAMZ DRAYOVITCH, CITY ATTORNEY
CITY Of DENTON, TEXAS
i
I
II
1
J
t•1191/PAGE /
AgendeNa
iieR
~yH;ec: a Agenda
oil
IL-
O@VBLOPWMENT CONCEPT '
""i'mUT-roly & CHARLii9 J. ZIF1a
e NOOLNINO
GOIIAO/IApTph~ON
~'O 7Y~11w~
i _
/Ir Z-1794
Agenda
P&Z Minutes
Dec
December 16, 1991
Page 3
sewer line. Any expansion of the building will require the
Commission's review.
Mr. Robbins noted that the sewer line will be pri.vate and
will only serve the restaurant. However, it will be bailt
to City specifications and will be dedicated to the City
when the lot to the north develops.
RECOMMENDATION: Ms. Feshari stated that the Development
Review Committee recommends approval.
Motion was made by Mr. Glasscock, seconded by Mr. Cooper,
and unanimously carried (7-0) to approve the final plat of
Lot 2, Dlock It, Exposition Hills.
VI. Thompson, Connell, Flatt Addition.
a. Hold a public hearing and consider the amendment and
rezoning of a 74.5 acre tract of land.
Eleven property owners within 200 feet of the site were
notified; one reply form was returned in favor and none
in opposition.
STAFF REPORT: Ms. Feshari presented the staff report
(attached).
Mr. Cochran asked about the prayer tower.
Ms. Feshari answered that there will be restrooms on the
bottom floor and a prayer area on the second floor.
Gerald Stone stated that the two-story building will be
14' X 14' with a spire and a circular stairway to a
balcony that looks out over the campus. The bottom floor
has bathrooms.
Ms. Feshari stated that they are planning on a 46' tower
but up to 65' is allowed.
Mr. Cooper asked about the fire flow improvements.
Mr. Cosgrove stated that there, is an existing pressuro
reducing valve that is undersized. It is '.:o be replaced
as part of this year's CIP. There is enough pressure in
the area already but it is being squeezed down too much.
When Phase II of this project develops, the applicant
H.
M '
endaN -
~enda~t4r►~Y.+?S ~!I
Dec
P&Z Minutes
' December 16, 1992
Page 4
will be required to connect to the City sewer syste,a.
I PETITIONER: Bill Coleman complimented Ms. Feshari on her
[ presentation. Ile said that Phase II is planned for 2-5
years in the future. They have made an effort to adhere
i to the staff comments. The initial offices can safely
operate with an on-site septic system. When money is
i available, they will extend the sewer line. His clients
are looking forward to coming to Denton.
No one was present to speak in favor or in opposition to
the rezoning.
RECOMMENDATION: Ms. Feshari stated that staff recommends
approval of Z-92-030.
Chairman Engelbrecht close9 the public hearing.
Motion was made by Mr. Glasscock, seconded by Mr. Cowper,
and unanimously carried (7-0) to recommend approval of Z-
92-030.
b. Consider the preliminary plat of Lots 1 and 2, Block 1;
Lot 1, Block 2; Lot 1, Vlock 3; and Lot 1, Block 4 of the
Thompson, Connell., Platt Addition and a Comprehensive
Pedestrian Access Plan.
STAFF REPORT: Ms. Feshari stated that a pedestrian
access easement is being planned to meander around the
pond and trees. She showed the Commission a sidewalk
layout. the plat meets ali requirements and the Develop-
ment Review Committeo recommends approval.
It was moved by Mr. Willis, seconded by Mr. Cochran, and
unanimously carried (7-0) to recommend approval of the
preliminary plat cf Dots 1 and 2, Block 1; Lot 1, Block
2; Lot 1, Block 3; and Lot 1, Block 4 of the Thompson,
Connell, Platt Addition nd a Compreh~ansive Pedestrian
Access Plan.
VII. Hold a puLlic hearing and consider a variance to Sections
34-124(d)(1), 34-124(e) (5)h and c, and 34-124(f) (3)a of the
Code of Ordinances concerning divinage improvements within
the proposed Lakewood Addition tucdivision.
Mr. salmon presented the staff report and recommendation
(attached), He said that the isoue is whether the drainage
93 ~D3
Ag" No.
erKlo ItNr ~ 5 _ '
FIPTACHMENT 5
0
MINUTES
Planning and Zoning Commission
J;inuary 13, 1993
I
The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas,
was held on Wednesday, January 13, 1993, at 5:00 p,m.
Present: Mike Cochran, Jim Engelbrecht, Ivan Glasscock, and Mary Evelyn Huey,
Katie Flemming, and Melvin Willis
II
Absent; Richard Cooper
Present from Staff; Frank Robbins, Executive Director for Planning and Development;
Robbie Baughman, Building Inspections; Mike Bucek, Assistant City Attorney;
Owen Yost, Urban Planner; Karen Feshari, Urban Planner; David Salmon,
Engineering; and Olivia Carson, Secretary
Chairman Engelbrecht called the meeting to order.
1. December 16, 1992 Minutes
Mx. Cochran stated that on page 15, paragraph 2, the woru "certain" should be
inserted so as to read, "The Council wented to correct certain problems". Also in
that same paragraph, the word "we" should be deleted so as to read, "Staff is not
supported if mechanisms to solve the problems Motion was made by Ms. Huey, seconded by Mr. Glasscock, and unanimously carried
(5.0) to approve the minutes of the December 16, 1992 meeting as corrected.
If. Hold a public hearing and consider rezoning a 74.5 acre tract of land located at the
northwest corner of FM 2181 and Hickory Creek Road by considering a detailed plan
for 15.67 acres and changing tfe zoning from Planned Development to the I
Agricultural distirct on the remaining 58.81 acres.
I1 notices were sent to property oW ners within 200' of the site; one was returned in
favor and none in opposition. ,
STAFF REPORT; Ms. Feshari stated that this case was previously heard by the
Commission at their December 16, 1992 meeting. It was discovered later that there
was an error in the land calculations on the site plan. The site plan the Commission
previously considered listed th; ucreage incorrectly due !o a scrivener's error.
Otherwise, the site plan remains the same. The Commissimi needs to vote on a site
plan with the correct acreage.
No one was present to speak in favor or in opposition to the case.
/ J'
AAt~Na _ ~l~F'~1
AoendalM ,BS 111 19
P&Z Minutes t>ata-~-
January 13, 1993 /9~?S
Page 2 DRAFT G/
RECOMMENDATION: Nis, Feshari stated that the staff recommends approval of
Z•92.030.
Chairman Engelbrecht closed the public hearing.
It was moved by Mr. Glasscock, seconded by Nit. Cochran, and unanimously carried
(5.0) to recommend approval of Z-92.030.
Ill. Consent Ageridd
Mr. Robbins asked to have item a, the Lakewood Addition, removed from the
consent agenda in order to postpone it.
Ms. Huey moved to pull item a, the Lakewood Addition, from consent agenda.
Motion was seconded by Mr. Cochran and unanimously carried (5.0).
RECOMMENDATION: Nit. Robbins stated that staff recommends approval of the
consent agenda.
Motion was made by Ms. Huey and seconded by Nit. Glasscock to approve the
consent agenda as follows:
b. The preliminary plat of lots 1 and 2, Block 1, and the final plat of lot 1,B1ock
1, of the Elm-University Addition.
C. The preliminary and final plats of Lots I and 2, Block I of the Chiquita
Addition.
d. The final plat of lot I, Block A and Lot 1, Block B of the D. Lombard
Addition,
C. The preliminary and final plats of Lot 1,Block 1, of the Dental Specialty Clinic
Addition.
f. The preliminary plat of lots I and 2, Block 1, of the Love's Country Stores
Addition.
Mr. Cochran asked if the Dental Specialty Addition is the site of the existing church
ALL00412
bpendaltenl .E'S ~`~r_~
ATTACH , T,j
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING PLANNED DE-
VELOPMENT (PD) NO. 114, ADOPTED BY ORDINANCE 86-92, BY REPEALING
ALL CONDITIONS AND SITE PLANS UNDER PD NO. 114 CONSISTING OF A 74.5
ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF F.M. 2181 AND HICKORY
CREEK ROAD; AND APPROVING A NEW DETAILED PLAN FOR 15.67 ACRES OF
THE PD; AND BY REZONING THE REMAINING 58.81 ACRES OF PD NO. 114 TO
AGRICULTURAL "A" ZONING DISTRICT; PROVIDING FOR A PENALTY I. THE
MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, Dwight Thompson Ministries has applied for an amend-
ment to Planned Development (PD) No. 114, established with the
adoption of Ordinance 86-92, by providing a detailed plan for a
15.67 acre portion of the PD tract a;1d by rezoning the remainder of
PD No. 114 to the Agricultural "A" zoning district; and
WHEREAS, on December 16, 19921 the Planning and zoning commis-
sion recommended approval of the requested change in zoning; and
WHEREAS, the City Council finds that the change in zoning will
be in compliance with the Denton Development Plan; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON ORDAINS:
SECTION I, That Planned Development (PD) No. 114 consisting
of approximately 74.5 acres is amended by substituting a new de-
tailed plan for 15.67 acres of land which is described in Exhibit
"A", attached hereto and made a part hereof and reflected more com-
pletely in the detailed plan identified in Exhibit "B", attached
hereto and made a part hereof and by rezoning the remaining 58.81
acres of PD No. 114 to Agricultural "A" zoning district class-
ification and use designation which is described in Exhibit "C",
attached hereto and made a part hereof, under the comprehensive
zoning ordinance of the city of Denton.
Y_L92jQN II- That the City's official zoning map is amended to
show the change in zoning district classification.
BECT_ION III. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$2,00. 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
fourteen (14) days from the date of its passage, and the City
secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
~~O
Agenda l* -5 'r* A _
pate `
PASSED ANY) APPROVED this the day of i, 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYi./cA~ ~o 'CI
I
I
I
i
i
PACE Z
I
i
EXHIBIT "A'• aQeaOaitem_S`,..
~iie
15.61 ACRE TRACT
PROPOSED PLANNED DEVELOPMF.N'f ZONING
All that certain tract of land situated in the Eli Pickett Survey, Abstract
Number 1018 and being a part of the called 54.4788 acre tract described in the
deed to Dwight Thompson Ministries, Inc. recorded In Volume 3135, Page 439 of
the Real Property Records of Denton County, TeKas; the subject tract being more
particularly described from record information as follows:
BEGINNING for the Southeast corner of the tract being described herein, at an
iron pin called for at the Southeast corner of the 54.4788 acre Thompson tract
at the Intersection of the West Right-of-Way of FH Ilwy 2181 and the Center line
of Hickory Creek Road;
THENCE North 87 Degrees 39 Minutes 43 Seconds West along Hickory Creek Road
with the South line of the said Thompson tract a distance of 617.52 feet to an
iron pin at the Southwest corner thereof and being the Southeast corner of the
10.000 acre tract described In the deed to Paul Platt et ux recorded in Volume
3135, Page 433 of the said Real Property Records;
THENCE North 02 Degrees 20 Minutes 17 Seconds East with the West line of the
said Thompson tract and the East line of the 10.0 acre Platt tract passing the
Northeast corner thereof and the Southeast corner of the called 10.00 acre
tract described in the deed to George T. Connell, Jr. recorded in Volume 31350
Page 436 of the said Real Property Records, in all, a total distance of 1123.04
feet to the Northwest corner of the herein described tract and a reentrant
corner of a certain 58.81 acre tract;
THENCE South 88 Degrees 58 Minutes 20 Seconds East severing the said Thompson
tract with a South line of the 58.81 acre tract a distance of 588.36 feet to a
point in the !.Jest Right-of-Way of FM 2181 for the most Easterly Southeast
corner thereof;
THENCE South 00 Degrees 01 Minutes C', Seconds East with the East line of the
54.4788 acre Thompson tract and the W t Right-of-Way of FH 2181 a distance of
181.85 feet to a Rtght-of-Way post at an Angle point therein;
THENCE South Of Degrees 01 Minutes 40 Seconds West continuing with the said
West Right-of-Way of PH 2161 a distance of 955.05 feet to the PLACr OF
BEGINNING and enclosing 15.67 acres of land.
This description was prepared from record information only.
9241/jd38
1
EXHIBIT "B"
1..
cNOit ac es
'
I 6111 GROSS ACAIII N•siSaH t NIT?Cep Stu wit ACRIS
PHASE ♦ 1~ PHASE ♦t
1 ~ ll j
r 1 C r. l {
Y
S • ,1 1 _ ,~'LICY l ~
z;i
• o _
o• 1 a• „ u
hflrHf1 --TfAskeyLANG
`ll~ I ~ usrTi t 4
w w ,w {
DI TAIL I+LAN ncvts LIIRN[i
a l~uTtirM
W W
•t~ ~ii Y I.I .IIY
. c.,n 16.676 TOTAL ACRE! ._e74. .....I ~ l
YICINItt YA► ~ I '
EXHIBIT .'C,. AQBf~BNO. 'G'G
Apda
53.81 ACRE TRAcr D08_ _y:
PROPOSED ACRICIJUUR 1. Zomtii1
All that certain tract of land situated in the Eli Pickett Survey, Abstract
Number 1018 and being all of the Gilled 10.00 acre tract described in the deed
to George T. Connell, Jr. recorded in Volume 3135, Page 436 of the Real
Property Records of Denton County, Texas, and ill of the called 10.00 acre
tract described in the deed to Paul Flatt et ux recorded in Volume 3135, Page
433 of the said Real Property Records and a part of the called 54.4783 acre
tract described in the deed to Dwight Thompson Ministries, Inc. recorded in
Volume 3135, Pave 439 of the said real Property Records; the subject tract
being more
particularly described from record Information as follows:
BEGINNING for the most Easterly Southeast corner of the tract being described
herein, at an iron pin called for at the Southeast corner of the 10.0 acre
Flatt tract and the Southwest corner of the 54.4788 acre Thompson tract in the
Center line of Hickory Creek Road, and called to be North 87 Degrees 39 Minutes
43 Seconds West a distance of 617.52 fron Its intersection with the West Right-
of-Way of FM 2181;
THENCE North 37 Degrees 39 Minutes 43 Second; West along the Center line of
Hickory Creek Road and the South line of the said Flatt tract a distance of
800.00 feet to an iron pin called for at the Southwest corner thereof;
THENCE North 06 Degrees 46 Minutes 25 Seconds East along a fence with the West
line of the said Flatt tract passing the Northwest corner thereof and the
Southwest corner of the 10.0 acre Connell tract, in all, a total distance of
796.80 feet to an Iron pin called for at the Westerly Northwest corner of the
said Connell tract;
THENCE South 8t Degrees 23 Minutes 30 Seconds East with a line of the said
Connell tract a distance of 100.80 feet to an iron pin called for at a
reentrant corner thereof;
THENCE North 03 Degrees 48 Minutes 57 Seconds East with the West line of the
said Connell tract, passing the Northerly Northwest corner thereof and
continuing with a West line of the said Thompson tract, in all, a total
distance of 722.03 feet to an iron pin called for for a reentrant corner
thereof;
THENCE North 84 Degrees 23 Minutes 27 Seconds 17est with a South line of the
said Thom- ' )son tract a distance of 25.44 feet to an iron pin called for at an
angle point therein;
THENCE South 85 Degrees 46 Minutes 53 Seconds West continuing with the South
line of the said Thompson tract a distance of 1183.68 feet to an iron pin
called for at the most Westerly Southwest corner thereof;
THENCE North 01 Degrees 25 Minutes 29 Seconds East With a West line of the said
Thompson tract a distance of 579.93 feet to an iron pin called for at the
Westerly Northwest corner thereof;
i
!I
PAGE 2 OF EXHIBIT "C„ A~endeN~, . _ ,r~ 3
Agenda Ilert1 ~S
58~ +46R8--1 RAC" --/y3
Page 2
THENCE North 89 Degrees 'rl Minutes 00 Seconds East with the North line of e
satl Thompson tract a distance of 2381.90 feet to an iron pin called for at the
Northeast corner thereof in the West Right-of-Way of FM 2181;
THENCE South 00 Degrees 01 Minutes 04 Seconds East with the East line of the
said Thompson tract and the West Right-of-Way of FM 2181 a distance of 934.13
feet to a point for the Easterly Southeast corner of the herein described tract
at the Northeast corner of a certain 15.67 acre tract;
THENCE North 38 Degrees 58 Minutes 20 Seconds West severing the said Thompson
tract with the North line of the 15.67 acre tract a distance of 588.36 feet to
the Northwest corner thereof in a West line of the said Thompson tract and the
East line of the said Connell tract;
THENCE South 02 Degrees 20 Minutes 17 Seconds West with the West line of the
said Thompson tract and the East line of the said Connell tract, passing the
Southeast corner thereof and the Northeast corner of the said Flatt tract
continuing, in all, a total distance of 1123.04 feet to the PLACE OF BEGINNING
and enclosing 58.81 acres of land.
This description was prepared from record information only.
9241/jd38
IM ~
I
.tea-.
1
1
to
~?t
~rrt
CITYWA
COUNCIL
a
Of 4.
o
a ti~
o
co
s o~
C~ ~y \Y
oO~N O
Iall
X. Elil
Wm~
v
ApW#No.
ORDINANCE NO. 93-_ A8::41I
ORDINANCE G
AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF D£NTON
CERTIFICATES OF OBLIGATION, SERIES 1993, AND APPROVING AND
AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
^ WHEREAS, the Certificate of Obligation Act of 1971, as
amended and codified (the "Act") permits the City to issue and ~
sell for cash the Certificates of Obligation hereinafter
authorized; and
WHEREAS, the City has duly caused notice of its intention
to issue the Certificates of obligation hereinafter authorized
to be published at the times and in the manner required by the
Act and no petition has been filed protesting the issuance
thereof.
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEIEBY
ORDAINS THAT:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The
certificate or certificates of the city of Denton, Texas (the
"Issuer") are hereby authorized to be issued and delivered in
the aggregate principal amount of $10450,0000 FOR THE PURPOSE
OF PAYING ALL OR A PORTION OF THE CITY S CONTRACTUAL OBLIGA-
TIONS INCURRED (1) PURSUANT TO CONTRACTS FOR THE CONSTRUCTION
OF PUBLIC WORKS, TO-WITi RENOVATING A CITY SWIMMING POOL: AND
(2) PURSUANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLOWING
EQUIPMENT FOR CITY USE: THREE REFUSE COLLECTION TRUCKS, A
BRUSH COLLECTION TRUCK, A STAKE BED TRUCK, THREE FIRE FIGHTING
TRUCKS, AN AMBULANCE, A FOUR DOOR SEDAN, AND TWELVE POLICE
CARS: AND ALSO FOR THE PURPOSE OF PAYING ALL OR A PORTION OF
THE CITYPS CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF
ENGINEERING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION
WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION.
Section 2. DESIGNATION OF THE CERTIFICATES. Each cert-
ificate issued pursuant to this ordinance shall be designated:
"CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 199311, and
initially there shall be issued, sold, and delivered hereunder
a single fully registered certificate, without interest cou-
pons, payable in installments of principal (the "Initial
Certificate"), but the Initial certificate may be assigned and
transferred and/or converted into and exchanged for a like
aggregate principal amount of fully registered certificates,
without interest coupons, having serial maturities, and in the
denomination or denominations of $5,000 or any integral
l
~gendaA'o _..1 - -03 _
7
AdetOall" 6 11110'
multiple of $5,000, all in the manner hereinafter provided.
The term "Certificates" as used in this ordinance shall mean
and include collectively the Initial Certificate and all
substitute certificates exchanged therefor, as well as all
other substitute certificates and replacement certificates
issued pursuant hereto, and the term "Certificates" shall mean
any of the Certificates.
Section 3. INITIAL DATE, DENOMINATION, NUMAER, MATURI-
TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE
INITIAL CERTIFICATE.
I
j (a) The Initial Certificate is hereby authorized to be
issued, sold, and delivered hereunder as a single fully
registered Certificate, without interest coupons, dated Febru-
ary 1, 1993, in the denomination and aggregate principal amount
of $1,450,000, numbered R-1, payable in annual installments of
principal to the initial registered owner thereof, to-wit:
,
or to the registered assignee or assignees of said Certificate
or any portion or portions thereof (in each case, the "regis-
tered owner"), with the annual installments of principal of the
Initial Certificate to be payable on the dates, respectively,
and in the principal amounts, respectively, stated in the FORM
OF INITIAL CERTIFICATE set forth in this ordinance.
(b) The Initial Certificate (i) may be assigned and
transferred, (ii) may be converted and exchanged for other
certificates, (iii) shall have the characteristics, and (iv)
shall be signed and sealed, and the principal of and interest
on the Initial Certificate shall be payable, all as provided,
and in the manner required or indicated, in the FORM OF INITIAL
CERTIFICATE set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the
Initial Certificate shall bear interest from the date of the
Initial Certificate to the respective scheduled due dates of
the installments of principal of the Initial Certificate, and
said interest shall be payable, all in the manner provided and
at the rates and on the dates stated in the FORM OF INITIAL
CERTIFICATE set forth in this ordinance.
Section 5. FORM OF INITIAL CERTIFICATE. The form of the
initial Certificate, including the form of Registration Certif-
icate of the Comptroller of Public Accounts of the State of
Texas to be endorsed on the Initial Certificate, shall be
substantially as follows:
4geRd#No .___L3 C~ 3
agendaltem.~.4'S-_ 7 _
FORM OF INITIAL CERTIFICATE l/
NO. R-1 $1,450,000
UNITED STATES OF AMERICA
STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 1993
THE CITY OF DENTON, in Denton County, Texas (the "Issu-
er"), being a political subdivision of the Stato of Texas,
hereby promises to pay to
or to the registered assignee or assignees of this Certificate
or any portion or portions hereof (in each case, the "regis-
tered owner") the aggregate principal amount of
$1,450,000
(ONE MILLION FOUR HUNDRED FIFTY THOUSAND DOLLARS)
in annual installments of principal due and payable on JULY 1
In each of the years, and in the respective principal amounts,
as set forth in the following scheiule:
PRINCIPAL PRINCIPAL
YFBB AMOUNT y~g AMOUNT
1994 $280,000 1999 $80,000 1
1995 2850000 2000 80,000
1996 285,000 7001 80,000
1997 100,000 2002 80,000
1998 100,000 2003 800000
and to pay interest, calculated on tl,e basis of a 360-day year
composed of twelve 30-day months, from the date of this Certif-
icate hereinafter stated, on the balance of each such install-
ment of principal, respectively, from time to time remaining
unpaid, at the rates as follows:
= per annum on the above installment due in 1994 '
i< per annum on the above installment due in 1995
3 per annum on the above installment due in 1996
per annum on the above installment due in 1997
1 per annum on t'-e above installment due in 1998
t per annum on :'.e above installment duo in 1999
per annum on the above installment due in 2000
per annum on the above installment due in 2001
t per annum on the abovo inutallment due in 2002
t per annum on the above installment due in 2003
3
I
with said interest being payable on JANUARY 1, 1994, and semi-
annually on each JULY 1 and JANUARY 1 thereafter while this
Certificate or any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE I11TEREST ON this
Certificate are payable in lawful money of the United States of
America, without exchange or collection charges. The install-
mants of principal and the interest on this Certificate are
payable to the registered owner hereof through the services of
NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS, which is the
"Paying Agent/Registrar" for this Certificate. Payment of all
principal of and interest on this Certificate shall be made by
the Paying Agent/Registrar to the registered owner hereof on
each principal and/or interest payment date by check dated as
j of such date, drawn by the Paying Agent/Registrar on, and
j payable solely from, funds of the Issuer required by the
ordinance authorizing the issuance of this Certificate (the
"Certificate ordinance") to be on deposit with the Paying
Agent/Registrar for such purpose as hereinafter prcvidedl and
such check shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such
principal and/or interest payment date, to the registered owner
hereof, at the address of the registered owner, as it appeared
at the close of business on the 15th day of the month next
preceding each such date (the "Record Date") on the Registra-
tion Books kept by the Paying Agent/Registrar, as hereinafter
described. The Issuer covenants with the registered owner of
this Certificate that on or before each principal and/or
interest payment date for this Certificate it will make avail-
able to the Paying Agent/Registrar, from the "Interest and
Sinking Fund" created by the Certificate Ordinance, the amounts
required to provide for the payment, in immediately available
funds, of all principal of and interest on this Certificate,
when due.
IF THE DATE for the payment of the principal of or inter-
est on this Certificate shall be a Saturday, Sunday, a legal
holiday, or a day on which banking institutions in the City
where the Paying Agent/Registrar is located are authorized by
law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment
was due,
THIS CERTIFICATE has been authorized in accordance with
the Constitution and laws of the State of Texas FOR THE PURPOSE
4
i
1
OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGA-
TIONS INCURRED (1) PURSUAN4 TO CONTRACTS FOR THE CONSTRUCTION
OF PUBLIC WORKS, TO-WIT: RENOVATING A CITY SWIMMING POOL; AND
(2) PURSUANT TO CONTRACTS FOR THE PURCHASE OF THE FOLLOWING
EQUIPMENT FOR CITY USE: THREE REFUSE COLLECTION TRUCKS, A
BRUSH COLLECTION TRUCK, A STAKE BED TRUCK, THREE FIRE FIGHTING
TRUCKS, AN AMBULANCE, A FOUR DOOR SEDAN, AND TWELVE POLICE
CARS; AND ALSO FOR THE PURPOSE, OF PAYING ALL OR A PORTION OF
THE CITY'S CONTRACTUAL OBLIGATIONS FOR PROFESSIONAL SERVICES OF
ENGINEERING, ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION
WITH THE ABOVE CONTRACTS AND SAID CERTIFICATES OF OBLIGATION.
THIS CERTIFICATE, to the extent of the unpaid principal
balance hereof, or any unpaid portion hereof in any integral
multiple of $5,000, may be assigned by the initial registered
owner hereof and shall be transferred only in the Registration
Books of the Issuer kept by the Paying Agent/Registrar acting
t in the capacity of registrar for the Certificates, upon the
terms and conditions set forth in the Certificate ordinance.
Among other requirements for such transfer, this Certificate
must be presented and surrendered to the Paying Agent/Registrar
for cancellation, together with proper instruments of assign-
ment, in form and with guarantee of signatures satisfactory to
the Paying Agent/Registrar, evidencing assignment by the
initial registered owner of this Certificate, or any portion or
portions hereof in any integral multiple of $5,000, to the
assignee or assignees in whose name or names this Certificate
or any such portion or portions hereof is or are to be trans-
ferred and registered. Any instrument or instruments of
assignment satisfactory to the paying Agent/Registrar may be
used to evidence the assignment of this Certificate or any such
portion or portions hereof by the initial registered owner
hereof. A new certificate or certificates payable to such
assignee or assignees (which then will be the new registered
owner 3r owners of such new Certificate or certificates) or to
the initial registered owner as to any portion of this Certifi-
cate wlich is not being assigned and transferred by the initial
registered owner, shall be delivered by the Paying Agent/Regis-
trar in conversion of and exchange for this Certificate or any
portion or portions hereof, but solely in the form and manner
as provided in the next paragraph hereof for the conversion and
exchange of this Certificate or any portion hereof. The ,
registered owner of this Certificate shall be deemed and
treated by the Issuer and the Paying Agent/Registrar as the
absolute owner hereof for all purposes, including payment and
discharge of liability upon this Certificate to the extent of
such payment, and the Issuer and the Paying Agent/Registrar
shall not be affected by any notice to the contrary.
5
A',)cndalfem__-.C~
i 13~
AS PROVIDED above and in the Certificate Ordinance, this
Certificate, to the extent of the unpaid principal balance
hereof, may be converted into and exchanged for a like agre-
gate principal amount of fully registered certificates, without
interest coupons payable to the assignee or assignees duly
designated in writing by the initial registered owner hereof,
or to the initial registered owner as to an portio Certificate which is not being assigned and transferredfbyhis
initial registered owner, in any denomination or denominations
in any integral multiple of $5,000
hereinafter stated that each substitutejcertificaterissuedmin
exchange for any portion of this Certificate shall have a
single stated principal maturity date), upon surrender of this
Certificate to the Paying Agent/Registrar for cancellation, all
in accordance with the form and procedures set forth in the
Certificate Ordinance. If this Certificate or any portion
hereof is assigned and transferred or converted each certifi-
cate issued in exchange for any portion hereof shall have a
single stated principal maturity date corresponding to the due
date of the installment of principal of this Certificate or
portion hereof for which the substitute certificate is being
exchanged, and shall bear interest at the rate applicable to
and borne by such installment of principal or p
reof.
ortion such certificate shall be payable in Installments, ute shall
have only one stated principal maturity date. AS PROVIDED IN
THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM
MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to
one or more assignees, but the certificates issued and de-
livered in exchange for this Certificate or any portion
may be assigned and transferred hereof
, and co=wetted, suLsequently,
as provided in the certificate Ordinal,c;e. The Issuer shall pay
the Paying Agent/Registrarls standard or customary fees and
charges for transferring, converting, and exchanging this
Certificate or Any portion thereof, but the one re
transfer, conversion, and exchange shall westing such
governmental charges required to be pay any taxes or
The Paying Agent/Registrar shall not be eiqui ed totmakerany.
such assignment, conversion, or exchange during the period
commencing with the close of business on any Record Date and
ending with the opening of business on the next following
principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for this Certifi-
cate is changed by the Issuer, resigns, or otherwise ceases to
act as such, the Issuer has covenanted in the certificate
Ordinance that it promptly will ant a tent and egal
promptly will cause written
noticeithereoft tou be t ail d rtoatheoregisterede ow er of lthisly
Certificate.
6
y
4! 11 IT IS HEREBY certified, recited, and covenanted that his ,
Certificate has been duly and validly authorized, issued, and
delivered; that all acts, conditions, ,and things required or
proper to be performed, exist, and be crone precedent to or in I
the authorization, issuance, and delivery of this Certificate
have been performed, existed, and been done in accordance with
law; that this Certificate is a general obligation of the
Issuer, issued on the full faith and credit thereof; and that
annual ad valorem taxes sufficient to provide for the payment
of the interest on and principal of this Certificate, as such
interest comes due and such principal matures, have been levied
and ordered to be levied against all taxable property in the
Issuer, and have been pledged irrevocably for such payment,
within the limit prescribed by law; and that, together with
other parity obligations, this Certificate additionally is
payable from and secured by certain surplus revenues (not to
exceed $10,000 in aggregate amount) derived by the Issuer from
the ownership and operation of the City0s Utility System
j (consisting of the City's combined waterworks system, sanitary
I sewer system, and electric light and power system), all as
provided in the Certificate Ordinance.
THE ISSUER has reserved the right to issue, in accordance
with law, and in accordance with the Certificate Ordinance,
other and additional obligations, and to enter into contracts,
payable from ad valorem taxes and/or revenues of the City's
Utility System, on a parity with, or with respect to said
revenues, superior in lien to, this Certificate.
BY BECOMING the registered owner of this Certificate, the
registered owner thereby acknowledges all of the terms and
provisions of the Certificate ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate
Ordinance is duly recorded and available for inspection in the
official minutes and records of the governing body of the
Issuer, and agrees that the terms and previsions of this
Certificate and the Certificate Ordinance constitute a contract
between the registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate
to be signed with the manual signature of the Mayor of the
Issuer and countersigned with the manual signature of the City
Secretary of the issuers has caused the official seal of the
Issuer to be duly impressed on this Certificate, and has caused
this Certificate to be dated FEBRUARY 1, 1993.
city secretary, Mayor,
City of Denton, Texas City of Denton, Texas
(CITY SEAL)
7
I
bgpda iton_.~I
l'
FORM OF REGISTRATION CERTIFICATE OF THE
COMPTROLLER OF PUBLIC ACCOUNTS:
COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO.
I hereby certify that this Certificate has been examined,
certified as to validity, and approved by the Attorney General
of the State of Texas, and that this Certificate has been
registered by the Comptroller of Public Accounts of the State
of Texas.
witness my signature and seal this
Comptroller of Public Accounts
of the State of Texas
I~f
(COMPTROLLER'S SEAL)
Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFI-
CATES. Registration and Transfer. (a) The Issuer shall keep
or cause to be kept at the principal corporate trust office of
NATIONSBANK OF TEXAS, N.A., FORT WORTH, TEXAS (the "Paying
Agent/Registrar") books or records of the registration and
transfer of the Certificates (the "Registration Books"), and
the Issuer hereby appoints the Paying Agent/Registrar as its
registrar and transfer agent to keep such books or records and
make such transfers and registrations under such reasonable
regulations as the Issuer and Paying Agent/Registrar may
prescriber and the Paying Agent/Registrar shall make such
transfers and registrations as herein provided. The Paying
Agent/Registrar shall obtain and record in the Registration
Books the address of the registered owner of each Certificate
to which payments with respect to the Certificates shall be
mailed, as herein provided; but it shall be the duty of each
registered owner to notify the Paying Agent/Registrar in
writing of the address to which payments shall be mailed, and
such interest payments shall not be mailed unless such notice
has been given. The Issuer shall have the right to inspect the
Registration Books during regular business hours of the Paying
Agent/Registrar, but otherwise the Paying Agent/Registrar shall
keep the Registration Books confidential and, unless otherwise
required by law, shall not permit their inspection by any other
entity. Registration of each Certificate may be transferred in
the Registration Books only upon presentation and surrender of
such Certificate to the Paying Agent/Registrar for transfer of
registration and cancellation, together with proper written
instruments of assignment, in form and with guarantee of
i
I
I 8
I
signatures satisfactory to the Paying Agent/Registrar, (i)
evidencing the assignment of the Certificate, or any portion
thereof in any integral multiple of $5,000, to the assignee or
assignees thereof, and (ii) the right of such assignee or
assignees to have the certificate or any such portion thereof
registered in the name of such assignee or assignees. Upon
the assignment and transfer of any Certificate or any portion
thereof, a new substitute Certificate or Certificates shall be
issued in conversion and exchange therefor in the manner herein
provided. The Initial Certificate, to the extent of the unpaid
principal balance thereof, may be assigned and transferred by
the initial registered owner thereof once only, and to one or
more assignees designated in writing by the initial registered
owner thereof. All Certificates issued and delivered in
conversion of and exchange for the Initial Certificate shall be
in any denomination or denominations of any integral multiple
of $5,000 (subject to the requirement hereinafter stated that
each substitute Certificate shall have a single stated princi-
4 pal maturity date), shall be in the form prescribed in the F RM
OF SUBSTITUTE CERTIFICATE set forth in this ordinance, and
shall have the characteristics, and may be assigned, trans-
ferred, and converted as hereinafter provided. If the Initial
Certificate or any portion thereof is assigned and transferred
or converted the Initial Certificate must be surrendered to the
Paying Agent/Registrar for cancellation, and erch Certificate
issued in exchange for any portion of the Initial Certificate
shall have a single stated principal maturity date, and shall
not be payable in installments and each such certificate shall
have a principal maturity date corresponding to the due date of
the installment of principal or portion tnereof for which the
substitute Certificate is being exchangedi and each such
Certificate shall bear interest at the single rate applicable
to and borne by such installment of principal or portion
thereof for which it is being exchanged. If only a portion of
the Initial Certificate is assigned and transferred, there
shall be delivered to and registered in the name of the initial
registered owner substitute Certificates in exchange for the
unassigned balance of the Initial certificate in the same
manner as if the initial registered owner were the assignee
thereof. If any Certificate or portion thereof other than the
initial certificate is assigned and transferred or converted
each Certificate issued in exchange therefor shall have the
same principal maturity date and bear interest at the same rate
as the Certificate for which it is exchanged, A form of
assignment shall be printed or endorsed on each certificate,
excepting the initial Certificate, which shall be executed by
the registered owner or its duly authorized attorney or repre-
sentative to evidonce an assignment thereof. Upon surrender of
any Certificates or any portion or portions thereof for trans-
fer of registration, an authorized representative of the Paying
9
. N
All
Agent/Registrar shall make such transfer in the Registration
Hooks, and shall deliver a new fully registered substitute
Certificate or Certificates, having the characteristics herein
described, payable to such assignee or assignees (which then
will be the registered owner or owners of such new Certificate
or Certificates), or to the previous registered owner in case
only a portion of a Certificate is being assigned and traiis-
ferred, all in conversion of and exchange for said assigned
Certificate or Certificates or any portion or portions thereof,
in the same form and manner, an3 with the same effect, as
provided in Section 6(d), below, for the conversion and ex-
change of Certificates by any registered owner of a Certifi-
cate. The Issuer shall pay the Paying Agent/Registrar's
standard or customary fees and charges for making such transfer
and delivery of a substitute Certificate or certificates, but
j the one requesting such transfer shall pay any taxes or other
governmental charges required to be paid with respect thereto.
The Paying Agent/Registrar shall not be required to make
transfers of registration of any Certificate or any portion
thereof during the period commencing with the close of business
on any Record Date and ending with the opening of business on
the next following principal or interest payment date.
(b) Ownershig of Certificates. The entity in whose name
any Certificate shall be registered in the kegistration Books
at any time shall be deemed and treated as the absolute owner
thereof for all purposes of this Ordinance, whether or not such
Certificate shall be overdue, and the Issuer and the Paying
Agent/Registrar shall not be affected by any notice to the
contrary; and payment of, or on account of, the principal of,
premium, if any, and interest on any such Certificate shall be
made only to such registered owner. All such payments shall be
valid and effectual to satisfy and discharge the liability upon
such Certificate to the extent of the sum or sums so paid.
(c) Payment of Certificates and interest. The Issuer
hereby further appoints the Paying Agent/Registrar to act as
the paying agent for paying the principal of and interest on
the Certificates, and to act as its agent to convert and
exchange or replace Certificates, all as provided in this
Ordinance. The Paying Agent/Registrar shall keep proper
records of all payments made by the Issuer and the Paying
Agent/Registrar with respect to the Certificates, and of all '
k ' conversions and exchanges of Certificates, and all replacements
of Certificates, as provided in this Ordinance.
(d) Conversion and Exchange or Replacementi Authenti;
cation. Each Certificate isjued and delivered pursuant to this
Ordinance, to the extent of the unpaid principal balance or
principal amount thereof, mjy, upon surrender of such
10
I
Certificate at the principal corporate trust office of the
Paying Agent/Registrar, together with a written request there-
for duly executed by the registered owner or the assignee or
assignees thereof, or its or their duly authorized attorneys or 1
representatives, with guarantee of signatures satisfactory to
the Paying Agent/Registrar, may, at the option of the regis-
tered owner or such assignee or assignees, as appropriate, be
converted into and exchanged for fully registered certificates,
without interest coupons, in the fo na prescribed in the FORM OF
SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the
denomination of $5,000, or any integral multiple of $5,000
(subject to the requirement hereinafter stated that each
substitute Certificate shall have a single stated maturity
date), as requested in writing by such registered owner or such
assignee or assignees, in an aggregate principal amount equal
to the unpaid principal balance or principal amount of any
Certificate or Certificates so surrendered, and payable to the
appropriate registered owner, assignee, or assignees, as the
case may be. If the Initial Certificate is assigned and
transferred or converted each substitute Certificate issued in
exchange for any portion of the initial Certificate shall have
a single stated principal maturity date, and shall not be
payable in installmentss and each such Certificate shall have a
principal maturity date corresponding to the due date of the
installment of principal or portion thereof for which the
substitute Certificate is being exchanged; and each such
Certificate shall bear interest at the single rate applicable
to and borne by such installment of principal or portion
thereof for which it is being exchanged. If any Certificate or
portion thereof (other than the Initial Certificate) is as-
signed and transferred or converted, each Certificate issued in
exchange therefor shall have the same principal maturity date
and bear interest at the same rate as the Certificate for which
it is being exchanged. Each substitute Certificate shall bear
a letter and/or number to distinguish it from each other
Certificate. The Paying Agent/Registrar shall convert and
exchange or replace Certificates as provided herein, and erch
fully registered certificate delivered in conversion of and
exchange for or replacement of any Certificate or portion
thereof as permitted or required by any provision of this
Ordinance shall constitute one of the Certificates for all
purposes of this ordinance, and may again be converted and ,
exchanged or replaced. It is specifically provided that any
Certificate authenticated in conversion of and exchan,a for or
replacement of another Certificate on or prior to the first
scheduled Record Date for the Initial Certificate shall bear
interest from the date of the Initial Certificate, but each
substitute Certificate so authenticated after such first
scheduled Record Date shall bear interest from the interest
payment date next preceding the date on which such substitute
11
Agenda
ltem,_
Certificate was so authenticated, unless such Certificate is
authenticated after any Record Date but on or before the next
following interest payment date, in which case it shall bear
interest from such next following interest payment date,
provided, however that if at the time of delivery of any
substitute Certificate the interest on the Certificate for
which it is being exchanged is due but has not been paid, then
such Certificate shall bear interest from the date to which
such interest has been paid in full. THE INITIAL CERTIFICATE
I
to be,
ssued and delivered pursuant to this Ordinance is not required l not Registrar,i but shalon a chbsubstitute iCertificate eiss Paying edi n contver-
sion of and exchange for or replacement of any Certificato or
Certificates issued under this Ordinance there shall be printed
a certificate, in the form substantially as follows:
"PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this certificate has been
issued under the provisions of the certificate Ordinance
described on the face of this Certificate; and that this
Certificate has been issued in conversion of and exchange for
or replacement of a certificate, certificates, or a portion of
a certificate or certificates of an issue which originally was
approved by the Attorrey General of the State of Texas and
registered by the Comptroller of Public Accounts of the State
of Texas.
NATIONSBANK OF TEXAS, N.A.,
FORT WORTH, TEXAS
Paying Agent/Registrav
Dated By
Author zed Representative"
shall t before the delivery of anytsuch aCertificate, :edate rand
manually sign the above Certificate, and no such Certificate
shall be deemed to be issued or outstanding unless such Certif-
Icate Is so executed.
shall cancel all Certificates asurrende surrendered Rforsconversion Land
exchange or replacement. No additional ordinances, orders, or
resolutions need be passed or adopted by the governing body of
the Issuer or any other body or person so as to accomplish the
foregoing conversion and exchange or replacement of any Certif-
icate or portion thereof, and the Paying Agent/Registrar shall
provide for the printing, execution, and delivery of the
s
said Certificates ubstitute certificates in the manner prescribed herein, and
shall
with lithographed or stool engraved borders composition
customarynweight
12
I
Aaandalfpm_%C?S "1'-1
and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art.
717k-6, and particularly section 6 thereof, the duty of conver-
sion and exchange or replacement of Certificates as aforesaid
is hereby imposed upon the Paying Agent/Registrar, and, upon
and the execution of the above Paying Agent/Registrar's Authentica-
Certifi ate shall be valid~,eincontest ble,anand enforceable acedin
the same manner and with the same effect as the initial Certif-
icate which originally was issued pursuant to this ordinance,
approved by the Attorney General, and registered by the Comp-
troller of Public Accounts. The Issuer shall pay the Paying
Agent/Registrar's standard or customary fees and charges for
transferring, converting, and exchanging any Certificate or any
portion thereof, but the one requesting any such transfer,
conversion, and exchange shall
charges required to be pay any taxes or governmental
I i paid with respect thereto as a condition
precedent to the exercise of such privilege of conversion and
exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of Certif-
icates or any portion thereof during the period commencing with
the close of business on any Record Date and ending with the
opening of business on the next following principal or interest
?ayment date.
(e) In General. All Certificates issued in conversion
and exchange or replacement of any other Certificate or portion
t thereof, (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such
Certificates to be payable only to the registered owners
thereof, (ii) may be transferred and assigned, (iii) may be
converted and exchanged for other Certificates, (iv) shall have
the characteristics, (v) shall be signed and sealed, and (vi)
the principal of and interest on the Certificates shall be pay-
able, all as provided, and in the manner required or indicated,
in the FORM OF SUBSTITUTE CERTIFICATE set forth in this ordi-
nance.
covenants with eth- t- a `r ter Qowners the Certificatesethat
it will pay the standard or customary fees and charges of
the Paying Agent/Registrar for its services with respect to the
payment of the principal of and interest on the Certificates,
when due, and (!i) pay the fees and charges of the Paying
Agent/Registrar for services with respect to the transfer of
registration of Certificates, and with respect to the conver-
sion and exchange of Certificates solely to the extent above
provided in this ordinance,
td) Substi a Pay~C AagntyReclstrarI The Issuer
cove;iants with the registered owners of the Certificates that
13
1
y
at all times while the Certificates are outstanding the Issuer
will provide a competent and legally qualified bank, trust
company, financial institution, or other agency to act as and
perform the services of Paying Agent/Registrar for the Certifi-
cates under this Ordinance, and that. the Paying Agent/Registrar
atlitse opone tion,~t change T the l Paying r right to, and
upon not less
than 120 days written notice to the Paying Agent/Registrar, to
be effective not later than 60 days prior to the next principal
or interest payment date after such notice. In the event that
the entity at any time acting as Paying Agent/Registrar (or its
successor by merger, acquisition, or other method) should
resign or otherwise cease to act as such, the Issuer covenants
{ that promptly it will appoint a competent and legally qualified
bank, trust company, financial institution, or other agency to
act as Paying Agent/Registrar under this Ordinance. Upon any
change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the Regis-
i tration Books (or a copy thereof), along with all other perti-
nent books and records relating to the certificates, to the new
Paying Agent/Registrar designated and appointed by the Issuer.
Upon any change in the Paying Agent/Registrar, the Issuer
promptly will cause a written notice thereof to be sent by the
new Paying Agent/Registrar to each registered owner of the
Certificates, by United States mail, first-class postage
prepaid, which notice also shall give the address of the new
Paying Agent/Registrar. By accepting the position and perform-
ing as such, each Paying Agent/Registrar shall be deemed to
have agreed to the provisions of this Ordinance, and a cer-
tified copy of this Ordinance shall be delivered to each Paying
J Agent/Registrar.
Section 7. FORM all certificates Issued F in SUBSTITUTE conversion CERTIFICATES. Fexchange or The
reform of
place-
ment of any other Certificate or portion thereof, including the
form of Paying Agent/Registrar's Certificate to be printed on
each of such Certificates, and the Form of Assignment to be
printed on each of the Certificates, shall be, respectively,
substantially as follows, with such appropriate variations,
omissions, or insertions as are permitted or :ce p tired by this ,
Ordinance.
FORM OF SUBSTITUTE CERI'IFI nmc
NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS $
COUNTY OF DENTON
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 1993
14
i
Agenda ctem~_s``_7
INTEREST RAC MATURITY DATE ORIGINAL ISSUE
DATE CUSIP N0.
February 1, 1993
ON THE MATURITY DATE specified above the CITY OF DENTON,
in Denton County, Texas (the "Issuer"), being a political
subdivision of the State of Texas, hereby promises to pay to
or to the registered assignee hereof (either being hereinafter
called the "registered owner") the principal amount of
and to pay interest thereon, calculated on the basis of a
360-day year composed of twelve 30-day months, from FEBRUARY 1,
1993, to the maturity date specified above, at the interest
rate per vnnum specified above; with interest being payable on
JANUARY 1, 1994, and semiannually on each JULY 1 and JANUARY 1
thereafter, except that if the date of authentication of this
Certificate is later than the first Record Date (hereinafter
defined), such principal amount shall bear interest from the
interest payment date next preceding the date of authentica-
tion, unless such date of authentication is after any Record
Date (hereinafter defined) but on or before the next following
interest payment date, in which case such principal amount
shall bear interest from such next following interest payment
date.
I E
THE PRINCIPAL OF AND INTEREST ON this Certificate are
payable in lawful money of the United States of America,
without exchange or collection charges. The principal of this
Certificate shall be paid to the registered owner hereof upon
presentation and surrender of this Certificate at maturity, at
the principal corporate trust office of NATIONS BANK OF TEXAS,
N.A., FORT WORTH, TEXAS, which is the "Paying Agent/Registrar"
for this Certificate. The payment of interest on this Certifi-
cate shall be made by the Paying Agent/Registrar to the regis-
tered owner hereof on each interest payment date by check dated
as of such interest payment date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the
Issuer required by the ordinance authorizing the issuance of
the Certificates (the "Certificate ordinance") to be on deposit
with the Paying Agent/Registrar for such purpose as hereinafter
provided; and such check shall be sent by the Paying Agent/-
Registrar by United states mail, first-class postage prepaid,
on each such interest payment date, to the registered owner
hereof, at the address of the registered owner, as it appeared
1~
Benda No
Agenda
l!em~--~ - .Z. _
at the close of business on the 15th day of the month next
preceding each such date (the "Record Date") on the Registra-
tion Books kept by the Paying Agent/Registrar, as hereinafter
described. However, the payment of such interest may be made
by any other method acceptable to the Paying Agent/Registrar
and requested by, and at the risk and expense of, the regis-
tered owner hereof. The Issuer covenants with the registered
owner of this certificate that on or before each principal
payment date, interest payment date, and accrued interest
payment date for this certificate it will make available to the
Paying Agent/Registrar, from the "Interest and Sinking Fund"
created by the certificate ordinance, the amounts required to
provide for the payment, in immediately available funds, of all
principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or inter-
est on this Certificate shall be a Saturday, Sunday, a legal
holiday, or a day on which banking institutions in the City
where the Paying Agent/Registrar is located are authorizad by
law or executive order to close, then the date for such payment
shall be the next succeeding day which is not such a Saturday,
Sunday, legal holiday, or day on which banking institutions are
authorized to close; and payment on such date shall have the
same force and effect as if made on the original date payment
E was due.
THIS CERTIFICATE is one of an issue of Certificates
initially dated FEBRUARY 11 1993, authorized in accordance with
the Constitution and laws of the State of Texas in the princ-
ipal amount of $1,450,000, FOR THE PURPOSE OF PAYING ALL OR A
PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS INCURRED (1)
PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC WORKS,
TO-WIT: RENOVATING A CITY SWIMMING POOL) AND (2) PURSUANT TO
CONTRACTS FOR THE PURCHASE OF THE FOLLOWING EQUIPMENT FOR CITY
USE: THREE REFUSE COLLECTION TRUCKS, A BRUSH COLLECTION TRUCK,
A STAKE BED TRUCK, THREE FIRE FIC,HTING TRUCKS, AN AMBULANCE, A
FOUR DOOR SEDAN, AND TWELVE POLICE CARS; AND ALSO FOR THE
PURPOSE OF PAYING ALL OR A PORTION OF THE CITY'S CONTRACTUAL
OBLIGATIONS FOR PROFESSIONAL SERVICES OF ENGINEERING,
ATTORNEYS, AND FINANCIAL ADVISORS IN CONNECTION WITH THE ABOVE
CONTRACTS AND SAID CERTIFICATES OF OBLIGATION.
THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY
INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be trans-
ferred only in the Registration Books of the Issuer kept by the
Paying Agent/Registrar acting in the capacity of registrar for
the Certificates, upon the terms and conditions set forth in
the Certificate Ordinance. Among other requirements for such
assignment and transfer, this Certificate must be presented and
surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of
16
i
Agoda torn "!5
signatures satisfactory to the Paying Agent/Registrar, evidenc-
ing assignment of this Certificate or any portion or portions
hereof in any integral multiple of $5,000 to the assignee or
assignees in whose name or names this Certificate or any such
portion or portions hereof is or are to be transferred and +
registered. The form of Assignment printed or endorsed on this I
Certificate shall be executed by the registered owner or its
duly authorized attorney or representative, to evidence the
assignment hereof. A new Certificate or certificates payable
_ to such assignee or assignees (which then will be the new
registered owner or owners of such new Certificate or Certifi-
cates), or to the previous registered owner in the case of the
assignment and transfer of only a portion of this Certificate,
may be delivered by the Paying Agent/Registrar in conversion of
and exchange for this Certificate, all in the form and manner
as provided in the next paragraph hereof for the conversion and
exchange of other Certificates. The Issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges
for making such transfer, but the one requesting such transfer
shall pay any taxes or other governmental charges required to reto
The
not b
nt/Reg pa e requi redo t make t ansfE sPofiregist ationl ofathisall
Certificate or any portion hereof during the
with the close of business on any Record Date and ending with
the opening of business on the next following principal or
interest payment date. The registered owner of this Certifi-
cate shall be deemed and treated by the Issuer and the Paying
Agent/Registrar as the absolute owner hereof for all purposes,
including payment and discharge of liability upon this Certifi-
cate to the extent of such payment, and the Issuer and the
Paying Agent/Registrar shall not be affected by any notice to
the contrary.
ALL CERTIFICATES OF THIS SERIES are issuable solely as
fully registered certificates, without interest coupons, in the
denomination of any integral multiple of $50000. As provided
in the Certificate ordinance, this Certificate, may, at the
request of the registered owner or the assignee or assignees
hereof, be converted into and exchanged for a like aggregate
principal amount of fully registered certificates, without
interest coupons, payable to the appropriate registered owner,
assignee, or assignees, as the caGe may be, having the same
maturity date, and bearing interest at the same rate, in any
denomination or denominations in any integral multiple of '
$5,000 as requested in writing by the appropriate registered
owner, assignee, or assignees, L3 the case may be, upon sur-
render of this Certificate to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures
set forth in the Certificate Ordinance. The Issuer shall pay
the Paying Agent/Registrar's standard or customary fees and
17
charges for transferring, converting, and exchanging any
certificate or any portion thereof, but the one requesting such
transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto
as a condition precedent to the exercise of such privilege of
conversion and exchange. The Paying Agent/Registrar shall not
be required to make any such conversion and exchange during the
period commencing with the close of business on any Record Date
and ending with the opening of business on the next following
principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for the Certifi-
cates is changed by the Issuer, resigns, or otherwise ceases to
act as such, the Issuer has covenanted in the Certificate
ordinance that it promptly will appoint a competent and legally
qualified substitute therefor, and promptly will cause written
notice thereof to be mailed to the registered owners of the
Certificates.
IT IS HEREBY certified, recited, and covenanted that this
Certificate has been duly and validly authorized, issued, and
delivered; that all acts, conditions, and things required or
proper to be performed, exist, and be done precedent to or in
the authorization, issuance, and delivery of this Certificate
have been performed, existed, and been done in accordance with
law; that this Certificate is a general obligation of the
Issuer, issued on the full faith and credit thereof; and that
annual ad valorem taxes sufficient to provide for the payment
of the interest on and principal of this Certificate, as such
interest comes due and such principal matures, have been levied
and ordered to be levied against all taxable property in the
Issuer, and have been pledged irrevocably for such payment,
within the limit prescribed by law; and that, together with
other parity obligations, this Certificate, and the other
Certificates of this Series, additionally are payable from and
secured by certain surplus revenues (not to exceed $10,000 in
aggregate amount) derived by the Issuer from the ownership and
operation of the City's utility system (consisting of the
City's combined waterworks system, sanitary sewer system, and
electric light and power system), all as provided in the
Certificate ordinance.
THE ISSUER has reserved the right to issue, in accordance
with law, and in accordance with the certificate ordinance,
other and additional obligations, and to enter into contracts,
payable from ad valorem taxes and/or revenues of the City's
Utility System, on a parity with, or with respect to said
revenues, superior in lien to, this Certificate.
18
~BAdB N0..__, ~3 aD
AgeIdagem_ _ /t? .1
BY BECOMING the registered owner of this Certificate, the
registered owner thereby acknowledges all of the terms and
provisions of the Certificate ordinance, agrees to be bound by
such terms and provisions, acknowledges that the Certificate
Ordinance is duly recorded and available for inspection in the
official minutes and records of the governing body of the
Issuer, and agrees that the terms and previsions of this
Certificate and the Certificate ordinance constitute a contract
between each registered owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate
to be signed with the facsimile signature of the Mayor of the
Issuer and countersigned with the facsimile signature of the
City Secretary of the Issuer, and has caused the official seal
of the Issuer to be duly impressed, or placed in facsimile, on
this Certificate.
(facsimile si
g1Lur€) (facsimile signature)
City Secretary, Mayor,
City of Denton, Texas City of Denton, Texas
(CITY SEAL)
FORM OF PAYING AGENTinEGISTRAR~S AUTHENTICATION CERTIFICATE
PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate has been
issued under the provisions of the Certificate ordinance
described on the face of this Certificate; and that this
Certificate has been issued in conversion of and exchange for
or replacement of a certificate, certificates, or a portion of
a certificate or certificates of an issue which originally was
approved by the registered by the Attorney
AcState of Texas and
Comptroller General
Public the
counts of the State
of Texas.
NATIONSBANK OF TEXAS, N.A.,
FORT WORTH, TEXAS
Paying Agent/Registrar
Dated By
Authorized Representative
FORM OF ASSLQYjd T:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of
this Certificate, or duly authorized representative or attorney
~4
r+Qentla No ,1 -
aaentlaltem. ~5
-l9 ~a Z~+
thereof, hereby assigns this Certificate to
! !
{Assignee's Social (print or typewrite Assignee's name and
Security or Taxpayer address, including zip code)
Identification Number
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Certificate on
the Paying Agent/Registrar's Registration Books with full power
of substitution in the premises.
Dated:
I
Signature Guaranteed:
NOTICE: This signature must be Registered Owner
guaranteed by a member of the NOTICE: This signature must
New York Stock Exchange or a correspond with the name of
commercial bank or trust the Registered Owner appear-
company. ing on the face of this Cer-
tificate.
Fund S(tehe ction" 8. (a) TAX LEVY. A special Interest and Sinking
Interest and Sinking Fund") is hereby created solely
for the benefit of the Certificates, and the Interest and
Sinking Fund shall be established and maintained by the Issuer
at an official depository bank of the Issuer. The Interest and
Sinking Fund shall be xept separate and apart from all other
funds and accounts of the Issuer, and shall be used only for
paying the interest on and principal of the Certificates. All
ad valorem taxes levied and collected for and on account of the
Certificates shall be deposited, as collected, to the credit of
the interest and Sinking Fund. During oach year while any of
the Certificates or interest thereon are outstanding and
unpa.d, the governing body of the Issuer shall compute and
ascertain a rate and amount of ad valorem tax which will be '
sufficient to raise and produce the money required to pay the
interest on the certificates as such interest becomes due, and
to provide and maintain a sinking fund adequate to pay the
principal of its Certificates as such principal matures (but
never less than 24 of the original principal amount of the
Certificates as a sinking fund each year); and said tax shall
be based on the latest approved tax rolls of the Issuer, with
20
E
Agenda item--1L',z ~.,Z,.1_
it , Z
full allowance being made for tax delinquencies and thi cost of
tax collection. Said rate and amount of ad valorem Lax is
hereby levied, and is hereby ordered to be levied, against all
taxable property in the Issuer for each year while any of the
Certificates or interest thereon are outstanding and unpaid;
and said tax shall be assessed and collected each such year and
deposited to the credit of the aforesaid interest and Sinking
Fund. Said ad valorem taxes sufficient to provide for the
payment of the interest on and principal of the Certificates,
as such interest comes due and such principal matures, are
hereby pledged for such payment, within the limit prescribed by
law.
(b) APPROPRIATION. There is hereby appropriated from
surplus funds of the Issuer now on hand and lawfully available
for such purpose, and shall be deposited into the Interest and
Sinking Fund for the Certificates, the amount of money required
to pay the interest coming due on the Certificates on January
1, 1994. The money thus appropriated and deposited shall be
used for no purpose other than to pay said interest on the
Certificates. The appropriate officials of the Issuer are
hereby authorized and directed to do any and all things neces-
sary or convenient to accomplish said appropriation and depos-
it.
Section 9. SURPLUS REVENUES. The Certificates addi-
tionally shall be payable from and secured by surplus revenues,
to the extent hereinafter permitted, derived by the issuer from
the ownership and operation of the Itsuer's Utility System
(consisting of its combined waterworks system, sanitary sewer
system, and electric light and power system) remaining after
(a) payment of all amounts constituting operation and main-
tenance expenses of said Utility System, and (b) payment of all
~j debt service, reserve, and other requirements and amounts
required to be paid under all ordinances heretofora or here-
after authorizing (i) all bonds and (ii) all other obligations
not on a parity with the Certificates, which are payable from
and secured by any Utility System revenues, and (c) payment of
all amounts payable from any Utility System revenues pursuant
to contracts heretofore or hereafter entered into by the Issuer
in accordance with law (the "Surplus Revenues"). If, for any
reason, the Issuer fails to deposit ad valorem taxes levied
pursuant to Section S hereof to the credit of the Interest and
h Sinking Fund in an amount sufficient to pay, when due, the '
principal of and interest on the Certificates, then Surplus
k Revenues, to the extent hereinafter permitted, shall be depos-
ited to the credit of the interest and Sinking Fund and used to
pay such principal and/or interest. A maximum aggregate of
$10,000 of Surplus Revenues may be used to pay principal and/or
interest on the Certificates and any obligations on a parity
therewith. The certificates and any obligations on a parity
21
i
AQF~lfJk ~18fR_.~~~
therewith are not, and shall not be deemed to be, payable from
or secured by any Surplus Revenues in excess of an aggregate of
$10,000. Until and unless an aggregate of $10,000 of Surplus
Revenues actually is used to pay any such principal and/or
interest, additional obligations, payable from and secured by
all or any remaining unused part of said aggregate of $10,000
- of Surplus Revenues, may be issued by the Issuer on a parity
with the Certificates and any other then outstanding parity
obligations, with the Certificates and all such additional
parity obligations to be payable from and secured equally and
ratably by all or any remaining unused part of said aggregate.
The Issuer reserves, and shall have, the right to issue bonds,
and other obligations not on a parity with the Certificates,
and to enter into contracts, in accordance with applicable
laws, to be payable from and secured by any Utility System
revenues other than the aggregate of $10,000 of Surplus Reve-
nues as described above. The certificates are on a parity with
those issues of City of Denton Certificates of Obligation,
Series 1987-A, Series 1989, Series 1989-A, Series 1991, and
Series 1992, as permitted in the Ordinances authorizing same;
and it is hereby found and determined that none of the above
defined Surplus Revenues have ever been used to pay any princi-
pal and/or interest on said City of Denton Certificates of
Obligation, Series 1987-A, Series 1989, Series 1989-A, Series
1991, or Series 1992.
Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certif-
icate and the interest thereon shall be deemed to be paid,
retired, and no longer outstanding (a "Defeased Certificate")
within the meaning of this ordinance, except to the extent
provided in subsection (d) of this Section, when payment of the
principal of such Certificate, plus interest thereon to the due
date either (i) shall have been made or caused to be made in
accordance with the terms thereof, or (ii) shall have been
provided for on or before such due date by irrevocably deposit-
ing with or making available to the Paying Agent/Registrar for
such payment (1) lawful money of the United States of America
sufficient to make such payment or (2) Government Obligations
which mature as to principal and interest in such amounts and
at such times as will insure the availability, without rein-
vestment, of sufficient money to provide for such payment, and
when proper arrangements have been made by the Issuer with the
Paying Agent/Registrar for the payment of its services until
all Defeased Certificates shall have become due and payable.
At such time as a Certificate shall be deemed to be a Defeased
Certificate hereunder, as aforesaid, such Certificate and the
1-)~grest thereon shall no longer be secured by, payable from,
or entitled to the benefits of, the ad valorem taxes herein
levied and pledged as provided in this ordinance, and such
22
Apnc~
tae _ _1- l.~=L.~
principal and interest shall be payaole solely from such money
or Government obligations.
Any moneys so deposited with the Paying Agent/Regis-
trar may at the written direction of the Issuer also be in-
vested in Government Obligations, maturing in the amounts and
times as hereinbefore set forth, and all income from such
Government Obligations received by the Paying Agent/Registrar
which is not required for the payment of the Certificates and
interest thereon, with respect to which such money has been so
deposited, shall be turned over to the Issuer, or deposited as
directed in writing by the Issuer.
(c) The term "Government obligations" as used in phis
Section shall mean direct obligations of the United States of
America, including obligations the principal of and interest on
which are unconditionally guaranteed by the United States of
America, which may be United States Treasury obligations such
as its State and Local Government Series, which may be in
book-entry form.
(d) Until all Defeased Certificates shall have become due
k and payable, the Paying Agent/Registrar shall perform the l
services of Paying Agent/Registrar for such Defeased Certifi-
cates the same as if they had not been defeased, and the Issuer
shall make proper arrangements to provide and pay for such
services as required by this ordinance.
Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DE-
STROYED CERTIFICATES. (d) Replacement Certificates. In the
event any outstanding certificate is damaged, mutilated, lost,
stolen, or destroyed, the Paying Agent/Registrar shall cause to
be printed, executed, and delivered, a new certificate of the
same principal amount, maturity, and interest rate, as the
damaged, mutilated, lost, stolen, or destroyed Certificate, in
replacement for such Certificate in the manner hereinafter
provided.
(b) Application for Renlacemen Certifica*pa, Applica-
tion for replacement of damaged, mutilated, lost, stolen, or
destroyed Certificates shall be made by the registered owner
thereof to the Paying Agent/Registrar. In every case of loss,
theft, or destruction of a Certificate, the registered owner
applying for a replacement certificate shall furnish to the
Issuer and to the Paying Agent/Registrar such security or
indemnity as may be required by them to save each of them
harmless from any loss or damage with respect thereto. Also,
in every case of loss, theft, or destruction of a Certificate,
the registered owner shall furnish to the Issuer and the Paying
Agent/Registrar evidence to their satisfaction of the loss,
23
da No
Adend2it6m-_
theft, or destruction of such Certificate, as the case may be.
In every case of damage or mutilation of a Certificate, the
registered owner shall surrender to the Paying Agent/Registrar
for cancellation the Certificate so damaged or mutilated.
(c) No Default Occurred. Notwithstanding the foregoing
provisions of this section, in the event of any such Certifi-
cate shall have matured, and no default has occurred which is
then continuing in the payment of the principal of, or interest
on the Certificate, the Issuer may authorize the payment of the
same (without surrender thereof except in the case of a damaged
or mutilated Certificate) instead of issuing a replacement
Certificate, provided security or indemnity is furnished as
above provided in this Section.
(d) charge for issuing Replacement Certificates. Prior
to the issuance of any replacement certificate, the Paying
Agent/Registrar shall charge the registered owner of such
Certificate with all legal, printing, and other expenses in
connection therewith. Every replacement certificate issued
pursuant the
Certificate provisions of fl lost, sSection tolen, or by devirtue stroyed of
shthe
all
constitute a contractual obligation of the Issuer whether or
not the lost, stolen, or destroyed Certificate shall be found
at any time, or be enforceable by anyone, and shall be entitled
to all the benefits of this Ordinance equally and proportion-
ately with any and all other Certificates duly issued under
this Ordinance.
(e) Authority for Issuing Reps aceMont Certificates. In
accordance with section 6 of Vernon's Ann. Tex. Civ. St. Art.
717k-6, this Section of this ordinance shall constitute author-
ity for the issuance of any such replacement certificate
without necessity of further action by the governing body of
the Issuer or any other body or person, and the duty of the
replacement of such certificates is hereby authorized and
imposed upon the Paying Agent/Registrar, and the Paying Agent/-
Registrar shall authenticate and deliver such Certificates in
the form and manner and with the effect, as provided in Section
6(d) of this Ordinance for Certificates issued in conversion
and exchange for other certificates.
Section 12. CUSTODY, APPROVAL, AND REGISTRATION OF '
CERTIFICATEST CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS,
PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby
authorized to have control of the initial Certific, a issued
hereunder and all necessary records and proceedings pertaining
to the initial certificate pending its delivery and its inves-
tigation, examination, and approval by the Attorney General of
the State of Texas, and its registration by the comptroller of
24
• Agenda No
Agenda
ltrm~
1
i
Public Accounts of the State of Texas. Upon registration of
the initial Certificate said Comptroller of Public Accounts (or
shallumanually designated
he Comptroller's tRegfor said istratin Comptroller)
ert_fiate
on the Initial Certificate, and the seal of said Comptroller
_ shall be impressed, or placed in facsimile, on the initial
Certificate. The approving legal opinion of the Issuer's Bond
counsel and the assigned CUSIP numbers may, at the option of
the Issuer, be printed on the Initial Certificate or on any
certificates issued and delivered in conversion of and exchange
or replacement of any Certificate, but neither shall have any
legal effect, and shall be solely for the convenience and
information of the registered owners of the Certificates. The
preamble to this ordinance is hereby adopted and made a part
hereof for all purposes.If insurance is obtained on any of the
Certificates, the Initial Certificate and all other Certifi-
cates shall bear an appropriate legend concerning insurance as
provided by the insurer.
Section 13. COVENANTS REGARDING TAX-EXEMPTION. The
Issuer covenants to refrain from taking any action which would
adversely affect, and to take any action required to ensure,
the treatment of the Certificates as obligations described in
section 103 of the Code, the interest on which is not includ-
able in the "gross income" of the holder for purposes of
federal income taxation. In furtherance thereof, the Issuer
covenants as follows:
(a) to take any action to assure that no more than
10 percent of the proceeds of the Certificates or the
project financed therewith (less amounts deposited to a
reserve fund, if any) are used for any "private business
use", as defined in section 141(b)(6) of the Code or, if
more than 10 percent of the proceeds or the project
financed therewith are so used, such amounts, whether or
not received by the Issuer, with respect to such private
business use, do not, under the terms of this ordinance or
any underlying arrangement, directly or indirectly, secure
or provide for the payment of more than 10 percent of the
debt service on the Certificates, in contravention of
section 141(b)(2) of the Code;
(b) to take any action to assure that in the event
that the "private business use" described in subsection
(a) hereof exceeds 5 percent of the proceeds of the
Certificates or the project financed therewith (less
amounts deposited into a reserve fund, if any) then the
amount in excess of 5 percent is used for a "private
business use', which is "related" and not "disproportion-
ate", within the meaning of section 141(b)(3) of the Code,
to the governmental use;
agardaNo ----~-y~=~----
AgsrQaltem____.k'~
(c) to take any action to assure that no amount
which is greater than the lesser of $50000,000, or 5
percent of the proceeds of the Certificates (less amounts
deposited into a reserve fund, if any) is diroctly or
indirectly used to finance loans to persons, other than
state or local governmental units, in contravention of
section 141(c) of the Code;
- (d) to refrain from taking any action .rich would
otherwise result in the Certificates being treated as
"private activity bonds" within the meaning of section
141(b) of the Code;
(e) to refrain from taking any action that would
result in the certificates being "federally guaranteed"
within the meaning of section 149(b) of the code;
(f) to refrain from using any portion of the pro-
ceeds of the Certificates, directly or indirectly, to
acquire or to replace funds which were used, directly or
indirectly, to acquire investment property (as defined in
section 148(b)(2) of the Code) which produces a materially
higher yield over the term of the Certificates, other than
investment property acquired with
(1) proceeds of the certificates invested for a
reasonable temporary period of 3 years or less, or in
the case of a refunding certificate for a period of
30 days or less, until such proceeds are needed for
the purpose for which the certificates are issued,
(2) amounts invested in a bona fide debt
service fund, within the meaning of section
1.103-13(b)(12) of the Treasury Regulations, and
(3) amounts deposited in any reasonably re-
quired reserve or replacement fund to the extent such
amounts do not exceed 10 percent of the proceeds of
the Certificates;
(g) to otherwise restrict the rise of the proceeds of
the certificates or amounts treated as proceeds of the
Certificates, as may be necessary, so that the Certifi-
cates do not otherwise contravene the requirements of
section 148 of the Code (relating to arbitrage) and, to
the extent applicable, section 149(d) of the Code (relat-
ing to advance refundings);
I
26
I
~,7 7 3z
(h) to pay to the United States of America at least
once during each five-year period (beginning on the date
of delivery of the Certificates) an amount that is at
least equal to 90 percent of the "Excess Earnings", within
the meaning of section 148(f) of the Code and to pay to
the United States of America, not later that 60 days after
the Certificates have been paid in full, 100 percent of
result of Excess
amount then n section required of a the as a
Code; and
the i
Earnings
(i) to maintain such records as will enable the
Issuer to fulfill its responsibilities under this section
and section 148 of the Code and to retain such records for
on following
Certificates. payment princi-
land tinsix terest years
pal It is the understanding of the Issuer that the covenants
U.the
assure the with
S.
code contained and any herein regulations intended
Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, f the
cod
icable to catespa he Issuernwill not beerequiredlto comply twitheanyfi-
covenant contained herein to the extent that such failure to
lnot iadv rsely affect ithe exemption ofromefederalcincome/
will
or e rulings section are 03in of
regulations under
the s event t that Certificates
eaCode.of In interest
th
furtherance of such intention, the Issuer hereby authorizes and
directs the Mayor and/or the Director of Finance of the Issuer
execute nto documents, make such elections, on behalf of theu
the Code and Issuer,
which
purlose may be permitted rissuance of the Certificatconsistent with the
Section 14. SALE OF IN7^IAL CERTIFICATE. The Initial
Certificate is hereby sold and forl delivered t
ca h for the par value
thereof and accrued interest thereon to date of delivery, plus
a premium of It is hereby officially found, deter-
mined, and declared that the initial Certificate has been sold
at public sale to the bidder o!fering the lowest interest cost,
after receiving sealed bids pursuant to an official Notice of
Sale and Bidding Instructions and official Statement dated
Zjanuary 7, 1993, prepared and distributed in connection with
the sale of the initial Certificate. Said official Notice of
Sale and Bidding , supplement, or instructions amendent thereto have e been oanddarey
addenda
approved by the
is Thereby their use ir~ithiso fufer
the Issuer, and
27
officially found, letermined, and declared that the statements
and representations contained in said official Notice of sale
and official Statement are true and correct in all material re-
spects, to the best knowledge and belief of the City Council
and the Issuer.
Section 15. INTEREST EARNINGS ON CERTIFICATE PROCEEDS.
Interest earnings derived from the investment of proceeds from
the sale of the Initial Certificate shall be used along with
other proceeds for the purposes for which the Certificates are
issuedt provided that after completion of such purposes, if any
of such interest earnings remain on hand, such interest earn-
ings shall be deposited in the Interest and Sinking Fund. It
is further provided, however, that any interest earnings on
certificate proceeds which are required to be rebated to the
United States of America pursuant to Section 13 hereof in order
to prevent the Certificates from being "arbitrage bonds" within
the meaning of the Code shall be so rebated and not considered
as interest earnings for the purposes of this Section.
Section 16. DTC REGISTRATION. The Certificates initially
shall be issued and delivered in such manner that no physical
distribution of the Certificates will be made to the public,
and the Depository Trust Company ("DTC"), New York, New York,
initially will act as depository for the Certificates. DTC has
represented that it is a limited purpose trust company incorpo-
rated under the laws of the State of New York, a member of the
Federal Reserve System, a "clearing corporation" within the
meaning of the New York Uniform Commercial Code, and a "clear-
ing agency" registered under Section 17A of the federal Securi-
ties Exchange Act of 1934, as amended, and the Issuer accepts,
but in no way verifies, such representations. The Initial
Certificate authorized by this ordinance shall be delivered to
and registered in the name of the Purchaser. However, it is a
condition of delivery and sale that the Purchaser, immediately
after such delivery, shall cause the Paying Agent/Registrar, as
provided for in this Ordinance, to cancel said initial Certif-
icate and deliver in exchange therefor a substitute Certificate
for each maturity of such Initial Certificate, with each such
substitute Certificate to be registered in the name of CEDE &
Co., the nominee of DTC, and it shall be the duty of the Paying
Agent/Registrar to take such action. It is expected that DTC
will hold the Certificates on behalf of the Purchaser and/or
the DTC Participants, as defined and described in the Official ,
Statement referred to and approved in Section 14 hereof (the
11DTC Participants"). So long as each Certificate is registered
in the name of CEDE & CO., the Paying Agent/Registrar shall
treat and deal with DTC in all respects the same as if it were
the actual and beneficial owner thereof. It is expected that
DTC will maintain a book entry system which will identify
28
~Vrn dNo X1,3 Cc`3
A;vejjfer,._!~' e
beneficial ownership of the Certificates by DTC Participants in
integral amounts of $5,000, with transfers of ownership being
effected on the records of DTC and the DTC Participants pursu-
ant to rules and regulations established by them, and that the
substitute Certificates initially deposited with DTC shall be
immobilized and not be further exchanged for substitute Certif-
icates except as hereinafter provided. The Issuer is not
responsible or liable for any functions of DTC, will not be
responsible for paying any fees or charges with respect to its
services, will not be responsible or liable for maintaining,
supervising, or reviewing the records of DTC or the DTC Partic-
ipants, or protecting any interests or rights of the beneficial
owners of the Certificates. shall t dut of the
and the DTCParticipants to make all arrangem nts
with DTC to establish this book-entry system, the beneficial
ownership of the certificates, and the method of paying the
fees and charges of DTC. The Issuer does not represent, nor
does it in any way covenant that the initial book-entry system
established with DTC will be maintained in the future. The
Issuer reserves the right and option at any time in the future,
in its sole discretion, to terminate the DTC (CEDE 6 CO.)
b
to permit ook-entry only registration requirement described above, and
owner. Ift the Certificates
its registered
Issuer c exercises be
right e and ir. the
option name of
to termi-
nate such requirement, it shall give written notice of such
termination to the Paying Agent/Registrar and to DTC, and
thereafter the Paying Agent/Registrar shall, upon presentation
and proper request, register any Certificate in any name as
provided for in this Ordinance. Notwithstanding the initial
establishment of the foregoing book-entry system with DTC, if
for any reason any of the originally delivered substitute
Certificates is duly filed with the Paying Agent/Registrar with
proper request for transfer and substitution, as provided for
in this ordinance, substitute Certificates will be duly deliv-
ered as provided in this ordinance, and there will be no
assurance or representation that any book-entry system will be
maintained for such Certificates.
Section 17. FURTHER PROCEDURES. The Mayor of the Issuer,
the City Secretary of the Issuer, and all other officers,
employees, and agents of the Issuer, and each of them, shall be
and they are hereby expressly authorized, empowered, and
directed from time to time and at any time to do and perform
all such acts and things and to execute, acknowledge, and
deliver in the name and under the corporate seal and on behalf
of the Issuer all such instruments, whether or not herein
mentioned, as may be necessary or desirable in order to carry
out the terms and provisions of this Certificate Ordinance, the
Certificates, the sale of the Certificates, and the Notice of
Sale and Official Statement; and the Director of Finance of the
29
Apanda NG
Ageedaiteni__Z,S ~7
rime
City shall cause the expenses of issuance of the Certificates
to be paid from the proceeds of sale of the Initial Certifi-
cate. In case any officer whose signature shall appear on any
Certificate shall cease to be such officer before the delivery
of such Certificate, such signature shall nevertheless be valid
and sufficient for all purposes the same as if such officer had
remained in office until such delivery.
i
I
70
A0enda No __k _e
Agendaltemof~ ~jf
CERTIFICATE FOR
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1993,
AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
RELATING THERETO
THE STATE OF TEXAS
COUNTY OF DENTON
CITY OF DENTON
We, the undervigned officers of said City, hereby certify
as follows:
1. The City Council of said city convened in
REGULAR MEETING ON THE 19TH DAY OF JANUARY, 1993,
at the Municipal Building (City Hall), and the roll was called
of the duly constituted officers and members of said City
council, to-wit:
Jennifer. K. Walters, Bob Castleberry, Mayor
City Secretary Jane Hopkins, Mayor Pro Tem
Harold Perry Euline Brock
Margaret Smith Jack Miller
Mark ^hew
and all of said persons were present, except the following
absentees:
thus constituting a quorum. Whereupon, among other business,
the following was transacted at said Meeting: a written
ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF
CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1993,
AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES
'I RELATING THERETO
I was duly introduced for the consideration of said City council
and duly read. It was then duly moved and seconded that said
ordinance be passed: and, after due discussion, said motion,
carrying with it the passage of said ordinance, prevailed and
carried by the following vote:
AYES.,
NOES:
ABSTENTIONS:
1 _
That a true, full, p
ordinancepassedat the Meeting described inotheh aboveaforesaid
and
119 z 9._=L-L _
foregoing paragraph is attached to and follows this Certifi-
cate; that said Ordinance has been duly recorded in said city
Council's minutes of said Meeting; that the above and foregoing
paragraph is a true, full, and correct excerpt from said City
Council's minutes of said Meeting pertaining to the passage of
said Ordinance; that the persons named in the above and fore-
going paragraph are the duly chosen, qualified, and acting
officers and members of said City Council as indicated therein;
and that ea-h of the officers and members of said City Council
was duly and sufficiently notified officially and personally,
in advance, of the time, place, and purpose of the aforesaid
Meeting, and that said Ordinance would be introduced and
considered for passage at said Meeting; and that said Meeting
was open to the public, and public notice of the time, place,
and purpose of said meeting was given, all as required by
Vernon's Ann. Tex. Civ. St. Article 6252-17.
I
3. That the Mayor of said City has approved, and hereby
i approves, the aforesaid Ordinance, that the Mayor and the City
Secretary of said City have duly signed said Ordinance; and
i that the Mayor and the City Secretary of said City hereby
declare that their signing of this Certificate shall constitute
the signing of the attached and following copy of said Ordi-
nance for all purposes.
SIGNED AND SEALED the 19th day of January, 1993.
City Secretary Mayor
(SEAL)
We, the undersigned, being respectively the City Attorney
and the Bond Attorneys of the City of Denton, Texas, hereby
certify that we prepared and approved as to legality the
attached and following Ordinance prior to its passage as
aforesaid.
City Attorney
Bond Attorneys
h
W4T
+
T-T
:r.
C I T Y W91COUNCIL
+
O~pl p~
M
1 f
A ~ 0
T
~f t
0
O$aP M-M
-TT
f ° " Y 000
roe oc4i~y
TIT
:11: TM: 'Itt
TIT T
. E.
{
ACV* I4o
Agenda I......,..
DATE: Jar["ry-29, TVT3 -
CITY COUNCIL REPORT
TO., Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT OF LOTS 1 AND 2, BLACK lJ LOVE'S
COUNTRY STORES ADDITION
RECOMMEN ATION•
The Planning and Zoning Commission recommended approval
by a 5-0 vote, at its January 13, 1993 meeting.
SUhMAI Y:
The 13.7027 acre site is on the southeast corner of
Milam Road (F.M. 3163) and Interstate 35. Approximately
lot of the land is within the city limits, and the
remainder is within Denton's extraterritorial jurisdic-
tion.
A retail operation, Love's Country Stores, is currently
in use on Lot 1 - primarily inside of the city limits.
The applicant proposes to enlarge the store and relocate
the gasoline islands. The use of Lot 2 is currently,
and will remain, agricultural.
The applicant intends to final plat only Lot 1 in the
immediate future. This would have two curb cuts.
Others would violate separation regulations or interfere
with vehicles exiting the Interstate.
Sidewalks are not required, since the nearest Denton
water line is over 8,000 feet away. T%e re are no public
improvements involved with Lot 1. Public improvements
will be forthcoming with the final platting of Lot 2.
BACKGROUNP:
Approximately 58,600 square feet of the 13.7027 acres is
within the City of Lenton and is zoned Agriculture (A).
The remainder, being outside the City's boundaries, is
unzoned. This situation was created in 1987 when there
was a "strip annexation" along I-35.
PAGE 1
i
~jenaeHo 93 G~43
Ageodattern_
11e
The applicant is working with the staff to obtain proper zoning for the entirety of Lot 1, and the staff is
simultaneously researching annexation of that part of
Lot 1 which is currently outside the City (approximately
3.8 acres). The proper zoning will need to be approved
before a building permit can be issued.
City services and facilities, including electrical, and
solid waste, are available. There is an existing water
well. The current septic system will be enlarged to
handle the proposed expansion.
The plat conforms to the minimum requirements of the
Subdivision and Land Development Regulations; Chapter 34
of the code of Ordinances.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
Various City departments.
i
FISCAL IMPACT:
None.
Respectfully submitted:
v
repared by: Lloyd . Harrell
r r ( City Manager
(1 -
G. Owen Yost, A ILA
Urban Planner
Approved:
Frank H. Robbins AICP
Executive Director
' Planning and Development
PAGE 2
Agenda Na
Agendaltem__S?~/_
ate 19-y 3
ATTACHMENTS: `3G`Y
1. Location map.
2. Preliminary plat.
3. P&Z minutes of 1/13/93.
r
i
AXX00291
PAGE 3
y
A09nda No
ATTACHMENT 1 Agenda
P-92-044 Love's Country Stores Addition? NORTH
i
E
+ SITE
I
_ yn a
Date: 1/6/93 Scale: NONE S/
i
Apsn~a Na Z
Agenda Iteml f` X O
ATTACHMENT 2IB_
P-92.044 Love's Country Stores Addition _
INTERSTA TE HIGHWA Y 35
!
t
1...- \ ti -may.„
11.. _ to _ 4S)
14
\ .r. 1. i.<♦ •n ♦ y~.
IPP
1 1M A
J \
JJJ ~ c;
i t• 1
trc",.•r - Y
8 ~ A6Y
IIi, "A
Ill
/ I ~:v
i
r
Sl~"Cl'W'C l6•^' i
Preliminary Pint
Date: l;h/93 Scale: NONE
S"
ATTA.;itMc;NT 3 aQanda'tem_ `,~°~P~3! I
P&Z Minutes
January 13, 1993
Page 2 e
I
I
AIECOMMENDATION: Ms. Feshari stated that the staff recommends approval of
Y -92-030.
Chairman Engelbrecht closed the public hearing.
It was moved by Mr. Glasscock, seconded by Mr. Cochran, and unanimously carried
(5.0) to recommend approval of Z-92.030,
111. Consent Agenda
Mr. Robbins asked to have item a, the Lakewood Addition, removed from the
consent agenda in order to postpone it.
a
Ms. Huey moved to pull item a, the Lakewood Addition, from the consent agenda.
Motion was seconded by Mr. Cochran and unanimously carried (5-0).
RECOAiMF.NDATION: Mr. Robbins stated that staff recommends approval of the
consent agenda.
I
I
Motion was made by his. Huey and seconded by Mr. Glasscock to approve the
consent agenda as follows:
h. The preliminary plat of lots I and 2, Block 1, and the final plat of lot 1,Block
I, of the Elm-Univctsity Addition.
C. The preliminary and final plats of Lots 1 and 2, Block 1 of the Chiquita
Addition.
d. The final plat of lot 1, BIOCK A and Lot 1, Block B of the D. Lombard
Addition.
e. The preliminary and final plats of Lot 1.Blo;'; 1, of the Dental Specialty Clinic
Addition.
f. The preliminary plat of lots 1 and 2, Block 1, of the Love's Country Stores
Addition.
Mr. Cochran asked if the Dental Specialty Addition i ; the site of the existing church
t! .
~gsada No _~~p~_
Apendo Item..- ~S
PAZ Minutes
January 13, 1993 it FPage 3 Lt
II
building.
Mr. Robbins said yes.
i
Ms. Flemming asked about the curb cuts for the Elm-University Addition.
i
Mr. Yost pointed out their location using the overhead projector. lie said that the
curb cut on University was granted a variance by the Traffic Safety Commission.
Motion to approve the consent agenda carried unanimously (5-0).
Mr. Glasscock moved to postpone consideration of item a, the final plat of the
Lakewood Addition, until the next meeting. Motion was seconded by Ms. Huey and
unanimously carried (5-0).
1
I
I
I
~I
7 I
I
C I T Y`
{COUNCIL
h+
Ii.ct
if•rr.
tx.
IM
C~O~onr ° r f:
0
pe O
°~oe' ncno~ 1
ST,
1:117 Ill.
AjsMa1WjL
ME: January 19, 1993
rcITY COUNCIL REP2&1
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRELIMINARY PLAT OF LOTS 1 AND 20 BLOCK 1; LOT 11 BLOCK
2, LOT 11 BLOCK 31 LOT It BLOCK 4 OF THE THOMPSON-
j CONNELL-PLATT ADDITION AND A COMPREHENSIVE PEDESTRIAN
ACCESS PLAN FOR LOT 1, BLACK 1.
I
RECOMMENDATION:
The Planning and Zoning Commission recommended approval
on December 16, 1992 (7-0),
SUMMARY:
This is a 74.5 (plus or minus) acre tract located at the
northwest corner of FM 2181 (Teasley Lane) and Hickory
Creek Road.
'ihe site is currently undeveloped, however, a request for
rezoning is being processed concurrently. The applica-
tion is to delete 58.61 (plus or minus) acreu from
Planned Development 114 and to approved a Detailed Plan
on the remaining 15.67 acres for the purpose of a
televangelist ministry.
The preliminary plat delineates a 95 feet Building
setback on Hickory Creek Road as this is the proposed
location of the southern portion of Loop 288, according
to the Thoroughfare Plan.
30 feet of Right-of-Wef is being dedicated along the
northern property line for a future collector street.
The site is providing both a retention (wet) and a
detention (dry) pond in order to off-set increases in
drainage run-off. The 100 year floodplain has been
dedicated as a drainage easement and is acceptable.
Public improvements include perimeter paving across the
frontage of Hickory Creek Road. The ordinance allows
perimeter paving to be done in phases along with the
final platting of each lot. Who pays for the paving in
an issue between property owners in the plat. sidewalks
are required across the frontage of all lots in this plat
document, Please note that the preliminary plat shows a
PAGE 1
Comprehensive Pedestrian Access Plan for Lot 1, Block ii,
Each lot is a part of the total design of the develop-
ment. Six (6) fire hydrants are required. Four (4) will
be located within the 20 foot utility easement along FM
2181 and two (2) are required within the 16 foot utility
easements as shown on the preliminary plat document.
UTILITIES
General:
• A 20 foot utility easement is requested along FM
2181 frontage. The Utilities Department may requast
to work with the developer on the timing of the
paving of the lot over the utility easement. The
Upper Trinity Regional Water District in cooperation
with the city will be installing an 18 inch water
line in this easement within two (2) years.
Water:
An 8 inch water lira is located along the western
side of FM 2181. Pro rata is due for the frontage
I along FM 2181 at $16.43 per linear foot. This must
be paid prior to each final plat approval.
Sewer:
The nearest sewer is on Hickory Creek Road at McNair
Elementary School, 4,000 feet to the west or along
Hickory Creek about 4,000 feet south of the site.
• The applicant has submitted a concept design for an
on-site septic system based on office use with 40
employees. The Utility Department has reviewed this
and based on the criteria given, it has been deter-
mined the septic should work on proposed lot one
(1). If the applicant modifies the office use or
number of users as shown on their Concept Design
Septic Treatment System Plan, further studies will
be required by the applicant and the City.
. All septic tanks must comply with Section 34-119,
Alternative Water and Sewer Systems.
. Septic tank for proposed Lot 10 Block 1 must be
contained on the lot.
Fire:
The fire hydrant flow test data does not now meet
Medium Intensity commercial requirements per ordi-
nance 91-065. Even if all structures on site are
provided with sprinkler protection, the water supply
PAGE 2
ApendeNo ~__.2-3 ~D3
Agenda
i~em_
it+la _1~ ~ 3
would be short 250 gallons per 1
currently 581 Gallons Per Minute minute. Fire 20 ow is
) psi. 1
However, improvements to this area shall increase
the flow to at least 750 GPM at 20 psi and then meet
fire flow standards.
aggtric:
• Electric service is available to the property from
the three phase overhead facility on Teasley Lane,
the east side of the property, and three phase
overhead facility on the south side of Hickory creek
Road.
j Easements will be required if electric service
crosses lot lines.
• It is recommended that a pad mounted transforrer be
located as close as practical to the buildings
Master Distribution panel. In addition, the trans-
former must be located where it is accessible to
heavy equipment and in an area where it will not
conflict with lhndscaping or building architecture. {
Phase I & II could possibly be served from a cen-
trally located transformer however, if it is techni-
cally unfeasible, or the applicant decides to serve
the two facilities separately, a second pad mounted
transformer would be installed in Phase II.
DRAINAGE;
The drainage easements, as shown on the preliminary plat
document are acceptable.
i
BACKGROUNDr
On May 6, 1986, the City council approved the rezoning of
this site from the Agricultural District (A) to the I
Planned Development District (PDO for a mixed use
development consisting of park land, single-family
detached (6,000 s.f. a u lot size), multi-family,
office, and general retail type uses.
On December 16, 1992, the Planning and Zoning Commission
recommended approval of the rezoning. However, due to a
technical error in land calculations the Planning and
Zoning Commission reheard the case on January 13, 1993 1
and recommended approval of the Detailed Plan and rezon-
ing the remaining 58.81 acres to the Agricultural dis-
trict.
The preliminary plat conforms to the minimum requirements
of the Subdivision and Land Development Regulations;
Chapter 34 of the Code of ordinances.
PAGE 3
i
1
{
aQendp No. 0 3
Agoods
lcr,~~__
X19_.1= L9=.Q~._
PROGRAMS. DEPARTMENTS OR GROLPS AFFSCTED;
Building Inspections. 1
FISCAL IMPACT;
N/A
ATTACHMENTS:
1 1. Location map,
2. Reduced preliminary plat.
3. Draft copy of minutes from December 16, 1992 P & Z
meeting.
Respectfully submitted:
I i
Llo d V
y Harrell, City Manager
Prepared by:
Kashari, Urban Planner
Approved:
Fr nk H. Robbins, AICP
Executive Director
Planning and Development
AXM00262
PAGE 4
r
AUKd, No 6
/
agenda+ram
Z-92.030 Dwight I'll n+npscin Ministries
/
NORTf 1 ~y SITE
a~ III ~I \ \ j , P~'~ J: ' Li'a'r '~j '~.V. ~ 1
~ tit ;1 r d ~1 S~
i
I
_
I
I hW~ _ f
II r
C 4
- ~1I Ilk
Date: I2104,'92 Scale: NONE MAN
~J2 ; I,,I i I
I-
'~.=ili•
i i 1 I
; - _ . ti let-
, ~ R'ir~j~
It E, yQ h`• JI
F+tZ
j ' i~``• . e , .M M i l ~O'• M
PRO Y 006,.
' J.J
see
1I -•~r 1 /7 ~r 111 . 11 1~. f J
~ _ ~ • ~~j Imo; , I ~i
+v^
a
1
S 1 iii' r . • r F
1 _ V
«.o. - ' Ikll
bousirl mows
%NIP
~ IUillu
aa~lu/1 / ~ \ rLl .rut . ,
M 11 'I III 11 I 1 . i
1 1 x 141 ~ s•
J 4 I I1 1,1
I / ~ala I Y ~1laa Ilai~~a~ ~ j Bill E 1 I ~,~,-m i • ' • P~V~ a., .,..q
ro /l jolt !I
1 `I 1 1 . 1 r
I ~ 1 • l11!
'rl \ I 1 ~
1 1 1
I ~ ~ •1 /1/1~IaJa 1 l ~a I I-~~~... / i i I ~I 1 y l N .
• lu a 11 ~/llI r.
C _ T1 r,
1.1• '1nle!
~ ~4
ii $LGi/,9 II + ..la~egZaes ~I i
/111 III j~ ~ i 'I (~/II11.11 I +i
iTE L.0 XYION 1 _ j I I + 1 I VIP
I 1►' lt~~~" L~ ~j Iii
LOCATION YAP Y A w T I
CIA.
cc In r`
DWIGM ~THO"SON k"TF" M
GEORGE 00ff . A L PAUL FLATT ik,.zt.AG,t, li
Ire YwF MI ~
n04,90N - GGfNf11 - FLATT ADDf1ION
to[I I&%a Q`] to1111-¢]r a•-,L~1 I,,4X" LOI IhOK/
o tiif~rdlX`r u~rnj--lylw _
1I1r..M,-11 IC p/1! 171 Gar! «
a. K r MTp.!
of le
I ■Q111tJ Ilrrv r]
t
-rte -T ~ T -
o~andj Na. _...1. Gam` _
Agma
ATTACHMENT 3 (131U_/___./~.~93
Dec J
P&Z Minutes
December 16, 1992
Page 4
will be required to connect to the City sewer system.
PETITIONER: Bill Coleman complimented Ms. Feshari on her
presentation. He said that Phase II is planned for 2-5
years in the future. They have made an effort to adhere
to the staff comments. The initial offices can safely
operate with an on-site septic system. When money is
available, they will extend the sewer line. His clients
are looking forward to coming to Denton.
No one was present to speak in favor or in opposition to
the rezoning.
RECOMMENDATION: Ms. Feshari stated that staff recommends
approval of Z-92-030.
Chairman Engelbrecht closed the public hearing.
Motion was made by Mr. Glasscock, seconded by Mr. Cooper,
and unanimously carried (7-0) to recommend approval of Z-
92-030.
b. Consider the preliminary plat of Lots 1 and 2, Block 1;
Let 1, Block 2; Lot 11 Block 31 and Lot 1, Block 4 of the
Thompson, Connell, Platt Addition and a Comprehensive
Pedestrian Access Plan.
STAFF REPORT: Ms. Feshari stated that a pedestrian
access easement is being planned to meander around the
pond and trees. She showed the Commission a sidewalk
layout. The plat meets all. requirements and the Develop-
ment Review Committee recommends approval.
It was moved by Mr. Willis, seconded by Mr. Cochran, and
unanimously carried (7-0) to recommend approval of the
preliminary plat of Lots 1 and 2, Black 1; Lot 1, Block
2; Lot 1, Block 3; and Lot 1, Block 4 of the Thompson,
Connell, Platt Addition and a Comprehensive Pedestrian
Access Plan.
VII. Hold a public: hearing and consider a variance to sections
34-124(d)(1), 34-124(e)(5)b and c, and 34-124(f)(3)a of the
Code of ordinances concerning drainage improvements within
the proposed Lakewood Addition subdivision.
Mr. salmon presented the staff report and recommendation
(attached). Ile said that the issue is whether thu drainage
J
t~
t #i:=
C ITY
l COUNCIL 1
} I
i
i Mq
V 4 M•
O
~L t
CCCC7777 ~ '
I-Ml 'X
OR
TTI III
UXT :1 :1-1
.1
1
ALLOOOIF
~enee~Q. 'Q~3
Agenda Item
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 nece3sary materials, equipment,
supplies or services in accordance with the procedures of state law
and City ordinances; and
WHEREAS, the city Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
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
F-QXr2ER NO_ ENDO AMOUNT
1431 ALL GENERAL SAFETY EQUIPMENT CORP. $360,170.00
1430 ALL SUMMIT WHITE/GMC $160,322.00
1437 2 CUMMINS $ 24,754.00
1437 3,4 TEMPLE $ 26,691.00
1445 ALL MORTON TREE SERVICE EXHIBIT "A"
1451 ALL CARBON SALES INC. $ 31,010.00 ~
1453 ALL TEXAS SCREEN PROCESS SUPPLY $ 20,080.50
SECTION Ii. That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the 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, aid
Proposals, and related documents.
I
93 oy~
Agenda No,
AQe0alWo PO"9,9
SECTION III. That should the City and persons submitting ap-
proved and accepted items and of the submitted bids wish tn enter i
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 a_tached hereto; provided that the
written contract is in accordance with the terms, conditions, spec-
ification_, standards, quantities and specified sums contained in
the Sid Proposal and related documents herein approved and
accepted.
I r
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 1993.
BOB CASTLEBERRY,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
i
BY:
Agonds No
Avid, tee _ 14,
BID ! 1445 I [UIE-9'
BID NAME TREE TRIMMING HORTON TREE I 3.~3
I SERVICE I
OPEN DATE DECEMBER 8, 1992 I
N (QUANTITY I DESCRIPTION !I
_ I I I VENDOR I
I EXHIBIT "A"
I I
1' I A. (OPEN EASEMENT ! .62'
I 8. ICLOSED EASEMENT I 1.13' I
I I ~ I
I C. ICOMBINES OPEN 6 CLOSED I
I (EASEMENT •85' I
I I I ~
I I I I
D. (TRIM DOWN BELOW TELEPHONE LINEI + .15, 1
I I I I
E. ITRIM TRANSMISSION LINE RIGHT- I I
ION-WAY CLEARANCE I 1.20'
I ~ I I
I I I I
I I
I I
I ~ I
Agenda No
ABer4aib
DATB:_JANUARY.19,_2993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROh1: Lloyd V. Harrell, City A1anager
SUBJECT: BID # 1421 - PUMPER FIRE ENGINES
I
RECOMMENDATION: We recommend this bid for two pumper Fire Engines be awarded
a, to the lowest bidder meeting specifications General Safety Equipment Corp, In the
amount of $179,860.00 each plus specified cptio~is bring the co-+ per unit to
$160085.00. Total bid award is $360,170.00 (see John Cook's memorandum for
options explanation).
SUMMARY: This bid is for the purchase of two 1000 gallon per minuto, 4 door
pumper fire engines. The units will have a 1000 gallon per minute Waterous model
CXRK single stage rear mounted pump and apparatus body, mounted upon a
International (IHC) model 4900 4 door chassis.
The last pumper engines purchased for the Fire Department was in 1988 at a cost of
$1710870.00 each plus $28,077,00 In additional equipment They were Peterbilt
Chassis with General Safety bodies and 1500 GPM pumps. These new units are
similar in cost and function while being smaller, more maneuverable and much easier
to house,
BACKED: Tabulation sheet, Memorandum from John Cook, Fire Chief,
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Nlotorpool Operations and Fire
Department.
FISCAL IMPACT: Funds for the purchase of these trucks will come from Certificate
ot Obl gat on unds. The repayment schedule will be spread over a 120 month
period. Funds for repayment will be taken from both future budget funds and Fire
Reserve Funds as presented to Council during the budget process.
Respe Tully subm tt d:
Jo d Harrell
City Manager
Approved:
r
Name: Tom Shaw, C.P.hi,
Title: Purchasing Agent
■genG~J70
Apencfaltem ~~`_Q~1
BID If 1421 RalB
BID NAME FIRE TRUCK PUMPING ENGINE J !~71
~ CEtIERAL J W.S. DAALEY
OPEN DATE SAFETY & CO.
OCTOBER 1, 1992 EQUIPMENT I
1 FQUANTITY J
I DESCRIPTION I VENDOR J VENDOR
I I 1• i 2 FIRE TRUCK PUMPING ENGINE i $179,860.JO J $173,979.00
' I J
ii
I
I
1
r
I
1
I
ogendiNa_
Agenda Nem __.ca t~2/j
bate
\IE~'1I0 #192-U70
Revision
TO: Mr. R, Sveiila, Depute Lity Manager I
Mr. T. Shaw, Purchasing Agent
FROM: J. L. Coot, Jr. 0 Fire Chief
DATE: 13 November, 1992 I
i
SUBJECT: BID #1421 ENe;INES AND EQUIPMENT
On Thursday 1 October, 1992, bids were opened for two (2) engines
and assorted miscellaneous equipment. We received two bids. The
base bid by W.S. Darley & Co. was the lowest at $173,979 each. The
second bid was received from General safety with a bid of $179,860
per unit.
After reviewing both bids, it is my recommendation that General
Safety's base rid of $359,720 be accepted as it is thq lowest and
only hid which meets our specifications. W.S. Darley & Co. fails
to mtat our specifications for the following reasons:
ti
1. Part I, item N, page 2 states: "If any bidder has any
exceptions it must be stated in writing and described in
detail what is proposed to be furnished in lieu of the
specified requirements. All exceptions shall be fully listed
and explained on a separate sheet of papot marked 'Exceptions
to Specifications.' Failure to provide such a list with the I
bid proposal, shall be grounds for rejection of said
proposal."
I
W.S. Darley did riot list any exceptions as required by the
above, but did take exceptions as follows:
a. Part IV, item X, page 23 specified a "Electrodyne, or
equal, three (300) amp minimum, self-contained internal
rectifier alternator. Darley bid a 160 amp alternator.
b. Part VIII, item E, page 35 specified steel running
boards. Darley bid aluminum. ,
C. Part II, item A, page 5 required a complete scaled {
drawing of the exact apparatus being proposed. Their
drawing indicates the ladders to extend beyond the bed of
tte apparatus. Part VIII, item G.2, page 36 requires
taat the ladders be completely stored within a
compartment in the hosebed. Darley's proposal does not
clarify this point. Their representative indicated at
the bid opening that this would have to be resolved 1
later. Due to height limitations at stations 2 and 4
this item is of critical Importance. J
13 November, 1992 Acenda M Page 2 Age Ma Hent__
Nle ---L=-x-53
J ,c ,?3
d. Pa.rt VI, item I, page 30 specifies a FoarPrb 2000 Cla ~s~
A 6 B foam system. Darley's proposal lists a FoamPro "or
equal" without clarifying the "or equal."
e. Par;: IV, item 3.6, page 40 specifies a Pioneer Magnetics
#2926A-3 12 volt 85 amp converter. This is the same type
used on our ambulances. Darley's proposal fails to
specify the modil number of the convertor and proposes an
"or equal" without describing what is being proposed in
lieu of the converter specified. Their representative
explained that Pioneer Magnetics had gone out of business
this is not the case.
f. The seats, batteries, glove box, naplights and rust
j warranty outlined in Darley's proposal do not meet our
specifications.
g. Darley's engineering drawing fails to provide details on
the crosslays, hosebods, deckgun, telescoping lights, and
rear discharges.
2. In addition, Darley's proposed delivery time is 240 days after
receipt of the chassis vs. General's 240 working day total.
3. Darley's list of references did not, list any metrcplex fire
departments. Whereas, General has delivered six units to
Arlington and three units to the City of Denton. We have been
well pleased with the service and performance of oir Generals.
4. 1 hope that this will meet with your approval and remain
available to answer any question that you might have. If my
recommendation to award the bid to General is acceptable, I
would recommend the acceptance of a number of additions and
deletions offered as options by General. These options are
itemized below.
(See Table on Next Page)
The original bid by General was $359,720. When options and
deletions are factored in th,3 amount to be awarded would be
$360,170.
I
I
I
c
c
GENERAL SAFETY OPTION LIST
ITEM ADD DEDUCT
1. Base Bid (2 Trucks) $359,720
2. Alternate Pump Panel - 2 Trucks $ 7,730
3. Page 3, Option 1; Delete amp meter, $100 ea. $ _ 200
4. Page 3, Option 2; Substitute heater/AC, $750 ea. $ 1,500
5. Page 3, Option 4; Delete alternator 6 retarder, $10,500 $ 21,000
6. Page 3, Option 5; Add exhaust brake, $950 ea. $ 1,900 _
7. Page 4, Option 6; Delete SR-1 valve, $375 ea. $ 750
8. Page 40 Option 8; Custom Package, $685 ea. $ 1,370
9. Page 4, Option 9; Add compartments, $700 ea. $ 1,400
30. Page 12, Option 3; Pressure Governor, add $2,500 ea. $ 5,000
11. Page 12, Option 7; Lengthen Chassis, $3,250 $ 6,500 _
SUBTOTAL $383,620 $ 23,450
WARD AMOUNT $360,.70
'r
AgendelNo
Age Q& Aq'E":-January-19; 4993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: HID f 1430 - ROL1,-OFF REFUSE TRUCKS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting
specifications, Summit White/GMC in the amount of $80,161.00 per unit for two units.
The total bid award Is $160,322.00.
SUMMARY: This bid is for the purchase of (2) two Roll-Off Refuse Trucks consisting
of 62,000 GVW truck chassis and 60,000 lb.rated frame and hoist. The trucks are
designed to load and transport the large commercial refuse containers and compaction
units.
The units offered by Summit White consist of a White WX64 Expeditor truck and
Accurate Model AH-OR-60 roll-off frame. This combination is widely accepted by the
refuse hauling industry and a con3iderable number of similar units are currently In
operation in the metroplex area.
These trucks are replacements for motorpool fleet units. One is a 1983 Mack and the
other Is a 1984 Peterbllt. Both units will be evaluated to determine if one should be
retained and utilized as a backup unit.
The lower bids offered by Metro Ford fail to meet specification for cab design. They
offered a conventional our specifications require a cab over design for lower entry
height and superior turning radius.
The lower cost offered by Bruckners Mack fails to meet engine specifications and
rear axle/suspension requirements, an adder for $1,065.00 per unit will bring the
engir:e into compliance however, the rear tandem axles and suspension are 2,000 lb
lighter rated than specified.
BACKGROUND: Tabulation sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Motorpool Operations and
Commercial Solid Waste Division.-
FISCAL IMPACT: These refuse trucks will be funded as a portion of the Certificate
of Obligation funds approved by Council. The trucks are to be setup for a 60 month
pay out period.
,
Apenda No.---_~+~. L~P3
ApendalMm 2.S 'a`9.9 _
CITY COUNCIL REPORT
JANUARY 19, 1993 6
PAGE 2 OF 2
Respe fully subbmi~tted-
j I~ o~G~S`Y
LIo d V . H irrell
City Manager
r
Approved:
Name: Tom Shaw, C.P.M.
Title: Purchasing Agent
I
A
i
r I
apands,729 1
II,
1
tip f 1410 I I t I
I I I I I I I 1 1 I
e.D rANT IaLL wr must TpvCA I turo+IT a 1 carol It a InUtIMft[M I epucAnsN+ I oRtus I cRLe RI RTx IwvRNr•D xAStl O s n nra I ne emr I Marva
row 1 IaTlo TOM I
! "ITS Gxe I I IDUIPKINT I MACK I►ITtpAILT I I ere.TN I I m. :Me. I It I 93
1
oven CATS DICINSIP 15, 1590 f I I I I I I I I I
i IGrri DuoRlrnoN I VInaOR 1 vewoR-I vtnmR I V[NmK 1 vtrmK_ I vsrOOR i vtroop I venmp 1 veNmR I vrnmR I venooA
I
I I I I I I 1 I I t I 1
1. I f Ispuct ae/cNASn6 I No 6ID I no uo I NO slD 1663,I02.12 I 161,111.00 I 1 I I fes,15l.oa I 151, 116.00 I 419410100 I
I Intro I I MACK I FITIPIIL1 I I I I MACK row I PC" I
I IMao IL I I M16e56 t I20 I I I I W4645 LTJ9000 I LT69000 1
I Ic ILIVeKI IDAr61 I I 90 I So-u0 I I I 1 9o 40-130 I 6o-13o I
1 I I I I I I I I 1 I I
2. 11 1R0LL-011 FAAq kItp AIR I I I I I I 111630.e0 1 614,901.00 I 11e13s9.o0 1156, ul. ao ! 414,715.00 1 1119,3;s.ao 1
I IACTUATO MNTMOLt ! I 1 I I I I I I I I
I INTO I I I I GKLIAIRtH I ACCURATE 1 1000 O&N I aRLUTATH I ACCUATI 1 ACCURATI I
I INoOn I I I I UscK 1 6000 I ALT I USCOL14 1 ra-oK-6D 1 uI-OR-60 1
I IDILITrAT pkvjl I I I I lI 1 r6 I 1115,141.00 I 1 60-120 1 60-1I0
1
I I ! I I I I Io1Ma0o I 1 I I
7. I 11Caa1sATION TRUCK A" teA141 980.141-00 1 000.3#1.00 1 160,161.00 1 I I I I 1 164.116.00 1 1116,Ioo.00 1 $74,496.00 1
I 1TPUC KID "ITS 1 WITR "lit I I I I I I MAC 1 tow 1 role I
I ITwCt MODEL I NN64 I x566 NN44 I 1 I I I 1 1016665 1 LTe 9000 1 LL-N000
1 I IrAAm PTO I ACCUATt I GALIAWN ( ACCURATE 1 I I 1 1 I OKLSRIATN 1 ACCURATE ! ACOURATR
1 Ir6A1a MEL I Ample 1 use" I Klima I I I 1 I ! USOM114 1 ALT.0vto 1 AM-00-60 1
I ICtLINTPT (0x61 I 130 CRIS I Ila CR1I 1 140 CRIS I I 1 ! TO 1 90-120 ! 60-110 so tto 1
I I I I I I I i I I 1 I ! I
I 1 I I 1 1
NO BID PROPOSALS
AAINDALI FORD
►KI6TIDGS TO"
MAIWAF INT'T
s 1
I \
I
~Oe>Ida lte~n _._~~S L
I3ATZL JANUARY 19, 1993
CITY COUNCIL REPORT 1
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID / 1437 - PADMOUNTF.D SWITCIIGEAR & AIR SWITCHES
RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting
specification for item 2 to Cummins at $24,754.00 and items 3 & 4 to Temple in the
total amount of $26,691.00. Item 1 is not being awarded at this time.
SUMMARY: This bid ; ?or pad mounded switchgear and air switches. These switches
will be used throug,,out the electrical distribution system for ongoing projects and
underground conversions.
BACKGROUND: Tabulation sheet, Memorandum from George Pool dated January 12,
1993.
FISCAL IMPACT: Funds for this purchase are available from 1993 ` udgeted account
0610-080-0252-9220 balance is $ 31,982.83
0610-080-0252-9219 balance is $184,004.51
Respec ally submitted:
yd Q:ell
A,,
City Manager
a~
Prepared by: 1
Name: Dev nlse fiarliool
Title: Senior Buyer
Approved:
Name: Tom haw, C.P.M.
Title: Purchasing Agent
e gelde.37!
n
I I i
BID v 1437
I I I I I
BID NAME 1~) MOUNTED SWITCHGEAR & ICUHMINS SUPPLY I POLELINE PRIESTER I PRIESTER PRIESTER
AIRSWITCHES I I ELECTRIC ( M1 I 42 I 43 1
OPEN DATE NOVEMBER 17, 1992 I I I I 1
4 IQUANTIT461 DESCRIPTION I VENDOR I VE14DOR I VENDOR I VENDOR I VENDOR 1
_I_ ~I I _I I i I_ I
j ~FY I I I I I I
1. I 11 I TYPE 9 PADMOUNTED SWITCHGEAR 1 $6,536.00 1 $6,449.00 I $11,899.54 $7,726.00 1 $70053.00 1
I I I I I I I I
2. 1 3 (TYPE Al PADMOUNTED SWITCHGEAR 1 $7,918.00 1 $8,049.00 I $11,131.57 $8,100.00 1 $8,625.00 1
~ I I I I I I I I
9 I AIRSWITCH, POLE TOP I NO BID 1 NO BID I NO BID I NO BID I $134.50 1
I I I I I I I
4. 1 2 1 AIRSWITCH CROSSARM I $1077.00 I $1,874.00 NO BID I NO BID 1 NO BID 1
I 1 I 114 ALT $1919.001
I 1 I 175 EA FUSES FORIFUSES FOR i1&2 1 1 1 1
i I 1 J1 @ 123.EA 1 ABOVE 118.EA I I I i
I I I I I I I I
dID # 1437 1 I I I I
I ! I I I I
BID NAME PADMOUNTED SWITCHGEAR & I TECHLINE WESCO I TEMPLE DEALERS I I
AIRSWITCHES I ! f I I
OPEN DATE NOVEMBER 17, 1992 1 1 I I I
I__ 1 f ._..I I
$ 1QUANTITYI DESCRIPTION 1 VENDOR I VENDOR VENDOR VENDOR 1 VENDOR 1
1 f I I I I I I
I ! I I 1 I I I
1. 1 11 1 TYPE 9 PADMOUNTED SWI^:HOEAR 1 $6,474.00 1 $7,812.00 I $7,700.00 1 NO BID I I
4-J 2. { 3 (TYPE 11 PADMOUNTED SWITCHGEAR 1 $8,147.00 1 $8,646.00 ! $80078.00 1 NO BID I 1
I I I I I I I !
3. 1 9 1 AIRSWITCH, POLE TOP 1 NO BID NO BID 1 $2,257.00 1 NO BID 1 1
I I I I I I I I
4. 1 2 1 AIRSWITCH CROSSARM 1 $10761.00 1 NO BID 1 $2,126.00 I NO BID I I
1 1 { I 1 I I I
I ! 175 SM 20 FUSE 1 ! I 1
` I `UNITS @ 123.EA
~I
I
III
ppendiNo __._3V
n Agenda ft_-If~11111'
race.
/ S/ ~c/ 3 1
CITY of DENTON MUNICIPAL UTILITIES/9o1 -A Texas street/Denton,TB 16201 j
MEMORANDUM
TO: Denise Harpool, Senior Buyer, Purchasing
FROM: George Pool, Engineering Associate
,
DATE: January 12, 7993
SUBJECTS REVIEW AND RE.OMYENDATIONS FOR BID #1437 FOR PADMOUNTED
I AND AIR SWTTCAES
After careful evaluation o' did #1437, the Electric Engineering
Division recommends the following:
1. Rejection of bid Item 1 for a Type 9 padmounted switch
gear. This item will be rebid at a later date with a new
set of specifications.
2. Acceptance of the low bid from Cummings on Item 2 for. Lhe
Type 11 padmounted switchgear.
3. Items 3 and 4, air switches, be awarded to Temple, Inc.
The low bidders for this item submitted bids that did not
meet some of Lhe key requirements. These key
requirements have to do with system co,ipatibility, safety
features, ease of operation, and flexibility of
applications.
The switches will be used for ongoing projects such as Water
Reclamation, Tomas Rivera School, Pockrus exit feeder, Denton
Regional Medical Hospital, Forrestridge, LaPrairie and Bell
underground conversions, with the remaining switches to be stock
backup items.
If you need further information, please let me know.
George Pool,
Engineering Associate
GP:tn
12082004
Attachment
cc: Jim Harder, Director of Electric Utilities
Joe Cherri, Electric Engineering Administrator
R. E. Nelson, Executive Director of Utilities
P,QeAdaItem,_,
BIO NO 1437 SUMM,LRY SHEET ~
12181923
CCC/
Bid item NO 1, 1 I type 9 padmounted swilchgear,
{
MADE USE UNIT COST PER TOTAL
BIDDER By _ _COST SW TCH COST _
ABCHANCE $708. $6,449 S78 727 1
POLELIN£
TECHLINE AB CHANCE $738 $6,474 $19,3321
CUMMINS AB CHANCE $73.8 $6,536 $60,0141
0 _ $7,700 $84,700
TEMPLE ~S&C _$0_
PRIESTER x2 S&C 30 37,726 $84986
PRIESTER ~Y3 AB CHANCE $738_ _ $7,053 $85,701
INESCO S&C S0 _ $7,812 $85.9321
tPRIESTEA 01 COOPER $0 {1,18991 _ 5130,889]
I I
Bid Item NO 2 3_type, l l padmounted swltchgear.
- - - _
MADE USE UNITCOST PER TOTAL BIDDER _ BY _COST SWITCH COST 4
CUMMINS ST G_ $0 _ $7,918 523 754
50 _ ,078 __,524,234
TEMPLE S&C 58
PRIESTER i2 S&C $0 _ $8 100 $24,300
POLELINE_ ABCHANCE_-__ --"-i354 _58,049 __525,209
TECFEIN E_ AB ChANCE 5369 _ $8,147 __$25,548
vYESCO sac $8,646 __-525,938
PRIESTER 4'3 AS CHANCE $369 $8,886 __$27,765
PAIESTERNI JCOOPER_-_. 511,131[ _ 5331393,
Old Item NO 3 9 alrswltchs pore top_ry a=OST PER T _OTA_L
MADE C
BrDDER_ _BY OMMENT 6WIfCH COST_,_
CUMMINS AB CHANCE NB____ _
POLELINE , ABCHANCE NB
PRIESTER N1 COOPER NH
PRIESTER N2 S&C NS
IPRIESTER 03 AB CHANCE NB__-
WESCO rTECHLINE AB CHANCE
TEMPLE_,,, BR DC3ES MS 521237 520,313_
Bid Hom NO 4 2 aIrewitchs cross Arm typo.._
MA6E 009TPER TOTAL
BIDDER-- BY COMMENT _SWITCH. COST
WESCO S&c Ne $0
PRIESTER_02 S&C .
PRIESTER 411 COOPER K§--- _ 50
TECHLINE AN CHANCE NMS _ 51,j61 _$5,283
CUMMINS AB CHANCE NMS_ $1,777 $5331
(POLELINE AB CHANCE NMS 51,8]4 $51622
f TEMPLE R 03 BRIQOE9CE y - MS . - 98 ¢6,378,
NB No Bld
NMS Not Meat Specs
MS Meet Specs
Ned& No
A;lendaliem,__ ` 4
DAYPa-JANUARY 19,4993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V, Harrell, City Manager
SUBJECT: BID # 1445 - TREE TRIMMING
RECOMMENDATION: We recommend this bid be awarded to the low bidder Horton
Tree Service in an estimated total amount of $80,000.00 or unit prices as follows:
A. Open Easement
B. Closed Easement .62 per foot
C. Combines Open & Closed Easement 1, 13 Per foot
s D• TrJm Down Below Telephone Line +•85 5 per foot
E. Trim Transmission Line Right-On-Way 15 per foot additional
Clearance 1.20 per foot
SUMMARY: This bid is for trimming of trees in the electric utility easement of the
89KV transmisslon lines and 13.2 KV distribution lines, The contractor will follow
"American National Slanders for Tree Care "and" Texas Agricultural Extension
Service Prunirg & Training in this line clearance project.
Three bids were received in response to four packages mailed.
BACKGROUND: Tabulation sheet, Memorandum from Donald McLaughlin dated
December 22, 1892.
FISCAI. IMPACT: Funds for this project are available from budget account number
#610-0~ 80-0252-8338 with a balance of $229,329,81.
Alod fully au tted:
Harr ell
City Manager
Prepared by: y
1N m ~~Ts-e1De[arpoo~
Title: Senior Buyer
Approved:
~Ieme: Tom haw, C•P•h1,
Title: Purchasing Agent
~Qcnd~.377
f
Ago r d& No
Aper& Itm-_-Z 5 *.2d
BID N 1445 I f18 _ - %3
~OfRXIION BIG NAME TREE TRIMMING TREES INC 1WHITMIRE LINE TREE
OPEN DATE + CLEARING INC I SERVICE I
DECEMBER 8, 1992 I I
N IQVANTITY I DESCRIPTION I VENDOR I VENDOR I f
VENDOR I
~ I I f ~
1• I A. (OPEN EASEMENT I 1.01,1' I I
.601 I .62,
I
I B. ICLOSED EASEMENT I 1.60' 1,221 I I
I I 1.13'
I
1 C. (COMBINES OPEN 6 CLOSED I j
EASEMENT i 1,30' N/A I .85' I
I I I ~ I
D. iTRIM DOWN BELOW TELEPHONE LINEI + .25' i + + .15'
I I
I '
I E. (TRIM TRANSMISSION LINE RIGHT- ~ I
f ION-WAY CLEARANCE i 3.00' i 1.80' I 1.20' I
I ~
I ~
I I I I f
i I I I I I
~ I I I I I
I
i
1
I
i
Agenda No _-2 .0-6
apandaitem.,.. ~5 ~QA
t':,te__l___r:9- 9.3
CITY of DENTON MUNICIPAL UTILITIESIyoi-A texas sveclrhm,m,lx %2ol
11Eb10RMU.M
TO: Denise Ilarpool, Senior Buyer
FR0.IN1: Donald L, McLaughlin, Senior Electrical Engineer
DATE: December 22, 1992
SUBJECT: BID #1445 for TREE TRIMMING
Electric Engineering recommends that the low bid from Horton Tree Service
be accepted. This bid is for trimming of trees around the 69 KV transmission
loop, 13.2 KV distribution circuits, and secondary circuits. The total cost of
this bid will be $60,000.
Donald L. McLaughlin
DLh4,tn
12212420
~ee~dal~o _ 93 -003 .
Agerd>t►ttiet__. DA
.%E: JANUARY 19, 1993
CITY COU,NC1L REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: 131D 0 1451 - FILTER MEDIA ANTHRACITE COAL
RECOMMENDATION: We recommend this bid be awarded to the low bidder meeting
specs` '°1 lone, Carbon Sales Inc. in the total amount of $31,010.00.
i
SUMMARY: This bid Is for 5500 cubic feet of anthracite coal to be u.ied in the water
I'lltering process at the Water Production Plant. The lowest bidder, Leopold, did not
meet specifications making Carbon Sales the lowest bidder.
Seven bids were received in response to fifteen bid packages malIed.
-BACKGROUND: Tabulation sheet,
FISCAL IMPACT: funds are available for this purchase from account number 0620-
061-0960-8- with a balance of $158,625.19.
Respect QIIy submitted:
L10 d . Harrell
City Manager
Prepared by:
4r
Name; Den se Har o]
Titlo: Sanior Buy r
Approved:
Name: Tom S awl C.F.M.
Title: Purchasing Agent
~gaade, 7q1
i
I
r I
BID V 1451 I I j I
:PEN ID NAM ILTER MEDIA ANTHRACITE COAL READING CARBON SALES ]AMERICAN FILTER] CARBONITE iCENTRALIA COAL ANTHRACITE INC
DAT JANAURY 7 1993 I COMPANY I SAND COMPANY I FILTER CORP I SALES co 1
I I I I I
~ I` I i I I i 1
r ]QUA I i DESCRIPTION j VENDOR I VENDOR I VENDOR
1 VENDOR I VENDOR 1
I ! _ I I I _I i I
~I~I m i I I I I I
I~ I I I I I I
1. 1 5500 IFILTER MEDIA - ANTHRACITE COALI 4.45 j 5.6382 i 6.07 I 5.737 J 5.9052 1
ICUBIC FTI I ! I I I I
I I I I I I I I
i I I I I I f I
I I SIEVE ANAYSIS ENCLOSED I YES I YES j YES j YES YES I
I I I I I 1 I I
I I TOTAL I $36,075.05 I $31,010.00 I $33,385.00 I $31,553.50 1 =32,478.60 1
BID / 1451 I I I I I i
I I I I I i
BIG NAME FILTER MEDIA ANTHRACITE COAL I BOS SAND 1 LEOPOLD I I {
I CO. I I I I I
OPEN DATE JANAURY 7, 1993 I I I I I {
1QUANTITYJ DESCRIPTION I VENDOR 1 VENDOR I VENDOR Y 1 VENDOR 1 VENDOR I
_I I I I ~I I I I
I I I I I I I I
1. 1 5500 IFILTER MEDIA - ANTHRACITE COALI 6.22 I 5.09 I I I {
I I I
ICUBIC FTI I I I I I I
I I I I I I I I
I I STEVE ANAY9I9 ENCLOSED I YES I YES 1 I I
I I I I
I I I I I I I I
I I I I I I I I
I I TOTAL 1 $34,210.00 I =27,995.00 I I
I I I I I f I I
I I I I I I I I
AgOds No. _-23, Z6,)2
IODATE: January-19, 19S.9
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1453 - SIGNMAKING EQUIPMENT
RECOMMENDATION: We recommend this bid be awarded to the only bidder, Texas
Screen Process Supply, in the total amount of $20,080.50.
SUMMARY: This bid is for a computer and software package for lettering and
signmaking to be utilized by the Traffic Department. The estimated budget for this
equipment was $22,000.00.
One response was received from three bid packages mailed.
BACKGROUND: Tabulation sheet, Memorandum from Jerry Clark.
FISCAL IMPACT: Budgeted funds from 1993 account number NI00-020-0012-8508 with
a current balance of $22,436.54.
Respee lly submitted:
l L
Lloy V. Harrell
City Manager
Prepared by:
Name: Denise Herpool
Title: Senior Buyer
Approved:
Name: Torn Shaw, C.P.M.
Title: Purchasing Agent
~gan4~. 7)6
f
i
__9_ aD3
Agenda No
!e ./9 L _
BID t 1453
BID NAME Signmaking Equipment I TEXAS SCREEN ADC I FE6//ADRUNNER
PROCESS I TRAFFIC
OPEN DATE January 5, 1993 I SU?PLY I SUPPLY I
DESCRIPTION JJ VENDOR VENDOR I VeWaOR
_ 1_ I I I
I k I
System Price Items 1-4 $16,780.50 I NO BID I NO BID
System Price Items 1-5 $16,780.50 I NO BID I NO BID
- -------I------------------------------------------------
ii I I I 1
System Price Il:ems 1-6 $20,080.50 I NO BID I NO BID
I
System Price Items 1-7 I $20,080.50 I NO BID I NO BID
I I I
I I I I
DELIVERYl I 60 DAYS I I
I I 1 I
I I I I
J;, r
AoendaNa
ApenCaibem _Ll~ 9,9
-5
CITY of DENTON, TExAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
1 DATE: January 1993
TO. Tom Shaw, Purchasing Agent
FROM: Jerry Clark, City Engineer
SUBJECT: Bid 1453
We have reviewed the bids received on the sign making machine. The
low and only bidder was Texas Screen Sl:pply. This company is a
reputable firm with a great deal of exparience with this type of
equipment,
We recommend the bid be awarded to Texts Screen Supply for the
total of $200080.50 including Items 1-7. our previous
correspondence with various possible bidders placed the estimated
cost for these items at $22,000. Therefore, we feel the bid will
provide a sign making machine to the City of Denton at an excellent
price.
Jerr~► ar
AEE00lDS"
8171566.8200 D/FW METRO 434.2528
t I
l~r
+
till:
C
ITY
Will C JU NCIL
# 1:.
.r
iz}
t
1
i
0
It 4
h A
D 6 0 1.
s
0
n,
r O N tit C~~v
OpUQ • ~ OtA
17 1
Im-nH-1 .-M-111 ml.
IT.
AC04 No
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
1
WHEREAS, the City has solicited, received arid tabulated con-
e petitive bids for the construction of public works or improvements
in accordance with the p:-)cedures of state law and City ordinances;
and
WHEREAS, the City Manager or a designated employee has receiv-
ed and recommended that the herein described bids are the lowest
responsible bids for the construction of the public works or im-
provements described in the bid invitation, bid proposal3 and plans
and specifications therein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following competitive bids for the con-
utruction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" or plans and specifications on file
in the Office of the City's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BID NUMBE CONTRACTOR AMOUNT
1456 PADDOCK SOUTINEST INC. $521,946.00
SECTION II. That the acceptance and approval of the above
competitive bids shall not constitute a contract between the City
and the person submitting the bid for construction of such public
works or improvements herein accepted and approved, until such
person shall comply with all requirements specified in the Notice
to Bidders including the timely execution of a written contract and
furnishing of performance and payment bonds, after notification of
the award of the bid.
SECTION III. That the City Manager is hereby authorized to
execute all necessary written contracts for the performance of the
construction of the public works or improvements in accordance with
the bids accepted and approved herein, provided that such contracts
are made in accordance with the Notice to Bidders and Bid Propos-
als, and documents relating thereto spec. `ying the terms, condi-
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein.
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
execsted pursuant thereto.
SECTION V. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the ` day of _ 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WAT,TERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
~endaNO. ~ f~
Agerldalient_. 15, '°r jd
DATE:_JANUABY 1g. 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 0 1456 - POOI. RENOVATIONS
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder,
Paddock Southwest Inc. In the amounts of:
Base Bid $339,200.00
Alternate 1 $1580156.00
Alternate 2 $ 4,906.00
Alternate 3 $ 4,359.00
Alternate 6 $ 31325.00
Alterrate 7 $ 12,000.00
TOTAL BID AWARD $521,946.00
SUMMARY: This bid is for the materiP.ls, labor and associated cost for the renovation
of the Municipal Swimming Pool.
The base bid includes the complete construction of the new zero depth pool,
demolition and installation of the recirculating gutter system, perimeter concrete
deck, new main pool drain and piping, fencing, plumbing rough-in for
bathhouse/office and a new electrical grounding system.
Alternate 1 is for the construction of the new Bathhouse, Office and associated flat
work.
Alternate 2 is for the construction of a Vacuum Sand Filtration System.
Alternate 3 is for the installation of underwater Swimming Pool Lights.
Alternate 6 is for the construction of a new wood trellis on the south fence line.
Alternate 7 is for the Installation of new site utilities (Water Lines, sewer lines,
underground electric service , etc.)
Alternate 4 for new concrete deck and Alternate 5 for ornamental iron fence are
being deleted and not awarded at this time.
BACKGROUND: Tabulation sheet.
Agenda Flo. ~ 3~-
Apenda
CITY COUNCIL REPORT Ills-
JANUARY 19, 1993
PAGE 2OF2
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Park and Recreation
D
epartment and Citizens of Denton.
FISCAL IMPACT: Funds for this renovation
project Bond funda and Certificate of Obligation SalesilI come from Park Rnd
I
I
Respec Ily submitted:
Lloyd V. Harrell
City Manager
Approved:
Name: Tom Shaw,-C.-P.M.
Title: Purchasing Agent
agenda. J)7
r
BID / 1456 I I I ! I I 1
I I j I ! I
BID NAME POOL RENOVATIONS IWAYNE ALLEN I JONES 6 I GBM ITOM S. STEPHENSI RFD CO. I R.C. SMALL I
(CONSTRUCTION( JEFFREY ICONSTRUCTIONI INC. I I ASSOC. 1
OPEN DATE JA14UARY 12, 1993 I I ! I I I I
j I I I_ I I _I
fInTY1 DESCRIPTION j VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR 1
_1 _I I I I 1_ I I----1
I I I I 1 I I I I
I IBASE BID 1$339,200.C3 1$332,287.00 1$399,415.00 I $378,000.00 1$378,148.00 1$380,000.00 1
1 1 1 1 1 I 1 1
I (ALTERNATE BID ITEM NO.1 1$158,756.00 1$172,630.00 1$204,608.00 I $212,000.00 1$167,391.00 1$180,000.00 1
r~ I I ! I I I
I (ALTERNATE BID ITEM NO.2 1 $4,906.00 I $5,541.00 ! $3,960.00 1 $6,500.00 ; $8,040.00 1 $5,000.00 1
I I I I I E
I (ALTERNATE BID ITEM NO.3 I $4,359.00 I $3,400.00 I $3,190.00 I $3,400.00 1 $3,723.00 1 $4,000.00 1
I I I 1 1 I i
} {ALTERNATE BID ITEM NO.4 1 $11,686.00 I $11,205.00 1 $14,715.00 I $8,250.00 I $12,665.00 I $20,000.00 I
I I 1 I 1 I I I k
1 (ALTERNATE BID ITEM NO.5 1 $792.00 I $1,285.00 1 $1,140.00 I $1,250.00 1 $949.00 1 $1,200.00 1
1 (ALTERNATE BID ITEM NO.6 I $3,325.00 I $8,015.00 I $7,762.00 I $6,000.00 I $7,132.00 I $8,000.00 1
i ! I I I I I I
I (ALTERNATE BID ITEM NO.7 j $12,000.00 I $13,125.00 I $12,295.00 j $13,300.00 1 $14,716.00 1 $17,000.00
I k
I ISONDS 1 YES ; YES I YES I YES I YES ! YES 1
f I I I I I I
} {ADDENDA I YES I YES I YES I YES I YES I YES I
I I I I 1 1 I I I
IBASE SID + ALT.1,2,3,6,7 1$521,946.00 1$534,998.00 1$631,230.00 1 $645,200.00 1$564,,34.00 1$6280200.00 1
Z
i
I
1
~gan0a Na.
Agea~ *L--I~ _
CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McMAINEY / DENTON, TEXAS 76201
M E M O R A N D U M
i
DATE: January 13, 1993
E
TO: Tom Shaw
Purchasing
FROM: Rich Dlugas, Director
Parks and Recreation Department
SUBJECT: Civic Center Pool Project - Apparent low bid
This is to notify you that after evaluating the six bids on the
Civic Center Swimming Pool renovations, Bid 114560 Paddock
Southwest Inc. is the apparent low bidder. It is our intent to
enter into a contract with Paddock Southwest Inc. on January 19,
1993 including the following items:
Base bid: $3390200
Alternate 11: Bathhouse, office and
Associated Flatwork $1580156
Alternate 02: Vacuum Sand Filtration System $ 41906
Alternate 03: Underwater Swimming Pool Lights $ 4,359
Alternate 16: Replace Trellis $ 31325
Alternate 07: Site Utilities S 12.000
TOTAL $521,946
Please contact my office if you have any questions regarding this,
information.
JJ , 10
{ lJ
'ZkC' l
71
R
ich Dlugas
77
~z
AJJ0062A
8171566.6200 D/FW METRO 434-2529
Agenda No ei~J
Agendaltem ,ie.5 09e
_C9.9.3
D lycr
CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: January 14, 1993
T0: Rich Dlugas, Director
Parks and Recreation Department
FROM: Janet Simpson
Park Planning Coordinator
SUBJECT: Civic Center Pool Renovation Bid
On January 12, 1993 bids were opened on the Civic Center Pool renovation project.
Six bids were submitted with Paddock Southwest Inc. from Arlington, Texas being
selected as the prime contractor for the project. Wayne Allen {Wayne Allen
Construction) is one of the subcontractors on the project and will also serve as
the on-site supervisor for the building construction, site utilities and
flatwork.
Paddock Southwest Inc. was determined to be the low bidder after evaluating and
selecting the essential alternates to the project. The scope of the project will
include:
BASE BID: The complete construction of the new zero depth pool,
demolition and installation of the recirculating gutter system,
high rate sand filter, perimeter concrete deck, new main pool
drain and piping, fencing, plumbing rough-in for
bathhouse/office, and a new electrical grounding system,
ALTERNATE A1: The construction of the bathhouse, office and associated
flatwork.
ALTERNATE N2: Installation of a vacuum sand filtration system.
ALTERNATE I3: Installation of the underwater swimming pool lights,
ALTERNATE A6: Removal of the existing wood trellis along the south fence line
and installing new wood material.
ALTERNATE N7: Installation of new site utilities.
8 1 7/5 6 68200 D/FW METRO 434.2529
agenda No Ageedalln.- '_5
Page 2
1
I
The following details the total project estimate for the Civic Center Pool
Renovation Project.
Base bid including alternates $521,946
Architect Fees
Parking Lot 35,00
Miscellaneous Expenses 35,0000
TOTAL PROJECT COST $609,000 not ofethis contract. The two alternatesinotsincludedain thisecontractsare 1 part
for additional concrete decking under the trellis, and $792 for the instaliatboo
of an ornamental iron fence between the pool entrance and the zero depth pool.
It is the intention of the Parks and Recreation Department to be able to complete
the project including these twc alternates through savings realized during the
construction phase, and/or if necessary allowing the Parks Division crew to
assume a portion of the construction.
A copy of the bid tabulation sheet from the bid opening is attached for your ,
information.
Jan ;Simpson
,
T-
+µa
Y=
CITY
;S
COUNCIL
k2.
* ~tI
t
i
i
i
MM
~ryQQ //bb,, a:
L y Q
dGO 1
a0
QO O
MIT:
~~0006C
IT.
C:\VPD0C6\ADD1AMBU.0RD
ORDINANCE NO. v
AN ORDINANCE AMENDING ORDINANCE NO. 92-072 RELATING TO THr AWARD OF
BID Number 1352 FOR THE PURCHASE OF ONE TYPE I AMBULANCE TO PROVIDE
FOR THE PURCHASE OF AN ADDITIONAL AMBULANCE; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City on May 5, 1992 authorized the purchase of a
Type I Ambulance from Southern Ambulance per Ordinance No. 92-072;
and
WHEREAS, the city desires co purchase an additional Type I
Ambulance pursuant to the terms of Bid Number 1352 and Southern
Ambulance is agreeable to selling an ambulance; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
SECTION I. That Ordinance No. 92-072 is hereby amended to
provide for the purchase of two (2) Type I Ambulances pursuant to
the terms of Bid Number 1352.
SECTION II. That Bid Number 1352 herein accepted includes Bid
Item 3, 5 - 14 and the additional compensation payable tc Southern
Ambulance under this ordinance amendment is $93,170.00.
SECTION III. That the funds for this amendment are to be
expended from the City's Certificate of obligation funds approved
by the City Council in the 1992-93 Budget.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY, MAYOR
ATTEST: '
JENNIFER WALTERS* CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
en q -
~ deNo_ 3 C___ 03
Agenda I1m ,61 9C
TE: JANUARY 19, 1993
CITY COUNCIL REPORT ~j(6
/
TO:
Mayor and Members of the City Counci;
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID #1352 - TYPE I AMBULANCE
RECOMMENDATION: We recommend this bid beawarded to the lowest bidder meeting
specifications gouthern Ambulance for item 3 (combination of items 1 & 2) in the
amount of $88,805.00 and for item 5-14 to Southern Ambulance in the amount of
$4,365. 00. Total bid award is $9,170.00 Bid item k4 will be purchased at a later
date.
I~ SUMMARY: This bid is for the purchase of a Type I Ambulance and miscellaneous
equipment. We purchased one unit in April of 1992. We are now recommending the
purchase of a second unit from the same bid with all prices, terms and conditions
remaining the same. The action will provide the City of Denton, with two similar units
from the same manufacturer.
The equipment listed as item 5-14 are required prior to placing the unit into service.
i
This unit is replacing a 1987 model ambulance that was purchased with a
reconditioned modular body in 1987.
BACKGROUND: Tabulation sheet, memorandum from James R. Thompson, Deputy
C Fire Chief. '
PROGRAMS, DEPARTMENTSORGROUPS AFFECTED: Motorpooland Fire Department
Emergency- Medical Services.
FISCAL IMPACT: This purchase was approved during the budget process and will
be funded from Certificate of Obligation funds.
Respectfully submitted:
to •d V, Harrel[
City Manager
Approved:
Name Tom Shaw, C.P.M.
Title: Purchasing Agent
agenda.331
I
term No.
Agenda*A_Z.5 6 _
3~~ a
MEMORANDUM
i
To: Tom Shaw, Purchasing Agt,nt
From: Tames R. Thomason, Deputy Fire Chief
Date: January 4, 1993
1
Re: LEASE PURCHASE OF TYPE I AMBULANCE
1
I
The Fire Department wishes to exercise our option to purchase an
additional Type I A.nbulance from Southern Ambulance as per th=ir
bid received 21 April, 1992.
There will be no changes in the ambulance specifications or
purchase price.
JRT/ 11:
1
PACE I
BIU 1 1352 ! I I I !
I I 1 I I
~ BID;.AME TYPE I AMBULANCE ! MILE HI I PRO-MED I SOUTHERN I FIRST ~ EMERGENCY ONE
FIRE EQUIP AMBULANCE RESPONSE
~ APRIL 21, 1992 ! I ~ I I 1
tit 1 ! _ I I I_ I
C $ 1 ITEM DESCRIPTION I VENDOR VENDOR VENDOR I VENDOR I VENDOR 1
I I I I ! ! !
1.1 (1) TRUCK CAB/CHA59IS 1 $31,552.00 1 $36,150.00 ! $34,066.00 1 *$31,600.00 1 6$31,571.00 1
2.1 (1) AMBULANCE BODY 1 $60,145.00 1 $58,043.00 ! $54,739.00 1 $68,195.00 1 $66,994.00 1
! X3.1 (1) TYPE I AMBULANCE 1 $91,697.00 1 $94,193.00 I $SB,BO5.00 1 $99,795.00 1 $98,565.00 1
1 COMPLETE TRUCK MAKE 1 INT'L 4700 LP 1 INT'L 4700 LP 1 INT'L 4700 LP 1 !NT'L 4700 LP ! INT'L 4700 LP 1
1 BODY MFG 1 STRATUS 1 CAYLE-CRAFT 1 SOUTHERN 500 1 RESPONDER MD IFRONTLINE 170SW1
I 4.1 (1) GENERATOR 1 $3,300.00 1 $4,472.00 1 $6,500.00 I $7,500.00 I $3,942.00 1
5.( (4) ALUM.OXYGEN CYLINDERI $75.00 1 $70.00 1 $99.00 1 $80.00 I $69.00 1
6.1 (1) FERNO COT 1 N/B 1 $1,600.00 ! $1,150.00 1 $1,891.00 I $1,729.00 1
7.1 (1) FERNO STAIR CHAIR 1 NIB 1 $485.00 1 $519.00 1 $519.00 I $499.00 1
8.1 (1) FERNO FOLDING 1 NIB $155.00 1 $150.00 $169.00 1 $159.00 1
1 STRETCHER 1 I !
9.1 (2) SPHYGMOMANOMETERS 1 NIB 1 $55.00 1 $125.00 1 $150.00 1 $127.00 1
101 (2) OXYGEN DEL. DEVICES 1 Nla 1 $165.00 1 $195.00 1 $275.00 I $199.00 1
111 (2) FIRE EXTINGUISHERS I NIB 1 $125.00 1 $80.00 1 $100.00 1 $100.00 1
1 1G$ I I I ! ! I
121 (3) NO SMOKING SIGNS { NO CHARGE { STANDARD 1 NO CHARGE 1 $5.00 1 STANDARD 1
131 (2) WHEEL&RIM FOR TRUCK 1 $200.00 1 $350.00 1 $150.00 1 $85.00 1 $169.00 1
141 (1) CELLULAR TELEPHONE 1 NIB 1 $700.00 1 $450.00 1 $675.00 1 $410.00 1
1 1 I I I *NOT TO SPEC 1 *NCt TO SPEC 1
1 ► I I I f 1
1 DELIVERY 1120 DAYS A.R.0.190 DAYS A.R.O. 160-90DAYS A.R.0190-120DAYSA.R.01180 DAYS A.R.O.1
I I I I I 1 I
4 I I I I I I
i
1
I
PACE 2
! BID 1 1352 I I I k
I I I I I
efZF NAME TYPE I AMBULANCE I COLLINS I CHC I FRA2[ER INC I SOUTHERN I SOUTHWEST 1
y AMBULANCE PLAINS INTL
'll PE APRIL 21, 1992 I } I I I
ITEM DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR 1 VENDOR j
' I_ I_ k _ i I` E i
~ I I I k 1 S I
.1 (1) TRUCK CAB/CHASSIS 1 :35,060.00 1 $42,242.00 I NIB I NIB I NIB j
.1 (I) AMBULANCE BODY 1 $73,020.00 1 $53,950.00 1 $90,000.00 1 NIB ! NIB 1
~.1 (1) TYPE I AMBULANCE 1 $108,060.00 1 $96,192.00 I NIB I NIB I $97,622.00 1
I I COMPLETR TRUCK MAKE I INT'L 4700 LV I INT'L 4700 LP I I I INT'L 4700 LP I
BODY MFG I COLLINS (BRAUN COMMAND I 1 1 MEDTEC 1
4.1 (1) GENERATOR 1 $9,000.00 I $5,500.00 I NIB 1 $3,460.00 I $3,400.00 1
5.1 (4) ALL'M.OXYGEN CYLINDER( $60.00 1 $84.00 1 NIB 1 N/B 1 $85.00 I
6.1 (1) FERNO COT 1 $10610.00 I $1,812.00 1 NIB 1 NIB j $1,650.00
7.1 (1) FERNO STAIR CHAIR 1 $455.00 1 $519.00 j NIB 1 NIB 1 $440.00
8.1 (1) FERNO FOLDING 1 $150.00 1 $169.00 1 NIB 1 NIB 1 $170.00 j
M I STRETCHER 1 1 I I I j
9.1 (2) SPHYGMOMANOMETERS 1 $150.00 1 $90.00 1 NIB 1 NIB ) $130.00 I
I 101 (2) OXYGEN DEL. DEVICES 1 $184.00 1 $246.00 I NIB j NIB I $225.00 i
111 (2) FIRE EXTINGUISHERS 1 $125.00 1 $80.00 1 $60.00 1 NIB 1 NIB I
I 101 1 I I I I I
121 (3) NO SMOKING SIGNS 1 NO CHARGE 1 $3.00 # $4.00 ( NIB 1 $7.00 I
131 (2) KNEEL&RIM FOR TRUCK I $50.00 { $370.00 1 NIB 1 NIB 1 $131.00 I
141 (1) CELLULAR TELEPHONE 1 *1,OOO.00 j NIB 1 NIB 1 NIB 1 $800.00 1
I i ) I } I I
I DELIVERY 190-120DAYSA.R.01120 DAYS A.R.O.I150 DAYS A.R.0.1 7 DAYS 190-120DAYSA.R.01
I I I I I I I
J1
1
1
I
PACE
BID ON 1352 1 I I I I
I I I I I I
C1 ID NAME TYPE I AMBULANCE I MARANAY I TAYLOR I I I
INTL MADE
PEN APRIL 21, 1992 I I I I } )
V ~ I I _I _ I__ I` I
1 ITEM DESCRIPTION I VENDOR 1 VENDOR 1 VENDOR 1 VENDOR 1 VENDOR 1
~ I 1__ I_ I I I I
~ ! i I I I I I
1 (1) TRUCK CAB/CHASSIS 1 $34,263.00 1 0$31,869.00 I I I I
1 (1) AMBULANCE BODY I NIS 1 $59,566.00 I I I
.1 (1) TYPE I AMBULANCE I NIB 1 $91,435.00 1 1 1 I
COMPLETE TRUCK MAKE } INT'L 4700 LP 1 INT'L 4700 LP I I I I
1 BODY MFG I I BRIDGES J 1 1 }
4.1 (1) GENERATOR 1 NIB (INCLUDED ABOVE I I 1 I
5.1 (4) ALUM.OXYGEN CYLINDERI NIB } $75.99 1 I I I
6.1 (1) FERNO COT 1 NIB 1 $1,550.00 1 1 I I
7.1 (1) FERNO STAIR CHAIR I NIB 1 $519.00 I 1 I I
8.1 (1) FERNO FOLDING 1 N/B ( $169.00
I I I I
1 STRETCHER I I I I I I
9.1 (2) SPHYGMOMANOMETERS 1 NIB 1 $99.95 1 1 I I
101 12) OXYGEN DEL. DEVICES 1 N/B 1 $235.65 I I I I
111 (2) FIRE EXTINGUISHERS 1 NIB 1 $69.00 I I I I
1 101 I I I I I I
121 (3) NO SMOKING SIGNS 1 NIB I N/C I I I I
131 (2) WHEEL&RIM FOR TRUCK I NIB 1 $300.00 I I I I
141 (1) CELLULAR TELEPHONE 1 NIB 1 $1,200.00 I I I I
I I I I I I I
*NOT TO SPEC
I I I I I I I
I DELIVERY 160-90DAYS A.R.0190 DAYS A.R.O. 1 I I
I I I I I I I ,
1
I
1r
I
CITY
- COUNCIL
x~
~t
-t:
IMMIL
l
o r a l
~ s
4
Mm:
OG~~~ooJ
TTM,
T TIT:
RUH,
1
Aabr& No. -a- ~00_3
RIt,~_..
ooro ,~=2L
(Rrtr i cry
ORDINANCE NO. e
AN OR DI NANC& ACCEI'TING A COMPETITIVE SEAI,1?ll PROPOSAL AND AWARDING
A CGNTRACT FOR 'rill: PURCHASE: OF MATERIALS, E(IUiPMENT, SUI'I'LIIdS Olt
SERVICES; PROVIDING Volt THE EXPENDITURE OF FUNDS TIIEREFORF; AND
l'ROVII)ING FOR AN EFFE'C'TIVE DATE.
WHEREAS, the City has solicited, recoived and tabulated competitive scaled
proposals for the purchase of necessary materials, equipment, supplies or services
k in accordance wilh the procedures of state law and City ordinances; arid
WHER1iAS, the City Manager or a designated employee has reviewed and
recornmended that the herein described proposals are the best responsible proposals
for the materials, equipment, supplies or services as shown in the "Proposals"
submitted therefore; and
WHEREAS, the City Council has provi,ied in the City Budget for the
appropriatiun of funds to be used for the purchase of the materials, equipment,
Supplies or services approved and acr.pted herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HI:REI)Y ORDAINS:
SI:(TlON 1. That the numbered items in the following numbered proposals
for materials, equipment, supplies, ur services, shown in the "Proposals" on file in
the Office of the City's Purchasing Agent filed according to the number assigned
thereto, are hereby accepted and approved as being the lowest responsible proposals
for tiech items:
RFP ITEM
NUMBER NO VENDOR AMOUNT
1450 ALI, AMERICAN INNOVATIONS S 23, ioo.co
f SE;C'TION 11. That by the acceptance and approval of the above numbered
items uC the submitted proposals, tho City accepts the offer of the persons
Submitting the proposals for such items and agrees to purchase the materials,
equipment, supplies or services in accordance with the terms, specifications,
slandardS, quantities and for the specified sums contained in the Invitations,
Proposals, arid related ducumerrts.
Este
SISCTION 111. That should the City and persons submitting approved and
;rccchtud items and of the submitted proposals wish to enter into a formal written
agreement as a result of the acceptance, approval, and awarding; of the proposal,
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, specifications, standards,
quantities and specified sums contained in the Proposal and related documents herein
approved and accepted.
SECTION IV. That by the acceptance and approval of the above numbered
items of the submitted proposals, the City Council hereby authorizes the expeaditure
of funds therefor In the amount and in accordance with the approved proposal or
pursuant to a written contract made pursuant thereto as autLorized herein.
SECTION V. That this ordinance shall become effective immediately upon its
passage and approval.
PASSED AND APPROVED this day of , 1993.
BOB CASTLEBERRY, MAYOR
Arr i-,s,r :
JENNIFER WALTERS, CITY SECRETARY
11Y:
APPROVED AS TO LEGAL FORM:
DEBRA A. DIIAYOVITCII, CITY ATTORNEY
13Y: '
AgindsNo
Aga42110L-Z1 or
I) TE: JANUARY 19, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
it SUBJECT: RFP # 1450 - ELECTRIC METERING PILOT SYSTEM
RECOMMENDATION: We recommend this purchase be awarded to American
Innovations in the total amount of $23,700.00.
SUMMARY: This proposal is for an automated electric meter reading system. This
pilot program will be beneficial in gathering data necessary to structure electrical
rates and utility customer classes.
Five proposals were received in response to sixteen packages mailed.
BACKGROUND: Memorandum Ray Well date January 6, 1993.
FISCAL IMPACT: Funds for this project will come from budgeted account for 1993
#610-080-0253-9224 with a balance of $62,962.60.
Respect ily submitted:
~Llo d Hell
City Manager
Prepared by:
Natn-
e:: Denisee Harpool
Title: Senior Buyer '
Approved:
Name: Tom Shaw, C.P.M.
Title: Pur,~hasing Agent
agenda. 124
Age~CaNo 93 •oa3
A~eflda ftem %~.S ~7> -
CITY OfDENTONMUNICIPAL UT/LITIES/901-A Texas Street/ Denton, Tx 76201
N1EA10RANDUAt
r
TO: Tom Shaw, Purchasing Agent
(I~FROM: Ray D. Wells, Superintendent of Electric
S• t Metering, Communications/Electronics, and Substations
i
DATE: January 6, 1993
SUBJECT: EVALUATION AND RECOMMENDATION OF REQUEST FOR PROPOSAL
(RFP #,1450)
This pilot project is intended to gain practical operating experience with automated electric rreter reading and the
gathering of data necessary to structure rates and customer classes. We intend to utilize such options as remote
discortnect/reronnect of electric meters, real-time power outage reporting, time of use, etc., although not all these
options were specified.
On December 29, 1992, at 2:00 P.M., R.F.P.'s for the automated electric meter reading system were opened. We
had five (5) vendors replying to our request As follows:
1.) American InnovatiQ of Austin, Texas, in the amount cr $20,800. We would furnish the
necessary electric meters to be retro-fitted at our cost of approximately $2,900 additional; which
would result in an overall cost of $23,700.
I
2.) Schulumber¢er Industries of Norcross, Georgia, in the amount of 558,310. This system would
have the capability of Interfacing with some of the water meters we use, providing automated
reads for these as well; however, in our specifications we did not request this option.
34 ABB (Asea Brown Boveri ) through WESCO in Fort Worth, Texas, in the amount of $67,763.
This system also offered options not requested.
4.) Tcchline. Inc, of Austin, Texas • NO BID. I,
s I
5.) M of Calgary, Canada • No BID. I
While the proposals submitted by both ABB And Schulumberger were very interesting and offered some programs
which could be utilized with future automation in the distribution system, we feel American Innovations to be the
lowest bid meeting the specifications as issued and therefore recommend arceptance of their proposal
RDW;pkl
01063003.WP
1
1
r
~C I r
.C Y t
COUNCIL
#t
I
1 ~t
I~
~i
XTUMM,
MT-TI
I
0 1)
0
0
I T, I. T
e
p ti
r°" St+p~J
c GG00~~
T2. M
T: T
-XIM pm:
f
ALL004ID
ie.a # _9
Ap4a
nQro. L`L X5.3.
V
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
CANADA. LIFE ASSURANCE COMPANY RELATING TO FULLY INSURED LONG TERM
DISABILITY INSURANCE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEP.EAS, the City has solicited, received and tabulated com-
petitive bids for the purchase of fully insured long term disabil-
ity insurance in accordance with the procedures of state law; and
WHEREAS, the city manager and his designee have received and
recommended that the bid described below is the lowest responsible
bid for the purchase of such insurance as described in the request
for Bid No. 1422 and Bid Submission Form; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the in-
urance policies and coverages approved and accepted herein; NOW,
s
THFREFOREO
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAIN:.:
''T .J. That the bid of Canada Life Assurance Company re-
lating to fully insured long term disability insurance is hereby
accepted and approved as being the lowest responsible bid.
SECTION II. That the Mayor is authorized to execute the agre-
ement between the City of Denton, Texas and Canada Life Assurance
Company, which is attached hereto and made a part hereof.
SECTION III. That the City Council hereby authorizes the ex-
pendituro of funds in the manner and amount as specified in the ag-
reement.
SECTION IV. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the clay of ,
1993.
BOB CASTLEBERRY, MAYOR
Agenda No _ Q3 DO
Agenda I
[eta -__L. _~9=~
ATTEST: !
JENNIFER WALTERS, CITY SECRETARY
By:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
By:
1
I
I
f
i
I
I
I
PAGE 2
I
1
r
f
AgenesNo 93 -DD
Aasadalter 5 # 12
'D&Tt : JANUARY 19, 1993
J,
7
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
r
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID 1 1422 - LONG TERM DISABILITY INSURANCE
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder Canada
Life Assurance Company in the approximate amount of $6,680.00 per month or
$80,160.00 per year over the three year contract commitment.
SUMMARY: This bid is for the long term disability insurance program to cover all
regular full time employees r.f the City of Denton.
BACKGROUND: Memorandum prepared by Tom Klinck, Director Human Resources
and Tabulation sheet.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Human Resources Department
and Employees of the City of Denton.
FISCAL IMPACT: Budget funds.
Respect ly Submitted:
to d V. Hfirrell.
City Manager
Approved:
r
_r
Name: Tom Shaw, C.P.M.
Title: Purchasing Agent
agxnQ~, 732
{
Ao"de No
Agenda Its(r!_._ X?,5 y~ f
DATE; 1.1;,93
CITY_COUNCIL.R.EPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrel', City Manager
SUBJECT: Award of Long-Term Disability Contract to Canada Life Assurance
Company to provide Coverage for City Employees
I
RECOMHENOATIOH.:_
f It is staff's recommendation that the City Council approve a contract with
Canada Life Assurance Company (Canada Lifo) to provide long-term disability
insurance coverage for City employees. This recommendation is based upon
the results of staff's analysis of the bids submitted by nine r,9) insurance
companies, using the following five (5) criteria:
1. Inr.p-ance premium rates per $100 of pa;roll,
2. Oveia)l cost and/or savings for the period of the guaranteed rate,
3. A.M. Best, and Standard and Poor's f.:ing of company,
d. Contract provisions, and compliance w th bid specifications, and
5. Trree favorable references.
Canada Life maintained favorable ratings in all fiva criteria. Its bid was
the lowest of the three low bids evaluat9d by staff. Compared with our
current costs, we show in the attached exhibit that the City could save,
approximately $37,565 over the 24 months that the Canada Life's rate is
` guaranteed.
SUMMARY
The City's long-term disability benefit is currently provided through North
American Life Assurance Company (North American Life). In September, 1992,
we rebid our long-term disability insurance to ensure that the program
remains cost effective. Staff solicited bid responses for a contract that
would provide for a 60% basic monthly earning up to a maximum of 55,M ; a
90-day waiting period; and, a minimum benefit of $50 per month. Nine (9)
insurance companies submitted bids. Of these 9 companies, Canada Life
provided the most favorable rate, and fulfilled the specifications of our
bid. `
To insure that disability benefits are not in excess of 100% of pre-
disability earnings; our long-term disability plen, under the contract with
Canada Life, will continue to coordinate benefit reductions with Social
Security and the City's retirement programs. However, benefits paid by the
Firemen's Relief and Retirement Fund (Fire Pension Fund) cannot be reduced
by Social Security benefits. In order to minimize the potential liability
to the City inherent in the requirements of the Fire Pension Fund law,
Canada Life has agreed to grandfather a clause in their current contract,
Ahich rebuires that any disability benefits a Fire Fighter is eligible to
receive will not be us,d to off-set disability benefits less than 70%. It
Is Staff's re:)mmendacioo that we continue to self-fund the monthly
i
Ag6ndaNo._
J+gerada ite17._..~ ~ c E.._.
January 19, 1993
Memo to City Council on Long-Term Disability Insurance Program
Page 2 of 3
difference between tho 70% long-tern disability reduction and the maximum
benefits payable to Fire Fighters under the Fire Pension Fund. This funding
mechanism was approved by City Council in 1989. Fortunately, we have not
had any long-term disability claims from the Fire Fighters in the past three
years.
BAMROUND:
The City has provided employees with long-term disability benefits since
iE October, 1978. In 1989, the City rebid and awarded the contract for long-
term disability coverage to North American Life, Since the program was
I placed with North American Life, we have had 16 claims, and paid
app-oximately $102,771 In benefits through December, 1992. Currently, we
have 12 open (on-going) claims.
In keeping with our commitment to Council to evaluate our contacts
periodically (every three years) to insure that our benefit programs are
cost effective, we rebid the long-term disability insurance in September.
As shown in the Exhibit, Canada Life submitted the lowest bid, Based upon
our analysis, Canada Life's rate is very ccm;.etitive, and its ability to
fulfill its claims and service obligations is rated "superior." We have
contacted the three references furnished by Canada We to discuss their
experiences with the company. We inquired of the cor.,;any's performance in
the folicwing three service areas:
o Claims adjudication and turn-around time,
o Re<ponsiveness to staff's and employees' inquires, and
o Knowledge of reporting and disclosure laws governing disability
Income berefits.
In all three iters, Canada Life was rated 'excellent." Thus, it is our
recommendation hat the contract for long-term disability insurance be
awarded to Canada Life.
PROGRAMS-_DEP&ITMENTS OR CROUP AFFECiE
The long-term disability insurance program covers all regular full-time
employees in all City departments. Currently, 735 employees are covered on
the program.
FISCAL IMPACT:
We are budgeted at $.46 per $104 of payroll for the current fiscal year
(1992/93). By awarding the contract to Canada Life, our cost will be
reduced by 13% during the eight (8) months period (February 1 to September
30, 1993) remaining in this budget year. As shown In the Exhibit. during
this period, the City could save approximately $12,522. It is estimeed
Mende No. ~~3 ~CO_3
rwe
7
61,
January 19, 1993
Memo to City Council on Lcng-term Disability Insurance Program
Page 3 of 3
that the City would save approxirately $37,545 from the Canada Life's
contract within a period of 24 months. To insure that our program properly
funds the benefit requirements of the Fire Pension Fund, staff recommends
that we earmark $15,000 from this savings to supplement the funding for
potential disability claims from Fire Fighters.
i
Gl / YGtI~
Lloy V. Harrell
City Manager
Prepared by:
4m-
as w 1 N..Di rector
Humar. Reso ces
App v
(
1
0
Betty Mc ean, xecutlve Director
Municipal Services and Economic Development
Exhibit
ccm1td92.prn r*v. 12/29/92
prop, 12123192 3:10 p.m.
1
LTDbid93.k-k1 1
TONG-TERM DISABILITY INSURANCE BID ANALYSIS EXHIBIT ,i
30-Dec-92
09:40 AM THREE (3) LOW BIDDERS ;CURRENT CONTRACT: :1992/93 BUDGET
(1) (2) (3) ; (4) :;OC02-Sep93 ;
Caned. life N.Y. Life Jeff. Pilot;No. American
INSURANCE RATE
Per $100 0.373 0.38 0.38 ; 0.46 0.46 ;
Guar, Months 24 24 24 ; 12
*INSURED MO. AMOUNT s1,790,828 $1,792,3^^ $1,732,392 :$1,792,392 $1,792,392 ;
COST ESTIMATES
Monthly $6,680 $6,811 $6,811 ; $8,245 $8,245
Oct'92 - Sep '93 NA NA NA $98,940
Feb - Sep 1993 $53,438 $54,489 $54,489 ; $65,960 $65,960 ;
CONTRACT SAVINGS
Feb - Sep 1993 $12,522 $11,471 $11,471 i $0 $12,522
Est. Guar. Savings $37,565 $22,943 $22,943 $0
RATINGS
A/M east A++
Stand.& Poor AAA AAA AAA ; AA
CONTRACT/810 PROVISIONS
No-Loss/No-Gain YES YES NO ; YES ; f
Meets 81d Spec. YES NO NO
EXCELLENT REFERENCES YES YES YES ; YE-,,
v i
~ T.~'s 15 an actual payroll figure provided in the bid document. ~
(1) Canada Life Assurance Company
(2) New York Life Insurance Company
(3) Jefferson Pilot Life Insurance Company V
(4) North American Life Assurance Company
•
~ifS
CITY
COUNCIL
r~
4 h♦ 0
O C
Ump
O
014, is
OGG
llsom 1-1
MIT:
I
011111 7:111:1
nut
litt
U'r
ALL0041D n
AWa No
Agenda f Mm .Ucz'_ ~jC
DiAe_-1__i~,
✓ "y 9 ,
ORDINANCE NO,
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AUTHORIZING THE MAYOR
TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND
NORTH AMERICAN LIFE ASSURANCE COMPANY RELATING TO FULLY INSURED
LIFE AND ACCIDENTAL DEATH AND DISMEMBERMENT INSURANCE; AUTHORIZING J
THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated
competitive bids for the purchase of fully insured life and ac-
cidental death and dismemberment insurance in accordance with the
procedures of state law; and
WHEREAS, the City Managor and his designee have received and
recommended that the bid described below is the lowest responsible
bid for the purchase of such insurance as described in the request
j for Bid No. 1423 and Bid submission Form; and
f WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the in-
surance policies and coverages approved and accepted herein; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
Company~rel et ng to That
fully insured life had American Life
accidental death Assurance
dismemberment insurance is hereby accepted and approved as bei::g
the lowest responsible bid.
SECTION II. That the Mayor is authorized to execute the agre-
ement between the City of Denton, Texas and North American Life
Assurance Company, which is attached hereto and made a part hereof.
SECTION IIi. That the city council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement.
SECTION IV. That this ordinance shall become effective
immediately upon its passage and approval. '
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR r
Ageodako
Ager&tem., e f~
ve_1~1v
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
r
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCA, CITY ATTORNEY
f~
By: C.
PAGE 2
i
Agenda No.
Age* ftn_
RATE IJ NUARY 19, 1993
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. IIarrell, City Manager
SUBJECT: BID # 1423 LIFE AND ACCIDENTAL DEATHlDISMMBERMENT
INSURANCE
i
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, North
American Lie Assurance Company in the estimated amount of $7,065.00 per month
or $84,780.00 per year for the three year contract commitment.
SUMMARY: This bid Is for a life insurance program to cover all regular full-time and
part tTm3 employees.
BACKGROUND: Memorandum prepared by Tom Klinck , Director Human Resources
end attached tabulation sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Human Resources Department
and employees o the City of Denton.
FISCAL IMPACT: Budget funds.
Respectf Hy submitted:
Lio Harrci
City Manager
F Approved:
Name: Tom Shaw, C.P.M.
'f Title: Purchasing Agent
4
r
Agenda lbnL_._1e-~ ~F
State of Texas )
County of Denton ) KNOW ALL MEN BY THESE PRESENTS:
That this agreement, made and entered this day of
_ , 1993, by and between the City of Denton, Texas, a
mun c pal corporation located in Denton County, Texas and
incorporated as a home rule city under the Constitution of the
State of Texas, hereinafter referred to as "City",
American Life Assurance Company, a corporation with offices atN2302
j Parklake Drive, Suite 4000 Atlanta, Georgia 30345, hereinafter
referred to as "Contractor."
WITNESSETH:
That the parties hereto, in consideration of the covenants and
agreements herein contained to be kept and performed by both
parties, do hereby agree, covenant and contract as follows:
I.
City hereby agrees to purchase from Contractor and Contractor
hereby agrees to sell to City fully insured life and accidental
death and dismemberment insurance in accordance with City's Scope
of specifications & instructions, Bid Submission Form, Sample
Contract and other documents constituting CityPs "Request for Bid
No. 1423"; Contractor0a Bid referred to as "This Group Insurance
Program;" and Group Policy Number NG-01-013880 which are hereby
made a part of this contract and incorporated herein for all
purposes.
II.
The parties effective February a2, 1993, ti and unless earlier insurance cancelled per become
terms of this contract, shall terminate January 31, 1995, at the
rates guaranteed in Contractor's "Basic Life Plan" dated September
240 1992, contained in Contractor's Bid.
III. ,
Should a conflict arise between the terms and provisions of
the City's "Request for Bid No. 1423" (including but not limited to
the sample contract contained therein) and Contractor's Bid
(including but not limited to Policy No. NG-01-013880 contained
therein), the terms and provisions of City's Request for Sid No.
1423 will prevail.
IV.
The Director of Human Resources or such other agent designated
by the City Manager is hereby authorized to carry out the term E. of
i
agenda No
AQAndi IIArtZ__ .'~2~
this agreement in behalf of City and Don Huguenot
be the agent authorized by Contractor to carry out the termsaof +i
this agreement in behalf of Contractor unless Contractor advises I
City in writing of a substitute agent.
EXECUTED this day of
1993, A. D.
r
City of Denton, Texas Ncvkh American Life
By____ B /
Bob 'Castleberry, May - y
e .
ATTESTr ATTEST:
By /
Jenn fer Walters, By 11i. l ' r ~t{L ✓
City Secretary r tlei S-cretarv
Approved as to Form:
DEBRA A. DRAYOVITCH, City Attorney
By
ALLOO3?9
2
W4 No
.,ATE: 1, 79193
9I1.Y.Cv_UNCIL_REPORT_FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Award of Life Insurance Contract to North American Life Assurance
_ Company to Provide Life Insurance Coverage for City Employees
RECOMMENDA1 10N;
It is staff's recommendation that the City Council approve a contract with North
American Life Assurance Company (North American Life) to provide life insurance
coverage for City employees. This recommendation is based upon the result of
staff's analysis of Did responses submitted by ten (10i insurance companies for a
group life insurance coverage that is the same as our current schedule of
benefits. The bids were analyzed using the following (5) criteria:
1. Insurance premium rates per $1,000 of covered payroll,
Overall cost and/or savings for the period of the guaranteed rate,
3. A.M. Best and Standard and Poor's rating of company
4. Contract provisions, and compliance with bid specifications, and
5. Three favorable references.
North American Life maintained favorable ratings in all five criteria. Its bid
was the lowest of the three low bids evaluated by staff. North American Life's
rate compares more favorably than the current ccntraot. We show in the attacned
exhibit that the City could save approximately $65,519 over th9 26 months that
the North American Life's rate is guaranteed.
SUMMARY:
The City currently provides group life insurance coverage thr, igh Sun Financial
Life Insurance Company (Sun Financial Life), In September, '-,o^ we rebid the
life insurance program to insure that the program was conti-,g to be cost
effective. Staff solicited bids for a "one times annual sa ary' for all
employees, and "two times annual salary" for directors and executive directors,
Ten insurance companies responded to our bid request. Of these 10 companies,
North American life offered the most favorable rate, and fulfilled the
requirements of our bid specifications. As shown in the attached exhibit, we
estimate that North American Life's contract could save the City, approximately
$20,160 in premium costs during the remaining eight (8) months of the 1992/93
budget year.
BACKGROUND:
In 1989, the City's group life insurance program was changed from Washington
National to Sun Financial Life. The initial Sun Financial Life's rate was .273
per $1,000 of coverage, Since the transition to Sun Financial Life, our plan has
January 19, 1993
I ~1 9
Memo to City Council on Life Insurance Program
gage 2 of 3
experienced fourteen (14) losses and said $389,000 in benetits. As a resjlt of
our high claim experience, our premium rate has increased by approximately 49%,
from .273 to ,407 per $1,000 of covered payroll. During this period, the City
has paid a total of $268,690 to life insurance premiums to Sun Financial Life.
In keeping with our commitment to Council to evaluate our contracts every three
years to insure that our benefit programs remain cost effective, we rebid the
life insurance contract in September. As shown in the attached exhibit, .North
American Life provided us with the lowest bid, The company is rated 'superior'
in ability to pay claims, We have contacted the three references furnished by
North American Life to discuss their assessment of the company in the following
three reliability items:
1). Claims adjudication,
2). Responsiveness to client's requests, and
3). knowledge of laws governing group life insurance plans.
In all three items, North American Life was given "excellent' ratings by their
references. On the basis of our experience with the company in providing long-
term disability coverage for the City in the past three years, our staff has
confidence in the ability of North American Life to service our group life
insurance needs, Thus, it 1s our recommendation that the contract for life
insurance coverage be awarded to North American Life.
PROG
AMIA OEpARTHENT OR GROUP AFFk EDi
The life insurance program covers all regular full-time and part-time employees,
Currently, 834 employees are covered on the program,
FISCA IM PM .L.
During the current fiscal year (1992/93) the life insurance program 1s budgeted
at ,407 per $1,900 of covered payroll, If Council approves the contract with
North American, our cost will be reduced by 35,7%, or save $65,519 during the 16
months that North American Life has guaranteed the rate quoted in the bid, As
shown in the attached exhibit, the City could save approximately $20,160 during
the eight months period (February 1, 1993 to September 30, 1993) remaining in
this budget year.
L1oY v. Harrell, C1t Manager
I
I
I
AQarMA~I4 _~9.~_11A3--
AQeeJa1eni
I>aie~.l-19- 9~
January 19, 1993 v J
Memo to City Council on Life Insurance Program
Page 3 of 3
Prepared by:
Thomas W. inck, trector
Human Resources
i
i
I Approved:
Betty McKean, xecuti\ve Director
Municipal Ser ices and Economic Development
Exhibit
ctmtf}f2 orn row. 12/29/92
prfp, 12/21/92 530 p.m.
I
l1f1b1d93.wk1
EXHIBIT
LIFE AND AD 6 D INSURANCE BID ANALYSIS
30-Dec-92
09:42 AM THREE (3) LOW BIDDERS ;CURRENT CONTRACT ;;1992/93 BUDGET
(1) (2) (3) (4) Oct92-Sep93 ;
No. American BMA Canada. Lif ;Sun Financial
INSURANCE RATE "
*Per $1000 0.300 0.36 0.37 ; 0.407 0.401 ;
Guar. Months 26 '•S 24 ; 12
**INSURED MO. AMOUNT $23,551,000 $23,551.;'00 $23,551,000 ;523,551,000 $23,551,000 ;
COST ESTIMATES "
Monthly $1,065 $8,478 $8,714 $9,585 $9,585
Oct'92 - Sep'93 NA NA NA ; $115,023 $115,023 ;
Feb - Seo 1993 $56,522 $67,827 $69,711 $76,682 $76,682
CONTRACT SAVINGS "
Feb - Sep 1993 $20,160 $8,855 $6,971 ; $0 $20,160 ;
Est. Guar. Savings $65,519 $39,848 $20,913 $0
RATINGS A/M Best A+ A+ AA+ AA+ ;
Stand. Poor AA AA AAA ; AAA
CONTRACT/BID PROVISIONS
No-Loss/No-Gain YES YES YES YES ;
Meets Bid Spec. YES YES YES+ YES+
„
EIfCEIIENf REFERENCES Yes Yes Yes --Yes
s Rates are for Life, Accidental Death and Dismemberment coverage
st Based upon actual dollar value of covered payroll as of September 4, 1992
(1) North American Life Assurance Company
(2) Business Men's Assurance Company
(3) Canada Life Assurance Company " ,
(4) Sun Financial Life Insurance Company
CITY
_ COUNCIL
~O~ DD
a
0 O
ZZ:
Tq:
ill
J
CITY COUNCfL_REPORT FORMAT rymdatJG `g -
aWdalt m_e
'IO: Mayor and Members of the City Council ~e~~Q
FROM: Lloyd V. Harrell, City Manager
DATE: January 6, 1993
SUBJECT; ORDINANCE AMENDING, CHAPTFR 6 OF THE CODE OF ORDINANCE TO CHANCE PRESENT
PROVISIONS FROM ACTS OF OMISSION TO ACTS OF CO?PASSION.
RECO.LNENDATION: Staff recommends adoption of the ordinance.
SLQ-9tARY: The current animal control ordinance provides penalties for failure to perform
certain acts, such as failure to restrain an animal. In August, 1992, a Texas appellate
court ruled that it is unconstitutional for a city to enforce an ordinance which makes the
I failure to perform an act a violation.
I BACKGROUND: In Bfdelspach v. State of Texas the court ruled that a City of Irving
ordinance was unconstitutional because it mad- "failure to act", rather than the
"commission of an act", a crime. The court made note that the Texas Penal Code pio.tdes
that only a "statute" can make the failure to perform an act a criminal offense, and
a municipal ordinance is not a statute. The court ruled that the Texas Constitution
prohibits cities from passing ordinances which are inconsistent with state laws and
that therefore ordinances that make "failure to commit an act" a criminal offense are
unconstitutional and unenforceable.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Departments which may be affected include
Environmental Health/Animal Control, Legal Department, Court Clerks Office, and the
general public.
FISCAL IMPACT: The Court Clerk's Office has projected $6,000 revenue for Animal Control
citations for Fiscal Year 1992-93. Without approval of this amendment, at least one-half
of this amount will not be recognized, as Animal Control will be unable to issue
citations for "failure to restrain" an animal.
RESPECTFULLY SUBMITTED:
loy Harrell
City Manager
Prepared by;
,
Nonte Maio-Kull
Environmental Health ervices Mannjer
f Approved b l J
Betty tcKeIn, L e t ve Director
Municipal Servicesl conomic Development
71LL003C9 Agenda Na _
Agenddlttm_
ORDINANCE 110.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SEC. G-4 OF THE
CODE OF ORDINANCES TO PROVIDE FOR ISSUANCE OF A CITATION BY ANIMAL
CONTROL OFFICERS; AMENDING SEC. 6-9 OF THE CODE OF ORDINANCES TO
PROVIDE FOR AN OFFENSE OF PERMITTING AN ANIMAL TO RUN AT LARGE;
AMENDING SEC. 6-30 OF THE CODE OF ORDINANCES TO PROVIDE FOR AN OF-
FENSE TO KEEP OR HARBOR AN ANIMAL UPON RECEIPT OF NOTICE REQUIRING
SUPERVISED QUARANTINE OR DESTRUCTION OF AN ANIMAL; AND PROVIDING
FOR A MAXIMUM PENALTY IN THE AMOUNT OF $200 FOR VIOLATION THEREOF;
AND DEC14ARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTUN HEREBY ORDAINS:
t
SEC'rion;. That Section 6-4 of the Code of Ordinances is
hereby amended and shall read as follows:
f Sec. 6-4 Enforcement.
(a) Enforcement of thl; chapter shall b. the
responsibility of the city manager.
citations control officer shall have
authorityeto animal
this chapter.
(c} It shall be unlawful for any person, upon
being issued a citation, to intentionally or
knowingly give the animal control officer other
~J than his true name and address.
(d) It shall be unlawful for any person to
intentionally or knowinryly interfern with the
animal control officer in the performance of his
duties.
SkC'I't01111. That Section 6-9 of the Code of Ordinances is
hereby amended and shall read as follows:
Sec. 6-9 Animals Running at Large--prohibited.
No person shall permit any animal to run at l.irge.
$,ECION If I. That Section (j-30 of the Code of Ordinances is
hereby amended and shall read as follows:
Sec. 6-30 Rabies quarantine; confinement; disposition.
H) A person rur,mit rn offense if !ho f,nrson
L:r"winr}ly kceps or h-irbors an animal :ren super-
v i::r l rtuarantinirnr car h.iriane destru -t i, n :1s re-
I16r-i hernin fnr rnbi-i •-,ntrol whs,n d riih,l is
r
Agenda No. 43 -~0 3
Agendaltem
Date
--__L-L~L- y
mndaimealby an animal control officer for surrender of the i
a.
ordinfignQ s lV. A Person who violates any provision of this '
a day during which guilty thof a e violation eIsfcommitted orccontinued. E of
ach
offense is punishable by a fine not to exceed Two Hundred Dollars
($200.00).
~Ttt Y• That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
Its passage.
PASSED AND APPROVED this the
day of 1993 ,
DOD CASTLEaERRY, MAYOR `
ATTEST;
JENNIFER WALTERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM;
DEBRA A. DRAYOVITCH, CITY ATTORNEY
E';i' I 2
C I T Y
COUNCI:
• lb
° 040 e
`
e
0 N t • }oOV`.
c cco~
D:\ambc rs on\set I eknt.o
I
AGe~da ka _~.3 `dG~3 '
Apoada it note =1-
ORDINANCE NO. Act ft I AI9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND AUTH-
ORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT RELEASE
OF ALL CLAIMS IN THE MATTER OF AMBERSON ET AL V.
AND DECLARING AN EFFECTIVE DATE. KIDWELL ET Ax;
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
I
SECTION I. That the attached Compromise Settlement Ralease of
All Claims in the matter of mb rson et al v. XJA~gll, et al,
providing for the settlement and compromise of the litigation now
pending between the parties in the 16th District Court, Denton
itsnterms, andCthee 92-10301-16 is
is hereby authorized to accordance execute
same on the City's behalf.
SECTION Tt, That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
1993. day of
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY,
I
AgandaNo __.23._ro. 3_
Agenda ItenL l'~"~ f
~ ~y 9
NO. 92-10701-16 O
DAVID AMBERSON AND LINDA § IN THE DISTRICT COURT
AMBERSON §
§
VS. §
§
TODD KIDWELL, INDIVIDUALLY AND § DENTON COUNTY, TEXAS
AS AGENT, SERVANT, AND EMPLOYEE§
I OF CITY OF DENTON TEXAS POLICE §
DEPARTMENT AND CITY OF D£NTON §
TEXAS, CITY OF DENTON TEXAS §
POLICE DEPARTMENT AND CITY OF §
DENTON TEXAS § 16TH JUDICIAL DISTRICT
COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS
FOR AND IN CONSIDERATION of the sum of Two Hundred Fifty
Dollars ($250.00) in hand paid this day by check, the receipt and
sufficiency of which is hereby acknowledged, David Amberson and
Linda Amberson do hereby release, acquit, and forever discharge
the City of Denton, Texas, its elected officials, agents, employ-
ees, insurers; and attorneys and Todd Kidwell, Individually and
as agent, servant, and employee of City of Denton, Texas Police
Department, his family members, agents, attorneys, and insurers,
and each of them and Defendant City of Denton, Texas Police
Department and City of Denton, Texas, of and from any and all '
Ik actions, causes of action, claims (including subrogation claims),
and demands, on account of, or in any way growing out of, or
which may in the future grow out of, any and ali personal
Comranise Setttement and Retesse of r<lt Claims/Rage 1
I
AoudiNa
npenda147L
Dote
injuries, violations of constitutional or statutory rights,
damage to reputation, pain and suffering, grief, bereavement,
loss of consortium and companionship, mental anguish, loss of
r
earning capacity, loss of profits, damage to and taking of
property, costs, loss of services, and all other damages, whether
known or unknown, and whether heretofore asserted or not,
i
resulting or to result from a motor vehicle accident which
occurred on or about May 14, 1990, all as more fully described in
the pleadings on file herein to which reference is made for a
more complete description, and does hereby agree to indemnify and
save harmless said Todd Kidwell, individually and as agent,
servant, and employee of City of Denton, Texas Police Department,
his family members, agents, attorneys, and insurers, and each of
them and Defendant City of Denton, Texas Police Department and
City of Denton, Texas of and from all further claims, including
subrogation claims, demands, costs or expenses arising out of the
injuries and damages sustained by them as a reset of said
incident, whether or not included in a claim for damages. The
undersigned understands and agrees Uat the amount paid under
this agreement is in full satisfaction of all damages arising on
account of the above described accident, and that they will
receive no further sums of money from Todd Kidwell, Individually
and as agent, servant, and employee of City of Denton, Texas
Police Department, his family members, agents, attorneys, and
corpromise settiev rt qrd Release of All Claims/Page 2
insurers, and each of them, nor from Defendant City of Denton,
Texas Police Department and City of Denton, Texas as a result of
this accident.
It is expressly understood and agreed that David Amberson and
Linda Amberson have already paid or will pay out of the aforemen-
tioned total sum of Two Hundred and Fifty Dollars
($250.00) all
medical, doctors, and hospital charges received in the past or to
be incurred in the future by either of them and they will defend,
indemnify and hold harmless said Todd Kidwell, individually and
as agent, servant, and employee of City of Denton, Texas Police
Department, his family members, agents, attorneys, and insurers,
and each of them and Defendant City of Denton, Texas Police
Department and City of Denton, Texas, of any from any claims for
such charges.
It is expressly warranted by Plaintiffs that no promise or
inducement has been offered except as herein set forth, that this
I
Release is executed without reliance upon any statement or repre-
sentation of any person or parties released or their representa-
tives, concerning the nature and extent of the injuries, damages ~I
and/or legal liability therefor; that acceptance of the
consideration set forth herein is a full accord and satisfaction
of a disputed claim for which liability is expressly denied. '
FOR THE SAME CONSIDERATION, it is agreed that the above
styled suit will be dismissed with prejudice to refile the same.
Corpromi se set tlanent and Release of Att [l alms/Page 3
AAonda No
_ C~2-
This document contains the entire agreement of the parties
hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT
MERE RECITALS.
WITNESS our hands this the
day of January, 1993.
CITY OF DENTON, TEXAS
By:
LLOYD V. HARRELL
CITY MANAGER
DAVID AMBERSON
~J
1
LINDA AMBERSON -
TODD KIDWE f1
APPROVED:
` APPROVED:
JERRY E. DRAKE; JR.
ATTORNEY FOR DEFENDANTS ATTORNEY FOR MES A. ANTON
PLAINTIFFS
Compromise Settlement amd Release of All Clstms/page 4
Agenda item
THE STATE JF TEXAS §
COUNTY OF DEN,rou §
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Lloyd V.
Harrell, known to me to be the person who executed the foregoing
instrument and acknowledged to me that he executed the same for
the purposes and consideration therein expressed; that he exe-
cuted the same as his free and voluntary act and deed after
having it fully explained to him, and after having read it fully,
! and after realizing the effect thereof to be a mutual release
between and among the City of Denton, Texas, Todd Kidwell, David
Amberson and Linda Amberson, for the limited matter or thing
dealt with in the foregoing instruments and that the same was
executed by him without any threat, force, fraud, duress, or
representation of any kind by any person whomsoever; and that he
had the legal authority to bind the City of Denton, Texas to such
an agreement; and that at the time of execution of the release,
Lloyd V. Harrell was campletely sober, sane, and capable of
understanding the character of his acts and deeds and was in
complete charge of all of his faculties and capable of executing
this instrument and of understanding the significance of his
acts.
GIVEN under my hand and seal of office this
January, 1993. day of
Notary pu` blic, State - of Texas
CoVfomise Settlement and Release of RII Clalr /Page 5
i
i
aoaeda Ne .,1,3_ -011.,3
~penCa+tem_ _f~'S ~.~7f~
l- ~
THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE 1,E, the undersigned, a Notary Public fn and for said
County and State, on this day personally appeared David Amberson,
known to me to be the person who executed the foregoing instru-
ment and acknowlr.dged to me that he executed the same for the
purposes and :onsideration therein expressed; that he executed
the same as his free and voluntary act and deed after having it
fully explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Todd Kidwell, David Amberson and
Linda Amberson, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by him with-
out any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution
of the release, David Amberson was completely sober, sane, and
capable of undet,:tanding the character of his acts and deeds and
was in complete charge of all of his faculties and capable of
executing this instrument and of understanding the significance
of his acts.
GIVEN under my hand and seal of office this day of
January, 1993.
1
Notary Public, State of Texas
I
C
compromise Settlement and AN ease of All et,J"/Page 6
Agenda ltent__At?L~~2z~.
THE STATE OF TEXAS §
COUNTY OF DE14TON g
BEFORE ME, the undersigned, a Notary Public in and for said
County and State, on this day personally appeared Linda Amberson,
known to me to be the person who executed the foregoing instru-
ment and acknowledged to me that she executed the same for the
purposes and consideration therein expressed; that she executed
the same as her free and voluntary act and deed after having it
fully explained to her, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Todd Kidwell, David Amberson and
Linda Amberson, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by her with-
out any threat, force, fraud, duress, or representation of any
kind by any person whomsoever; and that at the time of execution
of the release, Linda Amberson was completely sober, sane, and
capable of understanding the character of her acts and deeds and
was in complete charge of all of her faculties and capable of
executing this instrument and of understanding the significance
of her acts.
GIVEN under my hand and seal of office this day of
January, 1993.
I
Notary Public, State of Texas
CwVromise Settlement and Release of All Clelma/Fepe 7
i
knndAho __y3., o.j_.._
fkd9.~ ~.=/9'~3 ~THE STATE OF TEXAS §
COUNTY OF DENTON §
BEFORE ME, the undersigned, a Notary P,_blic in and for said
County and State, on this day personally appeared Todd Kidwell,
known to me to be the person who executed the foregoing instru-
ment and acknowledged to me that he executed the same for the
purposes and consideration therein expressed; that he executed
the same as his free and voluntary act and deed after having it
fully explained to him, and after having read it fully, and after
realizing the effect thereof to be a mutual release between and
among the City of Denton, Texas, Todd Kidwell, David Amberson and
Linda Amberson, for the limited matter or thing dealt with in the
foregoing instrument; and that the same was executed by him with-
out any threat, force, fraud, duress, or representation of any
k
of the ind by any person whomsoever; and that at the time of execution
capable oflunderstanding id he character of his acts eand dsane, and
eeds and
was in complete charge of all of his faculties and capable of
executing this instrument and of understanding the significance
of his acts.
GIVEN under my hand and seal of office this day of
January, 1991.
Notary Public, State of Texas
Ilr
Compromise Settlement and Release of All Claims/Page 8
Y '{+~H YT 'M~♦ µw
♦♦~1 h~~ ~inyy~
i
C ,
ITY~.~
OUNCI.
I
It
I
+ r
1
a
a
ti} VL.~
r ~c
E:\WDDOCS\WORK\i WC, RES
tiff
A"ltlfi
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO MAKE APPLICATION TO
THE TEXAS WATER COMMISSION FOR A PERMIT TO CONSTRUCT RECREATIONAL,
LAKES AT SOUTH LAKES PARK; AND PROVIDING AN EFFECTIVE DATE,
WHEREAS, the City of Denton recognizes that it is in the in-
terest of the City to develop lakes at South Lakes Park in an
effort to improve the storm water management in this area; and
WHEREAS, the construction of recreational lakes at South Lakes
Park will have a positive affect on the citizens of Denton by pro-
viding additional recreational and leisure opportunities; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Council authorizes the City Manager to
submit an application to the Texas water Commission for a Permit to
Appropriate Public Water at South Lakes Park and, if the applica-
tion is accepted for funding, the City Manager of the City of
Denton is hereby authorized and empowered to execute in the name of
the City of Denton all necessary applications, contracts, and
agreements to implement and carry out the purposes specified in
this ordinance,
SECTION II. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this the day of
1991.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORM;
DEBRA A. DRAYOVITCH, CITY ATTORNEY
II
CITY COUNCIL REPOR'P FORMAT ~DM~QiI~!~.%...~-.?_,,.
Date%: i9 9v~
TO: Mayor and Members of the City Council ~yJ
FROM: Lloyd V. Harrell, City Manager C~
DATE: December 28, 1992
SUBJECT: Ordinance to the Texas water Commission
RECOMMENDATION: Approve an ordinance to the Texas Water Commission
authorizing the city of Denton to submit an application for permit
to construct recreational lakes at South Lakes Park.
,SCR}(: This permit application, with preliminary flood study,
will be forwarded to the Water Commission detailing the size and
location of future lake development at South Lakes Park. The
application and study were prepared by the engineering firm of
Teague Nall and Perkins. The attached Executive Summary outlines
their findings and recommendation.
BACKGROUND: As outlined in the matching grant application to Texas
Parks and Wildlife, for Phase I development of South Lakes Park,
one of the three lakes is identified for construction. During
their review (to be completed by the end of January, 1993), Texas
Parks and Wildlife informed City staff that the Water Commission
must be contacted and a permit application submitted prior to the
issuance of any funds for the grant, To avoid any prolonged delay
in construction if the grant is approved in January, a flood study
was conducted so that the four-month review process by the Water
Commission could begin,
PROGRAMS, DEPARTMENTS OR GROUPS AFF£CTEDl The Phase I development
at South Lakes Park will have a positive affect on the citizens of
Denton by providing additional recreational and leisure
opportunities.
i:ISCAL IMPACT: Texas Water Commission will determine the permit
fee based on the scope of the project. The fee will be paid from
1986 Bond Funds with an estimated cost of $275.
4oyd__RESP TFULLY U ITTEDD:
V. Harre 1
City Manager
Prepared by:
('A -N " fit
Name Ric D ugl as
Title Director of Parke and Recreation
Approv,Td:
Nam Betty cKe n
Title Exec ive Dire for or
Municipal services/ Economic Development
January 13, 1993 ~O~d1111Ri ~,5 ~i1 JT
EXECUTIVE SUMMARY ~Vl
Texas Water Commission
Permit Application to Appropriate Public Water
The engineering firm of Teague, Nall and Perkins was hired to
develop preliminary plans for the retention ponds/lakes at South
Lakes Park. These plans will provide the support data needed to
make application to the Texas Water Commission to obtain a permit
to construct the lake(s).
i
Coordinated through the Parks and Recreation Department and the
Engineering Depar"ment, Teague, Nall and Perkins scope of services
included:
j • Identify the
quantity of water proposed to be detained.
• Determine the viability of permanent recreational lakes in
addition to retention ponds.
• Develop preliminary plans for the retention ponds/lakes.
• Prepare and process the permit application with the Texas
Water Commission.
As you recall, thn concept of developing lakes at thin park site
was intended to improve the storm water management in this area.
The layout and grading of the retention lakes as presented provide
the runoff storage volume needed to pass the 25-year storm at
Hobson Road based on ultimate development in the watershed
including improvements scheduled for Teasley Lane, FM2181. The
100-year storm will overtop Hobson Road, flowing less than one foot
deep over the roadway. The 100-year base flood elevation (BFE)
will be decreased by about two feet at Hobson Lane and will be
increased by about four feet at the most northern lake . However,
with the construction of the embankment extension berms parallel to
i Teasley Lane, the floodplain should be contained within the park.
some preliminary calculations were made on the viability of the
lakes. Based on average annual rainfall, all of the lakes should
fill in about six months. Also, in an extended drought in a given
year, the surface level of the lakes may depress by three to five
feet. Based on climatological and hydrologic data, these lakes are
viable and should fill and maintain their water level unless
unexpected geologic conditions cause excessive seepage.
With the authorization of the City Council, the permit application '
will be submitted to the Texas Water Commission, allowing the
review process to begin. Because Texas Parks and Wildlife will not
release any funds on the South Lakes matching grant (if approved)
until this permit is obtained, it is important to submit this
application as early as possible.
AJJ00601
T
i
i
Nooda No
Agenda llem_~1 S~J~.
l~
TEXAS WATER COMMISSION
APPLICATION FOR PERMIT TO APPROPRIATE PUBLIC WATER
(SECTION 11.121, TEXAS WATER CODE)
TAC CHAPTERS 2S1, 387, 395, 297, AND/OR 299
1. Personal Data or Applicant:
A. Name:_ City of Dent(,,
B. Mailing Address; _ '15 E. McKinney Denton IX 7_6101
C, Telephone No.(s):Horne: _ (8-- 1- 7j 566_8358
D. Social Security or Federal 1.0. No . 75-6000514 Ofnce:
2. Dain, Reservoir and watercourse E ate (Di.•ect Diversion Complete ^-.B, 1
A. Type of Storage Reservoir: }IA on-channel O off-channel Exist, structure-i Dete of construction:
B, Structure/Direct Diversion
(1) jygltercou:se; Fletcher Brsnch tributary of - Hickory Creek
tributary of Garza-Little EIm Reservoirs Elm Fork
tributary of , tributary of
(2) From County Seat and nearby town: Trinity River Basin.
a. Location from County Scat; miles in a
trot:: direction
b. Location from nearby town (if other than County Seat County, Texas,
miles in a -direction from
town shown on county highway map, - - a nearby
t(3) Station _ 10+00 on the centerline of the dam is
due East
(bearing) _ 2000 feet (distance) from the S W. corner of
Original Survey No, ,Abstract No, - 1007 P-ullali_
in County, Texas.
(4) Loea:ionofDarn: C. Povllalier Survey
Abstract No. 1007 t Denton . Original Survey No.
_
'n County, Texas.
C. Reservoir.
(1) Acre-feet of water impounded by structure at normal maximum operating level:
190_
(2) Surface area in acres of reservoir at normal maximum operating level;
D, (1) If this is a U.S. Soil Conservation Sersice floodwater-retarding structure, provide the Site No. N/A
and watershed project name
(2) Do you request authorization to close the "ports" or "windows" in the service spillway?
❑ Yes 2SXNo
E. The drainage e.rea above the dam/diversion point is 1.16
fC Acres oX8 Square Miles).
" A.K.A. Lewisville Lake
?WC otaolot, ce.CA e61
Peee 1 of
Agenda No
AgendaItem_ S '1'`LI
3. Appropriation Request:
A. Appropriated water gill be used as follows:
Purpose' Place of Use Acre•Feet Per Annum
(1) Recreation on-site 1. 90 (initial fill)
(31
*If irrigation, list crop(s) to be ingated w - -
2. Diversion. N/A
(U Location of point of diversion
(distance) from the beanng) feet
corner of On r~l S rve; No. _
i Abstract No. County, Texas.
(2) Location from nearby town; ilex in a . di; ection from
a nearby town shown on attached vicinity map.
(3) The diversion will be: (check all appropri ate boxes and if applicable, in dilate whether existing or proposed)
G a. Directly from the stream
❑ b. From an existiri or ❑ proposed) on-channel reservoir
Cl C. From a stream to an (0 existing or G proposed) off-channel reservoir
❑ d. From a stream to an (0 existing or Q proposed) on•chsnnel reservoir
❑ e. From an (G existing or ❑ proposed) off-channel reservoir
G f. Other method (Explain fully use additional sheets if necessary)
(S) Rate of Diversion:
a. Maximum gpm
b. Diversion Facility
1 1. if b if by gravity: itheck applicable pro~isian)
t pumping plant: ca. Head; ace '
A. Number of pumps ❑ b. Diversion dam
b. Type of pump G c. Other method (explaln fully-
Pump capacity each pump use additional sheets if
gpm necessary)
C. Return Water or Return,Flow~e pN/p O Yes O No
Water which it) diverted but not consumed as a result of the above stated use will be returned to
, tributary of tributary- of _
8tsin, at a point which is ' (beanng)
feet (distance) from the corner of
Original Survey No. 1
Abstract No. In County, Texas. Estimated anrttsnf amount cf
return flow to said stream will be acre-feet.
D. Surplus Water: N/A
Water which is diverted but not used benefici )ly will be returned to
tnbutl,ry
of , tnbutary of _
' Basin at a point which is s
- (beanng) feet (distan(t) from :he
corner of - Original Survey No, Abstract No.
In County, Texas,
tw: 0160
►i t ~ : et 7
AgnndaNo 11403 „
Agenda
:'Rae Y L
a. Ger,e:a! information:
J
A. The proposed $ or e.~isting Z works will be (are) located on the land of 3PPlicant
mailing address is - _ ,whose
8. Applicant proposes to inngate a maximum of _
f
supplement attached to this application or on the appllica:ion pAcres lans r a nd any on canpert ta iotS] cd land is described in a
- Orig nal Survey NO, acres in the I
j Count}, Te.eas. The a • Abstract No. ~ in
ppiicant(s) must provide a copy of the lVnrrantY Deedfs} describing the a
tract with the recording information from the coun;y deed record', pplicant,s overall
C, If In app',ca;ionlorthea
24 DDropciation is granted, either in whole Orin part,c~,nstruction wrrkeWill be begunwithin
tr mths after such permit is issued. The proposed work will be comple;+d w~tnin 30 months
the date of issuance of permit. from
D, 0 A Conservation Plan is attached, N/A
£ {I) 0Interwatershedtransfer isrequested, N/A
(2) Q Applicant requests authorization to transfer -
Basin to the aere e of water per annum from
Purposes and Basin of which ` acre-feet will be used for
set .-feet of water will be used for
5• (M Maps. Plats, plans, and drawings accompany this application as required by applicable TAC Sections.
6. Attach additional sheets, for multiple dams and reservoirs, diversion points, return points, etc,
Witness -t. hand at
t Texas, this the day of
g 19
Subsc=bed and sworn to as being true and correct before me on this the
- - - - - - - - - - - - - - -
• deyof19
Notary Public, State of Texas
*Lake 2 will be initially built, with Lakes I and 3 being constructed at later date,
_'C-01 60
0+t+ 3 of 3
i~ r z tf t ~ fi;
{ C ITYt
('COUNCIL
r
~ rf•,
I;t
fit
f~2
I
I
i
i
I
I
13 E
Q
°r e~ Y1
A~
4, A
aQQa
7S e q
• ~ 0 ~ N, / O~ou~J
6
If
f
Tip O~
~P7f-41/ 19/ 93 -
G ,
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJ: Approval of a resolution authorizing the City Manager
to submit an amendment to the 1991 Final Statement of
Community Development Objectives and Projected Use of
Funds.
I
RECQMMENDATION:
The Community Development Block ^rant Committee li
recommends approval. Minutes cf the December 14th
meeting are attached. 1111
BACKGROUND: I
Recently, citizens have commented upon the poor condition
of the basketball courts at Fred Moore Park. The Parks
and Recreation Department requested that the CDBG
Committee allocate $10,000 in residual 1991 funding to +
the improvement of the basketball courts. The 1991
residual funds are available from the Administration and
Wilson Street Sidewalks accounts.
S MMAR :
The project will include installation of a new surface
and replacement of the goals on the existing courts.
The resolution will formally amend the 1991 Final
Statement to include the project. All pertinent federal j
requirements, including an completion of an environmental
review will be met prior to project initiation. '
I
OG S. DEPARTMENTS OR GROUPS AFFECTED:
Citizens in the Fred Moore Park service area
Parks and Recreation Department
Community Development Office
i
r
No._..,_ -DD3
A~w
[bit FISCAL IMPACT: 9 '
Funding allocated to improvements at Fred Moore Park will
not affect previously funded programs. There will be no
impact on the general fund.
Respe fully submitted:
G~ ~ / V6riL tGL1 yd V. Harrell
City Manager
Prepared by:
Barbara Rc!s-
Coms1ur+!ty Development Administrator
Approved:
1
A 4W
Frank Robbins AICV
Executive Director for Planning & Development
1
i
k6r,da No
Agenda Itam_~ ! _f1
AAAOlOD4 ✓
RESOLUTION NO. +
A RESOLUTION BY THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY
KkNAGER TO SIGN AND SUBMIT AN AMENDMENT TO THE 1991 FINAL STATEMENT
OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS
SUBMITTED IN JUNE OF 1991 TO THE U.S. DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT WITH APPROPRIATE CERTIFICATIONS, AS AUTHORIZED
AND REQUIRED BY THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1974,
AS AMENDED; AND PROVIDING All EFFECTIVE DATE.
WHEREAS, the City of Denton is concerned with the development
of viable urban communities, including decent housing, a suitable
living environment and expanded economic opportunities; and
WHEREAS, the City of Denton, as an entitlement city, has pre-
pared through a citizen participation process, a program for util-
izing its 1991 entitlement funds and program income in the approx-
imate amount of $637,000; and
WHEREAS, the City of Denton has residual funding in the ap-
proximate amount of $10,000 that may be transferred for other uses;
i
WHEREAS, the Community Development Block committee have con-
sidered and recommended this amendment; NOW, THEREFORE,
ii
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES; {
SECTION Il That the City Council of the City of Denton au-
thorizes the City Manager to submit to the Department of Housing
and Urban Development an amendment for the reallocation of funds in
the 1991 Final Statement that was previously submitted for a grant
application with appropriate assurances for entitlement funds under
the Housing and Community Development Act of 1974, as amended, to
provide $10,000 for the construction of improvements to the basket-
ball court at Fred Moore Park, Denton, Texas.
SECTION III That the City Council authorizes the City Manager
or his designee to handle all fiscal and administrative matters
related to the amended final statement.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1993,
BOB CASTLEBERRY, MAYOR
I
Agenda No. S:3-oo3
Apendaltem .~~A
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORI4:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
I ,
I
BY:
i
I
Page 2
wge+ldaNo
Agenda Iterta _~'-5 io /1
Unotticial Minutes .5"it/
cDBG Committee Meeting
December 14, 1992
civil Detense Room
Members Present: Curtis Ramsey. Jack: weir. Peagy Norton. Freo
Hill. Sarah Parker. Peoay Fox. JoAnn Canales.
Members Absent With Notitication: Dennis Stephens. Ray Treic.
M=tubers Absent Without Notification: Nune
Statt Present: Debra Ur ayovttch. City Attorney: Rich Diugas,
Cltrector. Parks Recreations: B-?U Ttckner. Super-
tntendent of Parks: Barbara Ross. Community Devei-
oument Administrator: Eric BiIiips. community
Development Prcgram Assistant: Nancy Baker. Commu-
pity Development Secretary.
Barbara Ross introduced Debra Drayovttch to speak to the committee
about 'conflict of interest' matters. Ms. Orayovttch explained
that the City Council felt that it was important that members of
` City boards and commissions receive a summary of the laws that are
applicable to public officials. She stated that all new committee
members should have received a packet to the mail containing these
laws.
Ms. Orayovitch explained br-efly the contents of the laws and
stated that the City does have an insurance policy called Public
Offtcialg~ Liability that would cover any suits brought to a public
official representing the City on any decisions they might make for
the sake of the City. Ms. Drayovttch stated that one situation
which arose in the thirteen years that she has been employed with
the City was when a public official was threatened with a libel
suit for comments made after a meeting, where the individual made
comment about a persons business. She stated that in this type
situation, the insurance would not cover or protect an individual.
Ms. Orayovitch recommended that committee members use caution when
making any comments regarding matters or persons which the
committee may be making decisions about.
Ms. Drayovitch said that conflict of interest 1s also an issue to
be aware of. Ms. Drayovttch advised the committee members that if
they ever had any questions as to whether a conflict of interest
might exist where they are concerned in any decision-making
situations, to get with Barbara Ross on this concern so a determi-
nation can be made.
Ms. Orayovttch stated that this was a brief summary of the laws and
stated that she wanted the committee members to know that she was
available to the committee for any help they felt they might need
in their decision-making matters. Ms. Drayyovitch asked if there
404144 No
--c_-__
agenda Itertt _Si~
~a o- f~_1_~I3
Unofficial Minutes
CDBG Committee Meeting
December 14, 1992
Page 2
were any questions the committee members might have in regard to
doing their :fobs better, There were no questions and Ms.
Drayovitch said that since she doesn't have much opportunity to
visit with the various committees, she wanted to extend her
appreciation for the time and service the members give to the City.
Ms. Ross thanked Ms. Drayovttch for tier briefing.
Ms. Ross stated that the next item on the agenda was to appoint a
new Chair and Vice Chair for the 1993 year. Ms. Ross asked the
committee members to introduce themselves to each other for the
benefit of the two new committee members. After the introductions
were made, Ms. Ross opened the floor for nominations for Chair,
Ms. Peggy Norton, committee member, nominated Curtis Ramsey tar
Chair.
Jack Weir, committee member, nominated Fred Hill.
Fred Hill, committee member, seconded the nomination for Curtis
Ramsey for Chair.
Peggy Norton nominated Fred Hill for Vice Chair.
Sarah Parker, committee member, seconded the nomination for Fred
Hill for Vice Chair.
Ms. Ross stated that a slate of officers was Curtis Ramsey for
Chair and Fred Hill for Vice Chair. Ms. Ross asked the committee
if there were any further nominations. There were none. Ms. Ross
asked for all those in favor of the nominations to say "aye". All
committee members voted "aye", with no "nays", for the slate of
officers. Ms. Ross then turned the meeting over to Curtis Ramsey,
newly elected committee chair.
Mr. Ramsey introduced Bob Tickner, Superintendent of Parks, to
present the next agenda item being a request for CDBG funds for
Fred Moore Park improvements. ,
Mr. Ticknor stated his appreciation to the committee to be able to
have the opportunity to make this proposal. He stated that the
City had received requests for improvements at Fred Moore Park over
the past year. Mr. Ticknor stated that due to heavy use of the
basketball courts, there was a need for improvements. Mr. Ticknor
stated that it has been approximately seven years since any
improvements have been made. He said the request was for improve-
ment to the basketball court. He said it receives a tremendous
amount of use and is a focal point at the park. He stated that the
Unofficial minutes 9
CDBG Committee Meeting
December 14. 1992
Page 3
coating was worn down to the asphalt and that, due to shifting
soils, cracks have developed in the surface. He said the committee
- is being asked to consider aopropriating up to $10,000.00 to make
repairs to the cracks and to completely resurface the court and to
replace the four basketball goals which are in poor condition.
Ms. Ross informed the committee members that the $10,000 being
requested would come from excess administration budgets from '90,
and '91. and other projects' the committee had allocated money for.
Ms. Ross stated that the committee had allocated these monies.
which total appro~:imately $,'9,000.00 to go to the housIna rehab
project. She stated that the $10,000 would be taken from this
portion of the budget, leaving the other $19,000 to be programmed
into housing rehabilitation, She stated that she wanted the
committee members to know that this money would not be pulled from
another project.
Mr. Ramsey asked if the City would be doing the project.
Mr. Tickner stated that this is going to be a large project and
therefore would be contracted out.
Mr. Hill asked if this type project was not scheduled into the
normal Parks budget.
Mr. Tickner said that they can budget for upkeep and repairs, but
there is not money available in their budget for a project on this
scale. Mr. Tickner further stated that the Fred Moore Park courts
have been patched several times but that it was to the point that
it really is no longer cost effective to continue patching.
Ms. Fox asked how the $10,000 amount had been determined since the
project has not gone out for bid.
Mr. Tickner said it is estimated that the four new goals will cost
about $3,000, and that the cost for repairs to the surface should ,
cost about $7,000, He stated that this is about what the cost was
back in 1985 and said that the prices have held pretty steady.
Ms. Fox asked if the labor would be done by City staff. Mr.
Tickner said, no, the labor would also be bid out.
Mr. Ramsey asked if the courts would be designed for multi-use or
for basketball use only.
Mr. Tickner said the surface would be of a general-Purpose type.
'~1Na ~__13-DD3 .
~penda~ter~•~'S ~/c /l~
Call 93
Unofficial Minutes
CDBG Committee Meeting J
December 14, 1992
Page 4
Mr. Tt
Thasked
proposaclk. ner
were If no there were an further questions on the
further questions. Mr. Tickner thanked
the committee for the opportunity to present his proposal
Mr. Ramsey asked for a formal motion,
Ms. Norton moved that the committee accept this prop<)sal as
presented and recommend to City Council to amend the CDBG 1991
commitment to reallocate the funds for this request.
Ms. Canales, committee member, asked how the availability of these
funds was made known to the public.
Ms. Ross said that an advertisement would be placed in the paper
prior to this going to City Council stating that this commitment is
being proposed as an amendment to the 1991 CDBG budget to City
Council. Ms. Ross further stated that an ad would be placed in the
paper after the council approves or disapproves the amendment
stating the outcome of Council's decision. She further stated that
the public had previously been made aware of the availability of
1991 CDBG funds.
Mr. Hill further stated that this request for improvements was
initiated from the citizenry to the City Council and the Council
then asked the Parks Department to determine if anything could be
done to comply with the neighborhood's request. That's when Parks
came to the Community Development office seeking help.
Ms. Ross stated that Ms. Canales' concerns were very good and that
this is the reason an ad wculd be placed -n the paper prior to this
item going before the City Council. Ms. Ross further stated that
if any comments are received by the Community Development office
from citizens regarding this proposal (due to the ad or otherwise),
that those would be provided to City Council prior to them making
any decisions on this matter.
Ms. Ross and committee members provided further background on the
processes of the CDBG Committee for the benefit of the new members.
Mr. Ramsey asked if there were any more questions on the motion to
recommend to Council the amendment to the 1991 CDBG commitments to
reallocate $10,090 to be used for court improvements at Fred Moore
Park. There were no further questions.
Mr. Ramsey stated that Ms. Norton made the motion for the recommen-
dation. Peggy Fox seconded the motion. Mr. Ramsey asked for a
vote on the motion. All members voted to accept the proposal. Mr.
A gods No. 93-ao,~
~pendat ~io~_
Nis
Unofficial Minutes
CDOG Committee Meeting
December 14, 1992
Page 5
Ramsey said the motion carries and this recommendation will be
placed before the City Council.
Mr. Ramsey brought the next item before the committee which was to
set dates for the funding-request hearings for 1993.
It was agreed by all committee members present to set aside the
following dates: March 1, 2, 4, 8, 9 and 11, 1993. It was
determined that these meetings would begin at 5:30 p.m,
and would
last until approximately 7:30 p.m. for each of the days scheduled.
Ms. Ross stated that she needed to also schedule two dates prior to
the committee's request hearings in which to hold public hearings.
It was determined that a Public Hearing would be held at the Church
of God on February 1, 1993, and another at the MLK Center on
February 8, 1993.
Fred Hill moved to adjourn the meeting. Curtis Ramsey seconded.
The meeting was adjourned at 1:04 p.m.
y
r~
€ CITY
tCOUNCIL
II II { { iii ~
j ~ t I `tr#t~'
. ~ f
#'t
I
i I
~~ti000 p~
or oa
%
0
o ~ * po
q
Oo O
p N. S E ~`OJ
~~OOGG00~
I
t
t.c
I
i
i
i
1
ALL00420
RESOLUTION NO.
A RESOLUTION BY THE COUNCIL OF THE OF DENTON, TEXAS
AUTHORIZING THE SUBMISSION OF AN APPLICATION TO THE TEXAS CRIMINAL
JUSTICE DIVISION REQUESTING CONTINUED FUNDING FOR A DRUG ABUSE
RFSISTANCE EDUCATION OFFICER; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, it is necessary for the Council of the City of Denton
to authorize the submission of an application to the Texas Criminal
Justice Division requesting continued funding for a Drug Abuse
Resistance Education' rficer to augment the City's Crime Prevention
Unit; and
WHEREAS, Article 4 13 (32a), V.T.C.S. was amended to enable the
Criminal Justice Division of the State of Texas to allocate grants
and administer criminal justice programs on a statewide level; and
WHEREAS, the City of Denton is eligible to continue receiving
such funds and desires to promote the
of citizens through increasing the effee iveness ofd thelDenton
Police Department in its law enforcei7c»t and education relating to
Drug Abuse; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECT_ION 1 That the City o
city is eligible to receive afunding n allocation Prom sthe aTexas
Criminal Justice Division for a Drug Abuse Resistance Education
Officer to augment the City's Crime Prevention Program and hereby
authorizes the staff to submit an application for the continuation
of such funds.
SECTI_ p_ N IT_ That the City
directs the City Manager or his designee, hereby authoriand act on
and represent behalf of the City of Denton in working with the Criminal Justice
Division in regard to such grant application.
~T~L III That the Police Chief is hereby directed to
forward a copy of this Resolution to the Texas Criminal Justice 1
Division and the North Texas Central Council of Governments.
SECTI, OV, That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
day of 1993.
BOH-TL CAS g RY, MAYOR
Agenda IWL ,B
Ta#e -z7:~q-_ _
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
i
APPROVED AS TO LEGAL FORM:
DEBRA A. DRALOVITCH, CITY ATTORNEY
BY, r c1 QC
e
1
f
PAGE 2
I
AQ~ No,
CITY olDENTON, TEXAS MUN1ClPAL BUILDING/ DEN TON, TEXAS 76201 /TELEPHONE (817) 568-8307
Office of the City Manager
I ME MOI2ANDUM
TO, Lloyd V. Harrell, City Manager
FROM: Rick Svehla, Deputy City Manager
DATE: January 14, 1993
SUBJECT: DARE Grant Application
The attached resolution is for authorization for submission of an
application to the Texas Criminal Justice Division for continued
funding for a Drug Abuse Resistance Education officer. This is a
continuation of the existing grant. The funding level for this
year of the grant is 20/60 with 208 coming from the Texas Criminal
Justice Division and the city providing 808. The DISD has provides
half the funding for our 808 and the city funds were approved in
the budget process.
If I can provide any furtha_r information, I would be happy to try
and do so.
Rick 2ve
Deputy City Manager
RSsbw
AMM00221
Attachment
HANDOUT TO CITY COUNCIL 1-19-93
Deloitte &
-Touche
P i0
r
CITY OF DENTON, TEXAS
Single Audit Reports for the
Year Ended September 30,1992
f
It
It
I~
if
ID
i1
SM
4eioitt~Touche
T*mbu
ldwatkKW
CITY OF DENTON, TEXAS
TABLE OF CONTENTS
PI-Re
Independent Auditors' Report on the Supplemental Schedule of Federal and State
r~ Financial Assistance 1
f
1 Supplemental Schedule of Federal and State Financial Assistance 2.3
M Independent Auditors' Report on Compliance Based on the Audit of
Financial Statements 4
Independent Auditors' Report on the Internal Control Structure Based on the Audit
of the Financial Statements S~
Independent Auditors' Report on Compliance With the General
Requirements Applicable to Federal Financial Assistance 7.8
Independent Auditors' Report on Compliance With Specific Requirements
Applicable to Major Federal Financial Assistance Programs g
Independent Auditors' Report on Compliance With Requirements Applicable
to Nonmajor Federal Financial Assistance Program Transactions 10
Schedule of Findings and Questioned Costs I I
I
Independent Auditors' Report on the Internal Control Structure Used in
Administering Federal Financial Assistance 12.14
t
I
Deloitte &
Toushe
Su to 73.0 TE'ephor.~ iot 7i 3:17;1300
801 Cherry Streol Facsn,de 1B171 2013
FUrt Worth. ?e.d< 761[12-68G~1
INDEPENDENT AUDITORS' REPORT ON THE SUPPLEMENTAL SCHEDULE OF FEDERAL
AND STATE FINANCIAL ASSISTANCE
The Honorable Mayor and Members of the City Council
City of Denton, Texas
1
We have audited the general purpose financial statements of the City of Denton, Texas (the "City") for
the year ended September 30,1992, and have issued our report thereon dated December 18, 1992. These
general purpose financial statements are the responsibility of the City's management. Our responsibility
is to express an opinion on these general purpose financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards and Government
Audi tin Standards, Issued by the Comptroller General of the United States. loose standards regr a that
we plan and pe orm the audit to obtain reasonable assurance about whether the general purpose financial
statements are free of material misstatement. An audit includes examining, on a test basis, evidence
supporting the amounts and disclosures in the general purpose financial statements. An audit also
includes assessing the accounting principles used and significant estimates made by management, as well
as evaluating the overall financial statement presentation, We believe that our audit provides a reasonable
basis for our opinion.
O-,rr audit was conducted for the purpose of fortning an opinion on the general purpose financial
statements of the City taken as a whole. The accompanying supplemental schedule of federal and state
financial assistance for the year ended September 30,1992 which is also the responsibility of the City's
management, is presented for purposes of additional analysis and Is not a required part of the general
purpose financial statements. Such supplemental schedule has been subjected to the auditing procedures
applied In the audit of the general purpose financial statements and, in our opinion, is fairly stated in all
material respects when considered to relation to the general purpose financial statements taken as a
whole.
December 18, 1992
Deloitt buche
Tohntsu
Internotlonal
i
f 1
E
I
CRY OF DEMN, TEXAS
I
SUPP a(ENMAL SCHMILE OF fEDMAL AND STATE FINANCIAL ASSISTANCE
YEAR ENDED SEPTEMBER 30, 1992
Catalog of Fund
Pedenl Balance
r-~ PedeadGrant Domestic Program Fund
Pass-Through Grantor/ Grant Assistance of Awwd Balance Revenues September 30,
program Tie I.D. Number ID. Number Amount Wobet I, 1991 -Fe&ra - a e Fdirures 1992
U.S. DepnrtneM of Housin i
-an an e n
anmuni ve opment 7 571
Block Ornt (11 8.84-MC.48-0036 14.218 f 614,000 S 7371 f
Community DevekTmerd S 19,714
Block Grant (1) B-85-MC-4M36 14218 677,918 19,711
CommcnityDcNelopmert 342 (11,077)
BlmkGrant (1) B-86-MC-48-0036 14.218 557,384 (17,077) S 142
Community Development 517 (76 212)
Block Grant (I) B-87-MC-48-0036 14.218 511,558 (76,212) 577
Community Developmera 4,767 72390
Block Grant (1) 8.88-MC49-0036 14.218 553,966 72,390 4,767
Community Development 848 l,l85
Block Grant (1) B49-MC-48-0036 14.218 378.4111 1.185 848
Community Devclopmert
Block Grant (1) 8.90-MC-48-0036 14.218 553,090 168,801 168,801
Community Development 3SR,801 358,801
Block Gmt(1) 8.91-MC-48-0036 (4.218 617,168
Community Devetopmert
Block Grant (1) 8-92-MC-48-0036 14.218 675,941 20,233 20,233
Passed Through State of Tew
De nt of Commerce:
genial Rehabilitation
PrVM On010404585 14.230 2,12,222 47,1172 - S 46,648 94,520
i
7,571 602,242 46,618 656,461
US. Ikpanment of the Interior
a non e
TexaaHiROricalCommission 48-9150122B.019 unknown 1,230 1,230 030 2'4150
National Part Service 518 t,036
Texas Historical Comatiesion 48-92.501228019 enlmoan 2.600 SIR
- 1 SIR T18 _ JA
U-S Department of Transportation
'Tr r X-nii'ron
Administration - Airport
Improvement Program 87/348006704 20.106 1,335,(10(1 110,774 12,303 123,077
Passed Through State Department
of Trtn tion: {
Federal ran sponstion Omni TX-94X246 unknown 393,918 20,686 510,077 9995 40,958
'7'1T,b✓'+b -ifFUT) "-TI,298 ~b4:U33 j
(1) Majorprognm
2 (Continued)
1
i
CITY OF DEMON, MUS
SC7 MULE OF FEDERAL AND STATE FINANCIAL, ASSISTANCE
YEAR ENDED SEPIEMBFR 30, 2992 _
Catalog of
Federal Fund
Fe&raiGantW Domestic Program Fund Balance
Pass-ThroughOrsntor/ Grant Assistance or Award Balance Revenues September 30,
Program Title I D. Number ID. Number Amount October 1, 1991 Ptdcr&I Stile u ditums 1992
us. Department of Education
e rag antes We
Grantl R167A103I12 Unknown 27,533 S 27,533 S 27333
Reading Enhances Adult Life
Grant 11 R167A10301 unknown 9,307 2,978 _ 2978
-303 TT -33TT
Stale De prat of m w ays
`an c tnnspo ion:
SoRfrve 7 ta96`o Ee ment
P1 582-XXF-6020 N/A 32,500 510.604 30.604
Traf rc Management Pmgtam -
CanoH Divd 58I-TW-6083 N/A 13,007 418 S 139 557
Traffic Management Program
EanleDrive 581•TMP~084 N/A 41,307 17,028 5,676 22,704
Traffic Light Synchronization
Protect • Downtown 582.71-F-6071 N/A 37,899 11,762 7,722 19,484
TralTic Light Synchonizatin
Project • Carroll Blvd. 582•71-P-6072 N/A 14,555 _ 8,292 240 8,532
68,104 13,777 81,881
State of Texas Criminal Justice
es ante SP•92-CI4-4387 N/A 48,376 43,174 29,091 72165
DrugB6 u Abuse Resistance SP-93-S 11.5446 N/A 38,185 2,955 4,208 7,163
ChJdAbumInvestigation SF-92.8034467 WA 34,961 29,074 18,565 47,639
NamMicsTask Force WA 12,062 18,677 18,671
93,880 51,864 145,744
State Department of Health
N man N~l I~1"s
voowService 1 rane7 061.1002 N/A N/A 29,099 29.099
Texas Parka and Wildlife Department
-No" es Parm 2400401 N/A 500,000 MAW 10,802 21,605
TOTAL FEDERAL AND STATE
FINANCIAL. ASSISTANCE S 7.571 $766.161 $211,963 $ 141,137 $1,132,132
- J - (Concluded)
Del itte &
- auche
Sint, 2340
i\ 801ChtrrySlr,r:t Te~r,F , none 1917134. . 7.3300
r,,~as 76 102 BHO r Fucsrnlo 1S17)3362013
Fart Ww1h,
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE BASED ON THE AUDIT OF
FINANCIAL STATEMENTS
The Honorable Mayor and Members of the Ciry Council
City of Denton, Texas:
We have audited the general purpose financial statements of the Ciry of Denton, Texas {the "City") as of
September 30, 1492, and for the year Ikea ended and have issued our report thereon dated December 18,
1992.
We conducted our audit in accordance with generally accepted auditing standards and Govertunent
Auditing Standards, issued try the Comptroller General of the United States. Those standards rey a that
we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial
statements are free of material misstatement.
Compliance with
City's manage ent reglations, contracts and grants
paartt of obtaining reasonable assurance about whether thegeneraurpose of the
financial statements are free of material misstatement, we performed testa of the City's compliance with
certain provisions of laws, regulations, contracts and grants. However, our objective was not to provide
an opinion on overall compliance with such provisions. Accordingly, we do not express such an opinion.
The results of our tests indicate that, with respect to the Items tested, the City complied, in all material
respects, with the provisions referred to in the preceding paragraph. With respect to items not tested,
nothing came to our attention that caused us to believe that the City had not complied, in all material
respects, with those provisions.
This Inten state agport
Thided for the
restriction is not Intended to limit the distribution of this reporrtt, which Is as matter of
public record. 1
December 18, 1992
Del~ttelouche
Tohmatsu
International
Deloitte &
e Touche
Su to 2330 ToIcj ,j,ie ;S17) 337 3300
801 Cherry SVUe't Fay.:c ~n to x,8171 315 2013
fort Wrnth, ie•as761g2 66,01
INDEPENDENT AUDITORS' REPORT ON THE INTERNAL CONTROL STRUCTURE BASED
ON THE AUDIT OF THE FINANCIAL STATEMENTS
The Honorable Mayor and Members of the City Council
City of Denton, Texas:
~ We have audited the general purpose financial statements of the City of Denton, Texas (the "City") as of
and for the year ended September 30.1992, and have issued our report thereon dated December 18, 1992.
We conducted our audit in accordance with generally accepted auditing standards and Government
Auditin Standards, issued by the Comptroller General of the United States. Those standards require that
we plan and perform the audit io obtain reasonable assurance about whether the general purpose financial
statements are free of material misstatement.
In planning and performing our audit of the general purpose futanciai statements of the City for the year
ended September 30,1992, we considered its internal control structure in order to determine our auditing
procedures for the purpose of expressing our opinion on the general purpose financial statements and not
to provide assurance oa the internal control structure.
The management of the City is responsible for establishing and maintaining the internal control structure.
In fulfi ing this responsibility, estimates and judgments by management are required to assess the
expected benefits and related costs of internal control structure policies and procedures. The objectives of
an internal control structure are to provide management with reasonable, but not absolute, assurance that
assets are safeguarded against loss from unauthorized use or disposition and that transactions are executed
in accordance with management's authorization and recorded properly to permit the preparation of general
purpose financial statements in accordance with generally accepted accounting principles. Because of
Inherent limitations in any Internal control structure, ersors or irrenilarides may nevertheless occur and
notbe detected Also, projection of any evaluation of the structure to future periods is subject to the risk
that procedures may become inadequate because of changes in conditions or that the effectiveness of the
design and operation of policies and procedures may deteriorate.
For the purpose of this report, we have classified the significant internal control structure policies and
procedures in the following categories:
Balings
• Receivables
• Cash receipts
• Purchasing and receiving
• Accounts payable
• Cash disbursements
• Payroll
Oeloittebuche
Tohmatsu
Intanational
s
I
r I
I
1
a Inventory control
• Property and equipment
• General ledger
• Compliance with laws and regulations related to the federal and stave financial assistance programs
For all of the internal control structure categories listed above, we obtained an understanding of the
design of relevant policies and procedures and whether they have been placed in operation, and we
assessed control risk.
Our consideration of the internal control structure would not necessarily disclose all matters in the
internal control structure that might be material weaknesses under standards established by the American
Institute of Certified Public Accountants. A material weakness is a reportable condition in which the
design or operation of one or more of the specific internal control structure elements does not reduce to a
relatively low level the risk that errors or irregularities in amounts that would be mat: iai in relation to the
' general purpose financial statements being audited may occur and not be detected within a timely period
by employees in the normal course of performing their assigned functions. We noted no matters
involving the internal control structure and its operation that we consider to be material weaknesses as
defined above.
However, we noted certain matters involving the internal control structure and its operation that we have
reported to the City's management In a separate letter dated December 18, 1992.
This report Is intended for the information of the City Council, management and appropriate federal a td
state agencies. This restriction is not intended to limit the distribution of this report, which Is a matter of
public record. n
December 18, 1992
-6.
I
Deloitte &
Touche
Suite 23,10 Te'ephone 18171 347 3300
801 Cherry Street facsunie 18171336 2013
Fort Worth, Texas 761026801 1
i
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE % TTH THE GENERAL
y REQUIREMENTS APPLICABLE TO FEDERAL FINANCIAL ASSISTANCE
i
The Honorable Mayor Pnd Members of the City Council
City of Demon, Texas
We have audited the general purpose financial statements of the City of Denton, Texas (the "City") for
the year ended September 30,1992, and have issued out report thereon date,. December 18, 1992. We
have also audited the City's compliance applicable to requirements of its major federal financial
assistance program and have issued our report thereon dated December 18, 1992.
We have applied procedures to test the City's compliance with the following requirements applicable to
each of its federal futandal assistance programs, which are identified in the schedule of federal and state
financial assistance, for the year ended September 30,1992:
a Political activity
a Davis -B ac on Ac I
a Civil rights
a Cash management
a Federal fuaancial reports
a Allowable costs/cost principles {
a Drug-Free Workplace AcI
a Administrative requirements
The requirement of relocation assistance and real property acquisition is not applicable to the federal
financial assistance programs, which are identified in the Schedule of Federal and Stare Financial
Assistance.
Our procedures were limited to the applicable procedures described in the Office of Management and
Budget's Compliance Su lemeni for Single Audits of State and Local Governments. Our procedures
were subsiantza y ess n scope than an audit, the objective o w ch is the express on of an opinion on
the City's compliance with the requirements listed in the preceding paragraph. Accordingly, we do not
express such an opinion.
With respect to the Items tested, the results of those procedures disclosed no material instances of
noncompliance with the requirements listed in the second paragraph of this report. With respect to Items
not tested, nothing came to our attention that caused us to believe that the City had not complied, In all
material respects, with those requirements,
r
DeloltteTOV O
Toluitatstl
International
-7
i
This report is intended for the information of the City Council, management and appropriate federal and
state agencies. This restriction is not intended to limit the distribution of this report, which is a matter of
public record.
December 18,1992
r
•8•
V7
4 i
I
0 Deloitte &
Touche ;
4 ou 2340 Tr Ii phone f8' 11 317-33 00
801 Cher,yShrei Fps, m'a 6171:38-:013
rorwaih Tu.,,is76101-EK1 1
i
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE WITH SPECIFIC II
REQUIREMENTS APPLICABLE TO MAJOR FEDERAL FINANCIAL ASSISTANCE
1
PROGRAMS
The Honorable Mayor and Members of the City Council
City of Denton, Texas!
We have audited the general purpose financial statements of the City o, Denton, Texas (the "City") for
r the year ended September 30, 1992, and have issued our report thereon dated December 18,1992.
We have audited the City's compliance with the requirements governing types of services allowed or
unallowed; eligibility; reporting; special tests and provisions related to the Community Development
Block Grant; and claims for advances and reimbursements that are applicable to its major federal
financial assistance program, which is identified in the accompanying schedule of federal and state
financial assistance, for the year ended September 30,1992. The management of the City is responsible
for City compliance with those requirements. Our responsibility is to express an opinion on compliance
with those requirements based on our audit.
We conducted our audit in accordance with generally accepted auditing standards, Government Auditing
Standards, issued by the Comptroller General of the United States, and Office of Management and Budget
Circular •129, "Audits of State and Local Governments," Those standards and OMB Circular A•128
require that we plan and perform the audit to obtain reasonable assurance about whether material
noncompliance with the requirements referred to above occurred. An audit includes examining, of a test
basis, evidence about City compliance with those requirements, We believe that out audit provides a
reasonable basis for our opinion.
In our opinion, the City complied, in all material respects, with the requirements governing types of
services allowed or unallowed; eligibility; reporting; special tests and provisions related to the
Community Development Block Grant; and claims for advances and reimbursements that are applicable
to its major federal financial assistance orogram for the year ended Septembc, 30, 1992.
Ills report is intended for the information of management and appro0we federal and state agencies.
This restriction Is not intended to limit the distribution of this report, wh!,h is a matter of public record.
December 18, 1992
Delcitto Tau-Cho
Tohmatsu
I tefnatitlnal
.9.
k
I
f
4
Deloitte &
ToRche
Sute 2340 T~I
H01 Cherr phpn„ (6171',iA7 3300
4 Sirecl Facy~rr, is 1917)336-2013
Fart 4'4'orth, roans 76102 6801
INDEPENDENT AUDITORS',:, ` ORT ON COMPLIANCE WITH RF,QUIRF,MENTS
APPLICABLE TO NONMAPL,- { I EDER.II, FINANCIAL ASSISTANCE PROGRAM
i TRANSACTIONS
The Honorable Mayor and l,fnr Rr< ;,r the City Council
city council or the City of.knion, Texas:
We have audited the general purpose financla; stoc.;nents of the City of Denton, Texas (the "City") for
the year ended September 30, 1992, and have issued ocr rerort thereon dated December 18, 1992. We
have alto audited the City's compliance applicable to requirements of its major federal financial
assistance program and applied procedures to test compliance with general requirements applicable to
federal financial assistanre programs and have Issued our reports thereon dated December 18, 1992.
In connection with our audit ortbe 1992 general purpose financial statements of the City and with our
consideration of the City's control structure used to administer federal financial assistance programs and
assessment of control risk, as required by Office of Manage.-ent and Budget Circular A•128, "Audits of
State and Local Govemments; we did not select for testing any transactions applicable to nonmajor
federal financial assistance programs for the year ended September 30, 1992.
Nothing came to our attention during our audit that caused us to believe that the City had not complied, in
alt materlat respects, with the requirements goveming types of enrvices allowed or unallowed; eligibility;
and special tests and provisions related to transactions applicable to nonmajor federal financial assistaxe
programs.
This report Is intended for the information of the City Council, management and appropriate federal and
state agencies. This restriction is not Intended to limit the distribution of this repott, which is a matter of
public `record.
December 18, 1992
Oelo6tteTnuoha
Tohmatsu
International
CITY OF DENTON, TEXAS
SCHEDULE OF FINDINGS AND QUESTIONED COSTS
YEAR ENDED SEPTEMBER 30, 1992
Questioned
Program Finding/Noncompliance Costs
CURRENT-YEAR
COMMENTS None
STATUS OF PRIOR.
YEAR COMMENTS None
-It•
Deloitte &
Touehe
ti~~~o 2340 r. (tr,u,,,, 181 11a4 7 3300
L HJI (liwpy S[u:et n81 71 130 2Q13
Fn+t VVoiti Te•as i~102 G~01
e INDEPENDENT AUDITORS' REPORT ON THE INTERNAL CONTROL STRUCTURE USED
IN ADMINISTERING FEDERAL FINANCIAL ASSISTANCE
The Honorable Mayor and Members of the City Council
City of Denton, Texas:
We have audited the general y ( y") as of
I ~ purpose financial statements of the city or Denton, Texas the "Cif
and for the year ended September 30, 1992, and have issued our report thereon dated December 18, 1992.
We have also audited the City's compliance with requirements applicable to its major federal financial
assistance program and have issued our report thereon dated December 18, 1992.
We conducted our audit in accordance with generally accepted auditing standards; Government Auditing
Standards, issued by the Comptroller General of the United States; and Office of management and
gu get (OMB) Circular A-128, Audits of State and Local Govemments. Those standards and OMB
Circular A•128 require that we plan and perform the audit to obtain reasonable assurance about whether
the general purpose financial statements ere free of material misstatement and about whether the City
complied with laws and regulations, noncompliance with which would be material to its major federal
financial assistance program.
In plaruiIng and performing our audits for the year ended September 30,1992, we considered the City's
internal control structure and assessed control risk in order to determine our auditing procedures for the
purpose of expressing our opinions on the City's general purpose financial statements and to report on the
internal control structure in accordance with OMB Circular A. 128, Thin report addresses our
consideration of intemal control structure policies and procedures relevant to compliance with
requirements applicable to federal financial assistance programs. We have addressed internal control
structure policies and procedures relevant to our audit of the general purpose fi.lanclal statements In a
separate report dated December 18, 1992.
T management of the City is responsible for establishing and maintaining an Internal control structure.
In fulfilling this responsibility, estimates and judgments by management are required to assess the
expected benefits and related costs of internal control structure policies and procedures, The objectives of
an intemal control structure are to provide management with reasonable, but not absolute, assurance that
assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in
accordance with management's authorization and recorded properly to permit the preparation of general
purpose financial statements in accordance with generally accepted accounting principles, and that federal
M financial assistance programs are managed in compliance with applicable laws end regulations. Because
of inherent limitations in any internal control structure, errors, irregularities, or instances of
noncompliance may nevertheless occur and not be detected. Also, projection of any evaluation of the
structure to future periods is subject to the risk that procedures may become inadequate because of
changes in conditions or that the effectiveness of the design and operation of policies and procedures may
deteriorate.
DeloHleTouche
Tohmatsu
International
12•
For the purfose of this report, we have classified the significant internal control structure policies and
procedures used in administering federal financial assistance programs in the following categories:
Accounting Applications
a Billings
a Receivables
a Cash receipts
a Purchasing and receiving
a Accounts payable
a Cash disbursements
e Payroll
a Inventory control
a Property and equipment
• Oeneral ledger
Controls u; ed in Administering Federal Programs
General Requirements
• Political activity
a Davis-Bacon Act
a Civil rights
p • Cash management
p • Federal finarcial reports
a Allowable cosis/cost principles
a Drug Free Workplace Act
a Administrative requirements
Specific [requirements
a Types of service
a eligibility
a Matching, level of effort or earmarks
• Reporting
a Special tequirements, if any
Claimi for advances and reimbursements
Amounts claimed or used for matching
For all of the internal control structure categories listed above, we obtained an understanding of the
design of relevant pol.cies and procedures and determined whether they have been placed in operation,
end we assessed control risk.
During the year ended September 30,1992, the City expended 66 percent of its total federal financial
assistance under major federal financial assistance programs,
We performed tests of controls, as required by OMB Circular A•128, to evaluate the effectiveness of the
design and operation of internal control stricture policies and procedures that we considered relevant to
preventing or detecting material now-mpliance with specific requirements, general requirements, and
requirements governing claims for advances and reimbursements and amounts claimed or used for
matching that are applicable to the City's major federal financial assiltance program, which Is identified
in the accompanying Schedule of Federal Financial Assistance, Our procedures were less in scope than
13 •
would be necessary to render an op nion on these internal control structure policies and procedures.
Accordingly, we do not express such an opinion,
Our consideration of the internal control structure policies and procedures used In administering federal
financial assistance would not necessarily disclose all matters In the Internal control structure that might
constitute material weaknesses under standards established by the American Institute of Certified Public
Accountants. A material weakness Is a condition In which the design or operations of one or more of the
internal control structure elements does not reduce to a relatively low level the risk that noncompliance
with laws and reguladons that would be material to a federal financial assistance program may occur and
not be detected within a timely period by employees in the normal course of performing their assigned
functions, We noted no matters Involving the internal control structure used in administering feder it
financial stfstame programs and its operations that we consider to be material weaknesses as deff fed
above.
We also noted matters involving the internal control structure and its operation based on our audit of the
general purpose financial statements which we reported to management of the City in a report dattd
Drxember 18, 1992.
This report Is intended solely for the use of the City Council, management; and appropriate federal and
state agencies and should not be used for any other purpose. This restriction Is rot Intended to limit the
distribution of this report, which Is a matter of public record.
~JW * l~
December 18, 1992
R
t4 •