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HomeMy WebLinkAbout03-16-1993 a i ! i i awNR TOW, PROPERTIES 15011 VALLEY CREI.K ROAD UENTON, TEXag L SITE, 10 J~ 0.4 LOT !0 BLOCK A , '~..IS 1NG 9• SAN ' ` FklST MANHOLE i i . ' "AjER,l1NE L l r- 1 f I ~ f f LOT 2P ~I+ r 1 BLOCK A f li 1' W. ti ,  U I ! ! L° I 1 1. \ II Nit PLOW S1AIENCNI MH NOT IMMY W1 }LMurn AM II II 1 IMMMMM 1 Lr Z~ ~ I re t 1 I tot 21 1 ~ r 01OCK A I ~ l I v 'J 's f I 1 'y F lU F~} I i y I TI ~ j i tO .Y ` II Y d Il . 1 I 4 ~J t I t •f. • _ ~ YY- L I• IMF n~ W i I I I -y LS I L t 1 I 4 W Y4 1 I ,u r i S! L 1 4 ~ir~,ti or tr ,-,~t~~!a'~~*•, ~ .yy .aba•riexl4hW:~M?~ niu yF``p~~Nf i~ .r 4- ,r , b ' A G` i`~ ~ ~~,q. d 1 F ~ i } ~ 4 V 1 i~ I j i LOT BLOC T cANr, f i N 0'46'25" E $5606 l I LOT 22 BLOCK A A m 300,00' J- ! 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Fasmt, ~ op OE - Drainage Eesmt, On Deed Records FCP w Fence Corner Post FH - Eire Hydrant PIP Found 1/?u Rebsr FNC Fence hND • Found C.p Light Pole MH manhole MON - Monument Pg Y Page PP Power Pole PA Plat Records x HOW - Right"of-way GROW WALi App - peal Prop Records ' o ze ao re ioo SIP - Sot 1/91 neber ~ - o "6-~ 10 ,to /C - Top of Curb30 UEz Utility tasmt Cl~~ k1t' CAI " UG - Underground VOL Volume - - Center ..,Los ~ - E1ecthe Lino - -Y Penca Line Y ?elopnona Line f I I i I I 1 ' t CITY COUNCIL AGENDA PACKET 1 MARCH 16, 1593 I I Ac" No _ 3 - 00 AWN AGENDA D* CITY OF DENTON CITY COUNCIL March 16, 1993 ` Work Session of the City of Denton City Council on Tuesday, March 16, 1993 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular session. 5:15 p.m. 1. Executive Session: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider action in Debbie S, wriaht v. City of Denton. 8. Real Estate Under See. 2(f), Art. 6252-17 V.A.T.S. 1. Consider acquisition of an option to purchase land near Foster Road. I C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. Receive an update and hold a discussion on the 091 Committee recommendations and give staff direction. 3. Receive a report and hold a discussion regarding Municipal Court of Record legislation and a proposed resolution directing the city Manager to submit a draft of this legislation to Representative Jim Horn regarding this matter to be introduced in the regular legislative session and give staff direction. Regular Meeting of the City of Denton City Council on Tuesday, March 16, 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: 1. Pledge of Allegiance 2. Consider approval of the minutes of the Regular Sessions of ' February 16, 1993 and March 21 1993. AW& NO City of Denton City Council Agenda c s March 16, 1993 Page 2 3. Presentation of Yard of the Month Awards. 4. Citizen Reports A. Receive a citizen report from Sheila Alexander regarding the payment of property taxes. 5. Receive and open bids regarding the City of Denton Utility System Revenue Bonds, Series 1993, $6,575,000. 6. Receive and open bids regarding the City of Denton General Obligation Bonds, Series 1993, $2,975,000. 7. Public Hearings A. Hold a public hearing to consider the preliminary and final replats of .316 acres of land proposed as Lot 30R, Block A, Oaks of Township II Addition. The site is located on the southoast corner of Canyon Court and Bayberry Court. (The Planning and Zoning Commission recommends approval.) B. Hold a public hearing with regard to the proposed annexation of 3.85 acres located east of I-35 and south of Milam Road. (A-61) 8. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton Utility System Revenue Bonds, Series 1993, and approving and authorizing instruments and procedures relating thereto. i 9. Consider adoption of an ordinance authorizing the issuance, sale, and delivery of City of Denton General Obligation Bonds, Series 1993, levying the tax to pay same, and approving and authorizing instruments and procedures relating thereto. i 10. 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. i L+.sted below are bids and purchases orders to he approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 11.A, 11.8). This listing is provided on the Consent Agenda to allow I 0* No r City of Denton City Council Agenda March 16, 1993 Page 3 1 Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid 01475 - Brush Truck 2. Bid 11471 - Civic Center/Swimming Pool Parking Lots 3. Bid 11467 - Fertilizer and Herbicides B. Tax Refunds 1. Joshua Feldstein - $678.81 2. Associates National Mortgage, Co. - $963.74 11. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (SO.A.I. - Bid 11475, 10.A.3. - Bid 01467) B. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (10.A.2. - Bid 01471) C. Consider adoption of an ordinance providing for the renaming of an east/west section of Mesa Drive to Barcelona Street. (The Historic Landmark Commission and the Planning and Zoning commission recommend approval.) D. Consider adoption of an ordinance providing for the renaming of an east/west section of Evers Parkway to Cobblestone Row. (The Historic Landmark Commission and the Planning and Zoning commission recommend approval.) E. Consider adoption of an ordinance approving settlement in litigation styled Fritz v. City of Denton. F. Consider adoption of an ordinance authorizing the filing ' of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended. ~4~rteaNo Aptnda Inrtt,~._,_-- City of Denton City Council Agenda March 16, 1993 Page 4 12. Resolutions A. consider approval of a resolution temporarily closing Avenue E, from Eagle Drive to Prairie Street; Highland Street, from Avenue E to Avenue C; and Avenue D, from Maple Street to Highland Street on March 27, 1993. e. consider approval of a resolution recognizing the public purposes served by the Tree Power Program. C. Consider approval of a resolution directing the City Manager to submit a draft of the Municipal Court of Record legislation to Representative Jim Horn regarding this matter to be introduced in the regular legislative session. 13. Consider appointments to the Human Services Committee. 14. Miscellaneous matters from the City Manager. 15. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 16. New Business This item provides a section for Council Members to suggest items for future agendas. 17, Executive Session: A. Legal Matters Under Sao. 2(e), Art, 6252-17 V.A.T,S. B. Real Estate Under See. 2(f), Art, 6252-17 V,A.T.S. C. Personnel/Board Appointments Under Sea. 2(g), Art, 6252-17 V.A.T.S. ApaedaNo panda I?mL_, Data ,LG_L3 City of Denton City Council Agenda March 16, 1993 Page 5 I 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.) CITI SECRETARY - NOTES 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 98 HOURS 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 SE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCOOOEE I ;XITY I I~•~lIi -I ~ COUCII I:a I ~~EI I i i I voll Q~p/ pf(~ 2 4 M A o t. Tll, ll.m i . I D W4 No - 9-3 9- 4911142 - t x- cirya DENTON, TEXAS_ MUNICIPAL BUILDING/ DENTON, TEXAS 76201 TELEPHONE(W)586-8307 Office of the City Manager M>✓MC7RANDLTM 1 f TOs Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager i I DATE: March 3, 1993 J SUHJECTr Update of 191 Committee Recommendations In February, we met with the 191 Committee to talk about two specific items. We talked about bonds that we had sold for drainage structures on Hobson and Mayhtll, and we also talked about l ISTEA projects. You will note from the back up that we talked about using the excess bond monies to repave portions of Hobson and Mayhill Road. Staff felt that this was in keeping with the spirit of the bond issues since it would be used for street paving adjacent to these structures. We will also request help from the county to pave Mayhtll since part of that road is in the county, if we are successful, we would be able to repave all of Mayhill from U.S. 380 to McKinney Street. If we are not, we would be able to repave approximately 2/3 of the road and we would suggest the area between Audra Lane and McKinney. Our funding on Hobson would not be enough to repave all of Hobson so we are suggesting repaving from the new drainage structure west to F.M. 1830. We could pave all of Hobson to its intersection with Teasley, if we use some of our maintenance money. If we do this, we would have to eliminate at least one of I the projects from our maintenance schedule. I have included this year's schedule. The projects with asterisks in front of them have J already boon completed. If the Council wishes to use more of our I maintenance money, the staff would recommend that this section of Hobson be added and the Angelina project be moved to the 193-194 year. The second issue we talked about was our success with the ISTEA projects and procedures. The attached chart shows we will need to fund approximately $300,000 worth of matching funds. In return, we will receive almost $29 million worth of improvements. That is about a 99 to 1 match which we are very excited about. As you can see from the back up, we have suggested that excess bond funds from the highway projects be used for these projects. You will note A" e0 aQ,~ai~~ys Lloyd V. Harrell ? March 3, 1993 Page 2 that in the first year, we need approximately $30,000. We all ready have that much money allocated and set aside. Approximately $33,000 was initially recommended by the '91 Committee to be used for a signal at Collins Street and Carroll Boulevard. We have the cost of that signal. included in the $1.5 million that were just sold to rebuild Fort Worth Drive from Carroll Boulevard to I-35E. Thetefore, we would be able to use this money as our match this first year. As the years continue on, we would be back seeking recommendations from the '91 Committee which would ultimately be given to the Council fur their consideration for future funding. Obviously, we all are very excited about the projects that are included in this list. We look forward to beginning these projects this year and moving forward with them. What we are asking for is that the Council approve these two strategies so that we can move forward with these two projects. If you or the Council has further questions, I would be happy to try and answer them at your convenience. Rick Sve la Deputy City Manager RSibw AMM0025D Attachments E h 1 V i 1 I i STREET MAINTENANCE PROJECTS (Second Phase) `A 1992-93 ~J STREET NAME FROM T4 SURFACE AREA SY +1 Angelina Cul de sac Angelina Bend 767 Angelina San Gabriel San Gabriel 5,983 Bell N Coronado Windsor Bryan oak 8,958 * Camden Court Londonderry Culldeusac 3,195 *Collins Johnson 334 US 77 831 Dennison Sherman us 380 1,260 Edgewood Cul de sac Cul de sac 21623 r'Exposit,Oak,Framo McKinney Hickory 21000 Hercules Stuart Sherman *Hickory W. Welch Carroll 5,217 *Johnson Dallas Dr Daugherty 9,740 * Kingswood Londonderry Culde sac 3,334 Laguna Stuart Sherman 5,100 Manhattan Stuart Sherman 5,084 Monterrey Stuart Sherman *Mulberry Ave A RR Tracks 5,250 Prairie W Ave E IH 359 ra (sell) 8,424 Sierra Stuart 7,600 *Windsor Bristol Dunes n 3,607 Dunes 23,489 • Current/Active TOTAL BY 1080885 Interest money ' 1993-94 Anna Channel Panhandle 1,650 Aileen Panhandle Bryan Cordell 60010 Oak scripture 3,195 College sell frame 20088 D Egan otsun Ft Worth Drive East End lolls Oreenln~ Malone Bryan 2,017 Avenue C i Oreenles Knight 135gService Rd 1,278 Headley, Hinkle Bolivar 1,523 Heather Lane Startford 1,047 Highland Welch Oxford 7,716 Highland Welch Ave A 2x:31 Highland Bernard 3,433 Bernard Carroll Blvd 4,333 Hopkins Drive Dallas Drive East End 6,063 Mesquite Headle♦ Windsor 3,820 Mimosa Bolivar Hinkle 11,674 Mission James East End 4,384 Morin o oaktree Tyler 9 , 9ami8ass RR Tracks Welch or Ave A 14,238 Londonderry 135 Second Oakland N. Locust 10725 Locust Elm 859 S Pennsylvania 135 Sunset set 11,271 Sun Valley Bolivar us 360 7,818 Taliferro Atlas 2,417 Locust Elm 660 TOTAL SY 117,255 Agenda No Agenda 11sn 'S D Data 9 3 ,el ciryofDENTON,TEXAS MUNiC1PAL BUQD1N0 / DENTON, TEXAS 76201 / TELEPHONE{8171588.8307 J Office of the City ti!snsper 1 MEMORANDUM ii TOt Members of the '91 Committee I ~ I FROMt Rick Svehla, Deputy City Manager. DATE: February 4, 1993 I SUBJECTS Update for Meeting of Wednesday, February 100 1993, at 7509 p.m. In the City Manager's Conference Room Last time we met, I did not think we would be meeting vary soon. However, a couple of things have occurred, and we wanted to keep you up to date and ask for your recommendation on sore other funding that we have available. Last year, we sold some bonds to do some culvert/bridge work on Mayhill Road at two locations and on Hobson Lane. I have attached a memorandum from Jerry Clark indicating that all of that work has been completed either by ourselves or jointly with the county. As you can see, from Jerry's memo, we have a sic;nificant amount of funds left from each project. The reason we nave the funds left from the Hobson project is because of the city's acquisition of the land north of this culvert. As you all know, that will be a future recreational area and the runoff will be significantly smaller than what we thought when we originally sold the bonds and were designing the culvert. Thus, we have $310:J0 left from the project. What we would like to recommend is that we take this money and repave a major portion of Hobson Lane. Jerry has estimated that we would be able to repave Hobson from Country Club Road east all the way to Forrestridge Drive. Thus, we would refurbish approximately two thirds of Hobson Lane. The other two projects were on Mayhill Road. The county I temporarily fixed the crossing to the north, just south of University Drive, on Cooper Creek) and we fixed the crossing just k south of McKinney on Pecan Creek. Again, as you can see from Jerry's memo, we have been successful in staying under budget. The northern crossing is just a temporary crossing. However, in the third year of the state's federal highway planning document, this bridge will be rebuilt to state standards. At any rate, as you can see from Jerry's memo, we have a substantial amount of money here also. We would suggest to you that those funds be used to repave i 1 apsnds No _ ac '91 Committee February 4, 1993 Page 2 a large section of Mayhill. Since Mayhill is in the county and in the city, we would propose to seek some funding from the county also as indicated in Jerry's numbers. By using our bond money plus the county's, we would be able to repave Mayhill Road from McKinney all the way north to University. We would suggest that also. The second item concerns a visit we had with the TXDOT people in Dallas at the District 18 office. This past Monday, Jerry and I visited with John Blain and other members of his staff to talk about the federal and state funding plan. We were very pleased w ith the meeting. I have attached a listing of all the projects we have numbernofhprojectsna and our cost will be very m~inIt Is imal. a At substantial the last meeting, we talked about using some of our extra highway bond funding capabilities since it appears that none of those bonds will be required. We would suggest using a small portion of those for i the signals and turn lanes that are included in this list. Those were not included in tho original bond issuoso however, they would greatly enhance our traffic moving capability and are obviously a very good deal in terms of federal and state marches for us. We would suggest using money that is all ready sold. You may recall, bonds were sold last year for Fort Worth Drive and some other facilities. We do not see using all of the Fort Worth Drive money this coming year, and therefore, we could use part of those bonds that are all ready sold. If we needed more money for the Fort Worth drive project, then more of the excess highway bonds could be sold in future years. These are the two issues that we wanted to visit with you about. We would hope that the meeting would be very short so that we would not, keep you from other activities you might have to schedule. If there e jny questions, please call me at your convenience. Rick 5ve a Deputy City Manager 78ibw j AMM00237 Attachments I r W0. Agertdi No .._._1 .1 CITY of DENTON, TEXAS MUN1CfPAL BUILDING / 215 E. A)cKINNEY / DENTON, TEXAS 76201 _ MEMORANDUM I DATE: February 2, 1993 TO: ~ Rick svehla, Deputy city Manager FROM: Jerry Clark, Director of Engineering S Transp SUBJECT: 91 Committee Issues is: Hobson, Mayhill The bridges on Hobson Lane and Mayhill Road are now complete or will be funded by the State. Details are as follows: 1. Mayhill at Pecan Creek We replaced the two deteriorated 96" CMPS with 3 new 96" CMP's and add,ad headwalls. The design is now functional, effective, and has increased capacity. Recent rains have not topped the road which used to happen regularly for the previous condition. We also eliminated the problem of low flows under the culverts which hurt the road subgrade. 2. Hobson Lane at Fletcher Branch The existing 2 (66") CMP's were replaced by a 6' x 10' box cL. ert with headwalls and elope protection. 3. Mayhill Road at Cooper Creek A temporary replacement of 2 (96") CMP's is in place. A replacement bridge is now in place in the Texas Department of Transportation Transportation Improvement Plan (TIP). It is scheduled for fiscal year 95 (year 3) as part of the State/F%;Aeral Bridge Safety/Replacement program. The projects listed on page III-58 on the TIP. The original budgets and expenditures for the three bridges were as follower BUDGET $XPEND a) Mayhill @ Pecan Creek $ 15,000 $21,605 b) Hobson @ Fletcher $115,000 $Pl,534 Contract - TRIDAL $ 65,615 Capitalired Labor $ 12,915 Machine shop S 5.000 S 83,534 8171566.8200 D/FW ME lR0 4134.2529 - 1 A08nda Na (j ` A08nda ltem ,,,~,ca',_ ' Rick Svehln Dale ;1 - 91 Committee Page 2 f BUDGET { EXPEND C) Mayhili @ Cooper Creek $ 60,000 $ 8,949 1/2 of total tort $120,000 City/Cty 50/50 Funds remaining Ma hill ~ Y $ 51,000 Hobson $31,500 TOTAL $82,500 k f We would propose the funds be expended as follower 1) Hobson Lane Repave Hobson from Forrestridge to FM 1830 Ih Square Yards 10,519 City Cost $31,558 TOTAL $31,558 2) Hayh111 Road Repave Mayhill from US 380 to McKinney Street and rebuild existing narrow box culvert Square Yards . 22,673 Sy $70,000 Rebuild Box Culvert $10,000 City Cost County participation Proposed $30,000 I TOTAL $800000 $60,000 This proposal spends the money from these certificates of obligations in the area approved for funding by City Council. All drainage structures are now adequate or will be replaced in 3-5 year time period. Safe passage during storms and riding surface quality will or has been significantly improved to good or better. I 'TerfY C` r .E. 1 . AEEOOID8 ' 1 i I 1 J COMPAF2 =SON TYPE LOMTION FEDERAL/ LOCAL YEAR STATE RTL Bell/McKinney - SB $12,000 $3,000 1 RTL Carroll/U.S. 380 - NB $16,000 $4,000 1 SIG Loop 288/Hall $92,000 0 1 LTL Willow Springs/U.S. 77 - S8 $12,000 0 1 SIG 1-35E @ F.M. 1515 $106,000 0 1 SIG I-35 @ U.S. 77 _ $111,000 0 1 COORD-SIG U.S. 380 from I-35 to $40,000• 0 1 Loo 288 SIG U.S. 377 0 U.S. 77 $90,000 $22,000 1 and Collins FIRST YEAR TOTAL $479,000 $29,000 ' Amount to be adjusted administratively by Coo to $50,000. TYPE LOCATION FEDERAL/ LOCAL YEAR _ STIV, X OPTICOM Opticom - Bell, Carroll, $60,000 $15,000 2 Locust/Elm LTL-2 ea. Eagle/Bernard - EB/WB $100,000 $25,000 2 ROAD F.M. 2181 $6,285,000 $5,000 2 BROONO YAAR TOTAL $6,445,000 $45,000 AMM00238 \ 2/5/93 n COMPARISON PACE 2 LOCATION FEDERAL/ LOCAL YEAR STATE SIC U.S. 380 @ Loop 288 $106,000 0 3 RTL U.S. 380 @ Bell- WB 3 $60,000 $19,000 RTL Ea le/Welsh - HB 3 LTL 14a11/Mc1(Lnne - NS $152,000 $38,000 3 BRIDGE Mayhill Road 0 Cooper Creek $166,000 $41,000* 3 THIRD YEAR TOTAL $457,000 $78,000 $41,000 split between county and city. NO PROJECTS IN FOURTH YEAR TYPE LOCATION FEDERAL/ LOCAL YEAR STATE RTL U.S. 380 @ U.S. 77 - ED $238,000 $`--6,000 5/6 RTL-2 ea. U.S. 3e0 @ Bonnie Brae - EB/WB LTL Eagle @ Ave. A - WB LTL-2 ea. Eagle @ Ave. C - ES/WB RTL Bell/Eagle/S3 OPTICOM FM 426/FM428/US 77 FIFTH AND SIXTH YEAR TOTAL $238,000 $56,000 AMM00238 2/5/93 VJ ~ 1 Comparison Page 3 i TYPE LOCATION FEDERAL/ LOCAL YEAR STATE BRIDGES I-35E @ U.S. 377 $676,000 0 7,8,9 $442,000 ROAD Loop 288 $9,203,000 $13,000 7,8,9 U.S. 380 to I-35E ROAD U.S. 380 $10,318,000 $75,000 7,8,9 Loop 288 to U.S. 77 FEASIBILITY F.H. 2499 $171,000* 7,8,9 ROAD F.M. 407 to I-35E FEASIBILITY Loop 288 $327,000 0 7,8,9 ROAD I-353 to F.H. 2181 FEASIBILITY Loop 2B8 $160,0,10 0 ROAD I-353 to Spencer Road EVENTS, EIGHTH, AND NINTV $21,297,000 $8B000 YEAR TOTAL r 1 County funds - try to move this project to earliest possible date sUce funding not by state. 1 ~I i GRAND TOTAL (All 9 Years) $28,916,000 $296,000 LJ i ti AW00238 2/5/93 n 0 O I ~r r H i-.Y1 1h1 11~ N 1 #~Y FFCIT ~rtkit t + .t,..,. r .f$ COUNCIL k.+ 'µ1y ~{I t1 11'r-j[~-i `t ----l t i ~I1 't to f I I a k i i i V lk ~ } p O C 1 O~pp C XXX 0 e Ar0 nuzr: . ? W_ -~Wqw AOKI&14 CUS *_3 r~c OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: The Honorable Mayor and Members of the City ^.ouncil r FROM: Tanya Cooper, Assistant City Attorney SUBJECT: Draft of Proposed Legislation for a Municipal Court of Record in the City of Denton i DATE: March 12, 1993 Attached for your consideration is a draft of proposed legislation which would create a Municipal Court of Record in the City of Denton. This bill is substantially the same as legislation which as been recently introduced by Representative Ben Campbell on be- half of the City of Carrollton. Representative Campbell has also indicated his willingness to introduce this type of legislation on behalf of r.he City of Denton. As most of tou may remember, in the last regular session of the legislature, the City of Denton attempted to secure passage of a bill which would have created a Municipal Court of Record. This bill, introduced by Representative Jim Horn passed the house but died in a Senate Committee. The draft under ycur consideration now differs from the previous submission in only one section. The section which provides for a court reporter has been amended to also allow for the recording of proceedings by a reliable recording device without the requirement of a court reporter's actual pres- ence in court and provides for the preparation a transcript from this record. This should be a cost saving measure which would be beneficial to the city in reducing the time which a court report- er's services would be need. i will be happy to address any questions which you may have regard- ing this matter and will await your instruction in this regard. if you approve the resolution, we will work with Lloyd and Representa- tives Campbell and Horn and Senator Nelson to introduce the bill. C I~ ( Tanya A. Cooper TC:br Attachment pc: Lloyd V. Harrell, Cityy Manager (memo only) 'Dedical.d to Quality Srrvly' t DvW The Honorable Mayor and Members of the City Council March 12, 1993 Page 2 APPROVED: ILL Debra A. DrayovitC 1 I I i Ej\WPDOCS\WORR\COVRT.M J Et\WPDOCS\ORD\MUNICT.O apenda4em ._~c~~ 3 RESOLUTION NO. I' A RESOLUTION SUPPORTING LEGISLATION TO CREATE A MUNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the creation of a Municipal Court of Record would pro- vide a more efficient means to dispose of cases arising in the City II of Denton; and I WHEREAS, the creation of a Municipal Court of Record for the h City of Denton would ease the volume of cases requiring hearings in courts of higher jurisdiction; and ~ i WHEREAS, a more efficient means to dispose of cases arising in the City of Denton would benefit the citizens of the City of Denton by providing a speedy resolution to cases filed in the Municipal k Court; and WHEREAS, the creation of a Municipal Court of Record would pro- mote more efficient law enforcement with respect to Class C mis- demeanor offenses arising in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION 1. That the City of Denton, Texas, supports the pro- posed legislation which will be similar to the provisions of the legislation attached in Exhibit A and made a part hereof, to create a Municipal Court of Record for the City of Denton and expresses appreciation to Representative Ben Campbell for his efforts on be- half of the City of Denton in creation of said Court. SECTION II. That the City Secretary is hereby directed to for- ward a copy of this resolution to Representative Ben Campbell, Representative Jim Horn and Senator Jane Nelson. SECTION III. That the Texas Legislature be requested to give early consideration and approval of the legislation creating a Municipal Court of Record for the City of Denton, Texas. SECTIQN IV. This resolution shall take effect immediately from , and after its passage. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR Page 1 AQenOa N0. l ~ - c ~ { Agenda ltam ui' 9 t3 ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: v APPROVED AS TO LEGAL FORM: DEBRA A, DRAYOVITCH, CITY ATTORNEY BY: ter " I Page 2 Agen~aNa ~ f ' 1 A BILL TO BE ENTITLED AN ACT relating to the creation of municipal courts of record in Denton. BE IT EITACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 300 Government Code, is amended by adding Subchapter V to read as follows: I SUBCHAPTER _ DENTON Sec. APPLICATION. This subchapter applies to the City of Denton, Sec. CREATION. (a) The j governing by ordinance create a municipal ourtof o record hifciit determines that the formation of the court is necessary to provide a more efficient disposition of cases arising in the city. The governing body may by ordinance determine the number of municipal courts of record that are required to dispose of the cases and may establish as many as are needed. The ordinance establishing the courts must give each court a numerical designation, beginning with "Municipal Court No. 1,,, On c on of governing bodyroftthe city hshall tdetermine the method of selecting the judge of a municipal court of record by; (1) adopting an ordinance that provides for the appointment of a municipal judge by the governing body of the city; of a municipal adopting an ordinance that provides for the election P judge by the qualified voters of the city; or (3) ordering an election in which the qualified voters of the city determine whether a municipal judge is appointed by the governing body of the city or elected. (c) A municipal court of record jay not exist concurrently ` with municipal courts that are not cou-,ts of record in the city, (d) A municipal court of record has no terms and may sit at any time for the tranaaction of business of the court. Sec. JURISDICTION. created under this subchapterhas A municipal court of record uri territorial limits of the city in all crimi al cases narisingnunder the the ordinances of the city. a Da le_~.' /L/c_ 3 7 t~~3 (b) The court has concurrent jurisdiction with a justice of the peace in any precinct in which the city is located in criminal cases within the justice court jurisdiction that: (1) arise within the territorial limits of the city; and (2) are punishable by fine only. (c) The court has jurisdiction over cases arising outside the territorial limits of the city under ordinances authorized by Section 215.072, 217.042, 341.903, or 401.002, Local Government Code. Sec. WRIT POWER. The judge of a municipal court of record created under this subchapter may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of habeas corpus in cases in which the offense charged is within the jurisdiction of the court. i Sec. APPLICATION OF OTHER LAWS. The general law regarding municipal courts of record, the general law regarding justice courts on matters not covered by the law regarding municipal courts, and any charter provision or ordinance the city relating to the municipal court apply to a municipal court of record unless the law, charter provision, or ordinance is in conflict or inconsistent with this subchapter. Sec. JUDGE. (a) A municipal court of record is presided over by a municipal judge. The municipal judge must be a licensed attorney in good standing in this state. The judge must be a citizen of the United States and resident of this state but need not be a resident of the city. The municipal judge shall devote full time to the duties of the office as necessary. (b) If more than one municipal court of record is created, judges of each municipal court of record may at any time exchange benches and sit and act for each other in any pending case, matter, or proceeding. (c) A municipal judge is entitled to receive a salary and other benefits set by the governing body of the city. The judge's salary may not he diminished during the term of office. The salary may not be based directly or indirectly on fines, fees, or other costs that the municipal judge is required by law to collect during a term of office. Sec. VACANCIES; TEMPORARY REPLACEMENT; REMOVAL. (a) If a vacancy occurs in the office of municipal judge, the governing body of the city shall appoint a qualified person to fill the office for the remainder of the unexpired term. PAGE 2 i I Ap nn No Agenda flea, _A ~ Date. 1 (b) The governing body of the city may appoint persons as ' relief municipal judges, who shall be known as 'assistant municipal 1 judges. It As assistant judge must meet the qualifications prescribed for the municipal judge. The governing body shall set the compensation of the assistant judges. The municipal judge may assign an assistant judge to act for a municipal judge who is temporarily unable to act for any reason. As assistant judge has all the powers and duties of the office while acting for the municipal judge. I (c) A municipal judge or assistant municipal judge may be removed from office in the manner prescribed for removal of a county court at law judge. Sec. CLERK; OTHER PERSONNEL. (a) The city manager shall appoint a clerk of the municipal court of record who shall be known as the 'municipal court clerk." (b) The clerk or the clerk's deputies shall keep the records of the municipal courts of record, issue process, and generally perform the duties for the court that a clerk of the county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with statutes, city charter, and city ordinances. the remove the ofpersonnel authorized in the city's annual budget direct, for and fice. i Sec. COURT REPORTER. (a) The city shall provide a court reporter for the purpose of preserving a record in cases tried before the municipal court of record. The clerk of the court shall appoint the court reporter, who must meet the qualifications provided by law for official court reporters. (b) The clerk may provide that, instead of providing a court reporter at trial, proceedings in a municipal court of record may be recorded by a good quality electronic recording dovice. if the recording device is used, the court reporter need not be present at the trial to certify the statement of facts. The proceedings that are appealed shall be transcribed from the recording by an official , court reporter. recording equipment may use written equipment, The of ,those transmethodcribing or a combination notes, to record the proceedings of the court. The court reporter shall keep the record for a 20-day period beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. a cased unleThe court ss the judge or one of the parties requests airecord. PAGE 3 i AQendaMo ~ 93 -X01.__ Agenda llersL__~~'~ 'DY3 Dele 3 !Gw A party's request for a record must be in writing and filed with the court before trial. (e) The court reporter shall certify the official record. 1 Sec. PROSECUTION BY CITY ATTORNEY. All prosecutions in the municipal court of record must be conducted by the city attorney or an assistant or deputy city attorney. Sec. COMPLAINT, PLEADING. (a) A proceeding in a municipal court of record commences with the filing of a complaint. A complaint must begin "in the name and by authority of the State of TexasOl and must conclude "Against the peace and dignity of the State." i (b) Complaints must comply with Article 45.17, Code of criminal Procedure. (c) Pleadings must be in writing and filed with the municipal court clerk. Sec. JURY. (a) A person brought before the municipal court and charged with an offense is entitled to be tried lywa jury of six persons, unless that right is waived according to , + (b) A juror for the municipal court must have the qualifications required of jurors by law and must be a resident of the city. (c) A juror is entitled to receive the compensation for each day and each fraction of the day in attendance on a municipal court of record jury as provided by Chapter 61. (d) The municipal court shall establish a fair, impartial, and objective juror selection process. Sec. COURT RULES. (a) Except as modified by this subchapter, the Code of Criminal Procedure as applied to county courts at law governs the trial of cases before municipal courts of records. (b) Bonds must be payable to the mate for the use and benefit of the city. The court may not assess court costs other than warrant fees, capias fees, and other fees authorized for municipal courts. (c) A peace officer may serve a process issued by a municipal court of record. (d) On conviction, judgment and sentence are in the name of PAGE 4 Agomda No AAendailent _ * / j lJ the state, and the state recovers from the defendant the fine and fees for the use and benefit of the city. The court may required that the defendant remain in the custody of the chief of police until the fines and costs are paid and shall order the execution issue to collect the fines and penalties. (e) Fines, fees, costs, and bonds shall be paid to the municipal court clerk, who shall deposit them in the city general fund. Sec. APPEAL. (a) A defendant has the right of appeal from a judgment of conviction in a municipal court of record as provided by this subchapter. The state has the right to an appeal as provided by Article 44.01, Code of Criminal Procedure. The Denton County courts at Law shall be the initial courts for appellate review of cases from the municipal court of record and shall hear all appeals except in cases in which the county courts do not have jurisdiction of an appeal from a justice court, in which case the appeal shall be heard by the court that has juris- diction of an appeal from the justice court. (b) The appellate court shall determine each appeal from a municipal court of record conviction on the basis of the errors that are set forth in the defendant's motion for new trial and that are presented in the transcript and statement of facts prepared from the proceedings leading to the conviction. An appeal from the municipal court of record may not be by trial de novo. (c) To perfect an appeal, the defendant must file a motion for new trial not later than the 10th day after the date on which the judgment and sentence are rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record. The motion constitutes the assignments of error on appeal. A ground or error not set forth in the motion is waived. If the curt does not act on the motion before the expiration of 30 days after it is filed with the clerk, the motion is overruled by operation of law. (d) After an order overruling a motion for new trial, the defendant shall give written notice of appeal and pay the transcript preparation fee not later that the 10th day after the date on which the motion is overruled. The governing body shall set a reasonable transcript preparation fee not to exceed $25. The ' clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the defendant. (e) The city attorney or the assistant or deputy city attorney shall prosecute all appeals from the municipal courts of record. PAGE 5 AgWa No Agendaltamt.___ Date _-2 /J l Sec. APPEAL BOND; RECORD ON APPEAL. (a) If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the 10th day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. (b) The appeal bond must be in the amount of $50 or double the amount of fines and costs adjudged against the defendant, whichever is greater. The bond must be payable to the state for I the use and benefit of the city and must be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken. (c) The record on appeal consists of a transcript and, if necessary to appeal, a statement of facts. The court reporter shall prepare the record from the reporter's record or mechanical recordings of the proceedings. The defendant shall pay for the cost of the transcription. if the court finds that the defendant is unable to pay or give security for the record on appeal after a hearing in response to an affidavit by the defendant, the court shall order the reporter to prepare the record without charge to the defendant. If the case is reversed on appeal, the court shall promptly refund the cost to the defendant. Sec. TRANSCRIPT. (a) The clerk of the municipal, court of record shall prepare under his hand and the seal of the court a transcript of the proceedings in the municipal court of record after payment of the transcript preparation fee under Section The clerk shall prepare the transcript under written instructions from the defendant or the defendant's attorney. Unless otherwise agreed by the parties in writing, the transcript must include a copy of: (1) the complaint; (2) court orders on any motions or exceptions; (3) the judgment; (4) the verdict of the jury; (5) any findings of fact or conclusions of law made by the court; (6) the motion for new trial and the order of the court on the motion; (7) the notice of appeal; PAGE 6 I (8) any statement of the parties regarding material to be included in the record; (9) the appeal bond; and (10) any signed paper designated as material by either party. (b) The defendant or the defendant's attorney shall file a copy of the written instructions with the clerk and shall deliver a copy to the city attorney. (c) The city attorney shall file a written direction to the clerk if additional portions of the trial proceedings in the transcript are to be included. ~ Sec. STATEMENT OF FACTS. (a) A statement of facts included in the record on appeal must contain: (1) a transcription of all or any part of the municipal court of record proceedings in the case as recorded on the electronic recording device or shown by the notes of the court reporter recorded or taken before, during, or after the trial, if the transcription is requested by a party, a party's attorney, or the municipal judge; (2) a brief statement of the facts of the case proven at the trial as agreed to by the defendant or the defendant's attorney and the prosecuting attorneys or (3) a partial transcription and the agreed statement of the facts of the case. (b) The court reporter shall transcribe in duplicate any portion of the recorded proceedings or the notes of the court proceedings in the case at the request of either party or the municipal judge. The defendant shall pay for the transcription unless the court finds, after hearing in response to an affidavit by the defendant, that the defendant is unable to pay or give security for the transcriptions. On certification by the court that the court reporter has rendered the service without charge to the defendant, the court reporter shall be paid for the services by the city. sec. TRANSFER OF RECORD; FEE. The parties must file 1 the transcript and the statement of facts with the clerk of the municipal court of record not later than the 60th day after the date or: which the transcript preparation fee was paid. The clerk shall promptly forward them to the appellate court clerk. See. BRIEF ON APPEAL. (a) The defendant must file PAGE 7 Agandalterrt Date. 11c_1 / /3 a brief on appeal with the appellate court clerk not later than the 15th day after the date on which the transcript and statement of facts are filed with that clerk. (b) The city attorney must file appellee's Grief with the appellate court clerk not later than the 15th day after the date on which the defendant's brief is filed. (c) To avctd unnecessary delay, the record and briefs on appeal shall be limited as far as possible to the questions relied on for reversal. (d) on filing, each party shall deliver a copy of the brief to the opposing counsel. Sec. PROCEDURE; DIsposvTroN OF APPEAL. (a) The appellate court shall hear appeals fro:. the municipal court of record at the earliest possible time with due regard to the rights of the parties and the proper administration of justice. The court may determine the rules for oral argument. The case may be submitted on the recked and briefs without oral argument. (b) According to the law and the nature of the case, the appellate court may: (1) affirm the judgment of the municipal court of record; (2) reverse and remand for a new trial; (3) reverse and dismiss the case; or (4) reform and correct the judgment. (c) Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the transcript or the statement of facts, the appellate court shall presume that: (1) venue was proven in the trial court; (2) the jury, if any, was properly impaneled and sworn; (3) the d3fendant was arraigned and pleaded to the ' complaint; and (4) the municipal judge certified the charge and the clerk filed the charge before it was read to the jury. (d) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or PAGE 8 4 Ap3ndaNo Agenda 11errL Date _ ✓_le.:L overruling each assignment of error presented. The court need not give a reason for overruling an assignment of error, but it may cite the cases on which it relied. If an assignment of error is sustained, the court shall set forth the reasons for the decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered. Sec. CERTIFICATE OF APPELLATE PROCEEDINGS. When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the judgment and shall mail the certificate to the clerk of the municipal court of record. When the clerk of the municipal court of record receives the record, the clerk shall file the record with the papers in the case j and note the filing on the docket of the municipal court of record. If the municipal court of record judgment is affirmed, further action to enforce the judgment is not necessary except to: (1) forfeit the bond of the defendant; (2) issue a writ of capias of the defendant; or (3) issue an execution against the defendant's property. Sec. EFFECT OF ORDER OF NEW TRIAL. If the appellate court awards a new trial to the defendant, the case stands as if a new trial had been granted by the municipal court of record. Sec. APPEAL TO THE COURT OF APPEALS. An a the appellate court decision to the court of a ppeal of the Code of Criminal Procedure, except that the transcript,,ebriefs,~ and statement of facts filed in the appellate court constitute the transcript, briefs, and statement of facts an appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise. SECTION 2. The importance of this legislation and the crowed condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act take effect and be in force from and after its passage, and it is ' so enacted. i Es\WPD0rS\W0RX\B1LL.F 1 PAGE 9 I J ♦ lH Is~:Y:.::..., ' rtfill C 0 U N CIL a _j of b 4t l y 1 f 0 C, % 0 ul, s un: e ~J )s OL4~~oo. z.~ Na CITY OF DENTON CITY COUNCIL MINUTES February 16, 1993 X 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 Brcck, Chew, Perry, Smith and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss legal matters (considered action in litigation styled Fritz v. City of Denton, considered action in litigation styled Hunter v. City_Qf e to , considered action in In Re: Flow), real estate (considered acquisition of an option to purchase land on Foster Road), and personnel/board appointments. 2. The Council received a report and held a discussion regarding the regulatory framework for the Community Development Block Grant and HOME program.. Lloyd Harrell, City Manager, stated that several weeks ago Council had asked for a briefing regarding the Community Development Block Grant Program and the HOME program and the rules and regulations governing the use of funds. Barbara Ross, Community Development Coordinator, stated that there was a citizen participation requirement under CDBG guidelines. The requirement was to have at least one public hearing regarding funding. This past year there had been two public hearings. At the public hearing, it was required to provide information regarding the amount of funds available and how the citizens would like to see the funds used. Information must also be provided on how the funds were used in the past. Comments from the citizens were provided to the CDBG Committee and to the Council. The regulations require that citizen comments be taken into consideration when allocating the funds. Council Member Miller asked how many people attended the public hearings. Ross replied approximately 20 at both sessions. Less than five of those twenty were actual residents of the neighborhoods. Notices were sent out and in one neighborhood, flyers were places on the residences in an attempt to get more citizen involvement. Council Member Brock asked if the notices were only in English. Ross replied no that the notices were in English and Spanish and a translator was available if needed. Ross continued with the national objectives which included elimination of alum and blight, meeting an urgent community need or be a benefit to low and very low income families. Seventy percent of the funds must be spent tote =='!::L'. I City of Denton City Council Minutes February 16, 1993 Page 2 1 for low to moderate income families. Eligible acquisition of real property, disposition, public facilities and improvements, private owned ;itilities, clearance, public services (151 cap), interim assistance, relocation, and loss of rental income. Council Member Brock asked for examples of public services. Ross replied those would include service agencies such as HOPE, Kid Connection at MLK, and the Pre-Natal Clinic. Additional eligible activities included removal of architectural barriers, housing rehabilitation, new housing construction, code enforcement, historic preservation, commercial or industrial rehabilitation, special economic development, home ownership assistance, planning and capacity building, and program administration. Council Member Perry asked if there was a carryover into other areas or duplicating other activities such as in economic development. Ross replied that economic development with CDBG dollars would have to be used for job creation for low income individuals. City Manager Harrell stated that the businesses would have to demonstrate that they were creating jobs for low income individuals. Ross replied that HUD was encouraging micro industries which would be assisting low income individuals to begin their own businesses. She continued with the reporting requirements which included CHAS, GPR, labor relations, MBE & WBE, Federal Transaction Report. HUD j monitoring included rehabilitation, financial programmatic, environmental, fair housing, labor relations, and state programs. Ross detailed a chart of the expenditures for the department and a chart comparison with other area cities on how CDBG funds were used. The City currently did not have any funds available for the HOME program. Activities included acquisition, new construction, j reconstruction, moderate and substantial rehabilitation. The City ' was not a participating jurisdiction and thus received funds from the State rather than from the Federal government. Eligible activities included acquisition, new construction, reconstruction and rehabilitation. HOME matching requirements included a 251 match for rental assistance and rehabilitation and a 301 match for new construction. Forms of the match included cash contributions from nonfederal resources, value of fees, taxes, etc. that were waived, value of land or real property, infrastructure investment, value of site preparation, construction materials donated or voluntary labor. Restrictionslaffordability requirements included 1 .!Z--AgendalWL. V [ale _Y Al L21- City of Denton city council Minutes February 16, 1993 Page 3 the requirement that with rehabilitation or acquisition of existing rental housing, the period of affordability varied depending on the per unit subsidy amount. Under $25,000 was 5 years, $15,000 - $40,000 was for 10 years and over $40,000 was for 15 years. For new construction or acquisition of newly constructed owner occupied housing, the unit must remain affordable for 20 i years. City Manager Harrell stated that Council might want to discuss at a future meeting the procedures used in the past for funding decisions and determine if they wanted to make any changes in those procedures. 3. The Council received a report and held a discussion regarding the application of the City's Subdivision and Land Development regulations within the Extraterritorial Jurisdiction and gave staff direction. Harry Persuad, Senior Planner, stated that the current extraterritorial jurisdiction of the city extended for three and one half miles from the corporate city limits. The ETJ line extended beyond the "Greater Denton Planning Area" as defined by ` the Denton Development Plan. The ETJ line also extended beyond the If area (Certificate of Convenience and Necessity) for which the City was authorized to provide water and wastewater service. It was proposed to divide the ETJ into two areas. Division I would be an area outside the city limits. Division II would be outside the boundaries of Division I. The City subdivision regulations would I apply to the city area and to the area immediately outside the City limits within regulatory line. The Denton County platting and subdivision standards would apply to the outlying areas. There were three reasons associated with this proposal. The first was based on an estimate of the City's population in the year 2020. The Greater Denton Planning Area would accommodate a total population of 182,592. This figure was in excess of the 2020 linehad population the projection. capacity based r on within current the standards regulatory density proposed adequately accommodate future development at least to the year 2025. A second reason dealt with the development horizon in the ETJ. If development were not going to occur until twenty to thirty years from now, most of the paving, drainage and other facility/service infrastructures might need to be upgraded, repaired or replaced even when constructed in accordance with City specifications. A third consideration dealt with the fact that certain areas located in the ETJ might never be incorporated in the City in the future. Due to a time constraint, this item was continued during the Regular Session under Miscellaneous Matters from the City Manager. Agenda bars(,. iL A-1? City of Denton city council minutes 018_ 3 i-- - Feebuary 16, 1993 Page J 4. The Council received a report and held a discussion regarding activities involved in preparation for the 1986 bond election. This item was considered during the Regular Session under Miscellaneous Matters from the City Manager. r The council convened into the Regular Session at 7:00 p.m. in the Council Chambers. I 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 considered approval of the minutes of the Planning Session of January 12, 1993, the Regular Meeting of January 19, 1993 and the Work Session of January 26, 1993. Hopkins motioned, Smith seconded to approve the minutes as presented. on roll vote, Brock "aye", Miller "aye", Hopkins "aye's, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. The council considered approval of a Resolution of Appreciation for Paul Beadle. The following resolution was considered: No. RA93-003 RESOLUTION IN APPRECIATION OF PAUL BEADLE Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock Olaye", Miller "aye", Hopkins "aye's, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council considered approval of a Resolution of Appreciation for Lewis Wayne Murphey. The following resolution was considered: Agenda No _._l? ct l Agenda Ito r,7_ We Z~ - V3 City of Denton City Council Minutes r y February 16, 1993 Page 5 l RA93-004 RESOLU'T'ION IN APPRECIATION OF LEWIS WAYNE MURPHEY Smith motioned, Hopkins seconded to approve the resolution. Qn roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Public Hearings A. The Council hold a public hearing and considered adoption of an ordinance rezoning a 32.045 acre tract located on the east side of Country Club Road, approximately 920 feet south of Hobson Lane, from the Agricultural district to the Single Family 10 district with conditions. Frank Robbins, Executive Director for Planning, stated that the 20% , rule was not in effect at this time for this proposa:. options available to the Council included approval of the ordinance with a single condition that abutting lots be at least 13,000 square feet, Council could direct staff to prepare an ordinance with additional conditions and direct that it be put on the next regular agenda, Council could continue the public hearing or consider the ordinance without a public hearing. Other options included amending the ordinance and passing that amended ordinance, denying the petition, or delaying consideration to a future date. The developer had made a proposal to the Forrestridge neighborhood on February 4, 1993. That proposal included the elimination all r.lley ways and increased lot sizes by the amount of the alley ways, tha building of an eight foot high wooden screening fence along the 336.24 foot east boundary where the proposal abutted Forrestridge which would be built during the development phase, including in the deed restrictions a provision that the minimum square footage would be 2100 square feet for all single story homes and 2300 square feet for all two or one and one half story homes built on the most easterly 12 lots in the subdivision. The application was made on ` August 20, 1992 with the Planning and Zoning Commission holding a public hearing on October 14, 1992. At that time, the Planning and Zoning commission tabled consideration aue to neighborhood concerns. The Commission held another public hearing and considered the case after a neighborhood meeting on November 5, 1992. On November 11, 1992 the Planning and Zoning Commission made a recommendation to the Council which was the proposed ordinance before Council, on December B, 1992, Council held a public hearing on the case and tabled the discussion to allow for further negotiations between the developer and the neighbors. After the second neighborhood meeting the developer proposed the above Agenda No Agenda Itorrt- Dale __.r City of Denton City council Minutes February 16, 1993' Page 6 conditions. This proposal was in a low intensity area and the Thepissue waround which some ofethetCondit i nsoandithe discussions had most recently revolved dealt with good site design transition. The Mayor opened the public hearing. i i Clif Todd had completed a "Raquest to Address Council" card but yielded to Dick Kelsey, Dick Kelsey stated that he was representing Clif Todd for the zoning of the property. He felt it was important to remember that zoning was being considered and not platting at this time. At this point, the only item to consider was the highest and best use of the property consistent with the overall development plan and with the individual staff plans. Staff had indicated that the proposal met all of those requirements, within the Southridge development, there was SF16 zoning which faced directly into SF10 zoning. South of Sou~hmont, the zoning phased from PD16 to SF10. This was not an inconsistent zc ing application. This was not a zoning application which required a great deal of transition. This was not a transition use, it was a transition emphasis. No change was being made of the use. The property had been vacant for a long time. Residential lots were needed in Denton. Realtor's had indicated that there were not enough single family residential lots available. The staff policy was for diversification. The original zoning application was for SF10 and apparently the residents in Forrestridge were upset over that zoning. The developer had met with the residents on several occasions and had agreed to eliminate the alley ways and incorporate that square footage into each lot, had agreed to fence part of the property and to place deed restrictions on the property. Potentially the development could add $14 million to the tax base of the City. The reduction, percentage wise, from Montecito to SF16 was a 21lyds size reduction. The reduction of the proposal was approximately 18%. Council Member Miller stated that the developer wo,•',1 be willing to put an a fence next to Forrestridge, eliminate th a?.ley ways, and have deed restrictions on 10 lots which abutted the property. Kelsey replied yes that the developer had agreed to those conditions and that the deed restrictions would be for the first 12 lots working eastward from the boundary with Forrestridge, Council Member Miller asked if the developer had a problem with , placing those restrictions in the zoning approval. Kelsey replied no. r { Aeanda No Ag,Inda City of Denton City Council Minutes , February 16, 1993 J tx~ 6~~ Page 7 I Council Member Miller asked if there were plans for development of other parts of the property. Kelsey replied that all of the property would be zoned at one time as single family residences. It would all be developed at one time as it was not feasible to develop it in stages. Clif Tcdd, developer of the the l was for two stages of development. Thenfirst ephase twouldpbepwest of Country Club Road near the drainage ditch. Kelsey indicated that the second phase would bo in the area under discussion, Council Member Miller asked if there were any plans for the size of the homes in the first phase. Todd made a reply from the audience which was rot audible. Council Member Perry asked if the stipulations from the developer were voluntary. Kelsey replied yes that Mr. Todd had elected to work with the homeowners and staff to satisfy the requirements in area. Mayor Castleberry asked with the elimination of alley ways, were the lots next to Forrestridge slightly larger. Kelsey replied that they would be 13,000 square fees: plus. Mayor Castleberry asked if that affected the balance of the lots or were they still SF10. Kelsey indicated that the two adjoining lots were 13,000 square feet and then the lots went to 12,000 square feet. Todd indicated that the lots would be a little over 12,000 square feet. Mayor Castleberry indicated that the smallest lot would be near County Club Road and would be an SF10 lat. Kelsey indicated that the lots across from Country Club Road were originally platted as SF10. Mayor Pro Tem Hopkins asked if the increased size affected the 12 lots from the alley ways and wens those the lots which would be more like an SF12 lot. I f 1 City of Denton city council Minutes fhta ? J~ February 16, 1993 S l Page a I Kelsey replied that there were two lots which were back-to-back which were 13400 square feet and ten lots which were 12,000 square feet and the rest were 10,000 square feet. Council Member Smith asked if the deed restrictions of the 2100 square feet applied to all lots or only the ones next to Forrestridge. Kelsey indicated that they would be 2100 square feet for single story homes, 2300 square feet for two story homes on the 12 lots which were closest to Forrestridge. The others would be from 1800- 2000 square feet depending on the individual situation. Sam Rosson stated that he was in opposition to the proposal. He asked Council to consider the continuity and integrity of the neighborhood. There was diversity in the area. He felt the Council needed to look at long term goals versus short term goals. The short term goal would be that the City could immediately profit by approving the proposal with additional taxes on the roll. That was not necessarily the best policy for the City. The long term aspect was that if the zoning were held, there would be a larger lot and a better buffer between the existing homes and the new homes. In this request, the developer could win but could not lose. The homeowners who had been paying taxes in the city would lose the property values in the area. Amy Quate urged the Council to remember several items. The first was that hundrrds of citizens had voiced strong opposition to the sal. The sec haveobeen b sed onond was the and both the zoning might the proposal appeared unprofessional and not capable of producing a viable product. The neighborhood had diversity in types of property in the area and in residents living there. In every case where SF10 abutted SF16, development was cut off. She questioned the credibility of the proposal and development as she had been sent a letter with no business name, no signature, and no return address on it. She urged the Council to deny the proposal. Jerry Browder stated that he lived near the proposed development. ' He did not stand to lose equity as the home had declined in value Oince he purchased the home. He was concerned about the value of his home as were his other neighbors. The developer wanted to increase his profits and felt this would cost the neighbors and himself money after development. In regard to the deed restrictions, he had learned that the developer, until approximately two-thirds of the lots were sold, had complete ability to give variances in terms of the designs of the homes. Browder asked for restrictions to be made in the zoning rather than i AjaodaNO RgaodaIteirt_ A! City of Denton city Council Minutes February 16, 1993 Page 9 in the deeds. Mr. Kelsey made the point tha`. SF16 and SF10 adjoined each other in Southridge and Southmont. Those SF16 lots had less value, up to now, than the value of the lc`.s and property in Forrestridge. He felt one reason was that SF10 did not adjoin the property. The park property which the City had purchased originally had zoning which began with SF16 and reduced down away from the Forrestridge subdivision. He stated that he would like the City to require the property on the 32 acres begin adjoining Forrestridge be SF16 lots. John Traube stated that he was part of the petition drive to kee the current zonin p y There was a need for more tots but the need l was for larger lots rather than smaller lots, A longer term consequence was the land next to the proposed development. If the proposed development were zoned SF10, the adjoining land would probably also be zoned SF10. If restrictions were added, he suggested putting them in the zoning conditions Lather than with the developer. Dick Fulton stated that he was concerned with the shortage of larger lots in Denton. The only other area for lots of this size was on Ryan Road at Forrestridge. If SF10 became part of the section west of Forrestridge, it probably would stay SF10. Those was a need for SF16 lots in Denton. There was a lot of difference between an SF10 and an SF16 lot. He asked about the specification of the width of the alley. Kelsey replied that the alley was 15 feet wide which would be added to the lot sizes. Fulton continued that he was in favor of maintaining the SF16 lots rather than SF10 Iota. Council Member Brock asked Fulton for his opinion on what impact the building of Forrestridge had on home values in Montecito. Did the smaller lots of Forrestridge diminish the value of homes in Montecito. Fulton replied that the homes in Montecito were older which probably affected the value rather than the lot size. Perry Slack stated that early in the process, they had been told that there was no transition between SF10 and SF16. The residents had asked for a buffer such as SF13. There were ways to develop SF16 or SF13 so why did there have to be SF10. This proposal would cut prime property in two sections and never again would there be anything more than SF10. He felt that the next step might be to reduce the SF10 to SF7 in the area. The residents had nothing Apsndo b A ends lton City of Denton City Council Minutes [la February 16, 1993 Page 10 r- other than lot size to protect the value of the property. He might be in favor of a smaller lot with a greater priced home placed on it. Beautiful trees would be destroyed with the smaller lots. Council Member Smith asked if Fulton had any concept of how much a tree buffer would be left between Forrestridge and the development. There seemed to be many trees on the east part of the development. Slack replied 20% of the lots would be 13,000 square feet greater. Fourth-fifths of the lots would be smaller. Whand en driveways and foundations were included, there would not be much footage left. On his lot, he lost many trees when his home and driveway were built. Mayor Castleberry stated that a proposal had been made to have SF13 lots on the east with need restrictions for 2100 square foot minimum housing. Was that acceptable to Slack. 11 Slack replied no. It would be acceptable to have a natural break for Phase I at the drainage ditch which would be good for SF10 and zone from the ditch in SF13 with SF16 on the Forrestridge side. That would be a better configuration. Mayor Castleberry stated that the proposal was that the 1: lots closest to Forrestridge would be SF13 with no alley and with the fence. The deed restrictions would be a minimum 2100 square feet for a one story house and a two story house would be slightly larger. Was that acceptable for the neighborhood. Slack replied that in his opinion it would not be. Mayor Castleberry :stated that the proposal indicated that SF10 homes would be 1800 square feet with a two story house being slightly larger with the drainage between the two, was that acceptable if it were in the deed restrictions. i Slack replied that a number of people indicated that that would be acceptable. If the SF10 were done first, the rest could wait. Kelsey stated that what the developer had proposed and agreed to was that the 2 lots which abutted Forrestridge would be SF130 the next 10 lots (five on each side) would be SF12, and everything else would be SF10 which would be on the Country club road side. Slack stated that the 2 lots to be designated as SF13 lots had a 201 easement on the back of the property. The next 6 houses on each side would be 12,000 square foot lots and then it dropped back to 10,000 square feet after that. He asked what was to keep changes City of Denton City Council Minutes ,i✓rs/ February 16, 1993 Page 11 from SF10 occurring once zoning was completed. Robbins replied that with the propoved ordinance, there was SF10 zoning with one condition which was the first two lots could not be any smaller than 13,000 square feet. That would be a zoning condition which would be enforced. Those lots would have to be platted that size. Slack stated that that was not satisfactory. There had bean two j meetings on this proposal and thy) concessions from the developer amounted to very little, 1 Mayor Pro Tem Hopkins questioned whether Council should proceed with the public hearing and then have questions at a later time. i Virginia Ramsey stated that they were building a home on Rolling Hills and asked the Council to take the opposition into account. i The petitioner was allowed a five minute rebuttal. Dick Kelsey stated that the developer ;ad been giving all the concessions and homeowners had not done any giving. There was no demonstration that there was any difference between the SF16 lots and SFIO lots in Southridge. There was no indication that the values were lessened. There was a fear that people would not be able to maintain their property values because of a smaller lot and a smaller home. Forrestridge was a two-thirds step down from the Montecito lots. The design of the subdivision did not have any traffic in the area. Diversification was not a question.. It was 3 question of "not in my backyard". There was nothing wrong with SF10 lots and was not a refection of anything other than diversity. People needed a diverse market place. Comments regarding downzoning were not true as the property was never zoned. He urged Council to do what the job was and that was to zone the property in the highest and best use for which it was suitable according to the master plan and according to the plan which applied to everyone in the City. He asked for approval of the zoning, Council Member Miller asked about the effectiveness of deed 1 restrictions and asked if the developer would be willing to make the conditions a part of the zoning. Kelsey replied yes. Council Member Miller stated that if that were done then the Planning Department we,uld require that it be adhered to whenever a lot would be develops+, Ag9n0aNo ~..i'3 ro City of Denton City Council Minutes ~.2 Sf February 16, 1993 Page 12 l K wanted to be burdened with those details but elsey replied that the staff might want to address whether it restriction was filed, it would be applicable once oneclottwas sold in the subdivision. Mayor Pro Tem Hopkins asked if the petitioner was willing for zoning restrictions to be put into the ordinance, then it appeared to her that rather than doing the home size why not do SF13 or SF12 on lots to where street butted out. If the lots east of that could be SF12 and the two SF13 and the developer was willing to compromise with the square footage, then why not compromise with 5 lots that would be SF13 or SF12. Kelsey replied that he felt that the developer had gone as far as he could in regard to lot size. The developer had agreed to SF13 in the adjoining 2 tracts and 12,000 square foot lots for next lots. Mayor Pro Tem Hopkins stated that the developer was not adverse to 12,000 square foot lots in next 5 lots. Kelsey replied that the developer had agreed to that, There would be two 13,000 square foot lots with the next 5 lots being 12,000 square foot lots. Mayor Pro Tem Hopkin3 asked if that could be put into the ordinance. Debra Drayovitch, City Attorney, stated that it was her understanding that that was the intent with the list of conditions offered by the developer and they could be included as a condition to the ordinance. Kelsey replied that the developer did not have a problem with that aspect. city Manager Hatrell stated that the SF10 zoning ordinance would apply with the one condition from the Planning and zoning commission which dealt with the two adjacent lots being SF13. The 1 Council could add a second condition that the next five lets on each side would have to be a minimum of 12,000 square feet. Council Member Perry asked if the final ordinance would include the fence plus the deed restrictions. Mayor Castleberry asked about the square footage. Kelsey replied that it could be incorporated into the ordinance. I Agenda ltem f (rote . •.!u.:.._.:l City of Denton City Council Minutes February 16, 1993 Y6y Page 13 He had a problem with how that would come before staff and how staff would follow up on that. Mayor Castleberry asked Mr. Slack if this would be a workable solution, r Slack replied that it would be workable but objectionable. Mayor Castleberry asked Slack if he felt it was a the problem. good solution to Slack replied that in his opinion it was not a satisfactory solution, Mayor Castleberry asked if there were equal ground where the developer and residents could agree on. Slack stated that in his opinion the developer and homeowners would not reach agreeable conditions. It would be postponing the homeowners agony if the Council would not decide at this meeting. neighborhood reque sting that he zoning be thetsame nasttheucurrent zoning in Forrestridge which was SF16. She went to all homes and all homeowners supported the SF16 zoning, Mayor Castleberry stated that Mr. Kelsey could respond to the comments. Kelsey stated that he felt the developer had given as much as he could. The Mayor closed the public hearing. Council Member Miller asked if there would be a problem for staff to regulated the size of the homes on the lots. Robbins replied that it would not be a problem. Council Member Miller asked that if the property were platted with the two lots as 13,000 square feet, the 10 lots as 12,000 square feet and the balance as 10,000 square feet, would that be a problem for the staff. Robbins replied that it would not be a problem. Council Member Brack asked if the elimination of the alley ways and the incorporation of the space into lot size was, guaranteed. Would Apendaltam_~L'.~ ik,lo _a1 ~ [C :~j_3 City of Denton City Council Minutes February 16, 1993 l Page 14 that have to be added as a condition. Robbins presented the proposals which could be added. City Manager Harrell stated that the discussion held thus far and the representation of the developer would be a foarth condition which would specify five lots proceeding westward would be a minimum of 12,000 square feet. Robbins replied yes plus another condition which had not been listed was the square footage of the houses, Y Miller motioned, chew seconds,1 to approve the zoning with changes incorporating restrictions of the size of houses to be built on the lots to Le 1800 square feet for a single story home, 2000 square f+.et for a two story home on the lots exclusive of first 12 lots to the east. Those lots would be two 13,000 square feet, the next 10 lots would be 12,000 square feet with the zoning restriction of single story home no less than 2100 square feet and for two story of no less than 2300 square feet and that the other conditions that were agreed to in term3 of the fence be included in the restrictions. The alley ways would be eliminated and that land be used to increase the size of lots in that amount. Council Member Perry suggested having staff prepare the ordinance as set forth by Council Member Miller and have Council consider that ordinance to better ensure that all of the conditions were in place. Miller amended his motion to direct staff to prepare an ordinance as was proposed and put on the next agenda to include those conditions. Chew agreed with the change in the motion and seconded that change. City Attorney Drayovitch asked staff to clarify several points to be sure all were in agreement with the conditions. She asked what was the development phase for the building of the fence. was it prior to the start of the development or when was it proposed. Robbins stated that it would be built with first house, 1 Todd stated that he agreed to build the fence when the second phase was built, city Attorney Drayovitch stated that the property was not platted so the alley ways on the proposed site plan would be difficult to enforce as to the increased lot size. /Vda No Agendallem__ 5.~ City of Denton City Council Minutes February 16, 1997 Page 15 Robbins stated that it could be noted that there would be no alleys in this zoning uistrict. Mayor Pro Tem Hopkins suggested that the requirement for the fence indicate that it would be built prior to any actual lots being developed in Phase II. Robbins suggested that the condition state that before a house was built east of the drainage area. Kelsey stated that the building of the fence would be a matter of timing. If the fence were done before dirt work was done, it could be damaged. There was an orderly phase during construction at which the construction of the fence would be appropriate. He felt that would be after the utility work and the development of the 20' easement was complete and the lots were graded. Todd suggested that the fence be put up before a building permit was granted. City Attorney Drayovitch stated that the fen--o would be built prior to any building permits being issued. Kelsey stated that it could be prior to east of the drainage line, Council Member Brock motioned to amend the main motion to require the 8 foot fence be masonry rather than wood. City Attorney Drayovit:h asked if she wished to include in her amendment that it be constructed before any building permits were issued for houses to be built east of the major drainage ditch. Council Member Brock replied yes. Hopkins seconded the amendment. Council Member Brock indicated that with a wooden fence there always was the question of maintenance. She realized that a masonry fence was more expensive but it also enhanced the value of the property being developed. Kelsey stated that that type of fence could cost as much as $20,000 more than a wooden fence. A masonry fence could be a great deal of expense to maintain. He asked council to reconsider that item. council Member Miller stated that a masonry fence could work both ways. Some masonry fences could be problem as far as cost was concerned to maintain. W- -"qV-q41W I I Agenda No Agenda llanL._. City of Denton City Council Minutes February 16, 1993 Page 16 Mayor Pro Tom Hopkins stated that as Southmont was developed, it was found that brick was too expensive so brick pillars were used every so many feet to keep the boards from shifting. Council Member Perry asked the City Attorney and Mr. Robbins if it were necessary to detail the fence. The fence was a condition that the developer had agreed to. Was the council within its bounds to require a masonry fence, City Attorney Drayovitch stated that similar conditions were imposed by Council with sucis projects as Pep Boys, She was not sure that the fence was specified to be masonry. Robbins stated that Pep Boys proposed the masonry fence. Kelsey stated that the developer would accept a fence with brick pillars to tie in the wood fence. They wanted to know what to build. The lots would be sold and the owner would have to maintain the fence, not the developer. The Council voted on the amendment to the main motion regarding a masonry fence. on roll vote, Brock "&yell, Miller "nay", Hopkins 10ayell; Smith "nay", Chew "nayll, Perry "nay", and Mayor Castleberry nay Motion failed with a 2-5 vote. City Attorney Drayovitch recommended that the later part of the amendment as to when the fence was to be built be incorporated in the form of an amendment. Brock motioned, Perry seconded to amend the main motion that the fence would be built before any building permits were issued for the lots east of the main drainage ditch. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council vc,ed on the main motion. On roll vote, Brock "ayes, Miller "aye", Hopkins "nay", Smith "aye", Chew "aye", Perry "aye,,, and Mayor Castleberry "aye", Motion carried with a 6-1 vote. Council considered item 7.8. ` 7. ordinances B. The council conside,rsd adoption of an ordinance approving a contract with the County of Denton for the establishment of a Central Counting Station for the May 1, 1993 City Council Election. 1 Agenda No Agencal City of Denton City Council Minutes February 16, 1993 Page 17 City Manager Harrell stated that this item followed the direction of Council regarding v~,riou., options f,)r t7s May 1 election. Council desired to approach the County with tho possibility of County Clerk Hodges assisting in the elections as had been done in ! the past. The City Secretary would still be responsible for ' conducting the election and dealing with the administrative affairs F of the election. The County would tabulate the ballot cards and supply the voting equipment. It had been clarified with the County Clerk that he would have control over the Central Counting Station. The County Clerk had been very receptive to the wishes of the ! Council. The Commissioners had not yet signed off on the contract but it was on their agenda for that evening. The following ordinance was considered: No. 93-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE COU:'TY OF DENTON FOR A CENTRAL COUNTING STATION OF BALIAITS; AND ?ROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 1, 1993, and if a runoff election was required, on May 29, 1993, for the purpose of electing Council Members to Places 1, 2, 3, and 4 of the City Council of the City of Denton, Texas; designating voting places and appointing election officials; and providing for bilingual notice of the election; ordering that the punch card electronic voting eyatem be used. City Manager Harrell stated that this ordinance would officially call the election and establish ',oting places. There were three , items he wanted to point out to Council. On page 2, Item 1 noted a space for an alternate judge for the central counting station. He asked Council to delete that provisio,ti at this point in time. Staff would return with a name at a later date. The second item dealt with the polling places in the ordinance. The ordinance specified the traditional polling places the City had used in the past. The May 1 election would really be different from a traditional City election as there would also be a County election on an educational constitutional amendment and a senatorial election. The County Commissioners desired to make the polling ~ NindaNo 3- City of Denton City Council Minutes February lb, 1993 Page 18 places unified in order to accommodate the voters and were willing to change .heir polling places to match the City's at the Martin Luther King, Jr. Recreation Center, Fire Station 4, and North Lakes Recreation Center. There would be two sets of voting activities occurring in those facilities but would not be the same ballot. One exception was the Denia Park Recreation Center. The Commissioners felt that voter participation would be better at the Southmont Baptist Church and that it would be a better voting location. They were requesting the Council to change the designation for District 4 from Denia to the Southmont Baptist Church. The final item was the date for the runoff election. The ordinance indicated that it would be the 29th of May. There were E no Saturdays available except for the 29th in the time frame allowed by the State Election Code. The 29th of May was Memorial Day weekend which might present a problem. The Council could move tho runoff date to a day other than a Saturday if it so desired. Council Member Brock questioned whethor the County was required to hold their election :,y precincts. Tim Hodges, County Clerk, stated that the governor had signed a proclamation wai•,ling that restriction. Council Member Brock stated that then for the City of Denton there would be only those four polling places. Hodges replied that the county would match the City so that the elections could be advertised as unified voting. This would be done countywide to facilitate voters. Council Member Chew stated that there would be time to get the change precleared and that it would not disenfranchise any voters. Council Member Perry asked what was wrong with Denia. Kirk Wilson, County Commissioner, stated that most of precincts wore more accessible than Denia. Denia was out of the way for most of the residents in the area. Mayor Pro Tem Hopkins stated that voters east of Fort Worth Drive voted there anyway and people were used to voting there. To vote with the County made sense. Council Member Perry stated that he wanted it a matter of record as to why to the City was moving the polling place. He wanted clarification on that issue. Council Member Brock stated that Parvin Street was very hard to 1 find if someone did not know the route. I I ArendaNo _~.1.% A~enda City of Denton city council Minutes February 16, 1)93 Page 19 I Council Member Smith stated that part of purpose for the move would be to increase voter turnout by making it easier to get to the polling place. The following ordinance was considered: No. 93-025 y AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 1, 1993, AND IF A RUNOFF ELECTION IS REQUIP.ED, ON MAY 29, 1993, FOR THE PURPOSE OF ELECTING COUNCIL ` MEMBERS TO PLACES 11 2, 31 AND 4 OF THE CITY COUNCIL OF THE CITY uF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance with the amendments of holding the runoff date on May 29 if necessary, to move the District 4 polling place to the Southmont Baptist Church, and to omit the blank for the alternate judge for the Central Counting Station. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. The Council returned to the regular agenda order. J 5. Public Hearings B. The Council held a public hearing and considered adoption of an ordinance rezoning a 1.2777 acre tract from an Agricultural zoning district, to a Commercial zoning district with four conditions, C(c). The tract was at the southeast corner of Milam Road (FM3163) and Interstate 35. (The Planning and Zoning commission recommended approval at its meeting of 1/27/93 by a 6-0 vote.) Frank Robbins, Executive Director for Planning, stated that this was a rezoning for a part of the property which was currently in the City. This was a conditioned zoning in which the uses were noted in the ordinance. The uses would be only for those currently in effect. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. 1 f II pflda'tem.-- City of Denton City Council minutes eel, February 16, 1993 Page 20 The Mayor closed the public hearing. The following ordinance was considered: No. 93-022 AN ORDINANCE OF THE CITY OF DENTON, TEXAS,PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO COMMERCIAL (C-c) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION WITH CONDITIONS FOR 1.2777 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF MILAM ROAD (FM3163) AND INTERSTATE 35; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye". Perry llnyell, and Mayor Castleberry "aye". Motion carried unanimously. 6. Cc,nsent Agenda Mayor Castleberry indicated that Item 16.A.3. had been pulled from consideration. Council Member Chew asked that Item 11460 be pulled for special consideration. Council Member Chew stated that he was concerned on how the specifications had been developed for Did 11460. Tom Shaw, Purchasing Agent, stated that Jack Jarvis, Fleet Maintenance Superintendent, and he had gone over the bids from last year and made changes to include ;q larger size vehicle. They reviewed the specifications provided by the manufacturers (General Motors and Ford). Once the comparisons were made to be sure that they were not arbitrarily eliminating any particular bidder the bids were then mailed and staff waited to hear if anyone had concerns regarding the bids. If there were no concerns expressed, no addendums were included in thg bids. After the bids were received, they were evaluated and a recommendation made to council. Council Member Chew st,%ted that he had a concerns in that some of the specifications on this bid could not be not both with the anti- slip rear end and the anti-lock brakes. When it looked like there was a $1.25 difference between a local dealer end a non-local dealer it concerned him. He asked if there were a way to do more work on particular specifications with type of bid. He knew that GM productn would come with the anti-lock brakes where Ford could not produces a vehicle with the anti-slip rear and and the anti-lock brakes. At one time Council had talked about legislation to favor T AondAo Apndalton;__~t', City of Denton City Council Minutes February 16, 1993 Page 21 businesses in the City. He felt the Council needed to pursue that legislation. Shaw replied that it was the City's full intent to solicit local bids as much as possible. Upon evaluation of the bids, staff had i considered rejecting all bids and purchasing off the StatA contract. On the Ford bids only one local dealer chose to eliminate the anti-lock brake. one other dealer, Denton Motors, included the option as did the dealer from Decatur. Council Member Chew was correct in that Ford did not offer anti-lock brake and the traction lock differential. They did offer an optional anti-lock brake system which featured traction assist. There were numerous terms presented by each manufacturer for the aame concept. The specification used a generic term "traction lock" and stated that it would be for police usage. Staff highly encouraged all bidders to call attention to any proprietary specifications. other bids had had addendums sent out in order to keep the specifications generic. The dealer did not call this to staff's attention until the bids were opened. The traction lock was a mechanical locking situation that accomplished the sane thing as a traction assist. The traction lock was an $85 option and the traction assist was a $591 option. The agenda backup materials indicated that $506 was arrived at by subtracting $85 from $591. If $506 were added back into the Bill Utter bid, it was still was the third highest bid. The local Chevrolet dealer did not participate in the bidding but would assist with the service. only warranty work was done in an outside facility and the rest of the maintenance was done in-house. Shaw shared Council's concern regarding doing business with local businesses. Perhaps a pre-bid conference in the future would help to eliminate the problem. State legislation was needed for a local option. Council Member Miller felt that a pre-bid conference was a good idea for future items such as this. Hopkins motioned, Chew seconded to approve the Consent Agenda as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders: 1. Bid 11460 - Police Sedan;a 2. P.O. 032573 - Denton Motors, Inc. B. Plats and Replats 1. Considered approval of the preliminary plat of Got I N6112N0 City of Denton City Council Minutes February 16, 1993 Page 22 1, Block A, Eagle Picher Addition being a 10 acre tract located on the west side of I-35W south of Airport Road. (The Planning and Zoning Commission recommended approval at its 2/10/93 meeting with a 6-0 vote.) 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (6.A.1. - Bid 11460; 6.A.2. - P.O. ,/32573) The following ordinance was considered: No. 93-023 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock llaye'l, Miller "aye", Hopkins "aye", Smith "aye", Ches. "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the Mayor to execute an Escrow Agreement with Flow Regional Medical Center, Inc. City Attorney Drayovitch recommended adoption of the ordinance which culminated the enforcement of the arbitrator's decision. The following ordinance was considered: No, 93-026 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN ESCROW , AGREEMENT WITH FLOW REGIONAL MEDICAL CENTER, INC; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", 'Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. City of Denton city council Minutes e_ 3_.,-f✓ February 16, 1993 Page 23 authorizinghthe City Managersto execute ant agreement withoResource Management International, Inc. for performance of services relating to a long-range power supply study. (The Public Utilities Board recommended approval.) City Manager Harrell stated that at the last study session Council had reviewed d power supply study as proposed by staff and as recommended by the Public Utilities Board. The following ordinance I was considered: i No. 97-027 AN ORDINANCE AUTHORIZING T AGREEMENT WITH RESOURCE HE CITY MANAGER TO EXECUTE AN PERFORMANCE OF SERVICES R~TING TO INTERNATIONAL, INC., FOR STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE, AND DECLARING AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance. On roll vaotef Brock "ayele, ~ Miller "aye", Hopkins llayel+, Smith "a lO Y , Perry aye , and Mayor Castleberry "ayepl. unanimously. Motion carried 8. Resolutions A. The Council considered approval authorizing the City Manager to execute an agreement with thelNorth Central Texas Council of Governments (NCTCOG) for a grant to fund a household used oil collection program. Bill Angelo, Director of Community Services, stated that several months ago a grant was submitted to the NCTCOG to establish a collection system for used oil and a what to do with used oil. The collectionifacilityiwould beam on the Service Center and a public information brochure would be done 1 near werecnoi o lngerracceptedkatuthe landfiiiucts. 011 and oil filters Council Member Brock asked if the City would only be collecting the it oil and then a commercial entity would pick it up and dispose of it. Angelo replied correct. The following resolution was considered: i City of Denton city council minutes February 16. 1993, i Page 24 No. R93-009 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS FOR A GRANT TO FUND A HOUSEHOLD USED OIL COLLECTION PROGRAM; AND PROVIDING FOR AN EFFECTIVE. DATE. Perry motioned. Chew seconded to adopt the resolution. On roll vote, Brock "aye", 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 designating certain officials as being responsible for, acting for, 4 and on behalf of the City of Denton in dealing with the Texas Parks and Wildlife Department, for the purpose of participating in grant programs for South Lakes Park. Janet Simpson, Park Planner, stated that in July a proposal was submitted for a $500,000 matching grant for the Phase I development of South Lakes Park. The City had been notified that the funding had not been approved. Of the 55 projects which were submitted, 25 were funded. The City was 29th on the list. A meeting with the Texas Parks and Wildlife staff indicated it was a good project. The City could not gain any other points by adjusting the projects. Points could be added by redistributing some of the site preparation dollars for the dirt work for the building, playground, etc. That had been done and had been redistributed into each facility. Another area staff was working on was with the Denton Independent School District for a cooperative agreement. The City would ali~w the DISD classrooms to use a small area of the park as a test garden, for ecology and ;iology studies, and for horticultural studies. In return the DISD would provide help in identifying plant material, ecosystems, wildlife identification, and ultimately develop brochures and field guides. This type of cooperative agreement scored a minimum of four points which would enhance the possibility of receiving the funding. In order to keep ' the community informed, a community meeting would be held at Southmont Baptist Church on February 25, 1993. Council Member Perry stated that he liked the idea of an agreement with the DISD as it provided an opportunity for education for the community. The following resolution was considered: 1 f AQendako f c City of Denton City Council Minutes February 16, 1997 Page 25 No. R93-010 A RESOLUTION OF THE CITY OF DENTON, TEXAS DESIGNATING CERTAIN OFFICIALS AS BEING RESPONSIBLE FOR, ACTING FOR, AND ON BEHALF OF THE CITY IN DEALING WITH THE TEXAS PARKS 6 WILDLIFE DEPARTMENT FOR THE PURPOSE OF PARTICIPATING IN THE GRANT PROGRAMS; CERTIFYING THAT THE CITY I5 ELIGIBLE TO RECEIVE ASSISTA14CE UNDER SUCH PROGRAMS; AND DEDICATING THE PROPOSED SITE FOR OUTDOOR RECREATION USES; AND PROVIDING AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution authorizing the City Manager to execute an agreement with Sammons Communications, Inc. to delay the restructuring of the cable television service until such tima as Sammons Communications, Inc. had rebuilt and upgraded its cable television service system. (The Cable T.V. Advisory Board recommended approval.) Bill Angelo, Director of Community services, stated that the item had been discussed with Council at a prior work session. Since that time staff had been working with Sammons to finalize an J agreement which would delay their restructuring of the cable channels until the completion of their rebuild. There was area of concern remaining with the agreement. This was on page 2 of agreement, Section 2B1. The City would like the sentence to read "for the term of this agreement". The Sammons attorneys had a problem with that wording and staff was still trying to negotiate that point. City Attorney Drayovitch stated that the agreement in the Council backup included the language which the city would like to use. This language was taken out by the sammons attorneys. She recommended an addition to the resolution which would allow the City Manager to execute an agreement with Sammons which substantially conformed to the attached agreement. Both sides agreed to the concepts and principles of the agreement. All that was needed was to gat the correct wording for both entities. Mayor Pro Tem Hopkins asked how that motion would be worded. City Attorney Drayovitch stated that the Council would move to adopt the resolution with an amendment to Section 1 to provide that the City Council authorized the City Manager to execute an A96ndaNo _ %3 - AgerdaljvL_ i City of Denton city council Minutes J February 16, 1993 Page 26 i 1 agreement which substantially conformed to the attached contract. Council Member Chew asked if enough time had been allowed to look at the agreement in order to pass it at this time. City Attorney Drayovitch replied that staff was satisfied with the agreement except for the one minor wording in the agreement. Council Member Perry asked what Sammons was objecting to in the 1 contract. Angelo replied that their main objection was to the sentence in I Section 2B1 where the City had listed "for the term of this agreement". Their attorneys did not want the phrase and Angelo felt that their attorney felt that the City could, after the agreement expired, retroactively challenge that agreement. City Attorney Dcayovitch stated that the agreement with the questionable wording was not in the Council's packet but rather was on their desks. The Mayor indicated that Council had received a speaker card on this item, Joe Dodd stated that the main point regarding this issue had been missed. In all of the surveys he had seen regarding cable companies, the main concerns dealt with selection availability and price. The converter box was not the prime issue except for the cable company. The concern was about selection and price. WTBS and WGN stations were added to the package to inflate the value. ct annel nand CNN Headlthe life news iwhi which a package ied local enewthe s. weathar advertisements were sold on that channel which would lower the cost of the service for this package. What would be established as basic would probably be that area of cable which the City would be allowed to regulate. He urged the Council to do nothing. Don't override the provisions of Senate Bill 12. The following resolution was consideredr ' NO. R93-011 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH SAMMONS COMMUNICATIONS, INC., TO DELAY THE RESTRUCTURING OF THE CABLE TELEVISION SERVICE UNTIL SUCH TIME AS SAMMONS COMMUNICATIONS, INC. HAS REBUILT AND UPGRADED ITS CABLE TELEVISION SERVICE SYSTEM; AND PROVIDING FOR AN EFFECTIVE DATE. i I I City of Denton City Council Minutes February 16, 1993 Page 27 I Hopkins motioned, Perry seconded to approve the resolution with an amendment to Section One instructing the city Manager to execute an agreement which substantially conformed to the attached contract, Council Member Miller asked why there was no 24 hours news station in basic tier. 4 John Enlow, Sammons Communications, stated that it seemed that the intent, of law was that cable systems establish a level of service which included access and broadcast channels. That level of service would be priced close to what it cost to provide. He believed the intent was to establish a level of service which was uniform across the county which included at least the broadcast and j access channels. This would avoid the problem of trying to included allythe access basic cable broadcast packages. channels as The well iaspCSPANe A problem with the process was the speed in which decisions had to be made. The intent was to establish a low cost package which would include broadcast and access charnels. Council Member Miller asked if this was consistent with what was being done in other locations. Enlow replied yes that it was similar with other systems in this area. Oaye ollChew vote,"Brock "aye","aye" Miller "aye", Hopkins "aye", Smith Y , Perry and Mayor Castleberry "aye". Motion carried with a 6-1 vote. suspending T the Council proposed considered effctia date approval of the a resolution { schedules and service regulations of Texas Utility sosElectric ed rate ' Company; providing that the rate schedules and service regulations of said company shall remain unchanged durinq the period of suspension; providing for notice hereof to said company; and finding and determining that the meeting at which this resolution is passed is open to the public as required by law. Bob Nelson, Executive Director for Utilities, stated that on January 22, 1993 Texas Utilities filed a fntent to increase electric rates. Therewereian ro statement of p 800 customers in the City of Denton, the majors y were ainlmobile home parks. TU had asked for 15,31 increase elfective February 26th. They had also filed th it intent with Public Utility Commission which would be reviewing documents. Denton had four options with this request. The first option would be to approve the rate and move forward with implementation on February 26th. A-ViidaNnr__,~'S ~.7 City of Denton City Council Minutes /f,!5 February 16, 1993 Page 28 The second option would be to deny the rate increase. A third option would be to relinquish the City's original jurisdiction over rates to the Public Utilities Commission. A fourth option would be to suspend the implementation of the rates pending the Public Utilities Commission's review. Two years ago Council took action to suspend implementation until the PUC review which was staff's recommendation for this request. s Mayor Pro Tern Hopkins asked for the philosophy of why the City did not allow the PUC to make the recommendation .ind give them original jurisdiction. Nelson replied that he was not sure what that might mean in terms of service levels in the future. Mayor Pro Tem Hopkins stated that the City was bound by the actions of the PUC. Nelson replied that the City might not be hound by their actions but it would take a substantial amount of evidence and work to do something different than what they would recommend. Mayor Pro Tern Hopkins stated that the City would not be financially able nor desirous of trying to stop the rate implementation. she still did not see the adv~.ntage of the City remaining involved in the process. City Manager Harrell stated that detailed research was done two years ago regarding this issue. There was a concern that if the City relinquished jurisdiction, it might not be a temporary action arid that there might be implications for all matters in the future. Mayor Pro Hopkins stated that this action would prevent TU from implementing any rate increase. l+elson replied that it left the jurisdiction with this Council to decide whether to implement the rates or not. ' City Manager Harrell stated that this was the procedure used last time when Council suspended the rate increase. TU filed a bond with the PVC and went ahead and raised the rates. After the hearing process, the bond would be used for a refund if the increase were not granted or if not as much of an increase were granted. James Loveday, TU Electric, stated that undor the PUC Act, any electric company which came before them had the right to place rates under bond. They used that procedure with the last proposed increase due to the length of the process. It applied to the i ti. City of Denton City Council Minuteri February 16, 1993 Page 29 customers in Denton as well as all other cities served by TU. The following resolution was considered: No. R93-012 A RESOLUTION OF THE CITY OF DENTON$ TEXAS SUSPENDING THE PROPOSED EFFECTIVE DATE OF THE PROPOSED RATE SCHEDULES AND SERVICE REGULATIONS OF TEXAS UTILITIES ELECTRIC COMPANY; PROVIDING THAT THE RATE SCHEDULES AND SERVICE REGULATIONS OF SAID COMPANY SHALL REMAIN UNCHANGED DURING THE PERIOD OF SUSPENSION; PROVIDING FOR NOTICE HEREOF TO SAID COMPANY; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS RESOLUTION IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. M 9. The Council considered and adopted an annexation schedule with regard to the proposed annexation of 3.85 acres located east of I- 35 and south of Milam Road (A-61). Frank Robbins, Executive Director for Planning, stated that this was an annexation of property at Loves Truck Stop. The schedule i included dates for instituting and final approval for the annexation. Smith motioned, Perry seconded to approve the schedule. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Miscellaneous matters from the City Manager. Mayor Castleberry indicated that Council would return to the Work , Session items not completed earlier. 3. The Council received a report and he A a discussion regarding the application of the City's Subdivision and Land Development regulations within the Extraterritorial Jurisdiction and gave staff direction. Harry Perouad, Senior Planner, stated that the regulatory line was drawn outside the City limits and inside the ETJ. The proposal was f A&ndaNo Agenda item__ Rite City of Denton City Council Minutes ` February 16, 1993 Page 30 to apply the City's Subdivision Regulations within the regulatory line and the Denton County Subdivision Regulations outside the regulatory line. Council Member Perry asked how far east would be the provisions. Persuad replied that tha regulatory lire would go to the lake on the east side. E Council Member Brock stated that reference had been made that the county would inform and consult with the City on plats. If someone presently built outside the ETJ, were they required to plat with County. Persuad replied no the City did not see plats outside the ETJ. They did have to plat with the County. Council Member Miller asked if this had been discussed with the county. Persuad replied that Jerry Clark had discussed with County staff the details for the monitoring of platting activities in all areas. Mayor Pro Tem Hopkins felt this was a positive forward step. She always felt it was unfair to the distant ETJ residents to have to comply with the City's regulations. The Council repeatedly had to deal with variances in the ETJ and this proposal would help solve some of those problems. City Manager Harrell stated that if the council approved the concept, it would help the relationship with the County and communications with County development. Consensus of the Council was to proceed with the ordinance. Council considered work Session Item 04. 4. The Council received a report and held a discussion regarding activities involved in preparation for the 1986 bond election, Catherine Tuck, Administrative Assistant, stated that the back-up information provided a synopsis on the timetable followed for the 1986 bond election. Tuck reviewed that information and timetable with the Council. The Subcommittee did a lot of the work regarding the issues. Election activi~ies were summarized and were included in the agenda back-up materials. All options wore passed at the election on December 13, 1986. i I nndiNa ..L~~.,.L.. Agenda Ifem. We_ L ' City of Denton City Council Minutes February 16, 1993 Page 31 11. There was no official action taken on Executive Session items discussed during the Work Session Executive Session. 12. New Business r There were no items of New Business suggested by Council Members for future agendas. 13. There was no Executive Session hold during the Regular Session. With no further business, the meeting was adjourned 10:45 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOE6 Acordi Nei CITY OF DENTON C[TY COUNCIL MINUTES March 2, 1993 The Council convened into the Work Session at 5:15 p.m, in the , Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro ':em Hopkins; Council Members Brock, Perry, Smith and Miller. ABSENT: Council, Member chew 1. The Council convened into the Executive Session to discuss: A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered settlement offer in Charline Rodgers claim. 2. Considered action in Debbie S. Wight v. City of Dent 411 3. Received and considered legal advice pertaining to the requirements of the open Meetings Act. 4. considered claim of Goldfield's. S. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Considered acquisition of an option to purchase land near Foster Road. 2. Considered action in condemnation cares of L~Wsf QR.=tj y, Qole-.Trust No. 1, faty of g~x,_ on y. John Porters et %4 and City of Denton v• Fryman Wolski. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 1. continued the annual evaluations of the City Manager, the City Attorney and the Municipal Judge. Council Member chew arrived during the Executive Session. 2. The Council received a report and hold a discussion regarding Section 9 Feleral Transit Administration financial assistance and gave staff d1rection. This item was considered during the Regular. Session under Miscellaneous Matters from the City Manager. 3. The Council received a report and held a discussion regarding the results of the Council's budget priority questionnaire. i 4 AgeAda Cbie_.✓ ,_f City of Denton City Council Minutes March 2, 1993 Page 2 i This item was considered during the Regular session under Miscellaneous Matters from the City Manager. The Council convened into the Regular Meeting at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Hopkins; Council Members Brack, Chew, Perry, Smith and Miller. ABSENT: None i I 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Session of February 9, 1993. I Perry motioned, Smith seconded to approve the minutes as presented. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: 1 "Blue Ribbon Day" "Believe It Or Not I Can Week" "Keep Denton Beautiful Volunteer Day" 3. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance of the City of Denton, Texas, amending the sign regulations of Chapter 33 of the Code of ordinances by adding terms to enhance enforcement of the ordinance in Sections 33-1, 22-121, 33-126, 33-149 and 33-166; by amending definitions in Sections 33-- 20 33-30 33-4 and 33-91; by amending Section 33-62 regarding flags; by amending Section 33-65 regarding wind device signs; by amending Section 33-95 regarding destruction and repair) by adding a Section 33-98 regarding nonconforming sign pormitsl by adding a Section 31-127 regarding certificates of occupancy; by amending Section 33-146 regarding manner of measurement, and illustrating sign copy; by amending Section 33-147 regarding abanelnned signs and supporting structures; by adding a Section 33-14f ,garding sign face standards; by amending section 33-181 regarding signs in residential districtsl by amending Section 33-!.82 regarding signs in non-residential districts and particular monument signs; by AQW3 lea'! City of Denton City Council Minutes March 2, 1993 Page 3 amending Section 33-183 regarding planned development and special sign districts; by amending Section 33-164 regarding wind devices (banners) and temporary signs in central business districts; by amending Section 33-211 regarding temporary signs; by adding a Section 212 regarding wind devices (banners) and flags; by deleting Section 33-213 regarding replacing or altering nonconforming ground signs; by repealing Article 6 including Sections 33-211 through 33- 226 and adopting a new Article 6 and a Section 33-221 regarding illustrations; by amending Section 33-253 regarding sign plans; by consolidating Sections 33-254 and 33-255 regarding creation, review of plans and criteria for sign districts; by amending Section 33- 256 regarding conditions imposed upon sign districts. (The Planning and Zoning Commission unanimously recommended approval.) Frank Robbins, Executive Director for Planning, stated there were four sign issues on the agenda for this meeting. tie reviewed the sign issues which the Council had been discussing in previous meetings. In addition to this public hearing, there was a public hearing concerning special sign districts, an ordinance relating to a sign permit fee for signs larger than two hundrtd fifty square feet, and a resolution requesting the Texas Legislature to adopt legislation regarding the use of logo reader boards. The Mayor opened the public hearing. Chuck Carpenter, Denton Chamber of Commerce, stated that he appreciated the open line of communication between the Council and the Chamber/business community regarding this issue. He appreciated any positive consideration the Council could gives the proposal. Carl Anderson, Denton Chamber of Commerce, stated that he appreciated the Council's openness concerning this issue. He felt that the proposed ordinance addressed the Chamber's concerns and encouraged the Council to approve the ordinance. David Biles, Denton Chamber of Commerce, thanked the Council for , being receptive to the concerns of the public. He urged the Council to vote for the proposed ordinance. He felt it would provide uniformity to the new businesses to Denton and uniformity to current businesses. He felt that there would be a day when all nonconforming signs would not be present. The Chamber encouraged the Council to enforce the new ordinance. A brochure would be prepared to inform businesses and residents of the provisions of the sign ordinance. He thanked the Council for their help and cooperation with the proposed ordinance. kWa Item- City of Denton City Council Minutes March 2, 1993 7 Page 4 Joe Dodd did not feel that the passage of the proposed ordinance would be a big issue in Denton. He stated that the Chamber of Commerce had impressed him in this issue and felt that the Chamber was more business oriented than it ever was. With the passage of this proposed ordinance, the Council would be restoring rights to the property owners, Rights that should not have been taken away in the first place. There needed to be a very compelling reason to take rights away from citizens. Just because someone did not want to look at something was no reason to remove someone's property rights. There was a distrust of government and he hoped that by giving the citizens back some of their rights with the sign ordinance, some of that distrust would be removed. Mark Flegge spoke in opposition. He felt that the original spirit of the ordinance had been lost. He asked if this was a business issue or a visual pollution issue. He though it was a visual pollution issue. The change in the ordinance had been driven by 1.7% of the Denton population which was the Chamber of Commerce. Of that 1.7t of the population, 186 respondents were driving the issue. This was a quality of life issue. Every citizen in Denton had to live and travel and see the signs within the community. He did not know how many people in the Chamber of commerce lived in Denton. He did not think the issue would help the Denton business community and would be a negative issue. He felt that Denton would look like every other community outside of Dallas. The grandfathering and face change issue would take a long time to change. Fie urged the Council to be vigorous when dealing with enforcement, tie did not believe the ordinance would encourage growth. ;te felt that there could not be a beautiful city and a sign ordinance as proposed. He was looking for a user friendly community which attracted businesses and people because of the quality of life of which the visual aspect had a lot of impact. The Mayor closed the public hearing. The following ordinance was considered: No. 93-029 ' AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE SIGN REGUTATIONS OF CHAPTER 33 OF THE CODE OF ORDINANCES BY ADDING TERMS TO ENHANCE ENFORCEMENT OF THE ORDINANCE IN SECTIONS 33- 1, 33-121, 33-126, 33-149, AND 33-166; BY AMENDING DEFINITIONS IN SECTIONS 33-2, 33-30 33-4 AND 33-91; BY AMENDING SECTION 33-62 REGARDING FLAGS; BY AMENDING SECTION 33-65 RETARDING WIND DEVICE SIGNS; BY AMENDING SECTION 33-95 REGARDING DESTRUCTION AND REPAIR; BY ADDING A SECTION 33-98 REGARDING NONCONFORMING SIGN PEPI4ITS; BY ADDING A SECTION 33-127 t V t i I IZ-1E . ~ , City of Denton City Council Minutes ,ice FJ/~ March 2, 1993 Page 5 REGARDING CERTIFICATES OF OCCUPANCY; BY AMENDING SECTION 33- 146 REGARDING MANNER OF MEASUREMENT, AND ILLUSTRATING SIGN COPY; BY AMENDING SECTION 33-147 REGARDING ABANDONED SIGNS AND SUPPORTING STRUCTURES; BY ADDING A SECTION 33-148 REGARDING SIGN FACE STANDARDS; BY AMENDING SECTION 33-181 REGARDING SIGNS IN RESIDENTIAL DISTRICTS; BY KMENDING SECTION 33-1.82 REGARDING SIGNS IN NON-RESIDENTIAL DISTRICTS AND PARTICULAR MONUMENT SIGNS; BY AMENDING SECTION 33-183 REGARDING PLANNED DEVELOPMENT AND SPECIAL SIGN DISTRICTS; BY AMENDING SECTION 33-184 REGARDING WIND DEVICES (BANNERS) AND TEMPORARY SIGNS IN CENTRAL BUSINESS DISTRICTS; BY AMENDING SECTION 33-211 REGARDING TEMPORARY SIGNS; BY ADDING A SECTION 33-212 RE- GARDING WIND DEVICE SIGNS (BANNERS) AND FLAGS; BY DELETING SECTION 33-213 REGARDING REPLACING OR ALTERING NONCONFORMING 1 GROUND SIGNS; BY REPEALING ARTICLE VI INCLUDING SECTIONS 33- 221 THROUGH 33-226 AND ADOPTING A NEW ARTICLE VI AND A SECTION 33-221 REGARDING ILLUSTRATIONS; BY AMENDING SECTION 33-253 REGARDING SIGN PLANS; BY CONSOLIDATING SECTIONS 33-254 AND 33- 255 REGARDING CREATION, REVIEW OF PLANS AND CRITERIA FOR SIGN DISTRICTS; BY AMENDING SECTION 33-256 REGARDING CONDITIONS IM- POSED UPON SIGN DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIO14S THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to adopt the ordinance. Council Member Brock stated that she was committed to the idea that there should not be ordinance which was not enforced and urged enforcement of the ordinance. She felt that Denton did not look like other communities surrounding Dallas/Fort Worth as parts of Denton were very trashy. She would like to see evaryone work together to clean up areas of the City and create a more favorable impact when others came to the City. She felt that this would be a pro-business stand. The City would not progress unless it projected the image of a quality city. Council Member Miller stated that this had been a long and I interesting process. The Council had responded to the concerns of citizens in the community regarding signs. He planned to vote for the ordinance even though he did not agree with all the provisions of the ordinance. There had been a considerable amount of time put into the proposed ordinance and felt that the changes would be beneficial for Denton. Even with the changes, the essence of the present otdinance would bet intact. With these changes, no sign could be more nonconforming and the provisions would be more user friendly. The sign ordinance established minimum standards. He felt that over time more and more business people would agree with the idea that appearance and quality of life issues were not in f f City of Denton City Council Minutes March 2, 1993 Page 6 conflict with business. He hoped that in time there would be voluntary compliance with the provisions. He did not believe that the sign ordinance was the cause of non-economic growth in Denton. - The changes which would be made in the sign ordinance might result in a longer period of time to get to the final goal regarding sign compliance. He did not feel it was a beautification issua. Everyone wanted the community to be more attractive. The differences with the sign ordinance was how to accomplish the goal of a more attractive city. He agreed that enforcement was crucial but the City staff could only enforce it if council supported the idea of enforcement. The Council needed the businesses support for enforcement. He thought the Planning and Zoning Commission had done a tremendous job with the recommendations they forwarded to council. Council Member Smith stated that she agreed with the other Council Members. She had some reservations with portions of the ordinance but felt it was a good compromise on a whole. She thanked all those who worked on the propose# ordinance. Council Member Perry stated that the ordinance had gone through many processes and had presented many opportunities for public input. He was pleased that the ordinance had many opportunities to be discussed. Council Member Chew thanked everyone who had worked on the sign ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry Faye". Motion carried unanimously. Mayor Castleberry expressed appreciation to the Chamber, the Planning and Zoning commission and the council regarding this issue. B. The Council held a public hearing and considered adoption of an ordinance amending Chapter 35, Zoning, concerning signs in Planned Development Districts. (The Planning and Zoning Commission recommended approval.) The Mayor opened the public hearing. No one spoke in favor. No one spoke In opposition. The Mayor closed the public hearing. tgandaNo Agendallerq__lc-lS City of Denton City Council Minutes 33 c~~ March 2, 1993 l Page 7 The following ordinance was considered: No. 93-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES BY ADDING SECTION 35-154.01 RELATING TO DEVIATION TO THE GENERAL SIGN REGULATIONS BY AMENDING ARTICLE IV REGARDING PLANNED DEVELOPMENT DISTRICTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i Hopkins motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an ordinance designating the property at 915 West Oak Street a historic landmark under Article V of the Comprehensive Zoning ordinance. (The Planning and Zoning Commission and the Historic Landmark Commission recommended approval.) Jane Biles, Main Street Coordinator, stated that was a request from a property owner for rezoning of a residence within the boundaries of the Oak-Hickory Historic District. Much research had been done regarding the history of the property and the application had been very well done. The house was in its original condition from its construction. The Preservation Officer, the Historic Landmark Commission and the Planning and Zoning Commission recommended approval of this zoning change. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: I I City of Denton City Council Minutes March 2, 1993 Page 8 No. 93-031. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 915 WEST OAK STREET AS A HISTORIC LANDMARK UNDER ARTICLE V OF THE COMPREHENSIVE ZONING ORDINANCE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye", Hopkins "ayelt, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council held a public hearing and considered adoption of an ordinance amending the zoning regulations of Chapter 35 of the Code of ordinances relating to Historic Landmarks preservation and Historic Districts by changing the title of Section 35-219 from "Exterior Alterations and Changes; Ordinance Maintenance; Appeals" to "Exterior Alterations and Changes; Minor Exterior Alteration; ordinary Maintenance; Appeals; Historic Landmarks" and by amending subsection (A) of Section 35-219 entitled "Certificate of Appropriateness" to provide for an application procedure for proposed work in a Historic District to be filed pursuant to an ordinance maintenance procedure, minor exterior alteration procedure, standard procedure, or emergency procedure and setting forth criteria for denials of applications and appeals to the City Council and amendments to Certificates of Appropriateness; and by repealing subsections (B), (C), (D), and (E) of said Section 35-219 relating generally to building permits. (The Historic Landmark Commission recommended approval and the Planning and Zoning commission recommended approval.) Jane Biles, Main Street Coordinator, stated that this was a change in the historic preservation ordinance as requested by the Historic Landmark Commission to facilitate the process that property owners within the oak-Hickory Historic District or property owners of a designated landmark must adhere to when they wanted to make changes to their property. The ordinance would provide for a three tiered process divided into general maintenance, minor repair and a full ' renovation. Under the current ordinance, minor repair to a designated landmark or pro, aerty located in the Historic District required approval by the Historic Landmark Commission. The proposed ordinance would allow approval of minor repairs by the Director of the Planning Department. The purpose of the proposed ordinance was to facilitate the property owners when minor changes were necessary. Any major renovations would still require the approval of the Historic Landmark Commission. Appeal of staff decisions would be referred to the Historic Landmark CommiRaicn. I City of Denton City Council Minutes Ile" ~ -6V March 2, 1993 Page 9 The Mayor opened the public hearing. Judith Abbott, Chair-Historic Landmark commission, stated that this ordinance was the culmination of approximately six months of work. The current ordinance required the property owner to go through a complete hearing for minor repairs. The process would be streamlined to make those minor changes easier for the property owner. I No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: NO. 93-032 AN ORDINANCE OF THE CITY OV DENTON, TEXAS, AMENDING THE ZONING REGULATIONS OF CHAPTER 35 OF THE CODE OF ORDINANCES RELATING, TO HISTORIC LANDMARKS PRESERVATION AND HISTORIC DISTRICTS BY CHANGING THE TITLE OF SECTION 35-219 FROM "EXTERIOR ALTERATIONS AND CHANGES; ORDINARY MAINTENANCE; APPEALS" TO "EXTERIOR ALTERATIONS AND CHANGES; I4INOR EXTERIOR ALTERATION; ORDINARY MAINTENANCE3; APPEALS; HISTORIC LANDMARKS" AND BY AMENDING SUBSECTION (A) OF SECTION 35-219 ENTITLED "CERTIFICATE OF APPROPRIATENESS" TO PROVIDE FOR AN APPLICATION PROCEDURE PROPOSED FOR WORK DISTRICT PURSUANT TO AN ORDINARY MAINTENANCE PROCEDURE NOR EXTERIOR ALTERATION PROCEDURE, STANDARD PROCEDURE, OR EMERGENCY PROCEDURE ANC SETTING FORTH CRITERIA FOR DENIALS OF APPLICATIONS AND APPEALS TO THE CITY COUNCIL AND AMENDMENTS TO CERTIFICATES OF APPROPRIATENESS; AND BY REPEALING SUBSECTIONS (B), (C), (D) AND (E) OF SAID SECTION 35-219 RELATING GENERALLY TO BUILDING PERMITS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $20000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, parry seconded to adopt the ordinance. On roll 1 vote's Brock "aye,,, Miller "aye", Hopkins "aye", Smith "aye", Chew aye , Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council held a public hearing with rc,g.,rd to the proposed annexation of 3.85 acres located east of 1-35 and south of Milam Road. (A-61) Harry Persuad, Senior Planner, stated that this was the first of 1 two public hearings to allow '_rnterested persons to speak on the I AaedaNo .1 lO AgWaItgm _x_sj {tom aa, t a. 3'13 _ City of Denton City Council Minutes March 2, 1993 Page 10 proposed annexation. The Mayor opened the public hearing. _ No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. I There was no action on the item as this time. F. The Council held a public hearing and considered adoption of an ordinance amending Article II, Chapter 34 relating to development standards and requirements in the extraterritorial jurisdiction to define and classify two distinct divisions with differing rules, regulations and platting requirements separated by a regulatory line to be periodically reviewed and updates; and providing for injunctive relief for violators thereof. (The Planning and Zoning Commission recommended approval.) 1 Harry Persuad, Senior Planner, stated that the proposed ordinance would divide the extraterritorial jurisdiction in two areas. Division one was located within the regulatory line and Division I Two was located in the extraterritorial jurisdiction and outside the regulatory line. The ordinance would apply the city's subdivision regulations to Division One. The subdivision standards of Denton County would apply to all areas located in Division Two. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. The Mayor closed the public hearing. The following ordinance was considered: , A0e163 Nu Agenda IlanL_- t . 401 City of Denton City Council Minutes March 2, 1993 Page 11 No. 53-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF CHAPTER 34 ENTITLED SUBDIVISION AND LAND DEVELOPMENT BY CHANGING SECTION 34-38 RELATING TO DEVELOPMENT STANDARDS AND REQUIREMENTS IN THE EXTRATERRITORIAL JURISDICTION TO DEFINE AND CLASSIFY TWO DISTINCT IVISIONS WITH DIFFERING RULES, REGULATIONS AND PLATTING REQUIREMENTS SEPARATED BY A REGULATORY LINE TO BE PERIODICALLY REVIEWED AND UPDATED; PROVIDING FOR INJUNCTIVE RELIEF FOR VIOLATIONS THEREOF; AND PROVIDING FOP AN EFFECTIVE DATE. Hopkins motioned, Chew seconded to adopt the ordinance. Or. roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. Consent Agenda Brock motioned, Smith seconded to approve the Consent Agenda ~s presented. on roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders ~I 1. Bid 01472 - Rubber Track Backhoes/Excavators with trailers 2. P.O. 132875 - Denton Motors Inc. 3. Bid 11465 - Alexander Street Drainage Phase II 4. Bid 01449 - Fleet vehicle B. Plats and Replats 1. Considered the preliminary plat of Lot 1, Block 1, Lone Star Par 3 Addition. The 35.864 acre site was located approximately 384 feet east of the MK6T railroad right-of-way, and was situated between Loop 288 and Spencer Road. (The Planning and Zoning Commission recommended approval.) C. Tax Refunds 1. Considered approval of a tax refund to Denton County Title Co./Donald E. Hanna in the amount of $804.90. I i I rk,v4a No City of Denton city council minutes March 2, 1993 Page 12 2. Considered approval of a tax refund to Source One Mortgage/Bruce J. West in the amount of $1,170.74. 5. Ordinances A. The Council considered adoption of an ordinance accepting a competitive sealed proposal and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid #1472) The following ordinance was considered: NO. 93-034 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Mc,tion carried unanimously. B. The Council considered adoption of an ordinance awarding a contract for the purchase of materials, equipment, supplies or 3 services. (4.A.2. - P.O. 132875) I The following ordinance was considered: NO. 93-035 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Smith seconded to adopt. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew llaye", Perry , "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.3. - Bid #1465) The following ordinance was considered: t i!h 1 t1GRn,aa No Agendaffam .mac City of Denton City Council Minutes March 2, 1993 Page 13 NO. 93-036 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins I'aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance amending ordinance No. 93-015 relating to the award of Bid Number 1449 for the purchase of fleet vahicles to provide for the purchase of an additional utility vehicle bid item #'2. (4.A.4. - Bid 01449) The following ordinance was considered: NO. 93-037 AN ORDINANCE AMENDING ORDINANCE NO. 93-015 RELATING TO THE AWARD OF BID NUMBER 1449 FOR THE PURCHASE OF FLEET VEHICLES TO PROVIDE FOR THE PURCHASE OF AN ADDITIONAL UTILITY VEHICLE BID ITEM 02; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. on roll vote, Brock "aye", Miller "aye's, Hopkins "aye", Smith "aye", Chew "aye", Perry '0aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance of the City of Denton, Texas, providing for a change from Agricultural Zoning District to Single Family SF-10 (C) with condition zoning district classification and use designation for 32.034 acres of land located on the east side of Country Club Road approximately 920 feet south of Hobson Lane; and providing for a penalty in the maximum amount of $2000 for violations thereof. Frank Robbins, Executive Director for Planning, stated that the ordinance followed the Council's request following the last public hearing. There were five conditions included in the ordinance which were detailed in the proposal. The following ordinance was considered: I 1 i City of Denton City Council Minutes March 2, 1993 i Page 14 NO. 93-038 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL ZONING DISTRICT TO SINGLE FAMILY SF- 10{C] WITH CONDITION ZONING DIS'T'RICT CLASSIFICATION AND USE DESIGNATION FOR 32.045 ACRES OF LF,ND LOCATED ON THE EAST SIDE OF COUNTRY CLUB ROAD APPROXIMATELY 920 FEET SOUTH OF HOBSON LANE; PROVIDING FOR A PENALTY IN THE M,•,XIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Miller seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins Smith "aye", "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The council considered adoption of an rdinance vacating drainage and public utility easements in Lot 2, Block A, Minter Addition Replat to the City of Denton, Denton County, Texas. (The Planning and Zoning Commission recommended approval.) i ' Frank Robbins, Executive Director of Planning, stated that this ordinance dealt with the site for the new elementary school. In all the areas listed in the ordinance, other public improvements would be built on other easements. The following ordinance was considered: NO. 93-039 AN ORDINANCE VACATING DRAINAGE AND PUBLIC UTILITY EASEMENTS IN LOT 2, BLOCK A, MINTER ADDITION REPLAT TO THE CITY OF DENTON, DENTON COUNTY, TEXAS; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye's, Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance amending the fees for sign permits to provide a fee for signs larger than two hundred fifty (250) square feet, for special exception petitions, and for wind devices erected across streets. (The Planning and Zoning Commission recommended approval.) The following ordinance was considered: 40enda No ___V:tLLL Z... City of Denton City Council Minutes f/6 `t March 2, 1993 Page 15 NO. 93-040 AN ORDINANCE OF THE CITY OF DENTGN, TEXAS, AMENDING THE FEES FOR SIGN PERMITS TO PROVIDE FOR A FEE FOR SIGNS LARGER THAN TWO HUNDRED FIFTY (250) SQUARE FEET, FOR SPECIAL EXCEPTION PETITIONS, AND FOR WIND DEVICES ERECTED ACROSS STREETS; AND PROVIDING FOR AN EFFECTIVE DATE. Chew motioned, Smith seconded to adopt the ordinance. On roil vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The council considered adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City of Denton vs. Ed Wolski and Virginia Fryman relating to the extension of the runway at the Denton Municipal Airport. City Attorney Drayovitch stated that the ordinance authorized the affirmation and execution of the judgement that the Commissioners had previously entered in the condemnation case. It would not be effective until Fryman and Wolski and any lien holders had agreed to the amount. Staff recommended approval by the Council. The following ordinance has considered: NO. 93-041 i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF DENTON VS. ED WOLSKI AND VIRGINIA FRYMAN RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Hopkins motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew { 4 "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 1 1. The Council considered adoption of an ordinance authorizing the City Attorney to approve the proposed judgement in City of Denton vs. M. T. Cole Trust Number One relating to the extension of the runway at the Denton Municipal Airport. City Attorney Drayovitch stated that this ordinance also authorized execution of a judgement entered by the Commissioners with a few changes. The changes included fencing and like use of the 1 f 4000a No L2 City of Denton City Council Minutes / J 4 March 2, 1993 Page 16 G' condemned tract for livestock and grazing purposes until such time as the City needed the property. Staff recommended approval of the ordinance. The following ordinance was considered: NO. 93-042 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING :HE CITY ATTORNEY TO APPROVE THE PROPOSED JUDGEMENT IN CITY OF DENTON VS. M.T. COLE TRUST NUM3ER ONE RELATING TO THE EXTENSION OF THE RUNWAY AT THE DENTON MUNICIPAL AIRPORT; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. J. The Council considered adoption of an ordinance authorizing the Mayor to execute a successive option agreement with Roger C. Sullivan and Roger C. Sullivan Company, a Texas Corporation for the purchase of 134.6 acres of land for future expansion of the City of Denton Landfill. This item was pulled from consideration. 6. Resolutions A. The Council considered approval of a resolution allowing the city to enter into an agricultural lease agreement with John Bradford and J. L. Madewell for one year at South Lakes Part. Rich Dlugas, Director of Parks and Recreation, stated that this was a continuation of an agricultural and cattle grazing lease which was assumed when the City purchmsed the 200 acre park site at South Lakes Park from the FDIC. This was a one year lease which limited the number of cattle on the property and provided for a quarterly payment schedule. The amount of the lease was consistent with others in area. Council Member Miller asked if there might be a possibility that the land could be needed before the year was out. Was there a way out of lease before the one year period. Dlugas stated that there was a clause which allowed the City to end the agreement. The approval process for the grant would take i I City of Denton City Council Minutes March 2, 1993 Page 17 longer than a year. City Attorney Drayovitch stated originally there was a clause that the agreement was terminable with 30 days notice but that had been revised at the request of the parties. Council Member Chew asked if the City would not be able to use the property for anything for a whole year. i Dlugas replied that if the city received approval from the Texas Parks and Wildlife for the grant it would already be. July 31, 1993. With design of the park, it would not be available for use until the beginning of 1995. ~ I City Manager Harrell stated this agreement would save maintenance costs and would keep the grass down. In the unimproved condition, it ;4as unwise to encourage people to go on the property until it was developed. The following resolution was considered: NO. R93-013 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGRICULTURAL, GRAZING AND FARMING LEASE WITH J.L. MADEWELL AND JOHN BRADFORD; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Brock seconded to approve the resolution with an amendment for a 30 day cancellation clause. Council Member Miller asked if the tenants would be responsible for complying with city ordinances regarding the mowing of weeds or did the City have the responsibility of the first 100 feet. Dlugas replied that the Parks Department would do the first 100 feet of mowing. 1 City Manager Harrell stated that the City would mow on the outside of fence adjacent to the roadway. With the fencing in place, the cattle kept the grass down at least on the Teasley side. The City might have to do some mowing near the residential property. The lease did not require the tenants to do any mowing. Mayor Castleberry suggested that there be a study done regarding land which was agricultural exempt within the City that the ordinance dealing with mowing 100 feet from a fence be taken out. M AgendaNo LC, r/ City of Denton City Council Minutes March 2, 1993 Page 18 on roll vote on the main motion, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "nay", Perry "aye", and Mavor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution requesting the Texas Legislature adopt legislation regarding the use of logo reader boards. (The Planning and Zoning commission recommended approval.) The following resolution was considered: NO. R93-014 A RESOLUTION REQUESTING THE TEXAS LEGISLATURE TO ADOPT LEGISLATION REGARDING THE USE OF LOGO READER BOARDS; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Hopkins seconded to approve the resolution. Council Member Miller asked if it was implied that this resolution would do away with other signs. Frank Robbins, Executive Director for Planning, replied no. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered approval of a resolution apportioning emergency management equipment and property jointly held by the City of Denton and Denton County. Rick Svehla, Deputy City Manager, stated that the city and County no longer had a joint venture for emergency management. This resolution would divide the property previously used for the joint services fairly between the City and the County. The following resolution was considered: NO. R93-015 A RESOLUTION OF THE CITY OF DENTON, TEXAS APPORTIONING EMERGENCY MANAGEMENT EQUIPMENT AND PROPERTY JOINTLY HELD BY THE CITY OF DENTON AND DENTON COUNTY; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes March 2, 1993 Page 19 Perry motioned, Smith seconded to approve the resolution. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council considered a request from the Denton Festival Foundation to allow amplifiers, loudspeakers and musical instruments at Civic Center Park on Sunday, April 25 from noon to 10:00 p.m. for the Denton Arts Fesitval. Catherine Tuck, Administrative Assistant, stated that this was a request from the Festival Foundation for an exemption of the noise ordinance. I Council Member Chew asked if there were provisions that if I complaints were received, the music would be turned down. ~ II Tuck replied yes that the duty officer at the Police Station would be in contact with officers on site regarding any complaints about the music. Hopkins motioned, Smith seconded to approve the request. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye'', and Mayor Castleberry "aye". Motion carried unanimously. I a. The Council considered an appointment to the Human Services Committee. i bock motioned, Chew seconded to postpone this item until the next regular meeting. On roll vote, Brock "aye", Miller "aye", Hopkins "aye'', Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. , 9. Miscellaneous matters from the City Manager. The Council considered the items from the Work Session which had not been discussed earlier. 2. The Council received a report and held a discussion regarding Section 9 Federal Transit Administration financial assistance and gave staff direction. Council Members Miller and Chew left the meeting. Catherine Tuck, Administrative Assistant, presentea an overview regarding the federal funding of the Section 9 grant. Work on promoting the system included requests for proposals for AcendaNa City of Denton City Council Minutes March 2, 1993 Page 20 advertising. Staff was also contacting the marketing class at the University of North Texas for ideas for advertising the system. The grant request would be considered at the next Council meeting. It would be the same amount of money as last year with a slightly larger amount for capital and slightly smaller amount for operations. Staff had received information that this would be a good time to request some additional funding. This additional funding would need a local match with some funds coming from the private sector. Based on the proposed Section 9 funding request, the transit system would continue to operate five fixed trolley routes and elderly/handicap demand response service, Monday through Saturday. Three capital budgets had been developed. The first one was based on $121,000 of federal assistance. The second budget was based on the capital needs in the next three years which were taken from the Transportation Improvement Program planning document. The third budget included only vehicle acquisition for the nexi: three years. 1 Council Member Miller returned to the meeting. Tuck continued that Option number one for capital items was not enough money to purchase a trolley. This option included one maxi- bus, similar to the current Roadrunner vehicle in operation, and a mid-size bus. If more funding became available, the City could purchase a trolley instead of those two vehicles. This amount of money would also allow for a public address system to allow the driver to announce the stops along with the ability to provide for some curb cuts to assist the handicapped. A public hearing would be held next week for public input. Mayor Pro Tem Hopkins asked about any increases/decreases in ridership. Tuck indicated on an overhead a detailed analysis of ridership by route. Generally the ridership was moving in an upward direction with an average of 7000-8000 riders per month. Elderly/handihop ridership had decreased as those riders found using the trollies was more convenient which was the intent of the transit system. Perry motioned, Brock seconded to move ahead with the pro_ . On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry indicated that Council Me,nber Chew was on the Board of Directors for SPAN and that was why he did not participate in the discussion. { f i City of Denton City Council Minutes March 2, 1993 r✓,r Page 21 3. The council received a report and held a discussion regarding the results of the Council's budget priority questionnaire. Council Member Chew returned to meeting. City Manager Harrell stated that tnis was the formal start of budget process. The first two pages of the handout, which was included in the agenda packet, represented the cumulative total of all of the responses received from the individual Council Members. This told staff what was the collective judgement for Council priorities which would help with the framing of the budget as to what were the priorities in the community. The third page of the handout reflected random individual observations for staff. These observations were done to allow for discussion for other areas which might become a recommendation to staff. Before staff pursued any of these observations, Council needed, as a whole, to indicate to staff that was a point the Council wished to pursue. The first two pages represented staff direction and the third page did not. Council Member Miller expressed a concern with the way the questionnaire was constructed. The way he answered the questionnaire and way he viewed the issues might be different and might cause misinterpretation. For example, a question was ranked based upon that particular item but it did not necessarily have to do on how critical the item might be. He suggested a need to revise the questionnaire as it did not reflect the concerns of the council. City Manager Harrell stated that this was an attempt to tell staff, at an early point in the process, how Council felt about what services should be increased, decreased or kept at the same level. That guidance was needed in order to develop the budget. If there were a better process to get the input that Council needed to give staff at an early stage, staff would like to explore that option. Council Member Brock felt that the Council was being asked to comment on the desirability of current efforts. Did Council want to keep the efforts the same, increase efforts or decrease efforts. That did not mean wh:t was most important in the city. She felt , that possibly another dimension could be added which would give that information. Council experience e standpoint, how asked well the the i questionnaire rworkedpractiral City Manager Harrell replied that it helped give staff a general direction on how to form the budget. There might be a need to make another category on the questionnaire. He did not feel from a i City of Denton City Council Minutes CY -S y March 2, 1993 l Page 22 staff standpoint that the questionnaire was misinterpreted. There might be a problem on how the results were reported and interpreted. Staff did not interpret the results in that manner. Council Member Miller felt that there might be a need for another set of ratings to show critical needs. r Kathy nuBose, Director of Accounting and Budget operations, stated that staff used a weighted scale for CIP projects and perhaps that would be appropriate for these bu,_get issues. Mayor Pro Tem Hopkins stated that she agreed with Council Member Miller. The rating was on a more, same or less scale. Council should be asked what was more critical. Safety issues were most important and critical rather than soms leisure items which were ` not critical. Council Mcmber Perrv stated that he took the questionnaire literally in regards to more, less or same level of service. When Council got into the budget process, the terms would be set and the priorities defined. He felt that the questionnaire worked well for the kind of information provided. John McGrane, Executive Director of Finance, stated that if the questionnaire were redone, it might be done on a priority classification rather than a weighted ranking. Lloyd Harrell, City Manager, presented the following items: A. The Mayor and he were going to Austin to testify for the sales tax bill. The committee meeting was on Wedneeday. B. The DISD had called to isk the Council for a time for the next joint meeting between the entities. Possible dates were April 7, April 16, April 20, April 21, and April 23. After discussion with the Council, it appeared that April 7th or April 21st would be the better dates. Harrell indicated that he would ,ass that information on to the DISD. C. Nelda Nance of the Library would be in the Civil Defense at 4:45 p.m. March 16 to take individual pictures of the Council for the library album. D. Council Member Miller had asked for some background information regarding the decision making process for the branch library location. A handout had !peen provided from staff detailing the history on how that decision had been made and factors considered in that decision. City of Denton City Council Minutes d I'O March 2, 1993 Page 23 10. Official Action on Executive Session Items Chew motioned, Perry seconded to grant a salary increase of 3% and a deferred compensation increase of 4% for the City Manager, the City Attorney and the Municipal Judge. On roll vote, Brock "aye", Miller "aye", Hopkins "aye", Smith "aye", Chew "aye", Perry "aye", i and Mayor Castleberry "aye". Motion carried unanimously. 11. N3w Business The following items of New Business were suggested by Council Members for future agendas: i A. Council Member Smith stated that the next date for the Council Adopt-a-Spot cleanup was April arc' in conjunction with the city-wide cleanup date. B. Council Member Brock asked that the process for 1 televising council meetings be accelerated. C. Council Member Smith thanked Ms. Tuck for her report on the university student meetings. D. Council Member Perry complimented staff on their performance on the recet)t bond trip. E. Mayor Castleberry asked for a report on the possible revision of the ordinance, dealing with an agricultural exemption for livestock. 12. There was no Executive Session held during the Regular session. With no further business, the Council adjourned 9:20 p.m. BOB CASTLEBERRY, MAYOR , CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCOOOED •t TCITY -:.:COUNCIL ti..1 } Sai 444 ,.I. tt { {I'+':1 J S~I rf"I rris i, I~ C Y F h / jjjyyy' V !~i YVO 41 JA O 4 a O ~0 ~ N S ~ QO~J ~~0 OLOC~ TI: I X: 't. o -oa 9 WWI ApendaiterrL DA~$'i-2Ta`rcF:'T 1993 7 _ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF LOT 30R, BLOCK A, OF THE OAKS OF TOWNSHIP II r ` RECOMMENDATION: The Planning 6 Zoning Commission recommended approval, by a 6 to 0 vote, at its 2/24/93 meeting. i F SUMMARY: The .316 acre lot, currently vacant, is located at the southeast corner of Canyon Court and Bayberry Street, in the Oaks subdivision. The applicant's lot currently has a 30 ft. setback on Canyon Court, and a 15 ft. setback on Bayberry. Via this replat, the setbacks would be switched, resulting in the loss of fewer trees and what the applicant sees as increased compatibility with the neighborhood. There are no public improvements with this replat. AACKGROUN¢: The lot is in Planned Development No. 6, designated and platted for single-family residential use. No change in zoning is necessary. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available. The replats ronform to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. Neighboring property owners have been notified of tonight's public hearing, PROGRAMS. Q,P~R[MEtiTS OR_ G13CS~PS AFFECTED: None. 1 d NO FISCAL IMPACT: ~A I None. l/ jRespe tf/uully submitted, U L yd V. Harrell City Manager Prepared by: i =1 r G. Owen Yos , P-s LA Urban Planner Approved by: Frank H. Robbins, AICP Executive Director Planning and Development ATTACNMENTSs Location map Preliminary replat • Final replat PGZ minutes A f ATTACHMENT 1 93.006 The Oaks of Township II NORTH i $MAN out \ rvi SI'Z'E t M lh~ f 1 l 1P ~b 1~ I~LILJ ~ ~ < v Date: 2/18/93 Scale: HONE r i AFTACINLVI, 2 °-93-006 The Oaks of Township II NORTH ? p p . j a S e U311 ' j'S 1 -AAL f ! LOT 30F 8 BLOCK A v• r. d~~.l F 4• jy ry i i ~ , ro, ~a r ¢ ¢R lrSrp a.J-6 .alti'u" IIJ ~ Preliminary Replat Date: 2/18/93 Scale: NONE ~~'ri rid/ ra0 ._rf✓ ~ ~TTt~cnrt~:H~' 3 AEertd?Ito{'i x'75 J- -93-006 The Oaks of Township II NORTH &VICK A CT 79 8 1~.~g.1?• BLCCK A L 68.00' CA - Cn - 5 69'10'1'• E NY : . V ; 67.85' LOT » r LOT 36 J BLOCK A BLOCK r C 5 62.40'39" E E atv 57.88' LOT 22 BUCK . ;0POE3 zz~ 6 - OS'JC' a9' L 26.~~, t I F!P Cn v 08016' OJ" E; f iE v!0 F!P 1 1 L O r 30R 49. 5 - Il VV BLOCK A ` o m i. . o LOT 31 4r ~•r ~J Q. 4 F!o y BLOCK 1 oK ° N 84-14,24- vtr Q vv day x 1 ?0.00' M ~o++~ PP i X 16 Rii 2~ * pr~'S p0 Final Replat Date: 2/18/93 scare: NONE ■ t I J AT'UAAIh1hIN1' a P&Z Mies J I56 I{/ Februacyt24, 1993 Page 2 maintenance and make minor repairs to their structures, and also give staff a record of such improvements to historic structures. Ms Biles stated that there would be a three tiered process. 1. The required changes for general maintenance would require only the signature of the preservation officer. Currently the property owners are not required to notify the city of any general maintenance work. 2. The Executive Director rill have the authority to approve ` minor repair projects; :trrently these have to go to the Historic Landmark Commission for Approval. 3. Major renovation projects will still require the approval of the Historic Landmark Commission. Ms. Biles continued that the propoEed changes will enable property owners to get faster, more efficient approval for maintenance and minor repair projects, resulting in less frustration a delay for the property owners. No one was present to speak in favor or in opposition to the petition. I RECOMMENDATION: ?he Historical Landmark commission recommend- ed approval of the petition. Chairman Engelbrecht closed the public hearing. Mr. Cochran asked if the home owner wanted to repaint their house and could not reach an agreement with staff would there be an appeals process. Ms. Biles explained that the property owner would first go to the Landmark Commission, then to the Planning and Zoning Commission and finally to Council. It was moved by Mr. Glasscock, seconded by Mr. Cooper., and unanimously carried (6-0). III. ^.onsent Agenda: Motion was made by Mr. Glasscock and seconded by Mr. Cooper, and unanimously carried to approve the consent agenda as follows: a. The final plat of Lot 1, Block A, Eagle-Picher Addition. b. The preliminary and final replats of Lot 30R, Block A of 1 P&Z Minutes ~ February 24, 1993 Page 3 the Oaks of Township II. c. The preliminary and final plats of the Catfish King Restaurant; Lot 1 Block 1 Catfish Fork Addition. IV. Hold a public hearing and consider amending a Detailed Plan in Planned Development No. 144, being a 1.63 acre tract located on the east side of Bonnie Brae, approximately 800 feet south of University Drive for the purpose of redesigning building footprints, increasing gross floor area, and amending the landscaping. ` STAFF REPORT: Karen Feshari, Urban Planner gave the staff report. Ms. Feshari stated that 24 property owners had been notified. There was only one response in opposition and none j in favor. Ms. Feshari explained that the requested action was to amend a detailed plan in Planned Development 144 to change building footprints, increase the gross floor area of building one from 3500 S.F. to 4800 S.F. and Amend the landscape plan. The location of the site is a 1.3 acre tract located on the east ` side of Bonnie Brae, approximately 800 feet south of I University Drive. She mentioned that the requested amendment would have no significant impact on transportation, drainage, water/wastewater, fire protection, or electrical lines. Ms. Feshari said that on January 21, 1991, the City Council approved the rezoning of this tract from Single Family-10 district to the Planned Development district and approved a detailed plan for three medical office buildin?s. Ms. Feshari continued by stating that the main purposes of a low intensity area is to protect and preserve low density single family uses, the detailed plan approved on January 21, 1991 reflected a site design layout that appeared to be neighborhood sensitive. According to the Planned Development district ordinance in the Code of Ordinances, one of the three purposes must be mot in order to prove that this layout is ' superior to that of a straight zoning district in that it serves one (1) or more of the following: 1. Provides for a design of lots or buildings; i.ncrea• sd recreation, common or, open space for private or public uses berms, greenbelt, trees, shrubs or other landscaping features; parking areas, street design or eccess, or other development: plans, amenities or features that would be of special benefit to the property users or community. 2. Protects or preserves topographical features. J M CITY.....ii....:: :COUNCIL. tti f•~-- '*iIi ~Y 1 ~ tt t~ I T: - - - { TTM 40 D a of , 6 = 6 Q ' pp~ep a On_ tow t ~ C~~~ 1 '4~~~~000GOC3~ r I r r C ggor~~Ja - A(ye~ia~l D,APE:rch 16, 1993. CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: HOLD A PUBLIC HEARING ON THE PROPOSED ANNEXATION OF 3.85 ACRES LOCATED EAST OF I-35 AND SOUTH OF MILAM ROAD. (A-61) RECOMMENDATION: The public hearing is intended to give all persons interested in the proposed annexation the right to appear and be heard. The Planning and Zoning commission is scheduled to make a recommendation on March 24, 1993. SUMMARY: On February 16, 1993 Council adopted an annexation schedule setting the date, time and place with regard to the proposed annexation (A- 61). State law requires that a service plan be prepared providing for the extension of full municipal services to the area to be annexed. The service plan, a copy of which is attached, is available for public inspection and will be part of the annexation ordinance. nACKGROUND• The owners of Loves Country Stores propose to renovate and expand the existing restaurant and gas station on the site. Part of the site abutting the Service Road is located in the city limits. Platting and zoning of this tract is currently in progress. City Council held the first public hearing with regard to the proposed annexation on March 2, 1993 and no one spoke in opposition. PROORAMS DEPARTMENTS OR GROUPS AFFECTED: All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation and Library. FISCAL I(lPACT: 'the annexation and Lltimate development of this tract will expand the city's tax base. II agendanerri_..~ f1`3 Rully submitted: Prepared by: LHarrell D _f City Manager Harry N. Persaud, AICP Senior Planner Appro d: i VAN H. Robbins, AICP Executive Director Planning and Development Attachments: Attachment 01: service Plan Attachment #2: Location map. Agenda No oo Agendaltem ~C Attachment #1 SERVICE PLAN Annexation Number. A-61 Acreage annexed: MS Acres Location; VAst of I,3S and South of Milano Road. (A•61) I A. Police vices 1. Patrolling response to calls, and other routine services will be provided on the effective date of the annexation, using existing personnel and equipment. 2. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished to c%mparable areas within the city. B. Fire protection and Emergency Medical Services (MS) 1. Fire protection and emergency medical services by the present personnel and present equipment, within the limitations of available water and distances from existing fire stations, will be provided to this area on the effective date of the annexation. 2. Upon ultimate development of the area,the same level of fire and emergency ambulance services will be provided to this area as are furnished to comparable areas within the City. C. Water/Wastewater Services ' Water and wastewater services will tie extended to the property in accordance to the City's master utility plan and Section 34-118 of the Denton Code of Ordinances. Developers shall pay the actual cost of all water and sewer main extensions, lift stations and other necessary facilities required to serve their development in accordance with the City's master utility plan and the Subdivision and Land Development Regulations. Agenda.No Agenda tom Q01' ;7, The City may participate in the cost to oversize water of and s the ewer City mains subject to fund availai~ility and approval council. Where water or sewer main extensions, lift stations, force mains or other necessary facilities are installed by the developer, the developer shall be entitled to reimbursement of the cost of such facilities from pro- rata charges paid by persons connecting to or using such facilities to serve their property, according to the Subdivision and Land Development Regulations. D. Solid Waste Coll at 1. Solid waste collection will be provided to the property at the same level of service as available to comparable areas within the City, within 60 days of the effective date of annexation. 2. As development and construction commence within this property, and population density increases to the proper level, solid waste collection shall be provided to this property in accordance with then current policies of the City as to frequency, charges and so forth. E. Ekreets and Roads 1. The City of Denton's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning with the effective date of the annexation. 2. Routine maintenance of streets and roads will begin in the annexed area on the effective date of annexation using the standards and level of service as currently applied to comparable areas of the city. 3. Reconstruction and resurfacing of streets, installation of storm drainage facilities, construction of curb cuts and gutters, and other ' such major improvements, as the need therefore is determined by the City Council or Manager, will be accomplished under the established policies of the City. 4. Traffic signals, signage and other traffic control devices will be installed as the need therefore is established by appropriate study and traffic standards. 2 i I Agenda No ...,....J Agendaltem__ 5. Street and road lighting will be installed in the;Z,~~/ 7 substantially developed areas in accordance with the established policies of the city. F. Environmental Health and code Enforcement Services 1. Enforcement of the City's environmental health ordinances and regulations including, but not limited to the grass and weed ordinance, garbage and trash ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance, animal control ordinance, and the tree preservation ordinance shall be provided within this area on the effective date of the annexation. These ordinances and regulations will be enforced through the use of existing personnel. 2. Building, plumbing, electrical, gas, and all other construction codes, as may be adopted by the City, will be enforced within this area beginning with the effective date of the annexation. Existing personnel will be used to provide these services. 3. The City's zoning, subdivision and other ordinances shall be enforced in this area beginning on the effective date of the annexation. 4. All inspection services provided by the City of Denton, but not mentioned above, will be provided to this area beginning on the effective date of the annexation. Existing personnel will be used to provide these services. 5. Flood damage mitigation will be provided by existing codes and ordinances of the City as of the effective date of the annexation. 6. As development and construction commence within this area, sufficient personnel will be provided to furnish this area with the same level of environmental health and code enforcement services as are furnished to comparable areas within the City. G. Planning and Development services The zoning jurisdiction of the City will extend to the annexed area on the effective date of annexation. Commercial (C) conditioned zoning classification is anticipated for this tract. 3 I. Parks and Recreation services Residents of the newly annexed area may use all recreation facilities, including parks and swimming pools throughout the City, on the effective date of the annexation. The same standards and policies now used within the City will be followed in the maintenance of parks, playgrounds and swimming pools. J. Electrical Distribution i Electrical power will be made available to the site as 1 required, at the same level of service currently being provided to comparable areas within the city. K. sce laneQus Street names and sign will be installed, if required, approximately six (6) months after the effective date of annexation. Residents of the newly annexed area may use all publicly owned facilities, buildings or services within the city on the effective date of the annexation. All publicly owned facilities, buildings or services will be maintained in accordance with established standards and policies now used in the City. G. capital IMProvorents Program iCIP) The CIP of the City is prioritized by such p_licy guidelines asi 1. Demand for services as compared to other areas will be based on characteristics of topography, land utilization, population density, magnitude of problems as related to comparable areas, established technical standards and professional studies. 2. The overall cost-effectiveness of providing a specific facility or service. The annexed area will be considered for CIP improvements in the upcoming CIP plan. The annexation area will be considered according to the same established criteria as all other areas of the city. 4 w Agor,daNo ee~ AOefldaItem ATTACUMBNP'4 Love's Country Stores, Block I Lot 1 NORTH a o 8 All + FK 163 ROAD PORTION TO 38 ANN BXBD PORTION WITHIN CITY j~ I, I ROAD D~ler 2/JP93 Sow NONE . Iri,i,.,.+ ifiI~ }I +17 jjt tTy {Iyl off ~~~~Yh1T Y111 i, a♦ : #CITY_... E;-+ C U N C I I t~t i2 swi {s,k I i l V so MMM o ° 0k t0 ~ aacco~oo XIM. IX~ xti ~9-S 5G ORDINANCE NO. 93- "Me Otte ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1993, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS ; COUNTY OF DENTON CITY OF DENTON ; WHEREAS, the City of Denton, Texas, heretofore has duly issued the following revenue bonds: City of Denton Utility System Revenue Refunding Bonds, Series 1983, dated March 1, 1983; City of Denton Utility System Revenue Bonds, Series 1984, dated March 1, 19841 City of Denton Utility System Revenue Bands, Series 1984-A, dated October 1, 19841 City of Denton Utility System Revenue Refunding Bonds, Series 1987, dated January 1, 19871 City of Denton Utility System Revenue Bonds, Series 1988, dated August 1, 19881 City of Denton Utility System Revenue Bonds, Series 1989, dated October 1, 19891 and City of Denton Utility System Revenue Bonds, Series 1992, dated March 10 1992. WHEREAS, the City Council of the City of Denton deems it necessary and advisable to authorize, issue, and deliver the additional Utility System Revenue Bonds hereinafter described) and WHEREAS, the bonds hereinafter authorized are to be issued, sold, and delivered pursuant to Vernon's Ann. Tex. Civ. St. Articles 2368& and 1111 through 1118, the City0s Home Rule Charter, and other applicable laws. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS THAT: Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate princi- pal amount of $6,575,000 FOR TH" ?URPOSE OF OBTAINING MONEY FOR 1 IMPROVEMENTS AND EXTENSIONS OF THE CITY OF DENTON UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WAT£RWOR7CS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY OF DENTON UTILITY SYSfEII REVENUE BOND, SERIES 199311, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in install- ments of principal (the "Initial Bond"), but the initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner herein- after provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. TIES,SINITIAL 3REGISTERED OWNER, D AND IC AHARACTERISTICS OF TTHE i INITIAL BOND. (a) The initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MARCH 1, 1993, in the denomination and aggregate principal amount of $6,575,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: poron or r to the reg stared ass gnee or ass gnees of sa d Bond or any o portions thereof (in each case the "registered owner"), with the annual installments of principal of the initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The redeemed prior itotthe respective adchedui shall due dates repaid in- stallments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the initial Bond shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL BOND set forth in this Ordinance. 2 AgEidaItea) ,___rE~s Section 4. INTEREST. TEA unpaid principal balance of the t Initial Bond shall bear interest from the date of the Initial Bond to the respective scheduled due dates, or to the respec- tive dates of prepayment or redemption, of the installments of 1 principal of the Initial Bond, 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 BOND set forth in this ordinance. Section S. FORM OF INITIAL BOND. The form of the initial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of thA State of Texas to be j endorsed on the Initial Bond, shall be substantially as fol- lows: FORM OF INITIAL BOND NO. R-1 $6,5751000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE BOND SERIES 1993 THE CITY OF DENTON, in Denton County, Texas (the "Issu- hereb being a political subdivision of the State of Texas, y promises to pay to or to the reg stared ase ghee or ass gnses of th s Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $6,575,000 (SIX MILLION FIVE HUNDRED SEVENTY FIVE THOUSAND DOLLARS) in annual installments of principal due and payable on DECEMBER 1 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL YEA$ AMOUNT XM AMOUNT 1994 $325,000 2004 $330,000 1993 325,000 2005 3300000 1996 325,000 2006 330,000 1997 325,000 2007 330,000 1998 325,000 2008 33G,000 1999 330,000 2009 330,000 2000 330,000 2010 330,000 2001 330,000 2011 3300000 2002 3300000 2012 330,000 2003 330,000 2013 3300000 3 Awda No Agcndaltern__l_~ i and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as followss per annum on the above installment due in 1994 _i per annum on the above installment due in 1995 per annum on the above installment due in 1996 per annum on the above installment due in 1997 ~t per annum on the above installment due in 1998 ~t per annum on the above installment due 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 above installment due in 2002 per annum on the above installment due in 2003 per annum on the Above installment due in 2004 per annum on the above installment due in 2005 1 per annum on the above installment due in 2006 _i per annum on the above installment due in 2007 per annum on the above installment due in 2008 per annum on the above installment due in 2009 per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment clue in 2012 per annum on the above installment due in 2013 with said interest being payable on JUNE 1, 1993, and semi- annually on each DECEMBER 1 and JUNE 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Bond are payable to the registered owner hereof through the services of NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS, which is the "Paying Agent/ Registrar" for this Bond. Payment of all principal of and interest on this Bond 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 of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provideds and such check shall be sent by the 4 y 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 on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the regis- tered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make avail- able to the Paying Agent/Registrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due, i IF THE DATE for the payment of the principal of or inter- est on this Bond 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 closet and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the constitution and laws of the State of Texas FOR THE PURPOSE OF OBTAINING MONEY FOR IMPROVEMENTS AND EXTENSIONS OF THE CITY OF DENTON UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM. ON DECEMBER 1, 2002, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be select- ed and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. ' AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the 5 required prepayment or redemption price for this Bond or thb , portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by i the initial registered owner herecf and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/- Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or ~J portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conver- sion and exchange of this Bond or any portion hereof. The registered owner of this Bond 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 6 liability upon this Bond to the extent of such J'2 and tant, Issuer and the Paying Agent/Registrar shall not bem affected bye any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balanca hereof, may be converted into and exchanged for a like aggre- gate principal amount of fully registered bonds, 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 any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denomination3 in any integral multiple of $5,000 (subject to the requirement here- inafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date correspond- ing to the due date of the installment of Bond or portion hereof for which the substitutecbond is being exchanged, and shall bear interest at the rate applicable to , and borne by such installment of principal or portion thereof. such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrarts standard or customary fees and charges for transferring, converting, and exchanging this Bond 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. The Paying Agent/Registrar shall not be required to make any ' such assignment, conversion, or exchange (i) 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, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. 7 li baendaIfani~_~ IN THE EVENT any Paying Agent/Registrar for this I, s changed by the issuer, resigns, or otherwise ceases to act as such, the issuer has covenanted in the Bond ordinance that it promptly will appoint a competent and legally qualified sub- stitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. Bond haslbeen duly and fvalidlycauthorizedcoissued, sold, 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 Bond have been performed, existed, and been done in accordance with 2aw; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the system as such terms are defined in the Bond ordinance, with the System consisting of the city's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restric- tions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the Pledged Revenues" on a parity with this Bond. ISSUER THE also a reserved to the restrictions stated in the Bond ordinance ' to amend t the Bond Ordinance with the approval of the holders or owners of fifty- one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond 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 provisions oi this Bond and the Bond Ordi- nance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and 8 Agenda No A904da lterr~ countersigned with the manual signature of the city Secrets , of the issuer, has caused the official seal of the issuer to be duly impressed on this Bond, and has caused this Bond to be dated MARCH 1, 1997. i City Secretary, - City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) FORM OF REGISTRATION RTIFI 0 COMPTROi r ER OF PUBLIC_AC~ni1umc . COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Boni has been examined, certi- fied as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of publ c Accounts of the State of Texas (COMPTROLLER'S SEAL) Section b. ADDITIONAL CHARACTERISTICS OF THE BONDS. Beaistration -nd mZ ter, to be kept at the (a) The issuer shall keep or cause principal corporate trust office of NATIONSBANX OF"TEXAS, N.A., DALLAS, TEXAS (the "Paying Agent/Registrar ) books or records of the registration and transfer of the Bonds (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 prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein ed The Pain Agent/Registrar shall obtain and record rinithe. Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds 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 Issuernshall have the right to inspect hes Registration Books 9 I I during regular business hours of the Paying Agent/Registrars' but otherwise the Paying Agent/r..egistrar shall keep the Regis- tration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satis- factory to the Paying Agent/Registrar, evidencing (i) the assignment of the Bond, 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 Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned ai„. ransferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and de- livered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this ordinance, and shall have the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in instalimentsi and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged) and each such Bond 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 Bond is assigned and trans- ferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which 10 J i it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered _ substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Bond or Bonds, but the ono 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 Bond or any portion thereof (i) 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, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. I (b) Ownership of -Bonds. The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposas of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and thi Paying Agent/Registrar shall not be affected by any notice to the contraryi and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) payment of Bonds 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 Bonds, and to act as its agent to convert and exchange or replace Bonds, 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 1] I ~endal;a the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this ordinance. (d) Conversion and Exchange or Replacement; Authp1 ti- cation. Each Bond issued and delivered pursuant to this ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying _ Agent/Registrar, toeather with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or represen- tatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be con- verted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTI- TUTE BOND 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 Bond 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 or unredeemed I principal balance or principal amount of any Bond or Bonds so i surrendered, and payable to the appropriate registered owner, i assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond 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 a portion of any Bond (other than the initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $50000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or 'h replace Bonds as provided herein, and each fully registered 12 ApendaNn Agenda ilem__~ S { _f_ 12 x/ bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this ordinance shall constitute one of the Bonds for all purposes of this ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Record Date shall bear inter- est from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond 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 dates provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this ordinance tk,ere shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond ordinance described in this Bond; and tk:at this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representat ve'l An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so ex- ecuted. The Paying Agent/Registrar promptly shall cancel all I 13 I Bonds surrendered for conversion and exchange or replacements' 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 Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execu- tion, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of ~ customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, ap- proved by the Attorney General, and registered by the Comptrol- ler of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any 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 or replacement of Bonds or any portion thereof (i) 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, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In General. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may and shall be redeemed prior to their sc`teduled maturities, (iii) may be transferred and assigned, (iv) may be converted and ex- changed for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Bonds that it will 14 51 - (i) 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 Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/- Registrar for services with respect to the transfer of regis- tration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this ordinance. (g) SWbstitute Paving Ace~~~oory~~f. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds 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 Bonds under this ordinance, { and that the Paying Agent/Registrar will be cne entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than b0 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 other- wise 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/Regis- t (or a rar promptly shall transfer and deliver the Registration Books records copy relating o top the along Bonds, to l the other new Paying pertinent Agent/Regis- trar 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/Regi- strar to each registered owner of the Bonds, 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 performing as such, each Paying Agent/Regis- trar shall be deemed to have agreed to the provisions of this ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS, The form of all ' Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrar's Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this ordinance. is Agenda ll9nl,_____/`~~ ~ FORM OF SUBSTITUTE BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE BOND SERIES 1993 ORIGINAL DATE INTEREST RATE MATURITY DATE OF ISSUE CUSIP N0. t MARCH 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 pa interest thereon from MARCH 1 195Y , 2, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being payable on JUNE If 1993, and semiannually on each DECEMBER 1 and JUNE 1 thereafter, except that if the date of authentication of this Bond 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 authentication, 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. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of HATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS, ' which is the "Payinq Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered 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 16 the issuance of the Bonds (the "Bond Ordinance") to be on' e' 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 at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such inter- est may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Regis- trar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond 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 closet and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated MARCH 10 1993, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $6,575,000, FOR THE PURPOSE OF OBTAINING MONEY FOR IMPROVEMENTS ' AND EXTENSIONS OF THE CITY OF DENTON UTILITY SYSTEM, WHICH CONSISTS OF THE CITY'S COMBINED WATERWORKS, SEWER, AND ELECTRIC LIGHT AND POWER SYSTEM. ON DECEMBER 1, 2002, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their sched- uled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in 17 i part, and, if in part, the particular Bands, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemp- tion of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a finan- cial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and Thi Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reportsr). Such notice also shall I be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 451h day prior to such redemption dates provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions there- of. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest _J thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall he treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $50000, at the written request of the registered owner, and in aggregate principal amount equal to the unre- deemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the issuer, all as provided in the Bond Ordinance. 18 I THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTE ` GRAL 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 Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the _ Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencig assignment~of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or rtions are to be transferred and registered. The oform ofhAssignmentr printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representa- tive, to evidence the assignment hereof. A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or 4 to the previous registered owner in the case of the assignment and transfer of only a portion of this Boyd, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's ' standard or customary fees and charges for making such trans- fer, but 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 this Bond or any portion hereof (i) during the period commencing with the close of business on any Record Date and ending with the opening of buainess on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond 4 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 Bond 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 BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeamed portion hereof, may, at the request of the registered owner or the assignee or as- signses hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without 19 interest coupons, payable to the appropriate registered owner,' assignee, or assignees, as the case 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, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancella- tion, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/- Registrarts standard or customary fees and charges for trans- ferring, converting, and exchanging any Bond 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 (i) 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, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bands is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substi- tute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this I Bond has been duly and validly authorized, issued, sold,and de- livered; 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 Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such terms are defined in the Bond Ordinance, with the System consisting of the City's j entire combined waterworks, sewer, and electric light and power system. I THE ISSIJER has reserved the right, subject to the restric- tions stated in the Bond Ordinance, to issue Additional Bonds j payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. 20 THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fif- ty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly I recorded and available for inspection in the official minutes and records of tho governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordi- nance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond 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 Bond. tfacsimile signature) (facsimile signature) City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENT/R_PCISTR,R'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bondi and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas, 21 NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS Paying Agent/Registrar Dated By _ Authorized Representative FORM OF ASSIGNMENT: ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to it i (Assignee's Social (pr nt 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 Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Datedt Signature Guaranteed: NO"ICE: The a gnaturs must be Registered Owner guaranteed by a member of the NOTICEt The signature above New York Stock Exchange or a must correspond with the name commercial bank or trust of the Registered Owner ap- company, pea ring on the face of this Bond. Section B. DEFINITIONS. As used in this Ordinance the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: ' (a) The terms "City" and "Issuer" shall mean the City of Denton, in Denton County, Texas. (b) The torn "City Council" or "Council" shall mean the governing body of the City. 22 (c) The term "Bonds" shall mean collectively the Initi~al 1 Bond as defined and described in Section 2 of this ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement bonds, issued as provided in this Ordinance. Pursuant to and (d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton Utility System Refunding Revenue Bonds, Series 1983, authorized by ordinance passed on March 10, 1983 (the "Series 1983 Bonds"), (ii) the outstanding City of Denton Utility System Revenue Bonds, Series 1984, authorized by ordinance passed on February 211 1984 (the "Series 1984 Bonds"), (iii) the outstanding City of Denton Utility System Revenue Bonds, Series 1984-A, authorized by ordinance passed on September 25, 1984 (the Series 1984-A Bonds), (iv) the out- standing City of Denton Utility System Revenue Refunding Bonds, Series 1987, authorized by ordinance passed en January 27, 1987 (the "Series 1987 Bonds"), (v) the outstanding City of Denton Utility System Revenue Bonds, Series 1988 ordinance passed on August 2, 1988 (the "Series t1988zBon s"), (vi) the outstanding City of Denton Utility System Revenue Bonds, Series 1989, authorized by ordinance passed on October 24, 1989 (the "Series 1989 Bonds"), (vii) the outstanding City of Denton Utility System Revenue Bonds, Series 1992, authorized by ordinance passed on March 3, 1992 (the ItSeries 1992 Bonds"), and (viii) the Bonds. (e) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserved the right to issue in the future, in accordance with Section 25 of this Ordinance. (f) The term "System" shall mean (1) the City's entire existing waterworks and sewer system and the City's entire existing electric light and power system, together with all future extensions, improvements, enlargements, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or income from which do, in the future, at the option of the City, and in accordance with law, become "Pledged Revenues" as hereinafter definedl provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean any water, sewer, electric, or other , facilities of any kind which are declared not to be a part of I the System, and which are acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the city which are not payable from or secured fromnlionsdondandRevenues, pledgesbof any other revenues, sand ourceso or 1 J 23 V,6fdaN0 payments, including, but not limited to, special contract er 7 revenues or connection w th~such facilities; andasuchtrevenuesl sources,ior payments shall not be considered as or constitute Gross Rev- enues of the System, unless and to the extent otherwise pro- vided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bands", (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and income of every nature derived or received by the City from the operation and owner- ship of the System, including the interest income from the investment or deposit of money in any Fund created by this ordinance. i (h)~~ The terms "Net Revenues of the System", and "Net Revenues shall mean all Gross Revenues after deducting there- from an amount equal to the current expenses of operation and maintenance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render effi- cient service, provided, however, that only such repairs and extensions, as in the judgment of the City Council, reasonably and fairly exercised by the adoption of appropriate resolu- tions, are necessary to keep the system in operation and render a such as dequate service to said City and the inhabitants thereof, or condition which would otherwise impair m the Bonds physical or accident Additional Bonds, shall be deducted in determining "Net Revenues". Payments required to be made by the City for water supply or water facilities, sewer services or sewer facilities, fuel supply, and for the purchase of eic,tric power, which payments under law constitute operation and maintenance expenses of any part of the System, shall constitute and be regarded as ex- penses of operation and maintenance of the System under this Ordinance. Depreciation and amortization shall not constitute or be regarded as expenses of operation and maintenance of the System. (i) The tam "Pledged Revenues" shall mean (1) the Net Revenues, plus resources which yy dareiexpectedetoebe availabler to other City on a regular pfriodie basis, including, without limitation, any grarts, donations, or income received or to be received fvom the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. 24 rlenaa Na . ~ ~ ~ (j) The term "year" or "fiscal ear" shll an the' fiscal year used by the city of the System. in connection with a them operation (k) The term "Covernment Obligations,, shall obligations of the United States of America, mean direct including obliga- tions the principal of and interest on which are uncondition- ally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-entry farm. Section 9. PLEDGE. (a) The Bonds are "Additional Bonds" Marpermitted by Sections 24 and 25 of 10, 1983, authorizing the Seriest1383rBondsjea pandssited on is hereby determined, declared, and resolved that all of the Parity Bonds (including the Bonds) are secured and equally and ratably on a parity, and that Sections 8 through28, of this Ordinance are supplemental to and cumulative of Sec- tions 7 through 27 of the aforesaid ordinance assed March 100 1983, with Sections 8 through 28 of this ordinan en being applicable to all of the Parity Bonds. (b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged to the establishment and mainte- nance of the Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any Additional Bonds. The Parity Bonds and any Additional Bonds are not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System. Section 10. SYSTEM FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the city, and accounted for separate and apart them"Cityoofe Denton Utility System Fund" (the fund to be entitled All Cross Revenues shall be credited to thatSystemsFUndFimmedi- ately upon receipt, unless otherwise provided in this ordi- nance. All current expenses of operation and maintenance of the System shall be paid from such Cross Revenues credited to ` the System Fund as a first charge against same. Before making any deposits hereinafter required to be made from the System Fund, the City shall retain in the System Fund at all times an amount at least equal to one-sixth of the amount budgeted for 25 the then current fiscal year for the current operation and, maintenance expenses of the System. , Section 11. INTEREST AND SINKING FUND. For the sole purpose of paying the principal of and interest on all Parity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on t from he books of the City, and accounted for separate and apart - titledlthe ot"her of Denton h Utility System separate Revenue dBonds Inter- est and Sinking Fund" (the "Interest and Sinking Fund"), Section 12. RESERVE FUND. There heretofore has been, and is hereby, created, and there shall be established and main- tained at NationsBank of Texas, N.A., ana hereafter, at the option of the City, established and maintained at any time at any national bank having a capital and surplus in excess of $25,000,0000 a separate fund to be entitled the "City of Denton Utility System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund") The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or Additional Bonds when and to the extent the amounts in the Interest and Sinking Fund available for such payment are insufficient for + such purpose, and may be used for the purpose of finally { retiring the last of any Parity Bonds or Additional Bonds, Section EXTENSION heretofore has been and is hereby created ME and here shallebe established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Extension and Improvement Fund" (the "Extension 1 and Improvement Fund"). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improve- ments, enlargements, extensions, additions, replacements, or other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replace- ments of the System for which System funds are not available, or for paying unexpected or extraordinary expenses of operation and maintenance of the system for which System fundu are not otherwise available, or for any other lawful purpose. Section 14. EMERGENCY FUND. There is hereby created and , I there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund"). The Emergency Fund shall be used for the purpose of paying unex- pected or and extraordinary maintenance expenses System for which cneither 26 i 27 System funds nor the moneys in the Extension and Improvemeu/n'd Fund are available. There was deposited in the Emergency Fund simultaneously with the delivery of the Series 1983 Bonds to I t he initial purchasers thereof from lawfully available funds of the income tfr mhethe amount Of Emergency 2 Fund shall l be investment transferred interest r the System Fund as received. Section 15. DEPOSITS OF PLEDGED REVENUES. Pledged Revenues shall be credited to or deposited in the Interest and Sinking Fund, the Reserve Fund, the Extension and Improvement and other fnds when ordinance a thorizingnthesissuancedof b this Additional iBonds. I Section 16. INVESTMENTS. Money in any Fund established pursuant to this ordinance or any ordinance authorizing the issuance of Additional Bonds, may, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be in- vested in Government obligations (as defined in Section 8 hereof) or obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and c obligations of redit or represent its general obligations, or invosted in Americas including, but not Instrumentalities to, h evidences of indebted- ness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Govern- ment National „nrtgage Association, United States Postal Service, Farmers Home Administration, Federal Home Loan Mort- gage Association, Small Business Administration, Federal Housing Association, or Participation Certificates in the Federal Assets Financing Trusty provided that all such deposits and investments shall be made in such manner as will, in the opinion of the city, permit the money required to be expended from any Fund to be available at the proper time or times as expected to be needed. Such investments (except United States Treasury Obligations--State and Local Government series invest- ments held in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value as of the last day of each fiscal year. Unless otherwise set forth herein, all interest and income derived from such deposits and investments immediately shall be credited to, and any losses debited to, the Fund from which the deposit or investment was made, and surpluses in any Fund shall or may be disposed of as hereinafter provided. Such investments shall be sold promptly when necessary to prevent any default in con- nection with the Parity Bonds or Additional Bonds consistent with the ordinances, respectively, authorizing their issuance. 27 y Section 17. FUNDS SECURED. That money in all Funds~r created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law. Section 18. PRIORITY OF DEPOSITS AND PAYMENTS FROM SYSTEM FUND. That the City shall make the deposits and payments from thisgOrdinanceeand anthe System y ordinance u authorizing any rAdditional Bonds, and such deposits shall be made in the following manner Y and with the following irrevocable priorities, respectively: First, to the Interest and Sinking Fund, when and in th4 amounts required by this ordinance and any ordinance authorizing any Additional Bonds; Second, to the Reserve Fund, when and in the amounts required by this ordinance and any ordinance authorizing any Additional Bonds; and Third, to the Extension and Improvement Fund, when and as required by Section 21 of this ordinance. Section 19. INTEREST AND SINKING FUND REQUIREMENTS. The C and ity shall cause to be deposited to the credit of the Interest fromSinking the sale Fund the accrued interest of the Initial Bond and n on a or before premium the c25thd i day of each month, the city shall cause to be deposited to the credit of the Interest and Sinking Fund, in approximately equal monthly payments, amounts sufficient, together with any other funds on hand therein, to pay all of the interest or principal I and interest coming due, including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Parity Bonds and any Additional Bonds on the next succeeding interest payment date. Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory redemption require- i maytbetusedh by theh Ciother ty, to lawfully purchase,In aailable advance funds of of the a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the datof purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date, The Paying Agent shall cancel any Parity Bonds so purchased. Section 20. RESERVE FUND REQUIREMENTS. There is now on hand in the Reserve Fund an amount of money and Government obligations which is in excess of $3,000,000 and which is at least equal to the average annual principal and interest requirements of the Series 1983 3onds, the Series 1984 Bonds, the Series 1984-A Bonds, the Series 1987 Bonds, the Series 1988 28 i I (A NO Bonds, the Series 1989 Bonds, and the Series 1992 Bonds (tho~,~ J current "Required Reserve AmountIO), except and provided that following the issuance and delivery of the Initial Bond (Series 1993) the Required Reserve Amount shall become and be an amount of money and investments equal to the average annual principal and interest requirements of all the outstanding Parity Bonds and Additional Bonds; provided further, however, that the Required Reserve Amount shall never be less than. $7,000,000 if the maximum annual principal and interest requirements on all outstanding Parity Bonds and Additional Bonds exceeds $3,000,000. Immediately after the issuance and delivery of the Initial Bond there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Initial Eond, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the average annual principal and interest requirements of all then out- standing Parity Bonds (the then Required Reserve Amount). After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount. Any increase in the Required Reserve Amount may be funded from Pledged Revenues, or from proceeds from the sale of any Addi- tional Bonds, or any other available source or combination of sources. All or any part of the Required Reserve Amount not funded initially and immediately after the delivery of any installment or issue of Additional Bonds shall be funded, within not more than five years from the date of such delivery, iystdeposits on Pledged or before Revenues the e 25th dayapproximately of each mon th. Princi- p must be redeemed al amounts of the Parity Bonds and any Additional Bonds which pursuant requirements shall be doomed aapplicable beb maturing mandator is eof principal requirements ronhsuch rbonds. When and so principal long c asa the amount interest the Reserve Fund is not less than the Required Reserve Amount no deposits shall be made to the credit of the Reserve Fund) but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the City shall transfer from ofethedReserveRevenues on or Fund, Fund , tmonthlySystem before deposit of credit day the 25th to each month, a sum equal to 1/60th of the Required Reserve Amount, until the Reserve Fund is restored to the Required Reserve Amount. The City specifically covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all amounts in excess of the Required Reserve Amount to be deposited to the credit of the Interest and Sinking Fund. 29 i ~~am.7aNo Section 21. EXTENSION AND IMPROVEMENT FUND E c✓ ~r f During each year, subject and subordinate to making Uthe re quired deposits to the credit of the Interest and Sinking Fund and the Reserve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, from Pledged Revenues in the System Fund, an amount equal to 9$ of the "Adjusted Gross Revenues of the System", which term is hereby defined to mean the following; the Gross Revenues of the system for such year after deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attribut-able all of electric energy e by costs city related and/or the production chase of electric energy by the City, (ii) the pur- Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the Improvement Fund as permitted by Section 22 (b) hereof, but no such addi- tional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in I and remain a part of such Fund. Section 22. DEFICIENCIES; EXCESS PLEDGED PIWENUES, (a) If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sinking Fund or the Reserve Fund, such deficiency shall be made up as soon as possible from the next available Pledged Rev- enues. (b) Subject to making the required deposits to the credit of the various Funds when and as required by this ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged Revenues may be used by the City for any lawful purpose. Section 23. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. On or before June 1, 1993, and semiannually on or before each December 1 and June 1 thereafter while any of the Parity Bonds or Additional Bonds are outstanding and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Sinking Fund, or if necessary, out of the Reserve Fund, money sufficient to pay, on each of such dates, the ' principal of and interest on the Parity Bonds and Additional Bonds as the same matures and comes due, or to redeem the mandParitayoBonds or or atBonds the prior to of the rCit' either upon direction of the City the Paying Agents shall either deliver paid Parity Bands and Additional Bonds, and any interest 30 f i a1 tem_._.1C' coupons appertaining thereto, to the City or destroy all paid Parity Bonds and Additional Bonds, and any coupons appertaining thereto, and furnish the City with an appropriate certificate of cancellation or destruction. Section 24. FINAL DEPOSITS. (a) Any Parity Bond or Additional Bond shall be deemed to be paid, retired, and no longer outstanding within the meaning of this ordinance when - payment of the principal of, redemption premium, if any, on such Parity Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemp- tion or provision for the proper giving of such notice having been made), or (ii) shall have been provided by irrevocably depositing with or making available to a Paying Agent therefor, in trust and irrevocably set aside exclusively for such pay- ment, (1) money sufficient to make such payment or (2) Govern- ment obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Parity Bonds and Addi- tional Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent. At such time as a Bond or Additional Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Government obligations. (b) Any moneys so deposited with a paying agent may ,,t the direction of the City also be invested in Government obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Parity Bonds and Additional Bonds, the redemption premium, if any, and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City or deposited as directed by the city. Section 25. ADDITIONAL BONDS. (a) The City shall have the right and power at any time and from time to time, and in one or more series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Parity Bonds or 31 k;endlN~. __.lf~ll~ Additional Bonds, or other obligations. Such Additional s if and when authorized, issued, and delivered in ac Bond rdance With this Ordinance, shall be payable fr co om and secured by an irrevocable first lien on and pledge of the Pledgedth Revenues, Bonds land n any ratably on a othe B o Ain all re ty outstanding dditionalpBondswi the Pari (b) The principal of all Additional Bonds must be sched- uled to be paid or mature an December 1 of the years in which such principal is scheduled to be paid or mature. Section 26. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS. Additional Bonds shall be issued only in accordance with this ordinance, and no installment, Series, or issue of Additional Bonds shall be issued or delivered unless: written) cer1he Mayor of the tificate to the City effect dthathe t they Cisecretan ty is rnot i in a default as to any covenant, condition, or obligation in connec- tion with all then outstanding Parity Bonds and Additional Bonds, and the ordinances authorizing same, and that the j Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. dependent firm independent certified rpublic accountants,~nacting bor In- y and through a certified public accountant, signs a written certifi- cate to the effect that, in his or its opinion, during either the next preceding fiscal year, or any twelve consecutive calendar month period out of the 18-month period immediately preceding the month in which the ordinance authorizing the issuance of the then proposed Additional Bonds is passed, the Pledged Revenues were at least (1) 1.25 times an amount equal to the average annual principal and interest requirements, and (11) 1.10 times an amount equal to the principal and interest requirements during the fiscal year during which such require- ments are scheduled to be the greatest, of all Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds. it is specifically provided, however, that in calculating the amount of Pledged Revenues for the purposes of this subsection (b), if there has been any increase in the ratr.s or charges for ser- vices of the system which is then in effect, but which was not ` in effect during all or any part of the entire period for which the Pledged Revenues are being calc,31ated (hereinafter referred to as the "entire period") then the !ertified public account- ant, or in lieu of the certified public accountant a firm of consulting engineers, shall determine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the entire period, plus (ii) a sum equal to the 32 aggregate amount by which the actual billings to customers die L~ f the System during the entire period would have been increased if such increased rates or charges had been in effect during the entire period. (c) Provision shall be made in the ordinance authorizing their issuance for increasing the Reserve Fund to the Required Reserve Amount as required by Section 20 hereof. (d) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in making calculations for such purpose, and for any other purpose under this Ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatozy redemption requirements shall be deemed to be maturing amoun':s of principal of such bonds. Section 27. GENERAL COVENANTS. The City further ccve- nants and agrees that in accordance with and to the extent required or ~ Permitted by law: any and) al le c` g, undertakings, It will h stipulations, perform at 11 times sions contained in this Ordinance, and each ordinance authoriz- ing the issuance of Additional Bonds, and in each and every Parity Bond and Additional Bond; that it will promptly pay or cause to be paid the principal of and interest on every Parity A Bond and Additional Bond, on the dates and in the places and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Parity Bonds or Addi- tional Bonds may require the City, its officials, and em- ployees, to carry out, respect, or enforce the covenants and obligations of this ordinance, or any ordinance authorizing the issuance of Additional Bonds, by all legal and equitable means, including specifically, but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials, and employees. , (b) The it Au+h.,,.~~ is a and existing home rule cit- y f the stateiof Texas, and ise duly authorized under the laws of the State of Texas to create and issue the Parity Bonds and Additional Bonds; that all action on its part for the creation and issuance of the said obligations has been or will be duly and effectively takon, and that said obligations in the hands of the holders and owners thereof are ` 33 I +05nU2Na . ,_f and will be valid and enforceable special obligations City in accordance with their terms. of the (c) T It. The City has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds and Additional Bonds, against the claims and demands of all persons whomsoever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Parity Bonds and Additional Bonds in the manner prescribed herein, and has lawfully exercised such rights. (d) Liens. ':he City will from time to time and before the same become delinquent pay and discharge all taxes, assess- ments, and governmental charges, if any, which shall be law- fully imposed upon it, or the System, that it will pay all lawful claims for rents, royalties, labor, materials, and sLpplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, laborer's, materialman s, or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired= provided, however, that no such tax, assess- ment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer0s, materialmants, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (e) Operation of Syetemr No Free ervi e, PWhile the arity Bonds or any Additional Bonds are outstanding and unpaid the City shall continuously and efficiently operate the System, and shall maintain the System in good condition, repair, and working order, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies, instrumentalities, lessors, or concessionaires make use of the services and facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City or any of its agencies, instrumen- talities, lessors, or concessionaires out of funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as permitted by Section 22(b) hereof. Additional8ondsrarecoutstandinyWhile and u paid a he City shall Bonds or any 34 J i Agef~ 5a lter,?_ additionally encumber the Pledged Revenues in any mannei; except as permitted in this Ordinance in connection with Additional Bonds, unless said encumbrance is made junior and asubordinate in agreements Oflthis pOrdinance and any,ordf ante authorizing t he issuance of Additional Bonds; but the right of the city to issue PledgedeRevenuesnis sable from a pecifically recognized subordinate nd i reta ned rpass permitted under Section 22(b) hereof). (g) Sale or Disposal of Pro pert While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall not sell, convey, mortgage, encumber, lease, or in any manner transfer title to, or dedicate to other use, or other- wise dispose of, the System, or any significant or substantial part thereof; provided that whenever the City deems it neces- sary to dispose of any property, machinery, fixtures, or equipment, or dedicate such property to other use, it may do so either when it has made arrangements to replace the same or provide substitutes therefor, or it is determined by resolution j of the City Council that no such replacement or substitute is necessary. (h) Ins_ uranee, (1) The City shell cause to be insured such parts of the System as would usually be insured by corpor- ations operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against •rhich and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage i nsurance, insurance against damage by floods, and use and occu insurance aInsurance. Public labil and propert damage lso shall be carriediunlessythe City Attorne gives a written opinion to the effect that the City is not liable for claims which would be protected by such insurance. All insur- ance premiums shall be paid as an expense of operation of the System. At any time while any co):tractor engae;ed in construc- tion work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being con-contractor insuranceif All such policiess shallbe required peri carry appropriate , of the Bonc'holders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desir- able to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property 35 -+grfiaaNo destroyed; provided, however, that if said insurance roc C/ J and other funds are 'eds i insufficient for such purpose, then snsurance proceeds pertaining to the System shall be aid deposited in a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account. The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements origin- - ally required. secti(on) commentiThe annual on whether eon n na'lerthrequ City has complied with the requirements of this Section with res pect to the naito a Hance of insurance, and shall state whether or not all insur- ance premiums upon the insurance policies to which reference is made have been paid. (i) Annu._ al Budget and Rate pr'DY repare, prior to the beginning of each fiscal The City shall budget, in accordance with law year, an annual receipts and disbursements for the lensu ng nfiscalayearf in sh sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fiscal year. maintain, and collect The City shall fix, and fees for the use and availability of theuSystemeat allrtimes as are necessary (1) to produce Gross Revenues sufficient, together andhmaintenanLre Pexpenses eof venues, Syto ay all stem, and current operation amount of Pledged Revenues during each fiscal)ye.r patdleastn equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds or 1.25 times the succeeding fiscal year's principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds. and a(J) E 2r". The city true, keep proper books of record ccount will be made of all dealin s proper, and correct entries relating to the System, the Pledgedv Revenues,~dandathec Funds and reavouctedhpersursurelant hthere of shall at all reasonable times be and all made available for inspection upon re booker documents, Bolder or citizen of the Ciky. To the extent consistent ith the provi- sions of this ordinance, the City shall keep and records in a manner conforming to standard accounting pr and as usually would be followed by private co practices giventtogessentialydifferencestbetweenpmunicipaloandtcorporate accounting practices. 36 { ,Venda No Agenda item_ ~i JJ (k) Audits. After the close of each fiscal year ~ihile any of the Parity Bonds or any Additional Bonds are outstand- ing, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable from Pledged Revenues, and to any Bondholders who shall so request in writing. The annual audit reports shall be open to the inspec- tion of the Bondholders and their agents and representatives at all reasonable times. (1) Governmental Agencies, It will comply with all of the terms and conditions of any and all franchises, permits, and authorizations applicable to or necessary with respect to the System, and which have been obtained from any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and mainte- nance of the System. (m) No Competition. It will not operate, or grant an franchise or, to the extent it legally may, permit the acquisi- tion, construction, or operation of, any facilities which would be in competition with the System, and to the extent that it legally may, the City will prohibit any such competing facili- ties. (n) No Arbitrage. The City covenants to and with the purchasers of the Parity Bonds and any Additional Bonds that no use will be made of the proceeds of any of such bonds at any time throughout the term of any of such bonds which, if such use had been reasonably expected on the date of delivery of any of such bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds within the meaning of section 103(c) of the Internal Revenue Code of 1954, as amended, or the Internal Revenue Code of 1986, or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Codes and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of 411 such bonds will not otherwise be used directly or indirectly so as to cause all or any part of such bonds to be or become arbitrage bonds within the mda,ting of the aforesaid Codes, or any regulations pertain- ing thereto. 37 Section 28. AMENDMENT OF ORDINANCE. The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Parity Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this ordinance which may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this ordinance or in the Parity Bonds or Addi- tional Bonds so as to: (1) Make any change in the maturity of the out- standing Parity Bonds or Additional Bonds; (2) Reduce the rate of interest borne by any of the outstanding Parity Bonds or Additional Bonds; (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Parity Bonds or Addi- tional Bonds or impose any conditions with respect to such payment; (5) Affect the rights of the holders or owners of less than all of the Parity Bonds and Additional Bonds then outstanding; (6) Change the minimum percentage of t`a prin- cipal amount of Parity Bonds and Additional Bonds neces- sary for consent to such amendment. (b) If at any time the City shall desire to amend the Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial publica- tion of general circulation in The city of New York, New York, once during each calendar week for at least two successive calendar weeks. such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by all holders or owners of Parity Bonds and Addi- tional Bonds. Such publication is not required, however, if notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the city shall receive an instrument or instruments executed by the holders or 38 i ti 0 01 %1 r alp r IE owners of at least 523 in a g 1_'1 riipal Parity Bonds and Additional Bo ds ethen ncutstandingt which l' instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy i thereof on file with the Paying Agents, the City Council may 1 pass the amendatory ordinance in substantially the same form. (d) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this ordinance shall be deemed to be amended in accordance with such amendatory ordi- nance, and the respective rights, duties, and obligations under this ordinance of the City, and all the holders or owners of then outstanding Parity Bonds and Additional Bonds and all future Parity Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. (e) Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this Section shall be irrevocable for a period of six months from the date of the first publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders or owners of the same Parity Bond or Additional Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the holder or owner who gave such consent, or by a successor in title, by filing notice thereof with the paying a gents and the City, but such revocation shall not be effective if the of the heneoutstanding Parity B Bonds aggregate principal nds amount nin this Section defined have, prior to the attempted revocation, consented to, and approved the amendment. holding(f) ofF Pathe Bons purpose or Addtinal Section, Bonds h which t are ine bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a certi- ficate executed by any trust company, bank, banker, or any other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust acomndpAdany, BornidseYde described other depository, esuch tcertifithe atParity e Bonds City may conclusively assume that such ownership continues until ' written notice to the contrary is served upon the city. The ownership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. 39 r agendalfas~~ __1~''•~...~ Section 29. DAMAGED ` el <t STRoyED BONDS. (a) Reo1r~MU_TILATED' LAST, STOLEN, OR outstanding Bond is damaged, n° In the destroyed, the Paying Age t/Registrartshall event any lost, stolen, or ed, executed, and delivered, a new bond of cause to beprint amount, maturit the same principal stolen, or, and interest a e as the damaged ncipal in the manner hereidestroyed Bond In nafter replacement for suchl~ provided. Bond (b) Ado-_liWtion Eor R replacement of dams edreemen__ rte= Application for , lost, stolen, or destroyed Bonds shall be made by the lregistered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, h destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as ma by them to save each of them harmless from an red y lyoss s or damage with respect thereto. Also, in every case of loss destruction of a Bond, the issuer and to the Paying A istered owner shall theft, or satisfaction of gent/Registrar rnish to stheir as the case may bee lire eve heft, or destruction of such Bond, case of dama or Bond, the registered owner shall surrender to mthelation of a Ping Agent/Registrar for cancellation the lated. Bond so damaged ur muti- (c) No Default Notwithstanding the foregoing provisions of this Section,cin the event any such Bond s?--all have matured, and no default has occurred which is then con- tinuing in the payment of the ti any, or interest on the go principal of, redemption premium, payment of the same , the Issuer may authorize the case of a damaged or(wmutilated rBoonder thereof except n the replacement Bond, provided security or instead y issuing a as above provided in this Section, indemnity is furnished Issuance of an shall charge t he regi tared owner, fhsuch Bond g prior to the shall n Y n Agent/Registrar with printing, and other a lenses in connection therewith?1 legal, replacement bond section by virtue of the pursuant the Every destroyed shall constitute d provisions this Issuer whether or not the lost contract aln obligation stoflthe or , stolen, or destroyed Bond shall be found at any time, or be enforceable b entitled to all the benefits of y anyone, and shall be proportionately with any and all ot this ordinance. this her Bonds duiY iequsalsulyed under ~ er 40 irle r 3 c~ (e) Authority for Issuing R 0 acem .,r BOnda, In accor- dance with section 6 of Vernonts Ann. Tex. Civ. St. Art. 717k-6, this section of this ordinance shall constitute author- ity for the issuance of any such replacement bond 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 bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authen- ticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this ordinance for Bonds issued in conversion and exchange for other Bonds. section 30. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from any action which would ad- versely affect, and to take such action to ensure, the treat- ment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable 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 Bonds (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 r_re than 10 percent of the proceeds are so used, that 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 Bonds, in contravention of section 141(b)(2) of the code: event privye e buany siness action that the "to se" described a in in the subsection (a) hereof exceeds 5 percent of the, proceeds of the Bonds (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 user which(ie to take any action to assure that no amount greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts depos- ited into a reserve fund, if any) is directly or indirect- ly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; 41 i"911A l!ear___ (d) to refrain from taking any action which wodid`~ , otherwise result in the Bonds being treated as 11 rivate activity bonds" within the meaning of section I41(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guarantee.i1' within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the pro- - , ceeds of the Bonds, 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 Bonds, other than investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, debt ce ) fund, within Invested in a servi the meaning on of fide section 1.103-13(b)(12) of the Treasury Regulations, and quired quired3reserve nor eplacementi fund yto reasonably the extent re- amounts do not exceed 10 percent of the the Bonds; proceeds of (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, tit the extent applicable, section 149(d) of the Code 'relating to advance j refundings)t (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 Bonds) 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 Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Coda; and 42 F f ._L l (1) 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 at least six years following the final payment of princi- pal and interest on the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Ccle and any regulations or rulings promulgated by the U.S. _ Department of the Treasury pursuant thereto, In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognizes bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code, In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nation- ally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. { Section 31. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Bond, other than proceeds deposited in the Interest and Sinking Fund and the Reserve Fund, shall be used along with other available proceeds for improving the Systems provided that after completion of the improvements if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to the Covenants Regarding Tax-Exemption herein so as to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Ordinance. Section 32. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and , proceedings pertaining to the Initial Bond pending its delivery and its investigation, examination, and approval by the Attor- ney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said 43 I 1► f I Comptroller) shall manually sign the Comptroller's Registrat`lon Certificate on the Initial Bond, and the seal of said Comptrol- ler shall be impressed, or placed in facsimile, on the Initial Bond. 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 Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 33. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to for cash for the par value- t' hereof and accrued interest thereon to date of delivery, plus a premium of $66.90. It is hereby officially found, determined, and declared that the initial Bond has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an official Notice of Sale and Bidding Instructions and Official Statement dated March 2, 1993, prepared and distributed in connection with the sale of the Initial Bond. Said official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Bonds is hereby ap- proved. It is further officially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and official Statement are true and correct in all material respects. Section 34. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distri- bution of the Bonds will be made to the public, and the Deposi- tory Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated 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 "clearing agency" regis- tered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond 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 44 I i f AVPda No Ag©ntla~tea~ Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for eact; maturity of such Initial Bond, with each such substitute Bond 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 Bonds on behalf of the Purchas- er and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof (the "`TT Participants"). section 35. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary 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, acknowl- edge, 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 previsions of this Bond Ordinance, the Bonds, the sale of the Bonds, and the Notice of Sale and Official Statement; and the Director of Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signa- ture shall nevertheless be valid and sufficient for all purpos- es the same as if such officer had remained in office until such delivery. 45 a CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1993, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON r We, the undersigned officers of said City, hereby certify as follows: j 1. The City Council of said City convened in REGULAR MEETING ON THE 16TH DAY OF MARCH, 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 Chew 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 UTILITY SYSTEM REVENUE BONDS, SERIES 1993, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO 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: 2. That a true, full, and correct copy of the aforesaid ordinance passed at the Meeting described in the above and 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 each of the officers and members of said City Council was duly and sufficiently notified officially and perzonally, 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 I 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. 3. That the Mayor of said City has approved, and hereby approves, the aforesaid ordinance; that the Mayor and the City Secretary of said City have duly signed said ordinance; and 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 16th day of March, 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 and Attorneys I `.1.1-COUNCII i $ Ia ~ t+ .Irk ~I 11:1 : 171 MIMMIXIMn 10 4 h ~c: ra "MT o TTM TIM o e a - IM, IM: ~~kQGt,~oo0 MIT: I.: r• I Date /b ORDINANCE NO. 93-_ ttV~c ~'tjf ✓7'1 ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1993, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO THE STATE OF TEXAS : COUNTY OF DENTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were lawfully and favorably voted at an election duly held in said City on DECEMBER 131 1986; and I I! WHEREAS, out of the bonds aggregating the amount of $21,637,000 voted at said election, the City has duly issued $13,345,000 thereof, represented by the City's bonds designated as: SERIES 1987, SERIES 1988, SERIES 1989, and SERIES 1992; and WHEREAS, the Council of said city deems it necessary and advisable to authorize, issue, and deliver another installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be issued, sold, and delivered pursuant to Vernon0s Ann. Tex. Civ. St. Articles 823 and 1175, Article IX. of the City's Home Rule Charter, and other applicable laws. THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY I ORDAINS THAT: 1 I Section 1. AMOUNT AND PURPOSE OF THE BONDS. The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate princi- pal amount of $2,975,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING !MPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: $575,000 FOR IMPROVEMENTS TO PUBLIC LIBRARIES; and $2,400,000 FOR CONSTRUCTING A CITY LAW ENFORCEMENT AND COURT BUILDING. Section 2. DESIGNATION OF THE BONDS. Each bond issued pursuant to this Ordinance shall be designated: "CITY 0 DENTON GENERAL OBLIGATION BOND, SERIES 199311, and initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in install- ments of principal (the "Initial Bond"), but the Initial Bond may be assigned and transferred and/or converted into and 1 ' f toooa Na DaN exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $50000, all in the manner herein- after provided. The term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds. Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURI- TIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BOND. (a) The Initial Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MARCH 1, 1993, in the denomination and aggregate principal amount of $2,975,000, 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 Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL BOND set forth in this Ordinance. (b) The Initial Bond (i) may be prepaid or redeemed prier to the respective scheduled due dates of installments of principal thereof, (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the initial Bond shall be payable, all as provided, and in the manner required or indi- cated, in the FORM OF INITIAL BOND set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bond shall bear interest from the date of the initial Bond to the respective scheduled due dates, or to the respec- tive dates of prepayment or redemption, of the installments of principal of the initial Bond, and raid interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL BOND set forth in this ordinance. 2 Agenda Iterr)._ Date 3 Section 5. FORM OF INITIAL BOND. The form of the Ini ial Bond, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorse,] on the Initial Bond, shall be substantially as fol- lows: FORM OF INITIAL BOND / NO. R-1 $2,975,000 UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1993 THE CITY OF DENTON, in Denton County, Texas (the "Issu- er"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of $2,975,000 (TWO MILLION NINE HUNDRED SEVENTY FIVE 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 schedule: PRINCIPAL PRINCIPAL 11M AMOUNT YEAR AMOUNT 1994 $ 1250000 2004 $1500000 1995 150,000 2005 1500000 1996 1500000 2006 1500000 1997 150,000 2007 1500000 1998 150,000 2008 150,000 + 1999 1500000 2009 150,000 , j 2000 150,000 2010 1500000 { 2001 1500000 2011 150,000 2002 1500000 2012 1500000 2003 1500000 2013 1500000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Bond hereinafter stated, on the balance of each such installment of 1 i 3 d f principal, respectively, from time to time remaining unpaid, at the rates as follows: t per annum on the above installment due in 1994 `t per annum on the above installment due in 1995 t per annum on the above installment due in 1996 t per annum on the above installment due in 1997 t per annum on the above installment due in 1998 t per annum on the above installment due 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 above installment due in 2002 per annum on the above installment due in 2003 _t per annum on the above installment due in 2004 i _t per annum on the above installment due in 2005 per annum on the above installment due in 2006 ~t per annum on the above installment due in 2007 t per annum on the above installment due in 2008 t per annum on the above installment due in 2009 t per annum on the above installment due in 2010 t per annum on the above installment due in 2011 _t per annum on the above installment due in 2012 _t per annum on the above installment due in 2013 with said interest being payable on JANUARY 10 1994, and semi- annually on each JULY 1 and JANUARY 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. THE INSTALIMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The install- ments of principal and the interest on this Bond are payable to the registered owner hereof through the services of NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each princi- pal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter providedt 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 Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer 4 :~a4a covenants with the registered owner of t~rr 3J before each principal and/or interest his Bond that on or payment date for this ava thed"Interestmand SinkinglFund"tcreatednb Agent/Registrar, from the amounts required to provide for the a the Bond Ordinance, available funds, of all principal of and when due. pinterestionithisieondY est onFtTHE BDATE ond for the payment o the principal of or inter- s shall be aturda, Su Pa in ndayo a legal holiday, or a day on which banking institutions in the City where the Y g 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 rized to sameoforce andceffectlose; if made on thehoridate shall have ginal ate pa the was due. payment THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WI'r- PUBLIC LIBRARIES; and $2,400,000 $FORrCONSTRUCTING A CITYSLFW ENFORCEMENT AND COURT BUILDING. ON JULY 1, 2002, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a 1 whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated b ~ y the issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrues' interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for an prepayment or redemption a written notice of such y such redemption shall be mailed by the Paying prepayment he registered owner hereof. B Agent/Registrar c the ' prepayment or redemption due the date fixed for any such rovisil Issuer with the Paying Agent/Regi tarn fora the eammen by th t of required prepayment or redemption price for this Bond or the h e portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to 5 1 4WdaNo Nfe 3?- be so prepaid or redeemed, thereby automatically shall be( l/ treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued inter- est to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof, THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed 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 in the capacity of registrar for the Bonds, upon the terms and conditions set forth in tha Bond Ordinance, Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/ Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $50000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof in or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new ~J bond or bonds payable to such assignee or assignees (which then will to the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conver- sion and exchange of this Bond or any portion hereof. The registered owner of this Bond 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 Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected b!, any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance 6 i I Agenda Na (1i. '.e'C'_`~ Agendagenl ate hereof, may be converted into and exchanged for a like aggr`- ^c/ gate principal amount of fully registered bonds, without +1 interest coupons payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, al reistered owner Bondowhichiis niot be ng assigned and transferred by the initial any portion of this registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement here- inafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedcrea set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date correspond- ing to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installment, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond 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. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) 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, or, ii with any Bond or portion thereof called for prepayment or redemp ion prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified 7 1 i Ag"04 No Agendakarrr,__ substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, 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 Bond have been performed, existed, and been done in accordance with law; that this Bond 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 Bond, 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 pre- scribed by law. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond 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 provisions of this Bond and the Bond Ordi- nance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the issuer has caused this Bond 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 Issuer, has caused the official seal of thr issuer to be duly impressed on this Bond, and has caused this Bond to be dated MARCH 10 1993. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) FORM OF REGISTRATION rtERTIFICATE OF THE ' COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATES REGISTER NO. I hereby certify that this Bond has been examined, certi- fied as to validity, and approved by the Attorney General of 8 /Venda No AwMlwi 0,- the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the Strte of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLERIS SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS. Registration and Tr-nafer, t (a) The Issuer shall keep or cause o be kept at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (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 prescribes and the Paying Agent/Registrar Agent/Registrar such transfers and registrations as herein provided. The Paying Books/theiaddress shall the obtain and reg! teredeowner of each Registration t to twhich payments with respect to the Bonds 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 mailud, and such interest payments ! shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registrat.',on Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying Agent/Registrar shall keep the Regis- tration Books confidential anti, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registra- tion Books only upon presentation and sui.ender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satis- factory to the Paying Agent/Registrar, (i) evidencing the assignment of the Bond, or any portion thereof in any integral 1 multiple of $9,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a now substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned 9 •T 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 Bonds issued and de- livered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral 1 multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated j principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this ordinance, and shall hive the characteristics, and may be assigned, trans- ferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal { maturity date corresponding to the die date of the installment of principal or portion thereof for vl.ch the substitute Bond is being exchanged; and each such Bond :hall bear interest at the single rate applicable to and borne such installment of principal or portion thereof for which it is being exchanged. If only a portion tf the initial Bond is assigned and trans- ferred, there shall be delivered to and registered in the name of the initia' registered owner substitute Bonds in exchange for the unassi.•ned balance of the Initial Bond in the same manner as is .re initial registered owner were the assignee thereof. If a i Bond or portion thereof other than the Initial Bond is asiign and transferred or converted each Bond issued in exchang. therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in ' conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Regis- trarls standard or customary fees and charges for making such 10 r + I 4C8ndaNo transfer and delivery of a substitute Bond or onds, but the one requesting such transfer shall pay any taBxes 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 Bond or any portion thereof (i) 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, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) The entity in whose name any Bond shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purpos-as of this Ordinance, whether or not such Bond 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 Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, (c) Payment of Aonrla an 7 T 4 The Issuer hereby further appoints the Paying Agent /Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, 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 Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. (d) conversion and Erehwnnn Renlare cation. Each Bond issued and delivered pursuant to this ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered t,wrer or the assignee or assignees thereof, or its or their duly authorized attorneys or represen- tatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered vertedowner such assignea or for fully registered bonds, bwithout interest coupons, in the form prescribed in the FORM OF SUBSTI- T $5,000, or any UTE BAND set forth in this ordinance, in the denomination of requirement hereinafter lstated pthat f each o ubstit to Bond shall 11 i i I i 1 Agenda Item. FWO have a single stated maturity date), as requeed in ng 6y such registered owner or such assl'!I:ee orassignees writing y aggregate principal amount equal tv the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond 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 a portion of any Bond (other than the initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or l;ortion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. Tha Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this ordinance shall constitute one of the Bonds for all purposes of this ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Data for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenti- cated after such first scheduled Rec est from the interest a ord Date shall bear Snter- which such substitute Bonde asd soe uthentica ed 5 unless su on 1 Bond 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 Bond the interest on the Bond for which it is being bearaigterestdfromutheadatettoe whichi then such Bond interest has been 12 r Agonda No ~1 CO 7 Agenda flern_._ paid in full. THE INITIAL BOND issued and delivered pursua(~t to this ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this ordinance there shall be printed a bond, in the form substantially as followst "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE - It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bondi and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS Paying Agent/.^.egistrar Dated By Authorized Representat ve" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Bond, date and manually sign the above Bond, and no such Bond shall be desmed to be issued or outstanding unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surren- dered for conversion and exchange or replacement. No addition- al 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 Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imFosed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or 13 i it customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one re- q`iesting any 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 or replacement of Bonds or any portion thereof (i) 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, or, %it) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) In cenjUl. All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on Auch Bonds to be payable only to the registered owners thereof, (it) may ha redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORK OF SUBSTITUTE BOND set forth in this ordinance. (f) PbYment of Fees and a raeQ. The Issuer hereby covenants with the registered owners of the Bonds that it will Paying yAgent/Registrar the standard or for its services withcrespectoto the payment of the principal of and interest on the Bonds, when due, and (it) pay the fees and charges of the Paying Agent/ Registrar for services with respect to the transfer of regis- tration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance. (g) Substitute Payinc Aq re.*/Registrar. The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds 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 Bonds under this ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar 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 14 Awdo Na Agenda ~tem___ time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or other- wise 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/Regis- trar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Regis- trar 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 Bonds, 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 performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provi- sions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrar's Bond to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, of insertions as are per- mitted or required by this Ordinance. FORM OF SUBSTITUTE BONn NO. UNITED STATES OF AMERTCA PRINCIPAL AMOUNT STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1997 ORIGINAL DATE INTEREST RATE MLj=j..Q= OF ISSUE CUSIP NO. % MARCH 1, 1953 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 (e ther being here nafter called the "registered owner") the principal amount of ~ 15 I I ti 61 and to pay interest thereon, calculated on the basis of a 1 360-day year composed of twelve 30-day months, from MARCH 1, 1993, to the maturity date spo.:ified above, or the date of redemption prior to maturity, at the interest rate per annum specifiad 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 Bond is later Record Date (hereinafter defined), such princi- pal amount shall bear interest from the interest payment date next preceding the date of authentication, 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 1 THE PRINCIPAL OF AND INTEREST ON this Bond are payable in i lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or tpon the date fixed for its redemption prior to maturity, at the principal corporate trust office of NATIONSBANK OF TEXAS, N.A., DALLAS TEXAS, which is the "Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, fromrawn funds ofpthenIssuertrequired aby the ordinance lauthorizing the issuance of the Bonds (the ''Bond 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 at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such inter- est may be rude by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon ' the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemption and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment 16 t9tide No date, interest payment date, and accrued interest payment data for this Bond it will make available to the Paying Agent/ Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to providi for the pay- ment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or inter- est on this Bond 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 hall be the next succeeding day which is not such a Saturday, Sunday legal holiday, or day on which banking institutions are authorized to closer and payment on such date shall have the same force and effect as if made on the original date payment was due. ! THIS BOND is one of an issue of Bonds initially dated MARCH 1, 1993, authorized in accordance with the Constitution I and laws of the State of Texas in the principal amount of $20975,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT; $575,000 COR IMPROVEMENTS TO PUBLIC LIBRARIES; and $2,400,000 FOR CONSTRUCTING A CITY LAW ENFORCEMENT AND COURT BUILDING. ON JULY 1, 2002, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, thu particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemp- tion of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a finan- cial publication, journal, or reporter of general mirculation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State cf Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to Le redeemed t` its address as it appeared on the 45th day prior to such redemption dater provided, however, that 17 W_ --TWqqlr J $landa No _ _ .l3 1 a9endaltem.__ if, We the failure to send, mail, or receive such notice, or an ✓~7J defect therein or in the sending or mailing thereof, shall not af_ect the validity or effectiveness of the proceedings for the reaemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions there- of. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and j they shall not bear interest after the date fixed for redemp- tion, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Scalds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unre- deemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS Y OR GRAL MULTIPLEDOFR$5,0000 may be assigned and RshallNbe trans- ferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond ordinance, Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfac- tory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in o;hose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment ' printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representa- tive,to evidence the assignment hereof. payable to such assignee or assignees (which th no willr beo he new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment 18 AwdaNo AgeodaFtem _K,5 we J2) and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such trans- fer, but 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 Ciis Bond or any portion hereof (i) 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, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered owner of this Bond 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 Bond 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 BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or as- signees hereof, bt converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $50000 as requested in writing by the appropriate registered owner, assignee, or assigneea, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancella- tion, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/ Registrars standard or customary fees and charges for trans- ferring, converting, and exchanging any Bond 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 (i) 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, or, (ii) with respect to any Bond or portion 19 AQendaNo AGenaaitem _ # < thereof called for redemption prior to maturity, within 45 -'ays prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond ordinance that it promptly will appoint a competent and legally qualified substi- tute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, 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 Bond have h been performed, existed, and been done in accordance with law; that this Bond is a general obligation of the Issuer, issued on the full faith and credit thereoft and that annual ad valorem IM taxes sufficient to provide for the payment of the interest on and principal of this Bond, as such interest comes due and such h 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 pre- scribed by law. BY BECOMING the registered owner of this Bond, the regis- tered owner thereby acknowledges all of the terms and provi- sions of the Bond ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees i that the terms and provisions of this Bond and the Bond ordi- nance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the facsimile signature of the Mayor of the Issuer F 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 on this Bond. _ (facsimile signature L (facsimile signature) ' City of Denton, Texas City of Denton, Texas k (CITY SEAL) 20 I~ Apenda No I Agenda 4tem~_~'u FORD! OF PAYING arFUmio~r•,~~ ~2' Al7THFUTTnr,TY r PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the - - Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. I NATIONSBANK OF TEXAS, N.A., DALLAS, TEXAS Paying Agent/Registrar Dated By Author zed Representat ve FORM OF AUj2R S - ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to (Assignee's social (print or typewr to Ass gnee's name and Security or Taxpayer address, including zip code) identification Number) and hereby ,revocably cons Wtes and appoints attorney to transfer the req strat on of this Bond on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Datedi Signature Guaranteed: NOTIC` g: This s gnature List be ' guaranteed by a member of the Raq stared or New York Stock Exchange NOTICE, Thia signature must commercial bank or trust st or correspond with the name of company, the Registered Owner appear- ing on the face of this Bond. 21 AgendaItem_._ Al' Fund Secti"onI8. king Interest ssolely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an offi- cial depository bank of the Issuer. The Interest and Sinking Fund shall be kept 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 Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Bonds or interest thereon are outstanding and unpaid, 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 Bonds as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with full allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds 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 Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. surplus) funds APPROPRIATION. There is hereby appropriated from for such purpose, and shall be deposited into the Interest and Sinking Fund for the Bonda, the amount of money required to pay the interest coming due on the Bonds on January 1, 1994. The money thus appropriated and deposited shall be used for no purpose othor than to pay said interest on the Bonds. The appropriate officials of the Issuer are hereby authorized and directed do any and all things necessary or convenient to accomplish said appropriation and deposit. Section 10. DEFEASANCE OF BONDS. (a) Any Bond and the 1 Interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Bond, plus interest thereon to the due date (whether such due date be 22 ti by reason of maturity, upon redemptio-,, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption), or (ii) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/h,:glstrar 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 reinvestment, of suffi- cient 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 Bonds shall have become due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest 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 principal and interest shall be ! payable solely from such money or Government Obligations. ! (b) Any moneys so deposited with the Paying Agent/Regis- trar may at the written direction of the Issuer also ?-e in- v times as hereinbefore set ested in Government Obligations, maturing in the amounts and Government Obligations received by a the all h Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so de- posited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this 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. ve become due and (d) Until all Defeased Bonds shall payable, the Paying Agent/Registrar shall haperform the servis of Paying Agent/Registrar for such Defeased Bonds the same aces if they had not been defeased, ai:d the Issuer shall make proper j arrangements to provide and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LAST, STOLEN, OR DE- STROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be 23 4CW3 No Agentlattam,_-~';~ J? y~5z, Printed* executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Apnlicatiois for Replac~TM~n~ 8ond~. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond 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 Bond, the registered owner shall furnish to the issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be, in every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or muti- lated. (c) No Default Occurred, Notwithstanding the foregoing provisions of this Section, in the event of any such Bond shall have matured, and no default has occurred which is then con- tinuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the ' payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. (d) Charao for issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered o;rner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this i Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for issuing Replacement Bonds. In accor- dance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-60 this Section of this Ordinance shall constitute author- ity for the issuance of any such replacement bond without necessity of further action by the governing body of the Issuer I 24 agenda No l . Nendaltem or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying RandsdelivernsucheBonds Paying In Agent/Registrar ticate manner land authen- the effect, as provided in Section 6(d) of this ordinance for Bonds issued in conversion and exchange for other Bonds. Section 12. 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 Bonds as obligations described in section 103 of the Code, the interest on which is not includable 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 Bonds (less amounts deposited to a reserve fund, if any) are u9nd for any private business use", as defined in section 141(b)(6) of the code or, if more than 10 percent of the proceeds are so used, that 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 30 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; I (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 Bonds (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; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts depos- ited into a reserve fund, if any) is directly or indirect- ly 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 which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; 25 I Agenda Na 2 j (e) to refrain from taking any action that would result in the Bonds 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 Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section i 148(b)(2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section i 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 Bonds; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as y may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage) and, to the extent applicable, section 149(4) of the Code (relating to advance refundings)i I (h) to pay to the United States of America at least 1i once during each five-year period (beginning on the date of delivery of the Bonds) 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 Bonds have been paid in full, 300 percent of the amount then required to be paid as a result of Excess Earnings wider section 148(f) of the code; And (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 at least six years following the final payment of princi- pal and interest on the Bonds. 26 AgendarJa . _.14 fe' It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with t*.e Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, 7 or expand provisio,is of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of nationally-recognized bond coun- sel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereaf- ter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, i•.i the opinion of nationally-recognized bond counsel, to preserve the exemp- tion from federal income taxation of interest or. the Bonds under section 103 of the Code. Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Bond issued hereunder and all necessary records and proceedings pertaining to the initial Bond pending its delivery and its investigation, examination, and approval by the Attor- ney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration certificate on the Initial Bond, and the seal of said comptrol- ler shall be impressed, or placed in facsimile, on the Initial Bond. 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 Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds. The preamble to this ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 14. SALE OF INITIAL BOND. The Initial Bond is hereby sold and shall be delivered to and Associates, for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of $ It is hereby officially found, determined, and declared that the Initial Bond has been sold at 27 Agenda Item .~f':' (Z' public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated March 2, 1993, prepared and distributed in connection with the sale of the Initial Bond, Said Official Notice of Sale and Bidding Instructions and Oft!cial Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Bonds is hereby approved. It is further officially found, determined, and declared that the statements and representa- tions contained in said official Notice of Sale and Official Statement ate true and correct in all material respects, to the best knowledge and belief of the City Council. Section 15. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale { of the Initial Bond shall be used along with other bond pro- ceeds for the acquisition and conFtruction of the improvements for which the Bonds are issued; provided that after completion of such improvements, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to Section 12 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 16. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distri- bution of the Bonds will be made to the public, and the Deposi- tory Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated 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 "clearing agency" regis- tered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond 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 Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE 6 CO., the nominee of DTC, and it shall be t'.e duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Bonds on behalf of the 28 Purchaser and/or the DTC Participants, as defined and descrih/td in the official Statement referred to and approved in Section 14 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Regis- trar 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 wil' identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited vith DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for my 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 maintainir•,, supervising, or reviewing the records of DTC or the DIC 11,:rticipants, or protecting any interests or rights of the beneficial owners of E the Bonds. It shall be the duty of the Purchaser and the DTC I Participants to make all arrangements with DTC to establish k this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DVI. The Issuer does not represent, nor does it in any way covenant tha•. 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 & CO.) book-entry only registration requirement described above, and to permit the Bends to be registered in the name of any owner. If the Issuer exercises its right and option to terminate 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 Bond in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with OTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds, j Section 17. FURTHER PROCEDURES. The Mayor of the Issuer, j the City Stcretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, snall bi 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 I 29 ' 4' I~ I kando No. Agenda Item_k, We deliver in the name and under the cor alf ✓a of the Issuer all such instruments, whether e or not herein outttheeterms and provisions of this desirable and ordinance, the Bonds, the sale of the Bonds, and the Notice of Sale and official Statements and the Director of Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the i~ whose proceeds t Initial Bond. In case signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such oignature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. 1 i i I I 30 f Agenda No 1-- Agandaltem~.~'~ CERTIFICATE FOR ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1993, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING INSTRUMENTS AND cannFDURES RELATING TH RETO i THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON , ',-he undersigned officers of said City, hereby certify ` as foWe lo, i 1. 1 , City council of raid City convened in RL LAR MEETING ON THE 16TH DAY OF MARCH, 1993, at the Munic-pal 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 Chew and all of said persons were present, except the following ab3entesss thus constituting a quorum. Whereupon, among other business, the following was transacted at said Meatingt a written ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON GENERAL OBLIGATION BONDS, SERIES 1993, LEVYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZING was duly TintroducedDforDthe cons deration 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, carryying with it the passage of said Ordinance carriad by the following voter prevailed and AYESt NOESt ABSTENTIONSr copy Ordinance Tpassed tat the 1Meeti g described pinothehabove rand d i f I l Agenda iEam _._/t1 `1_.... Foregoing paragraph is attached to and follows this cert..ffi7:/' cater 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 each of the officers and members of said City Council was dul; 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 i 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. 3. That the Mayor of said City has approved, and hereby ! approves, the aforesaid Ordinancer that the Mayor and the city secretary of said City have duly signed said Ordinance; and that the Mayor and the City Secretary of said City hereby declare that their signing of this Certifics,te shall constitute the signing of the attached and following copy of said Ordi- nance for all purposes. SIGNED AND SEALED the 16th day of March, 1993. i city secretary Mayor i (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 I j i V I f{irrtru+:i rc COUNCIL FF ft F"f ~t2 f#t: 1 I i i I ~~or a♦ Q! I c~' o s I ~ d ~rC Ht t*0~~ rt lpt Apeade NO. _ 1...Z:2 AQenda Ileac :&9 &V=/ CITY COUNCIL REPORT FORMAT =3-- A".ga TO: Mayor and Members of the City Council FROM: Lloyd Y. Harrell, City Manager SUBJECT: Approval of a tax refund to Joshua Feldstein RECOMMENDATION: The Tax Department has mailed an Overpayment Let*vi, and an Application for Refund to the taxpayer. All comoleted forms and necessary documenta- tion have been returned, requesting; this refund, which. the Tax Technician recommends, SUMMARY: Chapter 31,11 of the Texas nronerty 'rax Code requires the approval of the governing body of the taxing unit for refunds in excess of R 500.00. PIr, Feldstein is reouc~stiwr a refund in the amount of S 678.81 hecause his account &017n(i'i has been overnaid. BACKGROUND: Mr, Feldstein made a payment of S 678,81 on Dec. 23, 19P2 and Dovenmuehle Mortgage Co, made a payment of $ 678.81 on Dec, 31, 1902, This resulted in an overpayment of $ 678,81, which Mr, Feldstein is now requesting, A refund is due, i PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department nad the tax account or Joshua Feldstein FISCAL IMPACT: $ 678.81 i 4PE LY SU TTED, % arre C ity Manager Prepared by: ' I ame Vic Schneider Title Tax Technician Approved: "Name Inr e ferson Title Tr urer 2633C/3 " Avila No 0 Soh Plop" Tae Board APPLICATION FOR TAX REFUND A6erdaltemi`/r ~ Rotund Application 1111(1/17) Collecting Office Name _ L / i' I" ~er t ,l ~c~p Collecting Tax For: Z D ( axing Units) _ _S_ ! 'j1trl~~lrlrlF _ N ' .2 Z~X_?L2L/- Address City, State, Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following information must be provided by the taxpayer. IDENTIFICATION OF PR PERTY OWNS Name: r Address: n, Sc ifrib~ ofuc Telephone Number (if additional information Is needed)- IDENTIFICATION OF PROPERTY: Description of Property: nfeni1201-_ f a, Tejo('2(' eZ " J e-/ L Address or Location of Property: e a c n w J' Account Number of Property; 'g lla7 L i or Tax Receipt Number; INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested is Requested Tax Payment Taxes Paid Requested 2. 19 119 ~ S 6 / / $ 5. 19 / 12 _ S $ Taxpayer's reason for refund (attach supporting documentation; .Yc s ~ti~'rr { TP/A~+~n r in l'r/cr, !/1 N. ,!eAij Pr• V- +e j1~1~4r~ce, %j'MDr)f1Y Pc1fi /04 /r?s cs' Tom" ~fT_ r 'N Ns"~/It cif /Cf(/.1C7 r?'~//s nyrr ? titf. "I hereby apply lot the refund/of the abov"escribed taxes and certify that the Information I hive given on this form is nd Corr r nature Deli of Application for Tax Refund - ETERMINATION FOR TAX REFUND: Approval Disapproval 1 Signature of Authorized Officer Oate Signature of Presiding OHicer(s) of Taxing _ Dote Unit(s) for refund applications over S500 Any person *%a makes a false entry upon the foregoing record shell be tubjecf I* one of the fotlowlny psnafffes; 1. Imprllonmentof not mere than 10 ybsrt nor Ins then 2 years and/or a One of not more than 15,000 or both such Otis and Imprisonment; 2, confinement In (all lot aform up to 1 year or a One motto exceed 12.000 or both such One and Imprisonment as eel forth In Section 21.10, Penal Code. eElyhp 1+ n CSIT Log: 472901 Date: 42/17/93 Acand7N0 llem_ti'S Agenda Hera _ _,2 ' /G`y.3 BLANCHE FELOSTEfN JOSHUAFELOSTEIN GnmAww o l t 1 i i t:d 2 LOOOOBQ4 OQ54 28 78r, ra o a NMyY h~ ~4~ r l 1 ! ~ f f >l %f f's ,~hrQc~ _ t: r 1• f. T:f 01 Y ` ~I r, 1 E \ll F IOROGDW 02 23 97 AT 10 bI n V F R P A Y M E N T S PAGE Q Tl~ A,;000NT NO RECEIPT NO. NAME. ALOP £SS AMOUNT STATUS OF PAYM 1 10419400000 92;03'31-0614 GUR;ARAN, PAUL Vn F'k SIDE ClR 49'3,46 OVERPAY N 02324700000 92/04/04-0012 DUNCAN, DIANE E E WINDSOR ST 804.90 OVERPAY 10 877?00000 91!04/06-0560 COOPER, if Si£R C w COLLINS ST 2]7,53 OVERPAY 02762700000 0 97/04/06.0192 FAMES, POBERT N STON£GATE DR 1,097,08 OVERPAY 1 02774200000 92/04106-0472 ROSSER, JOHNNIE HILL 51 178,13 OVERPAY p h~ 020]95000DO 92!04;06-0475 MARSHALL SAMUEL MINOR CR 43,93 OVERPAY 1 +2 09420400000 97/04/06.0476 ADAM:, JIM S BOL. IVAR St 313.11 OVERPAY 02523900000 92/04!06-0477 SMITH, STERLING L N LOCUS/ 5t 229.95 OVERPAY C 000 92"04!06-0569 ME0.K1 DONALD d A MIRK A N BELL Ay,- 7" 1 2 nur RPAY N 02706300000 92/04/07.0024 FEL CS FIE IN, JOSHUA FALLMEADOW ST 678.81 OYERP,%Y 714-`--" - 02552700000 92/04/07-0192 HARGROVE, JOHN H ETUA MIMOSA OR X510 D6 OVERPAY 10199400000 92/04/07.0305 DESTENA, ANDREW V w HICKDRY ST 169.77 OVERPAY t- 11507900000 92/04/07-0309 MORTON, MICHAEL G E WINDSOR ST 397.21 OVERPAY 02922700000 92/04/07-0352 MELTON, TRANCES COUCH LINWOOD DR 331,15 OVERPAY 02304500000 92104,07-0375 LANDRY. BARRY J BERNARD ST 396,99 OVERPAY 07147700000 92/04107-0376 LINDSEY, DAVID A DENTON St 132,11 OVERPAY 11501500000 92/04/07-0407 MORTON, MICHAEL G E WINDSOR ST 4$1 52 OVERPAY 10868300000 92104/08.0079 DANIEL, JOE M JR W COLLINS ST 232.53 OVERPAY 90134500000 9A/04/05.0159 SACHER, E C MD 0 ASSOC 1-35 A 13 57,44 OVERPAY 01891800000 92/04108-0217 HULL, CHARLES LEE WOODHAVEN ST 2.00 OVERPAY 07340200000 92/04/08.0577 HEBNER, GRETCHEN WISTERIA ST 606.35 OVERPAY 02972700000 92104108 0637 REA. DONALD G WOODHAVEN St 676.71 OVERPAY 16454900000 92/04112.0019 PARKER, JIMMY J COTTONWOOD LN 16.88 OVERPAY 02542400000 92/04/13-0014 8VENROStPO, RODOLFO MCCORMICK ST 40.00 OVERPAY 02418400000 92/04/13.0109 KEYVANSHOKOOHI, HOSSEIN N BRADSHAW ST 1,00 OVERPAY 02976400000 92/04/10.0099 LOPEZ, BARBARA PAISLEY ST 332.19 OVERPAY 90219200000 92104/20.0089 THE VILLAGE LAUNDRY W UNIVERSITY D 199.80 OVERPAY 02414600000 92104120.0235 KELLEY, LAVERNE PARK LN 5.00 OVERPAY 02899800000 92/04;27-0166 REAVES. RHONDAL H BROADWAY ST 35 80 OVERPAY 03386000000 92/04/22.0207 BROWN, MYRNA N LOCUST ST 64,26 OVERPAY 03340000000 92/04/25.0088 ALDRICH, ROBERT L BERNARD ST 3400 OVERPAY 90741400000 92/04/25.0227 COMMUNITY LIFE PUBLICATIONS W HICKORY ST 179.50 OVERPAY 01141800000 92/04/26.0313 SHEFLET FINANCIAL CORP ETAL ELM ST 57.42 OVERPAY 10433400000 92/04128-0363 FEDERAL NATIONAL MTG ASSN PENNSYLVANIA 0 957.29 OVERPAY f 02225600000 92/05/01.0409 STAFFORD, CHARLES R 10.00 OVERPAY 08277400000 92/05/01-0507 FOLSTADT, ROBERT H SR ETUA VIDA E MCKINNEY ST 30.00 OVERPAY 02730900000 92/05/02.0150 GILBERT. GALEN 0 RIDGECREST CR 43.53 OVERPAY 15501400000 92/05/02-0221 RANCHO VISTA DEV CO 0.03 OVERPAY 03690900000 92/05/03.0079 VILLAGE EAST JOINT VENIURES VILLAGE EAST D 6,272.11 OVERPAY 17101700000 92/05/03.0081 FOX FIVE-ONE LTD. DENTON AIRPORT 0.20 OVERPAY 10302800000 92/05/03.0230 ALSUP, RON WINOBROOK ST 118 24 OVERPAY 03078100000 92/05/03.0928 BEDNAR, LADISLAV F CRAIG LN 423,97 OVERPAY 03142300000 92/05/03.0412 POWELL, JAMES D CACTUS CR 374.14 OVERPAY 02459400000 92/05/10.0031 TOOMFR, BOSS CORDELL ST 0.02 OVERPAY 09597800000 92/06/19.0029 SANDERS, PRISCILLA A HOLLYHILL LN 0.60 OVERPAY 03693700000 97/05/19.0015 CUNNINGHAM, ROY A 1.35 0.07 OVERPAY TOTAL OF OVERPAYMENTS 50,605,24 0.00 a I III li .If..:l~ t•11 z lplCITY ' ~:T} COUNCIL I;IIl:. Mill 1 TIM To: M ` o r c a(b anO e 0 0 .1 MM: I : 9 IMM, T: T. 1}. i agenda Ho 3 - Dc` CITY COUNCIL REPORT FORMAT AQ6tldd114Rt TO: Mayor and Members of the City Council 2y c i S FROM: Lloyd V. Herrell, City Manager SUBJECT: Approval of a tax refund to Associates Tony j?. 11111 National hiortRaFq M"ho tment has mailer) an overpayment Letter and an Application taxpal•er. All comPleted forms and IiQcessary documenta- tion have keen returned, requesting this refund, which the Tax Technician recomm,,nds. SUMMARY: yap er 31.11 of the Texas Property TRx rode requfres the apnrovai of the governing body of the taxing unit for refunds in excess of S S0n,00. Associates Nat'l hfortPRrv has requested a refund in the amount of S 903,74 because they overpaid hfr, Hills's Account #034952, BACKGROUND: T7 Ti-e Co, made a payment of $ 963,74 on Dec, 29, 1092 and Associates National Mortgage paid $ 963,74 on December 31, 1992 resulting in an over- payment. Associates NaLtonal is now requesting a refund. A tax refund is due. PROGRAMS DEPARTMENTS OR GROUT'S AFFECTED: The Tax Department and the tax account of Tony R. Hill FISCAL IMPACT: 963.74 'ULLY SUIT ~iLL SP'C acr e C1 y Manager Prepared by/:, Ch lL t t .,7i' 0-~ ame c c nc e Title Tax Technician Approved: c ern 'so a at Title Tr y.urer 2G33C/3 State Prop" Tom 11i APPLICATION FOR TAX REFUND Agenda No Ae% .wr,eApptluaor, s1,lr(uezf Agendaltetn_ Collecting Office Name; ' ( c~ r 1)ry1 /t, - T~ ✓c f; L .5" Collecting Tax For: r n 1 r`rt f,f,N - ( axing Units) t t n/[' 'l ~X E-2nJ Address City, State, zip code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the fotlooving information must be provided by the taxpayer. - - tDENTiFICATIO -OF PROP ~gTY)W~I7 Name: /r>>1 t1 //fit Address: --/C~/ /l r is rr c T-•:.Phone Number 0f additional information is needed): IDENTIFICATION OF PROPERTY: Description of Property: /0C; ~ i~C r'•~ G11 Address or Location of Property. Account Number of Property; or Tax AeCeipt Number: _ INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for From Which Refund Which Refund Date of the Amount of Is Requested Is Requested Tax Payment Amount of Tax Refund r Taxes Pafd Requested 4,,^ 19 y'Z / „1 ff 19 Z2_ 3 4,1 S /19 s Z Sc~~7 $ Taxpayer's reason for rotund (attach supporting documentation): ~V~1i(Y71 t ,V f' l C ctn.//,~.~,,✓ (e /~,rPS e ,;;I& C), s rr iryf,~ "I hereby apply for the refund of Ina a1 bve4escribed taxes and certify that the information i have given on thisform r CY is 4,r d e rrecl" ' eRu s H ~ nc~rt9 t'~.~ 110 a50X i i Oale of ADVllcaboq for Tax Refund DETERMINATION FOR TAX REFUND: _ Approval Disapproval Signature of Authorized Officer Date-~ 1 Signature of Prc, ding Officer(s) of Taxing Date { Unit(s) for refund applications over $500 Any Person who makes a Wife Sri upon the fora0dng recorel shall be sub)actio one ollhefdlowlnp penaltha; 1. Imprleonmentof not more than 10 posts nor less Ihan p yaws and/or a line of not more Ihan 1!,000 or nosh such ins and Imprlaonmenl; Z, con8nemenl In )ail too a term up to 1 year or a Ilno not 40 exceed 02,000 or both such One and Imprisonment is gal 1 forth In !section 37,10, Penal Code. rLeubO 7r it J 203 ASSOCIATES NATIONAL ,W • 40t C~0 W" K DAYS 000 _ f&l MORTGAGE CORPORATION 3: . 436721 10 r« rwTc-AYT-"' ro~.roooi 987919 i2 23 92 tv. r..+wooo, i PAYMENT OF TAXES OISBURSEMENT CLEARING ACCOUNT N1 ITO DENTON CITY PAYEE 421210820 ;0000s0s0#0963.7, TAX COLLECTOR 215 E W KINNEY STREET UNION TX 76201 03'6 , ii 1RST NATIONWIDE BANK ASSOCIATES NATL M70 CURD t~~~ 21070007 070-4013986 TEI DISO CLEARI i h 1144367200 1:32 700071:0708Ma04398619 010 A~ q3 J, tirb LO t n Z", i w j L'' cu 03 cif Y l~ 41 Y . I JA 'gS 07 40 i i r MACHINE 01 S3:R SEMENT CHECK YGULHE e7 PAGE 1 o PlYEE NAME DENTCN CITY AgendalteCUJfK- lllitS 118741~ 6 ADORESS TAX COLLECTOR 3 215 E MC KINNEY STREET 7ate_~rL`~ OENTCN TX 76201 !GK^// PAYEE CODE: 42121L820 3ATCH:T11 PAGE 1 OF 1 - - - - - - - - - - - - - - LIMN-NU SHORT-NAME 0E SC RIPTICN TRAN CATE AMGUNT I NI I NAME Cc CE DUE PROPERTY AOORLSS 1486JJ0 Tk BILL 34v52 313 12-92 9~3.J ;t cLK TuTAL 1 ITEMS I I r TLC, E~ RLIFCiMi f1DRD5DW O3-04 : 93 AT 19 78 D V C R P A Y M E N T 5 PAGE 3 V d ~V J COLLNT NO. RECEIPT NO N7.ME ADOPT, 55 AMO1INf STATUS Of PAVVENt I •I\.. tv~ 0 979800000 91'09%01-0027 CARTER, E J ROCkWOOD LN 23 .0 l OVERPAY -J Al 1633D0000 91/09!19.0001 SPENCER, JOHN MD SCRIPTURE 5f 17.33 OVERPAY 9 U` 003314300000 91/09/19-D000 RAMIRE2, DONALD HILL ST 2.65 OVERPAY 90279200000 91!09/23-0010 THE VILLAGE LAUNDRY W UNIVERSITY D 28.00 OVERPAY UNIVER91031900000 91/09/23.0012 MUFFLER RACk WAROY LNSiTr D 13.72 OVERPAY D 4.03 OVERPAY 02510300000 91/09'2 0001 OVALL , , JERRY IN MINOR CA 27.98 OVERPAY \ 02041800000 91/09/29 0007 STO DORORS S W Pkn1RlE OR 6,59 OVERPAY 02517600000 91;09'29 0015 BROWN, k DALE 43 Ct) 02968100000 91/09/30-0010 RE AVE 5, ORAN G MVLkEV IN 53,06 OVERPAY -7 03321600000 OII 10/DI-0001 SWEAIMAN, C 1 JR NCWION 51 J,fiO OVERPAY u 02755300000 91/10/01-0002 YOUNG, CARL GENE SR CHAMBERS 51 47 4. 481 2 OVERPAY 024179DQ0t,0 91/10109-0707 WILLIS, LOUISE m 071973600DCO 91110126-0004 WADDELL, ALICE RAMSEV N LOCUST ST 3 , 19 OVERPAY 02417'9 00000 91/10171-0077 WILLIS. LOUISE CHAMBE 5t 181.79 OVERPAY 90177600000 91111,11-0001 CAR WASE/ W PRAIRIE OR 3.OD OVERPAY AY GHERMAN DR . 7 42 6 OVERPAY 02203700000 9111/18 0006 DUTTON, ALMA LEE MRS 17 502719000000 9111124.0003 HODGES, DON 1. 09944000000 91/11/24-0004 DON'S OVERHEAD DOORS SHADY OnkS OR 19 50 OVERPAY 03712600000 91112!01-0001 BELCHEP, E W 6.19 OVERPAY 02723200000 91/72/02.0001 GIBRALTAR TRUS' ETAL 5 ELM ST 4J. 1 OVERPAY / 03337100000 91/12102.0024 HAVES, JAMES F 5 A S7 1 , 95 5 OVERPAY 02417900000 91;17%08-OOC~ WILLIS. LOUISE CHAMBERS S 57 719 00 OVERPAY 03045300000 91/12'29 0004 POgiE^. CURTIS A TAN9IF SPURRIER 71.67 OVERPAY 90279200000 92,01116-0007 THE VILLAGE. LAUNDRY W UNIVERSITY D 78 CO OVERPAY j 02749500000 92'01 20 0175 REED. ROBERT R R[OGECRE5] CA 35,`70 OVERPAY 07222600000 92101/20.0141 CgAUS, MOAIE CARLION 51 21,11 OVERPAY TEASLE 0 41 36 51073700000 92/02Y ID-0029 MOLLENKOPF, JAY MONTCLY RP7L 25 2 L OVERPAY AY 02911300000 92/02/16.0094 SL PROP BERNARD St 95 . 01984 40 OVERPAY 15377700000 92102/30-0069 LISSBERGER, AL BERNARD S. 03937200000 92101101-0129 IOUT5, T J JR HOtL 1ALL PD 154,30 OVERPAY 02796300000 92/03107-0192 SOCIETY MARY PROVINCE 51 HIUGfCRE STLCH 1,110,74 OVERPAY 02778700000 92/03/16-0103 WEST, BRUCE J 02208900000 921 D3/17-0170 MINTER. FLOPE:NCE PARK IN 10.00 OVERPAY 03308600000 92/03/18-0189 KOLB, GEORGE P JR S CIAYLIEN Tf ASLEY LN 969.93 OVERPAY 03932500000 92/03122-0243 BROWN, CHARLES Y 49,31 OVERPAY 07136200000 92103/230126 MEMRICk, PAUL NORMAN SS 40.78 OVERPAY 10275600000 02/03/28-0309 HAVES, SUSAN J AUDRb LN 350,21 OVERPAY 02740600000 92103!28-1244 WITHER5, JOHN N PEMbNOOKE PL 956.62 OVERPAY 11532600000 92/03!29.0532 MELENOE2, DELFINO N W000 51 108,38 OVERPAY 90135900000 92103/29-0596 PERRY HAROLD 7 PSYCHUIOGIST N LOCUST ST 11.29 OVERPAY 02275700000 92103/30-0162 BAUDER, JOHN F TOMLIE ST 395.11 OVERPAY 10289700000 92!03/30-04?6 BOYD, DAVID K PEAR TREE PL 494.91 OVERPAY 02902600000 93/0300-0534 HEROD, HERMAN 8 JEWELL E OAk ST 1.00 OVERPAY 03291000000 92/03130.0821 FRANkLIS. BENJAMIN S BRADSHAW 51 69.24 OVERPAY 02036500000 92/03/31.0034 MARSHALL, SAMUEL MINOR CA 35.22 OVERPAY 02524700000 92/03/31-CO64 FREEMAN, HAROLD N LOCUST ST 233.51 OVERPAY 02774200000 92/03/31-0073 ROSSER, JOHNNIE HILL ST 150.41 OVERPAY 09420400000 92/03/31-0419 ADAMS. JIM S BOLIVAR ST 5.76 OVERPAY 10727700000 92/03/31-0141 HOOVER, RICHARD A W MULBERRY ST 24.68 OVERPAY 03160000000 92/03131.0307 JUSTU9, DONALD BILL SUN VALLEY OR 309.06 OVERPAY n}}~IlD060 02163jal-:juk-1 ~IONF nfEVFI+ + MCLOAMICK SE 281-69 OVERPAY 8 86374 03496200000 92/03/31-011 HILL, TONY R WILLIAMS ST OVERPAY . TYf-rI COUNCIL _ ?r;~.•.r• III,«t~ }r+ ~Ittt' I`1Fzt $Irr « t i. IT. I~i« ,i y.` tifff Hl 'I +1I j r i It IIIIIIII r Tj 4- W Q O~: ~o T:T °c TMI O 0 ooO ~ ~ :Hl ~~000 4GOO~~~oJ + rtl; r' taro' -oo note C~ C~4_f r4~ ~j ' ORDINANCE NO. ✓ C 1 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 competitive bids for the purchase of necessary materials, equip- ment, 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 therefore; 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 service, 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 hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER NO VENDOR AMOUNT 1467 1 RED RIVER SPECIALTIES EXHIBIT A 1467 2,8,9,10 JUSTIN SEED CO. EXHIBIT A 1467 3,7 LESCO EXHIBIT A 1467 5 ESTES INC. EXHIBIT A 1467 6 VAN WATERS a ROe3ERS INC EXHIBIT A 1467 11 HARPOOL FERTILIZER EXHIBIT A I 1475 ALL DAVIS TRUCK AND EQUIPMENT $61,084.00 I i 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 pur- chase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the I Agenda No _ Agenda', trL-~S/~ _ Date specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SEC'1'I_ O7II, That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I Agenda No Agenda ltem &61S We "EXHIBIT A" SID ► 1467 i BID NAME FERTILIZER AND HERBICIDE , OPEN DATE FEBRUARY 16, 1993 a I QTY I DESCRIPTION I PRICE I VENDOR 1 _I I I I_ 1 1 HERBICIDE I I I I I I I 1. I 16 JOUST - 1 LB JUG [ [ ;146.40 i Red River Specialties I 2. I 3 IROUNDUP - 30 GAL. DRUM 1 ;1113.80 DR !Justin Seed Co. I 3. 1 12 JMSMA- 6LB. ACTIVE W/SURFACTANT[ ;17.00 CA ILesco I 1 1 GAL. JUG 1 1 4. 1 4 RODEO - 2 1/2 GAL. JUG [ I(Not Awarded) 1 S. 1 16 1CAMPAIN - 2 1/2 GAL. JUG 1 ;23.00 OA ]Estes Inc. 1 I [ 1 1 I INSECTICIDE ! I 1 I 1 I I 1 6. 1 16 (AWARD-FENOXYCARB 1% - 25 LB BGI $5.37 # Van Waters & Rogers Inc. I 7. 1 12 (TURF TREE&ORNAMENTAL 1 LB CANSI $9.10 t ILesco I I ! I 1 I i MISCELLANEOUS 1 1 I I 1 8. 1 48 ISURFACANT, 50% NON IONIC - 1 $4.30 GA IJustin Seed Co. 1 1 11 GAL. JUG I I I i I I ! 1 I FERTILIZER 15-5-30 I I I ( I I ! 1 I I 9. 128 TN [50% SULFA COATED UREA; BULK I ;183 TN IJustin Seed Co. 1 10.1 14 TN 187♦ SULFA COATED UREA; BULK 1 $216 TN IJustin Seed Co. [ 11.1 1 TN 187% SULFA COATED UREA; BAG 1 ;246 TN IHarpool Fertilizer I I I r I I Agenda No Agenda lterrl y1 i A bete DATE: 3/16/93 CITY COUNCII. REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID #1467--FERTILIZERS & HERBICIDES RECOMMENDATION: Council approve award of Bid #1467--Fertilizers & Herbicides to the low bidders as outlined on "Exhibit A." 1 The annual expenditure has been estimated at $18,000. SUMMARY: This bid is for the annual cost comparisons of fertilizers P. id herbicides used by Parks & Recreation as well as other departments for grounds maintenance. Item 5 (Campain) appeared to be a tie bid; however, upon comparison of the delivery times bid by each vendor, it was determined that Estes Inc. Is the low bidder with a delivery time of 3 days. BACKGROUND: Tabulation Sheet Exhibit A PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Parks & Recreation FISCAL IMPACT: Purchases to be paid from budgeted funds in account #8105 (chemical supplies). i Respectfu, y submitted: loy V. Harrell j City Manager Prepared by: ame: M Ianie A. Harden Title: Buyer Approved: i r Name: Tom D. Sha% r Title: Purchasing Agent epen6e. 719 a ~g a ID 1467 1 I 1 I I I I I I I I E I I ID N FERTILIZER AND HERBICIDE I JUSTIN I RED RIVER I TURF HARPOOL I LFSCO I ESTES IVAN WATERS I SEED CO. 1SPECIALTIESIINDUSTRIES IFERTILIZER I ( INC. 1 & ROGERS I P TE FEBRUARY 16, 1993 1 1 I INC. I I I INC. I o I I I I _I f I I I Y I DESCRIPTION I VENDOR VENDOR I VENDOR I VENDOR I VENDOR VENDOR I VENDOR I ~1m I I I 1 _I I 1 HERBICIDE I I I f I I 1 I 1 I I I I 1 I I I 1 1. 1 16 IOUST - 1 LB JUG I $158.33 # $146.40 # I NIB I NIB I NIB I $150.00 # I $164.48 # 1 2. 1 3 IROUNDUP - 30 GAL. DRUM 1$1113.80 DRI$1113.90 DRI NIB NIB 1$1185.00 DRI$1113.90 DRI$1173.93 DRI 3. 1 12 IMSMA- 6LB. ACTIVE W/SURFACTANTI $18.65 GA I NIB 1 $18.00 GA j NIB 1 $17.00 GA $17.51 GA I $17.15 CA j I 1 1 GAL. JUC I I I I I 1 4. 1 4 IRODEO - 2 1/2 CAL. JUG 1 $94.50 GA $94.50 CA I NIB NIB I NIB $94.50 GA I $94.50 GA I 5. 1 16 ICAMPAIN - 2 1/2 GAL. JUG I $23.00 GA $23.00 CA 1 NIB I NIB 1 NIB $23.00 GA I NIB I I I I I I f I f I I I I INSECTICIDE I 1 I 1 1 I I I I I ! I I I I I I 6. 1 16 IAWARD-FENO%YCARB 1% - 25 LB BGI $6.60 # 1 NIB 1 $5.50 # I NIB I NIB 1 $6.19 # ( $5.37 # 1 7. 1 12 ITURF TREE60RNAMENTAL 1 LB CANSI $9.65 # 1 NIB 1 $12.50 # I NIB I $9.10 # I $9.60 # 1 $9.75 # 1 I I I I I I I I I I I I MISCELLANEOUS I I I 1 1 I I I I i I I I ! I I 1 8. 1 48 ISURFACANT, 5Ut NON IONIC - I $4.10 GA 1 $6.10 GA I NIB I NIB 1 $10.95 GA { $11.35 GA I $7.15 GA I } 11 GAL. JUG I I I I 1 1 1 DELIVERY j 5 DAYS 1 3-5 DAYS 1 5 DAYS I 1 14 DAYS 1 3 DAYS 13 DAYS I I I 1 I I I I I ! I 1 I FERTILIZER 15-5-10 I 1 1 1 I I I I I I I I I I I I I I 9. 128 TNISO% SULFA COATED UREA BULK I $183 TN 1 NIB I NIB I $198 TH I NIB I NIB I NIB I 10.114 TN167% SULFA COATED UREA BULK I $216 TN I NIB I NIB $228 TN I NIB I NIB I NIB I 11.11 TN 167% SULFA COATED UREA BAG I $246 TN ! NIB 1 NIB 1 $238 TN I NIB I NIB I NIB I I i I 1 I k I I I I DELIVERY 1 1 DAY I 1 I 1 DAY I I I I AQendiNo AgendallBrrL~~'#!~ _ "EXHIBIT A" BID 1 1467 BID NAME FERTILIZER AND HERBICIDE OPEN DATE FEBRUARY 16, 1993 ! QTY I DESCRIPTION I PRICE ! VENDOR ! HERBICIDE I 1. 16 JOUST - 1 LB JUG $146.40 1 Red River Specialties 2. J 3 IROUNDUP - 30 GAL. DRUM 1 $1113.80 DR IJuetin Seed Co. 1 3. 1 12 JMSMA- 6LB. ACTIVE W/&,RFACTANTI $17.00 GA JLesco ! 1 GAL. JUG 4. 1 4 {RODEO - 2 1/2 GAL. JUG I I(NOt Awarded) I 5. J 16 ICAMPAIN - 2 1/2 GAL. JUG I $23.00 GA [Estee Inc. J I INSECTICIDE I 1 I I I J I I 6. 1 16 [AWARD-FENOXYCARB It - 25 LB BGI $5.37 1 Ivan Waters & Rogers Inc. 7. 1 12 JTURF TREE&ORNAMENTAL 1 LB CANSI $9.10 I JLesco J I I I I f I I MISCELLANEOUS I I I I I J J ! 8. 1 48 ISURFACANTO 50% NON IONIC - [ $4.10 GA IJuetin Seed Co. I 11 GAL. JUG 1 ! I I ! I ! I 1 ~ ~ FERTILIZER 15-5-10 I I I J I I I ! 9. 1 28 IN 1501 SULFA COATED UREA BULK $183 TN JJuetin Seed Co. I 10.1 14 TN 167% SULFA COATED UREA] BULK I $216 TN IJuetin Seed Co. I 11.[ 1 TN 187% SULFA COATED UREA] BAG 1 $246 TN IHarpool Fertilizer I Agenda Ne 3 - oa Agenda Item D&V_ MARCH 16, 1993 i 1,c CITY COUNCIL REPORT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1475 - BRUSH TRUCK RECOMMENDATION: We recommend Bid #1475 Brush Collection Truck be awarded to the lowest bidder, Davis Truck and Equipment in the amount of $61,084.00 with delivery within 150 days. SUMMARY: This bid is for a brush collection truck to be utilized by the Solid Was? Department for special pickups. The unit consist of a 33,000 GVW truck wi h a dump body and hydraulic crane. The new truck will replace a 1987 truck body end crane destroyed by fire. Davis Truck and Summit White GNIC offered the same price however, Davis Truck has 150 day delivery and Summit offered 180 day delivery. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Solid Waste Ccllection and Motorpool Ope rations. FISCAL IMPACT: This unit will be funded for Certificate of Obligation sales approved by Council 12-15-92. Account number # 723-025-CO93-9104 estimated cost was $75,000.00. Rospectfi y submitted: joy V. Harrell / City Manager Approved: Name: Tom D. Shaw, C.P,N1, Title: Purchasing Agent agena.3se J I VD 3t. 1475 I ! I ! O ~~~111 I I I i I i N BRUSH TRUCK I SOUTHWEST ISUMMIT WHITE DAVIS DURRANT { METRO ! INT'L I GMC TRUCKS I TRUCK & ! CLASSIC I FORD I P TE MARCH 4, 1993 I { I EQUIPMENT ( CHEV I TRUCK SALES I {Q I DESCRIPTION I VENDOR VENDOR I VENDOR I VENDOR I VENDOR I ~I o l - I _ I I I I f I TRUCK CAS/CHASSIS $36,884.00 $33,950.00 $33,618.00 I $34,152.00 I I I I f f I 2. I I (KNUCKLE BOOM LOADER, DUMP 80DYI $33,300.00 I I $28,843.00 I I AND HOIST f I I I I I I I I 11 I COMBINATION OF ITEM 1 AND 2 $70,184.00 $61,084.00 I $51,084.00 I I $62,995.00 I I I I ! I I I I E I t I I 1 I i I I I I I I ! I BID 1 1475 I I I I I I I I E BID NAME BRUSH TRUCK I RODEO I HUDIBURG I SABIN£ I I.D.S. I U.P. I ! CHEVROLET I CHEVROLET I MACHINERY I I TECHNQUES I OPEN DATE MARCH 4, 1993 I I i I _ I 4 I I_ I I t} (QTY I DESCRIPTION I VENDOR I VENDOR I VENDOR I VENDOR I VENDOR I _I-I _ I I I I_ i I I I I i I I f I 1. 1 I TRUCK CAB/CHASSIS I $33,383.00 I $34,594.00 I I I I I I I t I 2. 1 1 (KNUCKLE BOOM LOADER, DUMP BODYI I $30,077.00 I I $35,871.00 I I I AND HOIST I I I l I ' I I I I I I { I 3. 11 I COMBINATION OF ITEM 1 AND 2 I I I I $63,874.00 I I I I I I I I I I I I { I I I I I NO BID RESPONSES B 6 C BODY CO. SOUTHWESTERN EQUIPMENT EQUIPMEI'T SOUTHWEST it tY`~G1~I.2 +~2}t~I~ .aa CITY: COUNCIL 1 2` .I. f• ur Ix2~ti 11, r tI.,.+. . 1 . d;t..rjtt{1' 4 i 1 . I r t'iA ti ,it2I t ; ''i~ #tr+r tu! r. 1 33: ' ttrr+4.... }fj1jt+ r 11 1~ it 1 li }I+J a i n a/,{~~ tALt k A $c s a 0 6 C COf~G r A,~4 No. -15 Apenda S / oft ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE l EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and I E t WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans j and specifications therein; NOW, THEREFORE, I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBER CONTRACTOR OUNT 1411 JAG02 PUBLIC MKPANY $151,882.00 SECTIOti 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 ZI;. 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 specifying the terms condi- E apandr No __Q - co Agenda lte~~ G i tions, plans and specifications, standards, quantities and speci- fied sums contained therein. SECTION IV. That upon acceptance and approval competitive bids and the execution of rontac_sor fthe epublic works and improvements as authorized herein, the City Council here- ,i by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts h executed pursuant thereto. SEC ON V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of 1993. i BOB CASTLF,BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRE'"'RY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: agenda No DDa1Qaltent_ i7 1r,7M3 CITY COUNCIL REPORT 3 ~r TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1471 - PARKING LOT - CIVIC CENTER/SWIMMING POOL RECOMMENDATION: We recommend this bid be awarded to the lowest bidder. Jagoe ^ Public Company in the total amount of $151,882.00: { Civic Center Parkin Lot g $114,568.00 Landscape Irrigation $ 6,800.00 Swimming Pool Parking Lot $ 30 513,60 151,882.00 SUMMARY: This bid is to reconstruct the parking lots at the Civic Center and at the Municipal Pool. Also Included Is some irrigation installation necessary to support landscaping in the area. The Civic Center recommendation is based upon Civic Center alternate #2. Base bid, alternate 1 and alternate 2 are basically the same project with some design changes. The lots will be lime stabilized, asphalt paving with concrete curb gutter, sidewalks and additional flat work. BACKGROUND: Tabulation sheet, Memorandum dated 3-1-93 to Janet Simpson, Park Planning Coordinator from David Salmon, Senior Civil Engineer. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Park and Recreation Department, Engineering and Citizens of Denton. FISCAL IMPACT: This project will be funded from the following combination of bond and Certifl` - c- ate of Obligation accounts: 445-020-PRICG-9223-9127 $104,298.60 445-020-PRKG-9220-9127 $ 17,269.90 447-031-POOL-8914-9128 30.513.50 151,882.00 Respectf 11y submitted: joy Har ell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent ~gane~. ]51 BID i 1471 I { I k f I { I I I ~ BID NA14E CIVIC CENTER POOL PARKING LOT I DBR I JAGOE I SUNMOUNT I JRJ I 6 PAVING IMPROVEMENTS I CONSTRUCTION I PUBLIC I CORP I PAVING I OPEN DATE FEBRUARY 23, 1993 CO I CO I CO I I _I I I f I i (QTY I DESCRIPTION I VENDOR I VENDOR I VENDOR VENDOR I _I_I L_ I I I I 1 I I I I I 1 I ICIVIC CENTER POOL PARKING LOT I $34,064.48 $30,513.50 I $40,368.00 I $40,973.75 I I I I I I I I 2 1 ICIVIC CENTER PARKING LOT- I $131,086.85 I $101,630.80 I $108,548.00 I $119,514.62 I I IBASE BID I I I I I k 3 1 ICIVIC CENTER PARKING LOT- I $131,368.18 I $105,143.15 I :115,619.50 I $124,380.41 I 1 (ALTERNATE BID it I I I I I I I I I I I f 4 1 ICIVIC CENTER PARKING LOT- I $142,584.90 I $114,568.50 I $129,217.00 I $140,162.30 I 1 (ALTERNATE BID i2 I I I I 1 I I ! I 1 ! I 5 1 IIRRIOATION SYSTEM FOR I $4,000.00 I $30000.00 I $3,100.00 I $5,400.00 I I (ALTERNATE BID it I I I I I I 1 k I I I I I (IRRIGATION SYSTEM FOR $6,600.00 I $6,800.00 I $6,500.00 I $6,550.00 I I (ALTERNATE BID i2 I I j { I 1 I I I i 1 I v ~ I I I 1 I I ' ' ~,cT1,' I I i f I BONDS I YES I YES I YES I YES I ~I I I I I I f~ I J I I 1 I RECElUi: Agend,:No _ 93 -Do CITY OF C~EIi; :I PllRC;I;.~L,.' Agendafter~_ez 1 i 093 MAR -2 AN D 54 n~Ie 1~ q3 D CITY of OFNrON, TEXAS MUNICIPAL BUILOING / 215 E. MCKINNEY / OENTON, TEXAS 76201 MrMORANDUM i i DATE: March 1, 1993 TO: Janet Simpson, Planning Coordinator FROM: David Salmon, P.E. Senior Civil Engineer SUBJECT: Bid recommendation for Civic Center parking lot and Civic Center pool parking lot Bids were opened for the above mentioned project on February 23, 1993. As you indicated to me on February 25th, the Parks and Recreation Department proposes to fund Alternate 2 of the Civic Center Parking Lot including the landscape irrigation system. Accordingly, we checked each bid and determined that all bids were correct and complete. The low bidder was Jagoe Public of Denton with a bid of $119,568.50 on Alternate 2 of th(, Civic Center Parking Lot, $6,800 on the corresponding irrigation system, and $30,513.50 for the Civic Center Pool Parking lot. Our estimate for the Civic Center Parking Lot, Alternate 2 was $133,278 which is $18,709.50 higher than the low bid. Our estimate of $32,657 on the Civil Center Pool Parking Lot is $2,143 higher than the low bid. Jagoe Public has completed numerous paving projects for the City of Denton over the years with positive results. Therefore, we recommend that /this bid be awarded to Jagoe Public. David Salmon AEE0021F 8171566.8200 D/FW METP0 434.2529 ri =C I T Y: :-.COUNCI: T I 1 1 j~ 1x100 or a~ A. r p~ s~ COur.~'~ r4~endeNo 93 -OCR Apendilt tate tog, CITY COUNCIL REPORT FORMAT r j DATE: March 16, 1993 TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager SUBJECT: Consider an ordinance providing for the renaming of an east/west section of Mesa Drive to Barcelona Street RECOMMENDATION: The Historic Landmark Commission recommends approval The Planning and Zoning Commission recommends approval SUMMARY/BACKGROUND: At the north end of Mesa Drive, a new section was built that runs east/west. This section was platted as Mesa Drive. As a general guideline, when naming new streets, it is not recommended for the same street name to continue if there has been a drastic change in direction. This street section is more in line with Barcelona Street. This section should be renamed Barcelona Street. It would be jrudent to make this change now because no businesses are currently being addressed along thrl. section of Mesa Drive. AEE0021F I E:%WPDOC S\ORDAME SADR.O 4wda No lt&FL 0 / e l~ S ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE RE- NAMING OF A PORTION OF MESA DRIVE TO BARCELONA STREET; AND PRO- VIDING FOR AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: 1 SECTION I. That the east/west portion of the street official- ly designated as Mesa Drive, being a public street connecting from the north/south portion of Mesa Drive to Worthington Street is re- ,lamed as Barcelona Street, as illustrated in the attached Exhibit A, which is incorporated and made a part hereof. SECTION ON II. That the Executive Director of Planning and Devel- opment is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SECTI~IYI. That this ordinance shall become effective imme- diately 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 r EXHIBIT A AGOW No AQend Item ° c? Dare L'i N7s N ~ % p[.~' a RRGisd~l `1 M9 ;[iL G P. e4T O 1 I i p 1 !'1.300' II II I I I = 0.~Wo~0. Z ul THIS srxEzr NAME TO 8M C4AA16eO 70: ~~BARCELpNA StREer" V Los ieurtAt I I ►w 2 f:1[ST uNIV[RH►Y DRIVE I-13-93 ~ CASE 3 Da? _ ' P&Z Minutes r February 24, 1993 Page 16 VII. Consider approval of three street name changes: a. An east/west section of "Evers Parkway" changed to "Cobblestone Row". b. A platting error correction that confirms "Grant ' Parkway" as the official street name designation. c. An east/west section of "Mesa Drive" to Barcelona Street". STAFF REPORT: David Salmon briefed the Commission on the requested name changes end stated that staff recommended approval. Chairman Englebrecht asked if there was anyone who wanted to speak for or against the name changes. There was no opposition. Mr. Cochran made the motion to approve the name changes. Mr. Cooper seconded the motion. Motion carried unanimously. VIII. Work Session. LJ Discuss and consider public hearing procedures, staff reports and comments. Chairman Engelbrecht suggested that they dispense with the work session till next time. I Ix. Director's Report. Chairman Engelbrecht asked Mr. Robbins to give the director's report. Mr. Robbins stated that two cases for the March 10th meeting would be G. F. Moore and Mountain View. Both of these cases are outside the regulatory line. If ordinance approved by Council the commissioners vould not see the cases. Chairman Englebrecht adjourned the meeting at 10:00 p.m. y -r ~ Historic Landmark Commission Dot Minutes of February 8, 1993 Page 2 1 IL Consider making a recommendation regarding three proposed street name changes. Mr. Williamson reported that he coordinates the 911 addr;. -:s for the City Engineering Department. He stated that staff has recommended the renaming of three streets fit order to make the 911 system more efficient. He added that the streets were named incorrectly at the time they were opened. The three streets include Evers Parkway, Grant Parkway and Mesa Drive. j Mr. Williamson continued that in the case of Evers Parkway, the residents of the townhomes along the north side of Evers Parkway requested that the street name j be changed io Cobblestone Row. Since there are two streets named Evers Parkway, many of the residents of the townhomes on the east/west section have related problems with deliveries, etc. and would like the problem, resolved. i In case II, pertaining to Grant Parkway, Mr. Williamson reported that the first plat on the street designated the southern half of the street as Greenfield Parkway. This plat was accepted on June 18, 1986. The second plat, Greenfield Woods Addition, designated the north half as Grant Parkway and was accepted on August 12, 1987. Each of the plats dealt with half of the street and neither altered the other. In effect, there are two streets, side by side, joined in the middle. Another street was built that runs north/south between Greenfield/Grant Parkway and King's Row. It is currently Grant Parkway but was c^hed Greenfield Woods Parkway in the street dedication. Mr. Williamson explai ted that since no one is addressed on the streets right now, it would prevent problems from occurring in the future when development occurred. The third case pertained to the renaming of the cast/west section of Mesa Drive to Barcelona Street. Ms. McCain stated that she felt Greenfield Woods Parkway is a long name. Mr. Williamson replied that the street was named during the street dedication. Ms. Bays moved to approve tl P street name changes as proposed. It was seconded , by Ms. Caldwell and unanimously approved (6-0). y -=C0UNCI: ,~ooo o r n ~ 4 r w Q0N r»- ~'COuL4~ 1 I i ageaee Ha. Agenda Ile _ Dote . ' rtgc, / 9 c COUNCIL-HBRORT FOPMAT r DATE; March 16, 1993 j TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT; Consider an ordinance providing for the renaming of an east/wost section of Evers Parkway to cobblestone Row RECOMMFNOATION• The Historic Landmark Commission recommends approval The Planning and Zoning commission recommends approval SUMMARY/BACKGROUND: The residents of the townhomes along the north side of Evers Parkway have requested that the street name be changed to "Cobblestone Row". The two sections of Evers Parkway were not na.Aed when that area was platted. The plan was to name one of the streets after the proposed elementary school, and a differen. name for the other street. Subsequentl;•, when the elementary school was constructed both streets became "Evers Parkway". Many of the r problems with esidents of the townhomes on the east/west section have related Recently, Dana Gibson deliveries, abehalf of the n Board is of pDirectors resolved. Homeowner's of Cobblestone, Incorporated specifically requested that the street name change take effect. The homeowner's association met for their annual meeting in January 931 and Dana ' Gibson briefed them on the street name change procedure and the approximate timing of when the change will be officially initiated. AEE0021F ti E:\VDD OC S\OQD\COBBLES:.D AQAnd1 NO. llertz Agenda ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON* TEXAS, PROVIDING FOR THE RE- NAMING OF A PORTION OF EVERS PARKWAY TO COBBLESTONE ROW; AND PRO- VIDING FOR AN EFFECTIVE DATE. r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: UCTION I. That the east/west portion of the street officially designated as Evers Parkway, being a public street connecting from the north/south portion of Evers Parkway to North Locust Street is renamed as cobblestone Row, as illustrated in the attached Exhibit A, which is incorporated and made a part hereof. $E97199II. That the Executive Director of Planning and Devel- opment is directed to amend the official map of the City of Denton to reflect the change in the street name as provided herein. SECTION Iii. That this ordinance shall become effective imme- diately upon its passage And approval. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CIT$ ATTORNEY C^ EXHIBIT A agonda r~,, - Aaendal Rafe 3 1 i I f+30c)i I i EYEPS P~4lKW~`Y 2~ F G~~- EVE uE: 9'4Fa SdOccL c 3 x THIS STALET NAME. To gF. W G HAr~UGn 1b ~GoB~kEsras~ Row's 11~AtyoR OR~rE 1 CASE 1 I ° «-9 3 Agenda ,S ,o P&Z Minutes February 24, 1993 Page 16 VII. Consider approval of three street name chan.;es: a. An east/west section of "Evers Parkway" changed to "Cobblestone Row". b. A platting error correction that confirms "Grant Parkway" as the official street name designation. i c. An east/west section of "Mesa Drive" to Barcelona Street". STAFF REPORT: David Salmon briefed the Commission on the requested name changes and stated that staff recommended approval. i Chairman Englebrecht asked if there was anyone who wanted to speak for or against the name changes. There was no opposition. Mr. Cochran made the motion to approve the nama changes. Mr. Cooper seconded the motion. Motion carried unanimously. VIII. Work Session. Discuss and consider public hearing procedures, staff reports and comments. Chairman Engelbrecht suggested that they dispense with II the work session till next time. IX. Director's Report. Chairman Engelbrecht asked Mr. Robbins to give the I director's report. II Mr. Robbins stated that two cases for the March 10th meeting would be G. F. Moore and Mountain View. Both of these cases ate outside the regulatory line. if ordinance approved by Council the Commissioners would not see the cases. r Chairman Englebrecht adjourned the meeting at 10:00 p.m. 1g60daNo __..9.' Ayanda Itern..._ X1.5. ~ / / v Historic Landmark Commission FT Mi nutes of February 8, 1993 AAA Page 2 if. Consider making a recommendation regarding three proposed street name changes. Mr. Williamson reported that he coordinates the 911 addresses for the City Engineering Department. He stated that staff has recommended the renaming of three streets in order to make the 911 system more efficient. He added that the streets were named incorrectly at the time they were opened. The three streets include Evers Parkway, Grant Parkway and Mesa Drive. Mr. Williamson continued that in the case of Evers Parkway, the residents of the townhomes along the north side of Evers Parkway requested that the street name be changed to Cobblestone Row. Since there are two streets named Evers Parkway, many of the residents of the townhomes on the cast/west section have related problems with deliveries, etc. and would like the problem resolved. In case II, pertaining to Grant Parkway, Mr. Williamson reported that the first plat on the street designated the southern half of the street as Greenfield Parkway. This plat was accepted on June 18, 1986. The second plat, Greenfield Woods Addition, designated the north half as Grant Parkway and was accepted on August 129 1987. Each of the plats dealt with half of the street and neither altered the other. In effect, there are two streets, side by side, joined in the middle. Another street was built that runs north/south between Greenfield/Grant Parkway and King's Row. It is currently Grant Parkway but was called Greenfield Woods Parkway in the street dedication. Mr. Williamson explained that since no one is addressed on the streets right now, it would prevent problems from occurring in th'; future when development occurred. The third case pertained to the renaming of the cast/west section of Mesa Drive to Barcelona Street. Ms. McCain stated that she felt Greenfield Woods Parkway is a long name. ' Mr. Williamson replied that the street was named during the street dedication. Ms. Bays moved to approve the street name changes as proposed. It was seconded by Ms. Caldwell and unanimously approved (6-0). t" { CITY COUNCIL ffH4 ♦ AA 4 ~ O O O M t t} ~ i ba\amberaon\eetlment.ord 40ende No. oc~,~ ~pa~Mal acs ~ Co ^ 3 ORDINANCE N0. Yle 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 DECLARING AN EFFECTIVE DATE. FRITZ V~CI1'Y OF DFUmnxne; AND THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; I SEOT_ION That the City Manager is hereby authorized to execute a Compromise Settlement Release of All Claims in the matter of Fritz v 9ity of Denton, providing for the settlement and compromise of the litigation now pending between the parties in the 362nd District Court, Denton County, Texas, Cause No. 91-40716-362 in an amount not to exceed Thirteen Thousand Eight Hundred and Seventy-five Dollars ($13,875.00), SECT_ ION II. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERR ,Y MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM; DEBRA A. DRAYOVITCH, CITY ATTORNEY {a 1 1 ~ r 1 r t 1Trr.T T+. . ~~CITY~ITFC Lr1r .x. z{ COUNCIL tf2 . r, _ }T 2r;;.: t 1 :..:.I I #~f is Tr::r . t CYQ~ 0 0 ° {T ' o ` X o~ o e ~ ~QMM ~~ooOJ W GGG agenda Na _ 3- Ageidalte rite ~e~ 93 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager. SUBJECT: Ordinance to submit application for and accept Section 9 Federal Transit Administration Funding for Public Transportation in Denton DATE: March lb, 1993 I - RECOMMENDATION: That the City Council pass the ordinance authorizing the City Manager to submit an application for and accept Section 9 Federal Transit Administration (FTA) funding for public transportation in Denton. BACKGROUND: The City of Denton is requesting $205,000 for operations, $24,000 for planning, and $837,200 for capital for public transit from the FTA. The breakdown of matches are listed below: Local Federal State City Planning 801 130 71 Capital 801 131 71 Operating 501 251 254 As we discussed at a previous work session, the City is including all the capital needs for the next several years in response to President Clinton's proposed E:cnomic Stimulus package. The , Federal Transit Administration will provide the City with a specific funding amount if and when the President's proposal is passed. At that time, the specific items to be purchased will be sent to the FTA as prioritized by the City. The City's portion includes $55,440 in the general fund, the same amount allocated in FY 92-93, plus match in city staff time and other eligible match (eq. trolley advertising, RSVP, United Way donations, etc,). The City will keep track of staff time spent on Agenda No Aperdallsq __,ks s`// f No 6L 9,3 Public transit and submit it to the FTA for partial feder- reimbursement. This money will then be available to pass through to the transportation oporator without out of pocket City expense. As is always the case, if the local match cannot be made, then the expenses will not be incurred. There is no ponalty for not using the entire amount granted. The City is required by the Federal Transit Administration to go out for bids for the transit service in this fiscal year. Preparations are being made to draft a request for proposal to be mailed to prospective bidders. Based on the proposed Section 9 funding request, the same transit services will be continued, including demand-response elderly transportation, HandiHop, and the five fixed routes. PROGRAMS. DEPARTMENTS, OR GROUPS AFFe1-7'eDr Elderly, handicap, and public transportation riders, SPAN staff, various City departments FISCAL IMPACTr Last year the City of Denton allocated $55,440 for transportation. The Section 9 application request is based on last year's City cash contribution of $55,440, plus City staff time that will count toward local match. The transportation allocation will be proposed in the City's 93-94 budget and will follow the normal budget approval process. If this amount is not allocated, then the matching amount of federal dollars will not be available for transportation in the Denton urbanized area. Please let me know if I can provide additional information. { RESPECTFULLY SUBMITTED, l . Lloy V. Harrell City Manager Prepared byr I , Gnu-'.,~~--'~ 1~.. Catherine E. Tuck Administrative Assistant DENTON SECTION 9 499n(Jdltert~ OPERATING BUDGET 1994 REVENUES rite _ 1993 1994 J c = s BUDGET PROPOSED BUDGET SECTION 9 GRANT $199,130 PTF STATE MATCH $205,000 CITY OF DENTON $99,565 $102,500 UNITED WAY DENTON $77,872 $90,440 RSVP CONTRIBUTION $5'417 $5,500 TROLLEY SPEC.REVENUE $1,733 $1,560 TROLLEY ADVERTISING $5.417 $0 $3-250---___ $50000 $392,384 -$410,000 ~ i EXPENSES 1993 ====z> 1994 BUDGET PROPOSED BUDGET PAYROLL (InOlud. benefits) $309 045 SUPPLIES $4,334 $312,000 ADVERTISING/PROMOTION $4,849 $4,500 AUDIT (SPAN) $4,379 $81000 AUDIT (CITY) $5,000 $20000 CONFERENCE/TRAINING $4,530 $51000 MILEAGE $2,790 $30000 OCCUPANCY RELATED $4,:27 $500 TELEPHONF/COMM. $50000 INSURANCE $118?1 $5,000 FUEL $30,721 $42,000 MAINTENANCE $36,761 $38,000 TAXI-SUBCONTRACT $400000 $40,000 MISC. $20,000 $20,000 $2,753 $21000 LESS FARE REVENUES $468,780 $4870000 $76,396 $77,000 NET EXPENSES $392,384 $410,000 4amda No DENTON SECTION 9 Ageodaltemr PLANNING BUDGET 1994 0ale---q~ y_f~ REVENUES 1993 1994 L~~ f =======l BUDGET PROPOSPD BUDGET SECTION 4 GRANT $47,312 PTF STATE MATCH $7,688 $24,000 CITY OF DENTON $3,900 $4,140 $2,100 TOTALS $590140 - $30,000 r PLANNING 1993 1994 COSTS BUDGET PROPOSED BUDGET TRANSIT OPERATION (CITY) TRANSIT OPERATION (SPAN) $20,000 $0 $10,00 GENERAL DEVELOPMENT (CITY) $0 $ GENERAL DEVELOPMENT (SPAN) $10,000 $0 GRANT ADMINISTRATION (CITY) $29,140 $20,000 GRANT ADMINISTRATION (SPAN) 0 $0 TUTALS $59,140 $30,000 i I Agenda No CAPITAL BUDGET 1994 AgandaIIam Once _,x-41 2~ REVENUES 1993 1994 1994 U BUDGET ALLOCATION STIMULUS PAmAG SECTION 9 GRANT $96,344 $120,800 $837,200 PTF STATE MATCH $15,656 $19,630 $136,045 CITY OF DENTON $8,430 $10,570 $73,255 TOTAL REVENUES $120,430 $151,000 $1,046,500 CAPITAL 1993 1994 1994 I COSTS BUDGET ALLOCATION STIMULUS PACKAG TROLLEYS (3) $0 $0 $540,000 VANS (6) $0 $0 $270,000 VANS (3) $1020000 $0 $0 P.A. SYSTEM $0 $5,000 $5,000 CURB CUTS $0 $100500 $100500 BUS SIGNS/ POLES $18,430 $0 $10,500 ` REPL. 2-WAY RADIO SYSTEM $0 $0 $30,000 BUS SHELTERS (4) $0 $0 $40,000 TICKET BOOTH $0 $0 $50000 MAXI-VAN $49,500 $49,500 MID-SIZE BUS (1) $0 $86,000 $86,000 TOTALS $120,430 $1510000 $10046,500 AAA0046F Agenda No ORDINANCE NO. AN (RDINANC£ AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MA:'S TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the S,.cretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and j I WHEREAS, the contract for financial assistance will impose k certain obligations upon the applicant, such as the City of Denton, including an obligation to provide the local share of the project costs in the program; and WHEREAS, Department Transportation requires, in accordan ewi with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connec- tion with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment con- tracts, or consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION E That the City Manager is authorized to execute and file an application on behalf of the city of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. SECTION II, That the City Manager is authorized to execute and file with such applications an assurance or any other document re- quired by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. SECTION _ III, That the City Manager or his designee is authorized to furnish such additional information as the U. S. Department of Transportation may require in connection with the application for the program of projects and budget. SECTION IV. That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the f ACanda No Agenda ltern_ U.S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 2993. BOB CASTLEBERRY, MAYO- ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA As DRAYOVITCH, CITY ATTORNEY BY. 1 J PAGE 2 'may 1 «~i ~ :St` + It+ TCITY I # COUNCIL ~ I # i= . a-11 ti: a ~ta.. :tFir: t t i t q.1 O o° ITT e a ~~0 OGt~~OOv I agenda No Agenda 4 53&LfXIZ !ate _ ZZ -Z) CITY COUNCIL REPORT TO: Mayor and City Council FROM: Lloyd V. Harrell, City Manager DATE: March 16, 1993 SUBJECT: Street Closing Request from Delta Sigma Theta for the Annual Greek Show at the University of North Texas on March 27, 3993 RECOMMENDATION: That the City Council approve the Resolution Temporarily Closing the following streets on March 27, 1993, from 5:00 p.m. to 11:00 p.m.. 1. Avenue E, from Eagle to W. Prairie; 2. Avenue D, from Maple to Highland; 3. Highland Street, from Avenue E to Avenue C; SUMMARY: Aminika Proby, representing Delta Sigma Theta sorority at the University of North Texas, has requested that the streets named a for the bove, be closed to through traffic from 5:00 p.m. to 11:00 p.m. 1 Annual Greek Show. The event Is a fraternities to raise money regional ochrity. The event will occur at the Coliseum and the streets are requested to be closed for traffic control purposes. The UNT Police Denartment will be manning each barricaded intersection and will also work security for this event. Most of the property affected surrounding the Coliseum is owned by the University. The petition attached reflects UNT's concurrence with this request. The barricades will be manned with UNT Police at all times and will a' allow all residents of the Brentwood Apartments and customers of 1 the Texas Pickup to be admitted throughout the event. The Brentwood Apartments have access to the apartments off of Prairie Street. +uanaaitem -deL ;Rol „1'lA Fiscal Impact: 7 None, The City of Denton Police and Fire Departments have been contacted and concur with this request, Please advise if I can provide further information. RESPEC ULLY SUBMITTED,„ r I _s K to V. Harrell City Manager Prepared by: LV . = - j Catherine E. Tuck Administrative Assistant 1 1 ,r OF, f velaa No 9 -nQ 4 agen0altem 'Ale -19- University of North lc' xas .9 7 University Police March 8, 1993 City Council City of Denton Municipal Building Denton, Texas 76201 Honorable Council Memberst I cannot attend the session of the council at which Delta Sigma Theta's street closing request will be presented. However, I wanted you to know that the Delta's are seeking these street closures at the request of the University. Closing these streets to control access to the Coliseum area is essential to the security of the event. It also discourages those who come to the event simply to cruise the area, we feel these individuals, not the fraternities and sororities attending the event, cause the majority of the problems associated with the event. UNT Police Department will be responsible for barricading the intersections in question. UNTPD will be responsible for staffing security and traffic control points necessary to the control of the event. This plan was used last year, with minimal problems. Officers staffing the control points were able to accommodate requests by residents and business customers needing to enter the controlled area. Thank you for your attention and consideration in this matter. I encourage you to rule favorably on this request so the event can be controlled properly. R}tppectfully, e~~ Eric Ja son Chief of Police 11.0 . Bo% 11367 Ikamn. Tciu~ 76103-3467 P17 S61-JrXNi REQUEST FOR STREET CLOSURE AGOMSNo Agenda It ~ J /J ti Organization requesting street closure Delta Sie PAWai-reroclsu..2uc.- University Of North Texas ct Contact Person: Aminika Proby or Teri Estes (President) Address: UNT Box 8829, Denton, TX 76203 Phone Number: Aminika Proby 383-1816 Teri Estes 369-6233 Street TO Be Closed: Avenue E (see man) L Date and Time TO Be Closed; March 27, 1993 - 5 p, m. "Rp_M i Intersecting Streets: F.WMand-St` 1'eai v , r ~i i.,~ i Reason For Closure: Greek Show Please complete the bottom Portion of this form. residents and/or businesses affected by the street closure coatacted and Sign below with an indication of being in favor or in opposition to the Street Closure. NAME AUTHORIZED or BUSINESS 9-1-GNATURE V LotPOSE 1. Texas Pickup pf Q~f n^ / Or/1 fr Z. Chevron _=lT,~j y3'~•11~ ~~~Y? 3. Brentwood Apart -r', ~ A~l S. 6. e. 9. 10. 2963C/S F f PARKING _ - - Acts P 27 I ~ a I ` I • -\o z I VIP/Officials - P 28 P OOU all "'•r""' Iq NwwwY Press - P 27 1Loading: NTunnel) P41, Reserved Seating - P 20, 13, 14, R o `ENTRANCE TO COLISEUM "9 ,.-M-d rwr . j - I` Acts/Officials - South TL=el u - Q ,au y .r. u i Press -North Tunnel IRAN D 2 a Vendors - Gate F I~.~J1 Reserved Seating - Gates E b F 14 - Man _~yy e n1YtiN a Yrx YrWr, "Isle 611,412 ° . rr.wR ° wrYrYYr • V ~.J m~ j 1 - - ~we~l D9~ s •a ® D Q_ IwiNYR O a i NRwRl w. F ~RY by . Q D d f D ® 1 1,`~ Nw A Rail ' '1 \ 1 ~ NYrY. rR1. a • - ~ A ~ rwrN m.,,„ lili•' may( ~ D ® L r 1 'lit'. •r b~ } _ - ~r yrf ~04b b aoirit f t \L ua .us n,sr IFIF ~ on" - STREET CIlJSUREs 5100 P.M. l/ w eye.', liIVESITY UNION - ROGISTRATICN/TICKET MINI Y,pr SALES / \ - NORTH COLLEGE INN - DELTA St" 97lETA CNAPM J8\WPDOCS\RES0\STRT-CL0.RES ApIdalterr~ eI2Z1~ 11111e _-A e~ i Y7 ' RESOLUTION NO. A RESOLUTION TEMPORARILY CLOSING AVENUE E, FROM EAGLE DRIVE TO PRAIRIE STREET; HIGHLAND STREET, FROM AVENUE E TO AVENUE C; AND AVENUE D, FROM MAPLE STREET TO HIGHLAND STREET ON MARCH 27, 1993; AND PROVIDING AN EFFECTIVE DATE. r WHEREAS, Aminika Proby, representing the Delta Sigma Theta Sorority, is requesting that the following streets be temporarily j ? closed to the public vehicular traffic between the hours of 5:00 j 1 p.m. and 11:00 p.m. on March 27, 1993, for the purpose of having a Greek Show; 1. Avenue E, from its intersection with Eagle Drive to its intersection with West Prairie Street; 2. Avenue D, from its intersection with Maple Street to its intersection with Highland Street; 3. Highland Street, from its intersection with Avenue E to its intersection with Avenue C; and WHEREAS, Aminika Proby, representing the Deilta Sigma Theta Sorority, has assured the City that the property owners in this area have agreed to the temporary closing of this road; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION i That the fallowing public streets within the cor- porate limits be temporarily closed to public vehicular traffic between the hours of 5:00 p.m, and 11:00 p.m. on March 27, 1993: 1. Avenue E, from its intersection with Eagle Drive to its intersection with West Prairie Street; 2. Avenue D, from its intersection with Maple Street to its intersection with Highland Street; 3. Highland Street, from its intersection with Avenue E to its intersection with Avenue C; direct the app priatThat the City e City staff to work with ti the hereby Depart- ment and the University of North Texas to erect barricades at each of the intersections designated in Section I hereof at 5100 p.m. and to have the same removed at 11:00 p.m. on said date. I A00daNo Agenda fterrt ___!f'f~. Date 1993PASSED AND APPROVED this the day of , . ! BOB CASTLEBERRY, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY 1 1 PAGE 2 " w"":3wi r :t • rir w n P Y~ „ /f/f1 j+ y ff rl M ~ :A ~a I IrstJS~c<%7 A Y thypw~s py~~~.dRH1:l PLFL' 1 f SI.. ~ u lf•Kt' 1t. ~ly Ai~Y IJ. I1 hh ~J rnnn I e t N t T W_ AQeods No - G / A Item 4 oate -3. ,-(a DATE:_March 16, 199 v ~f CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: TREE POWER PROGRAM RECOMMENDATION: The Staff recommend approval of the resolution. SUMMARY, Reduction of peak demand lowers Denton's share of TMPA fixed costs, which helps keep electric rates low for all customers. Trees also increase comfort, improve air and water quality, prevent soil erosion, reduce noise, increase privacy, raise property values, enhance aesthetic appeal and provide habitat for wild life. This resolution is presented for your consideration to declare that the Tree Power program is indeed carrying out a public purpose by saving City electric customers money on summer air-condi%ioning bills and by lowering the annual peak demand for power from the City electric system. BACKGROUND: This is a continuation of a program which began last year. The long-term goal for the program is to supply to the community a number of trees equal to the number of City electric customers (approximately 25, 000). Denton Municipal Utilities is participating in this program as a member of the American Public Power Association. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City council, Public Utilities Board, City utility department, City electric customers, citizens of Denton. Benda No 40 52 - - Agendaitem_' TREE POWER PROGRAM SIC =MSG L 3 / March 16, 1993 ~l Page 2 FISCAL IMPACT: Budgeted for Fiscal Year 1992.93: $100,000. Respectfully submitted, i Lloyd V. Harrel. City Manager Prepared by: C2 qV Richard Fostet Public Information Coordinator Approved byi e-I R. E. Nelson _ Executive Director of Utilities R1793C/2 f J:\WPDOCS\RESO\TREE.A r Agenda lor.i ~Ne RESOLUTION NO. A RESOLUTION RECOGNIZING THE PUBLIC PURPOSES SERVED BY THE TREE POWER PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton and its publicly-owned electric utility have an obligation to provide reliable electric service to the citizens of Denton in a cost-effective and environmentally- responsible manner; and WHEREAS, it is in the best interests of the City and its utility customers to promote measures which lower energy use and peak demand on the electric system; and WHEREAS, energy conservation and reduction of peak power de- mand save ratepayers money on summer electric bills, as well as improving the utilityts load factor, thereby lowering Denton's share of fixed costs from the Texas Municipal Power Agency and de- laying the need to install additional generation capacity, which helps keep electric rates lower for all customers; and WHEREAS, a major contributor to energy use and demand by electric customers is the use of air-conditioning in the summer; and WHEREAS, trees in urban landscapes promote energy conservation and reduce the peak demand for power from the utility system through shading, evapotranspiration, reduction of air infiltration and mitigation of the urban "heat island" effect; and WHEREAS, trees also improve air quality by removing dust and other airborne particles as well as greenhouse gasses such as carbon dioxide which contribute to global warming; and WHEREAS, trees prevent soil erosion which can otherwise adversely affect the ;ity's drainage and storm sewer systems; and WHEREAS, trees provide a multitude of other benefits to the community and its residents including improved water quality, reduced noise levels, increased privacy, and higher property values; and WHEREAS, trees are one of this country's and this community's most important natural resources; and I WHEREAS, nationally, urban trees are being lost at a rate four times greater than they are being planted; NOW, THEREFORE, f AgrdsNo Apsnda 4em_._._1&AiZ4 `l' el THE COUNCIL OF THE CITY OF D£NTON HEREBY RESOLVES: SECTION I That the City's Tree Power Program, effective through April 1, 1993, serves an important public purpose and benefits electric rate payers as well as the citizens of Denton. U9210_11, That this resolution shall become effective immediately upon its passage and approval. r~ PASSED AND APPROVED this the day of 1993. i BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY i BYt PAGE 2 ,ll . ~~\..P4R,.,. J R ICI r~, t 1. ♦ } A 1 f~ ~ d i K~ 1 i 1 Et\WPD0CS\0R0\MUNICT.0 agenda No _ 3 - 00 ~ger~da Esem k ace _.3.(6 ~1 RESOLUTION NO. l A RESOLUTION SUPPORTING LEGISLATION TO CREATE A MUNICIPAL COURT OF RECORD FOR THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the creation of a Municipal Court of Record would pro- vide a more efficient means to dispose of cases arising in the city of Denton; and WHEREAS, the creation of a Municipal Court of Record for the City of Denton would ease the volume of cases requiring hearings in courts of higher jurisdiction; and WHEREAS, a more efficient means to dispose of cases arising in the City of Denton would benefit the citizens of the City of Denton by providing a speedy resolution to cases filed in the Municipal Court; and k WHEREAS, the creation of a Municipal Court of Record would pro- mote more efficient law enforcement with respect to Class C mis- demeanor offenses arising in the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION i. That the City of Denton, Texas, supports the pro- posed legislation which will be similar to the provisions of the legislation attached in Exhibit A and made a part hereof, to create a Municipal Court of. Record for the City of Denton and expresses appreciation to Representative Ben Campbell for his efforts on be- half of the city of Denton in creation of said court. SECTION II. That the City secretary is hereby directed to for- ward a copy of this resolution to Representative Ben Campbell, Representative Jim Horn and Senator Jane Nelson. SECTION III, That the Texas Legislature be requested to give early consideration and approval of the legislation creating a Municipal Court of Record for the City of Denton, Texas. SECT:LQN IV, This resolution shall take effect immediately from and after its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR Page 1 Agodalterr,., [ale 7 / ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY Page 2 agenda No C' Agenda Qem __'yl.,2 e mre__ ✓ 93 A BILL TO BE ENTITLED AN ACT relating to the creation of municipal courts of record in Denton. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Chapter 30, Government code, is amended by adding Subchapter v to read as follows: SUBCHAPTER DENTON Sec. APPLICATION. This subchapter applies to the City of Denton. Sec. CREATION. (a) The governing body of the city may by ordinance create a municipal court of record if it determines that the formation of the court is necessary to provide a more efficient disposition of cases arising in the city. The governing body may by ordinance determine the number of municipal courts of record that are required to dispose of the cases and may i courtsmust give each court a needed. designation sbegin ing with "Municipal Court No. 1." (b) on governing body roftthe city shalldetermine the method of record, the judge of a municipal court of record by: appointment of a munic palajudge di by the governing body of theforcity; ord for the of a municipal judgeiby the q alifiedhvotersvofethe cityJeorction (3) ordering an election in which the qualified voters of the city determine whether a municipal judge is appointed by the governing body of the city or elected. (c) A municipal court of record may not exist concurrently with municipal courts that are not courts of record in the city. (d) A municipal court of record has no terms and may sit at any time for the transaction of business of the court. Sec. JURISDICTION. (a) A municipal court of record under created b territorial limits of thecity t In all criminal 1cases narising nundthe J er the ordinances of the city. 1 1 f ~ r i Aflendallem.__k.~.~ a , l ~ I ' (b) The court has concurrent jurisdiction with a justice of ; the peace in any precinct in which the city is located in criminal cases within the justice court jurisdiction that: (1) arise within the territorial limits of the city; and (2) are punishable by fine only. li (c) The court has jurisdiction over cases arising outside the i territorial limits of the city under ordinances authorized by Section 215.072, 217.042, 341.903, or 401.002, Local Government Code. Sec. WRIT POWER. The judge of a municipal court of ` record created under this subchapter may grant writs of mandamus, injunction, attachment, and other writs necessary to the enforcement of the jurisdiction of the court and may issue writs of F habeas corpus in cases in which the offense charged is within the jurisdiction of the court.. 1 Sec. APPLICATION OF OTHER LAWS. The general law i regarding municipal courts of record, the general law regarding justice courts on matters not covered by the law regarding I municipal courts, and any charter provision or ordinance of the city relating to the municipal court apply to a municipal court of record unless tha law, charter provision, or ordinance is in IM conflict or inconsistent with this subchapter. Sec. JUDGE. (a) A municipal court of record is presided over by a municipal judge. The municipal judge must be a licensed attorney in good standing in this state. The judge must be a citizen of the United states and resident of this state but need not be a resident of the city. The municipal judge shall devote full time to the duties of the office as necessary. (b) If more than one municipal court of record is created, judges of each municipal court of record may at any time exchange benches and sit and act for each other in any pending case, matter, or proceeding. i (c) A municipal judge is entitled to receive a salary and other benefits set by the governing body of the city. The judge's salary may not be diminished during the term of office. The salary may not be based directly or indirectly on fines, fees, or other costs that the municipal judge is required by law to collect during a term of office. Sec. VACANCIES] TEMPORARY REPLACEMENT; REMOVAL. (a) If a vacancy occurs in the office of municipal judge, the governing 'i body of the city shall appoint a qualified person to fill the office for the remainder of the unexpired term. PAGE 2 ,'g2ndaNo AgWa 116m- J ,1 (b) The governing body of the city may appoint persons as relief municipal judges, who shall be known as "assistant municipal judges." As assistant judge must meet the qualifications e mu thescompensationhof the nic a sist ant judgese gTher i muncipal shall set assign an assistant judge to act for a municipal judget~who mis temporarily unable to act for any reason. As assistant judge has all the powers and duties of the office while acting for the municipal judge. (c) A municipal judge or assistant municipal judge may be removed from office in the manner prescribed for removal of a county court at law judge. Sec. CLERK; OTHER PERSONNEL. a) shall appoint a clerk of the municipal court of recThe c mar ord whoyshallgbe known as the "municipal court clerk." (b) The clerk or the clerk's deputies shall keep the records of the municipal courts of record, issue process, and generally perform the duties for the court that a clerk of the county court exercising criminal jurisdiction is required by law to perform for that court. The clerk shall perform the duties in accordance with statutes, city charter, and city ordinances. (o) The clerk may hire, direct, and remove the personnel authorized in the city's annual ':udget for the clerk's office. Soo. COURT REPORTER. court reporter for the purpoze of preservin a record in The city shall provide cases tried before the municipal court of record. The clerk of the court shall appoint the court reporter, who must meet the qualifications provided by law for official court reporters. reporter at clerk may provide that, instead of providing a court re recorded b a trial, proceedings in a municipal court of record may y good quality electronic recording device. If the recording device is used, the court reporter need not be present at the trial to certify the statement of fLcts. The proceedings that are appealed shall be transcribed from the recording by an official court reporter. (c) The court reporter may use written notes, transcribing equipment, recording equipment, or a combination of those methods to record the proceedings of the court. The court reporter shall keep the record for a 20-day period beginning the day after the last day of the court proceeding, trial, or denial of motion for new trial, whichever occurs last. (d) The court reporter is not required to record testimony in a case unless the judge or one of the parties requests a record. PAGE 3 AQenda No Agenda 119PL_ A party's request for a record must be in writing and filed w the court before trial. ith (e) The court reporter shall certify the official record. ' Sec. PROSECUTION BY CITY ATTORNEY. All in the municipal court of record must be conducted by sthetcity attorney or an assistant or deputy city attorney. Sec. COMPLAINT, PLEADING, (a) A In municipal court of record commences with the filingpofca complaint. A complaint must begin "In the name and by authority of the State of Texas" and must conclude "Against the peace and dignity of the State." (b) Complaints must comply with Article 45.17, Code of i Criminal Procedure. (c) Pleadings must h. court clerk. in writing and filed with the municipal Sec. JURY. municipal court and charged with an offense is entitled to beetried by a jury of six persons, unless that right is waived according to law. I qualifications required oft jurors by law and must be a resident the the city. I (e) A juror is entitled to receive the compensation for each day and each fraction of the day in attendance on a municipal court of record jury as provided by Chapter 61. (d) The municipal court shall establish a fair, impartial, and objective juror selection process. Sea. COURT RULES. ( Except moifi this subchapter, the Code of Criminal Prot dure as sappli detobcounty courts at law governs the trial of cases before municipal courts of records. (b) Bonds must be payable to the state for the use and ' benefit of the city. The court may not assess court costs other than warrant fees, captas fees, and other fees authorized for municipal courts. I (e) A peace officer may serve a process issued by a municipal court of record. (d) On conviction, judgment and sentence are in the name of PAGE 4 I I Agenda No Agenda jerr the state, and the state recovers from the defendant the fine and fees for the use and benefit of the city. The court may required that the defendant remain in the custody of the chief of police until the fines and costs are paid and shall order the execution issue to collect the fines and penalties. (e) Fines, fees, costs, and bonds shall be paid to the municipal court clerk, who shall deposit them in the cit fund. y general Sec. APPEAL. (a) A defendant has the right of appeal from a judgment of conviction in a municipal court of record as provided by this subchapter. The state has the right to an appeal as provided by Article 44.01, code of Criminal Procedure. The Denton County Courts at Law shall be the initial courts for appellate review of cases from the municipal court of record and shall hear all appeals except in cases in which the county courts do not have jurisdiction of an appeal from a justice court, in which case the arpeal shall be heard by the court that has juris- diction of an appeal from the justice court. (b) The appellate court shall determine each appeal from a I municipal court of record conviction on the basis of the errors that are set forth in the defendant's motion for new trial and that are presented in the transcript and statement of facts from the proceedings leading to the conviction. An a prepared municipal court of record may not be by trial de no vo eal from the (c) To perfect an appeal, the defendant must file a motion I for new trial not later than the loth day after the date on which the judgment and sentence are rendered. The motion must be in writing and must be filed with the clerk of the municipal court of record. The moti:n constitutes the assignments of error on appeal. A ground or error not set forth in the motion is waived. If the court does not act on the motion before the expiration of 30 days after it is filed with the clerk, the motion is overruled by operation of law. ' (d) After an order overruling a motion for new trial, the defendant shall give written notice of appeal and pay the transcript preparation fee not later that the loth day after the date on which the motion is overruled. The governing body shall set a reasonable transcript preparation fee not to exceed $25. The clerk shall note the payment of the fee on the docket of the court. If the case is reversed on appeal, the fee shall be refunded to the defendant. (e) The city attorney or the assistant or deputy city attorney shall prosecute all appeals from the municipal courts of record. PAGE 5 Sec. _ APPEAL BOND; RECORD ON APPEAL. (a) If the defendant is not in custody, the defendant may not take an appeal until the defendant files an appeal bond with the municipal court of record. The bond must be approved by the court and must be filed not later than the loth day after the date on which the motion for new trial is overruled. If the defendant is in custody, the defendant shall be committed to jail unless the defendant posts the appeal bond. (b) The appeal bond must be in the amount of $50 or double the amount of fines and costs adjudged against the defendant, whichever is greater. The bond must be payable to the state for the use and benefit of the city and must be conditioned on the defendant's immediate and daily personal appearance in the court to which the appeal is taken. I (c) The record on appeal consists of a transcript and, if necessary to appeal, a statement of facts. The court reporter shall prepare the record from the reporter's record or mechanical recordings of the proceedings. The defendant shall pay for the cost of the transcription. If the court finds that the defendant is unable to pay or give security for the record on appeal after a hearing in response to an affidavit by the defendant, the court shall order the reporter to prepare the record without charge to the defendant. If the case is reversed on appeal, the court shall promptly refund the cost to the defendant. Sec. TRANSCRIPT. (a) The clerk of the municipal, court of record shall prepare under his hand and the seal of the court a transcript of the proceedings in the municipal court of record after payment of the transcript preparation fee under section The clerk shall prepare the transcript under written instructions from the defendant or the defendant's attorney. Unless otherwise agreed by the parties in writing, the transcript must include a copy of: (1) the complaint; (2) court orders on any motions or exceptions; (3) the judgment, ' (4) the verdict of the jury; (5) any findings of fact or conclusions of law made by the court; (6) the motion for new trial and the order of the court on the motion; (7) the notice of appeal; PAGE 6 1 )±arR_~~1~ G Agenda l' (8) any statement of the parties regarding material to be included in the record; (9) the appeal bond; and (10) any signed paper designated as material by either party. (b) The defendant or the defendant's attorney shall file a cop, of the written instructions with the clerk and shall deliver a copy to the city attorney. (c) The city attorney shall file a written direction to the clerk if additional portions of the trial proceedings in the transcript are to be included. Sec. STATEMENT OF FACTS. (a) A statement of facts included in the record on appeal must contain: (1) a transcription of all or any part of the municipal court of record proceedings in the case as recorded on the electroni- recording device or shown by the notes of the court reporter re-orded or taken before, during, or after the trial, if the transcription is requested by a party, a party's attorney, or the municipal judge; (2) a brief statement of the facts of the case proven at the trial as agreed to by the defendant or the defendant's attorney and the prosecuting attorney; or (3) a partial transcription and the agreed statement of the facts of the case. (b) The court reporter shall transcribe in duplicate any portion of the recorded proceedings or the notes of the court proceedings in the case at the request of either party or the municipal judge. The defendant shall pay for the transcription unless the court finds, after hearing in response to an affidavit by the defendant, that the defendant is unable to pay or give security for the transcriptions. On certification by the court that the court reporter has rendered the service without charge to the defendant, the court reporter shall be paid for the services by the city, , Sec. TRANSFER OF RECORD; FEE. The parties must file the transcript and the statement of facts with the clerk of the municipal court of record not later than the 60th day after the { date on which the transcript preparation fee was paid. The clerk shall promptly forward them to the appellate court clerk. Sec. BRIEF ON APPEAL. (a) The defendant must file PAGE 7 Agenda No Agendalterr~.,..~P a brief on appeal with the appellate court clerk not later than the 15th day after the date on which the transcript and statement of facts are filed with that clerk. (b) The city attorney must file appellee's brief with the appellate court clerk not later than the 15th day after the date on which the defendant's brief is filed. ' (c) To avoid unnecessary delay, the record and briefs on appeal shall be limited as far as possible to the questions relied on for reversal. (d) on filing, each party shall deliver a copy of the brief to the opposing counsel. Sec. PROCEDURE; DISPOSITION OF APPEAL. (a) The appellate court shall hear appeals from the municipal court of record at the earliest possible time with due regard to the rights of the parties and the proper administration of justice. The court may determine the rules for oral argument. The case may be submitted on the record and briefs without oral argument. (b) According to the law and the nature of the case, the appellate court may: (1) affirm the judgment of the municipal court of record; (2) reverse and remand for a new trial; (3) reverse and dismiss the case; or (4) reform and correct the judgment. (c) Unless the matter was made an issue in the trial court or it affirmatively appears to the contrary from the transcript or the statement of facts, the appellate court shall presume that: (1) venue was proven in the trial court; (2) the jury, if any, was properly impaneled and sworn; ' (3) the defendant was arraigned and pleaded to the complaint; and (4) the municipal judge certified the charge and the clerk filed the charge before it was read to the jury. (d) In each case decided by the appellate court, the court shall deliver a written opinion or order either sustaining or PAGE 8 I Agenda No AgendaiI9 overruling each assignment of error presented. The court need not give a reason for overruling an assignment of error, but it may cite the cases on which it relied. If an assignment of error is sustained, the court shall set forth the reasons for the decision. The appellate court clerk shall mail copies of the decision to the parties and to the municipal judge as soon as the decision is rendered. Sec. CERTIFICATE OF APPELLATE PROCEEDINGS. When the judgment of the appellate court becomes final, the clerk of that court shall certify the proceedings and the judgment and shall mail the certificate to the clerk of the municipal court of record. When the clerk of the municipal court of record receives the record, the clerk shall file the record with the papers in the case and note the filing on the docket of the municipal court of record. If the municipal court of record judgment is affirmed, further action to enforce the judgment is not necessary except to: (1) forfeit the bond of the defendant; (2) issue a writ of. capias of the defendant; or (3) issue an execution against the defendant's property. Sec. EFFECT OF ORDER OF NEW TRIAL. If the appellate court awards a new trial to the defendant, the case stands as if a new trial had been granted by the municipal court of record. Sec. APPEAL TO THE COURT OF APPEALS. An appeal of the appellate court decision to the court of appeals is governed by the code of Criminal Procedure, except that the transcript, briefs, I and statement of facts filed in the appellate court constitute the transcript, briefs, and statement of facts on appeal to the court of appeals unless the rules of the court of criminal appeals provide otherwise. 1 SECTION 2. The importance of this legislation and the crowed condition of the calendars in both houses create an emergency and an imperative public necessity that the constitutional rule requiring bills to be read on three several days in each house be suspended, and this rule is hereby suspended, and that this Act I take effect and be in force from and after its passage, and it is so enacted. Ze\WPD0CS\W0RK\B1LL.F PAGE 9 f 1 seen Mn t:u I x' t L 1 ,,..:....L al S::a ri. ff~Y•1!r! tt ffffff Alta !a ~r i I o' ~ ♦ Q9 e :.?ti 1 i ~ aQ61ba Hb - Cv / D Community Deve! pment !lice 10555 West Hickory Street 7726 4115 76201- C1TYo/DENTON, TEXAS (817) Texas Texas 383- -7726 MEMORANDUM i 1 I~ DATe: March 8. 199:1 TO: Mayor and Members of the City Council FROM: Barbara Ross. Community Development Administrator SUBJECT: HSC Resignation Sandra Ables contacted the Community Development Office last week end stated that she wished to resign from the Human Services Committee. She has recently moved from Denton and therefore feels it is no longer appropriate for her to remain on the committee, Ms. Ables resignation and that of Ruby Kerner earlier this year leaves HSC with two empty seats. The committee would appreciate appointment of two individ"als to fill these as soon as possible. Please call me at exL. 7235 if you have any questions. Thank you. j Barbara Ross "Dedicated to Duality WNW'