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06-15-1993
r Y4tk,ddl+p' s :`i• ti's S } v, NOW" - ~ ' 1 'rF~ TEASI,.Y LANE T,E, PEACOCK SURVEY C. POULLAHEI IALIER SURVEY A•-• 15$9 A--1 C A-- I 006 j CYST, FMC NYaAA1rT (TYPMIl) jolORPMNit 60'.._.0 6,,.. 0-... , I f t~sEab~t 4 J / DETAIL PLAN NOT - ACREAGE: LOT 1, BL .OT I, BLOCK Ar DENTON CATHOLIC ADIA. _ rD sAr~T wr LOT I 1 CAB, H/P 100 P.R. I atw,taM~r. 3 LOT 2 5 a I ' ZONED A (CHURCH USE) I o - tf0RF1 DRAIN 1NLfi . tj L-1 S 09'053'4 ' , E ,,4s,3e' n.e, TOTAL acREacc E Z~ Ile { * Ex~ar~o s' D a eR,tK , GROSS F R AREA (OFA) 72 wIR ESIs +!i. r f eferrmuVjZOrravel Q FLOOR AAIP ["AJAJI V nlli Cl I IILI^ nnT A^I If-n 11 n~ it I 4 REES e m~ l 1 Ile/ I 1 16' UTII, ESMN'TI - I 11-, LOT 2 1 a $9178 AC, II ' I wad UxN ° I I O .J Z yND Q _L .J v W bad b IbTREES 13D z :P - CUT. I Q COTTAGE "ee r r WOODS MASS (4# TREES) ` ~.-°~tRrP O~agR 1 E 1 0~ _ A66 F all? JUN 1 01993 WARTMUr SUBDIVIDM, IELD THE ARCHITECTURAL COLLECTIVE a S 1300 N, LOCUST OENTON, TEXAS r y )LTAIL PLAN J & 2, BLOCK A i a ' IOLDFIELD ADD N. 'i , ~ . 1 I + R\ SOON" WWAOMOMON i I _ yam, P 5 r _ r i 7 t ' tir y _ l _ ~ 1 ~ J V Ti i _ ~ . i : I 1 g, N I 1i nT 640' } IRf F 1 JOHN G. `GAY, et uX' 1' 714~P 3rd r 39 r . _ T V Y CIS G0 SUkVFY . X11814 CIL, r S"A nUN +979:x,116 &Oe F,LRY, - i tRf eeras'Or E X67600 y.._.~. r 60, 0 T 4 tawr s+~ LN.13 z 11194'1 301, 4ENERM, UTIL WNW r 4 LOT 2 ZONS SP-7 I J . 16' VTIL PAS9MENI'T 'DECEI'VED n£ +ttt BIRO( m NTEF CA 81/, t t i E UALOPEA: WILLIE ANb 00ACT A HUCSPFIH 316 N BONNIE WE bENf 6NfEXAS~ ~yyyy~. R MINTER ADDITION of 13LO A j. Biook. ; A o Wnt'ar Adc"itiof ! of ri plitted Land, m At A 1184 0 N of DMONi TEW ~r if ~ 1r ~ L - , 6 } u ~ru K I n %1 4- STAU of MAS + DCalc~tloM t eouNrr or, oUta+ A t r 'YHER90 0r.414N, IN' pOiN't SC1100t hiSTRICt,: 14Illk imt,4004,4#4 pMETHA' HUD5P1l"'Aca 'the ¢Mnere 01,0 0 OA% Ii trey ett4eted to the d. bock W hbett O NtiibAt $s mad the N C1N4 Isrrey A~i ttsrt Nusbe't 1116, MY, and S~ IfIM end keln{ ell of lot 40 L lock #nla ldltt• o ea shown bi thl PAOat thereof wordtl 10 aktnetI ,'h w Y of Pontoo C4060,01Teaar.b.a1 ell ot!he'4e11ad.3135i 4ers triet daedrlbd-to tkkdel4, to Willi* "W104th' -104 € 3111 the eubJect Erect beIn' iota perll4ulerlV' deecrlled as' follower N t w~ IfOINMtl10 tor'the;eoeFNdeterl~ Northwest°cornet at,►he tract Ml's ducribld herelo, a 112 Inch''ltoh rod , H re of the said Lot 4 1" the Not th right at*eejr of k4ton Street tL South Itbe of a tract dfserl"4 in t ncoided to Volume 919Paje'116 of, chi Oeaten Couety Dlyd R44040 ' : l-r-y EM THENCE South 0$ Da r**$ 53 Hinulee'03 Seconde`.Gtt with the North line of late end t e $04th`I$"$ of thaS I+1CK" w of M'400 feet to A 1h la<li Iran rod 1904 it the 6optlwat cerMr of ►M sail Hu speth 313>6„acre tts~ ■ ~Tj so, 0 50' ioo~ r 111 1110KL North 00 Deltees 31,Hlnut+e 05 Sacoods Get with the Meet line of the said Hudspeth tract 'M ditto N 1/2 Inch Iron rod found at the Horthueet comer theroofl , y w N 111roce South 1S Dr tole kI hl nutes 01 Seconds East with the North line of the Hudspeth tract it dlstsnce to I ,tr >P Inch Iron rod found at the Northesit corner thereof! G t 3 r ~ T116NCf. South, 01 Dogms 16 Hinutes P) Second! Peet with the gait line of the sold Hudspeth; ttaet end the V 1 Addition a recorded in Yo;uaa 6211 pads 9 of the'Dentaq Cownty Plat Real property Records a dlabnte ei NORTH F '1J1~1'N FORTH WORTH BANK corner at the Southeast corner of the said N"epfth t'recty r r 11198Cr North 41 Mstees 12 ~Hlnutts fa Setoodf We$t Mlth, the Her th'fine of hot 3,•of thrsold Mplat_ot the X199+~ 20 a S'1s'~M ti South line of the said Hudspeth trACt'e dfetenN bt 25319! feet to a 1/9 loch Iron ra4 found at the abet No 1RF r S90JS 4 CLr' _ LO? 4 JOHN C, GAY, of uX Mf II DRAINAGE ~E f V 714/x? 378 W 1 I r!• CISCO SURVEY, _ x r~ A-1184 SWI:AtMAN ZONE A V,979 PJI6 APROZ. LOCH a "r I ELEV.- 660,5 -,N~ ~Rr a eree~a~ tar,oo 45,70. 1~... Dr3yIt$!' a LQ f YYa MLtl4 o a 0 4416* IE 313.!1 I r ~-30' GENERAL UTIL, EASEMENT E LOT 2 UTIL. EASFMFNT NY CONOSS160 bplretr BLOCK A KA \ SIAlt Of fpkAt r l6' MINTER ADW a d N, gJOntf of ItEN,OM } to bt ME' fMMp l Itisdfpti nra Nofeo knwti Iv rhdtt heMtt to tuSu t t drentt~&A tint ur;rtgo, some tot C I/P 253 ~ of to kee a wt oi wh Altse to s Airfbad to the fdtt AL& !n lood o the f6t goins 1Y / :n1►toxis tW coostalt, t. b"idt A It tlnoYItrttn♦edetd to ri 1Att so the!td hot ; PM4 0 $w - I. .Iau1M PLAT RECORDS 1 DENTON COUNTY, TI l I r L~ i ~ f6mmi I i 1UAVlMMI 6 ttN1ltlChlt, ~A INW At HFA Of 10I,19 rMhStlitlr 1 111Al to VWAAN No MAN, lidlltfrfd Ntetflflonol UAd Satfrtat, Ao hiralt tffiltf thdt i ,tftttid thin ,idt hod fe fttnsl And Ilreftmo ittrapp of ihf Ifnd dfirtihfd hftfaf, dnd thet T tho ratoft' r4ndrrtritf ~ahalfd harle6 Dorf fo!!hd or ►laeld onAfr of barranil wpftrialoh td atfardtoith,rlih ,tm Nfdlnaerff ft thf city of tklHfar ffllj, rte' I 1 MEMMIN ■ L -jam r J {r ~ n f , CITY COUNCIL AGENDA PACKET TUNE 15, 1993 me nq AGENDA ~ O CITY OF DENTON CITY COUNCIL June 15, 1993 Work Session of the City of Denton City Council on Tuesday, June 150 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: 1 NOTE: Any item listed on the Agenda for the Work Session may also be considered as part of the Agenda for the Regular Session. ' r { 5:15 p.m. 1. Executive Session: 1 A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Consider offer of settlement in the matter of the application of Bolivar Water Supply Corporation for an amendment to CCN No. 11257; Docket Nos. 9824-C + and 9447-C of the Public Utilities Commission. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. 1. Consider negotiation of line sale agreement between the City of Denton and Missouri Pacific Railroad. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. Receive a report and hold a discussion regarding the future of the North Lakes Driving Range and give staff direction. 3. Receive a report and hold a discussion regarding the Rails to Trails Program and give staff direction. 4. Receive a report and hold a discussion regarding the release of ETJ area to Argyle and Bartonville and give staff direction. 51 Receive a report and hold a discussion regarding proposed ordinance requirements for board and commission members; a date for the board/commission reception; pror:edures for nominating appointments to the boards/commissions; and gi%o staff direction. I Regular Meeting of the City of Denton City Council on Tuesday, June 15, 1993 at 7:04 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 AGenda No Apendattam.,.. Date -1.5 City of Denton City Council Agenda Q June 15, 1993 Page 2 2. Consider approval of the minutes of the Special Call Session of May 110 1993. 3. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning a 5.427 acre tract and detailed plan from the Agricultural District to the Planned Development District on property located west of the intersection cf Pennsylvania and Southmont Drives, immediately south oi' St. Marks Catholic Church for the purpose of two (2) onr, family dwelling detached, agricultural uses, and a private cul-de-sac. (The Planning and zoning commission recommends approval.) (The applicant has requested this item be postponed until July G, 1993.) B. Hold a public hearing and consider adoption of an ordinance designating 120 W. Oak as an historic landmark. (The Historic Landmark Commiasion and the Planning and Zoning Commission recommend approval.) C. Hold a public hearing to consider the preliminary and final replats of Lot 4, Block A of the Minter Addition, plus approximately 3.36 acres of unplatted land= into Lot 4R, Block A. The 3.589 acre site is located at the northern terminus of newton Street, approximately 450 feet north of its intersection with Wilson Street. (The Planning and zoning commission recommends approval.) 4. Consent Agenda Each of these items is recommended by the Staff and approval thereof will be strictly on the basis of the Staff recommendations. App:oval of the Consent Agenda authoriz6s the City Manager or his designee to implement each item in accordance with the Staff recommendations. Listed below are bids and purchases orders to be approved for payment undor the Ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 5.A, 5.B). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. apendaNo Apendaitem....~ Gate City of Denton City Council Agenda O June 15, 1993 Page 3 A. Bids and Purchase Orders: 1. Bid 11502 - Wildland Fire Truck 2. Bid 01506 - Warrant Collection 3. Bid 01509 - Transformers 4. Bid 01511 - SCADA Software 5. RFP 01465 - Medical Director 5. Ordinances A. Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (4.A.1. - Bid 015020 4.A.2. - Bid 015060 4.A.3. - Bid 01509, 4.A.4. - Bid 0'1511) B. Consider adoption of an ordinance authorizing the Mayor to execute an agreement with Randy Parks, M.D. for professional services relating to the duties of a medical director. (4.A.5. - RFP 01485) C. Consider adoption of an ordinance approving a settlement in litigation styled Hunter v. City of Denton. 0. Consider adoption of an ordinance providing for the indefinite closing of Westgate Drive north of Barrow Street. (The Citizens Traffic Safety Support Commission and the Planning and Zoning Commission recommend approval.) E. Consider adoption of an ordinance providing for designation of parking spaces for exclusive use of compact cars on portions of Elm Street and Locust Street= providing for a penalty not to exceed $200 for violation thereofl and providing for a saving clause. (The Citizens Traffic Safety Support Commission recommends approval.) F. Consider adoption of an ordinance authorizing the city Manager to execute an agreement with the Texas Department of Health to provide full cost grant funding in the amount of $200000 for upgrading the fluoridation system at the City of Denton Water Treatment Plant. (The Public Utilities Board recommends approval.) K r genoa rv'o ~~rQr~._ agenda~'em_ City of Denton City Council Agenda June 15, 1993 Page a G. Consider adoption of an ordinance authorizing tha City Manager to act on the City's behalf in paying W,.tlements in an amount not to exceed $5,000 and in executing compromise settlement agreements and releases r.pc.roved as to form by the City Attorney in lawsuite, filod by or against the City. H. Consider adoption of an ordinance approving t.hq City of Denton Sewer Use Ordinance that revises the existing i Denton Sewer Use Ordinance to include tecinienlly based local limits and pretreatment program mcdifications. (The Public Utilities Board recommends approval.) 1. Consider adoption of an ordinance establishing fees to be paid in relation to an application for or renewal of a loading zone. (The Citizens Traffic Safety Support Commission recommends approval.) J. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the city of Denton and 1DR Engineering, Inc. for professional engineering services for the sanitary landfill development. (The Public Utilities Board recommends approval.) K. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the City of Denton and American Appraisal Associates, Inc. for professional services to conduct an inventory of City assets. L. Consider adoption of an ordinance authorizing the Mayor to execute a contract for the collection of delinquent taxes. M. Consider adoption of an ordinance authorizing the City Manager to execute an agreement with the State of Texas for the installation of traffic signals at the Ih intersections of IH Highway 15 frontage roads with US Highway 77 and F.M. 1515. k 6. Resolutions A. Consider approval of a bond resolution by Denton Health Facilities Development Corporation providing for the issuance of bonds for the Evangelical Lutheran Good Samaritan society. i qq I ~gendaNo J_3 - agendas , City of Denton City Council Agenda June 15, 1993 rJ~ Page 5 B. Consider approval of a resolution authorizing the City Manager to execute assignment of a contract from Anthem Life Insurance company to Acordia Corporate Benefits, Inc, C. Consider approval of a resolution temporarily closing a portion of Rolling Hills Circle On June 26, 1993 for a bluck party. f D. Consider approval of a resolution leasing parking spaces located on the Willirms Trade Square. E. Consider approval ot a resolution committing to the continuation of adequate funding for implementation of the City of Denton Environmental Protectior Agency approved Pretreatment Program. 7. Consider approval of a Deputy City Secretary for 'rha signing of beer and wine permits and applications. 8. Consider approval of the Annexation Policy Plan. (The Planning and Zoning Commission recommends approval.) 9. Miscellaneous matters from the City Manager. i 10. Official Action on Executive Session Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments i 11. New Business This item provides a section for Council Members to suggest items for future agendas. 12. Executive Sessions A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. B. Real Estate Under sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. Agenda No Agenda It City of Denton City Council Agenda Ne- 3:? 1 June 15, 1993 / O Page 6 O NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. 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 (he , 1993 at _ ofclock (a.m.) CITY SECRETP,RY NOTEt THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY S ECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICtS FOR THE (TDD) BY 1-800-RELAY-TX SO THAT A SIGN LKNGUAGEDEAFINTERPRETERCALLING AN BE SCHEDULED THROUGH THE CITY SECRETARYOS OFFICE. ACCO0121 22 : f+ t i CITY COUNCIL 1777 ~or c, a + a o zf"r0 t*O~p ~~400a00G~1~~'~ an 7 f~ I I AQerdNS C'I'CY OII);;LIL REPORT F(jFMAT t>we TO: Mayo and Members of the City Council FROM: Lloyd V. Harrell, City Manager &'WEcr: CITY OF DENTON GOLF DRIVING RANGE DATE: June 10, 1993 RECOMMENDA-T I ON : The Parks and Recreation Department staff recon'!Wkds eliminating the service of providing a Golf Driving Range by the City or a City-contracted entity at North Lakes Park. SUMMARY: Two separate requests for a proposal to lease the Golf Driving Range generated no responses from any interested individuals or entities. With a new, private driving range and nine-hole golf course currently under construction in east Denton, the profitability for an individual or company associated to lease the facility at North Lakes Park is unattractive. "Attachment A" indicates the City was unable to create a profitable situation at tha range, and it is obvious from the lack of response that potential bidders were unable to project a profit, While staff has riot received any complaints about the closing of the range, there have been a number of inquiries regarding its status. Individuals have frequently been observed hitting an9 shagging their owns halls on the former range site. This indicates that the public is still gaining a benefit from the range, even though the formal service has been removed. AACKGROUND: The Recreation Fund Philosophy, adopted by City Council in 1989, required the Golf Driving Range to generate revenues covering 1009 of its operating and maintenance costs, Over the years, service, operating and budgetary concerns with regard to the Driving Range have surfaced and the range had been unable to generate the appropriate level of revenues. In response, staff prepared "Attachment S" as a memorandum to Betty McKean proposing the closure and pilvltlzation of the range. Iii September, 1992, during the bikiget a,,proval process, City Council elected to act on staff's tecummerKlat,ion tr eliminate the Golf Driving Range service provided by the City and to pursue pri•;itization of the rwiv. In addition, the professional position that supervised the Tango was eliminated with the intent to explore a private-entity leasing alternative. The Driving Range remained open through the end of Novcgket, 1992, to complete its rnormal season. Last winter a Requ,3sL for Pr.)posal (RFP) was distributed to ten individuals expressing an interest in leasing the range, but rr7 one sl;3,mitted a I rnp-aal bw~fote the ihe. WV7 i i ~gendeNa _0 d Aaenda ite~A ResF,onding to feeila-k from interested parties, the RIP we, ~?dafted ar distributed to thirteen individuals, inI'Aing those who 1.c. received the first P.FP. The second RFP provided a simpler format for proposal rosponse, but still did not result in any proposals being submitted by the deadline. PP.OrFAMS, DEPARTIcy'rS gR GROUPS AFFECTED: If the public driving range service is permanently eliminated with no further pursuit of a private leasing entity, the Parks and Recreation Department would post an official notification declaring the range open to t:,o Viblic for free hitting. All equipment that is currently in storage ark cL~ be used by the Department will he allocated to the appropriate areas. However, should Council choose to reinitiate the operation of the range, a significant financial, staffing and supervisory impact would occur. The elimination of the professional, supervisory position, formerly responsible for aquatics, athletics and the range, shifted the hands-on managerial responsi- bilities of the aquatics facility to the Leisure Services Manager. Reopening the driving range would require an allocation of funds to support supervision for the operation. FISCAL IMPACT: No revenues or expenditures were budgeted for fiscal year 1992-93, so no fiscal impact would be experienced by eliminating this service altogether. Opening the range from July t through September 30 of this fiscal year would require expenditures of approximately $15,000. CONCLUSIONt A new, public driving range and nine-hole golf course facility is currently being built on Loop 288 and is targeted for completion by July 31, 1993. In addition, the University of North Texas offers a public driving range service with their golf course. Between these two driving range facilities, the service needs of the citizens of Denton should be adequately met. 4120ya SUBMITT'D, Y all, City M qer Preparred b Ric,~t~l~+ h Dlugas, Direc .r of Parks and Recreation 4ectoAF,vproved!r, Mimicipal Services and Economic Development l w. SUMMARY OF HISTORICAL REVENUES/E'{PENDITURES FOR THE GOLF DRIVING RAGE ~ NEC. FUND GEN, FUND YEAR REVENUE EXPENDITURE EXPENDITURE BALANCE U 1988-89 $25,845 $27,992 $12,157* ($14,304) 1989-90 $30,501 $33,854 $16,7378 ($20,090) i990-91 $28,167 $26,811 $17,884* ($16,528) 1991-92 $35,097 $27,092 $10,782* 2,777) NOTES: 1989-90: The irrigation system was installed during this year, 1990-91: The Recreation specialist position was paid exclusively from General Fund (Athletics account), reducing overall Recreation Fund -xpenditures. 1991-92: Ball prices were raised $0.25 per bucket and the supervisory position was vacant. * General Fund expenditures from accounts other than Golf inclule water for range irrigation, y rental of the Athletics Trailer, and a one-third portion of the supervisor's salary. b June 10, 1993 b E Attac:a ent B vends No Q 3-09 ARendaltem n1t CfTY of DENTON, TEXAS MUNICIPAL BUJLDING / 215 E MCKINNEY / DENTON, T XAS 76201 M E M O R A N D U M DATE: May 28, 1992 T0: Betty McKean, Executive Director of Municipal Services and Economic Development FROM: Alicia A. Mentell, Superintendent of Leisure Services SUBJECT: GOLF DRIVING RANGE One of the options that is being proposed as a budget cut is the closure of the Golf Driving Range. In summary, the following is the estimated total expenditures specifically for the Driving Range: Recreation General und_ Fun$.. 8026 Temp/Seasonal 5alarioa $20,251 8061 FICA 1,549 8064 Workman's Comp 474 8112 Recreation Program 3,000 155 8525 Electric Power 21:00 8526 Water Service _ _,3,909, $25,271 $5,655 R Thic line item is budgeted in the Parks Division. Tho Golf Driving Range is managed by the Athletics Supervisor, but that position is current.y vacant. A temporary/ seasonal Golf Manager, at a starting pay rate of $5 per hour, sup^rvises daily operations at the Driving Range facility. A summary of the Golf Driving Range facility and concerns is attached to ,.his memo. 8171566.8200 D/FW METRO 434.2629 I NQ -oa , Keno to Betty MCKeat1 AgeRQelf May 2£1, 1992 Page 2 7 This budget cut i'.3 :"e lC,g IOCOIiil:~9 ri'_i@:1 fOr !hC folw 111 ~1 1. e a'oo riS; It is recognized by the DepattrCent that performing the quality of management required for a successful operation, according to customer expectations, is rot feasible within the current structure. * Funds to adequately staff the facility and upgrade the level of service at the Driving Range are riot currently available. i User fees have been continually increased over the last few years and as recently as this Spring. These fees now fall within maximum limits of acceptance by the customer, considering the quality of the facility and the availability of service. * The facility that is being used to house the Golf Driving Range operation is inadequate and does not present the best image in attracting potential customers. The Department proposes eliminating the operation and management of I the Driving Range by the City and pursuing a contractual agreement with a private firm to operate the Driving Range. It is recommended that a Request For Proposal process be initialed to consider potential privitization of the Golf Driving Range. Recently, the Department was approached by a professional golf- management group. Staff met with the group to discuss the feasibility for privitization of the City's ,olf Driving Range. This gr^up consisted of professionals in the field and has done considerable market research on the feasibility of a successful operation located at the North Lakes complex. The Department recognizes that there is a need for better customer service. Over the years, continual concerns have been voiced about the level of service that is being offrrrd at the Driving Range. Privitization has been discussed in the past as an alternative solution to these service-delivery issues, Typically, driving ranges are "attachments" to golf courses, or part of a larger multi-faceted complex that includes other amenities such as batting cages or putt-putt golf courses, These type of facility arrangements offer economies of scale for both operations and management. Jr, consideration of the current economic situation, such development is riot within the City's resources. rr~~ ~psndaNo _'7_ agsneayl~srtL~r1~~~~ Memo to Betty McKean CeIt May 28, 1992 64 C~ ?age 3 i Ultimately, the Department's ob3ective is to insure that quality service is provided to the citizens of Denton, whether this is accomplished through internal management or through an externally contracted entity. At this time, the Department does not believe that it has the necessar7 resources to provide the quality o- service the customer deserves and expects. Both the City's interest and the customer's interest can be more readily achieved through the pursuit of a lease arrangement that would allow for privitization of the Driving Range. C.I " Q / /.44ZW Ali-_ia A. Mentell Attachment 1 i I CONCERNS EXPRESSED REGARDING THE b aQAndB NO.~ CITY OF DEN TON Agen4aitem! y GOLr ORTVTIIG RANGE fttf9 ~j1.. In 1989, the Driving fange purchae.3 a ner EZ.. r 0 n 1 picker, and in 1990 installed a full ltiigatior,osystem. ctor and there is still much room for irrprovement at the Driving However, staff reco?nizes that an ideal tuatton for golf participants still cloes not exist. RANGE CLOSURES: Inclement weather has a major impact on the Golf Driving Range i its current location at North Lakes Park, The City's Engineering Department reports that two-thirds of the City's Driving Range is located in a floodplain. This makes it even more likely that standing water from inclement weather will accumulate on the Range. In addition, the IaY.e that borders the south end of the Driving Range receives run-off water from the surrounding areas and h,-,s backed up onto the Driving Range in the past. I During long periods of rain and flooding our Range must close to the public, because these conditions make it virtually impossible to retrieve golf balls. When balls are hit onto a wet range, most of them become plugged in the ground and cannot he retrieved by the beneathkthe surfaced thatnthemany y aref these time Plugged so ever, are would f become financially devastating to the operation. Brian Bender, Golf Manager, has estimated that the Golf Center sells approximately forty large zind twent day, A loss of 8 balls pr iet sold during wet y small buckets d balls per would be expected. Thiseisbankaverage of 960 balls eat $cnd4tions .29 each, which is a loss of $139.20 per day. For this reason, opening the Range while it is saturated is not financially feasible. Rain pre3ents problems to this and other Golf facilities, and is simply the "nature of the business." However, there are times when other facilities are open, as close as Lewisville, when our Driving Range cannot. This is due to the sometimes erratic distribution of rainfall in the metroplex. In addition, other ranges may have better drainage systems or may not be located in a floodplain. As the grassy groundcover on the Range strengthens and grows, aided by the recently installed irrigation system, standing water will become less of a problem in the future and the Range will be able to remain open during times that it is now forced to close. I In the past, mechanical failures of the EZ-Go tractor have forced closures of the Driving Range. Without the use of the tractor, picking up balls is nearly impossible. If it were to be done by hand, the Range would still need to be closed to allow employees to roam the Range to gather the balls. H„wevee, due to the overhaul of the EZ-GO tractor this last winter, the Range has minimized closing due to mechanical problems. The result is that the Range has been closed less this spring than many of the past seasons. ~gentleNo _a QUALITY OF SUPE'LIF.S: 4gBf142,}gtp 1.155 The Driving Range's supply and quality ()f yolf ;)alls has been a concern. A new ball-striping machine was Iurchased this year to save the amount of dollars spent preparing malls for the ranee. In addition, several hundred rore balls over last year's supply were ordered for this year'- season to replace those halls that are cut up or in otherwise bad shape. These actions will improve the quality of the balls, as staff continually looks for opportunities to make improvements without incurring significantly greater c-)sts, The Driving Range has had difficulty operating a full day without gathering balls from the range. The planned purchase of additional balls this year will allow operation for more hours without having to pick up balls. However, at the Driving Range, balls must be picked up on a daily basis. Any balls left on the range after closing are subject to theft and vandalism. Vandals have thrown range balls through the Tennis Center windows in the past, so the focus is to ensure that, to the best of staff's ability, balls are never left on the range overnight. RANGE AND OPERA N _CONDITIONS: The combination of sand and clay may currently he out of proper proportion on the Driving Range tee-boxes. This situation would inhibit the ability of the tees to stand properly and needs to be corrected. In addition, the quality of fill dirt on the Range is substandard. These conditions would both take an unplanned financial investment to correct. Staff currently operates out of a leased trailer. The trailer h,s no running water or restroom facilities and severely detracts from the aesthetics at North Lakes Park. To upgrade the operation, a permanent structure would need to be built, again requiring a significant financial investment. STAIFE': The quality of golf instruction has been a :oncern in the past. This Spring session, staff was able to contract with Craig Walker as Golf Instructor. Craig is the assistant golf professional at Oakmont Country Club, played on a PGA-affiliated tour last year, and is a member of the Professional Golf Association. Unfortunately, Craig has recently left the City's employ because the hourly was*e was not sufficient to maintain a professional of his stature as instructor. A Golf Manager is currently un staff at the Driving Range. It may be very misleading to those who believe this individual is a fully- qualified golf manager of a facility. The position is actually a temporary/seasonal Activity Attendant, with the starting wage of $5 per hour. The title established fo: this individual may actually be an inadvertent misrepresentation to those who expect a fully functioning golf manager at the Dtiving Range, AgendaNo ~ ' Agendaltm - - [ate a 54 A Recognizing~tthat 1here are limitations in operating the Driving Range, staff has begun to look at other alternativ?s. Leasing the entire facility has been proposed as an option. Staff has been approached by local entities looking for the opportunity to upgrade and manage the facility through a privatization agreement. If this were pursued, the Department would look for a leasing organization that demonstrated sound financial management avid entrepreneurial experience, as well as a good understanding of the Golf industry. As a Request for Proposal is prepared, these are some of the qualities that would be outlined in the specifications. It is believed that an external entity with proper financial backing could ensure that needed improvements werc made to the Range and that a successful Driving Range operation could be a part of the North Lakes Park. y) y 1 1 I Hl. t r.T `}Ii+ifa lly} {I a {1++.. $'1 ~'i~'; t2+~1♦ il.ta I r i, + tit Tyr T~j$f,{#'''' ktr I~'._.Ttl$iiti$ zrr# ; ,2.21tITtC:TTIlISi ii:rllt al,., tit, C IT Y~ f~,ta _ Tyr 'COUNCIL' }x2; + r~.? it rrt 114 i + f4l ,1 }}r a 44 i 1 1 $$r T , x. mm IT Ma., I oaaooozv V o r o f ~J, r 3(}~t}}} a a ~ 1 NS41 'J4 ♦osV~ ; : }}710 1 ,t ;~a 1 l ,t; y, ` CITE a ,~i.t} 1+IL ;t~ + +1 f:~'~1at~F~1.;jIT rritTa 'if 1 Tt l tt~~t ,{'t#I~'. } ~4 1J ♦1 .iTlTtii'+t1T.al }aai i~i; r,f rll ?1 j, i 4g6ado No. WCX /o CITY ofDENTONt TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE (8VJ 566.8200 MEMORANDUM i DATE: June 10, 1993 TO: Mayor and City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PURCHASE OF MISSOURI PACIFIC RIGHT-OF-WAY FOR A RAILS- TO-TRAILS PROJECT i RECOMMENDATION: That City Council receive a briefing on the history of City , negotiations with Missouri Pacific Railroad for the the Missouri Pacific, Denton Branch right-of-way and details of the content of the proposed contract. ~Ry• I The City is in the process of negotiating a sales contract for the acquisition of approximately eight miles of railroad right-of-way under the terms of the National Trail Systems Act. The will allow the City of Denton to rail bank the right-of-way and use it as a pedestrian and bicycle trail during an interim period until such time that rail service can be feasibly reestablished. { MC1(G~ND . Upon learning that Missouri Pacific intended to abandon the railroad right-of-way, from Lake Dallas to Denton? City staff and the Chamber of Commerce Transportation Committee obtained a pledge from Missouri Pacific to negotiate the preservation of the railroad corridor, The negotiations have been on-going for over three years. Agee aI1e 4genda Item Purchase of Missouri Pacific Right-of-Way C d June 10, 1993 Page 2 On November 19, 1991, Council was briefed on the Missouri Pacific lease proposal in Executive Session. At that time several concerns were raised, all of which have now been settled in the City's favor. The right-of-way will now be purchased rather than leased. On March 25, 1992, Council approved a resolution authorizing the Mayor to petition the Interstate Commerce Commission for a { Certificate of Interim Trail Use. The negotiating period granted by the Interstate Commerce Commission to finalize a trail use agreement expired on October 29, 1992. The City and Missouri Pacific Railroad petitioned the Interstate Commerce commission for an extension of the negotiation period and were granted a July b, 1993 deadline. Issuance of an interim use certificate is predicated on the successful transfer of the property to the City of Denton. If the sale is unsuccessful, the right-of-way will be abandoned and lost to the adjactint property owners. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation will have responsibility for maintenance of the right-of-way and development of a trail once funds have been identified. Neighbors Improving the Community Environment (NICE) has expressed support for project because it will relieve Southeast Denton of a currently blighted area. The Denton Area Mountain Bike Club has also expressed an interest in assisting with the project. FISCAL IMPACT: The negotiated purchase price is $5,000, in addition to an annual use fee of $1,000, payable in arrears, for the first five years 1 the agreement. Maintenance costs are estimated at $13,500 annually for Class C, right-of-way mowing. Total value of the eight miles of right-of-way is estimated at $2,021,000. Revenue will be derived from the operating licenses and agreements pertaining to the use of the right-of-way. The estimated annual revenue is $50290. This amount will cover some of the associated maintenance expenses. I ti ApndaNo Agoda Ii~h Purchase of Missouri Pacific Right-of-Way Date -1 June 10, 1993 3 < B Page 3 Development of the trails project would include spreading and compacting of 5" of chat rock, restoring seven trestles, and signige. Funding for the development would be solicited from the Intermodal Surface Transportation and Efficiency Act and/or the City of Denton Capital improvement Proiram. i Prepared by: Rich Dlugas Director of Parks 6 Recreation Approved by: Llo d Harrell' City Manager Agemn No '-C? ZO ag,an~al(emC-~JS CITY OF DENTON lb ~ f 0 SUMMARY OF THE RAILS-TO-TRAILS ~J NEGOTIATIONS WITH MISSOURI PACIFIC RAILROAD In December 2989, City staff and members of the Chambor of Commerce Transportation Committee met with Dallas Area Rapid Transit (DART; and Missouri Pacific (MP) officials to discuss the future of the Missouri Pacific, Denton Branch right-of-way. The meeting was prompted by news that DART and MP were negotiating a long term option on the southern portion of the branch, from Frankford Road in Carrollton, TX to Lake Dallas, TX. In past action, DART acquired the southern-most portion of the rail-line, from Deny Junction in Dallas to Carrollton. The City's interest in the negotiations was the protection of the railroau corridor from the j northern end of the DART option (Lake Dallas) to Denton. II In August 19900 we net again with DART and MP whereupon we were f told that MP would not grant DART an additional option for the rest of the branch. Instead, MP informed us that they would petition the Interstate Commerce Commission (ICC) for abandonment of the line given the lack of any feasible economic use and the deteriorated condition of the track. However, MP agreed to give the City the opportunity to negotiate the acquisition and, or transfer of the right-of-way prior to submitting their petition to the ICC. Since that meeting, we have been working with Missouri Pacific to develop a method to protect the right-of-way for future use and prevent it from reverting back to the adjacent property owners, if abandonment is granted. The National Trail Systems federal law (Title 16, United States Code Service, S1247, (d) Railroad Right-of-Way) was developed by Congress to encourage railroads that are abandoning right-of-way to transfer it to state and local governments for recreational trail use. The law's intent is the preservation of existing linear right-of-way for potential reactivation as rail transportation corridors. Using this law, the City has requested the donation, forninterimetrailsuse,subjectotherwise, restoration railroad or reconstruction right-of-way of the rail-line for railroad purposes. Missouri Pacific responded by proposing a long-term lease. The City proposed purchasing the property instead of leasing it. The Missouri Pacific-City of Denton, Rail-Line Sales Contract ' contains the following major provisions: o The City will purchase the right-of-way for $5,000, and pay an additional annual use fee of $1,000 for the first five years. Fee payments will be made in arrears on the anniversary date of closing. keid3No -Oza ale^da Isom, Summary of Rails-to-Trails Negotiations Date Page 2 1 i o As per the National Trail Systems Act, MP retains the right to reactivate the right-of-way for rail service and car: 1 repurchase the line, for a sum not to exceed the total purchase price, plus accumulated usage fees paid by the City to MP up to the date the line is purchased by MP. MP will give 90 days prior written notice of its intent. 1{ 1 o The right-of-way will extend from milepost 721.53 (Denton, TX) to milepost 729.5 (Coors, Tx), a distance of approximately 8 miles. This leaves 5.5 miles between the end of the proposed lease and the DART option. MP uses the line to service the Coors Beer plant and will continue to do so. In the unlikely event that MP determines it should also abandon this track, they will consider entering into an additional rails-to-trails agreement to protect it. o Upon closing, MP will transfer the administration of all operating and licensa agreements pertaining to the right-of- way to the City of Denton. All revenue collected from the agreements will accrue to the City of Denton. o Upon approval of the abandonment, MP will remove the rail and cross ties, but leave bridges, culverts and ballast for the City to use in their trail. (Engineering conducted a walking inspection of the line and found all bridges to be sound.) o As per the rails-to-trails law, the City will assume sole responsibility for development of a public trail and will be responsible for operating and maintaining the trail. o If Missouri Pacific exercises its option to repurchase the right-of-way before ten years have passed, they will reimburse the City for trail development expenses, up to a maximum of $125,000. o The city will include the right-of-way under its liability self-insurance program and cover any liability that might arise out of the use or the construction of the trail. REVENUE FROM LICENSE AGRIE E TS The rail-line currently has Apvaral license agreements that permit other parties to use certain portions of the right-of-way. After a cursory review of the Denton Branch files, Missouri Pacific has identified 14 agreements: 8 pipeline crossings, 4 water-line crossings and 2 outdoor advertising leases. Annual revenue from the agreements is approximately $5,290 which will accrue to the City. Any new license agreements after approval of the lease would be allowed at the City's discretion. I ~s~daNo '-aZl~ Ape^C&!fBm }~4'' cote lS-_ Summary of Rails-to-Trails Negotiations Date Page 3 AD-VALOREM TAX EXEMPTIONS I Because the right-of-way will convert to public property, it will be exempt from ad-valorem property taxes. Four jurisdictions other than the City have the right-of-way as part of their ad valorem roll. The Denton Central Appraisal District provided the following information on the current tax payments to taxing jurisdictions: DENTON I.S.D. $3,800 DENTON COUNTY 20300 LAKE DALLAS SCHOOLS 900 CITY OF DENTON 660 CITY OF CORINTH 30 TOTAL PAYMENTS: $8,160 These jurisdictions will lose this revenue. TRAILS VELOPMENT The feasibility of developing a public trail has been examined by an in-house task force. The group includes representatives from the Parks and Recreation Department, Engineering, Planning, and the City Managers Office. After several meetings and a thorough review of the materials, the task force agrees on several issues. The first is that the City should protect the right-of-way for future transit purposes. Since the right-of-way is intact and in good legal standing, the City should maintain it. If t,e rail-line is abandoned and the reversionary land allowed to go back to the adjacent property owners, future rail-link opportunities to Denton will be lost. The cost of reassembling this type of right-of-way (using current average values of adjacent tracts) is $2 million. The second issue is that development costs should be sought from the federal and state government. Development of pedestrian and bicycle trails has been identified as eligible for federal funding under the Intermodal Surface Transportation Efficiency Act of 1991. The city should actively pursue those funds to develop a trail. Until funding is identified and received, the trail should only incur maintenance expenses. The third is that development costs be kept minimal given the ' desired ambience of a nature trail In past discussions with Council, concern was expressed over the potential loss of capital investment if MP exercises its option to repurchase the property. Missouri Pacific has pledged to reimburse the City for development 12, AQendaNO Agendaltem3~L_~a.77 Summary of Rails-to-Trails Negotiations Date_ a bate Page 4 costs, up to a maximum of $125,000 if they repurchase the property prior to ten years from closing. An evaluation of the physical condition of the track revealed the trestles to be in good shape and in need of only minor maintenance. Trestles (bridges) would be strengthened, decked, and given railings to make them safe for pedestrians and bicyclists. The trail itself would be developed by adding and compacting additional material onto the ballast to produce a smoother, all-weather surface. As a final point, staff will explore any and all options that may loser the a.)sts of developing and maintaining a public trail. This includes getting local bicycle clubs and environmental groups involved in assisting in the development of the trail, as well as litter clean-up and maintenance. i { r i i 1 i 1 4~ ' _ = N N 'i x C * ~Z U i ¢ _ L DR N E ~ 7 • i i ' CROSS RD m ` s °c • ° ` u ` ROADS a o LN I o Q W O 0 J P r x W ° " ° w ° ° START' OF LINE (DENTON) Ownership; Union Pacific Railroad Company ti In Rail line: Nissouri Pacific, Denton Subdivision (former MKT) I a IRO W ° W RD W' IvfLV Ro ` i ° SHADY SH LoN rE r~ R ix e S VAN aO ► fI'l'~'tII p~-C`v n Wlt N PL. ~l, LM : "5 O w li lA no ¢ CREEK RO CORINTH I,{t ' ~1C` "`~~S ° N 's ~ ~rQCF .~1` r~r e' ~t~ s x AO 'r EW I HICKORY LAKI I w# n v .,.f $ ARGYLE HILL RD O CREEK I DALLAI y~ I ~ C d x Hil IN r Ro ; g ~1~ x, ` s , SI. ° PD , J ANYE W J s 1 Li c " ALE P0" I[ )RRAL W PD : : IGHLAND +d►,0 O :ITY • - u € i AGE s C ONYo U M 0tH LN x I RO c , i DAM W yARTONVILLE a A _._,_,-*-i Po FLOWER c ` 0 MOUND _ A, RD, ~n D s a {y rrnirn x M N y i gA.7 d _ LEWISVIILE i g F 3 W L }'~y~ti ao °I CARROL► ON • x I PD ° o ] V s s e : o MfD PO C~ " ORD FOPp 1w i OcR kF -Z--~ >R WWLA °'i x O i , nn nc' rviu ire. taanv e oUTHLAKE _~OPPEI I t t - ' i r~i I # , 14 CCITY4 'T. COUNCIL., 1 7} f t r } 21 12T -IT ~11 MT- i T1, MIT IiI.I.- 71 t: ff= aooaoao o~ ~o 1Tr ti 1 ts; d ~n r o ♦lL, 11 t.l .,~~J 1. 4: ; 3 .:.~,tt ,r,ti~ , ,,irs tt43~t :•t+s~t,r A"I DAT ~ g CITY COUNCIL REPORT FORMAT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: RELEASE OF ET,7 AREA TO ARGYLE AND BARTONVILLE RECOMMENDATION: Staff recommends that the City of Denton hold its current position with regard to the release of ETJ area to Argyle and Bartonville. SUMMARY: In February 1990 City Council agreed to release an area located in Denton's extraterritorial jurisdiction (shown on attachment #l) to Argyle and Bartonville providing that both cities finalize an agreement as to how the area is to be apportioned. Since that time the two cities have been working towards establishing an agreement line. The Town of Bartonville's position as explained by Mayor Adolf Andrzejewski is to annex Mr. Leesley's property which includes the Double L Store located at the corner of FM 1830 and FM 407 (shown on attachment N2). The City of Argyle is concerned about splitting the Stoneridge neighborhood and Mayor Jenkins has expressed the desire to work with the residents in the apportionment of the area. At a meeting held on May 25, 1993 at the Argyle City Hall, Bartonville's Mayor reiterated their earlier proposal to apportion the area along the rear property line, east of and parallel to Stoneridge Road as shown on Attachment 02. In discussing that proposal the City of Argyle agreed to invite all the property owners to another meeting scheduled for June 8, 1993. At that meeting the residents explained that they wished to remain in Denton's ETJ and that they "do not want to be in sartonvile's city limits or ETJ." Mayor Jenkins told the residents that the Argyle's City Council will place the issue for consideration on its July agenda. Staff will continue to follow up and work with the residents and both cities. ~endaNo q Agvdaltem We Lj 5t 13 PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: ! Not Applicable FISCAL IMPACT: Not applicable ly submit ~u Re T*v rrell Prepared by: LlHa l City Manager 4 Q.1~.~ rV e41<tttA, _ Harry N Persaud, AICP senior Planner ApR o4bin a Frank , AICP Executive Direc or Planning and Development I Attachment #1: Map showing area located in Denton's ETJ. Attachment #2: Map showing proposed apportionment line. 1 y' 1 ATTACHMENT 1 SHOW JNWAREA REQUEST' BARTONVILLE ,,tGYL,E 'sqp No Aga aISEOt~~1 N104 6.7:-L5 i W ' OLD ALTC"J( l& ~HICKORT ILI 41- AREA R QUESTED xl~o SCALE 16•:000 • NORTH apendaNo. q ATTACHMENT z AQe~lde{tem ~C~~Q ~1 Data. l f ARM 1 \ t'a. t ►OI Lot ~y ''1.«F•hI: " LA4 w e •~T yak ' I1 LI f 1 (1. :map r 'to AAA `fa IoM nE~T~'S 5TH ! i' 6ARTOmvk f PO In F~ r.. a'1 ~e!i41:4i_4~ .ti~f.2f i'~ ~ I ~ ~ el' • / 1 . 1 4oend# Nb agendaUern L~J-SG-~y_ Q3 It 5 CITY ofDENTON, TEXAS 215E.McKINNEY/DrNTON,TEXAS 7620f/TELEPHONE (817)566.8200 February 26, 1990 j Mr. Norm Thomas Mayor, City of Argyle P. 0. Box 103S Argyle, TX 76220 Dear Mayor Thomas: Please refer to your letter dated January 31, 1990 with respect to an area located on the southwest corner of FM 407 and FM 1830 ciirrently in l7enton's extraterritr,rial jurisdiction, We are pleased to inform you that the City of Denton wound agree to release this area from its ext►aterritorial jurisdiction authority, if the City of Argy:, and the City of bartonville can finalize a common agreement with regards to that area, if you have any further questions, please feel free to contact me at 566-835o. Sincerely, Frank Ilbins AICP Executive Director Planning and Development - dw xc: Lloyd Harrell City Manager 2152x/2 Agenda No =1~ Ag8nd3lten 6 8 CITY of DENTON, TEXAS 215E. McKINNEYI DENTON, TEXAS 762011 TELEPHONE (817) 566.8200 February 26, 1990 Ms. Kathy Carrington Mayor, City of Bartonville 1941 E. Jeter (toad Bartonville, TX 76226 Dear Mayor Carrington: Please refer to your letter dated February 16, 1990 with respect to an area located on the southwest corner of FM 407 and FM 1830 currently in Denton's extraterritorial jurisdiction. We are pleased to inform you that the City of Denton would agree to release this area from its extraterritorial jurisdiction authority, if the City of Argyle and the City of Bartonv111e can finalize a common agreement with regards to that area. I[ you have any further questions, please feel free to contact we at 566.8350. Sincerely, A I C P rank 11, llob lixecutivo Director Planning and Development dw xc; Lloyd Harrell City Manager 2152x r . i +uu~ca ~crn._3 City of Denton City Council Minutes 9 7 February 20, 1990 Page 17 Svehla continued that the report contained two suggestions - one was the locally preferred option which was M1. The second suggestion was the technically preferred option which was M5 as it cost the least. The consultant asked the Task Force to present the preliminary report to their respective Councils and ask for comments so that the comments could be included in the final report which would be submitted to the Highway Department. Mayor Stephens stated that in the discussions with the City Manager, Deputy City Manager, and Denton representatives, tho first priority was that the road be built. The second priority would be to shape the project so that it would fit the needs of Denton's citizens. Consensus of the Council was that the first priority was to have the road built and that the preferred route would be Ma. The Council considered Work Session Item 03. 3. The Council held a discussion and considered giving staff direction regarding the ETJ boundary along Hickory Hill Road, m Harry P6rsuad, Senior Planner, stated that two issues had come to light recently regarding Denton's ETJ in the south and along Hickory Hill Road. Copper Canyon had interest in the development of lands located in Denton's ETJ north of Hickory Hill Road. They had suggested a possibility for an agreement line along Hill Top Road. Staff had reviewed the area and had determined that the current appraised value of properties in that area to be approximately $2.58 million and vacant land, currently under an agriculture exemption had an appraised value of $0,61 million. Hickory Hill Road was a strategic east-west arterial which provided an easy discernible ETJ line to the south of Denton, Staff was recommending the denial of Copper Caiyon's request to release that portion of Denton's ETJ. Alexander motioned. McAdams seconded to communicate to Copper Canyon that their request to release a portion of Denton's ETJ was denied. On roll vote, McAdams "aye," Alexander "aye," Hopkins mays," Gorton "aye," Ayer "aye," Boyd "aye," and Mayor Stephens mays." Motion carried unanimously. r The -second issue involved the cities of Argyle and Bartonville 1 with a joint interest in an area on the southwest corner of FMIS30 and PM407 located in Denton's ETJ. Argyle had informr,d the City that they and Bartonville were in the process of negotiating a line between the two cities. The area was north of and contiguous to Bartonville city limits and east of and contiguous to Argyle city limits. Staff recommendation was W_ -WWq1V AenOaNo City of Denton City Council Minutes AgOrtQe tensc-a February 20. 1990 Nte_6-, Page is fostT that Bartonville and Argyle work out an agreement line and when negotiations were completed, Denton would release the area based on that line. Consensus of the Council was that Denton would release the area only after an agreement had been reached between Argyle and Bartonville. The Council considered Work Session Item M4. 4. The Council received a report and considered giving staff direction regarding proposed amendments to drainage requirements and design standards. Jerry Clack, City Engineer, stated that the issue was actg nally approved by the voters in 1986 as part of the Master Dtainage Plan. The previous regulations were based on data from 1979 and the existing design manual was from 1975, A good deal of the information was out-of-date, not specific and needed modernization. Clark reviewed a comparison chart of the current regulations and proposed regulations. (Attachment A) Clack continued that a. positive direction was taken toward the preservation of natural habitats and credit for pervious areas. The new regulations would place a very stronq emphasis on making sure mayor creeks such as Pecan, Cooper, and Hickory stayed natural. He asked Council to consider placing the it*% as a public hearing on the Match 12th agenda. Consensus of Council was to place the item on the batch 12, 1990 agenda as a public hearing. The Council returned to the regular agenda order. 9. The Council convened into the Executive session to discuss legal matters (considered action in Denton County vs 9,y and In Rai Flow), real estate (discussed a potential land acquisition for city space needs), and pecsonnel/board appointments (considered appointments to the Building Code Board and the Airport Advisory Board). The Council convened into open session and took the following action: . A. Boyd motioned, Gorton seconded to appoint Ed Owens to the Building Code Board. Motion carried unanimously. w - y , t$ 1~I i 2$a±aL2 14 Orr'# # 1t: c +4 ~;i 1 1 k. 4.1 C ITX t , COUNCIL,: t ' 31+~ 1: 1 3f 1 4. l~ #a ~11 1+j T. 1 ]F 1 i t of o i,jp0000 1$ up ~ i ~ ..fit{1'. c ~ t~ , o ~11{{77O~ Rt .4ir ,1~I ,a JJ t O f r 4 :1_ a r• 4,4 r 1 J .i~}l 1 311 ,1 ♦ iy*yi}l~~ ,t Ilt iii?-` # s tsI { ~ Ja a ` ♦I .1. i4. u.l♦ .l. 'Ilk ?,3 -jQo240 Ag"da [t- oete.~f~ ' S ~n y OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Honorable Mayor and Members of the city council FROM: Debra A. Drayovitch, City Attorney SUBJECT: Qualifications for Board and Commission Members DATE: June 9, 1993 Pursuant to your request of 3une 1, 1993, actached please find a copy of the City Code provisions relating to qualifications for membership to City boards and commissions. The City Charter also contains a requirement that members of boards or commissions which have final decision making authority, as officers of the City, cannot enter into a contract with the city for the sale or purchase of goods, services, or property. The ordinance provisions may be amended or deleted, should you so desire. If you should have any questions in this regard, please do not hesitate to call. Respectfully submitted, J Q( De gra A. Drayov DADijs Attachment pc: Lloyd V. Harrell. City Manager 'Ordicutrd to Quality Savirt' apenaaNo 3 AponCelle W ADMINISTRATION 4 2 '7 ARTICLE 111. BOARDS, COMMISSIONS AND COMMITTEES$ DIVISION 1, GENERALLY Secs. 2.46-2-60. Reserved. DMSION 2, QUALIFICATIONS FOR MEMBERS Sec, 2.61, Requirements generally. Each member of a board or commission, In addition to qualifications prescribed by federal or state law or ordinance, shall be a qualified voter of the city and shall not be in arrears In the payment of any taxes or other liabilities due the city, (Code 1966, 1 1.21(a)) Sec. 2.62, Conflict of interest. No member of a board or commission of the city that has final decision-making authority shall have a financial interest, direct or indirect, in any contract with the city or be financially interested, directly or Indirectly, in the sale to or by the city of any land, materials, supplies or services. For purposes of this section, boards and con miesions which have final decision. making authority include but are not limited to the planning and toning commission, the board of adjustment, civil service commission and the building code board. (Code 1966, 1 1.22) Charter reference--Personal interest of officers and employees, 1 14.04. State law reference-Conflict of Interest, V.T.C.A., Local Government Code 1171.001 et seq. Sec. 2.89. Removal from office, Should a board or commission member cease to meet the qualifications prescribed in section 2.61 or 2.62, if applicable, or should such member be convicted of a felony during his term of service, such failure or conviction, as the case may be, shall be cause fr • removal, (Code 1966, 11.23) 'Charier reference-Hoards and commissions, 1 14,16. Cross references-Library board, 12.176 et seq.; downtown development advisory board, 1 2.211 et seq.; beautification advisory commission, 12.241 et seq.; airport advisory board, 4 3.2; animal shelter advisory committee, 9 6.5 et seq,; cable TV advisory board, 111 8.130; human services committee, 111-61 et seq.; park and recreation board, 4 22.1; building code board, 9 28.41 et eeq ; electrical code board, 1 28.96 et seq.; plumbing and mechanical code board, if 28.166 et seq, 28.271 et seq ; development review committee, 134-6; board of adjustment, 35.41 et seq.; historic landmark commission, 1 35.236 et seq. Supp. No. 1 162.1 aoenda Iter~.C-~ ADMINISTRATION ~ Wt __6 -1 4 2 !591V~4/ .S ec. 2.64, Exceptions. The provisions of this article shall not apply to task forces, ad hoc committees or other commissions established by the city council from time to time to make recommendations with respect to a particular subject or issue and which are not intended to be prmanent in nature. (Code 1966, 11.24) e Seca. 2.65-2.80, Reserved, r DIVISION 2, RULES AND PROCEDURES Sec. 2.81. Definition, The word "board," "boards," "commission„ Or „Cemmi88lehe," as used in this division, shall he construed to mean any managerial, administrative or quasi-judicial body of persons which has an advisory or deliberative character and whose members are appointod by or serve at the pleasure of the city council, (Code 1966, 1 1.42) Cross reference-Definitions and rules of construction generally, 4 1.2. Sec. 2.82. Applicability, The provisions of this division shall govern and control the rules, procedurei and opera- tion of all boards and the removal of members thereof; provided, however, wherever any provision of the state constitution, state statutes, the Charter or a city ordinance conflicts or Is Inconsistent with any provision of this division, the conflicting or inconsistent provision of this division shall not be applicable, (Code 1966, 1 1.43) See 4.83. General rules. (a) 4uaium. A quorum for the transaction of busineae of a board shall be a majority of the members appointed to the board, (b) Voting required, No attending member of a board shall be excused or shall abstain from voting on any matter before the board on which a vote Is called or required, except where a board member's personal interest Is involved, Where such member's personal interest is Involved, such member shall announce such interest ut the commencement of consideration of the matter and such membershall not enter into discussion ordebate on such matterand shall abstain from voting thereon. A member shall be considered to have a personal interest In a matter whenever any matter before the board could or does affect the member's financial interest or thoaa of a business with which the member is asw.viated. Charter reference-Personal Interest, 4 14,04. (c) Absences, Every board member shall attend all regularly called and scheduled meet. Ingo of the board of which he is a member. The unexcused absence of any board member from more than three (3) regularly called and scheduled meetings of the board of which he is a 163 AaondaNo if 2.83 DENTON CODE Agenda I100LLt~~S_#5 Date member in any one 11) year or lack of attendance at fifty 1501 D y meetings in a year, unless such absence is the result of personal or family Illneeaoor death, at shall be considere,l "cause," as that term is used in section 14.16 of the Charter, for removal of the member by the city council from such board. (Code 1966, 4 1.441 Sees, 2.84-2.106, Reserved, r ARTICLE IV, SALE OF PROPERTY' I DIVISION 1. GENERALLY Sec. 2.108. Sales of personal property of the city. AP sales of worn-out, scrap, obsolete or unused personal property of the city shall be approved by the city council according to the probable value of such personal property as estimated by the city manager, (Code 1966, 120.1) Sec. 2.107, Impounded property. (a) Authority to sell. If any impounded property remains unclaimed with the city for a period of thirty (30) days, whether or not the owner or benholder 13 known, the city may utilize such property or it may be sold by the city In the manner provided by this section. Items of personal property, the sale of which is restricted by Vernon's Ann. C.C.P. art. 18.01 et soq,, are not subject to th) provisions of this section. (b) Method of Bale, All sales of Impounded property shall be by public auction and sold to the highest bidder, The director of purchasing shall conduct such auction sales, and if, in the opinion of the director of purchasing, the highest bid on a particular item is not sufficient, he may refuse the bid and hold the item for We at another tin-,a, (c) Time and place of sale, notice. After determining tl.a time and place for a public auction, the director of purchasing shall give notice of the auction by: (1) Advertising lr: the official newspaper of the city for three 13) consecutive days, the last publication date to be not lose than seven (7) days immediately before the date of the auction; and (2) Posting notice of such auction We in three (3) public places within the city not less than seven (7) days immediately preceding the We. The notice of the public auction shall contain the exact time and place of the auction and a description list of the property to be sold, 'Cross reference-Finance and taxation generally, Ch, 10. State law reference-Sale or lease of municipally owned property, V.T.C,A., Local Gov- ernment Code 11 261001 et seq. 164 `i „lc {.~i ~C T T Ti[fl }hItf}}t ~ ri, , COUNCIL= t1 i ~t f ~ U G~000 P Q00 ~O^, 1 R R4Z r, ................::t:,. its,;:....:;;. , AwlNa..,p3 - 0.?0 Date CITY OF DENTON CITY COUNCIL MINUTES IO ff] May 11, 1993 The Council convened into a Special Call Meeting at 5:15 p.m, in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: None 1. The Council convened into the Executive Session to discuss the following: I I A. Legal matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. I 1. Considered settlement offer in Gamble vs. City of Denton. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. The Council considered adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (Bid 11493) Lloyd Harrell, City Manager, stated that this item was on the Consent Agenda for Council consideration at the last meeting. The item was not considered as staff wanted to brief the Public Utilities Board which recommended approval to Council. Jim Harder, Director of Electric Utilities, stated that the State Highway Department had approved the widening of Teasley Lane at a late date as far as the planning process for utilities. The elActric utility was not able to get funding for underground construction in the 1993 CIP. After the Utility Department had learned of the approval of the project, it developed a plan to put the existing electric lines underground and to relocate the existing sanitary sewer force mains and the large water mains from under the existing pavement. The project was delayed because the electric portion had not been funded in the CIP. The Public Utilities Board recommended a modification of the 1993 CIP in which the electric portion would be funded from bond funds. A major benefit of the project was that it would be completed at one time instead of doing the water and then the sewer. venoa Nu a~ +aand2~tem_Cw City of Denton City Council Minutes wr 6-/ -9 May ii, 1993 i Page 2 The following ordinance was considered: NO. 93-078 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORNS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. I Miller motioned, Smith seconded to adopt the ordinance. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayer Castleberry "aye". Motion carried unanimously. 3. The Council received a report and held a discussion regarding a proposed ordinance amending the loading zone ordinance and gave staff direction. Jerry Clark, City Engineer, stated that loading zones were one of the issues in the Denton Main Street Parking Survey. The survey indicated the only interest in loading zones came from individuals who currently had such zones. Two types of zones were proposed for the Square. One was a central type zone which was located in the middle of a block and was available for use by all with no fee. The second was a small zone for specific businesses. After discussion with the businesses on the square, it was determined that the central zones would not be appropriate due to the varied uses, types of loading vehicles used and times of use of the loading zones. The next step was to identify a type of zone which would apply to all of the businesses and types of usage. It was determined that a two step approach would work best with some general loading zones plus specific zones. With the specific zones, loading zone owners would be able to park their private or commercial vehicle in the loading zone between deliveries. Those vehicles would be identified with a mirror tag. Loading zones were evaluated each year by the Citizens Traffic Safety Support Commission for appropriateness and level of activity. Council Member Niller asked for the penalty for violation of loading zone parking. Debra Drayovitch, City Attorney, replied that the vehicle may or may not be towed and would be issued a citation. Clark stated that signs could be changed to add the towing provision. ~gendeNo r Uganda Item/I -Tilt City of Denton city council Minutes 3 + May 11, 199'3 Page 3 Council Member Miller asked about the provision allowing a customer to use the loading zone. Clark replied that an example would be at Thomas Furniture. rf a customer were to use a loading zone, it would !,e the one at the front of the store. Council Member miller stated that it was not intended to have a customer use a restricted zone. Clark raplied that if a customer did use a restricted zone, it j would be for a short period of time. A violator of a loading zone would be an individual who parked his vehicle in the zone for a Iona pariod of time as opposed to a customer using the zone for a short period of time. Rick Svehla, Deputy City Manager, stated that it would be the job of the enforcement people to monitor vehicles in the zones. An { unmarked vehicle in the zone for a long period of time would be ticketed. The specific zones would have registered vehicles which would be allowed in the zones. Council Member Miller asked if the proposed ordinance applied only to the Square or to all areas of the city, Svehla replied that it would apply to the entire city. Council Member Chew asked if there had beer any input re4)arding the proposed ordinance from anyone other than businesses on the Square as !t applied to the entire City. Clark replied that notices had been sent to all current businesses with a loading zone. One of the businesses off the Square had provided some general comments and did not indicate a problem with the proposed ordinance. Mayor Castleberry asked if signs should be required for the vehicles. He did not feel the mirror tag would be effective. Svehla replied that some type of magnetic sign could be required and language for such included in the proposed ordinance. Council Member Brock asked if the mirror tag would identify a particular vehicle such as the license number of the vehicle on the tag. I i Agendahia -p s~_ A9andelteml~ City of Denton City Council Minutes Date May 11, 1993 Page 4 Clark replied no that the system was designed so that the tag could be moved to a different vehicle if necessary. There would be only one tagged vehicle in the zone at a time so that if a different vehicle were used, the tag could be changed to that vehicle allowing for correct operation of the vehicle in the zone. i council Member Brock expressed concern regarding the reduction of the amount of parking available on the Square and the possibility of the loading zones becoming paid parking spaces. Clark replied that the Traffic Safety commission was very diligent regarding enforcement of the zones and was very aware of the potential abuse of the spaces. Council Member Miller asked how many additional loading zones would be created with the proposed ordinance. Clark replied that there woull be no new loading zones. Council Member Smith asked how many paid loading zones were currently on the square. Clark replied that all of the zones used to be paid zones. Revenues had not been collected for several years during this evaluation process. Council Member Smith asked if the need for the proposed ordinance was for enforcement reasons. Clark replied that the existing ordinance lacked specificity in several areas and made enforcement difficult. Svehla stated that with the current ordinance, the loading zone was a paid zone in which a vehicle with some type of designation could be parked there. Mayor Castleberry stated that the current ordinance required some type of sign on the vehicle. Svehla replied correct. Council Member Perry felt there would not be a problem requiring some type of sign on the vehicle which would be allowed in the zone. ~UundtNo 0008 116 3 City of Denton City Council Minutes o- _3 May 11, 1991 5+ 1 Page 5 III ffff Bill Thomas, Thomas Furniture, stated that no one had a problem with the current ordinance. However, the proposed ordinance provided better enforcement. City Manager Harrell stated that the proposed ordinance gave option for a general loading zone which could be used by anyonetat certain strategic points. If the Council did not pursue that option, there might be the potential for more loading zone requests. Clark indicated that the proposed ordinance also specified lengths for the loading zones and updated the language in the ordinance. Mayor Castleberry asked if there were currently any general loading zones. Clark replied no that the City was not authorized at this time to provide general loading zones. Council Member Smith suggested amending the current ordinance to provide for mirror tags and some type of sign on the side of permitted vehicles. council Member Miller expressed concern in not accepting the recommendations of the advisory committee which had studied the issue in detail. He suggested trying a general loading zone concept in order to facilitate customers on the Square. Council Member Perry suggested incorporating the dimensions loading zones in any ordinance the Council would consider. of the Council Member Smith restated her suggested of enforcing the current ordinance adding the mirror tage, signage on the side of permitted vehicles and related dimensions and fees for the zones. Council ordinanceQbrought the ordinance the changes to the proposed the current ordinance. Clark suggested removing the general loading zones from the proposed ordinance if Council did not like that option and consider the other portions of the proposed ordinance. Mayor Castleberry asked for a further definition of the general loading zones. Svehla replied that the general zones were established without a fee. A number of businesses needed a zone, did not have any of I 1 ~pe~daN0Agendake, City of Denton City Council Minutes fklf9 " 5' May 11, 1993 Page 6 C 1 their own delivery vehicles but had customers who needed some type of loading zone for delivery or pickup. One or two of those zones _ could he located around the square to allow more than one business to use the zone. Using general zones might allow the elimination of some specific loading zones. With the specific luading zones, a business could purchase a zone and use it for loading, unloading and parking of their delivery vehicle. Council Member Perry expressed concern that a general loading zone might take away needed parking spaces on the Square. Clark indicated that the Traffic Safety Commission would evaluate all of the current loading zones and no new zones were being proposed. Smith motioned, Perry seconded to direct staff draft an ordinance following the proposed ordinance with the exception of general loading zones including in the ordinance signage on vehicles and a definition of loading and unloading. on roll vote, Brock "nay", Cott "aye", Miller "nay", Smith "aye", Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote, 4. The council received a report and held a discussion regarding a proposed Juvenile Diversion Task Force and gave staff direction. Harlan Jefferson, Director of Treasury Operations, stated that Council had directed staff to develop a Juvenile Diversion Task Force. The first step was to develop a charge to assure that it would focus on the concerns of the City Council. The Task Force would determine if a diversion program was appropriate and feasible for the City with either a one dimensional program where the Municipal Judge would sentence the juvenile to perform community services or a teen court. If the diversion program was appropriate and feasible, recommendations would be made regarding the following: (1) goals of the diversion program including reduction in the number of juvenile offenders, development of a healthy attitude among juveniles toward authority, involvement of the community in addressing the problems of juvenile offenders; (2) format of the diversion program including makeup of the board, meeting place, screening criteria, role of participants, evaluation of the program an9 adult and youth volunteer recruitment; (3) public relations strategy including speaker bureau, continuous recruitment in anticipation of turnover, and recognition program; i4n)canticipated list off action steps pintsequential 1 ordera time frame schedule various action steps, periodic evaluation and updates to City Council. The second major issue regarding the formulation of the agrrid?No. ~Q Agenda+tDm City of Denton City Council Minutes May 11, 1993 Page 7 task force was the selection of its members. A po^sible ma}.eup of members included a member from ;he Parent/Teacher Association, Chamber of commerce groups, Denton Count Dentn Independent School District civic Municipal Judge's Office, City's Finance Department, City Attorneyls Office, Police Department, community-based organizations and a student from the Denton Independent School District. Council member chow suggested representation from the NAACP, LULAC, and the County Juvenile Probation Department, particularly Peggy Fox. Council Member Perry suggested that the Task Force look at the county Justice Plan and related diversion program. Council Member Miller suggested adding a member from the Denton County Bar Association. Council Member Smith suggested having a member from the Denton / Independent School District Advisory Board. I Council Member Brock asked how civic groups and community-based groups were defined. Jefferson replied that civic groups would i+,.,ludo the Lions Clubs, Kiwanis, etc, Community-based groups were volunteer service groups. Council Member Brock suggested a member from the Concerned Parents Organization which was active in disciplinary actions of the School District. Jefferson stated that the Court had received the backlog cases rrom the Police Department which were in excess of 30 cases. The prosecutor was reviewing the cases to make a determination of which cases should be processed. 5. The Council received a report and held a discussion regarding 1 the Landscape and Tree Preservation Ordinance and its enforcement and gave staff direction. Frank Robbins, L~ecutive Dire.-tor of Planning, stated that concerns had been raised regarding the removal of a tree next to the Genetics Laboratory on McKinney. There were a number of ,ituations. in which the tree protection provisions of the ord'.nance applied which Robbins detailed from agenda backup. agQ~~p~ N~~ ~ 020 A~eniakt14.n City of Denton City Counc May 11 it Minutes Y , 1993 Page a City Manager Harrell stated that with single family residential , lots there was a different degree of review process. It was not as detailed as with other zoning classifications. Robbins replied that was correct. He reviewed the provisions of the tree preservation ordinance as it related to permit requirements and procedures. In the case of the oak tree removed on McKinney, the tree was located in the building footprint. Staff had been reviewing the building plans and were preparing to issue the building permit for the entire construction including the landscaping plan when the tree was cut down. The building permit had not been issued to remove that tree. Staff knew, approximately one week before the tree was removed, that removal would be approved and had communicated such to the developer. Technically it was a violation of the ordinance as there was no permit issued but staff had communicated and was in a position to issue the ilding permit. Council Member Miller asked if staff reminded the developer that a permit was requited when verbal approval was given to remove the tree. Robbins replied yes but that the machine operator had not received the instructions to obtain a permit before removal. Council Member Brock asked if the tree removal permit required a designation of the size of the tree to be removed. Robbins replied that it was not specifically required but the information was usually included. In the case of the tree on McKinney, the size of the tree was not known. Council Member Brock asked if staff went out to the site to inspect the tree to be removed. Owen Yost, Urban Planner, stated staff usually reviewed the tree to be removed. Robbins stated that there were some tree protection provisions and ! landscaping provisions added to the zoning case which protected some trees. When a tree was in the middle of a lot, an attempt j could be m to try and save the tree but there would be constructs ivity proceeding around the tree. Sometimes it was difficult 1 ~:otect the drip line during construction. Council Member Brock asked if tree preservation was not feasible. Apenda No . 3 Agendallem Date Cq( 0 City of Denton City Council Minutes p May 11, 1993 Page 9 Robbins replied that usually the protected tree was toward the street and not in the area where the construction was taking place. City Manager Harrell asked Robbins to detail the landscaping which was required for the development. Robbins stated that some ordinances had a replacement requirement. Denton's ordinance did not require replacement but required certain number of trees be planted in the streetyard. He detailed on an overhead the location of the new trees and presented other developments indicating protected trees which would be removed and protected trees which would be saved. He indicated that staff was not making a recommendation concerning tree removal. Council might want to hold a public hearing on the issue or may want to have the Planning and Zoning Commission review the issue before giving staff direction. Council Member Brock question:•d whether or not to keep the tree preservation ordinance and if so, should it be enforced more aggressively. In the case of the tree on McKinney, she felt that a reasonable effort had not been made to avoid removal of the tree. Rob Rayner stated that the day the tree was to be removed, a permit was going to be requested. The machine operator had acted before the permit could be obtained. There were specific guidelines regarding the construction of the building and were not allowed F alternative designs to possibly accommodate the tree. He felt that the tree preservation ordinance was a good ordinance and felt that other developers thought that the ordinance worked well. Council Member Smith asked if there were any successes where the tree preservation worked in saving trees. Robbins reviewed several developments in which trees were saved during construction. Council Member Perry felt that the ordinance was working well but would not object to reviewing the provisions if the council wished to do so. Council Member Miller felt that the ordinance was good and based on experience might look at the provisions in terms of were there any limitations in the ordinance. Mayor Castleberry stated that there were many more pluses than minuses as a result of the ordinance. He felt that staff had done a good job in retaining valuable trees. Agendaflem a bete .~Z City of Denton City Council Minutes May il, 1993 Page 10 6. The Council received a report and held a discussion on the draft Annexation Policy Plan and gave staff direction. Harry Persaud, Senior Planner, stated that the Annexation Policy Plan was intended to provide a procedural and analytical framework to guide informed decision making with regard to annexation, city limits, and extraterritorial jurisdiction issues. The policies covered a side range of issues including City limits and ETJ boundaries, reasons for annexation, need for a service plan, annexation process, release of land in the ETJ and the creation of special districts. The City had an extraterritorial jurisdiction of three and one half miles from the corporate city limits. it was surrounded by at least fifteen municipalities with population varying between 250 to 7,900. Questions and issues raised by lando,emersI developers, and municipalities with regard to annexation, city limits, and ETJ had increased significantly over the years. The annexation of a tract of land into the City had to comply with local, state and federal regulations. The integration of these requirements resulted in a complex procedure to be followed by the City in the annexation process. All of the processes and regulations regarding annexation were included in one document, the Annexation Policy Plan, which set up a framework in dealing with annexations. Reasons for annexation included (1) expanding the current tax base for ad valorem and sales tax, (2) extending zoning, land subdivision control and code enforcement to a specific area (3) providing municipal services to specific areas in the ETJ and (4) providing recognizable boundaries to the incorporated area of ETJ of the city. Council Member Cott asked if most of the area annexed by the City was form land with a low ad valorem tax base. G Porsaud replied correct as most of the land annexed was in the ETJ which usually had sparse development. Most annexation requests were from developers which had a potential tax base. City Manager Harrill stated that the practice in the past had been that there was an ETJ area which no one could annex except for the Cit of Denton. Annexation in those areas would not be initiated until the property started to develop. Persuad stated that another policy the plan was proposing stated that when defining Denton's ETJ and corporate city limits, every effort would be made to identify physical boundaries which were easily discernible on ground such as road, creeks, and railroads. The Local Government Cede required that a service plan be prepared as part of the annexation ordinance. The Plan indicated that a y Nenda k Agendallem~ City of Denton City Council Minutes DP~9 iI'j F May 11, 1993 Page 11 1 service plan should summarize the service extension policies of the city and define the level of full municipal services to be provided to the area to be annexed. The costs of full municipal services should be weighed against the benefits of the regulatory authority gained by annexation and the revenues to be generated from the area proposed for annexation. In dealing with apportionment of ETJ, the policy proposed that the city would consider a request by another municipality or a land owner to initiate actions to establish a joint ETJ apportionment agreement with regards to the subject tract. The Plan stated that Denton should retain control of all areas in its ETJ unless there were compelling reasons to release land to other municipalities and detailed criteria for consideration of land release. In regards to annexation by another municipality, the Plan stated that the City would oppose a'1 municipal annexations within its corporate city limits and ETJ which had not been formally agreed upon by the Denton City Council. In cases where such annexation had been completed, the City might pursue actions to annul the annexation ordinance in accordance with the Local Government Code. The Plan would detail the effective date of annexation in order to minimize the negative fiscal impacts to the City's budget. Persaud detailed the Plan's policy regarding disannexation requests for failure to provide services. The Plan would detail the procedural requirements for annexations. The following components had been identified for further work as part of the findings and recommendations of the Plan (1) ETJ apportionment agreements with surrounding municipalities and (2) fiscal impact model. If Council approved the proposed Plan staff would include it on a future agenda for formal acceptance. Council Member Cott indicated that he would like to see the model before formal consideration and a cost analysis dealing with ETJ agreements with surrounding municipalities, Council Member Brock asked what th-x procedure was if another municipality attempted to annex portions of the City's current ETJ. Debra Drayovitch, City Attorney, stated that the City would ask a Court to declare that annexation void. City Manager. Harrell indicated that the Planning Department had become very diligent in monitoring surrounding municipality newspapers for indications of annexations in the area. Robbins stated that it would be difficult to project the costs involved in determining ETJ agreements as the conditions would vary greatly with each case. agandaNo~ a^ea redal~a (i C~.-~ City of Denton City council minutes #a ~r may 11, 1993 Page 12 Council Member Cott replied that Persuad indicated that he would present a fiscal model and he wanted to see that model. He questioned the cost for an apportionate agreement. City Manager Harrell stated that current staff would take on this project to facilitate that activity, particularly Mr. Persaud. An I analysis could be done to indicate what Persaud was giving up to do this project. Consensus of the Council was to move ahead with the Plan. The Council considered Item 19. 9. The Council received an update and held a discussion regarding TMPA's debt restructuring and refinancing program and gave staff direction. Bob Nelson, Executive Director for Utilities, stated that the City's representatives had recommended a 2016 plan which was not the plan which Garland and Greenville desired. A 2018 plan was approved and TMPA was preparing to award approximately $578 million worth of bonds. in 1993, the cost for a kw hour of electricity would be $.05 and in 1994, would be $.052. For Denton, the cost would be a two-tenths of a cent per kw hour increase. Ray Stephens, TMPA Board of Directors, stated that the law which allowed the Agency to refund outstanding bonds was to expire July 1, 1993. With the outstanding debt, it was desired to refund the possible debt. At the last meeting of the Board, various attempts at compromise were attempted with some members wanting to extend the date as far out as possible. He did not support the 2018 plan which extended the debt out farther than necessary. The ratings for the bonds would be determined during the week and the final sale would be completed by the end of June. Council Member Cott asked what was the assumption on rates for the time period. i Stephens replied that part of the idea for refunding was that the bond market was favorable. I Council Member Cott asked how long was it assumed to be favorable. Stephens replied that there would only be a short time between now and when the bonds were sold to have to deal with the interest 0 rate. Unless there was a tremendous change in the bond market, rates should be favorable. v kendaNo, r Agandalte tie b~ a City of Denton City Council Minutes May 11, 1993 Page 13 Council Member Cott requested that more information Le made available regarding such issues when making these types of decisions. Nelson replied that the City Council was not really making such a decision as it was a function of the TMPA Board. I Council Member Cott asked why it was then brought to Council. Nelson replied it was for informational Council. purposes to share with the The Council returned to the regular agenda order. 7. The Council received a report and held a discussion regarding the Trail Plan and gave staff direction. Todd Parton, Urban Planner, stated that in 1992 the Planning and Zoning Commission directed the Planning Department to begin studying the possibility of a trail ple:n and ultimate tranoportation plan. The Denton Development Plan contained policy statements outlining an alternate transportation system that provided for viable bicycle and pedestrian transportation as well as utilization of greenways for recreational purposes and as ideal locations for pedestrian and bicycle facilities. Three basic objectives had been developed concerning a trail plan (1) facilitate would alternate themeans needs transportation, recreational ( as well create as communing users and (3) promote the use of bicycles, walking and jogging as an alter.iative means of tranoportation. There were three basic issues considered in developing the plan (1) where did people want to go, (2) how would those people get there and (3) what resources were available to develop those needs. Parton noted on maps where people might want to go and indicated possible trail routes which might be developed. The trail system would be implemented according to a "mile a yearel program. One mile of trail would be built each year with CIP funds. Staff would like to conduct a media survey to determine where people currently ride, walk and jog. They also wanted to conduct a follow up community meeting in which the public would be invited to help staff identify trail corridors. The information gathered from the survey and the meeting would be used to develop a final trail plan concept map to be presented to the Parks and Recreation Board, the Planning and Zoning Commission and the city Council for consideration. e Council Member Cott suggested detailing a "best-worst" case scenario for the cost of the trails perhaps per mile so that Apida Na g AQerdaltam WILY City of Denton city council minutes ) 6~ May 11, 1993 T r Page 14 citizens would be aware of the cost of each type of trail. Parton replied that those figures were available. Council Member Brock indicated that such a system of trails would add greatly to Denton's quality of life. Consensus of the Council was to proceed with the development of the ` concept. 8. The Council received a report and held a discussion regarding Pretreatment Program modifications and changes to the sewer use ordinance and gave staff direction. Howard Martin, Director of Environmental Operations, stated that in accordance with the National Pollutant Discharge Elimination System Permit compliance schedule for the Wastewater Treatment Plant discharge, the city was required to develop Technically Based Local Limits which were the limitations which would go in the city's sewer use ordinance to govern industrial discharge into the system. In January 1993, proposed modifications to the pretreatment program activities and associated Sewer Use ordinance changes which reflected the development of technically based discharge limits were submitted to the EPA. Areas of the pretreatment program which had undergone changes included: (1) the Sewer Use Ordinance in the areas of definitions, clarification of significant user, permitting requirements and legal authority, (2) pretreatment program changes included reduction in sampling frequency and permitting procedures, (3) adjustments to technically based local limits, and (4) enforcement response plan which identified enforcement for specific violations and guidance for pretreatment program personnel. For this process the City was looking at the proposed modifications in the sewer use ordinance, discussing modifications for industrial input, and had delivered the proposed changes to all current industries which the City monitored. once these issues had been sewervuse ordinance, the pretreatment program marove the odifications and the program funding resolution. Council Member Cott suggested making sure that any company coming , t federal laws so that it did not o Denton saw a fairness in conjunction with the local, state and regulations. He questioned the releasing eofmpotential confidential information for a potential company locating in Denton and the need for a policy regarding the releasing of such information. Aaenda No Ageld It Date ~ r Ir City of Denton City Council Minutes is O May 11, 1993 Page 15 Martin stated that such information was already located in the program policies. Council Member Cott indicated that he had a concern with the procedure of allowing the executive director of utilities to stop temporarily or to revoke a permit issued to a company. He felt that that function should come from the City Council, Martin stated that council Member Cott was referring to the procedure for abatement of violations of the sewer use ordinance and/or suspend services or revoke permits. Council Member Cott stated that he did not have a problem with a temporary suspension issued by someone other than the Council but did have a problem with the revoking of a permit by someone else other than the Council. He also indicated that in the section dealing with modifications of permits, a 30 day notification period was not long enough for a significant user. Martin replied that a significant industrial user had categorical pretreatment standards passed for that industry. Federal law would have to be investigated to determine what was allowed for time periods for that category. 10. The Council drew lots to determine the order to begin the board and commission nomination process as outlined in Ordinance 93-073 and gave staff direction. City Manager Harrell indicated that Council had been provided a list of all of the boards and commissions alphabetically and Counciltandll hewithin individ alboard who drewmember. "x" Lots would would be b the afirst position on the first board with all the other boards following. Upon drawing of the lots, Mayor Castleberry drew the "x" and was listed as the first Council position responsible for first position on the Airport Advisory Board. All following positions and boards were numbered accordingly. Mayor Castleberry stated that Council Member Cott had asked for a reconsideration of the vote on the loading zone proposal, hadrto be Drayovith, made and had to be Attorney, mad,e by an individual motion whotvoted inithe majority. J endaNo aG Agenda Item City of Denton city council Minutes Date May 11, 1993 G Page 16 Cott motioned, Miller seconded to reconsider the vote regarding the loading zone proposals. On roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "nay", Chew "nay", Perry "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. Council Member Chew suggested holding a public hearing when reconsidering the matter in order to receive public input. 11. Miscellaneous matters from the City Manager. Lloyd Harrell, City Manager, presented the following items: A. John McGrane, Executive Director for Finance, had indicated that a special Council meeting might be necessary :n June 8, 1993 in order to accommodate the City's refunding procedure. B. The City's Court of Record bill had passed out of the House. Carrollton had gotten its bill out of the Senate with the provision of appointing the Municipal Judge. 12. New Business Tha following items of New Business were suggested by Council Members for future agendas: A. Council Member Cott thanked staff for the New Council orientation process he had recently attended. B. Council Member Crock indicated that she would like Council to discuss the matter of whether there would be term limits for appointed board members. Council decided that that issue had been discussed and taken care of with the terminology in the revised procedures. C. Council Member Miller asked if staff could be directed to prepare correspondence with TMPA protesting their recent actions in lengthening the time of 6ebt retirement. Council Member Chew indicated that Council should consider carefully any action taken against TMPA as it could have adverse reactions. Consensus of the Council was to not proceed with such correspondence. With no further business, the meeting was adjourned. s i Agenda No. Q co Agenda Item City of Denton City Council Minutes r7~te b "'~S' 4~ May Page11'~ 1993 , 1-r 6 ~1 M BOB CASTLEBERRYr MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTONt TEXAS y 444 CITY COUNCIL; 1 fi yyy~yyyi r }i 7 7 .7 7 1 ~t 1 aoaaa~u l o4P~c~,~ , o . ~ t. 1 O # wt llf 1 ; ♦i IIJ l~l1. -11 l ♦ fl lfl f.l. Ilal;' fit. .1. DATE: "ONA641-91 Ap CITY COUNCIL REPORT DA to !S TO: Mayor and Members of the City Council FROM., Lloyd V. Harrell, City Manager SUBJECT: Z-93-016, Goldfield Rezoning RECOMMENDATION: I R The Planning and Zoning commission recommended approval with a 5-1 vote at the June 9, 1993. The applicant has requested that this item be postponed until the Council's meeting of July 6, 1993, in order to consider the street abandonment on the same agenda. Staff recommends postponing. The council should vote on postponing the public hearing and consideration until July 6, 1993. SUMMARY: Request to rezone a 6.427 acre tract from the Agricultural Zoning district to the Planned Development district and approval of a Detailed Plan on property located west of the intersection of Pennsylvania Drive and Southmont Drive and immediately south of St. Marks Catholic Church for the purpose of two (2) one family detached residential dwelling units, agricultural uses, and a private cul de sac. BACKGROUND: See P&Z Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED., Applicant. Building inspections. Engineering. Fire Department. Police Department. Planning and Development. ~SCAL IMPACTi N/A Respec lly su m ted: ~V Lloy V. Harrell City Manager I AgodaNo Agendalt gate ' Prepared by: ~S L„ti~~', .[L Ka en K. Mitchell Urban Planner Approved: i Frank H. Robbin AICP Executive Director Planning and Development i { I AXX00386 Apen0aNo ~'6 Agea~a~cem~~,~ ~S tLANNING AND ZONING COMMISSION REPORT Tot Mayor and Members of the City Council Case No.t Z-•93-016 Meeting Dates 06/15/93 GENERAL INFORMATION Applioantt Alan and Shirley Goldfield 3101 Carmel Denton, TX 76205 current Owners Same. Requested Aotions Rezone a 6.427 acre tract of land from Agricultural district to Planned Development district and approval of a detailed plan for the purpose of two (2) one family detached residential dwelling units and agricultural uses. Looation and Sizes 6.427 acres located west of the intersection of Pennsylvania Drive and Southmont Drive, and immediately south of St. Marks Catholic Church. surrounding Land Use and Zonings North - Agricultural district/St. Marks Catholic Church South - Agricultural district/Residential East - SF-16 district/Residential West - Agricultural district/Vacant and Residential Denton Development Plant Low Intensity Area. keodaN( S Agendaltern ate N C~~~ Case No. 2-93-016 June 15, 1993 Page 2 SPECIAL INFORMATION Transportation; 1. Sidewalks will not be required as the remainder of Southmont Subdivision was not required to install sidewalks. 2. The cul-de-sac, as shown on the Detailed Plan is generally acceptablei if additional construction is desired at a :.ater date, the cul-de-sac will have to be opened for public access. utilities Water: There is a six (6) inch water line located on Southmont Drive in front of the property. Sewers An eight (8) inch sanitary sewer is located on Southmont Drive in front of the property. Fire: There is a fire hydrant on Pennsylvania and on Southmont Drive as well Southmont and Destin Drives; therefore, no additional hydrants are required. The gate, as shown on the detailed plan, should have a system so as to provide emergency and service vehicle access to the site. The gravel drive is an all-weathered surface, approved by the fire department. Drainagst No public drainage improvements will be required as this development will have an insignificant impact on the drainage in this area. HIGTORY on January 8, 1992, the Planning and Zoning Cc-,mission held a public hearing on Z-91-023. There was considerable neighborhood opposition to this request; therefore, the Planning and Zoning ~en~a No 3 - C 4gendaltern S 00b _x__15 3 Case No. Z-93-016 15 June 15, 1993 Page 3 HISTORY, continued Commission moved to continue this public hearing on January 22, 1992 in order to have the applicant meet with the neighbors. On January 22, 1992, the P&Z tabled the request once again due to neighborhood opposition. On February 6, 1992, the representative for the applicant requested a withdrawal of the petition. On June 9, 19930 the Planning and Zoning commission heard Case No. Z-93-016 and recommended approval with a 5-1 vote. ANALYSIS This site is located in a low intensity area which, according to the Denton Development Plan, is primarily for resid^atial protection and preservation. The applicant has requested the property be rezoned to Planned Development because they would like to maintain a private road with a security gate across the frontage. According to the. Subdivision Regulations, private streets are allowed only in Planned Developments, The detailed plan reflects two one family dwelling detached units on a 6.427 acre tract. It does not appear as though any policies of the Denton Development Plan would be violated, i ~ RECOMMENDATION The Planning and Zoning Commission recommends approval of 2-93-016 with the following conditionst I. The City Council approves the request for abandonment of right- of-way (cul do sac)I and, 4penda No. Apendaltem S date=6I -q3 Case No. Z-93-016 0f I5 June 15, 1993 Page 4 RECOMMENDATION, continued 2. The owner executes an irteennification agreement holding the City harmless from injurie3 arising from the locked gate in a form agreeable to the V%ecutLve Directur of Planning and Development and City Attorn-,y. 3. The security gate not b6 able to be mechanically opened or closed against an obstruction, as approved by the building official and fire chief. ALTERNATIVES 1. Approve petition 2. Approve petition with additional conditions 3. Deny petition 4. Postpone consideration ATTACHMENTS 1. Location Map 2. Proposed Detailed Plan Reduction 3. Minutes of P&2, June 9, 1993. ~xxoo~er ATTACHMENC 1 QQCn(1Bh0 gJ.II~~--. ,;°~a Southmont Drive Frto NORTH r WWI IYYm J ` W ~ 4 H i I y' 4 ~ @OUT d Nt O MO ~OITO i11R4t 1110 k~ llh.~ %L FASED f SITE RYAN 1 DATE: 12121101 SCALE NONE TI SJV LAN( IE PEACOCK SURVEY C. PODUAUER SURVEY - A-1589 A-W6 N I IY M I I J QUAIL PLAN N01Lj I ,j• \OT L KDCN A, DEYTDY CAINKIC ADD* II ICµApK ~I l0 / q U I:YI I too 1c we r A. 4 fora IJI u•L 1 IQV/ A I(Y11DY 'It, „_II '-w'- or 11'1 11Y I g 104L WLI0t 4111 Wio 1 ~1 {1' R 0.111 "Ga4 Alto I'A' 1t n~ _ 0Yt 1.Y p•LLM0011LC.ltY IL kp111 1000111 tl I. .i 0•M1 N r L 19Y ILL MY 01IL[M0CI Ii /tl4AfI,- -1 L1~Lttf ALA•Y Ib.pIYl 1 'r i{ur ACm low r~w1 C_•11 C talk, 11, clno"rr i/p +MITAiC /Yrl'ytp95~_. YIIV.IY a'Ixl 4111 •MI WII Yt W1r ■R I•YWM / f1 IL~t .Lr ~ W"YVY 9fYL1/ OA NYtINC4 yy • ^ ~ L y I ~ F101011 .C Yt{ Ip11K1A INIL i 0 ~ ( ~ 1 / ` 11[44(11'4 ~ ; 1~ t ~I / • rurwl n0u•t4 4 elites y t I ' / 4~/~,/,•; 11 , I'mLLW1.11.Pwuuf.• rt[.. 101Y1 ma 411 w 0 1 1 11 ^.r t ~0 h ~I .F.y uleW lW.wplr A.A 1a •w~.1ef1Ytl ~,p~ b t f 111M Ir(LI.II L.rI .IN4r IIYt IrL.10•I•wR.41 t 1 IrMll r7/, ~~~G j/% • t~ I IfrYM.l Yrl lyupl rl glM4LUgMN I1WfI M•1 010. Ia (MI-411 w 1'-M'Il l MM4 rr Ihr AX ~ 11 ~ 1{rub 1 00.1 11 Alr YU Ullrl• i K I IIO.1 AIgwM, 11 II Y 1 gel- n 4 ' \ (At10(FTdL VIII + 5 •wr W" Y. ~ \ IA W fau y ,s I•I•I W11 A .V• N w fa• 11 I1~•x• 'f i ' ' 1 1 YR W\ 1 M i I 1 1 OINIA/: I1 ALAN 11 IalO/K ll 114 1111111ThV1aiVIY11AAl1COlllc 1100 1 CAI CAAYCL IPoC N 1Iw11 ~01 I cwa!'T~^./ atNlar Iu11 /t•EO1L ?I III J' MAIL ALAR I L071 I A L OLOCX A p A. 4OLD11[LD ADOU 0 mr C. POULLALKR AY. A•IOOC 1 CITY 1 COUNTY 0/ DWGK TEXAS n YI I MAN I A8 10C IIOC, I IM YdM Y1CWfY W! !L!ItSf,_.jN1 11 111111 M MYI1 111 1(YT/1. It111 11101 10111 N11 Ft" Ub q F'&Z Minutu:~ Jun g, lgg3 ATTACHMENT 3 A~enQalfSR S Lute _~1_._ q for 8 feet for utility easement in residential subdiirlsilio s~ with a 25 foot setback. Mr. Robbins said that the 3.6 foot utility easement is common practice according to the Utility Department. It has been practice for about a year. Mr. Engelbrecht said he had some concerns. If a person is required to have a 25 foot setback requirement and 16 feet of that will be for utility easements there would not be a lot of room for trees and landscaping and have a good survival rate. Petitioner: No Comments In Favor., Robert Reeves 500 S.Irvay Dallas Nations Bank Trust Dept. Mr. Reeves said he was not opposed to the petition. He wanted to go on record with the clarification of an issue. On page 23 of backup there was some history of PD 19 about a verbal agreement to build an 8 foot high masonry fence along the southern boundary that separated the property owned by Mr. Cott. Back in late 1990-91 came in for an amendment to PD 16. PD 16 is a retail district. There was a land swap between the owners of PD 16 and the City of Denton, because the city wanted to build a fire station. It was determined at the time of the amendment that the fence would not impact us. He again stated he was requesting that any conditions agreed to in the past that had pertained to a fence between the properties have no obligations attached to Nations Bank and Trust. He said all of their property, including the city property was PD 16. They were no responsible for any type of fence. In oppositions none The public hearing was closed. Dr. Huey moved to recommend approval of case 2-93-010 as recommended by staff. Mr. Glasscock second,d and the motion carried unanimously (6-0) V, Hold a public hearing and consider the rezoning of a 6.427 acre tract from the Agricultural district to the Planned Development district with a detailed plan on the property located west of the intersection of Pennsylvania Drive and Southmont Drive, immediately south of St. Marks Catholic Church for the purpose of two (2) one-family detached residential dwelling units, agricultural uses and a private cul de sac. Chairman Engelbrecht opened the public hearing. An addendum to the staff report was passed out to the commissioners. STAFF REPORTi RAport by Frank Robbins 1 ~genoa No q~~ AQe~~al}em .11.,L Ikte._6=~5-_ Mr, Robbins said that the addendum was for clarificat~oan~, l}{e reported the proposal was for a rezoning from A to PD to allow for a private street. Private streets are only allowed in planned development districts, The PD would restrict the PD by zoning it for only two structures. The conditions that are recommended to this case are as follows: 1. A security gate would be installed out of metal railings to be installed at the point Southmont Drive deadends into this district shall not be allowed or permitted unss the city council approves the request for the ab nd nment f the cul-de-sac reflected that was reflected in Exhibit "An, 2• The security or allowed unless gate cove ant running with the land ispexecuted by the owners of the subject property and filed of record which releases, indemnifies defends and holds harmless the City of Denton from any liabilities, maintenance, use or nonuse of the security gate and fire lane. This covenant I shall be in a form that is agreeable to the Executive Director of Planning and Development and the City Attorney, 3, The Fire Chief is authorized to require a key lock box to be installed in :.n accessible location in close proximity to the security gate to provide Fire and Police sulk a key to allow access to the addition in :Ssea of Pa rsonn health or safety emergency. The key lock box shall beofia type approved by the Fire Chief. 4. The fire lane to provide access to the two dwelling units must be an all-weather surface approved by the Fire Department, I Mr. Engelbrecht asked about the notification to the property owners, i Mr. Robbins said there were 22 notices mailed and 3 reply forms were received in opposition r.4 2 in favor, Petitioner; Bill Coleman, Coleman and Associates Surveying, 1421 N. Elm, Denton, Texas, He explained the purpose of the security gate was the condition the land was in when Goldfield planned to build. The concept for a PD and private Street came about from conversations with architect and the city. Because it is still not feasible for a fence around the property because of the cul-de-sac. It is not very attractive and they would like to fix it up, The only way to accomplish this would be to replace the gate around the cul de sac. That would depend on the council abandoning the cul de sac. The Goldfields have no problem with the conditions or allowing emergency eccess to the property. They feel it would improve the neighborhood. ~riE~0a lemr 92 Mr. Engelbrecht asked if the remote controlled. gate would be electronic oxx f fp7-J, Mr. Coleman said yes the gate would be electronic. Dr. Huey asked is there would be a danger to children from an electronically operated gate. One of the replies addreFsed that issue, Coleman said he had not seen the letter, but it would open to the inside and it should have a safety override so it would stop if it met any resistance or blockage, Mr. Engelbrecht asked if there were city regulations for electronic gates. Mr. Robbins said no, he did not know of any. In favor: none In opposition: Colleen Clower, 3008 Pennsylvania Court, Ms. Clower said she had three legally blind children and the gate was a great concern. she moved into the area because of the cul-de- sac. She said they do have enough vision to get to where they had to be, but not to move quickly out of the way. Now they do not have to worry about the gate opening on them. Why can't they put up a fence or a locked gate. I do not see why they have to have an electronic gate. When the button is pushed to opened the gate you will not be able to ;ee the other side. Children will be hurt. There are children that have been killed by garage door openers. She said she was friends with the Goldfields and that 6 1/2 acres should be more than enough room for privacy. She said she had a set of twins that were 8 years old and grandchildren visit the area. An electronic gate is dangerous. There are zero lot lines and there is not a lot of room to spare, Children are curious and wil to see if they can Goldfi lds want beauty why not put p a a fence it If the or move. a locked gate not an electronic metal one. She said she bought her lot in the area because of the safety of her children and with the gate that safety would be compromised. Mr. Engelbrecht asked if Ms. Clower knew that the gate would open into the Goldfield property. Ms. Clower said she was a teacher and a child would be attracted to the gate and someone would get hurt, Ms. Lou Nelson, 2901 Carmel. Ms. Nelson said after that young mothers plea about her children, what she felt did not matter, She said she wanted to go on record as opposed. Mr. Coleman said he understood the concern we all have for the safety of our children. The reason they are coming back to y Agcnca,tarp Put the fAl9 gate in is they could not put t--1 -0 ~ setbacks which would fence off well up a fence without-- an acre of their land- The Goldfields would do everything in their ability to assure the safety factors of the gate. One of the reasons they are trying to get the gate is to stop traffic driving up into their property to look. They want to stop the traffic. This will stop the traffic because there would be no more traffic going in to that street. Dr. Huey asked for clarification on the nature of the gate. Would it be permanently locked. Mr. Coleman said no it would be an -electronic security gate. It would not be locked permanently. Mr. Glasscock stated there are a lot of gates in town They are around yards and pools and storage buildings, now. He said he knew his neighbors had one especially around their pools. He asked if they have any safety requirements, Mr. Sucek said there might be a .ray to make sure that the police and the fire chief make sure that the gate met some type of safety requirements. It would have to be installed so that it would be safe, if Mr. Coleman agrees, Mr. rrequireCooper ntsathat itebesize eleetrcnivallyeoperated but there with were manual override. Ms. Clower said the gate would be the size of two lanes, it would be the size of the road. Mr. Coleman said it would be the main egress of the property, Mr. Sucek said it was not just to keep people out but to prutect their property and to keep their dogs in. Dr. Huey asked about a fence and the gate being impractical. Why would you build a gate if there ie no fence, Mr. Coleman said there was a fence. He was speaking about the gate at the cul-de-sac. It would have to be below 42 inches and would not keep a dog in or a child out, Mr, Engelbrecht said if there is a fence would there not still be a gate. Mr. Coleman said yes, there would have to be an entrance gate in the fence, That was the entryway to the property. The public hearing was closed. Sucek said the concern of the city was not to have a military 4ABndd No Agegda Itop? _ operation. The city says if there is a fence in theUFf'oi . it could only be 42 inches high, unless you can show a hardship or come in with a planned development or ask for a variance. There would be a problem with the gate no matter where you put it. Ms. Flemming asked how the gate would be an improvement to the property. Mr. Robbins said that it would have to be added and it would cost money, so it would be an improvement. Mr. Engelbrecht stated thet if there was a requirement added to the condition requiring j sensitivity device on the gate he failed to see n safety problem to children. There are electronic door closures all over town, There has not to his knowledge been a problem with the doors in the City. The doors have been quiet safe. Mr. Cooper asked if there are any controls for security and safety features that could be checked with the building inspector or someone to make sure they would be safe and operate properly. Mr. Engelbrecht said the Commission could make it a condition since it was for a planned development. Mr. Robbins said there are manufacturers specifications and it could be permitted and the condition checked. Mr. Engelbrecht :roved to recommend with conditions the rezoning of a 6.427 acre tract from the Agricultural district to the Planned Development district with a detailed plan on the property located west of the intersection of Pennsylvania Drive and Southmont Drivo, immediately south of St. Marks Catholic Church for the purpose of two (2) one-family detached residential dwelling units, agricultural uses and a private cul de sac.outlined by staff and in addition in #1 and added item that a sensor device be a part of the gate. Mr. Cooper seconded. Mr. Robbins said what was really wanted was a safety feature saying that it would not close if it was obstructed with something or by something. The vote was (5-1) Dr. Huey voted in opposition. 1 i e+\0rd\9o1dfi1d.ord 4g P,?L'at~i0 ~ipe~daiterr~~~ t yafCS ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM AGRICULTURAL (A) TO PLANNED DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 6.427 ACRES OF LAND LOCATED WEST OF THE INTERSECTION OF PENNSYLVANIA DRIVE AND SOUTHMONT DRIVE, AND IMMEDIATELY SOUTH OF ST. MARK'S CATHOLIC CHURCH, PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, Alan and Shirley Goldfield have applied for a change in z ing for 6.427 acres of land from Agricultural (A) to Planned Development (PD) Zoning District classification and Use Designa- tion; and WHEREAS, on June 9, 1993, the Planning and Zoning Commission ~ II recommended (approval) and (denial) of the requested change in zoning; WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECT_ I_ ON I. That the zoning district classification and use designation of the 6.427 acres of land comprising Lots 1 and 2, Block A, A. Goldfield Addition is changed from Agricultural (A) to Planned Development (PD) Zoning District Classification and Use Designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II That the Detailed Plan identified as Exhibit 10A" and attached hereto and made a part of this ordinance for all pur- poses, providing for this PD District to be used for two single family residential dwelling units and agricultural uses, is hereby approved. SECTIONS LL. That the district shall be subject to the follow- ing conditions: 1. That the security gate to be installed at the point South- mont Drive deadends into this district shall not be per- mitted or allowed unless the cul-de-sac reflected in Exhibit "A" is abandoned by the City Council as requested by Appli- cants. 2. The security gate shall be of a type which cannot mechani- cally open or close against an obstruction, the safety of which shall be reviewed and approved by the building official and the Fire Marshal. 3. That the security gate referenced above shall not be permit- ted or allowed unless a covenant running with the land is executed by the owners of the subject property and filed of Age"d Item record which releases, indemnifies, defends and holds harm- less the City of Denton'from any liabilities or damages that may arise by reason of the installation, maintenance, use or nonuse of the security gate and fire lane. This covenant shall be in a form agreeable to the Executive Director of Planning and Development and the City Attorney. 4. The Chief of Police or Fire is authorized to require an access system to be installed in an accessible location in close proximity to the security gate to provide Fire and Police Safety Personnel access to the property in case of a public health or safety emergency. The system shall be of a type approved by the Police and Fire Chiefs requiring same. 5. The fire lane to provide access to the two dwelling units must be material as an all-weather surface approved by the Fire Department. SECTION IV That the City's official zoning map is amended to show the change in zoning district classification. SECTION V That any person violating an ordinance shall, upon conviction, be fined a sum vnoto exceeding day shallOconstitute a t eparate and distinct. is violated SECT- I- O - . That this ordinance shall become effective four- teen (24) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be twice in papers ofd the city ofeDeDent nton Texas, Record-Chronicle, lten the official days of news- date of its passage. PASSED AND APPROVED this the day of 1993. BOS CASTL£BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., _ f APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 1 y to a{:+t~ $ ~ ~ ~ +~h~ r as 1 ar al iZ 4 ~ _ a f fZ1S t CITY COUNCIL: 1 a' '1 i it 1ttI-r yl 11,. Yta~ {j{}' t# ffi ajaa} tat}ryt:. ~t~..' 1 } /f+ r +a i} t#ar'ir t '+1rltk u 1 fr+~ iir#2 ~ ~ ~~~$+Eti~tl. f a. f T-M t r.. Tr, 1 1, Z}t}~'JO~t 0 "~i`f } V ~ s ' 1 j}c a~0 0 ~t 1 {jar ~~C ^~OA tC±ce ~ y ~a~', F irl. IT.al IaTIF.- i it a~`t 't~li.1tI I { a 1 fi 7~f tl~ll1 tits .af ilt li t; r 4 1 l it i~ r 1 P3 -Cg6 fiend: No. rbpBAd7lt8 DATE: June 15,"t999- CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Approve Historic Landmark (H) designation at 120 W. Hickory. r RECOMMENDATION: P&Z and HLC recommend approval. i SUMMARY: See P&Z report. BACKGROUND: See P&Z report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Preservation Program. FISCAL IMPACT: Potentially, a 50% City of Denton property tax reduction for 10 years on this site. Respec gully submitted: Prepared by: Lloyd V. Harrell City Manager Frank H. Robbi s AICP Executive Director Planning and Development OX00JG5 i ApdaNo qs -dam Apeodalem PLANNING AND ZONING COMMISSION REPORT 90 To. Mayor and Members of the City Council Case No.: H-93-001 Meeting Date: June 15, 1993 i GENERAL INFORMATION Current owner: BeBe Olufsen Denton, Texas 76201 Requested Action: Approve Historic Landmark (H) designation. Location and Size: 120 West Oak. surrounding Land Use and Zonings North - Central Business District. South - Central Business District. East - Central Business District. West - Central Business District. Denton Development Plan: Urban Center. SPECIAL INFORMATION This is not a zoning use change, therefore infrastructure will not be affected. The proposal is to designate the structure an Historic Landmark. This will enable the owner to take advantage of the City of Denton0a property tax abatement ordinance for "M" designated structures. If approved, the owner may apply for a Sol tax abatement for 10 years. Case No. H-93-001 A~3F 3!t6m May 26, 1993"E Page 2 3Qf 6 HISTORY With the assistance of the Denton Main treet Programs, th is property underwent extensive interior and eSxterior renovations in 1990-91. The Historic Landmark Commission reviewed preliminary and fins landmark designation applications and recommended a 1 12, 1993. P&Z recommended a Pproval on April Pproval on May 26, 1993 with a vote of ANALYSIS The structure is located on the square in historic downtown Denton and qualifies for landmark designation based on a number of necessary criteria for individual designation as established in Sec. 35-215 of the Historic Landmark Preservation and Historic Districts ordinance (see attached exhibits also submitted with the application). The criteria for approval is as follows: "(b) in making the designations as set forth in subsection (a) of this section, the City Council shall consider but shall not be limited to one (1) or more of the following criteria: (1) Character, interest or value as part of the development, heritage or cultural characteristics of the city, state or the United States; (2) Recognition as a recorded state historic landmark, a national historic landmark or entered into the National Register of Historic Places; (3) Embodiment of distinguishing characteristics of an architectural type of specimen; (4) Identification as the work of an architect or master builder whose individual work has influenced the development of the city; 4457 Case No. H-93-001 May 26, 1993 Page 3 ANALYSIS, Continued (5) mEmbodiment Of elements of architectural aterials or craftsmanship which represent eaiSignificant architectural innovation; (6) Relationship to other distinctive buildings, sites or areas which are eligible for preservation according to a plan based on architectural, historic or cultural motif, (7) Portrayal of the environment of a group of people in an area of history characterized by a distinctive architec- tural style; l (8) Archaeolortical produce data affecting atheorieseof historic or prehistoric interest; (9) Exemplification of the cultural, economic, social, ethnic or historical heritage of the city, state or United States; (10) Location as the site of a significant historic event; (11) Identification with a person who significantly contrib- uted to the culture and development of the city, state or United States; (12) A building or structure that because of its location has become of value to a neighborhood, community area or the city; (13) Value as an aspect of community sentiment or public pride.' Ms. Olufsen has more than adequately documented the history and significance of the structure. ' A consultant was retained to research and prepare a comprehensive history of the property. The most recent alteration to the structure was the removal of a metal facade in 1991. Ms. Olufsen is obviously committed to the preservation of the original character of the structure. 3, AgenoaNo._ a2z Ag01lG/Std ~ Case No. H-93-001 May 260 1993 JOT o(~ Page 4 I RECOMMENDATION The Histaric Landmark and Planning and Zoning Commissions unani- mously recommend approval. ALTERNATIVES I i 1. Approve petition, 2. Approve petition with additional conditions. 3. Deny petition. 4. Delay consideration. ATTACHMENTS 1. Location Map. 2. Application with exhibits. 3. HLC Minutes. 4. P&Z Minutes. 5. Ordinance. AMMDOSM ~i ATTACHMENT I 4vdaN0 i A~ORaaI~~I~ _ 93.001 BeBe Olufsen;e~-. NORTH o I MCKINNEY I ie L - SITE = CAN { 2. 1 Kjt2 21 I I I ~ • OAK ST. 3 V1 4 3 s HICKORY I I 2. • it I f 1 I I 1 I~ . a +1 / N I I 1 I hl ~ J ~ ~ I Mc- 3 WALNUT Sr r z 2 < I ; 3 MULBERRY Liss Dates 5/26/'93 Scale: None J- i N6161 No Aaendali We A melange of wooden shacks ringed the Denton square a in July 1871 when dry goods merchants John Stanfield' and Dempsey Jackson purchased the westernmost lot on its north side. Houses and one-roomed businesses of log and frame lined most of the square on the north, south, and west sides. Signs painted on false parapets that nearly reached to the top of the eaves identified the shops, offices, hotels, saloons, and other businesses that comprised Denton's budding commercial district. At the center of the assemblage, bordered by rutted trails that ~ passed for streets, ]ay the vacant public square a wooded tangle of weeds, crash, and wildlife that served as a hitching area for horses and a trade yard for the young north Texas toxn.2 Denton was only four years old at the outbreak of the Civil filar and, though untouched by battle, suffered its dire consequences nonetheless. Denton residents divided fairly evenly on the issue of secession and narrowly passed the resolution, but once Texas seceded, nearly every able-bodied man in the county left to join the Confederate forces. Fields went unplanted, rations became scarce, and merchants had little to sell. By 1871 the village of Denton, which had listed 361 inhabitants on the federal census a year earlier, was barely recovering from the preceding decade.3 Stanfield's and Jackson's parcel of land was located in the William Neil survey in the original town of Denton4 and had belonged to Alex Brown, an early Denton County saloon keeper. The property, described as Lot One, Block Five, ran 1 A0ooda No Aperij I~Cm from West Oak Street north to Pecan street and from Elm rreet ow,( ~ east a distance of fifty feet. It contained at least one structure, probably Brown's saloon, and occupied the west end of the block dominated by Denton County's two-story wooden courthouse. Various businesses, including the fashionable Lacy Hotel at the east end, also stood along Oak Street between Locust and Elm Streets. In a small building at the west end of the property, the two merchants ran a post office arl confectionery store. The pair were o3tablished Denton residents who owned several properties in the community. Forty-three-year-old Dempsey Jackson had Leen elected mayor of Denton at least once, and sixty-five-year-old John Stanfield served as its postmaster.3 In October 1873, Stanfield and Dempsey sold a narrow portion of the east half of their lot to David H. Fry, the twenty-seven-year-old son of Lewis M. Fry, proprietor of the Denton Hotel. The elder Fry, a sixty-one-year-old farmer from North Carolina, had moved his wife and nine children to Denton in 1859, just two years after the town had been selected as Denton County's fourth county seat in eleven years. In the early 18609 Lewis Fry ran Henderson Murphy's log hotel on the south side of the square before acquiring the former Mayes Hotel in 1869. When Matthew Gray was removed as county sheriff in early 1869, Fry replaced him until the July election of W.F. "Dad" Egan, who held the position for nine years. Fry's son, William S., would be elected to the post, after serving as City Marshall for twenty-three years.• a 9. agenda No ~?"fl~ "'Or15, P-__ No records have been found documenting Dave Fry's use se of the property before 1879, but it is reasonable to assume i that he immediately opened a meat market on the twelve-and-a- half-foot by forty-foot space. Fry and his young family lived on a farm about a mile north of the square. Men of the county passed many a sporting afternoon around the makeshift racetrack set up in one of Fry's pastures, where the young Sam Bass, before beginning his short but f)aniboyant career in i j crime, frequently raced the famous Denton mare.? (Bass came to f Denton in 1872 and was killed near Round Rock in 1878.81 A March 14, 1879 copy of the Denton Monitor advertised D. Rowsky groceries in the D.H. Frye Meat Market, Whatever type of structure Fry had on his square property undouutedly was leveled, when a Christmas-week fire in 1975 destroyed not only the courthouse but the entire north side of the square. Six years later fire again ravaged the west half of the block. The other sides of the square suffered much the same fate.$ Fire had played a prominent role in altering the landscape around Denton's public square. But with change came progress. In November 1877 Denton County commissioners opened a new $40,000 brick courthouse,10 likely the first brick building in town." With the imposing new structure filling the cen'sr of the square, at last Denton looked like a county seat. Although it would be fifteen years before all the buildings facing the square were brick, the new material became increasingly popular. A brickyard southeast o: town, run by George and Henry Fastorff, supplied the bricks and I 3 /O. 1 a~e,aaica~F, IQr. (Oa lime used in construction." Following the 1881 fire, Dave Fry erected a single- story structure of red sandstone brick with a wooden porch and sidewalk in front. The building probably was built in 1882 or 1883 because it appeared on Augustus Koch's 1883 Birds Eye View of Denton. It is likely that the structure was larger j j than its predecessor for, in 188.., Fry purchased the twenty feet directly behind his property. By the end of 1885, Fry also owned the adjoining twelve-and-a-half-foot by one- hundred-twenty-foot section to the east.13 The October 1885 Sanborn Insurance Map showed a twenty-L'ive-foot by roughly sixty-foot single-story structure Y ructure j containing a meat market and a grocery. Few buildings other occupied the north side of the square at that time. Only a well and a bake house and oven appeared at the rear of the i west half of the lot; a tiny building, perhaps used as an i outhouse, stood along Pecan Street behind Fry's property; and a stone foundation lay directly to the east of Fry's market. Charles and Godfrey Meentzen owned the bating facilities to the west. They had purchased the property earlier that year and, by October 18860 would have a single- story brick business on the lot. In the middle of the block stood a drugs and stationery store and the two-story First National Bank with a stable at the rear of the lot. Only a foundation, a grocery, a general store, and a few outbuildings t appeared east of the bank on the north side.<< Denton continued to grow. Census takers in 1890 4 %~G^~CONO a r~talfOm~~_ B counted 2,558 inhabitants in the town of Denton 1,364 more than in 1880 and the north side of the square reflected this embullient growth. The 1891 Sanborn map showed a grocery just west of Fry's market, and a post office stood on the stone foundation to the east. An early business directory confirmed the grocery as Meentzens' bakery, A millinery shop, dry goods store, hardware, and furnitur,a store now occupied the area to the east of the bank, and the three-story May House filled out the east end of the block. Except for the post office and May House, all the new buildings were two- stories high. When the Sanborn inspectors visited Denton in 1896, a three-story stone courthouse was under construction, water pipes had been installed beneath the city's main streets, and a barber occupied a portion of Fry's building." The exact years that D. H. Fry ¢t_at Market operated are not known, but Edna Haynes McCormick stated that D. H. Fry operated a meat market on the north side of the square during the 1880s, and the 1890 Denton Review business directory identified D.H. Fry as proprietor of Fry's Meat Market. It showed L.L. (Lewis) and L.K. (probably Silas, S.W.) as clerks. Chisum, a forty-year-old African American, also was listed as clerk, although it is more probable that the former cowhand handled the butchering.'% In July 1893 at the time of his wife's death, David Fry was in the butcher business with their eldest son, Lewis L., and continued to run the market. The Business Directory of the Entererisina Business and ~ Professional &A of enton 5 r Agr7,d0am 5 T3 ~ ~~,s_b_ r5-s Texas, published in 1894, listed D. H. Fry 6 Son as one of four meat markets, By 1900 when Fry's daughters and their husbands brought suit against their father and brothers for failure to divide their mother's estate, Dave Fry was operating a dairy business and renting out a portion of the building as a meat market for $25 a month and the remainder as a barbershop for the same amount.'? As the senior Fry grew older, having acquired a substantial amount of property," it i is likely that his son assumed operation of the market on a full-time basis and was paying rent to his father. Although no time frame was indicated, an old settler's tale identified I Lewis Fry as having a meat market on the square.19 According to the long-time resident, Lewis Fry owned a well-trained shepherd dog that had driven sheep to market in New Orleans several times. The dog, which would obey more than one master, became lost, and Fry worried about losing the valuable animal. In those days, such a dog was worth seventy- five to one hundred dollars. A sheep farmer on Clear Creek near Bolivar, D.J. Edd],'nan, found the dog and, not knowing it belonged to Fry, put the dog to work herding his flock. Every morning Eddleman freed the sheep, leaving the dog tc guard them, and each evening he would bring them into fbe barn. One rainy evening, Eddleman failed to fetch the herd. During the night, the trusty canine herded some five hundred sheep nearly fourteen miles to his former master's meat market, announcing his arrival with a bark. In time Eddleman recovered his sheep, and Fry was reunited with his dog,=9 6 1a. 4pioaNo Agendaltem-1.Z-- Dais i 30 By 1901 Denton had more than 4,000 inhabitants. The new courthouse, a necessity when a grand jury deemed the earlier structure unsafe, was open; and a jeweler and telegraph office had replaced the millinery and a grocery. Within the next dozen years the square would see the removal of the hitching rack around the courthouse, streetcar linea running along West Oak Street in front of the Fry Building, paved streets, and brick or concrete sidewalks replacing the wooden ones. The nation was becoming an urban society, and Denton reflected this change, The one-time country town was taking on the appearance of a small city. Denton had indeed entered the twentieth century.21 In June 1907 Dave Fry and the Meentzen brothers, who owned the west portion of Lot one, were expanding as well. Adding on to their existing structures, Fry and the Meentzens built two-story red brick buildings fifty feet wide and eighty feet deep with a party wall separating the two properties and a common front and stairwell. The first floor of each was partitioned to create two shops nearly as high as they were wide. A spacious area with high windows looking out upon the refurbished square comprised the upper floor of each, and a transom topped the door leading to the common stairway, The solid, clean lines of the building's commercial front gave an air of stability to the corner.'$ Indicative of the many changes occurring in Denton and the nation in the first years of the twentieth century, bicycles, sewing machines, and photographs were being sold on /y I Agenda No g 3 4a Age~daltom . S the north side of the square. Down the block, a telephone exchange officed above the meat market, and automobiles were becoming more common. Lewis L. Fry was among the first Denton residents to register an automobile in 1910.23 Over the next twenty years or so, several businesses occupied the Fry Building. By 1913 thq Knights of Pythias r were holding their semi-monthly meetings on the second floor. Some confusion exists, however, as to what businesses occupied i the first floor. The March 1912 Sanborn map showed a' tailor and a lunch room, the bakery next door extended to Pecan Street with an adjacent oven occupying a portion of the twelve-and-a-half-foot by thirty-five-foot lot behind Fry's property. Denton's 1913 City Directory gave a somewhat different configuration. In view of subsequent directories, however, it is likely the 1913 publication was in error. Later Sanborn maps and Denton city directories indicate that North Side Shoe Shop, North Side Tailor Shop, and Ben Sullivan's Meat Market occupied the Fry Building between 1916 and 1929. Some older Denton residents still remember the area behind the market where Sullivan butchered cattle for the shop, as the Frys undoubtedly did before him.14 Denton was on the move in 1920. Automobiles had become a way of life in the decade since 1910, and Denton County reflected the trend of the nation the once-agrarian American society was becoming urbanized. The city experienced a sixty-one percent growth, from 4,732 in 1910 to 7,626 in 1920. Street improvements, sanitation measures, and civic 8 67 Age"da!!em~ " beautification projects reinforced Denton 's emergence as a city. At the end of the decade, properties were renumbered; the address first appeared as 120 West Oak Street in the 1920 Denton City Directory. As early as 1885, it had been listed as 317-318 West Oak Street, and by 1912 the address was 21 West Oak Street. Not all the changes were happy ones. With r the passage of time, the city lost more and more of its early settlers. A year into the new decade, Dave Fry was buried, and the familiar Fry property would pass out of the hands of the family that had held it for nearly fifty years.i+ In 1923 Dr. Wallace C. Rimbrough, a pioneer Denton county physician, began purchasing the property from Fry's heirs. As a young doctor, Kimbrough arrived ir. the county in 1898 and set up medical practice in Krum. There were no hospitals, little equipment, and few drugs when Wallace Rimbrough began traveling the roads of Denton County in all kinds of weather delivering babies and tending to the sick. The "horse and buggy" doctor made house calls any time of the day or night, using whatever facilities and implements were available. Once, after moving to Denton in 1900, he and his partner, Dr. J.M. Inge, removed a man's arm with a meat saw following a threshing accident. Another time, Kimbrough created an incubator out of a shadow-box lined with cotton ' batting, two light bulbs, and a thermometer. The kindly physician treated people in all segments of the community, "forgetting" to send bills to those patients who were unable to pay. Three years before his death in 1952, Rimbrough 9 kte ;r)jitem ~ ~~a.--- ~y~~~ donated a twenty-two acre tract of land off Decatur Highway aso (:;-r a a permanent fair grounds after the previous fair pr ~erty was sold.+6 It took W.' Kimbrough six years to buy our the eight Fry interests in the property. Shortly after receiving the final deed, the physician approached his nephew Joe E. i Kimbrough, a recent graduate of the Danforth Pharmacy School i in Fort Worth, about opening a drug store on the ground floor and converting the second floor to medical offices, Years earlier in Krum, the physician had opened a drug store and medical office in much the same manner. Dr. Rimbrough financed the initial start-up, for which his nephew repaid him plus interest and a commission on all prescriptions. 27 When Ruth Grimes married Joe Kimbrough in July 1930, a skeleton drug-store operation existed. She remembers that the inventory was sparse only one or two of each item and had to be replaced as soon as it was sold. At the back of the store a stairway led down to the street, and on slow afternoons the young pharmacist taught his new bride the art of fly-casting off the attached porch, which soon was removed to prevent burglaries of the nearby drug cabinet. Joe Rimbrough enlisted the services of a boyhood friend, Ray Tobin, then a registered pharmacist in Childress." The following year, the Kimbrough-Tobin Drug Store opened,+9 Much like Denton, Kimbrough's building underwent various changes over the years. Sometime in the 1930s it was extended to Pecan Street.10 A one-story structure existed 10 ~7 r ~IE,AaNO age~daltem„~ _ where Meentzen's oven had operated, and the new building was built over it. Strangely, the west half of the extension still belonged to the owners of the adjoining property to the west; only a few posts marked the property boundaries. During the 1930s possibly at the time of the extension ornamental tin ceiling tiles and a soda fountain were added. Tobin and Kimbrough ran the pharmacy until the early 1940s, i when Tobin bought out his partner's interest and changed the name to the Tobin Drug Store. Dr. Wallace Kimbrough still owned the property and continued to operate his medical practice from the second floor offices.71 I Although Tobin Drug Store occupied the location until 1969, little remained the same. Dr. Harry McClendon rented Kimbrough's offices after the elderly doctor retired about 1950, ceilings were lowered, and a striped awning and modern sign added. Increased traffic prompted the adoption of a one- way traffic system around the square and the installation of parking meters, which were later removed. The property changed hands when Joe Kimbrough, then a vice president at Denton County National Bank, inherited the building from his uncle's estate in 1956.77 When Ray Tobin moved his pharmacy in 1969, Les Marshall, a former employee of Tobin's, removed the soda fountain and opened Leslie's Cameras on the location. Marshall purchased the building from Joe Kimbrough a year later. He added a false metal front and operated his camera store there until 1982 when he sold the property to Elaine and I +yenUaNo _ a~anoa item ~t,te 3 Milton Court for an art 1~0~96 gallery. Later that year Court bought the remaining portion of his lot from attorney Don Hickey.ro Financial problems three years later, however, put the property on the market once more. Charlcie Harper Towrion bought it with plans to restore the building and to open a - college-textbook lending library for students unable to purchase their own. Following Townson's untimely death, a variety of tenants occupied the building until artists Sharon Taylor and Mark McCord leased the space for an art gallery and fine arts gift shop and fulfilled To,:vnson's restoration dream. Together with a team of other artists, Taylor and McCord removed the lowered ceilings, sixty-year-old floor tile, and various indoor wall coverings. Underneath they discovered molded-tin ceiling tiles, hardwood floor, and original brick wall. The artists also found a rock-lined well in the dirt- floor basement under the origins} remaining structure.24 Bebe Olufsen, who purchased the property in late 1991, continued the restoration begun by Taylor and McCord. She removed the metal siding that covered the nearly ninety-year- old facade. Olufsen replaced the original wooden windows upstairs with metal ones, and the addition of a kitchen, bathing facilities, and closets fitted the upper floor for residential tenants. The apartment is presently rented and a beauty shop occupies the small retail space on the basement level opening onto Pecan Street.36 Today, Olufsen's Gifts and Gourmet occupies the principal retail space. Gourmet kitchenware and gifts nestle 12 ~9 Onda No +aenda!tam._.~.._ JC- against original brick walls, and customers browse on vintage wooden floors. The gadgets and utensils of the 1990s harmonize with the century-old surroundings. The building that has long been a part of the city's merchant district is not only a fine example of early twentieth-century comnercial architecture, but it reflects Denton's evolvement from a I small, nineteenth-century town to a progressive city about to enter the twenty-first century. In continuous use as a retail site since the 1870s, the property exemplifies Denton's strong tradition as a merchant center. I i 13 aa. ti ATTACHUHOTS ApondaNo C HISTORIC LANDMARK COMMISSION Agandallem- April 12, 1993 Date The regular meeting of the Historic Landmark Commission of the City of Denton was held at 5:00 p.m. in the Civil Defense Room of the Municipal Building located at 215 E. McKinney Street, on Monday, April 12, 1993. Present: Judith Abbott, Liz Bays, Judy Cole, Rita Holcomb and George Spuller Absent: Joe Bailey, W.A. Barker, Elinor Caldwell and Mary McCain Present from Staff: Frank Robbins, Executive Director of Planning; Jane Biles, Preservation Officer; Rich Dilugas, Director of Parks and Recreation; Janet Simpson, Park Planning Coordinator; and Donna Baker, Planning Technician i Others Present: Co,incilwoman Brock Chairperson Abbott called the meeting to order. 1. Consider the minutes of the regular meeting of February S, 1993. It was moved by Ms. Cole, seconded by Ms. Bays and unanimously approved (5.0) to approve the minutes of the regular meeting of February 8, 1993. F 11. Consider the final application for historic designation at 120 W. Oak Street. Mr. Spuller moved to waive the reading of the public hearing procedures. It was seconded by Ms. Bays and unanimously approved (5.0). e rt• Ms, Biles stated that Ms. BeBe Olufsen submitted her final application for historic designation for 120 W. Oak Street. She added that although the building still retained a modern aluminum storefront, extensive sensitive renovation of the upper facade and interior make designation appropriate for the property. eti io er• Ms. Olufsen stated that she retained Michelle Glaze to research the property and prepare the application. Ms. Glatt stated that five of the pages that were submitted with the application had some minor typographical changes and handed out corrected pages to the Commission. Ms. Glaze stated that she would answer any questions the Commission may have. In Favoi; No one was present to speak in favor of the petition. Opposed; No one was present to speak In opposition of the petition. t1A1~3NP 9.3 Historic Landmark Commission Minutes of April 12, 1993 r Page 2 of 4 a _6_5 Recommendation; Ms. Biles stated that staff recommended approval of the petition and commended the petitioner on the work that was put into the application submittal. ecis' n• Ms. Cole moved to approve the final application for historic designation at 120 W. Oak Street. It was seconded by Mr. Spuller and unanimously approved (5.0). The Commission agreed to discuss items III, IV and V together since Mike Cochran was not able to attend the meeting. III. Consider approaching the City Council regarding historic designation of O'Neil Ford Civic Complex. IV. Receive a report from Mike Cochran concerning plaque for O'Neil Ford Civic Complex. V. Receive a report from Liz Bays concerting O'Neil Ford Celebration Task Force. Ms. Bays reported that In researching that the estimated cost of the plaque showed to be approximately $700. The Task Force agreed that an appropriate site for the marker would be hi the Civic Center Park. The exact location has not been determined. Ms. Bays stated that one problem that has arisen are the SPAN Trolley Tours of the O'Neil Ford properties. She said that Janet Simpson, Parks Department, and Catherine Tuck, City Manager's Office, both have stated that they did not feel that they would be available. One option would be for each Individual to use their own vehicles though parking co!tld become a problem. The Celebration has been scheduled for July 24, 1993, Ms. Biles stated that in the morning, immediately following the ceremony, there will be speakers with tours of the O'Neil Ford properties later in the afternoon. Ms. Abbott stated that the process should also be started for the creation of a historic dimict. Ms. Bites stated that it would not be a district created but would be historic designation. Ms. Abbott agreed. Ms. Biles rec:vimended writing a letter to the City Cojncil, asking for consideration and to have the item on a worksession to discuss. The Commission agreed that Ms. Abbott would do the letter. aga~4a Mo q .`1 ~ ~i;anCa!ta ATTACHMENT 4 P & 'L Commission 1+ Minutes May 26, 1993 Page 3 IN OPPOSITION: None to speak Dr. Huey moved approval of the final replat of Lots 9,10, and part of 11, Block A, Bonnie Brae Bonnie Brae Addition; creating Lot IOR. Mr. Willis seconded and the motion carried unanimously (6-0.) 1V. H-93-001 Hold a public hearing and consider designating 120 W. Oak an historic landmark. STAFF REPORT: given by Jane Biles Ms. Bilcs said the applicant was Bebe Olufsen. There would be no zoning change, therefore infrastructure would not change. The request was to designate the structure an Historic Landmark. The historic designation would enable the owner to take advantage of the City of Denton's property tax abatement ordinance for "H° designated structures. If approved, the owner could apply for a 50% tax abatement for 10 years. Th° property underwent extensive Interior and exterior renovations in 1990-91 with the assistance of the Denton Main Street Programs. The structure is located on the square and qualifies for landmark designation as established in Sec. 35.215 of the Historic Landmark Preservation and Historic Districts ordinance. Ms. Biles said Ms. Olufsen more than adequately documented the history and significance of the structure. A consultant was retained to research and prepare a history of the property. Ms. Flemming asked if other buildings on the north side of the square had historic designation. She also asked what the designation would do to the tax base. Ms. Biles said Ms. Olufsen's building would be the first on the north side of the square to receive historic designation. She said as far as the tax base, you win a few and lose a few. The owner would be entitled to the 509o' tax abatement for 10 years. IN FAVOR: None to speak IN OPPOSITION: None to speak The public hearing was closed. RECOMMENDATION: The Historic Landmark Commission reviewed preliminary and final landmark designation applications and recommended approval on April 12, 1993. Mr. Cochran made the motion to recommend to Council Case #1493-001 for the 7F Agenda No ~"OQ4 Aganiaile P do Z Commission 9T Minutes May 26, 1993 Page 4 historic designation of 120 W. Oak. Mr. Glasscock seconded and the motion carried unanimously (6.0. VI. Directors Report: Mr. Robbins called on Jerry Clark for a report. Mr. Clark discussed the utility project on S. Teasley Lane. fie said the utility line { are being moved so Teasley lane could be rebuilt from a two lane rural section to a four lane urban section. It would be a 10 million dollar project. The city will spend 1 1/2 million dollars to relocate utilities. Mr. Clark explained that he was reporting to the Commission to keep them lnfor ncd. lie said the crews had an issue that involved an 11 1/2 inch Burr Oak. The area had two sewer lines and the new lines had to go between t.-lem, because the old ones could not be removed until the new ones were in place. The Burr Oak was in the way- the issue to the Commission. Mr. Clark said that the job wThere was n time to brin ill have oobe competed by August 1 or there would be a chance some funding would be lost. Staff issued a tree removal permit and agreed to replace the tree. Mr. Clark said that everything was being done to avoid removal of trees if possible. Ile mentioned that a $2,500 man hole was added to avoid the removal of two large pine trees. He asked for some feedback on how t)e problem was handled. Mr. Cochran said he felt like the staff handled the situation well. The tree ordinance was set up to protect trees but not to the point of stopping the works of government, especially if the trees are to be replaced. VII. Future Agenda items: Mr. Robbins said three cases would be coming before the Commission on June 9: 1, G way, and oldfield • resubmit the previous preliminary plat, abandonment of right of 2. Preliminary and Final plat, Minter Addition 3. Hunters Ridge • 156 acres, rezoning from PD to SF-16 and 7 acres to Office. (substantial down zoning) Mr. Harrell is to discuss the Vision program on June 9. VI, Work Session: Mr. Robbins said that the Zoning Ordinance Task Force completed rewriting the zoning ordinance. The process took about three years. n ~geaea No -O 11W" S\DRD%MlfioaIC.O Ag~rCa!19m a Q b' ATTACHMENT 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 120 WEST OAK STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OR ORDINANCESI PRO- VIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF: AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Historic Landmark Commission and the Planning and zoning Commission of the City of Denton have recommended that the property herein described be designated as a historic landmark in the City of Dentonf NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the property located at 120 West Oak Street, being more particularly described in Exhibit A attached hereto and incorporated herein by reference, is hereby designated as a histor- ic landmark under Section 35-215, Article V of Chapter 35 of the Code of Ordinances of the City of Denton, Texas. SECTION II. That said property herein described shall be indicated upon the zoning map of the City of Denton as t historic landmark by the letter "H", and the property herein described shall be subject to all the terms, provisions and requirements of Section 35-215, Article V of Chapter 35 of the Code of Ordinances of the City of Denton, Texas, and such designation shall be in addition to any other use designation established in the City's zoning ordi- nance applicable to such property. SECTION 111, That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Y SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause tho caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR i Agenda No Age~d~al,t,e~mC _ MeCa. L,1 ATTESTO JENNIFER WALTERS, CITY SECRETARY Bye APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCH, CITY ATTORNEY 8YS A/l , Ll A, i I l ' PAGE 2 i 1 A)endaNo q Agendaltem ~,e~-1Sorx EXHIBIT "A" ECAL DESCRIPTION i The following described property, to-wit: Situated in the City of Denton, County of Denton, and State of Texas, and known as designated upon the map or plan of said City of Denton as part of Lot No. One (1) in Block No. Five (5) and BEGINNING at the Southeast corner of said Lot No. One. THENCE North with the East boundary line of said Lot (1) One Hundred and Twenty (120) feet, the Northwest corner of said Loti THENCE West Twenty-Five 125) feet; THENCE South One Hundred and Twenty 1120) feet to the South Boundary line of said Lot; THENCE East Twenty-Five (25) feet to the place of beginning. 1 4 1 i 19 r 1 II((++ } a 1114 1 l t• i , a I fl CITY COUNCIL' tt L . +1'.~iE i I i 1. rE I~CO ♦ 0NC~~ttf1;i' 4, i t L) 01 li. IL.:J ~ ~j~l t . 1 1 = y ,4 r~ ~ 1 $ IEr rrr}. F, l i ~ r I.L. yll~l~llrll t{IL IL•' 1 L 111 Il. ~ .1 I. 1 llal. • .la llal_I l 1. a0enaaNo. 9~-aao apeeda~n+~.. ~~C" Qd1![.+nn DATE: I07 lS CITY COUNCIL REPORT , TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PRELIMINARY AND FINAL REPLATS OF LOT 40 BLACK A OF THE MINTER ADDITION, PLUS APPROXIMATELY 3.36 ACRES OF UNPLATTED LANDO INTO LOT 4R, BLACK A. r RECOMMENDATION: ~I The Planning and zoning commission recommended approval, with a 6-0 vote at a June 9, 1993 public hearing. ~3J1EY: The 3.589 acre site is at the northern terminus of Newton Street, and is traversed by Pecan Creek. There are no public improvements with this replat. The site is currently vacant, and is proposed for a single- family residence. The landowner to the south, Alico Distributors, in conjunc- tion with the Denton Independent School District, will landscape the area between their property and the newly- created lot, in accordance with ordinance 92-132. ~CAGROUNDs The current Minter Addition was created by a replat (including Lot 4) in 1992. Lot 4 was rezoned to SF-7, and the configuration of PD-26 wrs modified. The unplatted portion of this plat is zoned MF-1. City services and facilities, including water, sanitary sewer, electrical, and solid waste, are available to lot 4R. The replats conform to the minimum requirements of the Subdivision and Land Development Regulations) Chapter 34 of the Code of Ordinances. PAGE 1 kends No -CS Ageidalte S Lute. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: o7p Denton Independent School District. FISCAL IMPACTI None. Respectf lly submitted: Prepared by: ` loy V. Harre U City Manager G. Owen Yost, ASLA Urban Planner Approved: k 4bb4is FrankICP Executive Dir~'ctor Planning and Development ATTACHMENTSs 1. Location map. 2. Preliminary replat, 3. Final replat. 4. Portion of ordinance 92-112. 5. P&2 minutes. WNW PAGE 2 AgrJa Na nn~ 'C'~_~O I A,e^dalte~?f~2~.. P-93-OI7 ATTACHMENT I NORTH 3 d:~8 , DU woo 10 a ~El f. AI, 426 SYM T r c fK J R VISi~t A S DR, Dates 5/26193 Scale: None ~endaNo , ATTACHMENT 2 !?~Ie P-93.47 ~!o NORTH 1 i 1 t 'NORTH FORTH WORT14 BANK \ 1 'J 1199/P 203 ~ rowt Rl•C ¢ :ar o \ is SLOT 4RK'.. IV . . a,,AN..t.t,~•~~►R~ UK Elk? • ' o' t+M. Itrt9 + 1 ;0' SAN. :1.14-43 IL J. ssa LOCKS- C.! V.3$RVDSPM la P.J1?~ f!+, ,a`\ Y a rroe AFAM LoCAnom reNt S ~1 c. g F.O. . •as r.o~ tuv.- too e.~.c, :9.00 ~ :ewa~ "N drlt' • 8dS j r1aw , 41'10 ty Oi 4 jut 1 1a wri i G06 JD' cmxAL LOT 3 t+ tON1 PD•?~ I LOT 2 Date1 5/1$/93 Scab: None J Agenda No -q-!? b Agar daltem, g P-93.01►l / ATTACHMENT 3 says NORTH 9 -P ~ • ~ : s ~a 7e•rror. r ra, .J~s'r~~ 40>,60l LOT 4R ,~e►- IMF 11 _ \ '20' SAN, SEWER r )HN C, GAY, et ux ~ESMr. SiT/TSO `ORAINIG[ 10' SAN, S0(ft V T4,-'P 376 m csMr zs MT.`F LCp»ss c•JJ r n BLOCK A+ b~ r•"' 3,589 ACRES NN, ~ HUOSPETH C.J. ` SWEATMAN V,3246 P,317 V.979 P,116 ZONE A +r\r~~J+ 04)X. LOCATION , Of. I ~~`f ~ ORiIHAG[ • L •l•csMT e [ICV,• 67) S ScQ SUR, \~JJ•rJ. ! 06035'03111 267.00 " ` rs.TO . x 87.1213' w t63.!!' + s~ LO T v', v r ores 2c w c' T 1 r S 0 00'641' ~ rr 1 35316' r 30.00' t 39' GENE R4L r! rT L EAEE aENr LOT 3 LOT 2 `f -16' UTIL, EASEMENT BLOCK A MINTER ADDN. Mal Replat Daces S/18/'9J Scales Nmt 4QnnCa No 3 " AgiV ,rn S ATTMIMENT 4 6oF~ ti r WHEREAS, the itC y Coutr,,._ E be in compliance with the Denton Dever..,.. 1 ~ THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the zoning district classification and use designation of the 0.278 acres of land described in Exhibit A, at- tached to and incorporated into this ordinance by reference, is changed from Single Family 7 (SF-7) to Planned Development (PD) zoning district classification and use designation with conditions der the comprehensive zoning ordinance of the city of Denton, `_~txas, and shall be added to and included in Planned Development ,o. 26. ~A copy of the amended property boundaries for Planned De- velopment No. 26 is attached hereto in Exhibit B and made a part hereof. SECTION Ii. That in accordance with Division S of Chapter 35 of the Code of ordinances of the City of Denton, the property shall be subject to the following conditionst i. All conditions and allowed uses contained in ordi- nance No. 80-6, a copy of which in attached hereto in Exhibit C and incorporated herein by reference shall be applicable'to this 0.278 acre tract of lands and 2. In the event any protected tree is removed from the property, each protected tree removed shall be replaced with four (4) canopy trees (2-inch caliper minimum) to be planted as approved by the Planning and Development De- partment of the City of Denton. ncnm~nu rr~ Th~* fhe r`ihv~a Mffif~ial zoning map is amended +gendaNo ATTACHMENT 5 D R A MINUTES Planning and Zoning Commission June 9, 1993 The regular meeting of the Planning and Zoning Commission of the City of Denton, Texas will be held on Wednesday, June 9, 1993, and will begin at 5:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney. _ Present from P&Z: Chairman Engelbrecht, Katie Flemming, Mary Evelyn Huey, Ivan Glasscock, and Melvin Willis, and Richard Cooper. Absent from P&Z: Mike Cochran Present from Staff: Frank Robbins, Executive Director of Planning and Development; Owen Yost, Urban Planner; Mike Bucek, Assistant City Attorney; Lloyd Harrell, City Manager; David Salmon, Senior City Engineer; Robbie Baughman, Deputy Building Official; Cindy Cranford, Secretary Chairman Engelbrecht called the meeting to order at 5:15 p.m. I. Consider the approval of the minutes of May 261 1993. Dr. Huey moved to approve the minutes of the regular meeting of May 260 1993 as amended, Mr. Glasscock seconded and the motion carried unanimous 5-0. Mr. Cooper was not present for the vote. He came in at 5:20. II. Consider the preliminary and final replats of Lot 4, Block A of the Minter Addition plus 3.336 acres of unplatted land; into Lot 4R. ..J STAFF REPORT: by Owen Yost Mr. Yost reported the 3.589 acre site is located at the northern terminus of Newton Street, and is traversed by Pecan Creek. There would be no public improvements with the replat. The site is currently vacant, and is proposed for a single- family residence. The Minter Addition was created by a replat (including Lot 4) in 1992. It was simultaneously rezoned to SF-7, and the configuration of PO-26 was modified. The unplatted portion north of Lot 4 is Zoned MF-1. City services are available. The landowner to the south, Alico Distributors, in conjunction with the Denton Independent School District, will landscape the area between their property and the newly-created lot, in accordance with ordinance 92-132. The replats conform to the minimum requirements of the Subdivision and Land Development Regulations; Chapter 34 of the Code of Ordinances. They will be reviewed, with the recommendation from the commission, at a public hearing before the City Council on July 6, 1993. AgendaO 45-q N10 Mr. Glasscock recommended approval of the preliminarygaaand 3.36 final acres tof unplatted 1landA into eLotn 4R, ABlock A,pMs. Flemming seconded. Dr. Huey said did not see the distinction between the old and the revised plat. Mr. Yost one lot called 4RY Lot 4, now they new that the are adding a a said The motion carried unanimously (6-0). III. Hold public hearing and consider the final Plat of Lot 8R, Block 3 of the Wattam Addition. Being a replat of the eastern half of Lot 7 and all of Lot S. Chairman Engelbrecht opened the public hearing. STAFF REPORT: by Owen Yost. The site is .758 acres located at the northwest corner of Collins and Welch street. There is a vacant structure located on the side that has been used for a grocery store and a church if is being proposed for a fraternity meeting hall. Twenty three property owners were notified and no replies were received. Since the property is almost completely surrounded by lay-down curb, curbing will need to be dowellei into the existing curb and standard drive approaches will need to be established. fire flow for the area is development. The property was zoned PD with an approved detailed plan on April 6, 1993. Council approved the remove e the iexistinplat on Aril 6, 1993. The g residential dwelling and utilizet the wants for additional parking. The final replat conforms to the minimum requirements of the Subdivision and Land Development Regulations. Chapter 34 of the Code of Ordinances. RECOMMEIIDATION: The Development Review Committee recommended approval Present to speak in favor: none Present to speak in opposition: no Public hearing was closed. Bethe ing iaareplat of he Mr. 8R, Block c 3c of the Wa tam approval of eastern half of Lot 7 and all of Lot a. Mr. Cooper seconded and the motion carried unanimously (6-0). IV. Hold a public hearing and consider rezoning from the Planned Development district No. 19: a 4.71 acre tract to the office district with conditions on property located on the east side i +i + i , CITY 1 COUNCIL : ♦I} . all. i3 f 3 04 44 is 0 !pONOOO~pu y} t`'" i ~l 3.,,1 1 ♦.1#~J. 1 ,11. I.i. { 1 1 1 .+l.a .u..a u...........,!!..1.......+.. jP_ i i ~Mako , ~oanea« f? ante /CA9 ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS 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. J WHEREAS, the City has solicited, received and tabulated com- petitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services is shown In the "Bid Proposals" submitted therefor; and WHEREAS, the City Council. has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the beat responsible bids for such items: BID ITEM NUMBER NO. VENDOR AMOUNT 1502 ALL HOUSTON HUMMER $ 77,691.00 1506 ALL MUNICIPAL SERVICES BUREAU $ 11,000.00 1509 ALL PRIESTFR SUPPLY $ 10,117.50 1511 ALL GARICO INC. $ 16,699.00 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. agenda No 4~?.~.. ~o I SECTION III. That should the City and persons submitting ap- proved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, spec- ifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION V. That this ordinance shall become effective imme- diately upon its passage and approval. PASSED AND APPROVED this day of , 1993. I BOB CASTI.EBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMi ~ DEBRA A. DRAYOVITCH, CITY ATTORNEY I~ BYl 1 I J T AgendaNo~. ^~a6 Aflon09llo, S I}~~.~ l5= 3a ~ DATE: JUNE 15, 1993 CITY COUNCIL REPORT TO., Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID# 1502 - WILDLAND FIRE TRUCK i RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Houston Hummer in the amount of $77,691.00. SUMMARY: This bid for the purchase of a four wheel drive, brush/grassland fire truck. The chassis Is a Hummer vehicle and has a 200 gallon skid type fire fighting unit mounted in the bed. The bid also includes miscellaneous equipment necessary to outfit tha truck such as hose, nozzles and hand tools. This is a motorpool replacement for unit #213 a 1966 Ford Booster Truck. BACKGROUND: Tabulation Sheet, Letter of Recommendation from Chief Cook dated 6-3-93. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Fire Department, Fleet Operations and C tizens o Denton. FISCAL IMPACT: This unit will be funded from 1993 Certificate of Obligation funds approved by Council for fleet acquisitions. Initially $60,000.00 was set aside for this equipment. Resp ully su tte ~ d L y V. Harrell City Manager Approved: Name: Tom D.Shaw,C.P.M. Title: Purchasing Agent ~q~nE~.1q i BID 1502 ( I 1 I I 1 BECKER FIRE I NEEL ASSOC. I WAJAR-PACIFIC I FIRE IROUSTON RUMMER 1 BID NAME Wildland Fire Truck I EQUIPMENT I INC I FIRE I ATTACKER I 1 COMPANY I I EQUIPMENT INC I I 1 OPEN DATE May 18, 1943 I I I I I 1 . I I I I I I $ 1 QTY I DESCRIPTION I VENDOR I VENDOR I VENDOR ) VENDOR I VENDOR ~I I I I I I 1 I r 1 1 1 IFour Door Cab Chassis I NO BID I $69,000.00 I NO BID I $60,997.00 ( $59,791.00 I I I _I I I I I I 2 I 1 1Warning Devices I NO BID 1 $2,375.00 I NO BID 1 $1,950.00 I I I I I I I I I 3 1 1 1200 Oat Skid Type Fire I I I I I I 1 1 Fighting Unit I NO BID 1 $14,551.00 I NO BID 1 $330000.00 1 I 1 I I I I _I I I 4 1 (Auxiliary Equipment esiced I 1 I I I I I separately) I NO BID 1 ALL OR NONE 1 $20579.55 I 1 1 I I I I I 1 I 5 1 1 (Complete Unit Including I I I I I I I I Items 1-4 1 NO BID I $89,026.00 I 1 1100,100.00 I $77,691.00 1 I I I I I I I I I I I I I I I I Deliveryi 1 1 120 DAYS I 30 DAYS I 120 DAYS I 7S DAYS 1 ( A I f i 1 ~QBRda NO ~ "'a~ Age datta~ MEMO #93-048 $of'1 (Revised) 1 T0: Mr. T. Shaw, Purchasing Agent J. L. Cook, Jr., Fire Chief FROM: DATE: 3 June, 1993 BIIBJECTI BID AWARD 01502 h I have reviewed the four bid proposals received on Bid i ¢1502 foi the Wildland Fire Truck. Houston Hummer submitted the lowest bid and only took two exceptions. Their exceptions will not significantly impact the vehicle's performance. I know of no reason not to accept their bid of $77,691. We had $80,000 budgeted for this unit and are well within our target. Should you have any questions in this matter, please do not hesitate to contact me. Thank you for all your hard work and assistance in this matter. JLC/ bf Apo W-3 ~De~dal ['ate ' DATE: June 15, 19936 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1506 - WARRANT COLLECTION SERVICE RECOMMENDATION: We recommend this bid be awarded to the sole respondent, Municipal Services Bureau in the amount of 25% of fees collected. Estimated amount $110000.00. This is a one year contract for services. SUMMARY: This bid Is for the hiring of a firm to collect outstanding Municipal Court Warrants and provide a timely return of the dollars collected. Since the dollars collected and the warrants that are outstanding are variable and unknown the flat percentage fee has been determined to be the basis for bid award. Based on past records the $11,000.00 is an estimated cost of the collection service. Fourteen qualified firms were mailed bid request. BACKGROUND: Tabulation Sheet. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Municipal Court, Cashiering and Finance Administration. FISCAL IMPACT: This bid has no budget Impact since all fees paid will be from funds generated through the collection process. Estimated revenue is approximately $33,000.00. Respec f ly submitt Lio d V. 17srrell City Manager Approved: Name.. Tom D. Shaw,C.P.M. Title: Purchasing Agent ►~enda No. G Agaodalle BID i 1506 I BID NAME Warrant Collection Service I MUNICIPAL I 1 OPEN DATE May 18, 1993 I SERVICES J ( BUREAU I I DESCRIPTION I I { VENDOR ( I I I ~ Service Fee (expressed as a percentage) 25 1 Based on recovery only I I I + I Age~daNo. 3'~.~aQ Apend liem 80 f r DATE: JUNE 15, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID it 1509 - POTENTIAL TRANSFORMERS r RECOMMENDATION: We recommend this bid be awarded to the low bidder, Priester Supply, in the total amount of $10,117.50. SUMMARY: This bid is for the purchase of three potential transformers designed for metering and relaying applications. These transformers will be utilized at the Hickory Substation. Ten bid proposals were received In response to thirteen bid packages mailed. BACKGROUND: Tabulation Sheet, Memorandum from Dan Scott dated June 3, 1993. FISCAL IMPACT: Budgeted Revenue Bond funds for Electric Substations account I1811-080-RB87-F302-9217 with a balance of $38,739.19. Respe lly sub tted: d. Lloyd V. Harrell City Manager Prepared by: Name: Den so Harp ool Title: Senior Buyer Approved: ' Name: Tom Shaw, C.P.M. Titlb: Purchasing Agent ~q~nd~.lll I BID 1 1509 I } I 1 BID NAME POTENTIAL TRANSFORMERS I WESCO I SQUARE D , REASLER } POLELINS ( TECHLINE I C/0 ELOIN B. ASSO I ELECTRIC { OPEN DATE MAY 27, 1993 { { ROBERTSON I I 1 I } I I I I I l 1 ,QTY , DESCRIPTION I VENDOR I VENDOR , VENDOR j VENDOR I VENDOR I I I I I 1 I 1. 13 EAI POTENTIAL TRANSFORMERS I=3r633.00 EACH 113,760.00 EACH 1$5r300.OO EACH 1$3,398.98 EACH 1$3,900.0U LACH I I I I I I I I I I DELIVERY I 70 days I 84-98 DAYS 1 9 months 60-74 DAYS I 84-90 days { I I I I I I I I I I ! I I I I I I I I I I I I I I 1 I I I 1 I I j I I I I I 1 I BID 1 1509 I 1 I 1 1 I I I I i BID NAME POTENTIAL TRANSFORMERS } TEMPLE I PRIESTER I INO 810 RESPONSEI j SUPPLY I I I OPEN DATE MAY 27, 1993 I I I 1 1 I I I 1 _I 1 IQTY I DESCRIPTION I VENDOR 1 VENDOR I I 1 rI _I I , I INATSON ELECTRICI I I I I I I I 1. 13 EAI POTENTIAL TRANSFORMERS 1$5,870.00 EACH 1$3,372.50 EACH I IS & C ELECTRIC I 1 I I I I ICUMMINS SUPPLY I DELIVERY I 20-25 DAYS I 50-70 DAYS I j I I i I I I I I ~ 1+~ j j I I S I I ~ I I I I I I I ~ 4Aendako. Q 'doh Agenda I (ble 01~ to D CITYoI DENTON MUNICIPAL UTILITIES/ 901 -A Texas Street/ Denton, TX76201 MEMORANDUM ' Toe Denise Harpool, Purchasing Senior Buyer FROM$ Danny Scott, Foreman of Electric Substations ~Y DATEi June 3, 1993 5USJECTs HICKORY SUBSTATION BID 01509 rrrrrrsrrrrrrrrrrrnrrrrrrrrr.rrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr rrrr After evaluating the bids for Hickory Substations we have found Priester Supply to be the low bidder. Please award this low bid for the potential transformers for Hickory Substation to Priester Supply. The cost of the potential traneformers is $3,372.50 each for a total of $10,117.50. DS:th 06033011.WP cc: R. E. Nelson, Executive Director of Electric Utilities Jim Harder, Director of Electric Utilities Ray D. Wells, Superintendent of Electric Metering/ Communications & Electronics/Substations i I Agenda ke-'t Agendalt naie-6~ DATE: June 15, 1993 CITY COUNCIL REPORT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID N 1511 - SCADA SOFTWARE UPGRADE RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Garico Inc. In the amount of $16,699.00. SUMMARY: This bid is for the purchase of a field Interface unit for use with the SCADA Control Systems for the wastewater lift stations, upgrade. Included in the bid along with the interface unit is implementation of software upgrades and training of City of Denton personnel. BACKGROUND: Tabulation Sheet. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Wastewater Treatment Utility. FISCAL IMPACT: 1992-93 budget funds for Capital Improvements account number 625-082-0470-9 03 current balance is $104,788.79. Rosp fully s b tted: L oy: V. Harre City Manager Approved: Name: Tom . Shaw, C.P.M. Title: Purchasing Agent +o++e.as~ J AgraaNo. ApenaaIl -.--9 BID # 1511 I 1 ldie 4-- I I I 1? BID NAME SCADA SOFTWARE UPGRADE 1 GARICO, INC 1 AUTOMATED 1 I (COMPUTER SYSTEMI OPEN DATE JUNE 1, 1993 1 1 1 ; I I _I # IQUANTITYI DESCRIPTION I VENDOR 1 VENDOR 1 I _I I I I I 1 I I I I j I j ~ 1 1 1 I FIELD INTERFACE UNIT 1 $16,699.00 I $17,000.00 1 I I I I I I I DELIVERY 1 30 DAYS ( 15 DAYS 1 I I I 1 I ~ I I I I i I I ii ~t,J2 1 J ~ ~1111i 1 2 St r: k r.,. t:i3t # I T y .2 t# r C I ~:JCOUNCIL I~j1{ 214~ 77j {tI*~1}t+~~i i ; J~il i t a 1 i. i 11}} j ~ } Stil ^1 tir,Y~~li. 3, J ° I ~ii# , a i s o. EEC', :ii 3[.IC?G OR a 1 222 3 t. 7++ 3 !3~: AQft No Date - Ja ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREMENT WITH DR. RANDY L. PARK, M.D., FOR PROFESSIONAL SERVICES RELATING TO MEDICAL DIRECTOR OF EMS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING THE EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r SECTION 1. That the Mayor Is authorized to execute an agreement between the City of Denton and Dr. Randy L. Park, M.D., for professional services relating to the Medical Director of EMS, under the terms and conditions contained In said agreement, which Is attached hereto and made a part hereof. SECTION 11. That the City Council hereby authorized the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective Immediately upon its passage and approval. 1992PASSED AND APPROVED this the day of . - ~ ~ I BOB C STLEBERR ,MAYOR I ATTEST: i JENNIFER WALTERS3 CITY SECRET RY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCII, CITY ATTORNEY , Bx:~ i i i apendaNo. ~Q ag~n~e I le ' DATE: June 15, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: PROFESSIONAL SERVICES FOR MEDICAL DIRECTOR OF EMS RECOMMENDATION: Council approve an agreement for medical director services In an amount of 1,500.00 per month through September 1993 then $1,916.66 per month effective October 1, 1993 with Randy L. Park, M. D. This agreement has two (2) one year extensions that maybe executed and any salary increases must be submitted in time for consideration during the annual Fire Department budget process. 1 SUMMARY: Proposals were solicited for the position of Medical Director of the Denton Fire Department Emergency Medical Service (EMS). The Medical Practices Act provides that each facility providing emergency medical service should have a physician licensed by the State of Texas who is responsible for certifying the skills of the City's emergency medical service technicians and for supervising the emergency medical service technicians. Randy L. Park, M.D. was the sole respondent to RFP #1485 - Medical Director of EMS. The Fire Department desires to enter into this agreement with Dr. Randy Park who has satisfactorily performed the services of EMS Medical Director for the past 4 years. BACKGROUND: Agreement between City of Denton and Randy L. Park, M. D. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Fire Department and Citizens o the C ty o Denton. FISCAL IMPACT: Special Services account #100-060-0053-8502. Res fully sub t d: Lloyd . ac 6 2 re City Manager Prepared by: d-nq GZlG~- amer a an a H~ Title: Buyer Approved: Name: T aw,C.P.M. Title: Purchasing Agent ~p~ndsJll ACeoda NO.wo Apeldallem rwe_1 THE STATE OF TEXAS * AGREEMENT FOR MEDICAL DIRECTOR SERVICES BETWEEN THE CITY OF COUNTY OF DENTON * DENTON AND RANDY L. PARK, M.D. WHEREAS, Chapter 197 of the Medical Practices Act provides that each facility providing emergency medical service should have a physician licensed by the State of Texas who is responsible for certifying the skills of the CITY's emergency medical service tech- nicians and for supervising the emergency medical service techni- cians; and WHEREAS, the CITY and Randy L. Park, M.D. wish to enter into an agreement providing for Park's professional servicest NOW, THEREFORE, the parties hereto agree as follows: SECTION I. CONSIDERATION A. Compensation. CITY hereby engages the professional ser- vices of Randy L. Park, M.D. (MEDICAL DIRECTOR) as Medical Director of the Emergency Medical Service Technicians of the CITY, to per- form the duties and responsibilities set forth in state law and in this agreement. The CITY agrees to pay MEDICAL DIRECTOR for his services a salary of $1,500 per month from the date of execution of this agreement until September 30, 1993. MEDICAL DIRECTOR shall devote a minimum of twenty (20) hours service per month. i B. ruture compensation. On October 1, 1993, the salary of the MEDICAL DIRECTOR shall be increased to $1,916.66 per month. MEDI- CAL DIRECTOR shall continue to devote a minimum of twenty (20) hours service per month. Any future increases in the MEDICAL DI- RECTOR's salary will be considered in incremental advances with a request and justification presented by the MEDICAL DIRECTOR to the ' Fire Chief prior to the development of the Fire Department yearly budget. Any request for salary increase shall be submitted prior to March 1 of the year preceding the requested increase provided, however, no salary increase shall be in excess of 25% of the MEDICAL DIRECTOR'S salary at the time the request for an increase j is submitted. SECTION II. j SERVICES The MEDICAL DIRECTOR shall perform all services enumerated in MEDICAL DIRECTOR's proposal for the position of MEDICAL DIRECTOR, which is attached hereto as Addendum A and made a part hereof, for the CITY's Emergency Medical Services Program (Program). These i services shall include, but are not limited, to the followings 1 ~I agendaNa Rg~nda IM 1. Periodically review, evaluate, and update the emergency medical services protocols 'to be used by paramedics and EMTs in the field as directed by MEDICAL DIRECTOR. 2. Establish and administer, and teach in the continuing education program for Denton Fire Department Emergency Medical Services personnel. 3. Review records of ambulance runs and evaluate the per- formance of Denton Fire Department paramedics through such means as in-service examinations, advanced skills testing and ride/out evaluations. 4. Evaluate and periodically update Denton Fire Department Emergency Medical Services field procedures. 5. Interact with area physicians and inform them of any changes in procedures and answer any questions they may have regarding the Program. 6. Assist with the administration of Emergency Medical Technician classes which are held by CITY's Fire Department as needed. 7. Most monthly with the Fire Department Assistant Chief of EMS/Administration and Emergency Medical Services Pro- gram Manager to discuss, evaluate and direct the operations of the Program. 8. Prepare an annual report for presentation to CITY's City Council on the past year's performance of the Program and the present and future needs of the Program. 9. Comply with and fulfill all existing requirements of Chapter 197 of the State Hoard of Medical Examiners rules, and any future changes to said rules, pertaining to MEDICAL DIRECTOR. (The current rules are attached as Exhibit A.) 10. Comply with and fulfill all existing and future re- quirements of the State Board of Health's rules concerning a MEDICAL DIRECTOR. 11. Approve patient care equipment. , 12. Assist in the development of the Fire Department Well- ness Program. 13. Provide a minimum of one-half hour notice to appropriate CITY Fire Department personnel in the event MEDICAL DIRECTOR cancels any class scheduled pursuant to MEDICAL DIRECTOR'S ser- vices as provided in this Agreement) and in the evelit MEDICAL I Page 2 mill ell ed NO 4;e-daI~em ~ So f'f'" DIRECTOR fails to provide this notice of class cancellation more than five (5) times within a calendar year, MEDICAL DIR- ECTOR agrees that CITY may withhold a portion or all of one (1) month's salary of DIRECTOR. SECTION III. INDEPENDENT CONTRACTOR The status of MEDICAL DIRECTOR performing work related to this agreement shall be that of an Independent Contractor and not an agent, servant, employee, or representative of CITY in the perfor- mance of the Services. No term or provision of, or act of MEDICAL DIRECTOR or CITY under this agreement shall be construed as changing that status. SECTION IV. INDEMNIFICATION A. Subject to the provisions of Subsection B, below, MEDICAL DI- RECTOR shall indemnify, defend, and hold harmless CITY and all of its officers, agents, and employees from any suits, actions, or claim whatsoever that might. arise on account of any injury or dam- age received or sustained by any person or property as a result of MEDICAL DIRECTOR's conduct of any activity or operation in connec- tion with MEDICAL DIRECTOR's provision of services required under this Agreement. B. MEDICAL DIRECTOR shall not be obligated to indemnify, defend, or hold harmless CITY or any of its officers, agents, or employees when the injury or damage to a person or property is caused by the negligence of CITY, its officers, agents, employees, or the negli- gence of a person or persons not under the supervision or control of MEDICAL DIRECTOR. C. No provision of this agreement shall be interpreted to consti- tute a waiver of the immunities or limits of liability granted to CITY under the constitution and laws of L ~e State of Texas, in- cluding the Texas Tort Claims Act. D. The MEDICAL DIRECTOR agrees to be responsible for maintaining E physicians malpractice insurance coverage in the following minimum , limits: $2,000,,00 per occurrence. MEDICAL DIRECTOR shall provide a copy of the policy to CITY and any such policy shall provide at least fifteen (15) days notice of cancellation to CITY. Page 3 AgenlaNo. DD3~ Ageodaltom.,ra 6 a '7 BECT ION V. MIBCELLA2:EOtl8 A. Entire Agreement. This agreement embodies the complete agreement of the parties hereto, superseding all oral or written previous and contemporary agreements between the parties relating to matters herein; and except as otherwise provided herein, cannot { be modified without written agreement of the parties. 1 B. Assignment. MEDI^AL DIRECTOR shall not sell, assign, transfer or convey this agreement, in whole or in part, without the prior written consent of CITi. C. Notices. Any notice given by one party to the other in connection with this agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows: If to the CITY If to the MEDICAL DIRECTOR, addressed to: addressed to: City Manager Randy Park, M.D. 1 City of Denton 4405 N. I-35 215 E. McKinney Emergency Department Denton, Texas 76201 Denton, Texas 76201 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. 03CTION VI. TERM This agreement shall be effective May 1, 1993 and terminate April 30, 1994. The parties hereto agree that this agreement may be thereafter extended for a period of two (2) additional one year terms under the conditions set forth herein by notification in writing by the City Manager. CITY OF DENTON, TEXAS BY: LLOYD V. HARPELL CITY MANAGER Page 4 y AgeadaNo agoidaRem lO ATTEST: JENNIFER WALTERSt CITY SECRETARY 1 i BY: I APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHo CITY ATTORNEY I BY QE~ ID 1 MEDICAL DIR71wd BY: RAIPY PARK, M. D. ~ i 1~Pda~ltlnmd I ul , t Page 5 y tt I I ,CITY '#tCOUNCIL tit: lil,t~ rr{{ lit f to , y b~\settle.o Agenda No, ` Agendal C Date - lo l0 ORDINANCE NO. 1 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 HUNTER V. CITY OF DENTON TEXAS; AND DECLARING AN EFFECTIVE DATE. I THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I ~ SECTION 1. That the City Manager is hereby authorized to execute a Compromise Settlement Release of All Claims in the matter of Hunter v. City of Denton, providing for the settlement and f compromise of the litigation now pending between the parties in the I 211th District Court, Denton County, Texas, Cause No. 91-30371-211 I in an amount not to exceed Twenty-four Thousand ($24,000.00) Dollars in accordance with the terms of the Compromise Settlement Release of All Claims, a copy of which is attached hereto. SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval. , PASSED AND APPROVED this the , day of 1993. I BOB CASTLEBERRY, MAYOR ATTEST: 1 JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVIT CH, CITY ATTORNEY BYt~"~•%'' J i i I agan4aNo ~_-~o~, I` AgoidaIlam r Date.. V I ti NO. 91-30371-211 4 CAMI HUNTER, WAYNE HUNTER § IN THE DISTRICT COURT AND CARLENE HUNTER 5 § V. § DENTON COUNTY, TEXAS I THE CITY OF DENTON, TEXAS § f DAVID JOE BECKHAM, AND § 211TH JUDICIAL DISTRICT SUSAN KRISTINE TREXLER S i COMPROMISE SETTLEMENT RELEASE OF ALL CLAIMS FOR AND IN CONSIDERATION of the sum of Eighteen Thousand Dol- I Jars ($18,000.00) in hand paid this day by check, the receipt and sufficiency of which is hereby acknowledged, together with other good and valuable consideration, consisting of an obligation to directly pay any one health care provider selected by Cami Hunter an amount not exceeding in the aggregate Six Thousand Dollars and no cents ($6,000) for medical bills which are medically necessary and actually incurred by Cami Hunter between the date of this Agreement and Twelve months after the date of this Agreement in the treatment of injuries sustained by her, arising out of an automo- bile collision occurring on June 19, 1989 in Denton C:.unty, Texas, and made the basis of this lawsuit ("Other Consideration"), Cami Hunter, Wayne Hunter and Carlene Hunter, Plaintiffs in the above styled cause, do hereby release, acquit, and forever discharge Daniel Joe Beckham and the City of Denton, Texas, their elected officials, agents, employees, insurers and attorneys of arA from any and all actions, causes of action, claims (including subroga- tion claims), demands, liabilities, obligations, costs, expenses COWO nifl settlement Release of All elelns/iepe 1 T AgeluaNo a -fl A r Item We J _-_5 ~ SO ' and damages of any kind whatsoever, whether based in common law, i contract, warranty or tort, or upon constitutional or statutory rights, including but not limited to court costs, attorneys fees, damage to reputation, pain and suffering, grief, bereavement, loss 1 of consortium and companionship, mental anguish, loss of earning capacity, loss of profits, damage to and taking of property, court costs, attorneys fees, loss of services, actual, punitive and exemplary damages, and all other damages, whether known or unknown, and whether heretofore asserted or not, resulting or to result from, or in any manner related to the automobile accident which occurred on or about June 19, 1999, all as more fully described in i the pleadings on file herein to which reference is made for a more complete description; and do hereby agree to indemnify and save harmless said Daniel Joe Beckham and the City of Denton, Texas, their elected officials, agents, employees, attorneys and insurers, of and from all further claims, including subrogation claims, de- mands, costs or expenses arising out of the injuries and damages sustained by them as a result of said incident, whether or not included in a claim for damages. The undersigned understands and agrees that the amount paid under this Agreement is in full satis- faction of all damages arising on account of the above described accident, and that they will receive no further sums of money from Daniel Joe Beckham or the City of Denton, Texas, their elected officials, agents, employees, attorneys and insurers as a result of this accident. Capraetee Settl~t Aelem of All Cleler/Pope 2 ?~,eodaNo ~ ~7;;n~al~emi~5S It is expressly understood and agreed that Cami Hunter, Wayne Hunter and Carlene Hunter have already paid or will pay out of the aforementioned sum of 5ighteen Thousand Dollars ($18,000.00) and Other Consideration, all medical, doctors' and hospital charges received in the past or to be incurred in the futu:c by them and that they will defend, indemnify and hold harmless said Daniel Joe i Beckham and the City of Denton, Texas, their elected officials, agents, employees, attorneys and insurers, from any claims for such charges. i In further consideration of the payments made by the City of i~ Denton, Texas, Cami Hunter, Wayne Hunter and Carlene Hunter, ex- pressly warrant and represent that (other than medical charges discussed above) no assignment, pledge, sale or transfer of any right, title, interest or claim which is released herein has been made, except to counsel approving this Release. Cami Hunter, Wayne Hunter and Carlene Hunter further agree to indemnify and hold harm- less Daniel Joe Beckham and the City of Denton, Texas, their elected officials, agents, employees. insurers and attorneys from any claims or causes of action brought by persons or entities claiming a right, title, interest or claim in the matters herein released. It is expressly warranted by Cami Hunter, Wayne Hunter and Carlene Hunter that no promise or inducement has been offered except as herein set forth; that this Release is executed without reliance upon any statement or representation of any person or parties released or their representatives, concerning the nature toapromfee Settlement Release of All [lain/Page ! i i AC°rda No Aprdalmrn and extent of the injuries, damages and/or legal liability there- for; that acceptance of the consideration set forth herein is in i 1 full accord and satisfaction of a disputed claim for which lia- bility is expressly denied. FOR THE SAME CONSIDERATION, it is agreed that the above styled suit will be dismissed with prejudice with costs of suit taxed to the party incurring same. i This document contains the entire agreement of the parties i hereto. THE PROVISIONS OF THIS RELEASE ARE CONTRACTUAL AND NOT i MERE RECITALS. WITNESS our hands this the day of , 1993. CITY OF DENTON, TEXAS BY: LLOYD V. HARRELL, CITY MANAGER I CAMI HUNTER WAYNE HUNTER CARLENE HUNTER DANIEL JOE BECKHAM APPROVED: APPROVED: JERRY E. DRAKE, JR. JAMES W. COLESON ATTORNEY FOR DEFENDANTS ATTORNEY FOR PLAINTIFFS CITY OF DENTON, TEXAS AND CAMI HUNTER, WAYNE HUNTEk AND DANIEL JOE BECKHAM CARLENE HUNTER COW(alee 9ettl~t A.Iase of All Clelsx/Pa" 4 1 J a'i~,1%a1f6~1 ✓ ~ THE STATE OF TEXAS § COUNTY OF DENTON S BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Lloyd V. Harrell, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene Hunter, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that he had the legal authority to bind the City of Denton, Texas to such an agreement; and that at the time of execution of the release, Lloyd V. Harrell was completely sober, sane, and capable of understanding the character of his acts and E deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas CoWomlee Settl~t Release of All Clelea/Pepe 5 l Asa^da~tem'+s J~C THE STATE OF TEXAS COUNTY OF DENTON 4 BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Cami Hunter, known to me to be the person who executed the foregoing instrument and acknowledged to me that she executed the same for the purpose- and consideration therein expressed; that she executed the same as her free and voluntary act and deed after having it fully explained to her, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, I Texas, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene Hunter, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by her without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Cami Hunter was completely sober, sane, and capable of understanding the character of her acts and deeds and was in complete charge of all of her faculties and capable of executing this instrument and of understanding the significance of her acts. GIVEN under my hand and seal of office this the _ day of 1993. Notary Public, State of Texas Coepraelfe fellleerc t Release of All Clef/Poot 6 4~s~dal~a~rLf ors THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Wayne Hunter, known to me to be the person who executed the foregoing instrument and ackn>wledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the E effect thereof to be a mutual release between the City of Denton, Texas, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene Hunter, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by him without any 1 threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Wayne Hunter was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas coepraefce 6ettlewnt Release of All eleias/Page 7 Agenda No. 3 r V C~ Agend fiem~ r6 - THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Carlene Hunter, known to me to be the person who executed the foregoing instrument and acknowledged to me that she executed the same for the purposes and consideration therein expressed; that she executed the same as her free and voluntary act and deed after having it fully explained to her, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene Hunter, for the limited matter or thing dealt with in the foregoing instrument; and that the same was executed by her without any threat, force, fraud, duress, or representation of any kind by any person whomsoever; and that at the time of execution of the release, Carlene Hunter was completely sober, sane, and capable of understanding the character of her acts and deeds and was in complete charge of all of her faculties and capable of executing this instrument and of understanding the significance of h,.r acts. GIVEN under my hand and seal of office this the day of 1993. Notary Public, State of Texas r CoWomise Setttewent bteue of All Clair/Cage 6 Ago~daNo ~ ~~~G Agen alfem~ e Chae_C~.L,S to a~~ THE STATE OF TEXAS § COUNTY OF DENTON § BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared Daniel Joe Beckham, known to me to be the person who executed the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed; that he executed the same as his free and voluntary act and deed after having it fully explained to him, and after having read it fully, and after realizing the effect thereof to be a mutual release between the City of Denton, Texas, Daniel Joe Beckham and Cami Hunter, Wayne Hunter and Carlene Hunter, for the limited matter or thing dealt witin the foregoing Instrument; and that h him was executed b any threat, force, fraud, duress, the or mrepresentation of any kind by any person whomsoever; and that at the time of execu- tion of the release, Daniel Joe Beckham was completely sober, sane, and capable of understanding the character of his acts and deeds and was in complete charge of all of his faculties and capable of executing this instrument and of understanding the significance of his acts. GIVEN under my hand and seal of office this the 1993, day of Notary Public, State of Texas Conwaeite settleeent Noteeee of Alt Clem/Oepe 9 `I 14 1 tx CITY } COUNCIL hill I S •-iY T2 7 : ~~{I~1 1A ftia 1 # 1Jf4 I f2 'j 'tt ff I , 44 i 1ftt I # + 1 I ~i # It! '`QCOi f ti ~~f s p fi{. .o ` I 4 3..t.;:a / `t aaf `1., , ta.+}I Vim'^, ~ y 1 E ~ ~~♦1 J i r+ 1 1 I l t: i Z~tf i74+' ili+I 4 222 I I 13 d~ Mo. - a ~endait ~ CITY COUNCIL REPORT FORMAT /o TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Ordinance to Close Westgate Drive RECOMMENDATION: To close Westgate Drive north of Barrow permar.ently to create stability for the Westgate neighborhood I SUMMARY: Issue has been considered at neighborhood meeting, Traffic Safety, and P & Z. All recommend approval of closure. BACKGROUND: The need oni Hunt and north.as Phase eI whicheis heg outlet mall already a the west E. a lot of traffiv. Westgate is not needed to provide y capaacity. tecity. PROGRAMS DEPARTMENTS OR Q-ROUPS AFFECTED: Citizens, Hunt Properties, Police, Fire, Streets and Engineering FISCAL IMPACT: Saves $100,000 immediately. Can save as much as ten time; that much in future R . PEC ULLY SU ZZ Lloy Harre 1 Prepared by: City Manager 7 t~a~e/T t e Approved: N_mO/T t e AEE00168 4genda No Agendalle Dula zte WS CITY ODENWN, TEXAS MUNICIPAL BU1L01NG / 215 E. MCKINNEY / DENTON, TEXAS 76201 May 28, 1993 I Westgate Neighborhood ~f Re: Closing Westgate Drive The City of Denton would like to invite all interested residents of the Westgate neighborhood to attend a City Council meeting on June 15, 1993 at 7:00 p.m. in the Council Chambers at City Hall on 215 E. McKinney, Your input and guidance from the March 31, 2993 neightborhood meeting and Planning and Zoning has been very valuable. We are taking the closure to the city council for their consideration so your continued participation is important. sincerely, ''AA Je ry Cla k, P.E. Di a-.tor Engineering & Transportation xc: Exposition Mills File AEE0023A 8171566.8200 D/FW METRO 434.2529 I i Agenda No. D Ra endalt t~te s a CITY oI DENTON, TEXAS MUNICIPAL BUILDING / 215E McKINNEY / DENTON, TEXAS 76201 MEMORANDUM i DATEi May 27, 1993 TOa Rick Svehla, Deputy City Manager FROMi Jerry Clark, Dir9ctor of Engineering 6 Transportation SUBJECTi Closure of Westgate Drive at Barrow Westgate Drive has been requested for closure on the north end of Barrow. The neighborhood has been protected from construction traffic during the Mall construction with a temporary closure. This issue has been before the neighborhood, Traffic Safety, and Planning and Zoning. All recommended closure. The key issue is that the road infrastructure in this area is more than adequate to serve future developmont without Westgate. If Westgate is not closed, the rural, law volume characteristics of Westgate will be completely changed) mainly as people try to access the outlet mall and other associated Hunt developments or short cut around US 380. 135, Bonnie Brae, Payne Drive, and the Exposition Mill (east-west) arterial between 135 to Loop 288 and Loop 288 provide all needed capacity for the area. This neighborhood needs to be protected to help insure its coexistence with some high end adjacent land uses. Please consider closing Westgate permanently so the neighborhood can remain healthy with relation to property values, quality of life and low end infrastructure costs. if the road is opened, an immediate $100,000 is needed to repave the road. Long term, the road should be converted from rural to urban design with curbs and underground drainage to address speed, capacity, and safety issues. These costs could range from $500,000 to $1,500,000 depending on the size of street constructed (2 lane, 4 lane, 5 lane, etc). I Finally, the neighborhood wants the road closed. Location of the cul de sac can be determined later based on coat, design needs, and citizen input. In a related matter, the owners of Exposition Mille have asked to keep the short I section of Westgate south of their property closed. This piece of Westgate will eventually curve back to Loop 288. it is not needed for access to the mall. Since it is concrete and the owner has agreed to extend the maintenance and warranties on the road, it's actually a benefit to leave it closed. Staff has reviewed this and recommends it to you. ~ Js ry C AE 0 24D 8171588-8200 D/FW METRO 434.2529 Uganda No ~c Agenda Itam~s ilia 4a F' ~ ORDINANCE NO. I AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE INDEFINITE CLOSING OF WESTGATE DRIVE NORTH OF BARROW STREET; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Westgate neighborhood has indicated a desire for the City of Denton to indefinitely close a portion of Westgate Drive north of Barrow Street; and WHEREAS, the indefinite closure of a portion of Westgate Drive north of Barrow Street has been approved by the Citizens Traffic Safety Support Commission and the Planning and Zoning Commission; and WHEREAS, it is determined to be in the best interest of the Westgate neighborhood and the citizens of the City of Denton to indefinitely close a portion of Westgate Drive north of Barrow Street; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a portion of Westgate Drive north of Barrow ' Street shall be indefinitely closed as a public street or thor- oughfare. SECTION II. That the City Manager shall direct the appropriate City department to erect traffic control devices in order to imple- ment the indefinite closure of this portion of Westgate Drive. SECTION III. That this ordinance shall take effect and be in full force and effect from and after the date of 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: D SRA A. DRAYOVITCH, CITY ATTORNEY BYs~ {O- ~tJU~?~_- LLJ swims _ aa?iC 11 r - LdIQ__.._ 1 . I • r ~.*ss ?j 777- Q CLC6uAE C a ewe e HW 80 UNIV a o Z JIM CHRISTAL ROAD ~ssss ~ t , ~s s C1 x6 _ r~e~ da FJo 7 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 1 MEMORANDUM j I DATER April 8, 1993 TOa Planning 6 Zoning Commission FROii Jerry Clark, Director of Engineering 6 Transportation SUBJECTS Closure of Westgate Drive Westgate Drive 0 located in the northwest portion of the city junt to the east of 135 and the new Exposition Mille outlet mall. During the zoning case that you considered several months ago, the staff and neighborhood gave input that we consider closing Westgate Drive. it was closed during construction so that construction trucks would not create further damage to Westgate Drive and negatively impact the neighborhood. A neighborhood meeting was held on March 31st in the Civil Defense room. The attendees, results, and input are enclosed in the sign-in-sheet and Traffic Safety backup. The result of that meeting was a vote of 16 for an immediate and permanent closure of Westgate Drive and adding of a cul-de-sac, and 4 for temporary closure and opening once the thoroughfares were available such as east- west Westgate and extending Payne Drive. The neighborhood also had several other comments which are enclosed including building the cul-de-sac north of Barrow at Westgate. The major feedback of the meeting was that the majority of the neighborhood and staff feel this will become another short cut. Many people will use it to avoid dealing with heavy traffic, especially in the future 5 to 20 year periods. Currently, Westgate has about $00 vehicles a day on it. There were probably as high as 250 more prior to the closure. These were people coming in from small outlying towns ouch as Krum and Sanger using this as a short cut to avoid u9 77, 135, and Highway 360. If you look at the enclosed thoroushfare map, it clearly shows that Westgate is not providing critical infrastructure to the city. The high intensity node centered around Loop 288 will be more than adequately served by the thoroughfares in the area that surround it. 135 and Bonnie Bras are major arterials to the east and went of Westgate. All access to the Hunt and Payne properties will occur off 135. The James Brown property, which is still undeveloped, since it went back to the prior owner, can allow some residential type access to Westgate in the future. But again, the majority would be on Bonnie Brae which is a secondary arterial. There seems to be no major reason to keep the road open and to create the short cut opportunities. This issue was proposed to Citizens Traffic Safety, although not required, for their input and consideration. They were in unanimous agreement that the road needed to be closed. They were not as sure about the cul-de-sac, especially g D/F' :x1434.2° , No Planning and Zoning ~CGF~O Closure of Westgate Drive page 2 feeling that closure right at Barrow and Westgate would be more effective including rerouting of the driveways of the Walls who live slightly to the north to properly connect. I think the neighborhood could be satisfied with that solution. CTSSC is concerned that a cul-de-sac to the north would be creating an area for kids and people to park or have parties in. The cost could range as high as $50,000 for a cul-de-sac if the land had to be purchased. This probably would be a necessity unless all the property was taken off the Wall's. This would be a very unfair impact on them. We would have to approach them and the owner of the property to the east for land acquisition. That combined with construction costs for a cul-de-sac including drainage modifications could be significant. Doing some slight widening at Barrow and Westgate seems more realistic. We have invited the entire neighborhood to attend the Planning and Zoning meeting. We expect several to attend since they are very interested in this issue. ! There seems to be two main decisions that you will need to make. First, is the consideration of immediate closure of Westgate with a more permanent type of barricade The existing barricade is a small one that was intended only to stop construction traffic. we would need to put something that would run from right- of-way to right-of-way and possibly work with the Walla with some sort of fencing to prevent people from cutting through there. We recommend that the road be closed with this sort of construction immediately. The final issue is if the road should be closed permanently. The majority of the neighborhood was for permanent closure. Although, they were concerned about having only one access to the neighborhood, they feel that other accesses will become available as the James Brown property develops. If flooding or some other unforeseen situation would create a blockage on Westgate not allowing ingress and egress, a future circuitous route through the old James Brown property could be used only during emergencies. Long need torbe both the majority of staff and residents feel that this road does not Safety was notnsure nof thedpebe better served rmanent closure as tbeing hey are closed. Citizens to r be sflTraffic exible about future development. The residents of the neighborhood made land purchases based on a rural type environment, and the fact that Westgate has never been designated as a major arterial or collector, closure of this road will have no affect on future development. Please advise if you need further information. I will discuss this with you at the meeting. Thanksl *y V7C""'~ AES00239 o._ CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 1 April 8, 1993 h Westgate Neighborhood Re: Closing Westgate Drive The City of Denton would like to invite all interested residents of the Westgate neighborhood to attend a Planning and Zoning commission meeting on April 14, 1993 at 5:00 p.m. in the civil Defense Room at city Nall on 215 E. McKinney. Your input and guidance from the March 31, 1993 meeting has been very valuable. We are taking the closure to the Planning and Zoning commission for their consideration so your continued participation is important, sincerely, Ir P.E. Director of Engineering & Transportation xc: Exposition Mills File ASE0023A I ~ 8' "'-rr'•A';+n D/FW ~ , : -gin e?42b29 I v r; ,raFJD .Q.3_' I V ' fII Y b T Y drY p^Ed rd ral. + rmr rar Ydu m ralr firdl CI✓tSI Mail l mdy nar rdn enY.n n ih. roan ra drd lw dnr 1 Inter Office arur rd. r0.1 rrn Orr! n .r m"n 11 yr rea.Y ra. 1 THE WILLIAMSON AGENCY LI FE. HEAL Ym-ANNUITIES-PENSIONS E r II r~~ LONG TERM CARE A MEDICARE SUPPLEMENT 525 SOUTH LOOP 288. SUITE 8 1 DENTON. TEXAS 76205 'r l I ` 18171 628 1831 TO "/~F ~/f Y elt c.kl~ 01 / • DATE y-ice 9.3 J,A ec7-o ra eZ' ENwri~EC°~~~K w _<,oo1Mr*;r1e-L1 SUBJECT &-,0 7'y o F 7jC.IJ 7-CVA./ 2J~cIr~ /Qe,' Ll~s~r oo~~o',E', e/GAd'iol y J~Pdd7ZN 7k 76 ~ a 'o, - MASAGE u ~ d- d 04 PC 0404 obehhhol REPLY dCM rMEN rt :r.otK w. MIX .•nld I uSr SENOEE KEEP YILIO'/I COPY FOE YOUR FILE MAIL 'NHriF AND 00 COF'.FS MINUTES f~ Planning and Zoning Commission April 14, 1993 The regular meeting of the Planning and Zoning Commission was held on Wednesday, April 14, 1993 in the Council Chambers of City Hall, 215 E. McKinney Street. ; Present from P&Z: Chairman Engelbecht, Mike Cochran, Katie Fleming, Mary Evelyn i Huey, and Melvin Willis. Absent from P&Z: Richard Cooper and Ivan Glasscock Present from Staff: Frank Robbins, Executive Director; Harry Persaud, Senior Planner, Mike Bucek, Assistant CityAttomey; Jerry Clark, City Engineer; David Salmon, Senior City Engineer. Chairman EngeIbrecht caned the meeting to order. 1. Co ider approval of the minutes of the regular meeting of arch 10, 1993, and Marc 4, 1993. Dr. Huey mo to approve the minutes as correcte Mr. Cochran seconde and the motion carried }unanimously 5-0. Item IV. on the agenda; C ider the public hearing procedures was moved up to item 11. because of the one pu 'c hepng scheduled. 11. Consider Commission public hea . g rocedures. Dr. Huey asked for clarificat)'din of the first to under item 8 of the procedures "see attached% Mr. Robbins said /hilrobably meant 15 additi al minutes to speak. Dr. Huey stated, at if it meant 15 additional minutes, th %thepelitioner would have 30 minutes to bak. Mr. Robb16 said that it would depend on what the Comted. It could be reconciled in a couple of ways: 1. Give the Petitioner 15 minutes. F " a ho i Minutes tk~n _-93 Planning and April 14, 1993 Zoning Commission Page 2 2, Give other speakers from 5 to 15 minutes, ; 3. A speaker at a time could have only 15 minutes to speak under whatever category he is speaking, Mr. Engelbr t stated that he thought the ruk'was, the maximum amount was to be 15 minutes, o the Petitioner would be allowed another five (5) minutes for a total of 15 minut minutesDr. Huey moved to lete the phrase (Maximum time for anyone speaker is 15 Mr, Willis seconded and the otion carried unanimously 5-0, Mr, Cochran stated that any addi nal time would still be left to the discretion of the Commission, Mr. Engelbrecht asked if the first part o he statement would remain as part of the procedures. Dr. Huey said yes, the first part would remain written. She moved for adoption of the public hearing pr dures. Mr. Willis seconded and the motion carried unanimous y (5-0), III. Hold a public hearing and consider a street closure of Westgate Drive. STAFF REPORTr The Staff report was given by Jerry Clark, the City Engineer. Mr, Clark stated that he was presenting the affect of the Hunt Development, Exposition Mills. Mr. Clark pointed out that during the zoning case, one of the main concerns was tragic cutting through the Westgate neighborhood to get to the Outlet Mau. A neighborhood meeting was held on March 31st. The result of that meeting was a vote of 16 in favor of an Immediate and permanent closure of Westgate Drive and the addition of a cul-de-sac, and four in favor of a temporary closure and opening once other thoroughfares are available, such as east-west Westgate or the extension of Payne Drive, The neighborhood also suggested building a cul-de-sac north of Barrow at Westgate Drive. The City did put up a barricade as a temporary measure. Mr. Clark said that the majority of the neighborhood and staff felt that the area will become another short cut and many people will use it to avoid dealing with heavy traffic. Westgate has about 500 vehicles a day on it at the present time. Prior to the barricade there was at least 250 additional vehicles per day. The extra traffic was Minutes Planning and Zoning Commission April 14, 1993 Page 3 from people coming in from outlying towns using Westgate as a shortcut to avoid U.S. Hwy 77, Interstate Hwy. 35, and U.S. Highway 380. Mr. Clark asked that the Commission look at the thoroughfare map in order to understand that Westgate Drive does not provide critical infrastructure to the City. Interstate Hwy 35 and Bonnie Brae are major arterials to the east and west of Westgate. The James Brown property would allow some residential access to Westgate in the future. Mr. Clark emphasized that there seemed to be no major reason to keep Westgate Drive open. He told the Commission that the issue had been proposed to the Citizens Traffic Safety Committee, although it was not required. The Committee was in favor of the closure, but unsure about the cul-de-sac. They felt that the closure right at Barrow and Westgate would be more effective including re• routing of the Wall's driveway who live to the north of the property. Mr. Clark said that the Commission needed to make two (2) main decisions. First, would be the consideration of immediate closure of Westgate Drive with a more permanent type of barricade. The existing barricade was only intended to stop construction traffic. The closure would need to be extended from right-of-way to right-of-way, and possibly work with the Wall's on some type of fencing. Staff recommended that the road be closed with permanent construction immediately. The other issue, would be to close the road permanently. Mr. Clark stated that both Staff and the residents felt that the road did does not need to be opened and would be better served by being closed. The Traffic Safety Committee was unsure about a permanent closure. 't'hey were trying to be flexible about future development. The Closure of Westgate Drive would have no affect on future development. Mr. Clark said that the residents in the neighborhood made land purchases based on a rural environment and that they would like to maintain that rural setting. Dr. Huey asked if the Commission was being asked to make a recommendation only on the closure or the closure with : barricade vs a cul-de-sac. Mr. Clark said that if the Commission recommended closure, staff would like to be told as soon as possible. The proposal would still have to go to Council and then staff could begin the design process. The idea was to move as quickly as possible so that the problem could be resolved in a timely manner. Mr. Engelbrecht asked if it was possible to close the street at Bartow and realign [lie driveway. Mr. Clark said that would be the lease expensive way for the City. Mr. Engelbrecht said that if the road was closed at Barrow, in essence there would be a left hand turn going north. He asked if that was basically what staff wanted to 1 Minutes ~•b d 'tarn S # f Planning and Zoning Commission' April 14, 1993 1 3~ 9 Page 4 do temporarily. Mr. Clark said that if P&Z recommended permanent closure ,staff wou'.d pursue that option instead of the temporary closing. He said that staff was asking for some guidance. The City staff prefers to close at Barrow and redirect the driveway because it would be cheaper. Mr. Engclbrecht said that he did not would violate the Subdivision RegulationserThest street was too long. was needed. It i Mr. Clark explained that it would not violate regulations because it would not be a regular cul-de-sac. It would be a small turn around area to prevent people from using the driveways. I Mr. Engelbrecht asked if that could be stopped with a No Outlet sign at Payne Drive. Mr. Clark said that signs very rarely work. Mr. Cochran asked how far past Barrow would Westgate be extended with the cul- de-sac. Mr. Clark explained that he had not gotten into the dcsign Issue yet, but it would probably be right past the Wall's driveway, 100 to 120 feet north of the intersection. Mr. Willis said that it seemed that the Commission was hearing concerns of the neighborhood and staff. He asked if the details should not be worked out between staff and the residents and then presented to the Commission for recommendation or denial. Mr. Clark said that it was staffs intention to try and work with the neighborho?.i. He explained that people were getting tired of engineers telling them this is tb; way it is and you have to live with it. The residents like to be involved In things t1,at affect their neighborhood. Mr. Willis said that without all of the information that staff had, ! felt that the Commission could not make a decision. Staff should work out the details and bring a solution back to the Commission for recommendation to Council. If the solution was not agreeable it would then go to public hearing. Mr. Clark said that his recommendation was to vote to close Westgate and let staff work out the details on the cul-de-sac. He said that if the Planning and Zoning Agenda No of bg.~tiaflanl„ Minutes t~ts_~$- Planning and Zoning Commission 1~ 4f tp April 14, 1993 Page 5 Commission wanted to get involved they could but there was no need. Mr. Engelbrecht stated that staff was requesting direction for either a temporary or permanent street closure. He said that it seems that as Westgate develops it has the potential to become a collector street. Mr. Clark said that a residential street can hold up to 5000 cars a day. At the present time Westgate has about 500, so he did not think that it would have to become a collector street. Mr. Engelbrecht stated that because of the location of Westgate Drive there would be continued development and because 'r Is already established It would serve as a collector street. Mr. Clark said that it could be a"minor collector. If traffic was routed to arterial streets you might have 50 lots that will open onto Westgate. You would still not be exceeding the capacity. It would be more than a dead end street. Mr. Clark said that he did not think that It would need to be a collector street. It would collect from several neighborhoods but not a great volume and It should be controlled by closing the northern end. Mr. Engelbrecht stated that we do not know what is going to happen. We have some Idea what type of development will take place but not total. He said that he did not have a problem with temporary closure, but lie did have with a permanent closure. Mr. Clark explained that was why the issue was broken down. That way at the very least a permanent barricade could be put up and the neighborhood would know that the problem had been solved temporarily, and public hearings would be held In the future. Staff did not want to have the permanent closure as the only option. Mr. Engelbrecht asked if the Traffic Safety Commission had concerns about permanent closure also. Mr. Clark said that they expressed a little concern. They felt that it was an area where options might need to remain open. Ile said that personally, he did not think that under the circumstances that options needed to be kept open. Dr. Huey asked for staff to define temporary. Mr. Clark said that it would be a minimum of three (3) month, the time it could take for a new zoning case to come along and something different would have to be done. S. ApendaNo. S Agendalfo Minutes Planning and Zoning Commission 1 ' April 14, 1993 j-Q` Page 6 i The option would be left open. Dr. fluey asked where the actual closure would be. Mr. Clark said the closure would be at Barrow. Dr. Huey stated that the closure would be at the intersection of Barrow, Mr. Clark said that was not where the neighborhood wanted it closed. The neighborhood wanted it closed north of Barrow 150 feet. Dr. Huey said at the place where the current barricade is located. Mr. Clark said yes, but there would be a cul-de-sac. Dr. Fluey asked if the closure was at Barrow, what would the access be for people I who live north of Barrow. Mr. Clark said the City would have to rework their driveways, but there was only one house north of Barrow. TO SPEAK TO THE PETITION: Bill Williamson, Barrow and Westgate, Denton, Texas. Mr. Williamson said that he lived in the second house from the closure. He said that the traffic had increased a great deal from people who were trying to avoid going to the highway. He said that before the Outlet Mail went in, people would come through the neighborhood to get to Krum and Sanger. The Outlet Mail did not feel that the closure would hurt their business in anyway. They are getting sufficient flow from Loop 288 and the service road. The temporary barricade is just past Mr. and Mrs Walls. driveway. The Walls live in the last house. The City has just repaired the Wall's driveway because of the trucks that use it to turn around. He stated that what the resident a were proposing was to close the road and put Ina small cul-de-sac just large ern h for cars to turn around without using the Walls' driveway. The neighborhood Is rural and there has been several attempts at developing, but the money was not there. It would take years to develop. The lots are aU one (1) acre and face Westgate Drive. There are no homes on the other side of the road. The lots along Barrow are also large rural lots. He said that the residens want to preserve that rural atmosphere. Hopefully In the future Payne Drive can be extended to the highway and it would cut out a lot of the traffic. Mr. Williamson said that staff had been wonderful by letting the neighborhood have some Input Into the situation. He said that the other thing the neighborhood was concerned about was safety. He asked that the Commission grant ~o . pgri~~~3N0 i~-~J.J A da(►a~ Minutes z l1.cs Planning and Zoning Commission 1 I April 14, 1993 Page 7 a permanent closure. Jesse Coney . 3513 Granada Trail, Denton, Texas. Mr. Coffey asked if the rules of a public hearing for a street closure were the same as for zoning. He stated that he had received no notice and to his knowledge no one else In Westgate Heights received notice. Mr. Robbins said that we post a notice of public hearing, but there are no regulatory requirements for notice to be sent on street closures. Mr. Coffey said that Mr. Clark mentioned the change In designation from a sub,tandard collector to a residential street. He asked if that was going to be the case. Mr. Clark said yes, that was what staff was recommending. Mr. Enge(brecht said that staff had made no recommendation. Mr. Clark said that Westgate was shown on the map to be a minor collector street because of the development of the James Brown property, The Brown property never developed. Staff did not recommend at the current time that the designation be changed. If too many Issues are involved the case becomes confusing. What staff was trying to say was that by closing the street it would become a residential street. Mr. Coffey said that it was his wish that it be made a residential street. He also wanted to second what Mr. Williamson had said about the development. He stated that it had taken him five (5) years to sell 36 lots, and when Fox and Jacobs left they were selling homes at the rate of 35 per year. Bonnie Saffron • 3306 Darby, Denton, Texas. Ms. Saffron said that she agree with Bill Williamson there should be a permanent closure with a cul-de-sac. She stated that if the road remains open there would be a lot more traffic and it would eventually become a highway, especially at night when people are trying to get home afto-r the Mall closes. She also stated that there were children In the neighborhood that sometimes play In the street. Maria Lewis • 3101 Westgate Drive, Denton, Texas. Ms. Lewis said that she lived in the first house that faced Westgate. She said that the Idea when she moved to the area was that the house would remain In a rural area where they could raise their children and grandchildren. She said that when the street was open there was so much traffic that people could not even walk without being afraid for their lives. She i Aj ndai!em Minutes Planning and Zoning Commission April 14, 1993 Page 8 said that they felt that the street should be closed for the safety of the neighborhood and should remain closed. Cecile Carson • 1821 Concord, Denton, Texas. Ms. Carson said that she was at the public hearing In behalf of her parents who lived at 3001 Thunderbird, She said that their main concern by the closure of Westgate Drive would be the effect that it would have on Thunderbird, Carriage Hill, Greenway Club Dtates, and Westgate Heights. She explained that they were not in opposition to the closure of Westgate Drive because they understood the problem and had the same concerns the residents of Westgate had. She said that she would like the Commission to strongly consider when they do their Capital Improvement Plan, to move up the dates for Payne Drive to be extended through to Thunderbird. Ms. Carson said that because Bonnie Brae has been excluded from construction traffic, Thunderbird has become the industrial route for all of the construction vehicles, not only for Fox and Jacobs but also for part of Mr. Coffey's development. In addition to the problems already presented, the Westgate Heights had a large number of children. There are no sidewalks In the area and the lot size is 7000 square feet, The children do not a have a great deal of room to play so they retreat to the streets. Ms. Carson said that they would like to keep the residential atmosphere. She stated that the construction of Payne Drive was essential to the decision to close Westgate. Cut through traffic from North Ickes and North Central Denton come down Windsor and proceed up Payne Drive and make a left on one of the hvo streets that intersect Payne Drive and come out on Thunderbird. Ms. Carson said that her parents had almost been hit trying to get In and out of their driveway. Ms. Carson closed by saying that she knew that the decision facing the Commission was whether or not to close Westgate, but they were hoping that the Commission would give some direction either during the meeting or in their CIP Program for the extension of Payne Drive. Mr. Cochran asked if Ms. Carson felt that the closure of Westgate Drive would put a burden Thunderbird, but the burden could be alleviated by the extension of Payne Drive, Ms. Carson said yes, the residents have already seen an increase in traffic from the temporary closure, but the extension of Payne Drive would help. Chairman Engelbrecht closed the Public Hearing. FINAL STAFF REMARKS: Mr. Clark said that staff recommended the permanent closure of Westgate Drive with a cul-de-sac for turn around, Mr, Engelbrecht asked if the Commission recommended permanent closure would daNo Minutes - - CI'S Planning and Zoning Commission J April 14, 1993 Page 9 Mr. Engelbrecht asked if the Commission recommended permanent closure would it give the City the right to do away with the existing right-of-way. Mr. Clark said yes, some time in the future. Mr. Engelbrecht said that if that were the decision, it would be made without review of the Thoroughfare Plan, without Payne Drive being completed and at the current time there is no definite date for that to happen. Mr. Clark said that the extension of Payne drive has been recommended for the last five years. He said that he felt that it may come out of executive staff in the near future. It could possibly be seen by May. Mr. Engelbrecht said even that recommendation was coming from bond money we did not have yet. Mr. Clark said yes, none was authorized at the current time. Mr. Engelbrecht asked if there were further development along Payne Drive or Westgate would the traffic increase. He said that he had concerns about a permanent closure when there is no definite date to extend Payne Drive. We stand the chance of Increasing the traffic on Thunderbird. Until there is another plan to take care of the traffic in the other neighborhoods he did not see how the Commission could recommend permanent closure. Mr. Clark said that Mr. Coffey's subdivision feeds down to Payne. The Brown property was large enough where the development could be encouraged so that we would get routes more direct to Payne Drive or Bonnie Brae and not have a problem. Mr. Engelbrecht asked what would be done differently if the recommendation is temporary closure instead of a permanent one. Mr. Clark said that if the closure were to be temporary, the barricade would be extended across to the right-of-way. The staff would work with the Wali's to make sure that people did not do through their property. If the closure is to be permanent, Staff would begin developing a plan for a cul-se-sac. The barricade would be removed and the street crews would remove the road farther north. Eventually the right-of-way would be abandoned. 9. A q1.. Agr,ntlaltem t s Minutes Rue 6- Planning and Zoning Commission 14, 1993 April 1 Page 10 { Ms. Fleming asked if it would be possible for the Commission to get a copy of the report from the Traffic Safety Committee. that they were opposed to the closure She said that it was her understanding . Mr. Clark said that the report was included in the P&Z backup material. Ire said they were not opposed to a closure, just in doubt about a permanent closure. They felt that options should be left open. The Engineering and Transportation staff recommended permanent closure. Dr. Ifuey asked why the closure was to be at Barrow instead of where the barricade has been placed. Mr. Clark said it would be more expensive to build a regular 60 foot cul-de-sac with curb and gutters. The cost of that type of construction would be between $30,000 . $75,000. The small turn around at Barrow would be built quickly for about $10,000 10 $15,000. Mr. Cochran said that it was his understanding that the owner of the Brown property would be discouraged from using Westgate as an access. Mr. Clark said that the developer would have some access to Westgate, but he would have to design Ws roads accordingly. Mr. Cochran asked if that would hurt Thunderbird or Greenway CLub Estates. Mr. Clark said that the volume would not be as great as on Westgate. Dr. Huey about the Fotentlal of advancing Payne all the way through to the highway, Mr. Clark said that the Engineering and Transportation staff has been recommending that for a couple of years. One of the problems had been the tax roll values are going down and sales taxes had not been rising so the C.I.P. had actually diminished somewhat. The roadway could possibly be put in during the first year of the election to replace the section that has been repaired on the east end near Bonnie Brae and work to get the back end in later. Minor problems could be solved by adding asphalt. It can also be recommended for the C.I.P. program, Another issue that might help the Commission make a decision is the fife station at the north cast corner. Chief Cook needs Payne Drive open to get to the outlet mall quickly too. So fire safety issues need to be addressed. Mr. Cochran asked if Westgate was Chief Cooks current route. / 0, w- 7 Minutes Planning and Zoning Commission a0 O _ April 14, 1993 Page 11 Mr. Clark said yes, but that he could also get there by loop 288. If the turn around at Loop 288 is used it takes 3.52 seconds to get to the mall, 2 1/2 minutes by going up Westgate, and four m'nuoes going up Bonnie Brae. Mr. Cochran asked if limits could be set on. temporary closure, Mr, Engelbrecht said that there was not a reason to set limits at the current time, It could be brought back when there is some Idea when Payne Drive will be extended and we want to review the thoroughfare plan, Dr. Huey said that the closure would do more than any one thing to preserve the nature of the neighborhood which Is so important. The whole concept of the Planning and Zoring Commission was to try to help with definitions and to try to give some stability to those definitions, She stated that she thought that it would be to everyones advantage to move in that direction and establish that definition instead of waiting to see what type of development occurs. A permanent closure would help to define the type of development that would occur in the future, Dr. Huey moved to recommend permanent closure of Westgate Drive just north of Barrow, Mr, Cochran seconded the motion. The rsotion carried 44 with Fleming In opposition, The meeting adjourned to the Civil Defense Room for a work session. Mr. Willis had to leave when the meeting went Into the work session. 't'he work session was cancelled because three members were absent. 4 111. C ider the Annexation Policy Plan STAFF R)E Staff report v as given by Harry Per . Mr. Persaud stated that the Annexation Polirsented to the Co ssion on March 10, 1943. The Commission had asked for nsn t to re ' Mr, Persaud said that the policy was r being brought back for the Commiss consideration and input. He said that staff felt that it was an opportu,.ie At to adop Annexation Plan because of growth in our ETJ. Many outly'in i s want to develop laim land. The plan is needed to guide the Comml n and the City Council In ma , eclsions regarding ETJ Issues. Armexa ' are becoming more and more impo The City is doing one (1) "o (2) crses per year. The City's policy has been RVdQ aggressive anne on. Mr. F'essaud said that the Information on the annexations been Incorporated in many different sources, such as the City Charier, State aws, A[;914~N0 _ ~ ao lton.l CTSSC MEMO 1 March 71, 1991 page 2 based relate to the topography, shape, or other unique physical features of the property which are not generally common to other properties. The special or peculiar conditions upon which the request is r based did not result from or was not created by the owner's or any prior owner's omission. plgfid, This reest does not specialty covered by ordinants, The speculiarshepaeo ofrthe~property would seem to be that it fronts on two collectors so so%vs, adjustment/coneideration would be necessary. Tha third conditicn addresses the request not being created by the owners own action. Thir Is the marginal area of decision, rho owner could have clearly requested only one drive. The proposal seems to be In tact based on providing access for a melt supporting handicapped person which Ls a major positive especially with the new allow very specific variance* lth the t care based an consistency should c Act". versus perceived need. This seems to be that, There have been some misunderstandings between the patltionere and staff that we regret. We are not sure those compromised the situations but in the petitioners mind they did. We can provide ' details if needed. The real issue is whether the one drive versus the circular drive is variance provided it supports they that fool to measurable/realistic CTSSC reed. Approve he the data recommend t the i handicapped need is also valid, ITEM VISTuATE ETUM - 1tiaaCM 31. 19931 eWestgate Nesgate neighborhood d at was the asked existing barricade~c• and input as to closing Twenty residents attonded and provided the following input including oth alternatves. installi g a6cul-do-vac. Thei4sagai st wereetare er i The two eroutes woul Lb be an t extension Eof Payne to IIS and extension the Concerns of Neighborhood 1. worLx culvert n't be blocked In Pecan floods, crosses so one access route i 2. ia"wacul-de-sac so l4sdiveway which the City has had to replacer in the once already, 1. Repair damages from recent telephone cable work on hill. 4, Move +xit signs to Payne before people make turn up westg i INCP CTSSC MEMO j'" March 31, 1993 ~I page 3 f 5. Do not like mutes to subdivision through Greenwood rstaten versus using Bonnie Brae Mayor priority Is to get Pay:is Drive extended to I35 . City staff has requested the item be placed in Sth year of CIP prior to meeting. r 6. Develop another route to Westgate neighborhood when Hunt properties and old James Brown properties develop. Design so would not become shortcut problem. 7. Develop sidewalk along Payne to get residents to North Lakq Park. S. Strongly want Payne Drive repavsd so it is driveable and some want curbs, others like rural. All want ditches cleaned out so they drain and don't stand water. In the matter of closing a street, CTSSC is not currently a required decision. We would like your guidance and direction to rodent to P i I on April 14, 1993. They need to kn*w what your evaluation of the neighborhood recommendations are. !usuryi Staff agrees that the closing of Westgate is the best solutic:. to avoid another short cutting problem. Circulation is adaquate now for all residents and exposition Hills does not need this connection. We feel the majority of 16 people recommended a solution of closing Westgate now and adding a cul-de-sac. This solution is the best solution to keep retail and residential traffic separated. Attached are minutes from meeting. ITEM I4 8 ZZAT roR A MINIMUM CO NZg CLKARANCZ RSOUIUMINT vA_RIMCI. ON SQUTHAIDGR DRINK Paterbllt Corporation is requesting a minimum corner clearance variance for a proposed driveway on Southridge Drive at their new office at the corner of I.H. 3SI southbound service road (SBSR) and Southridge Drive. The existing condition of the facility has throe driveways on Hollyhill Lane, one on Southridge, two on the service road, and one on Woodbrock Drive. Paterbllt has agreed to close two driveways on Hollyhill Lane, and on„ on the service road. On the other hand, they are proposing an additional driveway on Southridge Drive, which is the subject of this request. In order to build proposed driveway, Paterbllt Is seeking variance of Section 34-115, article (9), paragraph (2) (p2411) of the Subdivision and Land Development regulation which stipulates a minimum corner clearance of 150 feet for an arterial /collector intersection. The service road is classified as an arterial in Us City's thoroughfare plan. Southridge is classified a collector. In order for the commission to approve a variance, the applicant must demoustrato that all throe criteria net forth in Section 34-1 (page 2372) of the Subdivision and Land Development Rf7ulations are I Agor.daNo D Agrrdaltem,d 6~b crrY o! orNr0N, TEXAS MUNVPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 March 22, 1993 r Westgate Neighborhood Res Closing Westgate Drive The City of Denton would like to invite all interested residents of the Westgate neighborhood to attend a meeting on March 31, 1993 at 600 p.m. in the Civil Defense Room at City Hall on 215 E. McKinney. Exposition Mills is now operational with all traffic coming off the 135 and Loop 286 frontage :,()ads. Hunt Petroleum is satisfied with the level of service these roads provide for access to their development. The City of Denton would like to receive your input as to the closing of Westgate Drive at the current barricade. The future status will also be discussed as to whether the closure should be permanent. The second option would be closure until a four lane roadway is constructed from 135 to Bonnie Brae. This would eliminate the need for short cutters to come through your neighborhood. Please consider the above information and plan to attend the meeting. We need you to give us direction that could affect the future of your neighborhood. This will not be the final public input period as the ordinance would have to be approved by Citizens Traffic Safety Commission and City Council. Sincerely, rr ark, P.E. Director of Engineering 6 Transportation xc; Exposition Hills File AEE00220 0 --'504.0100 D/F", "!c•'O434•?F^q ndlo 'J~v~o r m_-z-r4 7 ! ,+~e~~~'~.- GEC r14411ze e 37/t A'oeQr' r -___---K4t~ :a..,-_~1L.~•4u-. ~ ~ _ --------tom - i ~ - .tea ` ` _ ~ ~~z. J-14efloflz van ItnK+nf y T[Ifb ..TGnICin1 33L~ ~fG /Jr~ rG 565-0636 - ICI _Woo ff tL L • ltJ4f - 566 cLJ7,~. _ re 2 3~X-X.r: ~r_fC4- MOtr I n_L~fvl'S-~+ I '6 J ' '~4 Te / 3~pc A6 ~D 6fX -5 7okn/ M_kas6AI r ~antlaNd ~ . q~;ndallsm ~~~a~s f - - - ---t-- - - 1 1 i ____---~-r----------- ~ - - ~ r . ~ . I ~ ~1 I ~ n I t 1 ~ Ace daNoq ~ ~~~Rdaltam ~ JAN JENKINS, D.O.S, x(70 1400 CRESCENT, SUITE 8 DENTON, TX 74201 TELEPHONE: 18171 588,1042 AN 2 de wv c. C,J.c 611-4. Iw el. 17 L! 1 1 11 i,'~T ♦ l u~#~~~1+ #~t 1 ~ 3 2$ Fri: # + } + f t Y1: CITY COUNCIL, t irr#i, I ~I`l j{}1111 1z1rJl#.' # 1 }f. TITI { 2 2? rE ttl 1. T. I i #l. 7 T. { waa i~- ` vl l I}} ]1 ;i r jj1 1144 H 224 1' I.l. .la E. N .111~i. i31J ll.~a a1. ApiAdINO. C~[~ ApenQal -QITY COUNCIL REPORT FORMAT rQ TOi Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Downtown Square compact car parking ordinance INN; The Citizens Traffic Safety S'ipport Commission (CTSSC) recommends approval SUMMARY: When larger vehicles are parked in subject parking areas, corner sight distance of emerginry cross street traffic is impaired. Designating these areas for compact car parking would eliminate this potential hazard. There will be a total of 25 compact car spaces. This actually will add two extra spaces on the square, assuming we have no sight problems. BACKGROUND: since the new parking arrangement that added more angle parking on the Square was implemented in 1992, staff has received many complaints regarding corner sight distance obstruction from motorists emerging from the cross streets, especially from Walnut into Elm and Pecan into Locust, respectively. The Downtown Parking Committee and City Police are in support of designating the worst problem areas for compact car parking. The Citizens Traffic Safety Support Commission is also in favor of this change in these areas. PROGRAMS. DEPARTMENTS,, OR.GROUPS AFFECTED: Engineering and Transportation Department, Police Department, and the general public FISCAL IMPACT: About $500 for signs and markings AEE00168 Ili AQVIO No Agonil~ a ~t7.k~1~4 9 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. WKINNEY / DENTON, TEXAS 76201 MEMORANDUM I I DATE: May 28, 1993 TO,. Rick Svehla, Deputy City Manager FRAM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Compact Car Ordinance The City Council previously approved Ord. No. 92-120 to establish parking on the Square on July 21, 1992. This ordinance has had a reasonable trial period. A great deal of feedback on modifications for new angle parking have been received. Large vehicles such as suburban and vans extend to the very edge of travel lanes. This greatly reduces the line of sight for vehicles making turns. At two locations on Elm and Locust the problem is severe enough that it needs immediate attention. The recommendation to mitigate this problem was to require compact car parking only in these areas. rho spaces would then only be 8 foot wide and 16 feet long. Compact vehicles are normally small passenger vehicles that are easily seen over or around. This ordinance been considered by the Square ar ComnissionCommiand the citizens Traffic Safety Support Both recommended approval. Please call if you need further information. Je ry F AEE0024D 8171566.8200 D/FW METRO 434.25F9 { I 1 Agenda No~L2-~Q ApnC/a O Dz~e.I~_`.~~ . MEMORANDUM DATEI February 25, 1993 TO: Citizens Traffic Safety commission ?Rome Paul Iwuchukwu, CTSSO Liaison SUBJECTS Traffic Safety Meeting March 1, 1993 3 ITEfi_tt APPROVAL OF FEBRUAPI 1 1993 MIh a. ITEM 12 AHERDMENT OF_THE DOWNTOWN FARRINO 0 Dr WC3 + The request for amendment of this ordinance to incorporateincludingcertathein Safety improvement measures arose from several sources motoring public, downtown. area merchants, the Downtown Parking Committee, and from City staff's observation. Due to corner sight distance impairment of emerging cross street traffic at certain intersections, this request propofes certain parking areas be designated for compact cars only. These areas include3 Elm Street from Walnut to Hickory, west side Elm Street from Walnut to Hickory, east side Locust Street from Oak to Pecan, west side Also, yellow paint will be used to provide adequate corner tight clearance at some problem intersections. Most critical areas include the intersections of Elm and Walnut, Elm and Mulberry, Cedar and Oak, and Cedar and Hickory. Stop bare will be installed on the northbound and southbound approaches of Cedar at its intersection with oak Street. Staff recommends approval of this proposal. We must note that the limited compact car spaces is because the city's toning ordinance limits coo act car parking to a maximum of 10 percent of total spaces available. MINUTES Citizens Traffic Safety Support Commission March 1, 1993 PRESENTt John Erwin, Alice Core, Eric Jackson, Edna Redmon, Carolyn Brown, Carl Gusset Betty Duncan, and Doug Chadwick, Chairman ABSENTt George Kay _ STAFFS Paul Iwuc.hukwu, Staff Liaison Manuel Coronado, Traffic Supervisor Jim Dotson, Police Department Lois Scobee, Admin Secretary i~ STEM 01 hPPROVQ OF FEBRUARY 1. 1993 MINUTESt i Erwin made a motion to accept the minutes as written. Guess seconded the motion. Motion passed unanimously, ITEM 02 fMZKDjiBNT QF THE DOWNTOWN PARKING ORDINANCEt 'Cwuchukwu said this request is a result of several complaints received from the general public, the downtown parking committee, and merchant on the Square. Because of the new parking improvement on the Square, vehicles park very close to the travel lance, especially on Elm and Locust. Problem 01 is there exists a potential for a serious ocoident when , vehicles are backing out of the angular parking spaces on Elm and Locust Streets. Problem 02 is lack of adequate corner clearance when you are approaching an intersection from some of the cross streets, especially at Elm @ Mulberry, Cedar @ Oak, and Walnut a Elm. Those I three intersections generate the most complainte. Then there is Cedar ® Hickory, and Pecan 0 Locust. People have complained about not having corner sight distance at those locations. Due to the restriction in the ordinance that limits us to a maximum of 104 compact car parking, we deeded to limit compact car allowance to three locations - Elm Street between Hickory and Walnut, both sides, and Locust between Pecan and Oak Street, west side, These arean are the areas staff requested compact car parking only. Then staff will , use additional traffic improvement measures to provide adequate corner clearance at the other locations, Staff will use yellow paint to mark out corners 30' from the curb return at signalised intersections and 201 from the curb return at unsignalised intersections - Him 0 Mulberry and Elm Q Walnut. Problem .43 in cedar and Oak. There is c~irbing that enrroachus wall into the travel area on Oak Street, If you are northbound, or southbound on Cedar, you will have to advance well into the intersection to see r'.ght or left. It is because of the angle parking. Staff will move the stop bar 61-71 from the location using highly visible markings. Problem f4 is Cedar and Hickory. Yellow paint will be used to provide additional corner clearance or sight view triangle. This request has been passed through the Downtown Parking Committee. ti CTSSC MINUTES March 1, 1993 r page 2 S i Jane Biles was present to speak in favor of the request. Biles came forward to address the commission. She said that the compact parking on Elm street needs to be on the other side of the street, against the Hickory street office building. Iwuchukwu said it would be both sides. Erwin asked if there was compact car parking anywhere also in the city. Iwuchukwu said there is compact car parking at the senior { Center on Bell Avenue and it seems to be working well. Chadwick asked what would be done on signage in these designated areas. Iwuchukwu said staff would post signs that say "Compact Car Parking Only", one for every five spaces. Bacon asked how many spaces that was on each side. Iwuchukwu said approximately 22. Chadwick asked Biles it it was more favorably to group them together 1 rather than scatter them out. Biles said it is not so much to create an. area for compact parking as much as it is to control the lJ size of vehicles in the area due to visibility on cross street sections - Walnut and Pecan. If you are parked on the downside of Elm street beside a large vehicle, it's hard to see to pull back ` into traffic. Bacon said that seems to be a problem all over the Square. twuchukwu agreed. Normally, in most downtown areas you don't see angle parking. If you see angle yarking, it is normally 150 or 304. These are 450. The problem is the same thing mentioned by Biles which is choosing between parking, maximizing parking spaces, and providing for maximum safety. It is a problem but the only way to solve is parallel/curb parking. Angle parking is only seen in downtown areas where now designs were performed with a provision for very wide right-of-way. Chadwick said you can contrast this with the West End in Dallas. It's a mess. But, this was a compromise with the Downtown Parking Committee to get more parking spaces on the square. Chadwick said the an*ndment would include these things mentioned but there would be sooe enhancements like moving the stop bar on Cedar and Oak, What's moving that 6' forward going to do with the crosswalk? Iwuchukwu said there is no crosswalk there. Chadwick said a painted one. Is liability created? Iwuchukwu said staff would address it when moving the stop bars. Bacon asked if there was going to be difficulty for people with full size cars to find a spaco. Iwuchukwu said people with full size cars may have to circulate more to find parking spaces. Bacon asked if that's going to affect the businesses. Giles said they would rather have compact parking than have the parking spaces return to parallel parking. Chadwick said the Downtown Parking Committee has spent a lot of time going over the parking spaces and the Commission had some input into Apla NO -13:9 A g s a d a hm., CTSSC MINUTES IF'i9 « March It 1993 R page 3 that. Everyone knew there would be some problems that would have to be addressed. Silas pointed out parking areas for each building that full size cars could use. STAFF RECCHNENDEDs Approval CommISSIomsi Guess made a motion to accept staff's recommendation. Jackson seconded the motion. Motion passed unanimously. I • I i I I E' . \W DOC $ \ORD \COWAC 1 C. 0 No ~aa:,~a tem. ORDINANCE NO. _ AN ORDINANCE OF THE CITY OF DENTONs TEXAS, PROVIDING FOR DESIGNA- TION OF PARKING SPACES FOR EXCLUSIVE USE OF COMPACT CARS ON POR- TIONS OF ELM STREET AND LOCUST STREET: PROVIDING FOR A PENALTY NOT TO EXCEED $200 FOR VIOLATION THEREOF; PROVIDING FOR A SAVING CLAUSE: PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: i SECTION I. That pursuant to section 18-96 of the Code of Ordi- nances, the City Engineer is directed to designate and mark "Com- pact Car only" parking spaces in areas where parking is to be limited to compact cars. i~ SECTION 11. That the terms "compact car" or "compact vehicle" shall mean a vehicle which can be parked completely within a parking space measuring eight (8) feet by sixteen (16) feet. SECTION III. When signs are erected giving notice thereof, no person may park a vehicle other than a compact vehicle in a parking space within the zone upon the following street or portion thereof, in the City of Denton, to-wit! 1. Both sides of Elm Street between Hickory Street and Walnut Street; and 2. The west side of Locust Street between oak Street and Pecan Street. SECTION IV. Any person who shall violate a provision of this ordinance, or fails to comply therewith or with any of the recimire- ments thereof, or of a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Hundred Dollars ($200.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any ouch violations such per- eon shall be punished within the limits above. ' SE IGT ON V. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application tbereof to an person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the valid- ity of the remaining portions of this ordinance, and the City Coun- cil of the City of Denton, Texas, hereby declares it would have en- acted such remaining portions despite any such invalidity. I agClld~NO h.~ SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage, PASSED AND APPROVED this the day of , 1993. i 1 BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: - APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCN, CITY ATTORNEY BY ~I I Page 2 ti i DENTON SQUARE PARKING PROPOSAL STUDY AREA PRELIMINARY r~ w w ~r w w y~ w w r w~ r w ~q w r r w I sL~PECAN ~J i _ T I o OAK ~ ~o MIND I E] 2 HOUR PARKING I fw m 2 HOUR PAWNG COMPACT I a x I` <c , A DU LATER i 4R7 " W n ] f? -Mc a I" O TRANSfU O f b IbANNG ZONE I f HC HANDICAPPED SPACE ~p a d L }~ICKUFi 7' I Lo I ~I Mme' f Li: MC =I MC I NI MC Tpk f 1 I WALNUT ~ w w w w . ~117117 w w STUDY AREA w w r w~ ~ fL4 CITY OF DENTON ENGINEERING AND TRANSPORTATION DEPT. i 14 C I TY `t II. 1 + t - +41+4-7.i 1COUNCIL; itt p, its 1~ v k s LIT 1 if~~ d a ~ ~}tI i t7+r, -0 4 1- l 41 ,i r$+,;; 141 t 14. Benda h'o - 4g+nda+r 1 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROMr Lloyd V. Harrell, City Manager SUBJECTi Consider adoption of an ordinance authorizing the City Manager to execute an agreement with the Texas Department of Health to provide full cost grant funding in the amount of $20,000 for upgrading the fluoridation system at the City of Denton Water Treatment Plant. The Public Utilities Board recommends approval, RECOMMENDATIONSs The Public Utility Board and utility staff recommend that the City Council approve the attached ordinance to obtain grand funding ;rom the Texas Department of Health to upgrade Denton,s fluoridation system. SUMMARY! This contract will provide grant funding from the Texas Department of Health totaling $20,000 to upgrade the City of Denton s existing fluoridation system at the Water Treatment Plant. The present system utilizes a dry powdered form of fluoride (sodium silicofluoride) and includes a manually-loaded dry chemical feeder, a dissolving tank and solution transfer pump. The upgraded system will utilize a concentrated liquid form of fluoride (hydrofluosilicic acid), a 6,000 gallon bulk storage tank, a 55-gallon day tank and a chemical metering pump. BACKGROUND$ The existing fluoridation feed equipment wds installed with the Phase I2 Plant Upgrade construction completed In 1988. This dry feed system was simildr to the system previously used at the water plant prior to the m previous odifications of rapid mix equipment, Although this chemical feeds equipment, It manual not require a solution dissolving tank or piped solution of the chemical to the rapid mix unit. With the design modifications of the rapid mix equipment, the new fluoride feed equipment was required to lntro&sce the chemical via a solution pipeline into an in-line rapid mix unit under pressure, i ~gend,aNo i ~~~~ndaitnm~s This System has proven to be a~ oor solu- and unreliable over the years dues to thee pint bility of the dry feed chemical and associated ode- Thistsy3temdalsoo exposes t e pla t ooperationsiand maintenance personnel to the increased risks of lifting injuries or chemical dust contact. The proposed upgraded fluoride system will utilize a liquid feed system, similar in nature to the liquid feed equipment installed at the plant in 1983 for _ feeding ferric sulfate and caustic suds. This equipment has been very reliable over the years and allows for pneumatic unloading of the chemicals from the chemical suppliers' tanker trucks to the bulk, storage tank. This minimizes the worker exposure to dust and lifting injuries required to transfer bagged chemicals to dry feed equipment. The cost of the liquid form of fluoride chemical is alno approximately 201 less on a pound-per-pound active ion basis. PROGRAMS, GROUPS, AND DEPARTMENTS AFFECTEDt Citizens of Denton, Denton Municipal Utilities and the Texas Department of Health. FISCAL IMPACTt The purpose and intent of the grant is to cover all of the capital, labor and administrative expenses associated with the project. The funding level established in the grant ($20,000) was determinad by the engineering staff of the Texas Department of Health, Fluoridation Program, Bureau of Dental Health Services. The projected annual savings in chemical costs associated with this conversion is $3,700. _11 SPE ULLY SUB I Lloyd Harrel , City Manager Prepared ~b'fr1yl+te.,= i'1te F1T r o - Water Production Manager 1 ~7enc~aNe. o Approved by; f a3 Pdaltem S S R.E. Nelson, - 3Q Executive Director of Utilities Exhibit it Texas Department of Health Letter Exhibit II: Texas Department of Health Contract Exhibit Iii; Texas Department Of Health Fluuridation Program k LJ i i MAY Texas Department of Health David R. Smith, M.D. I IDO West 49th Street Rohm A. blac[ can, 11 b. Commisrion^t Austin, TX 78736-3199 DcFuty Commissioner (512) 433-7111 May 21, 1993 AasndalLtem Lloyd Harrell, City Manager City of Denton 215 E, McKinney Denton, TX 76201 Dear Mr. Harrell; Enclosed are duplicate sets of a contract with the Texas Department of Health for the upgrading of your fluoridation system, Please sign and return both sets to us as soon as possible. Please note that a final signature by this Department will be necessary before your contract Is fully executed and approved, 1yjwill notify you when you may proceed with activities related to the contract, I will look forward to your prompt execution and return of these documents. If you have any questions, do not hesitate to call me. Since James P, Rambin, Director Fluoridation Program Bureau of Dental Health Services Enclosures xct Donald R, Crow, D.D.S. William R. Nail, D.D.S., P1IR 5 Jerty A. Bale, P.E. Gladys Padgett, Accountant JC'R:Jpldrnrun3.ltr EXHIBIT I ~gendaN'l -CIS `Q a~'~Idafier7 j TEXAS DEPARTMENT OF HEALTH CONTRACT 1100 West 49th Street Tustin, Texas 78756-3199 STATE OF TEXAS COUNTY OF TRAVIS TDII Document No. c3ooa~33_~l This contract is between the Texas Department of Ilealth, hereinafter refereed to as RECEIVING AOENCY, and the party listed below as PERFORMING AGENCY and includes general provisions and attachments detailing scope(s) of work and special provisions. PERFORMING AGENCY, CITY OF DENTOV ~ (PRINT OR TYPE) Mailing Address,` 215 E. t K n~y_~R iS--2620 City) Istl lZ~pf Street Address, 113cTi-ffe"tent iFyT- ~stF--- 1ziF- Authorired Contracting Entity, Mrerent from PERFORTIING AOEItCYI Payee Names City of Denton Municipal Utilities-water P~gductlgp IIY1fl[9t1 (Muet match w t van or dentilicaclon number shown-below Payee Address, 1701'8 Spencer Read, Denton, TX 76205 _ 'jMuet match w i ven7or ~denCi ic`ation m- ibei iFown-beUowj State of Texas Vendor Identification Number 114 digits), 17560005146019 Finance Officer/Ccntects TlmothyS_ Fisher Typo of Organisation, City Designate, slmentary7eecondary scfiooi uiiio~ college, senior cnhlego'J`- university, city, countyy, other political subdivision, council of governments, gudicial district, community services program, individual, or other (define). Is this a small business No (Yes/NO) and/or minority/woman owned No (Yes/No) is this a too-profit business yes_ (Yea/No) PAYEE AGENCY Fiscal Year Endi6q Month, $eptem6er_ SUb9WY 01' TRANSACTION, Y~ Dental Cafe Program contrast for water fluoridation project. , Revised 9/92 ( EXHIBIT 11 1 , 4'a~^~7altarq,~y~~~~y EXECUTED IN DUPLICATE ORIGINALS ON ThE DATES SHOWN. TDH Document Nos 'C3000933-01 AutFiorzea Contracting Entrty Ziypg above if different from PERFORMING AGENCY) for and in behalf of, CITY OF DENTON TEXAS DEp~ft F.NT OF HEAG1'H PERFORMIND A6ENCY RECEIVING AGENCY Hy: 8y, Ts`lg`neGUr~e`o~pezson aut or ied- S gnature o pereo'n sut or zea`-' to sign contracts) to sign contracts) Lloyd Harrell Linda Farrow, Chief -City rNa>~e ~anr~tlej~-`- Bureau ~ (Name andd Titio) Dates Dates _ RECONTi£NDED, APPROVED AS To FORM, By,, IPERFORMIIIU AGENCY D rectot`- t,- gyp 0Ellce o Gene`raI-COUnse if different from person authorised to sign contract) r i Z 1 i ti 'l o TDN DOCCAIENT NUJ, C3(10093j-O1 IFRF0PA1IN:lAGENCY: CITY OF DENTON RECEIVING AGENCY PROGMI: I5URFAU OF DENTAL IIEALTt1_SrRVICES_ _ TERM: _ JUNE T1IROUGII,V,iEP1llIlf1~30,1943_______-. PERFORIING AGENCY and RECEIVING AGE14CY agree this contract incorporates all covenants and agreements pertaining hereto, No prior ayreement or understanding, oral or otherwise, of the parties or their agents wilt be valid or enforceable unless embodied in this contract. The person or persons signing and executing this contract on behalf of PERFORMING AGENCY, or representing themselves as signing and executing this contract on behalf of PERFORMING AGENCY, do hereby warrant and guarantee that he, she, or they have been duly authorized by PERFORMING AGENCY to execute this contract on behalf of PERFORMING AGENCY and to validly and legally bind PERFORMING AGENCY to all terms, performances, and provisions herein met forth. ARTICLS 1, Sapp At Work RECEIVING AGENCY will assist in the initiation, implementation, and maintenance of a water fluoridation system operated by PERFORMING AGENCY for the dental health benefit of the population served by PERFORMING AGENCY, PERFORMING AGENCY agrees to purchase, install, operate, and maintain equipment required to accomplish the purpose as set forth in drawings and equipment component listing prepared by RECEIVING AGENCY and provided to PERFORMING AGENCY. Activities will he performed and reports submitted in accordance with RECEIVING AGENCY rules and program guidelines as approved by RECEIVING AGENCY which are adopted by reference as a part of this contract. Total reimbursements for this contract will not excee:t $201000y00~~_`, PERFORMING AGENCY will provide services to an estimated O t422 _ persons in tho geographic area defined aat~lg_Se1LY_p~iCUtI1D___ PERFORMING AGENCY will purchase and install initial (and any subsequent replacement) fluoridation equipment in strict compliance with drawings and equipment component listing prepared by RECEIVING AGENCY and incorporated by reference into and made part of this contract, PERFORMING AGENCY will install equipment iu a timely manner and without delay, Any variations from PERFORMING AGENCY's drawings and equipment component listing must have RECEIVING AGEIJCY's prior written approval, PERFORMING AGENCY agrees to use equipment and supplies for fluoridation purposes only, PERFORMING AGENCY will neauta that at least one operator of PERFORMING AGENCY's water system attends a RECEIVING AGE14CY sponsored fluotidation operator training course prior to or within six mouths of installation completion and as necessary subsequently to maintain at least one RECEIVING AGENCY trained operator in PERFORMING AGENCY's employ. PERFORMING AGENCY will operate the fluoridation equipment so as to add fluoride chemical to the water in an amount sufficient to adjust the natural fluoride level to the optimal level of 0.1 to 1,3 parto per million. 1 ~ 1 ~ye~~a~IO ~0Fn A6fnd~)t°m s PERFORMING AGENCY will perform onaite monitoring of fluoride level in trey e g2 ' water each notmal workday and maintain a permanent record of these readings for C periodic RECEIVING AGENCY onaite review or for submission if requested by RECEIVING AGENCY. PERFORMING AGENCY will submit water samples to RECEIVING AGENCY for fluoride level analysis once a month or with lees frequency as may Le specified in writing by RECEIVING AGENCY, PERFOP.MI11G AGENCY will assure RECEIVING AGENCY of continuation of fluoridation beyond the contract term by continuing to submit monthly water samples to RECEIVING AGENCY for fluoride level analysis. Fonda awarded under this contract that are not utilized for a specific fluoridation coat identified in PERFORMING AGENCY's drawings and equipment component listing may to used to offset other allowable fluoridation- related costs with RECEIVING AGENCY'a prior written approval. PERFORMING AGENCY will provide written justification to RECEIVING AGENCY if the project has not commenced within thirty (30) days after execution of the contract. It PERFORMING AGENCY'S project has not commenced within sixty (60) days after execution of the contract, P.FCEIVING AGENCY may cancel this contract for noncompliance according to the provisions of the Suspension/Termination Article. Satisfactory performance of thin contract will be measured in part byg (1) adherence to the contract; W results of CPA or State Auditor reports; 1) timeliness, completeness, and accuracy of required reporter and J4) timely completion and implementation of fluoridation system, f Notwithstanding the foregoing provisions, at any time, PERFORMING AGENCY may, in its sole discretion, determine to discontinue fluoridation, if PERFORMING AGENCY determines to discontinue fluoridation, its vole obligation hereunder shall be to notify RECEIVING AGENCY of its decision within 3D days and make available to RECEIVING AGENCY for pick-up by RECEIVING AGENCY all fluoridation equipment financed hereunder. Thereafter, PERFORMING AGENCY shall have no further obligations hereunder, including, no obligations to operate the fluoridation equipment, perform onaite monitorin3 of fluoride level or submit water samples for fluoride level arimlysis, ARTICLE 7. Funding I This contract is contingent. upon funding being available for the term of the contract and PERFORMING AGENCY will have no right of action against RECEIVING AGENCY in the event that RECEIVING AGENCY is unable to perform its obligations under this contract as a result of the suspension, termination, withdrawal, or failure of funding to RECEIVIN1 AGENCY or lack of sufficient funding of RE^EIVING AGENCY to this contract. If funds become unavailable, provisions of the Suspension/Termination Article will-apply. No commitment of contract funds is permitted prior to the first day, nor 1 subsequent to the last day of the term. ARTICLE 3. Amendments This contract may he amendtd, and such amendments will be in writing and duly executed by the parties hereto, ARTICLE 1. eM"Bills If any provision of this contract will be ccnatrued to be illegal or invalid, this will not affect the legality or validity of any of the other provisions hereof, The illegal or invalid provision will be deemed stricknn and dilated d rlr~ r. V wrr~..r N ` A(yLf~OdNO Agrdiitem i?i1~r _6 . ( herefrom to the same extent and effect as if never incorporated herein, but11 other provisions will continue. AATICLB S. ~iQplicab~:maw an stanTarQ This contract will be governed by the laws of the State of Texas and enabling state/federal regulatic'ia, including federal Preventive health and Health Services Block Grant requirements, Federal program and financial information may be found in the Catalog of Federal Domestic Assistance (C'FDA) under catalog number 93.991. RECEIVING AGENCY'S legal authority to contract is Chapter 12 Ilealth and Safety Code, PERFORMING AGENCY agrees Chapter 783, Texas government Code Annotated (Vernon's Pamphlet 1992), (Uniform Grant and Contract Management Act (UGOIA)1, as may be amended by revised federal circulars to be incorporated in wcm by the Governor's Budget and Planning Office, applies as terms and conditions of this contract, and the standards are adopted by reference in their entirety, If a conflict aricea between the provisions of this contract and UGCMA, the provisions of UGCMA will prevail unless expressly stated otherwise. A copy of this manual and its references are provided to PERFORMING AGENCY by RECEIVING AGENCY upon request. PERFORMING AGENCY must obtain prior approval from RECEIVING AGENCY for major project changes which are specified in RECEIVING AGENCY's institutional prior approval procedures, These procedures are incorporated by reference as a condition of this contract. In accordance with Section 1352 of Public Law 101-121, effective December 22, 1939, PERFORMING AGENCY is prohibited from using funds granted under this contract for lobbying Congress or any agency in connection with a particular contract. In addition, if at any time n contract exceeds $100,000, the law ' requires certification that none of the funds provided by RECEIVING AGENCY to PERFORMING AGENCY have been used for payment to lobbyists. Regardless of funding source, and if a contract exceeds $100,000, a disclosure form must be completed if PERFORMING AGENCY has any agreement with a lobbyist. 'chin certification and/or form to available upon request and must be forwarded to RECEIVING AGENCY within 90 days of receipt. PERFORMING AGENCY certifies by execution of this contract that its payment of franchise taxes is current or, if PERFORMING AGENCY is exempt from payment of franchise taxis, that it is not subject to the State of Texas franchise tax. A false statement regarding franchise tax status will be treated as a material breach of this contract and may be grounds for termination at the option of RECEIVING AGENCY. If franchise tax payments become delinquent during the contract term, payments under this contract will be held until PERFORMING AGENCY's delinquent franchise tax is paid in full. PERFORMING AGENCY further certifies by execution of this contract that it is not ineltgible for participation In federal or state assistance programs under Executive Order 12549, Debarment. and Suspension. PERFORMING AGENCY certifies, by submission of this contract, that neither it nor its principals is presently di aborted, suspended, proposed for debarment, declared ineligtble, or voluntarily excluded from participation in this transaction by any Federal department or agency, Where the PERFORMIN11 AGENCY is unable to certify to any of the statements in this certification, PERFORMING AOINCY shall attach an explanation, PERFORMING AGENCY specifically asserts that it does not owe a single substantial debt or a number of outstanding debts to a federal or state agency. A false statement regatding PERFORMING AGENCY's status will be treated as a material breach of this contract and may be grounds for termination at tha option of RECEIVING AGENCY. ' 5 4~er~da Item,,,, Eti;; - - S• ARTICLE S. uaurneIg PERFORMING AGENCY assures that no perocn will, on the grounds of race, Geed, color, disability, national origin, sex, age, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subjected to discrimination under any program or activity funded in whole or in part under this agreement. i Incorporated by reference the same as if specifically written herein are the rules, regulations, and all other requirements imposed by law including, but not limited to, compliance with those pertinent rules and regulations of the State of Texas and those of United Statca agencies providing funds to the State of Texas, PERFORMING AGENCY assures it will not transfer or assign its interest in this contract without written consent of RECEIVING AGENCY, ARTICLE 7. Standards Tor Plnanclal Ha°ement PERFORMING AGENCY will develop, implement, and maintain financial management and control systems that meet or exceed the requirements of UGCMA. Those requirements include at a minimums 1. Financial planning including the development of budgets that adequately reflect all functions and resources neceauary to carry out authorized activities and the adequate determination of costsl and, 2. Financial management system including accurate, correct, and complete payroll„ accounting, and financial reporting records, cost source documentation, effective Internal and budgetary controls, determination of reasonableness, allowability, and allocability of costs, and timely and appropriate audits and revolution of any findings, ARTICLE S. Allowable Costs and Audit Requirements only those costs allowable under UGCMA and OMB Circular A-110, and any revisions thereto, plus any applicable federal cost principles are eligible for reimbursement under this contract. Applicable cost principles and audit requirements are as followar Applicable Cost Principles Audit Requirements e A Requirements A-87, State i Local Governments circular A-128 UGCMA A-21, Educational Institutions Circular A-133 OMB Circular A-110 A-122, Non-Profit Organizations Circular A-133 UGCMA To be eligible for reimbursement under this contract, a cost must have been paid within the contract term by PERPOPAING AGENCY prior to claiming reimbursenent from RECEIVING AGENCY or encumbered by the lest day of the contract term and paid no later than 15 days following the completion of installation, Each PERFORMING AGENCY/AUTHORIZED CONTRACTING 2NriTY receiving $25,000 or pore in total federal/state financial assistance during their fiscal year shall arrange for an agency-wide financial end compliance audit of PERFORMING AGENCY'S/AUTHORIZED CONTRACTINU ENTITY'S fiscal year. The audit must be conducted by an independent CPA and must be in accordance with the applicable OMB Circulars and Government Auditing Standards. Procurement of audit services will comply with state procurement procedures, as well as provisions of UGCMA, Within 30 days of receipt of audit report, PERFORMING AGENCY/AUTHORIZED CONTRACTING ENTITY will submit a copy to RECEIVING AGENCY's Internal Audit Division. 6 ~ ager,daNo Oats _ Aaaadaftea1l) ARTICLE S. Terms and conditions o! Payment ~',5'~ For services satisfactorily performed, PERFORMING AGENCY will receive reimbursement for allowable costa. Reimbursements will not exceed the total 1 contract amount and are contingent upon both parties' signatures on the contract. Claims for reimbursement will be male on a State of Texas Purchase Voucher (TD11 I Form NAG-77). Vouchers for reimbursement of actual expenses will be submitted monthly within 20 days following the end of the month covered by the bill or on an as needed basis. A make-up claim may be submitted as a final close-out bill not later than 45 days following the completion of installation. Advance payment is not allowed, J Payments made for approved claims or notice of denial of claims submitted against this contract will be mailed not later than 60 days after receipt of monthly vouchers. Payment is considered madg on the date postmarked. Any reimbursements made by PERFORMING AGENCY to subcontractors will be made In accordance with Article 601f, V.T.C,S. Funding from thin contract will not be used to supplant stato or local funds, but PERFORMING AGENCY will use such funds to increase state or local funds currently available to PERFORMING AGENCY for water fluoridation. PERFORMINU AGENCY further agrees to maintain to the beet of its ability its current level of support, if any. PERFORMING AGENCY will refund to RECEIVING AGENCY any funds PERFOPMING AGENCY claims and receives from RECEIVING AGENCY for the reimbursement of costs which are determined by RECEIVING AGENCY to be ineligible for reimbursement. RECEIVING AGENCY will have the right to withhold all or part of any future payments to PERFORMING AGENCY to offset any reimbursement made to PERFORMING AGENCY for any ineligible expenditures not refunded to RECEIVING AGENCY by PERFORMING AGENCY, Payment may be denied for noncompliance if required reports are not on file, or if program requirements are not met as specified in the Scope of Work. ARTICLE 10, PERFORMING AGENCY will submit the following reports not later than 45 days following the completion of installations Request for Advance or Reimbursement, Form 270 (TDH Form GC-1011 and, Report of Tangible Nonexpendablo Property (TDH Form GC-11). PERFORMING AGENCY will submit quarterly for at a frequency specified fu writing by RECEIVING AGENCY) program progress reports (Form 87a) covering the PERFORMING AOENCY'a activities under this contract. RECEIVING AGENCY and any authorized reprosentative(e) of the federal government have the right, at all reasonable times, to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed, including subcontractors. PERFORMING AGENCY will participate in and provide reasonable access, facilities, and assistance to the representatives. All inspections and evaluations will be performed in much a manner as will not unduly delay the work. PERFORMING AUENCY agrees that RECEIVING AGENCY and the federal government, or any of their duly authorized representativea, will have access to any pertinent books, documents, papers, and records of PERFORMING AUENCY for the purpose of making audit, examination, excerpts, and transcripts of transactions related to the contract, RECEIVING AUENCY will have the right to audit billings both before ' 7 I 1 ar~ada~tem__,~„ ( and after payment. Payment under the contract will not foreclose e t h g of RECEIVING AGEIICY to recover excessive or illegal payments. Any deficiencies identified by RECEIVING AGENCY upon examination of PERFORMING AGENCY's records will be conveyed in writing to PERFORMING AGENCY. PERFORMING AGENCY'e resolution of findings will also be conveyed in writing to RECEIVING AGENCY within 30 days of receipt of RECEIVING AGENCY'S findings, A determination by RECEIVING AGEIICY of either an inadequate or inappropriate resolution of the findings may result in the withholding of funds or. suspension of the contract. Any such withholding of funds or suspension will remain in effect u!,til the findings are properly remedied as determined by RECEIVING AGENCY. PERFORMING AGENCY will retain all such records for a period of three years from the date of the final expenditure report submitted under thin contract or until resolution of all audit questions, whichever time period is longer. ARTICLE 11, JgRlpment and 8uvplp Equipment is defined as tangible nonexpendable property with an acquisition cost of over $500 slid a useful life of more than one year, in accordance with Article 601b, V.T.C,S., Section 8.02(c) , title to all equipment purchased from funds provided herein will be in the name of PERFORMING AGENCY throughout the contract term. VnlLas initially listed and approved in the contract, prior written approval from RECEIVING AGENCY is required for any additions to or deletions of approved equipment purchases having an acquisition coat exceeding $500. PERFORMING AGENCY will maintain an annual property and inventory listing and submit a report (TDII Form GC-111 to RECEIVING AGENCY not later than 45 days following the completion of installation. PERFORMING AGENCY will administer a program of maintenal:ce, repair, and protection of assets utider this contract ao as to assure their full availability and usefulness. In the event PERFORMING AGENCY is indemnified, reie.bursed, or otherwise compensat0 for anyy lose of, destruction of, or damage to the assets provided under this contract, it will use the proceeds to repair or replace said assets. PERFORMING AGENCY agrees that upon termination of the contract, title to any J remaining equipment purchased from funds as hereinabove provided will be transferred to RECEIVING AGENCY or any other party designated by RECEIVING AGENCY1 provided, however, that RECEIVING AGENCY may, at its option and to the extent allowed by law, transfer title to such property to PERFORMING AGENCY. ARTZUR 11. aubcontraatina PERI'CRMING AGENCY may enter into agreements with subcontractors. Zub,'ontracta, if any, entered into by PERFORMING AGENCY will he in writing and subject to the requirements of this contract, PERFORMING AGENCY agrees tb.at it will be responsible to RECEIVING AGENCY for the parf)rmance of any subcontractor, In addition, if PERFORMING AGENCY elects to enter into an agreement which subcontracts out a substantial portion of PERFORMING AOENCY's Scope of Work, prior written approval must be obtained from RECEIVING AGENCY. ARTICLR 11. sold Harmless PERFORMING AGENCY, which is not a state agency, assures that it is an independent contractor and not An agent, servant, or employee of the state. Except to the extent that Chapter 104 of the Texas Civil Practice And Remedies Code is applicable to this contract, PERFORMING? AGENCY agrees to hold RECEIVING AGENCY and/or federal government harmless and to indemnify them from and against any and all claims, demands, and causes of action of every kind And ChrrACter which may be asserted by any third party occurring or fn any way incident to, arising out ' B ~ --,T ~jo~oeaNo g,~-bo`l6 _ AZ;~ AtFINCY of, or in connection with the performance of services by PERFORMING un 13 6T2~ this contract to the extent allowed by law, and to the extent of damages permitted unier chapter 101 of the Texas Civil Practice and Remedies Code. PERFORMING AGENCY, by acceptance of funds provided through contract, agrees and ensures that personnel paid from these funds are duly licensed and/or qualified to perform the required services. ARTICLE 16. Bonding Each person employed by PF.RFORt1ING AGENCY who handles funds tinder this contract, including persons authorizing payment of such funds, will be covered by the terms or a fidelity bond providing for indemnification of losses occasioned by: (1) any fraudulent or dishonest act or acts committed by any of PERFORMING AGENCY's employees either individually or in concert with others, and/or, (2) failure of PF:RFOPM111O AGENCY or any of its employees.to perform faithfully his/her duties or to account properly for all monies and property received by virtue of his/her position or employment. This fidelity bond will be in the amount of not less than Ten Thousand Dollars ($10,000). In the evert that PERFORMING AGENCY, being an independent contractor, maintains a self-insurance program that prorides for the indemnification of losses as described in the above paragraph regarding fidelity bonds, then PERFORMING AGENCY will provide RECEIVING AGENCY a certified statement which summarizes its Self- insurance plan. The certified statement will be submitted at the time this contract is submitted for approval. Any changes to said plan, which occur during the term of this contract period, will be reported to RECEIVING AGENCY. The self-insurance program should be based on the determination that the coverage can be provided at a cost no greater than the cost of obtaining equivalent coverage from an insurance company. 1 ARTICLE 15. Buscenaion/Termination If PERFORMING AGENCY fails to comply with RECEIVING AGENCY's repotting requirements, the program objectives, or the contract award conditions, RECEIVING AGENCY may withhold payments. RECEIVING AGENCY will provide advance written notice to PERFORMING AGENCY which will identify the deficiency and RECEIVING AGENCY's intent to withhold payments if the deficiency Is not corrected within a specific number of days. When the deficiency is corrected, RECEIVING AGENCY will release any withheld payments with no further action. If PERFORMING AGENCY fails to comply with the terms, conditions, or standards of this contract, RECEIVING AGENCY may suspend the contract and prohibit PERFORMING AGENCY from incurring additional obligations of funds pending either corrective action or termination. RECEIVING AGENCY will provide written notice to PERFORMING AGENCY at least thirty 130) days in advance of the suspension date. Such notice will detail the nature of noncompliance and specify a correction date. PERFORMING AGE14CY may request a hearing on the proposed suspension if such request is made in writing within ten SIO) days froth any final notification of suspension. This contract may be terminated by either of the parties hereto for noncompliance by the other party. A party intending to terminate for noncompliance by the other varty will provide written notice to the other party at least thirty (30) days prior to the intended date of termination. Such notice will include the reasons for the termination and will provide the other party an opportunity to rebut the reasons in writing. A hearing may he requested on the proposed termination if such request is made in writing within ten (10) days from auy final notification of termination. Fay such termination, neither party may nullify obligations already incurred for performance or failure to perform prior to the date of termination. Such termination will not be an exclusive remedy but will be in addition to any ocher rights and remedies provided by law or under this contract. 9 1 Agenda No. A ,eada ate This contract may be terndnated in whole, or in part, when both parties agree that continuation would not produce results commensurate with further expenditure of funds. Both parties will agree on the effective date and, in the case of partial termination, the portion to be terminated. RECEIVING AGENCY will immediately send PERFORMING AGENCY written notice of the terms agreed to and such notice will become a part of the contract. PERFORMING AGENCY will not incur new obligations for the terminated portion after the effective date of termination and will cancel as many outstanding obligations as,possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract may be terminated if funds allocated for this purpose hereto should become redu~:ed, depleted, or unavailable during the contract period, and. RECEIVING AGENCY is unable to obtain additional funds for such purposes. RECEIVING AGENCY will immediately provide written notification to PERFORMING AGENCY of each fact and this contract is terminated upon receipt of that effective idate of E termination AGENCY will can c 1 as mgr yroutstanding iobligations f as will it possible. RECEIVING AGENCY will allow full credit to PERFORMING AGENCY for noncancelable obligations which were properly incurred prior to the termination date. This contract may be terminated in the event that federal or state laws or other requirements should be amended or judicially interpreted so as to render continued fulfillment of this contract, on the part of either party, unreasonable or impossible. If the parties should be unable to agree upon amendment which would therefore be neede• to enable the substantial continuation of the services j contemplated herein, then, upon written notification by RECEIVING AGENCY to PERFORMING AGENCY, the parties will be discharged from any further obligations the created accrued interests oorrebligatiens asr of the datelofstermination, except l f I ' I f 10 1 1 n ~~`,^Qaataml~s CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E, McxINNEY DENION, TEXAS 76201 January 25, f993 jo, nambin Director of Fluoridation Program Dental health Bureau Texas Department of Health 1100 Wesf 49111 Street Austin, 7X 78756 i ne: Consideration for Special Grant Funding to Retrofit Existing Dry Feed Fluoridation Equipment at City of Denton Water Treatment Plant Dear Mr, nambin: The City of Denton Municipal Utilities owns and operates a 30 MGD Surface Water Treatment Plant and has been using a dry feed fluoridation system since 1965. In the past, this system consfsted of a dry volumetric feeder which was located on the second floor of our chemical feed building directly above the rapid mix unit. In 1987, the lreatment plant was expanded and tlfe design of the rapid mix system was changed to the feline static mixer type unit, The fluoridation system was revamped but was still based upon a dry-feed system using sodium silica fluoride, This system includes a dry feeder, solution lank, transfer pump and approximately 120 feet of 2-inch feed line tied to the inkne static rapid mix unit. Since the installation of this system, we have experienced numerous maintenance problems associated with the poor solubility of the sodium silica fluoride feed material and excess precipitation and dogging of the transfer feed line, E 8121566.8100 D/Fw MET RD 434.2529 EXHIBIT 211 A'lei rINo 3-O - Que ea!len S F V It Is my understanding that your organization may be able to provide grant assistance to large municipal treatment plants to convert their fluoridation process front dry feed to liquid feed systems. I would welcome the opportunity to work with you and your staff to further explore this conversion process and evaluate the economic and operational trade- off issues. Please advise me what additional information you may need to assist you In your evaluation of Denton' eligibility for such a grant. If you have questions about our current syslem or need operating and maintenance records or other supporting data, please call me at 817-383-7526. Thank you for your consideration arid Interest. Sincerely, L. ~ ~ l,•! ti? 1. An Fisher Water Production Manager Idh_gmt xc: Lee Allison, Director of Water Operations and Engineering ' I aQ9n~3 W5,2,5 A jlcnrl0em I Texas Department of Health David R. Smith, M D, 1100 West 49th Street Robert A. Maclean, M.D. ' Commissioner Austin, Texas 78756-3199 Deputy Commissioner (512) 458-7111 February 3, 1993 Tim Fisher Water Production Manager City of Denton 215 E. McKinney Denton, TX 76201 Dear Mr. Fisher: l This will acknowledge receipt of your letter dated January 25, 1993, which will serve as your city's application for grant funds to upgrade your fluoridation system. You will soon be contacted by our fluoridation engineer, Jerry Hale, P.E., who will establish a mutually satisfactory date for a site-visit to determine the scope of your proposal and the cost of the upgrade. Depending upon Mr. Hale's findings and our level of available grant funds at that time, we will either provide prompt 100 percent grant funding or delay the grant until our next funding cycle, which will. begin October 1, 1993. We look forward to working with you. Sin erely, 1 ~iL (1.v/_ ~ ~J L2.ru ,•.r -c 6James P. Rambin, Director Fluoridation Program Bureau of Dental Health Services xc: Donald R. Crow, D.D.S. Wm. R. Nail, D.D.S., PHR 5 Jerry B. Hale, P.E. Denton.ttr f 1 Texas Department of Health Q~c Atrd f9rq s~~J ~~J Bureau of Dental Health Services TEXAS FLUORIDATION PROGRAM f53C ~ ` purpose To improve dental health by promoting community water fluoridation and by paying for water-fluoridation equipment in communities where the naturally occurring level of fluoride in the water is less than the amount needed for prevention of tooth decay. _ The ideal fluoride level is about one part of fluoride in one million parts of water--roughly, the equivalent of one drop of fluoride in a brimful bathtub. In addition to grant funding, the program provides engineering assistance with the design, installation, and monitoring of water fluoridation systems. Training courses for water plant operators are also provided. Eligibility Financial grant assistance is available to any community or non-profit water system which: 1. Serves a-population of 1,000 or more, 11 1 2. Has water with a lower-than-optimum natural fluoride level, 3. Employs a full-time, state-certified water plant operator, or is managed by a licensed engineering consulting firm, 4. Has made an official commitment to fluoridate its water supply, pending approval of grant assistance from this program. Limited funding is also available to assist currently fluoridating water systems with upgrading or expanding thgir fluoridation systems. Funding pouree This activity is funded by a portion of the annual federal Preventive Health and Health Services Block Grant allocation to the state, and is administered by the Dental Health Services Bureau of the Texas Department of Health. AoDlicatioa Procedure Communities or public water systems seeking a fluoridation grant should request grant assistance by sending a letter to the Texas Fluoridation Program Administrator. A statement of the governing body's decision to fluoridate should be contained in, or should i accompany the letter. (Continued on Reverse) `f i A~rd~ho. A j;,dst Program Procedures pr"`-•-- Fluoridation grants are provided to water systems through individual cost-reimbursement contracts. The dollar amount of the contract is established by the fluoridation engineer who makes a site-visit to determine the actual equipment and installation required. The contract amount will be sufficient to cover the costs of all the necessary system components, plus freight, and a reasonable amount for installation. _ other Program Activities A statewide voluntary fluoride monitoring process is offered which enables each participating system to submit check samples each month to verify its own daily sample readings and to maintain contact with the program to ensure appropriate fluoridation procedures. Local water plant operator training courses are held in various locations throughout the state and cover all aspects of fluoridation procedures. An operator's manual is provided with this course. i Also, when requested, the Program staff will assist in educating the public about fluoridation. Literature and visual presentations have been developed for use as aids in public education. Staff members are available to provide information to any community group. Usual Sequence of events 1. Program responds to local requests for fluoridation information and works with community leaders and local dentists as requested. 2. community decides to fluoridate and requests grant consideration. 3. Fluoridation engineer visits to determine the project design, components required, and their costs. 4. A cost-reimbursement contract is executed. 5. Local official orders all necessary system components. 6. Fluoridation engineer oversees and assists with installation. 7. Program reimburses water system for actual cost, up to contract amount. 8. Program provides follow-up and monitoring assistance. For 1(urther information please aontacti James P. Rambin, Director Fluoridation Program Bureau of Dental Health Services Texas Department of Health 1100 west 49th Street Austin, TX 78756-3199 } (512) 458-7349 MEETING YOUR CONTRACTUAL OBLIGATIONS ABE'dallOnr the order Federal and State Regulations reimbursement under e which the Texas Flu onrida ion Project operates, we are enclosing a supply of four (4) forms which must be completed and returned to this office at the appropriate times. These forms are: 1. uoridatioa Program ro resa a ort ora H91a This form is to be completed and returned every three months u Its ntil your fluoridation installation is complete and operating. project Pssstatus imp Thet firsts proglress r inform rt iformf (will obe ydue three (3) months from the beginning date of your contract. Because most installations are complete within six (6) months, it is likely that the need to furnish this report will occur only once or twice. 2. Nonexpendable "e Agna Property Fo GC-11 i This form serves to list only the fluoridation equipment items which individually cost you in excess of $500. In theory, we could demand that those items be returned as state property if at some point they were no longer being used to fluoridate your water supply. This form need only be submitted once--after you have received and paid for all of your fluoridation equipment. 3. a est jor Aeimbursement= fForm C-10 This form must be completed and returned each time you request reimbursement. It must accompany the next form to be discussed, which is your actual billing form. You may bill this program for reimbursement of the actual expenses you have paid as often as monthly, or only once--when all your expenses have been paid, and you are ready to totally close out the contract. 4. State gt Texas Purchase vo c 9r fForm AG_]7] The completed Purchase Voucher (AG-37), accompanied by its companion form, the Request for Reimbursement (GC-10), are the only documents we require to process your payment. Please do not send your billing copies or invoices These items are to be kept in your file as support of your claim for contract funds in the event of a State or Federal audit. A completed example of each of the forms is attached. If ynu wish, we will be happy to *urnish you with a copy of the Federal and State Regulations with which you will be complying by completing and returning the required forms. Send all reports to: DENTAL CARE PREVENTION 0 ADMINISTRATION PROGRAH TEXAS DEPARTM„NT OF SEALTH 1100 WEST 49TH STREET AUSTIN, TX 78756-3199 i 1 0411.l.'y3 IwI 1'! I.L.H. U1 b'EI IST: CU. HLL Y. U I L151-0 Tim Fisher • Fax (31 r f aaa-VOM COSY85TIMA S CITY OFDLNTON (prelim est) 10 No. Population trtrrt NO. unrtr $ i r_ _ EM S Chemical Feed Pump 1 $899 $898 Spare Parts Kit 1 $42 $42 Mounting Bracket 3 $42 $128 Elect Or (pump) 1 $500 x500 Potabla Water Supply 1 !);300 $300 Feed Pump Pulsar 0 50 $0 Conn Cable 0 $0 $0 Power Supply 0 $0 $0 Day Tanis 1 $75 $75 Drum Truck 0 $0 $0 Scales 1 $2,080 $2,080 Tnafr Pump 1 $569 $559 Tube Set 1 $865 11885 Bulk Storage Tank 1 $6.000 $8,000 2" Plpe 6 Fittings (Fill Sta) 1 $276 $278 PVC Flex Tubing 1 $137 $137 Chem Line Fittings 1 $50 $60 1" Flex Conduit 1 $125 $125 Shop Materla!a 1 $100 $100 Safety Equip 1 $850 M Lob Equip 0 $0 $0 Total Equipment $12,984 InstaRation/AdmInletration 1 $3.500 $3,600 Sub Total 1110,484 Contengenoy 20% $3,297 Total ° $19,701 fen m u Tlm, Hera le the fax I pronilsed, Pieaee review and call me A.S.A.P. at(612)458.7349. Jerry ~ f:1WDOCSlORD1~lUDRIDE.O ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF HEALTH TO PARTICIPATE IN A GRANT PRO- GRAM AUMINISTERED BY THE TEXAS DEPAR174ENT OF HEALTH FOR THE PURPOSE OF UPGRADING THE CITYdS WATER TREATMENT PLANT FLUORIDATION SYSTEMI AUTHORIZING THE EXPENDITURE OF FUNDS PURSUANT TO SAID AGREEMENTI AND DECLARING AN EFFECTIVE DATE. i THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the City Manager is hereby authorized to exe- cute an Agreement with the Texas Department of Health to palrtici- pate in a grant Health for the program administered by the Texas Department of j operated by thep City o at its water upgrading athe water tmnt plant,oa ico ion system is attached hereto and Incorporated by reference herein. of which penditure Oofl fundah in 'the many ex- Agreement. ero and amount as specified tin the AIi4TI08 111. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1943. BOB C1ISTLEBERRY0 MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETA..RY BY: APPROVED AS TO LEGAL, FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYS r `t at + .I T~+'1• + #1~sI + } $CITV . r Pt Ifl V OUNCIL 111+ +-!414 14'11~+z1iff 1 ~3 r a 1 3 +N a Ali f {$tt:: f j47 } i i t# 11 {r+: #r 7, a , ,13pc `3 •11, r ,j+ i i it t'r f~ tt: t t r 31,, 111 1tt' t11` Ian , Agenda rhid f - ORDINANCE NO. /of ~ AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN PAYING SETTLEMENTS IN AN AMOUNT NOT TO EXCEED $5,000 AND IN EXECUTING COMPROMISE SETTLEMENT AGREEMENTS AND RELEASES APPROVED AS TO FORM BY THE CITY ATTORNEY IN LAWSUITS FILED BY OR AGAINST THE CITY: AND DECLARING AN EFFECTIVE DATE. WHEREAS, the prompt settlement of lawsuits in which the City has the potential of greater legal exposure is recognized as a fiscally responsible course of action in the best interests of the citizens; and i WHEREAS, delays occasioned by accommodation of legal and logis- tical prerequisites to City Council action upon and approval of demands and offers of settlement in small case3 may impede the negotiating posture of the City, potentially resulting in missed opportunities to settle a lawsuit under terms most favorable to the City; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to act on the City's behalf in paying settlements and in executing Com- promise Settlement Agreements and Releases approved as to form by the City Attorney in lawsuits to which the City is a party re- quiring expenditures of less than $50000. SECTION Ii. That this ordinan^e shall become effective immedi- ately upon its passage and appr val. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY* MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY•-- - it Aganda No. AgSndaEle 2, 11]"o - ~4 APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:'.` PAGE 2 114 1 4 4 }ll ~ IT 11 41M xI ' COUNCIL; 41, riE#£ S 7}1{., I} rl,: 1. f, I E' 2 t', { 1: T. 7, I F ~I: +E _1 al MI-T 12 1 7 7 7" _1 -T tir + i 7: 71.17 l is AE .IQ ^a hrc~~• i~j:: , P 014 t}iS~'x~f}iL}~I"~'}('~r1~+'ti~~3 y`L1` L1 ti+a.~l~,{~~ij1L 1{i.t { Jtl1yliA i, IIIL1 L11t. ~ L~ ~ 1. }L 11~;. 1111 tji }t !Ll 3t 3i} L la {{a a. a a..} . t + EL .t'..E.~{'ttII,r,a• ~iltl~iL?'-al,lt ~ rii',~.. , I r t,l ~enOaNo. 3 ApMait (ate C,S_, !o X11 Jane 15, 1993 DENTON CITY COUNCIL AGENDA ITEM / TO: MAYOR AND MEMBERS OF THE DENTON CITY COUNCIL FROM: Lloyd V. Harrell, City Manager RE: Consider Adoption of an ordinance Approving the Denton j Sewer Use Ordinance and Pretreatment Program Modifications RECOMMENDATIONS The Public Utility Board recommends approval of the Denton Sewer Use Ordinance and the proposed pretreatment program modifications. SUMMARY s In accordance with the National Pollutant Discharge Elimination System (NPDES) Permit compliance schedule for the Wastewater Treatment Plant, the City of Denton was required to develop "Technically Based Local Limits" and make any necessary modifications to our pretreatment program within one year of permit issuance. In January of 1993, the Environmental Services Division submitted, for Environmental Protection Agency (EPA) approval, the proposed modifications to the pretreatment program and the associated Sewer Use Ordinance (SUO) revisions that reflected the development of technically based discharge limits. In addition to incorporating the technically based local limits, the SUO was revised to clarify ordinance requirements and better define ' pretreatment program requirements. a~or~al4o.~3~~_ Arendtal~e,n,~i At the May 1) meeting of the Public Utility~Boa ,4WL41 public meeting was held to solicit input from industrial and commercial representatives on the proposed changes to the SUO. As a result of the input received at this meeting and from info:.mal conversations with industry, additional revisions have been made to the SUO. The significant changes in the document, previously reviewed by Council, appear in the following sections of the ordinance. Sec. 26-157, ~ (2) Determining the Character and Concentration of Wastewater. Sec. 26-160. Access to Industrial User Records (Confidentiality) I Sec. 26-202, (d) Duration (rcrmit reissuance minimum of 60 days versus 180 days) Sec. 26-202, (f),(1),g. Compliance Schedule PFOGRAM/DEPARTMENTS OR GROUPS AFFECTED Citizens of Denton, City of Denton Legal Department, Department of Public Utilities. FISCAL IMPACT The fiscal impact is unknown at this time. Exhibit I: Denton Sewer Use Ordinance Exhibit II: Comments Received on SUO Changes Respectf ly, Prepared by: Lloy V. Harr 11, City Ma ger 46M ~ 61\ Howard Martin, ii.,ector Environmental Operations/FA APPROVED BY: R.E. Nelson, Execu tive Director Department of Utilittes FILE:C:\WP51\CCAGENDA\IPP693 bz\pretreat.o _ %ye ;1a~~o Q (ry DO YI ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE V ENTITLED "DIRECT AND INDIRECT ' DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE ' CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO "UTILITIES" BY REPEALING SECTIONS 26-151 THROUGH 26-209 AND ADOPTING NEW SECTIONS 26-151 THROUGH 26-209, PROVIDING FOR THE REGULATION AND CONTROL OF WASTEWATER DISPOSAL FACILITIES AND PRACTICES INCLUDING FEDERAL GENERAL PRETREATMENT REGULATIONS AND CATEGORICAL PRETREATMENT REGULATIONS; PROVIDING THE PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING PROCEDURES FOR ABATING VIOLATIONS; PROVIDING A MEANS FOR DETERMINING THE CHAR- ACTER AND CONCENTRATION OF WASTEWATER; PROVIDING FOR THE APPROVAL OF PLANS, ISSUANCE OF PERMITS AND INSPECTION OF FACILITIES AND RE- CORDS OF APPLICANTS RECEIVING CERTIFICATIONS; REQUIRING CONNECTION TO SANITARY FACILITIES; PROHIBITING THE DISPOSAL OF CERTAIN WASTE- WATER INTO THE POTW; DISTINGUISHING BETWEEN SIGNIFICANT INDIfSTRIAL USERS AND OTHER USERS AND PROVIDING PROCEDURES FOR SIGNIFICANT IN- DUSTRIAL USERS TO OBTAIN PERMITS; PROVIDING PROCEDURES FOR MONITOR- ING COMPLIANCE WITH PERMITS AND REVOCATION AND SUSPENSION OF PER- MITS; PROVIDING FOR CIVIL AND CRIMINAL ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $20000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE CATE. WHEREAS, the present pretreatment regulations pertaining to the disposal of wastewater do not definitively describe the re- quirements and procedures significant industrial users should follow in obtaining and maintaining permits for the disposing of wastewater into the POTW; and WHEREAS, the present regulations relating to the disposal of wastewater do not adequately advise sanitary sewer customers of the emergency measures the City of Denton will take in terminating ser- vice to any customer discharging pollutants into the Cityls POTW (Publicly Owned Treatment Works) that present an imminent endanger- ment to the health, safety and general welfare of the public; and WHEREAS, the City of Denton has held a public hearing to con- sider the proposed amendments to the Article V of the Utilities Chapter of the Code of Ordinances on . _ and WHEREAS, the City Council of tae City of Denton finds the proposed amendments to Chapter 26 of the Code of ordinances to be reasonably related to the City's desire to revise its ordinances, not in full compliance with federal and state water pollution control and clean water acts,to insure the health, safety and general welfare of its citizens are protected to the greatest extent possibls; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: EXHIBIT I a,;. Ca~temlQS~, SECTION I. That Chapter 26 of the Code of Ordinances rela"ing'"f y-~ t~') "UTILITIES" is hereby amended by repealing Sections 26-151 through 26-208 and adopting new Sections 26-151 through 26-209, so that hereafter the same shall read as follows: ARTICLE V. DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM DIVISION 1. GENERALLY Sao. 26-151. Purpose. The purpose of this article is to regulate and control waste- water disposal facilities and practices within the city so as to protect the health, welfare and property of its citizens and to j ensure that all wastewater disposal facilities and practices are in compliance with state and federal laws, rules and regulations, JA- i Dludiao all sradera~ a■asral p~raatsaat Ragylations and p■a■rai catio(lorrig Pretr■a meant Aeq~la~ion■ inoludig4 o[ a vretreataeat Preara~ approv~a by th■ v s Envire-..r~.i Proteotion Aaeaov - Sea. 26-152. Scope. of allhwater-carried alwastesyinoththe e city c and rshindirect all, among cother things, provide for the regulation of sewer construction in areas within the jurisdiction of the city, the approval of plans for sewer construction, the quantity and quality of wastewater dis- charged, the degree of wastewater pretreatment required, the is- suance of industrial/commercial wastewater discharge permits and of other miscellaneous permits. A1 IAds(atrial wars wi hie b• 1 isdio ion of this ordin sao shall bOSD1V vita a federal Ganarai pratreatment raatlatioas and with thong Federal eateoorical Pretraatnaa a*andarda appiib• able to each. (Titi■ ~9~~aotar i, SuhohaDter N Darts 403 471f its! Iadustrial Gsars rithin t*. Lo3a ordin ano• shall coaDiv with alY aaDllaaDl• seo loss o! chapter 26 0! the Tefca• Water cod• sao. 26-153. Definitions. The following words, terms and phrasos, when used in this ' article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meanings Abnormal strength wastewater means any wastewater having a suspended solid, BOD, COD, chlorine demand or total phosphate concentration in excess of that found in normal strength waste- water. PAGE 2 1 I 1251 et 5aj` Act means Public Law 92-500, as amended, 33 II.B.C. S ^ G 3 ` seg. as enacted by the United States Congress and known as the Federal Water Pollution Control Act or Clean Water Act. Approval Authority means Region 6 Administrator o United states Environmental Protection Agency (EPA) Approved Methods_aeans analysis performed in accordance with SO CFR Part 136, "Guidelines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Acts" and ameadments, or with +~ay other toot procedures approved by EPA. Authorised Representative of the Users asanss (1) if the user is a corporations .111. The present, secretary, trgasurer, or a vice-president of the corporation in ohagge of a prihcipal business function, or any other person wh.4 psrfg_rms similar policy or decision-making funotiops for the oorporationt or ihl The manager of one or more manufaoturi g production 'or operation facilities eanloving more than two hundred tiftY (250) Dersoas or having gross annual sales or expenditures exaeedinc twenty-five (25) million dollars (in second-quarter 1960 dollars), if autbority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. M it the user is a partnership or sole proprietorships a general partner or proprietor, respectively, i1.1. If the user is a Federal, state, or 1ccpl governmental faailitys a dirootgr or highest official appointed or designated to oversee the operation and Derformaaoe of the activities of the goyerAgent faaility, or heir designee. 1U. The individuals described In paragrahs I through 3, above, may -designate -&mother autbogized ~gtative if the authorisation is in writing, the author ~~tion specifies the individual or position responsible for the overall operation of the facility from wbioh the discharge originates or haying Overall responsibility for envireamjntal utters for the company, and the written autborisatcn is submitted to the City of Denton, BOD, mesas the cuantity of oxygen Utilised in the bioohemioal ' oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milli- grams per liter. Building means any structure used or intended for supporting or sheltering any use or occupancy. PAGE 3 MOT 1 Building drain means that part of the piping of a6 l "ding drainage system which receives the discharge of all soil, waste and 6~ f~ other drainage from Inside the structure and conveys the drainage to the building service line outside the foundation building. wall of such Categorical pretreatment standard means any r•+a.... coa iaintr roll+~••• discharge trul• limits applicable to a specific category of users as promulgated by the EPA in accordance with section 307(b) and (c) of the Act. (33 II.s.e. c Chaotlr t eubo1 ter p. P_ ar_ to dOS-4711. 13171 (4q ~R r - Chlorine demand means the difference between the amount of chlorine added to water, wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute contact period. COD, denoting chemical oxygen demand, means the measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. Committee means the environmental appeals committee. Composite sample ■laas a ■amola that is ooli•n L4Llld • th•r by oon is +o +s • Yi tir• _Tha sarcl. w• troanosi !d •i her as tir• - @115i'1111111151! 1111111111 lilil: I ','111 1,111111 tronstant tir• in ■~rvals n*.+.; 1•s irr•sp•a- co11•atsd fh•r as • constant ■ r..+r ••olur! at tir• !at•rvais a Dortional o ■tr•,~ flow or ooll•o ~q inor•asintr the voi s...s i-- n~•ryiY b•tr•!a the aiie,+~~ -°il• raintainiaa a oons as ~QD.~L41 .U,thorf tv rs.n, ~itv of n.rE.... throutrh its &rec~+ S+~•_Dir•ator of Publio IItiliti•s aotSnq by ane Control manhole means an opening giving access to a service line at some point before the service line discharges to the xa■t-•rat•r system. Cooling water means the water discharged from any system of condensation such as air conditioning, cooling or refrigeration. 1111111L, I ■ • ' disohartr• of day Th• daily 4isohartr1 it to ari 11:Qi_alY r•a■uryats takes +ti ~ , oO-- ao!ntration derive Direct discharge means the conveyance of wastewater from a service line uninterrupted to a city public sewer. Domestic uinv ser li a sot+rc• o[ the introduolion o! nollu an ~~QTl[ f- r-1 aou_ro• aot r•arL+• to), or tdf of !h_~~, t•d under 8•otion 3o7tbf PACE 4 rQ . Dry closet means an indoor room or an outdoor pri ~cf,41 toilet, but lacking water for conveyance of waste, h' used a EPA means the United States Environmental Protection Agency or its successor agencies. Executive Director of Utili e ~3!IaAA the chief •xse officer of the utilities department of th oity or deputy, scent or repr•a•nta +~e, - i _ Flow rate means the quantity of wastewater that flows past a particular point in a certain period of time. Grab sample mesas a sample rhioh is taken rr., a Mast• xithout rl4Ard to the floc is the ru to tress and over ■ n•r4•taeaa i tine sot to •:o••e rsr*.. (iS) ainutas publicnsewer t by discharge any a means other t than conveyance direct c discharge wastewater to a Industrial /commercial user ■4aas say no~doaeata course Qharaioa DOllutaw~. CitY_gs D•ntoa gOTa rhi~ is not' a siaailioant iad+s rial user Industrial /commercial wastewater discharge permit, referred to in this article as "industrial/commercial discharge permit," means a permit required of a sianifiegnt industri discharge waste into any wastewater syster, under jurisdiction of j the city. Industrial /commercial wastewater surcharge means a charge, as set forth in this code, levied on industrial/commercial users of the sewage treatment works for the additional costs of treating wastewater discharges of abnormal strength wastewater. Interfere means inhibition or disruption of the rart•rater system which contributes to a violation of any requirement of thia article. Interference a•aaa a disoharge, xhioh close of is aoaunotion xith • disaharQ• or disohara•s from o her so zags, III,,,nhibits a dis- ruptr the pOTlr. its tr•ata•at nroc•sr•s or oy~rataw111 . M prose/ qr• !lr• 1! dianoeai• and th•r•fer. i a oau•11Leta iota itiII!1na of i s•raQ• sluda• Lr~ d ~1 loriaa statutory/r•QUlatory nroyia~ew. p~tait• . +.w thiri- uad•r er anv more strlaq•at Atat• or 2oca1 r• 40S o! the ►o Ao , tn• gelid fr•st• Disnosai i~reeluAine=roe' f oonaaly r•!•rr•d t• as the a•aoure. noar•rya ion • (HCAA)t aav__at•t• r•au+ A4~t4ovey Act ---~atioas coatain•d is any etat• rluda• aaa- •IIt alas D!•aat•d a+ra+aa to 9 t+l+~1CD of the BeliA tu►. ~ Dlsaosal Aott the lean Air Aet• as D1QlnQ@a Control Aotr •od th • R•a•ar•oh. , M e "King Pro PAGE 5 I llav mlaas that the 4osaibili~v or like [1„t? Mists, diser. +^narv aatioD, ° ° na mg/1 means milligrams Per liter. Natural outlet means any outlet into a watercourse, ditch, lake or other body of surface water or groundwater. New Soutce asanst tit ann building n installation frnw truotura. [■n+lity er xhio-,- h thir! is f_ or_ aav bat a di A 1_ lutaats• the o_onat~gotioa of ioh cosman ..a : `a 4Lp~DOUI---p D-~ra_ tzlnt±alnt eta+tdards under 8a ~r th ! Ara!-0fDoon i<rhioh x111 b! aDp~.icabl! to eu~* Qt1on o7 taf of th. a,,. th attlr Drosulaatld is aC00rdanesOUre• it suCh standards are M Lh that sjCLiOtI. DSOV Q~Q i bu_ 11daa /trunl~~ t f i coastru-_i~t311stion ig -l~_!_sita at xhich ao other enuresOC X& Th__ ~_b~;lQinc~Lrutur! faeit~t., w o ta11 Dl~aes th! Droolss o +■tAU& i0a to- ---__Lroduotioa lavinm•nt .x 9#ysas the disohara! o! Doll !teats at an aYi• +w.. ._cR~ ~ 41 Sgl T "0 JIixastlxaltlr clalratiaa Droaassls o building s ru ~it~+ 4~at o! an a:i~a souro! at the aa•: Ia d•*..~ lnlav ~~t~_thlss are s .t,.+.w.1,,,.. i~Dl.P.4laL• factors suoh as Lh! astlnt to which th! n•~ i 1~►oiiity is intsvra_TLId y!th th! a----:ice ~ ten--L- Z~rhi ~Lha n!x [agility is aaaaaadp t ba aonli9.lraQ•• cons- truo+ion on a sit! at rh~fln as .Y+.*inQ sh9~r r.sults is a aodifioatio_a rather c! is loaatld struotion dole ae or.. "-~~'~~s a*M sOLrOr i[ ~y~ or last- a~tioa alatiac~~~"~~ildina, struoturl, tacili~y,, ~-Ry~.4tIIarxisa al sr~'~;$lotioa of tb1 or fef , proolss or Droduotion ,+s'.w~ iaou, or odds to ati• i~! coastruot+on of • new _tteurc! as a.~+w . has o92atlaold i! kIIa oxnlr or oDlra thi---- ° ~ar~Qrgpg ~ .1.6~. BlQUa, er n.~~..w wain. as p~zt o~ontiauo COaaCrl+Otien nrnnr 13.a_QQPit! aaY Dlle..fat• aalasblY Or i flit a39[~itiat site Dracara ion xor 1 iaQ ~ytioa~, or r~gpval of lYiatII buildiacs ~ ittuoturla. or faei~i + hick is aacassarY for th! Dlao_ !`=--~s~lY,~r iastaliation of ~ PAGE 6 r~,3 %'D RN -Ina source faoilities or GCMipmeat; or q ~ yl u!lSLinto a binding contraotual obl~oa io o u o o a w be used to its 1 da•r i o~tioes to p•~rohas L or contraot■ which an be t- or ■oditied without eubrtaatial lea, and oontrae teas- ibb iYhurinc aad t 0 at: sonst tuts a ^wtzaotual obliaa ioa~this PIragrapb, Normal strength wastewater means was~ewater which, when analy- zed by the city, shows by weight a daily average of not more than hum dreaf~ft siaptv~ive f oes+ pounds per million gallons (two y (250) milligrams per liter) of suspended solids and o tbousaad eic6ty=live gas} pounds per million hundred fifty (250) milligrams gallons (two eighty-five 2 250 per liter) of BOD and two thousand (250) milli rams ) pounds per million gallons (two hundred fifty 9 per liter) of COD and not more than seventy-five and one-tenth (75.1) pounds per million gallons (nine (4) milli- grams per liter) of chlorine demand and forty-one and seven-tenths (41.7) pounds per million gallons (five (5) milligrams per liter) of phosphorus and which is otherwise acceptable into a public sewer under the terms of this article. NPDES permit means the National Pollution Discharge Elimin- ations System (NPDES) permit as issued pursuant to secticn 402 of I the Act (33 U.S.C. 1342). i I)bject£onable waste means any wastewater that can harm either the sewers, w+st&..[ treatment process adverse effect on the receiving stream or otherwisependangeralife,+ health or property or constitute a nuisance. Pe88 Trough means a aisoharae r waters of ttaa Onitsd state high _e:its the poTtr twF slog a 1A auant~ties or ooa .w~r.a1 ~ e or in son}s!aotioa win Agux" 01a a OiLiN o! a vl~taa~ - 11112! --~~hara lrn~a u.« r recuirgent esof the = oration of a violatt ~7 an i-- n--or~ss~in the magnitude or Person ~eens tftm comDenv ~~--pArt~nersh_iv co Dartner~h+„ true a et, !?~1~t1°--"-~,~~1&.~ion fotnt st~~~ aovernmen~al enrtrl, or any other tea- A~t~~~ J~ 4ender shell in t~~de the temin ~'ns• The mss Fy,~, one end he sib tar shall fn tu~Q , ~L~1 eXCBDt as ° h . ~ ~iceted by context. pH means the degree of acidity or alkalinity of a solution, expressed as the logarithm of the reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution. discretentconveyancehaore vemeans any ssel fron dwhichniwastewaterconfined ma,y and discharged into a public waterway or public wastewater system. PAGE 7 y Polluted water means any water, liquid or gaseous !O ofy/ taining any of the following: soluble or insoluble substances eof an organic or inorganic nature; settleable solids that may form sludge deposits; grease and "ils; floating solids which may cause unsight- ly appearance; color; phenols and other substances to an extent which would impart any taste or odor to the receiving stream; and toxic or poi3onous substances in suspension, colloidal state, sol- ution or gases. PM-11J]'1111bj OWned Treat f ~ means a tMaAmpAt 9~delinsd by s• 211 of the AoE througp rbioh th• Citv to Mastwa is coii_.Otee. store tF•-►.d r■ovol•d o plaited This d•f1A1t10A SnOlugja a]1 semi re yg er tsr t0 th• nnw~..._a_. a that convoy w tre•Ee•n laaLs. For the n P"js of WE Chan ~~p " shall also ins Qszavev ~raaterat~r to the POT11 from persons ou Q av ~ eY~ks that are, by ooatract or aarw•■.nt ..,mow Y Mho ' c YB9_ users of the ~~-1'-F -lflli~lwl~i4411eation .v. The tent also a•Agg the tunioiDality as defined iA 8eet+ S92 t*] of the AOt rhieh ha■ juri_ sdiatioa oY-tN-A 3adirsot a Eros sash a r..r. ieoharces to and the di■ehwrnw. i Pretreatment assns the reduotioa the elt of th a■ ~u~• .+f pollutants. j p4llutaaiaatioa o! oo~l„►■„+. the alteration o! the n■tL at erooer i• in rasters •r i prior to er in lien '~s8-D211~3taats into th• pOT11 This reQuotion itlteratien can bs obtained by ohv011911 , ch*LJ%L~, or bioloviW proosssast by Dtocess ohaa~es} diluting- conoentrat ---~~-At~'1 eYC--- °at by ~ anDlioable oretreatasnt~taAQa~ co]] ,..a.so allowid by an National Pretreatment Standard or Pretreatment Standard or Standard: any re~letinn containing pQllutentlscharge Ilmfta promulgated by the FpA in acccordanc Q1 the air to Us'L3 97 fbr and fol 8 9rs burDissuento °rohibt {Qes and to r limits establ Acd- LU ounai.Sd1~rQ eatmen andards estahrished b4 40 CFR C22,LG - pUrsLant raeans a toiletvwhere wa testareseither buried type sitel or u col lecteused as disposed of elsewhere, d and 1g.12 QS weans all aeydgs h,san s:°Ta a. raste UMA or other oraanio ragtag auoh~ay as to~teatial in■ ° mission o! Qissase to or_ ~tdi13% in the trans- betwsea anv Darson or Dar■en■ Sanitary sewer means a sewer intended to receive domestic wastewater and admissible industrial/commercial wastewater, but to which storm water, surfaca water and groundwaters are not inten- tionally admitted. PACE 8 or ~j ~g~^Calle, Septic tank means any covered watertir ht tank not congQ/to the wastewater system and which is desigi:ed for the treatment of wastewater Septic systems (on-site sewerage tacil!61esj means a seraae treatment evatem which anaerobicaliv treats seraae through the use o! •eptia tanks, subsurface drainfield and methods used for the disposal of wastewater other than tbo disposal systems operated under a permit issued by tho Texas Water Com"issioa. Service line a?~±ns that pert of the horizontal piping of the building drainage syr,tem beginning at the outside foundation wall and terminating at its connection with the wastewater system. Savage means water wbiob contains, or which has been in con- tact with igNaio and inorganic contaminants suob as human or animal castes vegetabl• utter, ocooking fats and greases lauadrv and dishwashing detergents, and other chnica nmmRn, nds and vastq product, Sewer means a pipe or conduit for carrying wastewater. I ' Sewer system means all facilities which are owned by the city for collecting, carrying, treating and disposing of wastewater. Shall means the oblication or nece.si y to respond: mandatorn action, Significant Industrial User means: !.L all Users sutie n_Cateaorical Pretreatment Standards un er IO CFR 403.6 and s0 CAR Chapteri, Subchapter Wr &L Any User that., i Qischa"ge an aYBrage of 25.0 00 gallons or more of reol led process vastevator into the PO'1Tr du_ring~ tventyfour 124) hour egr(.vi, nr 1yJ Has a re~~sonnble pgtontial i the opinion of the erecuttve director of public utilities, to adversely alt@et A07a+RCs" tiono (including but not limited to Interterence as though sludge cnn= ~aminetion or end nQerment of EM vorkersl or fb) violate any pretreatment sta++dard or rQuirement Signiticant noncomnli nre manst Chrenio violations of vu er ter disgharge limits, 'a- lined here a■ those is which sIIIII aiz percent or more of all of the measuruents taken dUiny a six-month period exceed ( by may magnitude) the daily maximum limit or the averac• limit for the same pollutant paramaterr PAGE 9 ti y,^ j N 0 l~rCYlJll 131 Technical Review Criteria (TRC) viOlatione, defined here V-0 T as those in whioh thirty-three percent or more of all of the measurements for each pollutant parameter taken dur- ing a six-month period equal or exceed the product of the daily Maximum limit or the average limit multiplied by She applicable TRC, M rpy other violation of a pretreatment effluent limit (daily MgximW or lrlgli-term average) that the City of Denton detarzines bas caused, alone or in combination with other disoharges, interference or pass through linoluding endangering the health of POTW personnel or the general public)t 141 &ay discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the eaviron- sent or has resulted in the POTN's exeroise of its leer- ; cenoy authority under provisions of the City of Denton Code of Ordinance to halt or prevent such a disaharget i { i,5j Tiailur• to meet, within 9o days after thM schadule date, a c9aplianoe Achedula_ silestpne contained in a 100s1 coA&rgl mechanism or enforcement order to starting con- struction, completing oonstruotion. or attaining final compliancet III Failure to provide. within 30 days after the due date, required reports such as baseline monitoring reports, 9o- day eo ime reports, periodic self-monitoring reports. and reports on compliance with ootgliance schedulest iZl railure to acourately report noacoaRliancet M Any other violation or group of violations Whichthe city of Denton deteraines will adversely affeot the overatio!l or iakleaentatioa of the local pretreatment program. Slug means any discharge of wastewater concentration of any given constituent or in quantity of flow for any period longer than fifteen (15) minutes, more than five (5) times the average twenty- four (24) hour concentration gr flow 21 normal operations of JW user in question. Slug load means any pollutant discharge at a flow rate or AD060tration which cquli cause a violation of the specific p) hibiti0ns under 8e0%ion 26-197 or 40 Cn 403,¢ (b) to 40),12_(1),_ Standard industrial classification (SIC) means a classifica- tion pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the Pres{dent of the United States, Office of Management and Budget, 1972 or latest edition. Standard methods means the latest edition of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Water PAGE 10 A~,:t 3 N No, ~l4oliGasl~4+..r.. aa;ncaltam~~_._ L?7_ 1$-4~ 1 30Ptit Works Association and the Water Pollution Control Federation. Storm drair or storin sewer means a public drainage pipe which caries storm tended tocarry ~wa wastewater surface other than a unpolluted ecoolingswater. Storm water means rainfall or any other form of excess water which is derived from precipitation. Suspended solids means solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by acceptable laboratory procedures as set forth in standard methods. Total dissolved solids means the material left in the vessel after evaporation of a sample and its subsequent drying in an over at a defined temperature. Toxic substance means any substance, whether gaseous, liquid or solid, which, when discharged to the sanitary sewer fo- cient concentrations, as determined by the 2tl4YSin director public utilities, may be hazardous to sewer maintenance and per- sonnel, tend to interfere with any wastewater treatment process or to constitute a hazard to human beings or animals or to inhibit treatmentnplthe antreceiving wastewaterrecreation fr m ahazard watersooflife the effluentcreate Transport truck discharge (TTD) permit shall mean a permit to deposit or discharge septic tank, cesspool or seepage pi wastes into the wastewater system. Trap means a device designed to skim, settle or otherwise remove grease, oil, de flammable etering the watewater harmful sub- stances from astewater befor system. User charge means a charge levied on users of the wastewater system of f such the capital cost, as well as the works, as set forth in this Codeeration and mainten- ance Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wastewater means the water-carried wastes which are discharged into the Vasterter system. Water closet means a compartment or room equipped with a toi- let that is properly connected to the sanitary sewer and has the means for mechanical discharge. (Code 19661 S 25-132) Cross reference - Definitions and rules of construction generally, S 1-2. PAGE 11 Ja,-No r 403~'._ eeo. 26-134. Administration. Except as otherwise provided, the executive director of util- ities shall administer the provisions of this article. (Code 1966, S 25-133) Bso. 24-355. Procedures for abatement of violations. (a) Notice and order. Whenever the executive director of utilities has determined that any person has violated any provision of this article or that such violation is continuing, reoccurring or may reoccur, he may, in addition to any other remedy provided for in this article, issue a notice and order directing that such violation be corrected or such other order as is necessary to pre- vent the violation from continuing or reoccurring. Such notice and order shall state: (1) The nature of the violation and the provisions of this article which have been violated; (2) The corrective action that must be taken to corrector abate the violation; (3) khe amount of time within which the violation must be corrected; (4) s ■tattaeat that the person to whom the notice and order are issued may appeal from the notice and order to the environmental appeals committee by filing in writing with the executive director of utilities an appeal and filing fee within ten (10) days of the service of the notice and order= j" (5) J1 atateaaat that failure to comply with the notice and order and failure to file a timely appeal may result in termination of wastewater service. (b) Service of notice and order. Any notice and order issued under this article shall be in writing and served in person or by registered or certified mail on the record user or users of the wastewater system or other persons determined to be responsible for such violation. (c) Appeels. Any person may appeal the notice and order of the executive director of utilities by filing a written notice of appeal with the executive director of utilities on forms provided by the director and by paying a filing fee established by the city council and on file in the office of the city secretary. Such notice of appeal shall be filed and filing fee paid within ten (10) days of service of the order. fee are)filed,n1theiexecutive irectorf of no timelpea tilities may, ifd a filing viol- ation is continuing or reoccurring or may reoccur, terminate PACE 12 a~n-~'~ho4 3-~ 4a~-:e0ai~9m vastevater service to the person ordered to correct of abate suc ~S ~yI violation if such violation has not been corrected or abated within the time specified in such order. (e) Smergengy suspension of servlcg, S31 Suspension The executive director of utilities may, without prior notice, s4si:*M water service. sanitary sewer service and/or storm Sewer access to a user or to a Berson discharging to the Storm Bever when suob suspen- sion is necessary in the onion of the executive direc- tor of utilities to stop an actual or threatened dig- charge wbichi Presents or may present imminent substantial Bang*r to the environment or to the health or gelfare of personsi {;ii Presents or may present imminent substantial danger to the POTN. Stgrs Sever or llatera of the Orates or (iii) Will ague* pass through or interference of th• POTN. lu Notice of Suspension as soon as is practicable after the suspension of service. the executive director of utilit as shall notify the User or the person discharging to the storm Sever of the suspension, and order such ,person to cease the discharge immedlately. Sw~ other steps. If a paraon fails to ON "I with an order issued under Subsection (Z), the executive director of utilities shall take such stags ar it deems necessary to prevent qr minimise damage to the storm sewer, POTW or Waters of the Statt, or to minLise danger to persons. Ouch MORE may Include immediate severance of a arson's sanitary sewer conneotion, Reinstating Service. The executive director of utilities shall reinstate suspended services to the Use or to the person discharging to the Storm seyerl jil Upon proof by such person that the- noncomplying discharge has been eliminated (ii1 Upon payment by such person of its outstanding liatar, aewa and storm water utility charges. (M) Upon payment by such person of all oosts incumO by the City in responding to the discharge 9r threatened discharger and (iv) Upon payment by much person of all cysts incurred by the City in reconnecting service. PAGE 13 -1o,,saNo . h~ ,custom J a'o ~ ~5 qg Britten Btatemeat. ttithin live (S) days of the day oi`'~'_" suspension of services, tbt User or the Versos dischara- ina to the storm Bower shall submit to the executive director of utilities a detailed written statement des- cribing the cause of the discharge and the measures taken t2 preven% any future coourreaoe. (6) Right to Hearing. A person whose service has boon sus- Rendod on th* issue of the suspension. The hearing shall be conduoted in accordance with subsection of this section. (f) Nearing and determination. (1) An environmental appeals committee is hereby established and autaorized to hear and decide appeals from any order j issued by the executive director of utilities pursuant to I this article. The committee shall be composed three aea- bars a Rointed by the city manager, go individual A9= Rpinted to the committee @b all be emploved in the chain of command of the executive director of utility` ' (2) The committee may call -%nd hold hearings, administer oaths, receive evidence at the hearing, and make findings of fact ■ad deoisions with respoot to aatinistorina,_W powers in this ohapter. (3) Upon the hearing, the committee shall determine if there is substantial evidence to support the executive director of utilities' determination and order. The decision of the committee shall be in writing and contain findings of fact. If the committee determines that there is substan- tial evidence to support the determination and order of the executive director of utilities, the committee shall, in addition to its decision, issue an orders a. Requiring discontinuance of such violation or condi- tion; b. Requiring compliance with any requirement to correct or prevent any condition or violation] or c. Suspending or revoking any permit issued under this article. (4) In any decision and order issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail. (5) Should the appellant fail to comply with the order of the committee within the time specified therein, if any, the PACE 14 t, ntlaIler~. executive director of utilities, in addition to any other remedy provided for in this article, may terminate sewer service to the appellant. (Code 1966, $ 25-174) Sec. 26-156. Penalties. (a) A person who violates any provision of this article shall, upon conviction, be punished as provided in section 1-12 gj tb• ~'oeaezal Proyisions~~ -chapter of this Code. - ~b~ Th! ~uY xt•oraeY is aytAori:ed to co~uenas •n .htiorl appropriate leeal or earuitabl. r.l+.R a ~ pet41at riadiation e~oh relic! say iaolude+ (1) ~1a~uaotion to prevent a violation of this Shay 9r: (2) Recovery ford ••ges to the POTIf or 8 ors 8erer_resultia0 from a violation of thi■ e++ap (3) Reaoverv for ezpensea iaoLrred by the city In reepondinc to a violation of tbia Chan (4) R~ivil tine o! up to One TbenI " Cents Violation Of Sections 96-151 throu0h 96-4oet and (5) KII OVIIIIIIIII: I IIIIIIIIIIIII I; III, III,, ;l;! III! j: 1111! lijigilli remedies which the city MAY be entitled 8410. 26-157. Determining the character and concentration of wastewater. (a) The wastewater discharged or deposited into the waste- water system shall be subject to periodic inspection and sampling as often as may be deemed necessary by the executive director of utilities, Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the wastewater system and determining the existence of hazards to health, life, limb and property. 111 Except as indicated in Sec 6 X57 (AU suhcar*i.,n M below, the user mist collect wastewater a ~p1es us~n~ flow Dronort~onel o matte collection techni~es in the event flow promrt~onal samFIin9 is infeasible the executive direc or of utilities may euthorlae the use of time vroyortional aamoli____nv or ~,~nimum of BddlDlea where the ,:.Y demonar .ttea that this w 1I pro_ vide_e repreaen etive sample of Aho effluent being dis- Show comnlience with instentaneoua dischar 121 ~dmDles for oiI end Breese re .-pa, cvanfdfi. ehenola, sulfides end vola~;le eryenic compcunda must be obtesne_ Q us_ ino grab collection a hntques, PAGE 15 - r,N (b) The examination and analyses of the characterisAcs of waters and wastes required by this article shall be: (1) Conducted in accordance with Section 304(h) of the Clean Water Aot: 40 CrA Part 136 and amendments thereto: or any technigmes approved by EPA: and (l) Determined from suitable samples taken at the control manhole provided or other control points authorized by the city. (c) The determination of the character and concentration of wastewater shall be made by the executive director of utilities at such times and on such schedules as may be established by the executive director of utilities. (d) Any person determined to be discharging wastewater in violation of this article shall compensate the city for the cost of sampling and monitoring the discharges until such time as the dis- charged wastewater is in compliance with this article. The execu- tive director of utilities shall determine the number of samples and the frequency of sampling necessary to maintain surveillance of the discharges. (Code 1966, $ 25-136) Sec. 26-150. Approval of plans, issuance of permits and certifica- tion of final inspection. (a) Wastewater system work permit required. It shall be un- lawful for any user of the wastewater system to construct, recon- struct, modify, enlarge or alter any equipment, device, machinery, apparatus or facility or system or component thereof which is used or is intended to be used to treat, process, measure or convey any wastewater which is or will be discharged into the wastewater sys- tem without first obtaining a wastewater system work permit from the executive director of utilities. (b) Requirements for permit. A wastewater system work permit shall be issued when all plans, drawings and specifications are submitted in such detail as the executive director of utilities may require and the executive director of utilities has determined that the work to be done will result in adequate treatment, processing, measuring and conveyance of the wastewater discharged into the wastewater system in accordance with the provisions of this article. (c) Certificate of final inspection upon completion. (1) Upon completion of the work to be dons under the waste- water system work permit, the executive director of utilities shall inspect the work and, if done in accord- ance with the permit, the executive director of utilities shall issue a certificate of final inspection to the per- mit holder. PACE 16 (2) If the completed work does not comply with the plans and %oJ kii specifications submitted for which the permit was issued, the executive director of utilities shall require such correction as necessary before a certificate of inspect- ion is issued. +i (3) No person receiving a xaat•xat•= system work permit shall utilize or make use of any equipment, device, machinery, tapparatus or of final inspection is issued in permit with this article. i director of Rightut utilities the right to inspect any work d neeorxrequir- ed to be done under this article. (Code 1966, g 25-137) ' i I Sea, 26-139. Inspections. I Representatives of the city, the EPA, alga and the state health department or any~s ccesssorxagency bear- ing proper credentials and identification shall be permitted -to enter uoo° the ar•aisa of iaduatrial uur• inspection, observation for the purpose of the raat~M system or any wastewater dischargedgInto the NAAt&of X&Ju system or aainatioa o! anv records •f• ~ aativiti•s aasooia •d -AW4-4D•r_ +tivaal ---~-~k~ industrial ors •atm•nt nro~ras and c•a•ra~14a__o! hasardous vas~i and di•et~ •nvir_ oat see, o iaduatrial user A•oords -I!1 The •:•outiv dire r o[ utilities shall ha • access to. ind t_ h_ riah} o in■a•ot sad o00 any sad .alliadUAII:I;,I .ligL;a a 4Yia. !•DOrta. OOlr•aDOad•ne. iad all s thar•nt1 xh ti --y oaara• to h• POT11, disno•al sad/or a•n•ra ioa o! hasardous waste ana diaohar•a into the •avirotL•a fbI The r~duatrial user rhall b• r o! all into scion r•sul ins lros as ~oai records 1lallYi•i c_ r r•nortina activity r s 1°~~4 a ~inia+~ of !iy (s) v•ara, ir•d by these r~lalioaa for Phis n•~+~w •st•ad•d d+r- - icQ h• course of say u -~tieII shall b• - nr•solv.d lit+aatioa i•Card~nn .LQ2, Th• ooastitu•ats sad aharact•riatios o! ra■t••• w+ ahara•d by as iaduatrial Os•r shall no • and ahali b• available Other in_~tion obtained lroa doo+ • I's IIIIIIIIIIIIMXAAMMA._~- D4rts aorr•aDOIId•nc!, au•stionneiru n•ni ,e slits. ■Oni Oriaa ernti:. Q•• Der- dublio rithout r•s rio ion uai• ~ ns~~oilioallvabl• + .}h• the Intorms -the to Do obtAlnO4 hy PAGE 17 -is- s executive director, eor utilities that the ialornatien is F sldered confidential. Informati n @ bmitt.d "s exeoukive di- rector o! utilities by the Industrial User shall be stamped +~COnei- dential Information" on each page aoataiaiea s~•.+. + • tg;i the Industrial User wishes to be held ooatidential. It a claim e! ad. janet A ma the ns►+_1tc- k+!e exeoukive director util ti pia aoasult•tion KAth the city attorney shall determine i! such intonation in pro- tooted by law from disclosure under either the Texas oven Records hot or 40 CPR part ~publia Information), If the Industrial Vj2r does not claim the informs ion as conlideatial at the time the in formation is obtained by the executive di •^tor of utilities, it will be available to thethe_Rublia without further notice. LQZ hll Boa-domestic users shall furnish, upon renest to the City intor.•t+nw w-~A~A to deV~lOD a systematic program aa- aordiaO to the pretr•a &Ut stand A Or R•ayir... of of The sultioa must be available o the exeoutiw director utilities "I es for { inspection and reprOduotion. 8e0. 26-161. Rigbt of Entry, ]Ihenever necessary to Hake as inspection to encores any of the provisions of thi3 Chapter, Or whenever the executive diree or 9f stilities has reasonable cause to veliwe that there exists in any vehicle upon any premises nay condition or violation of this Chanter the executive A+ .ntnr Of utilities dates such vehicle. building or premises at nil reasonable times to iasneot the rams er to perform any duty imposed by this Chanter S! suob vehiOle building or psamiser arc oaa~pied, ga shall first present Droner aredential■ cad sew u t entry It suab vebiO~ building or praiser is unoaouai•d h~ shall first make a reasonable effort t0 ioaate khi owner or other person haying oharOq or aoatrol Of the vehicle, building or presiser and reaueak ea y If suah_entry it refused, or i! ae owner or other person haying obarge or OOntrel et h• -~ia'e, building or premises ota be located. the executive direc5•tor o! utilitie■ shall have recourse to every remedy p ovidad by law to secure entry Bear. 76-167 to 76-170. Reserved. DIVISION 2, SANITARY FACILITIES REQUIRED 8e0. 26-171. Connections required. ing is within one hundred (100) feet every any icity sanitary u sewer iand is utilized as a dwelling or residential unit shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance with all ordinances of the city regulating such construction and shall, within thirty (30) days after written notice to do so from the executive director of util- ities, abate and cease to use any septic system, dry closet or privy upon such premises. PAGE 18 I (b) Any i owner or occupant of every building where'Atw i-1 ng is within three hundred (300) feet of any city sanitary sewer 7ofyl and is utilized as a business or commercial establishment discharg- ing wastewater exceeding the limits established by this article shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance with all ordin- ances of the city regulating such construction and shall, within thirty (30) days after written notice to do so from the executive director of utilities, abate and cease to use any septic system, dry closet or privy upon such premises. The owne maintain such water occupant of goshall keep and all nconsuch nectionsproperty od condition and free from any obstructions. ~ (Code 19660 $ 25-154) Seo. 26-172. eeptio systems. taf eeDtia svsteas shall b• iae a11•a + Qrovirione o! the latest •di ion of the coaatruot+nw ■4~wA ~ - on-eit• swage raoiliti•e ae D~~lished b • T =°r etoa or env ether adainiatrative rules ogee . th- ~-TAC . fvrtda a ~++t oth r ww a Hereon to a1 ov a sea i its •a~raew taw+~ (Oi/~1 rltw~w ati it. or >.ithia 5000 felt o! the knits o h• ~ 11~on the durlae• et arcane tO 14L1111 s•Dtia eystear shall b• aoastruated e+n a ■ini■~. ~ ~iad of one of rare !or ei her oe (tide s•rydd by a sblio or Driyatd rater avatd (Code 1966, $ 2s-15sll0) Sao, 26-173. Dry closets prohibited. It shall be unlawful for any person to build, use or maintain any privy or dry closet on any lot or land within the corporate limits of the city, except for portable sanitary privies utilized temporarily. (code 1966, S 25-152) Sea, 26-174. Construction of sanitary sewers and connection, The construction of sanitary sewers and connections thereto shall be as provided in the ordinances of the city. (Code 1966, S 25-153) Does 26-175. Owner responsible Por aaint•nancs of sanitary sever service lines. building The r the maintenance of an drains shall not be or se vice lines# andlsuch m inte nce shall be the responsibility and duty of the owner of the any such service line, premises serviced by (Code 1966, S 25-154) PAGE 19 "'~aitem Seo. 26-176. _ n' Compliance With buildip re 1. 1 9 gulatioa■ -rigy~r~d, -`7. Sanitary sewer service shall not be furnished to an where the plumbing thereof has not been installed In accordance a or an any premises with the building ragulation i in the ordinances of the city, any other provisions as (Code 1966, S 25-155) provided Ala. 36-177 h■~.. r - The eYSOU•+aa_ all pL?+++~ =`:,;'-L: --'saafs■ or e...♦ Qea f8eo 21~1s3f rhie~ ones. 26-178-26,185 . Reserved, DIVISION 3, USE OF PUBLIC SEWERS Seca 26-186. Discharge prohibitions. to (a) It shall be unlawful for any person to discharge or cause be discharged into the waters or wastewater 207 or into a natural outlet materials, it such substances may or have an adverse effect on the environment or may otherwise endanger life, health nuisance, or property or constitute h a public determining h th a stability ofivesubstances for discharge into consideration onsIdet systom, the execut director of utilities shall give the ]1 {a to such factors as the uantities of subject substan- ces in relation to flows and velocities in the materials of which the IWAVAter constructed, a system, the wastewater treatment system is constructed, nature of ment plant, degree of treatebilit capacithe ty of the wastewater treat- treat- water treatment plant and such other f actors which ma y in be the pertinent Such evaluation. nent (b) (1) Any liquids, solids or to gasoline, kerosene aases, including but not limited ethers, alcohols, ne? nnaphtha, benzene, toluene, xylene, ates, perchlorates, bromatesld arbides hydrides, sul. tides or any other substances which are aireorother hazard to the system, which by reason of their nature or quantity are or may be sufficient either alone or by interaction with other substances to cause fires, ex- plosions or be injurious in any other way to the facilit- ies or operation of the lLUteIt.~_svrt! liQSgq 2 a~+.,,~-L~4~1Qtsd•oub ilaah bola .,•8.41 ~w~af teati~*..•_ A__.M (2) anyexplosion h zwhich meter to two be2more than five readings on cent or any single reading over ten (10 percent5ofpthe PACE 20 R~~ ~a~ra~~~$5y` lower explosive limit (LEL) of the meter as~easure at the point where the wastewater is discharged into the wastewater system. (3) Any wastewater having a pH less than five (5), greater than twelve point five (l_,sl or any wastewater having any other corrosive property capable of causing damage or hazard to the wastewater system or any person. (4) Any wastewater containing toxic substances in sufficient 4 quantity that may, either singly or by interaction with f other substances, injure or cause interference with any wastewater treatment process, constitutci a hazard to humans or animals, create a toxic effect in the effluent waters of the wastewater system or exceed the limitation set forth in the categorical pretreatment standards. A toxic substance shall include but not be limited to any substance identified pursuant to section 307(a) of the Act. (5) Any substance discharged into the wastewater system, such as residues, sludges or scums, which causes interference with the reclamation process or any substance which causes the wastewater system to be in noncompliance with sludge use or disposal guidelines or regulations deve- loped under section 405 of the Act or any guidelines or regulations affecting sludge use or disposal promulgated pursuant to the Solid Waste Disposal Act, the Clean Air Act and the Toxic Substances Control Act, as amended by the U.S. Congress. (6) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius). If, in the opinion of the executive director of utilities, lower temperatures of such waste- water could harm either the wastewater system, wastewater treatment process, equipment or have an adverse effect on the receiving stream or could otherwise endanger life, health or property or constitute a public nuisance, then the executive director of utilities may prohibit such discharges. in no case wastewater whiab causestte tem- perature at the introduction into the treatment plant to exceed 1040F 140901, (7) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess of J.wo hundreds2001 mg/l or containing substances which may solidify or be- come viscous at temperatures between thirty-two (32) deg- rees Fahrenheit (zero degrees Celsius) and,pne hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius) and whiob might pause obstruotion of flow in the Pgn resglting in interference. PAGE 21 f r'''' ' (8) The exeoutive director of utilities may reieot a~ay zas`4i which does not most the yo irements of this Ord nance.L The executive dirsotor of utilities may reauire any in- formation from an industrial user necessary to deteraine the characteristics of Abe User's wastewater discharge prior to the commencement of such discharge to the POTRt The executive director of utilities may d1nv or condition new, increased or ohanced contributions. (9) Petroleum oil, nonbiodegradable cutting _oil, or products of mineral of origin in amounts that will cause inter- ferenc• or pass through. ' r (10) Trucked or hauled pollutants except at discharge points designated by the executive director of utilities. E (Code 1966, S 25-160) f Beat 26-167. @pecifio Pollutant Limitations. It shall be unlawful for any person to discharge into the wastewater system, unless such discharge is allowed under the pro- visions of section 26-208, ahy of the following: (1) Any wastewater containing hazardous metals to such degree that any such material received at the point of discharge into the wastewater system exceeds the limits established below: Daily xaximum Disohargl~mits (mg/L) metal 00MR08it• ArMeni.4 c • 3a S~a4aiVa 0.10 Copper 1.36 gyanide L!!4 1,Qa Kerpurv~ Nickel 1.10 811yer o.17 "n 1,16 All concentrations _for meta iic substances are for "total's metal unless indicated otherwise.- + (2) Other metals not listed in subsection (1) of this section which will, in the opinion of the executive director of utilities, damage the wastewater, system or interfere with the treatment process; (3) Toxic organics found in quantifiable concentration Great- er than Os01 mg/L_(10 ppb) shall not total more than 2,13 gg/L for any disoharget Any Organic cougound considered PAGE 22 'n 'NO r, "~d~f6111~ :...ens g3~.~ toxic by tbp executive director of utilities and reason-a5 Cf Hl #bly expected to by found in the industrial User's dis- oharge may be inoluded in the calculations of total toxic organics if detected in any industry's disoharge in cman- tifiable congentration greater than 0.01 ma/L. (4) Any radioactive wastes or isotopes into the public waste- water system without permission of the city; (5) Quantities of flow, concentrations or both which consti- tute a slug; (6) Materials or substances which cause: a. Concentrations of inert suspended solids exceeding two hundred fifty (250) mg/L or total dissolved solids in concentrations greater than eight hundred (800) mg/L and sodium sulfate in concentrations greater than five hundred (500 mg/L); b. Concentrations of BOD exceeding two hundred fifty (250) mg/L, chlorine requirements exceeding nine '(9) mg/l or phosphorous concentrations exceeding five (5) mg/ L; c. Discolorations, such as but not limited to dye waters and vegetable tanning solution. (7) national categorical Pretreatment Standards The categorical pretreatment a I ndards found at 40 CPR Chapter 1. subchapter N. Pgrt ,31 uetal Finishing Cate- gory, are hereby incorporated. Boo. 2i-ise. Discharge of waters not containing wastewater. (a) It shall be unlawful for any person to discharge unpol- luted waters into the y1etewa1er system. Except with the approval of the executive director of utilities or as otherwise provided in this article, no storm water connection from any building or yard nor any drain from any catchbasin, lake swamp, pond or swimming pool nor any outlet for surface water, storm water or groundwater of any kind shall be connected to the wastewater system. (b) Within any area served by a separate sanitary sewer and a storm sewer, no storm water shall be allowed to enter the sani- tary sewer from waste or vent pipes of any building. Within any such area no downspout, roof leaders, gutters, other pipes or drains such as channels which may at any time carry storm water, surface drainage derived from hydraulic pressure or from well points or lake water shall be connected with any sanitary sewer. (Code 19660 g 25-162) I PAGE 23 { Boo. 26-199. Discharge to a natural outlet. d t" " It shall be unlawful for any person to discharge polluted water to any storm sewer or natural outlet within the area served by the city, except where suitable treatment has been provided in accordance with the provisions of this article and except where a Federal National Pollutant Discharge Elimination Systems (NPDES) permit has been duly issued and is currently valid for such dis- charge. A valid copy of such a permit and any modifications there- of must be filed with the executive director of utilities. (Code 1966, S 25-163) Boo. 26-190. Wastewater discharges requiring traps. All persons discharging oil, grease, and flammable wastes or other harmful substances in amounts that, in the opinion of the executive director of utilities, will impede or stop the flow in the wastewater system shall install a trap before the point of dis- charge into the wastewater system. Any person responsible for dis- charges requiring a trap shall, at his own expense and as required by the city: (1) Provide equipment and facilities of a type and capacity approved by the city; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and i (3) Maintain the 'rap in effective operating condition. (Code 1966, S 25-164) Boo, 26-191. Wastewater discharge from transport trucks. (a) Permit required. All persons owning or operating a vacuum truck, cesspool pump truck, liquid wastewater transport truck or other vehicle shall not discharge or unload any septic tank, seepage pit, inceptor or cesspool contentra from such vehicle without first having received a valid transport truck discharge (TTD) permit. (b) Permit tee. TTD permits shall be issued by the executive director of utilities upon proper application and payment of a fee established by the city council and on file in the office of the city secretary. All TTD permits shall be valid for one (1) year. (c) Unloading or discharge of waste or wastewater. It shall be unlawful for any person holding a TTD permit to unload or dis- charge any waste or wastewater except in a manner and at a place as specified by the executive director of utilities. Before discharg- ing under a TTD permit, the executive director of utilities may require the person holding such permit to furnish a sample of the contents of the material to be discharged as a prerequisite to discharging into the wastewater system. The executive director of utilities may refuse permission to discharge abnormal strength wastewater into the wastewater system. PAGE 24 i 1 (d) Rates for discharge. Any person discharging or unloading 7 normal strength wastewater under a TTD permit into the wastewater system shall be charged at the regular commercial sewer rates. Any person discharging abnormal strength wastewater under a TTD permit into the wastewater system shall be charged an industrial/ com- mercial surcharge rate. (Code 1966, S 25-165) Sees. 26-192-26-200. Reserved. r~^ DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE I Sec. 26-201. Permit-Required. (a) It shall be unlawful for any significant industrial user to connect to the wastewater system or to discharge wastewater to the wastewater system without first obtaining an industrial/ com- mercial wastewater discharge permit from the executive director of utilities. (b) All significant industrial users discharging wastewater directly or indirectly into the rast•later system prior to the effective date of the ordinance from which this article is derived may continue that discharge one hundred eighty (180) days after such effective date. Prior to the expiration of the one-hundred- eighty-day period, the significant industrial user shall apply for an industrial /commercial wastewater discharge permit from the executive director of utilities. (Code 19660 S 25-170) Cross reference-Licenses, permits and business regulations generally, Ch. 16. Boo* 26-202. gars-Procedure for obtaining. (a) Application. eignificaat industrial users required to obtain an industrial/commercial wastewater discharge permit shall complete and file with the city an application in the form pro- scribed by the city and accompanied by a fee established by the city council and on file in the office of the city secretary. New gignifiaant industrial users shall apply at least ninety (90) days prior to connecting to or contributing to the wastewater system for an industrial/commercial wastewater discharge permit. In support of the application, the sicnificant industrial user shall submit the following information: Lll All information r ired by 18[11 of this ■antion (2) Name, address, and location if different from the ' address; (3) SIC number according to the Standard industrial Classi- fication Manual, Bureau of the Budget, 1972, as amended; PAGE 25 A;, tlmito (4) Wastewater constituents and characteristics, including -~I but not limited to those mentioned in tAis article as determined by a reliable analytical laboratory; sampling and analysis shall be performed in accordance with pro- cedures established by the EPA pursuant to the Act and contained in 40 CFR, Part 136, as amended; (5) Time and duration of contribution; (6) Average daily wastewater flow rates, including daily, monthly and seasonal variations, if any; (7) Site plans, floor plans, mechanical and plumbing plans and details to show all service lines, sewer connections and appurtenances by size, location and elevation; (8) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged; (9) Where known, the nature and concentration of any pol- lutants in the discharge which are limited by any city law or regulation or by the state or categorical pre- treatment standards and a statement regarding whether or not the pretreatment standards are being met on a con- sistent basis; (lo) if additional pretreatment and/or operation and mainten- ance will be required to meet the categorical pretreat- ment standards; the shortest schedule by which the significant industrial user will provide such additional pretreatment. The completion date in this schedule shall LJ not be later than the compliance date c,atablished for the applicable categorical pretreatment s-:andard. The fol- lowing conditions shall apply to this schedule: a. The schedule shall contain increments of progress in the form of dates for the commencement and completion of major events leading to the construction and ope- ration of additional pretreatment required for the significant industrial user to meet the applicable categorical pretreatment standards, e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc. b. No increment referred to in subsection (a)(12)a. of this section shall exceed nine (9) months. c. Not later than fourteen (14) days following each date in the schedule and the final date for compliance, the sianifiaant industrial user shall submit a progress report to the executive director of utilities inolud- ing, as a minimum, whether or not it complied with the increment of progress to be met on such date and, if PAGE 26 { daitam. -93 not, the date on which it expects to comply with this increment of progress, the reason for delay and the steps being taken by the significant industrial user to return the construction to the schedule estab- lished. in no event shall more than nine (9) months elapse between such progress reports to the executive director of utilities. (11) Each product produced by type, amount, process or pro- cesses and rate of production; (12) Type and amount of raw materials processed, average and maximum per day; i (13) Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system; (14) Any other information as may be deemed by the city to be necessary to evaluate the permit application. (b) Modifications. Within nine (9) months of the pro- mulgation of a categorical pretreatment standard, the industrial/ commercial wastewater discharge permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard, Where a significant industrial user subject to a categorical pretreatment standard has not previously submitted an application for an industrial/commercial wastewater dischas,1e permit, the significant industrial user shall apply for ..n industrial/commercial wastewater discharge permit within one hundred eighty (180) days after the promulgation of the applicable categorical pretreatment standard. in addition, the significant industrialloomercial user with an existing industrial/commercial wastewater discharge permit shall submit to the executive director of utilities, within one hundred eighty (180) days after the promulgation of an applicable categorical pretreatment standard, the information required by subsections (a) (8) and (a) (9) of this section. (c) Cond}tions. Industrial/commercial wastewater discharge permits shall be expressly subject to all provisions of this ar- ticlo) and all other applicable regulations, ~gp~fioant industrial yamr charges and fees established by this Code. Permits shall contain the followings (1) The unit charge or schedule of ■igni icant industrial user charges and fees for the wastewater to be discharged to the vastevater systems (2) Limits on the average acid maximum wastewater constituents and characteristics= (3) Limits on average and maximum rate and time of discharge or requirements for flow regulations and equalization; PAGE 27 I o (4) Requirements for installation and maintenance of inspect- ion and sampling facilities; (5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of technical reports or dis- charge reports; (8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto; (9) Requirements for notification of the city of any new introduction of wastewater constituents or any sub- stantial change in the volume or character of the waste- water constituents being introduced into the wastewater system; (10) Requirements for notification of slug discharges; (11) Other conditions as deemed appropriate by the city to ensure compliance with this article and rraouirs_aa_n_ts of 40 CTR 40396 (f), (d) Duration. Permits shall be issued for a specified time period not to exceed three (3) years. A permit may be issued for a period less than one (1) year or may be stated to expire on a specified date. The significant industrial user shall apply for permit reissuance a minimum of sixty [60) days prior to the expira- tion of the significant industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit. The significant indus- trial user shall be infoi,ned of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. (e) Transfer. industrial/ commercial wastewater discharge permits are issued to a specified significant industrial user for a specific operation. An industrial/commercial wastewater dis- charge permit shall not be reassigned or transferred or sold to a new owner, new user, different promises or a new or changed oper- ation without the approval of the executive director of utilities. Any succeeding owner or significant industrial user shall also comply with the terms and conditions of the existing permit. (f) Reporting requirements for permittee. The permittee shall submit the following reports: (1) All Slaificant industrial users, includiaa my sourcesL that are subject to Categorical sretrea t standards imt submit Baseline Nonitori" =snorts (B1QSI to the ammtive director _of utilities in aacosdanoe 16th 40 Clil PAGE 28 403.12 Mo 3loF 1f A& rdsatifying inforsatioa the mama and address of the facility,_ iaoladinq the name of the operator and owner, DL Sasiroamental Permits A list of any enviroaseatal scntrol poraits held by or for the facility 9,, Description of operations. A brief description of th nature, average dustrial classifications of the operation h1 carried out snob user, this description should include a schematic process diagram which iadioates points of discharge to the POtw from the regulated processes. Plow Neasurtmant, information shoeing the measured average daily and Min= daily aloe, in galloaa M day. to the yM from regulated process streams an9 other streams. as necesam to allow use of the aam- 3?ined wastestream toxmia set gut in 40 Cn 403, i (s). !s x surement of Pollutants. 1,. the categorical pretreatment standards aoplioable to each rggulated process. 2a the results of sampling and analysis identifying the nature and ooacentration, and/or sass, where rewired by the standard or by executive director of utilities of regulated pollti +rte in the dis- ch&qt from each regulated process. instA&t"`- saus, daily ma=_i•nm. cad long-tea average can Qgsfhtions or was, wharf rewired, shall be reports '!he sample shall bt rtnreseatative of daily operations cad shall be analysed in aoaord- aaot with procedures set out in section 26-157(b) of this o;diaaaat. hs Ong bust bt performed in accordance with pr2gedures set out in station 26-157ta) 4IJ and (2) of this ordinanat. j, Cortifioation, r stataaent. revin2d kM the user's authorized reprtstntativs and certified b7 a qg laic ifitd professional, indicating whttber pretreatmtat sta_*- lords are be ag met on a aoasistent basis. -AML--" not, whither additional optr~tLon and maintsnanot (0 1 and/or additional gre-trulaent is,&M aired to wet the orttrtatoG t standards and rtwiremt*_ts. g& Compliaact sabtdult, if additional prttrtatmeat cad/or OIX will be rewired to meet the pretreatment standards, the shortest schedule by wbich the user will provide such additional orttreatmentwill provide such additional &"/or OU, PAGE 29 I ~p y~ { 6--15 -q,3 The completion date in this pchg4ule shall not later than the compliance date established for th! applicable pretreatment stapdard, a compliance sobeduls shall contain: 1.. P_ 2gress increments in the form of dates for the commencement and completion of major events lead- ing to the construction and operation of addi- tional pretreatment rewired for the user to meet the applicable pretreatment standards (such events include. but are not lW ted to, hiring an on veer, completing grel isinary and final plans. executing contracts for major components, com- goring and completing construction and beginning and conducting routine operations): 2-L No increments referred to above shall exceed ninq (9) months: J,, The user shall submil a prgMss report to the executive director of utilities no later than fourteen (14) days followina each date in the schedule and the final date of compliance in- cluding, as ajoinisum, whether or not it complied with the increment of pro=ms, the reason for wig delay. and, if aggMpXiato,. the steps being taken by the user to return to the established schedule; and I,, In no event shall more than nine (9) months slapse between such p ggress rePort to the executive director of utilities. J ILL signature and Cartification, all baseline monitoring rrports must be signed and c.rtitied in acoordalAce lith section 26-2021f) (14) of this ordinano.. With ninety 1901 days following the co sucrant of the coatributioa of waatawater into the PMW, say significant industrial near classified as a rawlated Catagarioai standard Iadustty, sad therefore aubi.ct to loderal Cate- gorical mrstreet~sant standards, shall submit to the su outive diraator of utilities a so-Day Cowliance Report in accordance with 40 M 401.12 fdl. ' 1~1 significant Industrial Users not classified as Categori- cal Standard industries may` at the discretion of the executive director of utilities, be gt=ired_to submit a Baseline Monitoring Report andiQy a 94-pay Compliance Report, ill Regulated Categorical standard industries subieot to a Pretreatz~at standard, after the compliance date of sick Pretreatment standard orAn the came of New Sources, PACE 30 attar Comm ncement of the discharge to the POTR shall~~/~ mu~mit a semi-)►nnual Complance ReDOrt to _the executive direotor of utilities in accordance with 40 CFR 403 32 (e). 1 1 significant Noll-cateaorioal Industrial users may be re guired to submit a semi-~et~.1 cosplilg 00 02ort to the executive director of utilities in accordance with 4e nve 103.32 (h). _ i¢1 ftai-Aanual Complinnce Reports required under subsections If)(4) and (51 of tbis section sham *ased on sampling AAd analytical data collected d~~+*~; the reriod covered by the report by both the executive Ill for of utilities and the Industrial user if ■etf-monitoring is performed $amDliag and analytical data shah br r. r....,t the gonditione eeeurr+n during t p a Of q he reporting period LZL 9atecorioal 6tandard Iadustriu shall perform sel!- mgnitoriaq sampl;nq and analygia of the regulated Mastestream at a !r ~enay stipulated by the Na.stewater ~ Cisaharce Permit. j iq! Categorical standard and_ Non-cateaorioal siq mr I industrial users say he required to eerier. rr~r moaitoriaq_on wastestreams, should the e=_eautive direo of utilities deem it necessa_~► eel!-monitoring sae~les shall be jollected preserved and laabmed in aaaorda*_oe with awroved metl~odo. (10) For each salt-moaitoriag r.rA1•• the ZMdustr+-+ User IS IL submit iadustriai molt-monitoriaq mrApling Reoort which shall iaalude+ u The dais, eutot ~aoe samaliag method, presernt on method, tiYes o! samod the -Amoco) of the aereoa(s) fling the Sal i The dates the =lyses were grloraed; 9i The analvtical teohnigues/method usedl and The results of the analyses, (11) For cateaorioal standard Industries, at least once during each s ui- nnual Compliance Reporting period, self- moaitoriag samples shall be analvssd for all federally regulated oar meters. 1121 I! self-scam orieq indicates a violation the Industrial peer shall notify the executive direotor of u4.41itlei within 24 hours of reaeiviag the results. The Industrial Qser shall also ripest the saapliaq And analysis and submit the resin s of •h...peat analysis within thirty PAGE 31 I ~n, fJ X91 days after becoming aware of the violation. For 34d~~1 Industrial users required to self monitor each month. Up next monthls self-monitoring may be used as the repeat sampling so Iona as the sample is analysed for the vio- lating_parameter and the tbirty (30) day submission deadline is observed. 171 All Compliance {reports, Belt-Mopitoring Sampling Reports and applications for industrial/commercial wastewater discharge permits must be signed by an Autborised official of the industrial User in accordance with 40 CFR Part 403.12(1). The Authorised official may designate a representative, in writing, to the executive direotor of tilities. The authorisation must soe0ify either an individual or a position having responsibility for % overall operation of the faoility from which the Indust- rial Discharge originates, or having overall re ponsil)il- ity for environmental matters for the Industrial User. If the authorisation beoomes invalid becaues of changes is responsibilities or personnel, a new written authoris- ation must be submitted to the executive direotor of utilities prior to or along with any report being signed and submitted by the new representative. (141 All Compliance Reports, self-Monitorinq sampling Reports and applications for industriel(cco morcial wastewater discharge permits must include the statements "I certify under penalty of law that this document Red all attachments were Drepared under my direc- tion-or supervised in accordance with a system designed to assure that Qya}ifisd personnel pro- perly gather and evaluate the information sub Bitted, Eased on my insmiry of the person or persons yho manage the system, or tbose persons direct y responsible for gathering the informa- t0n, the information submitted is, to the best of my knowledge apd belief, true, accurate and com- plete. I an aware that there are significant penalties for submitting false information in- cluding the passibility of fine and imprisonment (1S1 All industrial users shall notify the PORN immediately of all_disabarges that could cause Rroblems ta_the PM, h including any slug loadings by tbj industrial user. k (16) An Industrial user shall notify the executive diretor of utilities, the EPA Regional Waste Management Divisio Director, and the State,hazard_ogs waste authorities, is writing. of any discharge into the pOTW of a substance, which, if -otherwise disposed of, would be a hazardous waste under 40 CsR Part 261, in acoordance with 40 CPR 403.12 (p1, PAGE 32 y 67/57. 93 (17! The reports and other documenes reaui ed to b submitted f4)/ or maintained under this section shall be subject to: &.L Thy provisions of U.S.C. 19 Section 1001 relatina to fraud and false statementei kL The provisions of sections 309 (a) (4) of thq Rot, as amended governing false statements, representation. or oertificationt Q,. The provisions of 8gotion 309 (01 (6f of the Act regarding rerpgnsible cgrporat• o![iaes: and A.,. The Applicable provisions of this ordinance. Sec. 26-203. Same-Suspension or revocation. t (a) Permit not a vested right. A permit issued under this article does not become a vested right in the person holding the permit. (b) Grounds for suspension or revocation. A permit issued under this article may be revoked or suspended upon any of the following grounds: (1) The permittee has or is violating one (1) or more pro- visions of this article; , r (2) The permittee has failed or is failing to comply with one (1) or more conditions of a permit; (3) There is a change in conditions which requires elimin- ation or modification of the discharge covered by a permit; (4) Revocation or suspension is necessary in order to prevent harm or damage to the wastewater system or treatment pro- cess or is necessary to protect the health or welfare of persons, animals or property; (5) The permit was obtained by misrepresentation or failure to disclose all relevant facts. (c) Procedure for suspension or revocation. The executive director of utilities may issue an order suspending or revoking a permit issued under this article upon the grounds specified in this article. Such order shall state the grounds therefor and shall be served upon the permittee in person or by certified or registered mail. Such order of suspension or revocation shall become effect- ive after five (5) days from the date of service, unless the per- mittee within such five-day period files an apppeal and filing fee in accordance with section 26-155 of this artials. (d) Procedure for appeals from order of revocation or sus- pension. Appeals from the order of the executive director of util- PAGE 33 ities suspending or revoking a permit shall be processed and_he~rd- in accordance with procedures for other appeals as set forth in y~ section 26-155. (Code 1966, 5 25-175) Sec. 26-204, same-affect of suspension or revocation. Any permittee ano receives an order from the executive direct- or of utilities revoking or suspending a permit required under this article shall discontinue any discharge covered by the permit after five (5) days from notice of such order, unless within such five- day period the permittee appeals such order to the environmental appeals committee. Any permittee who has been notified by the exe- cutive director of utilities of a suspension or revocation of a permit and does not timely appeal such order or any permittee who has been notified of the order of the committee, after a hearing, of the revocation or suspension of a permit and who continues a discharge covered by a permit after the effective date of the rev- ocation or suspension of the permit may have sewer service termin- ated by the executive director of utilities. (Code 1966, 5 25-176) $so, 26-205, ease-Reinstatement of suspended or revoked permit. (a) The executive director of utilities shall reinstate a suspended industrial/commercial discharge permit upon satisfactory proof to the executive director of utilities of corrective action of the permittee of the conditions or discharge for which the per- mit was suspended. (b) A user whose industrial/commercial discharge permit has been revoked must apply for a nev permit and comply with all pro- visions and conditions required as though a permit had not been issued for such user. (Code 1966, 5 25-177) 8e08 24-204, Pretreatment of industrial vastewater, Significant industrii l users shall provide necessary waste- water treatment as required to comply with this article and the categorical pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the executive director of utilities shall be provided, operated and maintained at the user's expense. Detailed plans showing the pretreatment faoilities and operating procedures shall be submitted to the executive director of utilities for review before construction of such facil- ities. The review of such plans and operating procedures will in no way relieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable.to the exe- cutive director of utilities under the provisions of this article. Any subsequent changes in the pretreatment facilities or method of operation shall be reported to and be accoptable to the city prior to the user's initiation of the changes. All records relating to compliance with the categorical pretreatment standards shall be made available to officials of the Environmental Protection Agency PACE 34 Aaaeda No Ae~daltom or city upon request. (Code 1966 S 25-172 3 ~u( Sao. 26-207. Control manhole. As a prerequisite to receiving an industrial/commercial waste- water discharge permit, the executive director of utilities may, when necessary to monitor wastewater discharged into the wastewater system, require a significant industrial user to install a suitable control manhole together with such meters, equipment and ai urten- ances as deemed necessary by the executive director of utilities in order to adequately sample and measure such wastewater. All re- quired control manholes shall be located so as to permit unre- stricted access by the executive director of utilities. (Code 1966, $ 25-173) Sec, 26-208. Industrial/commercial wastewater surcharge. If abnormal strength wastewater is acceptable for discharge into the wastewater system under the provisions set forth in the industrial/commercial wastewater discharge permit, an industrial/ commercial wastewater surcharge shall be added to the base charge to cover the additional cost of treating abnormal strength waste- water. Juch surcharge shall be calculated as follows: Cu = Vu(IBu - 2301 B + tBu - 2 IMI Where: I Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested SOD level for user X or two hundred fifty (250)mg/l, whichever is greater. B is the unit cost factor for treating one (1) unit of SOD per one thousand (11000) gallons. Su is the tested SS level for user X or two hundred fifty (250)mg/1, whichever is greater. S is the unit cost factor for treating one (1) unit of Ss per one thousand (1,000) gallons. Sao. 26-209. Code of Federal Regulations (CPR) as amended, The terms and provisions not forth in this Chapter referencing end/or incorporating provisions contained in the Code of Federal Regulations CPR) are intended to adopt such sections to the CPR as they exist a~ the time of passage of this ordinance and as the CPR may be subsequently amended. BECTION Ii. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is hold invalid by any court PAGE 35 AQcndaNo,43-{~ A Je~~de Ilon ` of competent jurisdiction, such holding shall rfoi~tac - the r validity of the remaining portions of this ordinance, and the City 5 8 oT t)l Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III. That any person who shall violate any provision of this ordinance, or fails to comply therewith or with any re- quirements thereof, or a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars ($2,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the city of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTi JENNIFER WALTERS, CITY SECRETARY BY3 APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt PAGE 36 A~o~QaNo ~ Ag=n0a l!e 3qo Council, Public Utility Board Input Mr. Jerry Cott (Council Member) suggested that the 180 days limitation on filing for permit reapplication be reduced. This issue was discussed with the EPA and the 180 days language specifically refer to the NPOES program language. For our purpose as long as we allow sufficient time to process the application there is no problem with changing the requirement. The time period for submittal was reduced from 180 days to 60 days prior to permit expiration. Mr. Cott requested expansion of language dealing with confidentiality of industrial records. We currently have limited provisions in our pretreatment program to deal with these issues. To expand the protection of industrial user records we will add the language from the Texas Open Records Act. EXHIBIT 11 v I~:~Ja~i~ 9,~-02a Aaf•'idci 9m---- i Public Forum V 6 y` r Industrial Comments 1 On May 17th the Public Utilities Hoard held a public forum to { receive comments from industrial users concerning modifications to + the Denton Sewer Use ordinance. The following comments were I received at the public forum: 1. University of North Texas requested clarification on whether they should be Included under provisions of the pretreatment program due to their federal classification as an educational facility. (See Attachment 1) In discussing this Issue with the EPA their position Is that being classified as an educational facility does not exclude these facilities from complying with the provision of the Clean Water Act. The City of Denton has incorporated the federal rules regulating the pretreatment program and additional language necessary to implement the pretreatment program. The Sewer Use ordinance definition of Industrial /commercial user will include the universities in the pretreatment program. 2. Mr. Al Stenzil (Peterbilt) called concerned about the language in the ordinance referring to right of entry and making copies of documents. It was explained to Mr. Stenzil that the language was referring to documents and inspections pertaining to discharges of wastewater into the sanitary sewer system. 3. HCA Community Hospital and Safety Kleen were unsure if they were required to submit self monitoring reports. They requested that the reporting requirement language be clarified. Changes were made which hopefully will clarify the reporting requirements. We realize the complicated nature of these reporting r°quirements and any industry which will be subject to these requirements will be notified by the division and the provisions explained. I I I 1 AfTACHAtENT Z UNIvi?ltsirl' Ott NORTH TIIXAS' it1/SPONSIVIU TI III CITY 012DENToNIS poTW URArrr WASmWATI111 COLLECTION SYSTEM USB ORDINANCE 'the University or North Tcxas (UN'l) supports all efforts to prevent polluting the environment, UN I' also believes in the city of baton's Publicly Owned Treatment Works (PU'I'W) role In moniluring and controlling industrial user's processed wastewater disposal, Ilowever, the Clly of anion's 110'1AY Waslewaler Coldecliun System Use Ordinance in k its present form does not Include the unlvcrshy. The Clean Water Act, referenced in the ordinance, defines Industrial User to mean,,,"Those Industries Identified In the Standard Induslrlal Classiflcatlon (SIC) Minunl, Moreau of the Iludgel, 1967, as amended and supplemented under the calegory, Uivisiun b-Nianufacluring and other classes of slgnificant waste pruducers as by regulalion, the Adudnistralor deems appropriate," Since UN I' Is an educational Insittulinu, classified as MIticatlonal SIC 82200 it does not fall under ilia Divislun U-Manufacturing SIC code. 'therefore, by ilia Lnvlronwental Protection Agency's (HPA) definition, the university Is not classified as an Induslrlal User and as such does nol fall subje:l to the city's proposcd wastewaler ordinance, 'I lie university will be glad to participate on a voluntary basis In the City of Denton's PO'I'W morriloilug of waslewalcr to ensure no pollution Is being released from UNf facilities. However. 11 would W Impossible for lire nnlversity to use stale tax dollars to pay for ilia services as suggested by ilia City of benlon's P01W draft ordinance, lit order for UNT to be required to participale lit ilia City of Uenton's POTW wastewater J program, the linvlronmenial Prolecllon Agency must classify educational Institutions, SIC 8220, as industrial Users or fullher Identify Them A4 Significnnl Waste Producet'a. r y 14 C ITY~I ICOUNCIL, 1 l~l1l, II'1, 11r ~J ~~D~p0000 c ~ E _C1 r i ~J,ax z~ ~ ~1E { { s . r r 41 ttt' r :ii, ,r itir 44 h t:::i t Apendai D cite - - 3 10 ~s CITYo! DENTON, TEXAS MUNICIPAL BUILDING/ DEN TON, TEXAS 76201 /TELEPHONE (817) 588-8307 - Office of the City Manager MEMOF2ANDLJM T0: Lloyd V. Harrell, City Manager 3 FROM: Rick Svehla, Deputy City Manager I i DATE: June 3, 1993 SUBJECT: Cost of Loading Zones On June 1st, Council passed the updated version of the Loading Zones. We inadvertently forgot to fill in the blank for the cost of the zones. I have attached minutes from Citizens Traffic Safety Support Commission. Their recommendation of .50 par foot per month equates to a $132.00 per year fee for a single space, or a $264.00 per year fee for a double space. This cost is fairly similar to other cities that we surveyed and it reflects our approximate cost for installation and maintenance of the zones. In the prior ordinance, cost of the single zone was $120. If you or Council have any further questions, we would be happy to try and answer them. 1 ck Sveh a Deputy City Manager AMM002D9 I e:lwpdou\work\toed;e.a VidaNo. Aprd llem 65W(Pf aaf~7 ORDINANCE NO. AN ORDINANCE ESTABLISHING FEES TO BE PAID IN REL.\TION TO AN APPLI- CATION FOR OR RENEWAL OF A LOADING ZONE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: r--~ SECTION I. (a) That upon granting any application for a load- ing zone, the following fees shall be paid prior to installation of the loading zone: 1. A single loading zone shall be $132.00 per year; and 2. A double loading zone shall be $264.00 per year. (b) That any renewal of a loading zone shall require the payment of the following fees: 1. A single loading zone shall be $132.00 per year; and 2. A double loading zone shall be $264.00 per year. SECTION iI. That a schedule of the fees provided herein shall be maintained on file in the office of the City Secretary, SECTION III. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within (30) days of the date of its passage, PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTt JENNIFER WALTERS, CITY SECRETARY BYt APPROVED AS TO LEGAL FORMt DE RA A. DRAYOVITCH, CITY ATTORNEY BYt e A~0~01 No [Agar, I LOADING ZONE ORDINANCE REVISION UPDAM., June 28, 1990 3 O S The Citizens Traffic Safety Support m directed staff to review ways of improving the existing nloading zone ordinance. The goal is to design an ordinance devoid of any ambiguity or lack of specificity, and that would be readily enforceable. The study is in progress and a summary of the information we have gathered from other cities is given below, 1. CITY OF DALLAS: i - Stopped charging fees a few years ago - Approves loading zones based on proven need - Loading zone is for general use and does not belong to any particular business - Loading zone violation is heavily monitored and severely penalized - Painted and signed by City crew 2. CITY OF FORT WORTH: - Fees are $1 per foot per month in CBD area and $.50 per foot in other areas - Fees due and payable annually on October 1 - Approval based on proven need - Vehicle parked and idle for 30 minutes will be towed at owners expense and fined heavily Painted and signed by City crews Cannot be used for private parking For general use 3. CITY OF GARLAND: No fees charged Cannot be used as private parking space Approval based on need Length based on type of vehicle Use strictly monitored Painted and signed by City crew 4. CITY OF DECATURt Does not have designated loading zones Loading and unloading done on alleys only No loading zone allowed on thoroughfares No fees 5. CITY OF ALLEN: Does not permit on-street loading or unloading 1 Loading zone Ordinance Revision Update AQ3Rd8M0. "L June 28, 1990 A;3r,Cd118 i Page 2 kofS F CITY OF WEATHERFORD: - Charges $125 per loading zone, per year i Belongs to the paying business - May not use for private parking but not enforced 7. CITY.OF MARSHALL: - Does not allow loading zones on thoroughfares - No ordinance - No fees 8. CITY OF ABILENE: c - Has ordinance - Director of Traffic and Transportation evaluates request and grants loading zone - For general use and does not belong to any particular business No fees 30 minutes limit, strictly enforced $6 fine and, may repeat after every 30 minutes 9. CITY OF BEDFORD., - No designated on-street loading zones - No ordinance 10. CITY OF BRYAN: No on-street loading zones No ordinance ll. CITY OF COLLEGE STATIONt No loading zone ordinance per as Loading and unloading covered in the "no parking' section of the ordinance (Section 10) Loading and unloading allowed in the no parking area for up to 15 minutes Strictly enforced and violatoro penalized No fees charged for loading zones 12. CITY OF GALVESTONt There is ordinance Director of Transportation evaluates and awards loading zones on a case by case basis Loading zones for general use Does not belong to any particular business - Violation strictly monitored - $15 fine per violation and may repeat after 30 minutes agen~aho ~ 3 L" ding Zone Ordinance Revision Update June 280 1990 AacndaIiem Page 3 ~'45 SOT ~ 13. CITY OF CARROLLTON: 1 No ordinance for on-street loading and unloading 1 Does not permit on-street loading and unloading 14. CITY OF PORT ARTHUR; - Loading zone ordinance exists - Does not belong to individual business For general use - 30 minutes maximum parking - Strictly enforced - No fees for loading zone i Taskforce Members: Paul Iwuchukwu, Staff Liaison, CTSSC 566-6358 Capt. Jim Dotson, Patrol Division Commander, DPD 566-8181 I 3180] i CSr r + { r ri .mot II,r r r ; 14 14l }fit i 7 ti r rt,. $fj}r} }Yr{I -Yj}j}:} ti I t illi`'tt CITY COUNCIL 44 -4 1 4 1 TE 4 l+t : t .E girl{ i ,.r 1 i t #t -TT T. I 44 7}I: iTf: 1~f~f;G ~ ~ ~ ~yk1#f~f , arG it lty! L f 3 ~,J ~fl t1 + t if I f 1 #i , r+4~4~' `N tf ' 1 tI I i 1 AOe~No. ~0 b Apendoilem,~' ra' CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Lloyd V. Harrell, City Manager SUBJ: CONSIDER CONTRACT WITH HDR FOR ENGINEERING SERVICES FOR LANDFILL PERMITTING AND DESIGN RECOMMENDATION: The Public Utility Board and Staff recommend approval of the contract with HDR for Engineering Services for Landfill Permitting and Design. SUMMARY: In November 1992, the Utility Department solicited Requests For Qualifications (RFQ's) from several firms to provide engineering services to assist in permitting and to design an extension to Denton's landfill and to perform studies for a comprehensive master plan on how Denton handles it's Solid Waste. Five (5) firms submitted proposals and the PUB interviewed three of those firms in December 1992. At that meeting the PUB decided to hire two of the firms to prepare preliminary master plans and present those to the PUB so that the firm who could beat help Denton achieve a quality comprehensive Solid Waste plan could be hired. On April 121 19931 the two firms presented their concepts of a master plan for Denton. As a result, the PUB selected HDR as the best firm to provide master plan and landfill permitting and design services for Denton. On June 8, 1993, HDR presented their preliminary Solid Waste master plan concept to the Council. Also, HDR's Contract for Engineering and Services for Landfill Permitting and Design was reviewed with the Council at the June 8th meeting. The contract includes: I. Development of a comprehensive Master Plan II. Address current landfill for Subtitle D requirements (must be done by October 1993). 111. Design and Permitting of a new landfill adjacent to existing landfill. IV. Project management of new landfill (optional) L! » Page 2 CPO V. Assist Denton in obtaining any other permits needed to implement Solid Waste master plan (optional) VI. Design and permitting of other Solid Waste Facilities (such as a composting facility, centralized materials recovery facility (MRF), etc.) (optional) The contract under consideration includes the Scope of Work and the "not" to exceed fee for Phases II and III. The Scope of Services and Fees for Phase I (Master Plan) will be brought to the Council in July after the staff and PUB has had the opportunity to assure a Scope of Services for the Master Plan that includes a good level of community Improvement and Input. Phases IV, V 5 VI are optional. If after Phases I, II and III are completed, HDR Is deemed the a the construction of the Landfill (Phase IV), secure additional permits (Phase V), design a Materials Recycling Facility - MRF, etc., (Phase IV) then additional Scopes of Services and Fees will be developed for Council consideration. T he Preliminary Master Plan outlines that regardless of how Dentonextensive Denton gets additional tla dfilllspace.np Because tof the many location benefits of the existing landfill, it is appropriate to first consider expanding at the existing site rather than attempt to locate at an entirely different site. Also, in the short term, Denton will need to respond to certain "Subtitle D" criteria for Denton's existing landfill and that work is covered under Phase II. Exhibit I Is the Scope of Services for Phase II and Phase III of the HDR contract. BACKGROUNDS The 1994-1998 Capital Improvement Plan includes $500,000 for Landfill Permitting and Master Plan; 1994 - $200,000, 1995 - $200,000 and 1996 - $100,000. The CIP includes $2,500,000 for landfill property acquisition, 1994 - $75,000, 1995 - ;75,000 and 1996 - $2,350,000. The CIP includes $30000,000 for landfill construction, all in 1996 (See Exhibit V). The CIP was developed in February 193 and the costs were the staff's best estimate of anticipated costs. The proposed engineering contract is for a "not to exceed" amount of $584,025 and it is anticipated that the Master Plan effort may cost $75,000 to $100,000. This results in an estimated total landfill permitting, design and master plan engineering cost equal to $650,000 to $685,000 vs. the estimated $500,000 listed in the V"Oa ND. CIP. In addition, it shovl man d be not agement services noted which may be added to this engineering contract in the future will be included in the $3,000,000 cost estimate of the landfill construction. The Capital Improvement Plan also includes $2,400,000 for recycling and alternate disposal programs. This amount includes engineering, public information programs, equipment and facilities, such as a materials recovery facilities. These programs are still very much in the planning stages and costs are estimates only and will be refined as the program is developed via the solid waste master plan process. FISCAL IMPACT: The contract amount is based upon an hourly cost times a multiplier with a fee not to exceed. The total i exceed" amount of $584,025 has been broken down by hase/task in order to "not to provide for a high level of administrative I control. The amount allocated to each phase is: l PHASES Phase I (Master Plan) AMOUNT/STATUS To Be Determined Phase II (Estimated) (Current Landfill - Sub-Title D) $61,245 , Phase II (Preliminary) (Current Landfill - Sub-Title D) $49,510 Phase IIIa (Estimated) (Landfill Design) $38,610 Phase IIIb (Preliminary) $434,660 ~ Phase IV To Be Determined Phase V (Optional) To Be Phase VI (Optio al) Determined li To Be Determined (Optional) Phase I fee is pending development of a detailed Scope of Work. The Phase Ir estimated amount of $61,245 I based upon those elements of dollars the proposed Sub-Title DeRegulations which we expect must be addressed. , The Phase II preliminary amount of $49,510 is based upon elements which Denton may be required to address, Hopefully, the Texas Water Commission (TWC) will be satisfied with Denton's current documentation and will not require the repetitive effort. If so, Denton could save theso monies. I i a~p~~aMo. A<~,i~a~tem City Council Report Format E~ HDR `TCO)X/ p?e T he Phase IIIa estimated amount of $38,610 is based upon those activities necessary to analyze and delineate the engineering requirement for expansion of the existing landfill. The Phase IIIb preliminary amount of $434,660 is based upon HDR's assumption that the TWC will be very definitive, realistic and reasonable regarding the interpretation and application of regulations currently practices vel ped. These regulations are imposing and procedures which have never been required in Texas before. Over application, extreme caution or ambiguity could result in a great deal of costly unproductive effort. I The amounts for Phases IV, V and VI are dependent upon the results of Phase I, II and III. Scopes of Work and 3 fees will be developed for each phase at the appropriate time. All fees provided are based upon HDR providing 100 percent of the engineering services. However, the contract does recognize that Denton currently has sufficient engineering staff to provide a significant amount of the support services and that as long as Denton's engineering staff is in tact, they will work toward that end. If In place for the entire agreement, the actual amount billed is estimated to reflect a 10 to 25 percent savings. The multiplier is broken down into two parts. Salary overhead, (benefits) is determined by multiplying the bare salary times 0.35. Operating overhead is determined by multiplying base salary times 1.70. The multipliers for direct cost and subconsu;tants are 1.00 and 1.10 respectively. The multipliers were low or lower than Denton Municipal , Utilities had been able to negotiate on previous engineering agreements. The actual fee is determined by adding bare salary salary overhead plus operating overhead plus direct cost plus subconsultant fees. 6 1 A'° ,tdallem S Page 5 The actual fee is determined by adding bare salary plus salary overhead subconsultantafeeserating overhead plus direct coat plus The contract amount does not include the cost of support contractingc or thesevdirectly and avoidingOthe 108 markup afar subconsultants. SOURCE OF FUNDS: The source of funds for Phase II will be from 1993 operating budget that will require an amendment at year end. The source of funds for Phase I. IIIa and IIIb is anticipated to be from certificates of obligations or revenue bonds issued in late j 1993 or early 1994. I Respectf ly submitted: ~V L1 yd V. Harrell, Ci y Manager Prepared by: R. E. Nelson, Executive Director Utilities Department `f I r,~^cfio - ,ahem EXHIBIT A SCOPE OF SERVICES ENGINEERING AND PROFESSIONAL SERVICES RELATED TO AN INTEGRATED MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM 1 CITY OF DENTON, TEXAS June e, 1993 The following Scope of Services is a proposed approach for establishing an integrated municipal solid waste management program for the City of Denton, Texas. It Indudes completion of the Preliminary Master Plan for Municipal Solid Waste completed by HDR In April 1993, addressing the continued operation of the current City of Denton landfill, and implementation of anew landfill on property adjoining the current landfill site. These major aspects of the work effort are outlined as three separate phases for clarity and organization. The scheduling for the three phases may overlap somewhat. Opportunities for reviewand adjustment of the throughout the course of this Scope of Services will be provided periodically program, which Is expected to encompass a timeframe of several years. The project will be initiated with a project kickoff meeting at HDR with ' PPro hate City Staff and outside professionals to discuss project objectives, procedures, coordination and concerns. Ongoing Project management functions will include attending six monthly status meetings at HOR's offices and six monthly status meeVogs in Denton. Additional monthly status meetings will be provided as additional services. Internal project team meetings will be conducted on a weekly basis with appropriate HDR staff, Project management will Include maintaining project communication and coordinating the activities of the project team including outside professionals and City staff. The Manager will monitor and control project scope, budget, and schedule; prepare appropriaete project accounting and monthly involoss; monitor and project staffing requirements; and identify tasks appropriate for City staff to accomplish. HDR will make up to three formal presentations to City Council or other City staff and officials to communicate project status, The Project Manager will maintain frequent day-to-day contact with the Engineering Administrator or his designated representative. The cost for project management and administration represents a one-year period and Is Incorporated In the costs of Phase Two and Phase Three. Additional cost for project management will be authorized at the end of one year. D4nron A•1 J~n~ 1, 1095 9E/61 'd EXHIBIT I Spy>-e°5cpiz~ tE 1,13C e>43 bpH jJ. The two major phases of the work described above are considered the primary eg rts_ However, as an outgrowth of the planning process, assistance with other phases of an integrated system may be indicated. Examples of such other services are mentioned as possible subsequent phases. These subsequent phases will be defined in more detail at a later time if appropriate. The City may or may not authorize each of these subsequent phases at their discretion. HDR will not proceed with any Phase without written authorization. It is recognized that the Scope of Services Is developed as outlined herein based on a presumed understanding of Texas Water Commission (TWC) Regulatlonswhich arecurrently in proposed form, These regulations may be modified prior to final publication and implementation. Furth6:more, the regulation of municipal solid waste Is a new responsbility of the current regulatory agency, the TWC. The regulatory program Is in a slate of transition as it Is being established under the jurisdiction of a new regulatory body. The proposed regulations have not yet been addressed in Texas. Regulatory Interpretation has yet to be fully formulated. Project uncertainty is also high due to a lack of comprehensive geotechnical and hydrogeologic data on the proposed landfill propoerty. Although a preliminary geotechnical investigation was conducted by others on a portion of the proposed property in 1989, this Investigation was solely to evaluate the genera! feasibility of one tract for future landfill development based on regulatory requirements at that Ume. A more comprehensive j Investigation of the entire property under consideration is essential prior to developing basic design concepts. The following Scope of Services and associated manhour and fee e3Umates are preliminary in nature. They are based on a general understanding of proposed regulations, developing regulatory interpretation and policies, and recent experience In the design and permitting of other landfills in Texas. The items in the Scope of Services will be reviewed and revised throughout the course of the project. Furthermore, the level of services necessary to fulfill the requirements of each task will be established with the concurrence of City Staff as the project proceeds. Therefore, it will be necessary to review and revise the estimated manhours and coat periodically, Monthly status reports will be used to call attention to changing project requirements as appropriate. Manhours and fees are presented in three categories. Those tasks which are currently believed to be addressed adequately in previous work or are not applicable are indicated as "Not included In this Scope of Work," Those tasks which can be reasonably well defined at this time have "Estimated Manhours and Fees" Indicated. Those tasks which cannot be adequately defined prior to further site Investigation or definitive regulatory interpretation, or both, reflect "Preliminary Manhour and Fee Estimates." Def fan A•= June s, 103 9E r02'd rZOV-096f4I2) LE 1dX KN3 80H WUeS160 £6, C0 Nnf { -C : 4-137 PHASE ONE • COMPLETION OF THE PRELIMINARY MASTER PLAN FOR $~f'<18 MUNICIPAL SOLID WASTE This Phase to be Completed as Additional Services With the Scope of Services and Fee 82513 to be mutually agreed upon at a later date, PHASE TWO - ADDRESSING THE CURRENT LANDFILL RELATIVE TO SUBTITLE D - AND STATE REQUIREMENTS It will be necessary to address the current landfill in order to comply with regulatory requirements pursuant to Subtitle D of RCRA and new Texas Water Commission (TWC) regulations. The submittals addressed In Tasks 2.1 through 2.16 must ba submitted Into the landfill operating record prior to October 8, 1993 if the landfill is to stay In operation after that j date. It Is assumed that it will not be necessary to reissue submittals which are already provided in the current permit documentation for the site. Those items which are already addressed and are, therefore, excluded from this Scope of Services are Indicated with an { asterisk, Those items which are addressed In the current permit documentation, but which may need to be updated or provided in more detail are indicated with two asterisks. Such items will be reviewed and guidance will bd obtained from the TWC regarding the necessity to readdress these items. If it is determined that additional work will be required in order to fulfill regulatory requirements regarding these submittals, the Scope of Services will be revised at that time to reflect any necessary modifications to the original scope. Those items which dearly are not provided in previous permit documentation are indicated with three asterisks, and are included In this Scope of Services. Denim A-! ,urn I. tm 9E/12 *d 4Da- 0%(PT2) LE id3a asN3 aCH sk3s:612 E6 r0 Wf a c 10 Its 5' 6715 Submittals to TWC regarding operation of permitted sites after October 9, 1993 maibd separately, It Is proposed that each submittal be provided to 'RYC Immediately upon completion in order to expedite regulatory revlew. In addition, it will be necessary to ensure that the current operation will yield the maximum possible disposal capacity while the proposed landfill is being designed and permitted. Phase Two includes both of these activities. Ta3_ k`'GitA Qoeratine prsn Not Included Pntfmina Prepare a Sita Operating Plan which includes the In Ws Soo" Manhour and Menhouurs and following. nt NhHe FM FMirn-}-~ ■ Job dewAptions for landfill personnel ■ Landfill operation procedures ■ Procedures for the detection and prevention of ! W MH acceptance of hazardous wastes J (;ssoo} ■ Fire Protection Plan ■ Groundwater Sampling and Analysis Plan, Including the Following. ■ Definition of background water quality e Sample eoileetlon and handling procedures I ■ Groundwater elevation measurement procedures ■ Statistical & analytical methods to be used for determining groundwater sampling 78 MH results (56300) ■ Outline the sampling frequency j requirements for the Detection Monitoring program ' ■ Lab & QA/QC Procedures J 060on AJ June IM 9E.zz'd r4417-0%(012) a ld3C WJN3 WM Wd6Sr60 E6r D0 Hnf i.,a.ttle Q ~ ac'L'JiI4m Task 2.2 - Site Development Plan Not Included Preliminary Es Mated Prepare a Site Development Plan which includes in this Scope Menhour and Manbours and the following. rWAtle Fop FcfiMMa Casa ■ Landfilling method J n All-weather provisions ■ Access control ■ Rate of waste deposition ■ Information on design features which is MH function to prevent discharges tStseo~ Task 2.3 - Site Layout Pljn Prepare 2 Site Layout Plan which includes the l following. ■ A constructed map showing: j Outline of units and fill sectors ■ Generat sequence of fill j ■ Location of all roadways r i ■ location of monitor wells and buildings ■ Generalized design of all site entrance 24 MH roads (51600) Task 2.4 - Fill-Cross Sections Prepare fill-cross sections to show the following. ■ Top of levee (not applicable) ■ Top of proposed fill ■ Top of waste ■ 130ttom of excavation ■ Monitoring wells ■ Watsr levels a Construction/design details of perimeter and toe berms (not applicable) i e Side slopes a Gas vents 28 MH ■ Maximum flit elevation J ($2250) a Top of final cover F 16 MH (51130) ' Donten Ad Jurw 1.1M 9E/E2'd t1D4-096cet2) G£ ld3a e>43 WH WU69160 M 00 Nnf I i I I G 3 ^azo Not Included Preliminary rEAsted in this Scope Manhour and Manhoura and as - o r aQ Prepare a constructed reap that shows the 1 following. ■ Contours exisUng prior to work on the site { ■ Location and quantity of surface water 11 drainage enterino/94ting the site ■ Outline the area within the 100-year eoodpialn Task 2.6 • Geoloov Report Prepare a geology report that includes the following. ■ Otscussion of regional physlography and topography including land slope, wate; bodies and facility ma>dmum and minimum elevations ■ Description of regional geology ■ Oescriptlon of geologic processes in the area, 1.6. faults, erosion, and wetland areas ■ Desuiptlon of regional aquifers a Subsurface Investigation report (borings) le ■ Description of geotechnical properties of subsurface atolls ■ Groundwater investigation report describing 64 MH water levels in the area and likely pollutant ($4600) migration pathways ■ Description of groundwater monitoring ve system including engineering drawings of typical monitoring well and well elevation data DInron Me Jun1 It. IM 9Cit,2'd 1100-0%("23 LE 1d3a 21SN3 WH WU6S:60 E6, 09 Wf Not Included Preliminary ~aE iiliarjd in this Scope Manhour and Manhours and n! Wnrlr Fan FaNrn+f `F~sa Taste 2,7 - Groundwater Protection end Dratnann Prepare a Groundwater Protection and Drainage Plan that Includes the following. Diagrams showing the locations, details, and typical cross-sections of the following, ■ levees (not applicable) ■ dikes (not applicable) a drainage channels a culverts ■ holding ponds a leschats collection System (not applicable) a Drawing Showing drainage areas and provide drainage calculations a Delineation of 1001ear floodplaln (Included In Task 2.16) a Drainage and run-off control analysis a Flood control and analysis 128 MH ■ Drawing showing cross-sections or elevations J $12,00 .00 of levees tied Into contours (not applicable) (510} Task 2.8 -Final Contour b"a Prepare a final contour map showing the final elevation contours of the landfill, drainage directions, and side slopes j~s 2.4 • Coat Estimates for Closure and y~a► Prepare led cost estimates for the following. a The cost of hiring a third party to close the landfill at any time during the life of the landfill , ■ The coat of hiring a Ihlyd party to conduct i 62 post-closure care, including both annual (S Mil and periodic costs (54600) De Man A•? Jun1 1, IM 9E~Sa d 1ech-2%(V t2) LE 1d3C W%3 tJQH IJtr65:60 E6o b0 N'?f Not Included Preiminery , Esbmated~ In this Scope Manhour and Menhoure and nr mm,k Er• Fc-i'r^iIN eggs Task 2.10 - Soil and Uner Ouglity CQntrol Plan Prepare a $oil and Liner Quality Control Plan to j address the following. N Construction method for soil liner ■ Installation and testing of flexible membrane liner ■ Testing frequency and procedure ■ Oefinition of Soil and Liner Evaluation Report and Flexible Membrane Liner Evaluatlon Report contents Teak-11 1 - Final Closure Plan Prepare a Final Closure Plan that Includes the following. a Description of final cover a Estimate of largest area ever requiring final cover a Estimate of the amount of waste on-site at 84 MH final closure ($8180) a Written coat estimate (same as one prepared for Task 2.9) Task 2.12 - Post-lure Care Plan Prepare a plan for Post-Closure Care that includes the following. a Description of monitoring and maintenance activities a Name of responsible person for post- closure care F 44 MH w Doscrlptlon of planned use for area during ($3300) post-closure oars t ■ Written cost estimate (same as one prepared for Task 2.9) , Denton Ai June a, lees 9E/32 'd , t1.017-09 0Q) GE 1d3Q UJ3 bOH Wb00t01 E6, C0 Nnr 1, a;1C~ddlteal ~ Not included Preliminary JY`t 2MO ed in this scope Msnhourand Menhours and of wnh Fu retmalu FAA& Task 2.13 - Landfill Gas Manaaement Plan ~ Prepare a plan that addresses Landfill Gas Management by Including the following. a Description of routine monitoring system ■ Specification of landfill gas control system E 200 MH ■ Back-up plan for use. if primary control ($22,000) system !ails Task 2,1- Aoalicants Statement 2 MH Prepare a statement for the signature of the ($130) applicant which specifies that the applicant has read the prepared plans and agrees to operate the landfill In a manner consistent with them Task 2.15 • Certfication of Groundwater 10 MH Monltorina System ($890) Prapere a statement certifying that a groundwater monitoring system Is in place at the Denton landfill that compiles with the requirements of the TWO regulatians Task 2.15 • Certification of Comnlfp _c _ vy L Location Restrictions Prepare statements certifying that the Denton landfill Is In compliance with the following restrictions. ■ Airport proximity ■ Floodplains (100-year) 262 MH ■ Unstable Areas J (S20,080) Task 2.17 - Maximizing Remaining Site Life 18 Review current operating methods to identify ($1475) potentlal modifications whlch might provide additional site life. Specifically, consider alternate dally cover. Calculate potential effect on remaining site life of alternate techniques K appropriate. WMen A I Jum 1. ton 9Ei12'd [ZPV-096(452) LE 1d3Q b%3 8CH WUW :01 E6, 09 W: i tda}'~2127~ Not Included PreRminery Estimated in this Scope Mo.nhour and Manhounz end of Work- Fu EMIMAIMA iwni Task 2.18 - Reoulatorv Mestinas 64 MH Attend up to three regulatory meetings in Austin ($6540) with City staff, Task ?AS - Phase Two Proleot Milinaaarient and 200 MH Administration ($10,620) (12 months) i TOTALS - PHASE TWO 524 MH 808 MH ($48,510) ($61,245) r oonloo A-10 Jos 6, 19#3 9C/82 *d 1L00-096!0121 LE 103 W-)N3 604 WbW:0t E6. 0'J wnr PHASE THREE - DESIGN AND PERMITTING OF ANEW LANDFILL ADJOINING THE 16& J4,S CURRENT FACILITY The following is an outline of the tasks associated with designing and obtaining a TWC Permit to Operate a Municipal Solid Waste Landfill (MSWLF) for a tract of land adjoining the current landfill site. This MSWLF will be either an expansion of the current landfill or a separate landfilt located adjacent to the current landfill site. Subtitle D and new TWC regulations have not been fully Interpreted by the regulatory community, This Scope of Services is based on Inlerpretation by HDR of the final draft TWC regulations published on March 9, 1993. It Is anticipated that the final regulations will not be significantly different from the draft regulations. However, when the final regulations are pubilshed, this Scope of Services will be reviewed and revised If necessary to reflect any I changes. As guidance and interpretations are made available from the TWC, the Scope will also be reviewed and revised as necessary. Estimated 3A - Analysis ,Manhmirc and Page Task 3.1 - Protect Initiation and Data Collection Obtain all site Information Including property surveys, aerial I photography, topographic mapping, floodpiain information, I zoning and land use information, subsurface Investigations, I groundwater assessments, wetlands determinations, and any other pertinent information regarding the current and proposed landfill sites available to the City. Obtain all pertinent site documentation assembled during Phase Two such as documentation of compliance with locations restrictions, and such as pertinent site information provided In the permit documentation for the current landfill. Determine data 72 MH collection needs, j ($4520) In conjunction with City Staff, Identify any required technical I and professional services required to design a landfill expansion and obtain a permit I After reviewing the information, determine the need for specifc outside services to develop supplemental site data, such as drilling and testing, aerial photography, and topographic and boundary surveys. DeMoM A-11 June a. IM 9ci62'd TGDC-096f9T?7 LZ id3a 8SN3 8CH WtiNiOT Z6, Va i4nr The following is a preliminary Scope of Services based on Estimated l yR typical landfill design and permitting experience in Texas. M=nhoursjand Pop Phase Three acuities will be initialed immediately upon notice to proceed. HDR shall provide or coordinate technical and professional services (excluding legal services) required to prepare a Type I municipal solid waste facility permit amendment for the existing City of Denton Sanitary Landfill or, alternatively, to prepare a permit application for a new landfill near to, but not adjoining, the current landAtl. These services shall include the following. i Task 3.2 - TWC Confereno 28 MH Most with representatives of TWC in Austin to discuss ($3170) pertinent issues, including the consequences of pursuing a j permit amendment (landfill expansion) or a new permit (new Iandf l), Select a design concept for further development. Task 3.3 EJdstina Data Review 3.3,1 Develop a preliminary conceptual landfill design (landfill fib MH footprint) as a guide for all future work efforts, (55000) 3.3.2 Collect the following documentation as available from I the City or other public sources. I I Dots, reports, surveys, and correspondence, etc. related G to the site • All air photographic coverage Including topography 3 I • Regional and site vicinity geologymydrogeology studies and data provided by the City ♦ 112 MH • Pertinent Federal, State and University studies i ($9370) • Documentation of regional cross-sections, test pits, I utility companies, borings, and water wells I • Groundwater use and users, groundwater quality, aA groundwater recharge areas j i I D•004 A-1I June a, IM 9E/W d ttdv-096rDt2, ZE 1d3Q 6'j3 aQH Wd10:01 1,6, vo Nnr .'IVryt Er~o~9 ~F Estimated Precipitation, temperature, wind velocity and direction, Maninnura and Faan evapotranspiration, evaporation and humidity data I ~ Sell map and topography J I I Potable water well inventory keyed to a map of wells I and springs within one mile of the site documenting well location, design, usage, water quality, and other J pertinent data available J J 3.3,3 Collect and compile current planning data. • Population and population projections j • Waste quantities gene rate dlaccepted Current and projected traffic counts on access routes and roadway limitations } 44 MH (=2910) • Land uselzoning within one mile radius Threatened or endangered specles' habitats II I Sites of cultural or historic significance I General discussion of vegetation existing on site 3.3.4 Review subsurface and hydrologic work performed by 28 MH others, if any, to determine the need for additional ($2720) Investigation. Assist the City In the selection of qualified sub-consultant end arrange for sub-consultant work such as drilling, testing, topography, surveying, aerial photography, archaeology, biological assessment, etc. as necessary. Task 3.4 Flald and Laboratory Investiae Iona 82 MH 3.4.1 Through site visits and a literature search, develop an ($8140) understanding of current conditions and prepare a preliminary soil boring plan and plezometer plan. Consult with the Texas Water Commission (TWC) to obtain their acceptance and approval. ' oenlon A-tS ~un~ 1999 9E/tVd 100-0%(012) 1E 1d3a 8!)N3 8CH WUlOiet ES, De wnj Estimated I MAnhnure ALA Fonc 3.42 Geotechnical Investigation Plan Prepare a preliminary boring plan presented on a copy of the most recent topographic map. Boring locations and depths will be J selected based on an understanding of the most J practicable excavation depths, anticipated depth to any aquadude, and regulatory requirements. Piezometers ( 36 MH may be installed in boring locations In order to assess F ($2780) the groundwater surface elevation and gradlent across the site. Previous boring data, if any, will be used to the extent practical to estimate the desired depth of E j penetration for any proposed boring and as an old to Interpreting and profiling subsurface strattgraphy. J I Preliminary 36 Design and PennlaJrT Manhour and Permitting Fwo VSHMAPAA 3.4.3 S'ieotechnic~l Investiaat M The proposed boring plan 550 MH YOU allow the correlation of geological data revealed in ($45,000) any previous boring and simultaneously provide the evaluation of subsurface conditions within the site boundaries. If Indicated, the subsurface Investigation will Include boring and testing as required to support use of any on-site soils for use In a lining system. All boring locations will be Identified on a current topographic map of the site and will include the surface elevation determined outside this scope by a registered professional surveyor. Alt bore holes not converted Into piezometers will be grouted from the bottom up with a non-shrink cement-bentonite mixture. 9valuatlon of plezometer data will Include the preparation of a potentlomebic surface map of the static water level across the site and recommendations for groundwater pressure relief and locating groundwater , monitoring wells. A HDR hydrogeologist will evaluate the results and prepare of a hydrogeologic model of the site. V*f t M A•14 June 1, 1995 9Ei2E'd TL9D-0%(012) LE ld3a b%3 WH WUMOT ESe M Nnr I Prellminary O ° y Manhour and ten CtfimAfoe 3.4.3 Surface WaterlHvdreleev cjudy HOR understands that 122 Mii the purpose of the Hydrology Study is to collect ($8200) available tits data, conduct field surveys, and evaluate surface water data to provide the following: Description of surface drainage systems, flood characteristics, and existing surface water quality • Understanding of groundwaterlsurface water relationships at the site If applicable, preparation of a reliable (defensible) site plan delineating the 100-year floodplain limits and 100- year flood elevation in keeping with available Federal Emergency Management Agency flood insurance maps and studies, and showing all surface water within a one- mile radius of the site boundary Work efforts to perform floodway studies, engineering, documentation, and to obtain permit approval of floodplain reclamation can be provided as addltfonal services If required. The following define those services required to complete a typical Hydrology Study. ' 3.4.3.1 Obtain available surface water data from the City, 24 MH previous studies, the Corps of Engineers (COE), ($1300) Federal Emergency Management Agency (FEMA), U.S. Geologic Survey (USGS), and Texas Water Commission (TWC), Existing hydrologic and hydraulic data will be obtained from the COE, FEMA, and USGS to provide baseline data for surface water analyses. In addition, results of currently avallable surface water models will be obtained for eveluabon. Surface water quality data will be collected from the TWO and USOS for ary applicable stream segments. Existing survey data wait be collected and analyzed to ' determine completeness. Comm A.13 hM 6. 1093 9VE2'd Tttr-096(Vt2) LE id30 8N3 WH W20:01 86d r0 wr 1 Preliminary';`T-(O p Manhour and _Faa F_ Hmat e 3.4.3.2 Identify additional survey requirements, as 8 MH needed, and give to the City. (S600) 3.4.3.3 Analyze surface water data obtained to develop 64 MH an understanding of the surface water hydrology ($4300) of the site, drainage characteristics, groundwater/surface water relationships, floodway, and 100-yeaf floodplaln limits. 3.4.3.4 Evaluate copies of available food profile models 40 MH to establish watershed hydraulic characteristics ($2700) and to determine specific hydraulic analysis requirements necessary for permit application development. 3.4.3.5 Prepare a description of drainage systems and 88 MH floodplains along with supporting drainage area ($5900) maps and floodplaln delineation shown on a topographic map. Prepare documantation of surface water quality and flow characteristics based on readily available data, Provide any available supporting documentation of 100-year floodplaln elevations, or Foodpiain Moodway delineation. 3.4.3.8 Identity surface water bodies on a topographic 24 MH map. Review previous watland determinations, if ($1800) any. If necessary, obtain a wetlands determination. 3.4.4 Geol chhnical Report Preoaratlan Prepare a 300 MH geotechnical report which presents a thorough (522,000) evaluation of the bask geologic and hydrogeologle environment. Additional information presented in the report will Indude an estimation of the quantities of major soil strata which may be available for cover matorisl, ats-specifc and regional Qeoioglc cross- sections, and supportlve data and/or evidence collected during the preliminary site assessment study, The report will be presented In a format suitable for inclusion In the permit application. OinWm A-11 June 6.11*3 SlVrr'd S[D7-O%(V12) G£ 1d3G b943 8CH Wb20101 86, 70 Nnf !,n o y~ in addition to meeting appropriate TWC requirements, the geotechnical report will include recommendations on the following: • Determination of seismic activity • Optimal depth of excavation • Dewatering techniques for excavations below the zone j of saturation if appropriate • Suitability of the underlying soil for meeting TWC requirements for all or a portion of the bottom liner • Procedures for re-compacting liners or other lining techniques (also included in the Soil and Liner Quality Control Plan) • Groundwater monitoring plan Pressure relief techniques, if necessary, to reduce hydrostatic head below the liner Task 3.$ - Permit ADOtica Ion encl Landfill Design 3000 MH Permit to Operate a Municipal Solid Waste Site The following ($270,000) describes current requirements for an application to TWC for a Permit to Operate a Municipal Solid Waste Site, Detailed requirements are provided In 31 TAC 330.51 - 330.58. Many items required In these new regulations have never boon provided In Texas. The costs indicate an assumption of dear and decisive guidon..) from TWO and are based on early guidance provided by TWC Staff regarding anticipated policies for Implementation of proposed regulations. Task 3.5 will be defined in detail after issuance of finalized TWC regulations. HDR will prepare the following or verify and utilize exhibits developed In the Original Permit Application for Inclusion In an application to TWC for a new Permit or Permit Amendment to Operate a Municipal Solid Waste Site (Site Development Plan). Part I.Osneral Information Pert 11 • Existing Cor d Lion and Character of the Site and Surroundinq Ares Part III - Engineering, Invesegative Repots, rid Schemak Desrcn Part IV - Site Operft Plan Part V - Construction Plen end Specilicadona GMoe A-1r June 8, 1WS 9E~5^c'd I!0C-095(4;2) L£ 1d3a b%3 WH Wb20e0t M 00 Nnr ^.,Ali tten:) Prellminary~`~O~ Nb Manhour and FPA f ll:mataa Task 3.6 - Permit Application ResubmIgal 400 MH After receiving one complete set of written comments from ($36,000) TWC on the Draft Permit Application, address corments and resubmit the appllcotion to TWC for a determination that it Is technically complete. Task 3.7 - Public Hearing Participation 160 MH Devote one senior technical, professional or principal, and the ($19,000) project manager for one week to prepare for one or more public hearings. In addition, tecfinicians/drafters will prepare displays or other graphic materials for use In support of testimony, During the hearing(s), devote one senior professional and the project manager for one week. This time will be devoted to either actual expert testimony or attendance at the hearing. I Additional resources are available to prepare for a hearing and provide testimony if necessary. The full resources of HDR's national solid waste staff are available for specialized testimony if warranted. ftcouss It Is Impossible to predict the level or sophisticaflon of opposition at a hearing, this taste will 340 MH be more clearly defined at a later date, ($18,060) T sa k 3.8 .Phase Three Piglect Management and &Orninistration 112 months TOTALS • PHASE THREE Preliminary Manhours and Pees Estimate 402OMH ($434,060) Estimated Manhours and Pees 468 MH ($38,610) DIMen A-11 JUN 6, 1"11 9£i9E'd 100-096(012) a 1d3G 8%3 WH 6K-0101 E6, 00 Nnr A;Cn13Pla. F e da.IIfm g- ^w- AGREEMENT BETWEEN CITY OF DENTON, TEXAS OWNER AND HDR ENGINEERING, INC. I FOR r AOFESSIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL INITIAL SITE DEVELOPMENT JUNE S. 1993 L i I 1 EXHIBIT II 9E/2'd 1100-096(012) LE 1434 N943 Na i No TABLE OF GONTFNTC 0150 IDENTIFICATION OF THS PARTIES DESCRIPTION OF THE PROJECT SECTION 1--BASIC SERVICES 1.1 Descri0on of Basle Services SUCTION 2--ADDITIONAL SERVICES 2.1 General 2.2 Subcontract Services Provide by Others 2.3 Other Additional Services SECTION 3--OWNER'S RESPONSIBILITIES 3.1 Owner's Representative 3.2 Provide Exlsting Data 3.3 Pro vide Standards 3.4 Provide Professional Serv;cea by Others 3.5 Provide Land Surveys 3.6 Provide Access 3.7 Examine Documents 3.8 Provide Environmental Studies 3.9 Provide Accounting and Other Services 3.10 Provide Advertising 3.11 Provide Prompt Notice 3.12 Approvals and Decisions SECTION 4••PEAIODS OF SERVICE 4.1 General 4.2 Completion of Services 4.3 Bidding Phase • Not Used 4.4 Construction Phase - Not treed 4.5 Changes 4.8 Prompt Authorizations to Proceed - Not Uaed 4.7 Delay SECTION 6--PAYMENTS TO ENGINEER 5.1 Payment Terms Defined 6.2 Bails and Amount of Compensation for Basle Services 5.3 Baal* and Amount of Compensation for Additional Services 5.4 Intervals of Payments Under Lump Sum Beals of Payment 5.6 Other Provisions Concerning Payments SECTION $-CONSTRUCTION COST AND OPINIONS OF COST - Not Used 9EiE'd S1CD-096c>S2) GE ld3a b`Jw baH wdts,6e E6, vo Nnr Ali; d~!lem _ SECTION 7--GENERAL CONSIDERATIONS id~6 4y8~ 7.1 Standard of Care 7.2 Termination 7.3 Reuse of Documents 7.4 Engineer's Liabllity 7.5 Insurance 7.8 Controlling Law 7.7 Successors and Assigns 7.8 Equal Employment and Nondiscrimination 7.8 Indemnification 7.10 Construction Procedures 7.11 Authority to Executo This Agreement 7.12 Changes {and Modifications tent i yy Agreementver 7.14 Exx of r / APPENDIX-.DETAILED SCOPE OP SERVICES,' I J 9Ei0 c! SL00-096(012) GE 1r13Q &X3 WH WlMSO M 00 Wf f A; 904N0 q.3 AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND MDR ENGINEERING, INC. FOR PROFEP"IONAL ENGINEERING SERVICES THIS AGREEMENT Is r -.de as of thh 8th day of June, 1993, between Clhr of Denton, Texas, with princlpal othoss at 215 East McKinney Street, Denton, Texas, 7$201, hereinafter referred to as "OWNER', and HDR Engineering, Inc., with oRces at 12700 Hillcrest Ste 125, Dallas, Texas, 76230, hereinafter referred to as 'ENGINEER,' for engineering and professional services related to an integrated municipal solid waste management system, hereinafter called the "PROJECT. OWNER and ENGINEER, In consideration of the mutual covenants contained herein, agree as follows: SECTION 1 • BASIC SERVICES f 1.1 Descriptlon of Basic Services 1.1.1 ENGINEER's basic services and res~onsibilitiew are described as follows and are further defined in the Appendix, Exhibit A, Scope of Services,' which Is made part of this Agreement as if fully set forth hereln. 1.1.2 ENGINEER shall provide professional ns~ervices to OWNER as hereinafter end advice The" dYAK vili structupral, miaeho l al, eiectrlcaf Randrisolid waste lion engineering services and related architectural and engineering services Incidental thereto. SECTION 2 • ADDITfONAL SERVICES 2.1 General The following Additional Senrioes are not included in the Basic Services. They shall be provioed If authorized or confirmed In writing by the OWNER, and shall be paid for by the OWNER as provided In this Agreement, In addition to compeneation for Baslo Services. 2.2 Subcontract Service Provided by Others ENGINEER shall coordinate the services of outside profeselonals who are under direct Additional Sin icce@ byRthe OWNER In wri ing ENGINEER will prodvide for outside as professional "Moos on a subcontract basis and ENGINEER shall be compensated as mutually apreed upon between the OWNER and ENGINEEA as set forth in this Agreemen(. Examples of such "Moos Include but are not limited to, land surveys, aerlal oholopraphy, topogrophlc mapping, soil drilling and sampling, geotechnicat laborattory Nrvrvifcee, analytiasl laboratory services, archasologleal seMcee and others, t)~ -1 June 6, 1 M 9EiS'd lipp-OW012) Ze idx Y>43 bI H WUIS168 E60 d0 HN f 53 2.3 Other Additional Services o~ When requested and authorized by the OWNER, ENGINEER shall perform the foliow(ng edditional services and shall be paid by the OWNER as provided In Ws Agreement, in addition to compensation for Basic SwvIces: 2.3.1 Performing Services resulting from significant changes in the general soop0, extent or character of the PROJECT or its design Including, but not limited to, changes in size, complexity, OWNER's schedule, character of construction or method of financing, reviews of redesigns, revising previously accepted studies reports, design documents or Contract Documents when such revisions are required by changes in taws, rules, regu#ations, re ulatory interpretation, ordinances, codes or ord,ra enacted subsequent to ttre proppara~on of such studies, reppoorts or d, :manta or are due to any other causes beyond EMQINEER's control. This includes those services resuiting from the Incorporation Into ENQINEER'I services of the Information required by Paragraph 3.2 which is furnished to Engineer a'tar the shied time schedule. 2.3.2 Conducting bid administration services for contracted construction activities. Preparing documents of alternate, separate, or sequential bids or providing extra services in oonnectlon with bidding, negotiatlon or construction. Providing bid administration services or extra services In connection with bidding nepotlatlon, or construction prior to the eomp(etion of the Permit Application and land ill Design, when requested by the OWNER. 2.31 Providing any type of property surveys or related engineering services needed for the transfer of Interests in real property and field surveys for desigpn purposes and engineering surveys and staking: and providing other special fieidaurveys, except as described in Exhibit A. 2.3.4 Preparing applications and supporting documents for private or governmental grants, loans or advances in oonnection with the PROJECT, preparing or reviewing environmental Impact statements and assessments, reviewing and evaluating the effect on the design requirements of the PROJECT of any such statements and documents prapared by others and assisting In obtaining the approval of authoritles having jurisa diction over the PROJECT. 21.5 Performing, services to make measured drawings of, or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other information fumished by OWNER. 2.3,6 Provid'ng project scheduling services. 2.3.7 Preparing documents for alternative proposals requested by OWNER for Contractor's Work which is not executed or documents for out-of-sequence work. 2,3.8 Assisting the Owner with bid protests, rebidding or renagotlating contracts for construction, materials, equipment or services. hearrin , Iitigallognt arrbeitrat on or othgeralegal or administrs witness InvoMng the PROJECT except as provided as Basic Services. 2.3.10 Performing services In connection with work directive changes and change orders to refisci changes requested by OWNER. Denton • 2 June 0, 1993 3fi9'd SL00-096(012) GE 103C b%3 HCh WUM60 £6, 00 Nil! f I rt(!9"~;' r~0 .13, Rfl a! Wnfs- 2.3.11 Not Used 2.3.12 Performing services during construction except as provided In Basic Services, 2.3.13 Performing additional Services in connection with the PROJECT, lnc,udin services which are to bs furnished by OWNER In accordance with Section 3, and services not otharwise provided for in this Agreement. SECTION 3.OWNER'S RESPONSIBILITIES So as not to delay the services of ENGINEER, OWNER shall do the following In a timely manner: 3.1 Owner's Representative Designate In wrttlnp a person to act as OWNER's representatIve wl to be rendered under lhIs Agreement. Such person shall have comoi eeauthority services transmit Instructions, receive Information, Interpret and define OWNLR's policies and decisions with respect to ENGINEER's services for the PROJECT, 3.2 Provide Existing Data ppPoorovide to ENGINEER existing data, plane, reports and other Information known to, In ENGINEERifduNes th P ECT.NAfio p+rovlde a critediind fu}l In olmiaton as to NER'e requirements for the PROJECT, Including design criteria, ob olives and conatraln a , apace , capacity and perlormanoe requir OW nte, fle limit sme xlbillry snd any buehry ations and furnish ooplea of ail design and eonetruclion standarcfa which R willl re Sufre to be Included fn the Construction Plan and and expandability, OWN Spacifiation$, 3.3 Provide Standards Provide within thirty peg days after authorization to proceed with preparation of Construction Plan and pearicatfons, a~ppedflo OWNER fumished Standard Details, Standard SpeolfiaUons, or Standard Blyding Documents whloh are to be Inco Into the PROJECT, The OWNER agrees to bear total responsibility for technical rated accuracy and content of OWNER-furnished documents. 3.4 Provide Professional Servloes by Others Furnish the sarvices of a driller, gooiechnical laboratory, aerial laboratory, land surveyor, topographer, or other consultants wheiuucchra ervices a elal deemed necessary by EX101NEER Sueh services shall Include without limitation, borings, probing* and subsurface explorations, hydrographio surveys, laboratory teats and Inspeotfone of sarnplet+, materials and equipment, with reports and approprlaio profs" onal recommendations. 3.5 Provide Land Surveys Provide land surveys to include property, boundary, easement, right-of-way, topographic and utility surveys, property descriptions, zoning, deed or other find use restrictions. o.rdon . 3 June 0, 1993 9C/4 4'd T1VV-096(012) !E idX bSO43 WH WUM60 E6, 00 Nnf MEW 1 I I q~inrirdFiO 3.6 Provide Access 340 JC4?-,- Arrange for access to, and make all provisions for. ENGINEER or ENGINEER's Subconsultants to enter upon public and private property as required for ENGINEER and ENGINEER's Subconsultante to perform services under this Agreement. 3.7 Examine Documents documentsilpreu entereports. t3 NEER, obtaintadvicSe pof an attomey,oInsuran.a counselor and other consultants as OWNER deems appropriate for such examination and render in I writing decisions pertalning thereto withln a reasonable time so as not to delay the services of ENGII EER. h 3.8 Provide Environmental Studies Provide, If necesaa Environmental A&."smsnts, or Environmental Impact Statements related to the PAOJ OT. Furnish approvals and permits from all governmental authorities having jurisdiction over the PROJECT and approvals and consents from others as may be necessary for completion of the PROJECT. 3.9 Provide Accounting anj Other Services Provide accounting, Independent cost estimating and Insurance counseling services as may be required for the PROJECT, legal services as OWNER may require or ENGINEER may reasonably request vAh regard to legal Issues partalning to the 1 PROJECT including any that may be raised by Contractor, auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monies paid under the oonstruoHon oontraet, and Inspection services as OWNER may require to ascertain that Contractor Is comph~inq with any taws rules, regulations, ord(nances, codes or orders applicable to his um shing and poWorming the Worts. 3.10 Provide Advertising Advertise for proposals from bidders if appppllcable, open the proposals at an appointed time and place, and pay for all costs Incidental thereto. 3.11 Provide Prompt Notloo Give prompt written notke to ENGINEER whenever OWNER observes or otherwise becomes aware of any condition that affects the scope or timing of ENGINEER'S services. 3.12 Approvals and Decislono At no cost to ENGINEER, provide the above data and services and shall render approvals and decisions as Is necessaryry for the orderly progress of ENGINEER's no formatlon and son ; * probvfededtibyy OfWNE~R orattOWNER s d recttiionpteteneee of all Dmtoe • 4 Jun. e, 1093 9s.e d urn-096(012) eE ld3a b9ru3 baH WHES:60 E6, 00 iJnf ys~ f SECTION 4 - PERIODS OF SERVICE 4.1 General The rates of compensation for ENGINEER's services provided for In this Agreement have been arrived at in anticipation of the orderly and continuous progress of the PROJECT through completion of the Services contained herein. ENGINEER's obligation to render services hereunder will extend for a period which may reasonably be required for the performance of ENGINEER's services and any required extensions thereto. 4.2 Completion of Services r ENGINEER's services under'each Phase shall be considered complete at the earlier of'. ~1 the date when the submissions for that phase have been accepted by OWNER; or 2~ sixty days after the date wham such submisslons are delivered to OWNER for final acceptance and If no actions are taken by Owner to indicate disapproval. In each case, such additional time as may be considered reasonable for obtaining appproval of governmental authorities having jurisdiction to approve the design of tha PROJECT shall be added to that particular Phase. ! 4.3 Not Used 4.4 Not Used 4.5 Changes , ! If OWNER requests significant modifications or changes in the general scope, extent or character of the PROJECT, the time of performance of ENGINEER's services and the various rates of compensation shall be adjustei equitably. 4.6 Not Used 4.7 Delay It ENGINEER's design $*Most or cervice during consiructlon of the PROJECT are delayed or suspended in whole or In part by OWNER for more then ninety days for reasons beyond ENGINEER's control, ENGINEER shall on written demand to OWNER (but out termination of We Agreement) be paid as provided in paragraph 5.5.2. If such delay or au neran extends for more than one year for reasons beyond ENGiNEER'a control, or if ENGINEER for any reason Is required to render services for more than one year after Satisfactory Start-up and Demonstration Is achieved under that oontract, the vs&us rates of corn nsation, Including Additional Services, provided for elsewhere in this Agreement shall be subject to equitable adjustment. SECTION 6 • PAYMENTS TO ENGINEER 6.1 Payment Terms Defined 6.1.1 Direct Labor Cost Direct Labor Cost shall mean salary and wages at the time services are performed of all personnel en apped directly on the PROJECT, Including, but not limited to, engineers, aruhltects, soPonlists, surveyors, dealgners, draftsmen, specification writers, estimators, Oonion • 6 Jums 6, 1993 9E~6'd 1d09-0%(1Pt2) 6E Ld3a b%3 WH Wbtg t6a E6. 00 Nnf ~~,,,a~PJo.~q O steno, clerical, accounting, and othf r technical and business personnel but does not p~ Include Indirect payroll related costs or fringe benefits. 5.1.2 Payroll Cost Payroll Cost shall rrrear, the salary and wages at the time services are performed of all personnel en9aggeO directly on the PROJECT, including, but not limited to, engineers, architects, so an isle, sun eyors, designers, draftsmen, specification writers, estimators, steno, clerical, accountingp and other technical and business personnel; plus the cost of customary and statutory bonefite Including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, holiday pay and other groupp employee benefits. For the purposes of this Agreement, the Payroll Cost is equal to Mreot Labor Costs, mullioiled by a factor of 1.35. 5.1,3 Per Diem Per Diem 4hall mean an hourly ra Multiplier of one and seven tenhst(1 7j plus Direct l Costrto be pald to ENGINEER as total oompensation for each hour an employee of ENGINEER works on the PROJECT. Roimburable Expenses will be paid In addtion to ENGINEER'S Per Diem compensation. 5.1.4 Overhead Multiplier Overhead Multiplier shall mean a factor by which the Direct Labor Cost is multiptied to compensate for general and adminletratlve overhead. When the basis )f compensation Is Per Diem, the Overhead Multiplier Includes profit. 5.114 Reimbursable Expenses Reimbursable Expenses shall mean the actual exp~enses incurred directly or indlrr.ctly In connection with the PROJECT, includln9, but not limited to Subconsukant or Subcontractor oosts times a multiplier of one and one tenth (1.1), Iranaappoortation and subsistence Incidental thorato, toll telephone calls, express mall and telprama, courier J ser4m, reproduction of reports, drawings, specifications, bidding documents, and similar PROJECT-related Items In addition to those required under Section 1, and, If authorized In advance by the OWNER, ovodlme work In additlon, Reimbursab% Expoarias will also Include exrequirinher ppense# Inncgurrred for ompu`eratea. time and other hlghy apeciallzsd equipment, Including an appropriate charge for previously established programs and expenses of photographic production lachniques. I 1 Denton . a Jens 8, 1093 ' sa~Or d l400-0%(012) LE 1d3a b%3 WH WyES:60 M v0 Nnr I{/ 1 336f' 5.1.6 Lump Sum Lump Sum shall mean a fixed amount agreed upon in advance, subject to modifications and amendments, for services rendered, 5.2 Basis and Amount of Componsallon for Basic Services 5.2.1 Phase One. These services will be performed as Additional Services. Scope of Services and Compensation to be mutually agreed upon at a later dat9 by amendment to this agreement. I _ 5.2.2 Phases Two, Three, Four. Five, and Six, Compensation shall be on a Per Diem basis. For budgetary purposes, the total fee for these services is estimated to be as shown below. ' Phase Two • One hundred, ten thousand, seven hundred fifty-five dollars ($110,765). Phase Three • Four hundred, seventy-three thousand, two hundred seventy dollars $473,270). Phase Four • To be determined. Phase Ftve • To be determined. Phase Six • To be determined. Total compensetlon for Per Diem phases Fhell be determinad based on the following formula; LDirsct Labor Cost x 1.70) + (Payroll Cost) + (Reimbursable Expense, not Including ubconsultant or Subcontract Costs) + (Subconsuftant or Subcontract Costa x 1,1 f 5.3 Basis and Amount of Compensation for Additional Services Compensation for Additional Servicas shall be on the balls of Per Diem or Lump Sum to be agreed upon at Urns of request for Additional Services. An estimate of the fee for Additional Services will be made at the time the Additional Services are requested. 5.4 Intervals of Payments Under Lump Sum Basis of Payment 5.4.1 Payments to ENGINFER for Basio and Additional Services rendered and Reimbursable Expenses Incurred shall be made once every month by OWNER. ENGINEER's Invoices will be submitted once every month and will be based upon total services completed at the time of invoices. OWNER shall promptly pay ENGINEER's invoices, 5.4.2 Not Used 6.4.3 Payments for Additional Services rendered and Reimbursable Expenses incurred shall be made once every month. ENGINEER's Invoices will be submitted once every month and will be based upon total services completed at the time of billing. OWNER shall make promptly pay ENGINEER's Invoices. 5.5 Other Provisions Concerning Payments 5.5.1 If OWNER fails ,o make anyy payment due ENGINEER for services and exppeenses within 45 days after receipt of ENGINEER's statement, the amounts due ENGINEER will be increased at the rate of 1% per month from date of involce, and in addition, Denton • I June e, 1903 9Ei1t'd UPP-M012) LE id3a 6%3 WH WljoS:60 E6, v+0 Nnr f under this Agreoment until ENGINEER has been paid In full all amounts due for3y~f servic©s, expenses and charges. 5.5.2 If the PROJECT is suspended or abandoned In whole or In part for more than 30 days, ENGINEER shall be compensated for all services perrormed prior to receipt of written notlce from the OWNER of such suspension or abandonment, together with Relmbursable Expenses then due. If the PROJECT Is resumed after bernr, suspended for more than 30 days, ENGINEER's compensation shall be equitably adjusted. 5.5.3 Services performed by ENGINEER at reqRuest of OWNER during periods when the PROJECT Is suspended shall be considered Additlonal Services. 5.5.4 The OWNER's approval, acceptance use of or payment for all of any hart of the ENGINEER's servicee hereunder or of the MOJECT itself shall In no we:, alter the ENGINEER's ob9gatlon or the OWNER's rights hereunder. 6.6.6 OWNER may temporarily delete any disputed items contained In Enginosee invoice, lncluding Items disputed due to lack of supporting documentation, and pay the remaining amount of the Invoice. OWNER shall promptly notify ENGINEER of the dispute and request clarification and/or remedial action. After any dispute has been settled, ENGINEER .hall Include the disputed item on a subsequent regularly scheduled Invoice or on a special Invoice for the disputed Item only. 5.5.6 In the event of termination of this Agreement by either OWNER or ENGINEER, as crovided in Paragraph 7.2, ENGINEER shall be entitled to peymar.l for Services up to the Cme of termination, plus termination expenses, Termination expenses shall Include labor, reimbursable expenses directly attributed to termination, and direct expenses associated with moblllzatton and demobilization of ENGINEER's personnel and facilities and any other costs Incurred by Engineer not otherwise reimbursed. 5.5.7 The amount of an sales tax, excise tax, value added tax (VAT) or~ ppr~ose receipts tax that may be Imposed on this Agreement shall be added to the ENGtINAn's compensation as reimbursable expenses. 5.6.8 Not Used 5.5.9 Records of ENGINEER's Payroll Costs and Reimbursable Expenses pertinent to ENGINEER's compensation for Additional Services under this Agreement will be kept In accordance with generally accepted accounting princepplee. Upon request, copies will be made available to OWNER prior to trial payment for ENGINEER's services. 5.5.10 Whenever a factor Is applied to Direct Labor Costs for determining *rnponsatlon payable to ENGINEER, that factor will be adjusted eriodical and equitably to reflect changes in the various elements that oomprlse such factor. Ali such adjustments will he in accordance with generally accepted accounting principles as applied on a consistent basis by ENGINEER and c:onslstent with ENGINEER's overall compensation proollese and procedures. SECTION 6 • Not Used Denton • A June fl, 1943 4eiZS'd 1100-096(012) Ze Ia3a LMJN3 baH WHOS;69 e6. oe Nnr I SECTION 7 - QENERAL CONSIDERATIONS 3•~© 7.1 Standard of Care ENGINEER shall perform all services under this Agreement in a manner which is consistent with generally accepted standards of professional engineering practice. 7,2 Termination 7.2.1 This Agreement may be terminated In writing by either party in the event of substantial failure by the other party to fulfill its obligatlons under Phis Agreement through no fault of the tei-rninai ng party, however, no termination for defauit may be Initiated unless the other parry Is given a ten (10) calendar day period to correct any alleged failure after written notice (delivery by certified mall, return receipt requested) of Intent to terminate. 7.2,2 'this Agreement may be terminated in writing (delivered by certified mail, return receipt requested) by OWNER for Its convenience. 7.2.3 Upon any lerminat on, ENGINEER shall: 1 promptly dlsoont;nLs all Services affected (unless a termination notice from OWN~ directs otherwise}; and (2) upon full payment for services, deliver or otherwise make available to OWNER all documents, data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by ENGINEER In performing this 1 Agreement, whether completed or In process. All payments due ENGINEER at termination shall be made as provided in paragraph 5.6:6. 7.3 Reuse of Documents "Al All documents, including Drawings and SpecNlcations prepared or furnished by ENGINEER pursuant to this Agreement, are Instruments of service with respect to the PROJECT and ENGINEER shall retain an ownership and property Interest therein whether or not the PROJECT is completed. OWNER may make and retain copies for information and reference In connsdon with the use and occupancy of the PROJECT by OWNER and others; however, such documents are not Intended or represented to be suitable for rouse by OWNER or others on extensions of the PROJECT or on any other PROJECT. Any reuss without written verification or adaptation by ENGINEER for the specific purpose intended W11 be at OWNER's sole risk and without liability or legal exposure to ENGINEER, and OWNER shall defend, Indemnify and hold harmless ENGINEER from all claims, damages, losses and expenses Including attorneys' fees arising old of or resulting therefrom, Any such verification or adaptaion will entitle ENGINE' 'i 'i further compensation at rates to be agreed upon by OWNER and ENGIP" 1 7,4 Ei.y,neees Liability ENGINEER shall, without additional compensation, correct or revlse any errors or deflclendes in the final designs, drawinps, spedflcatlons and other services ENGINEER performs hereunder. ENGINEER shall be responsible for actual costs of any oorrectiva oone ruction and repair work neoesary as the result of negllgent acts or omissions of ENGINEER. Notwithstanding, neither OWNER or ENGINEER shall be liable for any claim for consequential damages, loss of use or We of profits Incurred regardless of whether such claim is based upon alleged breach of contract, Wilful misconduct or negligent act or omission, whether professional or non-professional, of OWNER or Denton - a June e, 1993 90,Et'd tL0D-0%(V1Z) GE 1dX 8%3 bCH WaSS.6a E6. Dad Nnr a`01U3~~D f'J'.~iiterrl.~' 9PC ENGINEER or their employees, agents, or subcontractors. ENGINEER'S liability to OWNER shall be In a reasonable amount, not to exceed the total compensation paid to lnot exceed two times ENGINEER'S total compensation. such liability shall 7.5 Insurance 7.5.1 ENGINEER shall procure and maintain Insurance for protection from claims under workers' oompensation acts, employers liability claims, claims for damages because of bodiy injury, including personal injury, sickness or disease or death of any and all employees or of any person other than such employees, and from claims or damages because of Injury to or destruction of property, Including loss of use resulting therefrom. During the performance of the Services under this agreement, ENGINEER shall maintain the following Insurance: 4. Comprehensive General Liability Insurance with bodinjury Emits of not le8thhan $500,000 for each occurrence and not less than $59,000 In the aggregate, with prope~~yy damage Omits of not lose then $100.000 for each occurrence and not less than 1 00,000) in the aggregate. B. Automobile Liability Insurance with b; diifb y injury limits of not lees than $500,000 for acci damage person limit s for n tf less thann $5 00,000 for each accideentand with property Insurance with acco stat C. Empployees UspbiOry nsurance with limits of not ass than $1100,00000 foreeach ments and accident. 0. Professional UablGty Insurance with limits of not loss than $1,000,000 annual aggregate. E. Umbrella Insurance providing not lees than $1,000,000 Omits In excess of the limits stated In items A through D. 7.5.2 ENGINEER shall maintain professional liability Insurance for protection against caused by negligent acts irarors, or omissiioons for whichfENGINEER iselegelly liable, 7.6 Controlling Law This Agreement Is to be governed by and construed in accordance with the laws of the State of Texas. 7.7 Succeasors and Assigns 7.7,1 The parties hereby bind their respective partners, successors, executors, administrators, legal representatives and, to the extent permitted by paragraph 73.2., their assigns, to the terms, conditlons and oovenants o this Agreement. Doc ten • 10 June 8, 1983 9EipS'd 1100-096(412) !E 1d30 rN3 b*A WE.'5S{60 E6, 09 Wr 7.7.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer an ngnta under due Interest in eshthatgare edue) without the written consent of he other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may to restricted by law. 7.7.3 Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or dlscharga the assignor from any duty or responsiblli under this Agreement, Nothing contained in this paragraph shall prevent ENGINE'WR from employing such Independent professlonal associates, subcontractors and consultants as ENGINEER may deem appropriate to assist in the performance of Services. 74 Except as may be expressly stated otherwise fn this A regiment, nothing under this Agreement shalt be conotrued to 0piw any rtghta or beneta In this Agreement to anyone other than OWNER and ENGtfVEEA and ail duties and responsibilities undertaken pursuant to this Agreement will ba for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.8 Equal Employment and Nondiscrimination In oonnection with the Services under this Agreement, ENGINEER agrees to comply with the applicable provisions of State and Federal Equal Opporlunlty statutes and regulations. 7.9 fndemnlffcation 7.9.1 ENGINEER hereby statca, and the OWNER acknowledges, that neither ENGINEER nor ENGINEER's consultants have any professional liability (errors and omissions) or other Insurance covering asbestos or pollution claims artsing from conditions unknown to or out of the control of the ENGINEER, that Is, Insurance for .elms or claims expenses arising out of the performance of or failure to perform professional serviwa, including, but not umhed, to the preparation of reports, designs, drawings and spec4cations, related to the investigation, doleotton, abatement, replacement or removal of parts, materials or processes ~;ontaining asbestos or reialing to the actual, alleged or threatened discharge, dispersal, release or esca a of pollutants (d9flned herein as any solid, liquid, ppaasous or thermal Irritant or contaminant, including smoke, via r, soot, fumes, acids, seat* chemicals and waste), nor are ENGINEER or ENG114EER'0 consultants reasonably able to obtain such coverage. Accordingly, OWNER hereby a9 roes to bring no claim for negligence, breach of contract, Indemnity or it other,-4s@ agalnet ENGINEER, its. principles, employees agents and oonsuhants If such claim In any way would relate to asbestos or pollutants In tha PROJECT. OWNER further agrees to the fullest extent permitted by law to defend, Indemnity and hold hormlese ENGINEER, Its principles, employees, agents and consultants from and againot all clalms, damages bases and expenses, direct or Indirect, or oonsequentlal damages, Including, but not limited to, tees and charges of attorneys and court and arbitration costs, arising out of or resulting from the performance of ENGINEER's artlea ENGINEER s servicesror the against £NorVworrk of othotrs, that Isprela ed to p asbsa os and/or pollutant activities, 0"10n • 11 Juno 8, 1 M 9EiST'd TI44-896(012) IS 1d3a i>N3 ~1 H ub9S;60 g6, ve Kr r : Wo n3 ta;^Jali9m L ' 7.9.2 Indemnity Agreement 3 go.r The ENGINEER hereby agrees to Indemnify the ONWER for claims arising solely from the negligent acts, errors or omissions of the ENGINEER In the performance of professional services under this Agreement. In the event of liability from suits, actions, or claims arising out of or occasioned by the negligence of both the ENGINEER and the OWNER, their agents or employees, int he performance of this Agreement, each party shall contribute toward the satisfaction of the liability its proportionate share, which share shall be equal to the percentage of negligence attributable to the party. 7,10 Construction Procedures ENGINEER shall not specify construction or servloe•related procedures and shall not j manage, supervise, control or have charge of construction, nor shall ENGINEER implement or be responsible for health or safety procedures. ENGINEER shall not as responelble for the acts or omissions of contractors or other parties on the PROJECT and- nd shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor safety precautions or programs. ENGINEER's monitoring or review of portions of the Wont performed under construction contracts shall not relieve the Contractor from Its responsibility for performing the ',York in accordance with applicable contract documents. 7.11 Authority to Execute This Agreement OWNER and ENGINEER shall each attach authorization from its governing body authorizzen the execution of this Agreement. Attachments shall be Exhibit t3 for OWNER and Exhibit C for ENGINEER. 7.12 Changes and Modifications The parties agree that no change or modification to this Agreement, or any attachmanis hereto, shall have any force or effect unless the change is reduced to writing, dated, and made a part of this Agreement. The execution of the change shall be authorized and signed In the same manner as this Agreement. 7,13 Severabllity and Waiver In the ovent anyy provision of this Agreement is held to be invalid or unenforceable, the remaining provlslons shalt continue to be valid and binding upon the parties. One or more waivers by either party of any provision term, condition or covenant shall not be construed as a walvsr of a subsequent breach of the same by the other party. 7.14 Extent of Agreement This Agreement including all Exhibits, and any and all amendments, modifications, and sup lemente duly executed by the parties In accordance with this Agreement, govem andpaupsn~de any and all Inconsistent or contradictory terms, prior oral or written representations or underetsndings, conditions or provisions set forth in any purchase orders, requisition, request for proposal, euthorizatlon of services, notice to proceed or other form or document Issued by OWNER with respect to the PROJECT or ENGINEER's services. Oentan • 12 June a, 1M 9e/91'd 1100-096(012) GE 1d30 b9N3 bOH Wd%z60 E6. 00 sent ~yn~tla No. Arldallem, IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first writtan above. 'O NEW By: _ Name: Title: Address: Witnessed: HDR ENGINEERING. INC. 'ENGINEER' une: William R. Hindman, P.E. Title: Senior Vice President Address: 12700 Hilkrest, Ste 126 Dallas, Texas 76230 9EiLI 'd tltib-096fbS2) L£ idM &-W3 WH WU)9:60 £6~ 00 Nnf I► 1 I Maer:ddid0 ^ A3,odaIlem ' IN WITNESS WHEREOF, the parties have executed this Agreement as of the day andT year first written above. "OWNER' By: Name: Title: Address: _ Witnessed: HDR ENGINEERING, INC. 'ENGINEER" Nama:~ William R. Hlnd an, ,E. Title: Senior vice President Address: 12700 Hillorest, Ste 125 Dallas, Texas 75230 9f~9t'd T100-MV12) 46 Id3a bM aaH WVLSe60 ES, 09 N1t E11w000910ND1NDA.0 Agcfd3No L_;tfiff A~ rdaliam 1110 ORDINANCE N0. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFES- SIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL DEVELOPMENTI PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON REAEBY ORDAINSr 1CTI2N I Thnt the City Manager is authorized to execute an Agreement between the City of Denton and HDR Engineering, Idc. for professional engineering services for the City's sanitary landfill. SECTION T That the City Manager is authorized to expend funds for the above referenced professional services to the engineering firm of HDR Engineering, Ina. In the amount of $584,025.00. JCTION II That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1993. BOB CASTLE BERRY, MAYOR ATTESTr JENNIFER WALTERS, CITY SECRETARY Syr APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BYr I D~erda No._.. ~ 0 EXCERPT FROM PUBLIC UTILITIES HOARD MINUTES May 26, 1993 The following item was considered: 5. RECEIVE DRAFT PROPOSED SCOPE OF SERVICES FROM HDR ENGINEERING, INC. CONCERNING AN INTEGRATED SOLID WASTE MANAGEMENT SYSTEM. Angels presented this item. After extensive discussion, Coplen made a motion to approve Scope of Servl,.es and Contract terms as presented by staff. Second by Lanny. All ayes, no nays, motion carried. { i ~ i 1 J I i pub excerpt 5/26/93 EXHIBIT IV a 1994 - 1993 CAPITAL IMPROVEMENTS PLAN SOLID WASTE CASH REQUIkEMENT r j COMMUNITY SERVICES x 1000) GROUP ASSIGNMENT YEAR 1994 1995 1996 1997 1998 TOTAL NUMBERS CATEGORY 1 COMMUNICATIONS EQUIPMENT $2 $0 $68 $0 $0 $60 2 COMPUTER EQUIPMENT 12 0 0 0 0 12 3 OFFICE SUPPORT EQUIPMENT 8 4 4 3 3 22 4 MOBILE EQUIPMENT 13 0 0 2 8 23 6 CONTAINER IMPROVEMENTS/UPGRADES 10 65 36 30 25 155 6 EXISTING LANDFILL CONSTRUCTION 17 0 0 0 0 17 7 LANDFILL EXPANSION-PROPERTY 76 76 2,350 0 0 2,500 8 LANDFILL EXPANSION-PERMITTING 200 200 100 0 0 600 9 LANDFILL EXPANSION-CONSTRUCTION 0 0 3,000 0 0 3,000 10 RECYCLING SITE ADDITIONS 20 0 0 0 0 20 11 RECYCLING SITE IMPROVEMENTS 44 0 0 0 0 44 12 RECYCLING EQUIPMENT 100 2,300 0 0 0 2,400 13 MISCELLANEOUS 14 0 0 6 0 20 rn 6118193 8.19 $516 $2,634 $5,647 $41 $36 $8,773 W r r ! C 1994-98 CAPITAL IMPROVEMENT PLAN UTIMES a OOMMLINRY SERVICES - - - - - - o TOTAL VOTAL ' PROPOSED DNISIOW PROJECT BOND CURRENT CRY A!0-N PIX)4ECF YEAR DEPARTMENT NUMBER PROJECT NAI*E- FUND REVEriUE OTHER FUNDING CONSTRJpQst G 1993-94 SOLID WASTE 94-0800-01 (WI) MISOEi.OMCE SUPPORT EOUIPMENT QO $3 SO $3 to 43 CA 1993-94 SOLID WASTE 94-M-02 (VI) NEW PERSONAL COMPUTER i0 69 i0 $3 $0 $3 1993-94 SOLIOWASTE 94-0801-D3 (R LUSCELLANEOUSOFFICE EOUIPMEMT 60 31 60 $1 $0 $1 1993-94 SOLIDWASTE 94-0802-01 (I) UPGRADE RECYCLING CENTER 30 $IS %0 $15 $0 415 q 1993-94 SOLID WASTE 94-0802-02 (W) CONVERSION TO FRONT LOAD SERVICE $0 $40 $0 $4D 60 $0 1903-94 SOIIDWASTE 94-0632-03 (gDUMPSTERSCREEN NO i0 m 40 $?b so $25 u 1993-94 SOLDWASTE 94-0802-05 ((T/MF1EPlACEDUMPSTEFIS fa $13 LA 113 40 tl3 CO., 1893-94 SOLIOWASTE 94-0002-D6 (TW) BALM i0 $37 0 $37 6D $37 er. 1993-94 SOLIDWASTE 94-0802-07 MA MISCELLANEOUS OFFICE EOUIPMENT $1 so $1 $0 $1 1993-94 SOLID WASTE 94-0802-08 (R) PICKUP TRUCK so ts to 65 $0 $5 1993-94 SOLD WASTE 94-0802-09 (GM ADDITKML RECYCLING CENTERS (2) i0 $40 i0 440 40 610 1093-94 SOLIDWA87E 94-0802-10 (T,QROADRUNNERS 60 $20 $0 $20 $D $20 1993-94 SOUDWASTE 94-0803-03 WoFLETOEI(EMEM13RANELINER 60 $62 $D $62 60 462 1893-94 SOLID WASTE 94-0003-04 (SIT) LEACHATE COLLECTION SYSTEM W 662 40 602 30 662 1999-94 SOL1)WASTE 91-0803-05 "MISCEULANE0USOFFICE EOUPMENT 30 $1 SO 41 40 $1 ; !)M-94 SOLIDWASTE 94-0803E06 (tiMLANDFlLL PE3IMRIMASTER PLAN 1200 60 t0 $200 60 6200 ; 1993-94 SOLID WASTE 94-0803901 (GAJT)ALTERNATEDISPOSAL FACILITY $100 60 60 $100 $0 $100 A1993.94 SOLID WASTE 94-0003E12 (OA) PROPERTY ACOUSRION FOR LANDFILL $75 $0 $0 $75 30 375 y 1993-94 SOLID WASTE 94-0803-13 (ON) UPGRADE SCALE NOUSE M 412 $0 t12 $0 $12 1993-94 SOLDWAST£ 94-0803-14' (OA)ELE-CTRICGENERATOR 30 $14 $0 $14 40 414 $375 $354 30 $729 so $729 4%-95 SOLIDWASTE 95-D800-01 MISCELOFFICE SUPPORTEOUIPMENT t0 $1 $0 41 $0 $1 199495 SOLID WASTE 95-0801-03 (RA)MISCELLANEOUSOFFICE EOUIPMENT $0 $1 $0 $1 t0 $1 1994-W SOLDWASTE 95-0802-01 MIXJ PSTE'RSCREMINO $D $20 f0 $20 $0 $20 1991-95 SOLID WASTE 95-0802-02 (RII) M19CEUANEOUS OUMPSTERS 40 $35 $0 $35 $0 $35 4994-95 AOUDWASTE 95-0802-03 (A MISCELLANEOUS OFFICEEOUIPMENT $0 $1 $0 61 60 $t 1994-95 B(.' ID WASTE 95-0603-02 (N MISCELLANEOUS OFFICE EOUIPMENT $0 61 60 91 t0 ' 41 1994-95 S(Xk`WASTE 95-0WKM IBM LANDFILLPEfW[TAJIASTTRPLAN $200 SO 60 6200 $0 $200 ~ I 1994-95 SOLDWkSTE 95-0803907 (0" ALTERNATE DLSPOSALFACILMY $2,300 40 $D IIZ300 $0 $2.930 rA 4994-95 SOLID WASTE 95-0803F12 (GA) PROPERTY AGM13MON FOR LANDFILL in $0 30 $15 t0 $75 v l =:.675 $59 $0 32,634 $0 $2,04 $1$19314 91 O 0 0 M 1994-98 CAPITAL IMPROVEMENT PLAN U11ILMES 0 a I 06MMUk" SERVICES TOTAL TOTAL MfPOSEO OPASIOW PROJECT NID CURRENT CITY AID-1H PRWE`CT YEAR DEPARTMENT NUMBER FROJECTNkAE FUND_REYENUE CTTIEii R)1IDH0 C,ONSiA COST o h 1995-96 SOLID WASTE 06-0600-D1 IMSCEL. OFFICE SUPPORT EOUIPMENT id $1 $o 91 s0 $1 1995-96 SOLID WASTE 96-0801-03 MAI MISCELLANEOUS OFFICE EOUPMENT f0 $1 s0 $1 f0 $1 1995-96 SOLD WASTE 96-080144 q M) UPGRADE RADIO SYSTEM TO 800 MEG $D $25 LO $25 $0 $25 1995-98 SOLD WASTE 96-0802-01 h) DUMPSTER SCREENINO 60 $10 f0 $10 iD f10 1895-96 SOLID WASTE 96-0602-02 (RA) LA64CELLANEOUS OUMPSTERS t0 325 $0 $25 f0 $25 1995-96 SOLID WASTE 96-0802-03 (RM) UPGRADE RADIO SYSTEM TO NO MEG t0 $25 i0 f25 i0 425 u 19%-96 SOLID WASTE 96-DOD3-01 (R) MISCELLANEOUS OFFICE E0L)IMENT so $2 s0 32 $0 $2 4 1995-96 SOLD WASTE 96-0803-04 (R) UPGRADE 1T.4DIO SYSTEM TO 800 MGITT2 so $8 $0 :9 so 1995-96 SOLID WASTE 96-0803EOS (GA) LANDFILL PFAMTTA.IASTER PLAN $100 f0 f0 $10D t0 $1o0 1995-96 SOLID WASTE 96-0803-08 (OA) LANDFILL CONSTRUCTION $3,000 $0 t0 $3,000 f0 $9,000 6D $2,350 1995-96 SOLID WASTE 96-0803E12 (GM PROPERTY ACOUISITION FOR LANDFILL $,3560 t$D $0 $$2..53540 7 $0 $5,547 1996-97 SOLD WASTE 97-0800.01 (R) MISCEL OFFICE SUPPORT EOUW ffXT $0 $1 $0 $1 f0 61 199647 SOLIDWASTE 97-0801-01 (PA PO<UP TRUCK $0 82 $0 $2 f0 $2 1998-97 SOLID WASTE 91-0801-02 (RA) MISCELLANEOUS OFFICE EOU"M NT so $1 $0 $1 $0 41 ~ 1996-97 SOLD WASTE 97-00:41 (RA) MISCELLANEOUS DUMPSTEAS to $20 $0 $20 $0 f20 1996-97 SOLD WASTE 97-060242 (RA)MISCELLANEOUSOFFICE EOUIPMENT $0 $1 $0 $1 $0 $1 1996-97 WMWASTE 97-06112-03 0) DUMPSTER SMMNWG 60 110 so $11) $0 f10 1996-97 SOLID WASTE 91-0803-01 MMISCELLANEOUS BUILDINGWRPDVEMEN f0 $6 s0 $5 60 $8 s0 SO $0 $41 s0 $41 - D 1997-96 MILD WASTE 98-0800-01 (EO LMSCET .OFFICE 8t1PPCNTf EOUPLAEIQT $0 $1 $0 $4 i0 $1 1991-98 SOUDWASTE 99-0601-01 (R+QMISCELLANEOUSOFFICEEOUIPMENT $0 $1 so $1 $0 $1 , 1997-98 SOLIDWASTE 98-060241 (RA►MISCELLANEOUSDUMPSTERS $0 s20 t0 $20 $0 t20 , +997-38 SOLID WASTE 98-0802-02 ¢UI)MISCELLANEOUSOFFICE EOUIPNEM $0 $1 $0 $1 $0 $1 1991-98 SOLIDWASTE 98-0802-03 (I)DUMPSTERSCREENINO to $5 $0 $5 s0' $5 1937-98 MID WASTE 9S-MM-03 (MWATER TRUCK $0 $8 $0 68 60 $0 $36 to s38 $0 $3$ O - $e 100 $567 $o -fe 96~-~io $1:,9$7 I 1 1 &M 14:31 N 0 o . 0 o + I ,y, 1994 CAPITAL IMPROVEMENT PROJECT # 94-0808E06 PROJ TITLE:` (Gll) LANDFILL PERMITIMASTER PLAN ABE~Calte S ESTIMATED COST: $500 (x 1000) DEPARTMENT RANKIW. X4 GROUP ASSIGNMENT: 7 q6 8 DESCRIPTION: Provide engineering, design, and permitting of the Landfill expansion and development of an Integrated solid waste master plan. PURPOSE: Because the current Landfill area will be filled by July, 1997 r~ the Landfill must be enlarged. Engineering, Design, and Permitting will r take 3 to 5 years. Also, provide a comprehensive and integrated approach to solid waste collection and disposal, and recycling. i COST CALCULATION: Estimate 3 FUNDING REQUIREMENTS:CASH FLOWS/ENCUMBERANCES (In Dollars x 1000) ENO EXP END EXP ENO EXP EVO EXP ENC EXP ENO EXP 1994 0 ; N D J 200 ; 75 F M ; A M 60 J J A 66 S ; 1995 0 50 N D 50 J 50 60 F M A 50 M J 50 J 50 ; 50 A S ; 1996 0 50 N 0 50 50 J ; F M 50 A M J J A ~S ; ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AID OTHER TOTAL TOTAL 1 ST YR $200 $0 $0 $0 $200 $200 $0 s0 $0 $200 TOTAL 2ND YR 6200 $0 $0 $0 $200 $200 $0 $0 s0 $200 TOTAL 3RD YR $100 s0 $0 $0 $100 $100 60 $0 $0 $100 GRANDTOTAL $5CJ $0 $0 SO $500 $5p0 s0 $0 s0 $500 E14CUMBERANCS DATES PHASE DATE AMOUNT General Purchase 1194 $500 Engineering Design Inspection Construction Miscellaneous ENCUMBERANCE TOTAL $500 COMMEN IS. 2/t 9193 10:22 P I v 1 h 1994 CAPITAL IMPROVEMENT PROJECT # 94-0803E12 PROD TITLE' (GlI) PROPERTY ACQUISITION FOR LANDFILL b~r.~~a118 W17 ATED COST: $2500 (K 1000) DEPARTMENT RANKIW pg ESTIM GROUP ASSIGNMENT: 7 DESCRIPTION Pay for options to acquire property. PURPOSE: For disposallprocessing facilities. ! COST CALCULATION: Estimate FUNDING REOUIRVMENTS;CASH FLOWSIENCUMBERANCES (in Dollars x 1000) ENO EXP ENO EXP ENO EXP ENC EXP ENO EXP ENO EXP 1994 O 75 ; 76 N ; D J F M A ; M J J A S 1996 0 75 76 N 0 J F M A M J J A B i 1996 0 2350 ; 2350 N 0 J F M A ; M ; J A S ENCUMSERANCES CASH EXPENDITURES BOND REV AIG OTHER TOTAL BOND REV AID OTHER TOTAL TOTAL IST YR $76 s0 $0 $0 $76 $75 $0 $0 $0 $76 TOTAL 2ND YR $75 $0 $0 $0 $76 $76 60 $0 $0 $75 TOTAL 3RD YR $2350 $0 SO $0 $2350 $2360 $0 $0 60 $2350 GRAND TOTAL $2500 $0 $0 50 $2500 $2100 $0 $0 $0 $2600 ENCUMBERANCE DATES PHASE DATE AMOUNT General Purchase 10193 $2600 Engineering Design Inspection Construction Miscellaneous ENCUMBERANCE TOTAL $2500 COMMENTS; 211 7193 1 3:33 Pg 1 9996 CAPITAL IMPROVEMENT PROJECT # 9$-0803-08 PROJ TITLE: (011) LANDFILL CONSTRUCTION agent em{5 N',8,07 ESTIMATED COST: $3000 (K 1000) DEPARTMENT RANKING: GROUP ASSIGNMENT: 7 DESCRIPTION: Construct Landfill Addition. I~ PURPOSE: Because the current Landlill area will be titled by July, 1997 - the Landfill must be enlarged. ` COST CALCULATION: Estimate 1 FUNDING REOUIREMENTS:CASH FLOWSIENCUMBERANCES (fn Dollars x 1000) ENO EXP ENC EXP ENO EXP ENO EXP ENO EXP ENO EXP 1988 O 3300 ; N D 800 J F M 700 A M J 800 J ; A S ; 700 1897 0 ; N D J F M ; A M ; J J A 8 1098 0 ; N U J F M A M J J A A ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AID OTHER TOTAL 1 TOTAL 1ST YR $3000 $0 $0 s0 $3000 $3000 $0 s0 $0 $3000 TOTAL 2ND YR $0 $0 50 $0 $0 s0 $0 $0 $0 $0 TOTAL 3RD YR $0 so $0 $0 s0 $0 $0 W s0 $0 GRAND TOTAL $3000 $0 $0 $0 $3000 $3000 60 s0 $0 $3000 i ENCUMBERANCE DATES PHASE DATE AMOUNT General Purchase 10/94 $3000 i Engineering Design Inspection Construction Miscellaneous ENCUMBERANCE TOTAL $3000 COMMENTS: 2/18193 11:14 Pg I 1 i p t f i' CITY] COUNCIL owe, o. o e o ^010: ~ ` oOti,. t "~'~~eaacoa~ ~ # No. -oao AQendast oele~ ' 10 CITY Of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM I DATE: June 10, 1993 TO: Lloyd V. Harrell, City Manager FROM, John F. McGrane, Executive Director of Finance D' SUBJECT: CONTRACT FOR FIXED ASSETS This ordinance authorizes a contract with American Appraisal Associates, Inc., for professional services with respect to an inventory and appraisal of the city0s fixed assets. The total cost of the agreement is $76,975 and is broken down as follows: Fixed asset inventory, appraisal and tagging $560000 Tag label printing and tag stock (bar coder) 5,700 Personal computer, masters and printer 4,000 lar code reader (2) 6,200 1 Software 2,300 i - Training 20275 - Annual trend factor report 500 $760975 i The contract calls for the delivery of the fixed asset report by September 30, 1993. If you have any questions, please advise. orxcotit W00648 8171566.8200 D/FW METRO 434.2529 f E 71WDCKS1C*D1WA 1 CA11.0 l~ Agenda No r AjendailBm Rae._~2_ ~ o la ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMEN'T' BETWEEN THE CITY OF DENTON AND AMERICAN APPRAISAL ASSOCIATES, INC. FOR PROFESSIONAL SERVICES TO CONDUCT AN INVENTORY OF CITY ASSETS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute an Agreement between the City of Denton and American Appraisal Assoc- iates, Inc. for professional services to conduct an inventory of City assets. SECTION Ii. That the City Manager is authorized to expend funds for the above referenced professional services to the firm of American Appraisal Associates, Inc. in the amount of Seventy Six Thousand Nine Hundred Seventy Five Dollars ($76,975.00). SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. I BOB CASTLEBERRY, MAYOR 11 I ATTESTt JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYCVITCH, CITY ATTORNEY Agr''~,3No 9 ^ AGREEMENT BETWEEN THE CITY OF DENTON ANP AMERICAN APPRAISAL ASSOCIATES, INC. The City of Denton, Texas situated in Denton County, Texas, herein- after called "city, 11 acting herein by and through its City Manager, and American Appraisal Associates, Inc., a corporation organized under the laws of Delaware, hereinafter called "Consultant," acting herein by and through its District Manager, hereby mutually agree as follows: I• &ERVICES TO BE PRFORME~: City hereby retains Consultant to perform the hereinafter designated services and Consul- tant agrees to perform the following services; A. Conduct an appraisal and inventory of City's assets, in accordance with the scope of services set forth in Exhibit "A", a copy of which is attached hereto. Consultant agrees to provide warranties on all computer hardware and software for a period of one year from the date of acceptance by the City. B. Availability of City Resources: City will make avail- able to Consultant the following: Information and explanations requested through the Director of Accounting and Budget Operations, and the City's Internal Audit staff and staff from the various operating departments will be available on a limited basis to assist the Consultant during the physical inventory process. II. SCHEDULE OF a~~~ I A. Completion of Field inventory June 300 1993 Completion of Office Pricing August 140 1993 Completion of office processing and review September 15, 1993 Delivery of report September 300 1993 B. Deviation from this schedule is acceptable only if ap- proved by City's Executive Director of Finance, or for reasons beyond the Consultant0a control. III. COMPENSATION TO SE PAID COhTttarrno; City agrees to pay Consultant for the services performed hereunder as follows: aJ~ "Caltem„~~ A. Amount of payment for services: The sum of Seventy-Six O'P(0. Thousand Nine Hundred Seventy-Five Dollars ($760975.00) as follows: Fixed asset appraisal including tagging $56,000 SATO model 8450 label printer including tag stock 5,700 ASTDX2-50 PC, Sony VGA monitor, and Panasonic 2624 printer 4,000 Bar code readers (2) 6,200 i PC based fixed asset system Fixed asset system only 1X500 IDOL IV Ad-hoc report program 800 3 days on-site training 20275 Annual trend factors 500 In addition, Consultant agrees to provide a copy of the master file on computer tape at no charge. B. Dates of payment: City will make payment within 30 days of proper completion of services provided for herein and of reciipt of invoice, as follows: Fifty percent (501), or Thirty-Eight Thousand Four Hundred Eighty-Seven Dollars ($38,487.00) upon com- pletion of the inventory sweep. Thirty-three percent (331), or Twenty-Five Thousa.,3 Four Hundred Two Dollars ($25,402.00) upon delivery of the reports. Seventeen percent (171), or Thirteen Thousand Eighty- Six Dollars ($13,086.00) after delivery of the final report, IV. INDEPENDENT CONTRACTOR: It is mutually understood and agreed by and between City and'Consultant that consultant 'a an independent consultant and shall not be deemed to be or considered an employee of the City of Denton, Texas, for the purposes of income tax, withholding, social security taxes, vacation or sick leave benefits, worker's compensa- tion, or any other City employee benefit. Consultant shall { perform the services hereunder at the direction~of and to the satisfaction of the City Manager of the City of Denton or his designee under this Agreement. V. INSURANCE: Consultant shall provide at its own cost and expense workers' Compensation insurance, liability insur- PACE 2 A.r~~,~No~.3-eao 5of~ ance, and all other insurance necessary to protect Consul- tant in the operation of Consultant's business. VI. INDEMNIFICATION: Consultant shall and does hereby agree to indemnify and hold harmless the City of Denton from any and all damages, loss or liability of any kind whatsoever, by reason of injury to property or third persons arising from any negligent act or omission of Consultant, its officers, agents, employees, invitees, and other persons for whom it is legally liable, in the course of the performance of this Agreement, and Consultant will, at its cost and expense, defend and protect the City of Denton against any and all such claims and demands, VII. CANCELLATION: City and Consultant each reserve the right to cancel this Agreement at any time by giving the other party fourteen (14) days written notice of its intention to cancel this Agreement, provided the City pays Consultant for services performed prior to notico of cancellation. VIII. TERM OF CONTRACT: This Agreement shall commence on the 16th day of June, 19930 and end upon the completion of the project. IX. NOTICES: Any notice given by one party to the other in connection with this Agreement shall be in writing and shall be sent by registered mail, return receipt requested, with postage and registration fees prepaid, as follows: If to City, addressed to: If to consultant, addressed to: City Manager John W. Hughes City of Denton American Appraisal Associates, Inc. 215 E. McKinney 14651 Dallas Parkway, Suite 405 Denton, Texas 76201 Dallas, Texas 75240 Notices shall be deemed to have been received on the date of receipt as shown on the return receipt. EXECUTED this day of , 1993. CITY OF DENTON, TEXAS BY., LLOYD V. HARRELL, ATTEST? CITY MANAGER JENNIFER WALTERS, CITY SECRETARY BY: PAGE 3 f ApnGaNo ~ O A~a~da±to APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH* CITY ATTORNEY BY: AMERICAN APPRAISAL ASSOCIATES Ir BY., JOHN W. HUGHES I 1 I li1KPDOtf\K1AItRICAK.AGl1 ~ PAGE 4 .t CITY COUNCIL O 4 d ~ ~~~OQOGGG O~~~G~ 1 I 3 I I i E =No, tit E1gM !O CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE: June 11, 1993 r TO: Lloyd V. Harrell, City Manag v i FROM: John F. McGrane, Executive Director of Finance SUBJECT: TAX COLLECTION AGREEMENT This ordinance authorizes the City of Denton to enter into an agreement with the law firm of McCreary, Veselka, Bragg, and Allen, P.C., and Hayes, Coffey, 6 Berry, P.C.. Essentially the contract for collection incorporates the same provisions of the current contract with the following three exceptions. One, the firm agrees to pay the City the sum of $750.00 per month for the purpose of renting space within the City offices. Two, there is e, section which prohibits the firm from representing any client who has an adversary position with the City of Denton during the duration of this contract. Three, the contract allows for the continuation of the contract on a month to month basis at the end of the term, unless either party delivers written notice of its intent to terminate the contract. If you have any questions involving any of the above, please advise. armca:af Attachment AFF00646 8171566.8200 DIFWMEIR0434.2529 f E:\voD0C6N0RD\TU.0 n A,,n~aNo q~ eRo__.. ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt SECTION I. That the Mayor is authorized to exECUte a contract for the collection of delinquent taxes with McCreary, Veselka, Bragg and Allen, P.C. and:dayes, Coffey and Berry, P.C., a copy of which is attached hereto and incorporated with reference herein. SECTION II That the Mayor is authorized to expend funds for the above referenced professional services to the firms of McCreary, Veselka, Bragg and Allen, P.C. and Hayes, Coffey and Berry, P.C. SECTION [Ii That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTi JENNIFER WALTERS$ CITY SECROTARY BYs APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY - .7 By l a Agondarlo ~O2 A3enda+lem n. . 30 C1TYofDENTON,TEXAS ` MUNICIPAL BUILDiNa / DENTON, TEXAS 76201 / TELEPHONE(817)566.8307 Office of the City Manager M E MO RANDi3M TO. Mayor and Members of the City Council FROM: ~ Rick Svehla, Deputy City Manager DATE: June 11, 1993 SUBJECT: The Contract With McCreary, Veselka, Bragg 6 Allen We understand that Legal received this contract this morning. They have not had time to review the entire document. Therefore, we stamped it "drafttt, We understand that Legal will be able to review the document before next Tuesday. If you have further questions, please call. J Ri Sveh a Deputy City Manager RS:bw 1 i I I gontmoi FOR THE COLL-FCT10N 0_F DRAFT i)EL1t4S)l)P~1?ACPLRTY T,~~~ ~ ,y I No G. THE STAl: OF TEXAS S A,I;rGa!am S $ OVi~[Y F DENTON f _ ` TKI CONTRACT is made and entered into by and betwaen the CITY OFDENTON (The tity), acting herein by and through its governing body, and McCreery, vesell.a. Gregg and Allen, P.C. ani Hayes, Coffey, and Berry, C.C. (for the if 'hia contract only hereinafter jointly referred to as The Firm), _,.ts Drive, P.O. Box 26990, Austin, Texas, 78755. The .ity agrees to employ and does hereby employ The Firm to enforce by cult or otherwise the collection of all delinquent taxes, penalty and interest wln.y to The City. Current year taxes which become delinquent within the period of this contract slisll become subject to the terms of the contract upon the following conditioner i A. Taxes that become delinquent during the term of this contract, that -+r' 1,01nquent for any prior years, become subject to the terms of this ntrect on July lot of the year in which they become delinquent. D. taxes that become delinquent during the term of this contract, on property that Is delinquent for prior years and is the subject of a suit to collect ,he prior years delinquent taxes, shell become subject to its terms on the first day of delinquency as defined by the Texas Property Tax Code. C. The on Mardi lotFofmtheayear eInnwhich ethey become delinquents NotVithatandiS taxes provisions of paragraph VI of this contract, The City shall not owe The Firm a fee on the current year delinquent personal property taxes collected between .1 11 "oid June 30th unless attorney's fees are collected pursuant to 60- tloa si.48 of the Texas Property Tax Code. I1. The City agrees to furnish all necessary delinquent tax information to The PI-m on all property within the boundaries of The City. l et :hordes the Firm to determine the name, identity sd locationyof enecessary 11 parties and to procure necessary legal descriptions of property and hereby assigns to the Firm the right to recover the costs of obtaining such information. III. the Firm is to advise The City of errurs, double a u srsments or other discrepancies coming under observation during the progress of the work. rV. ~ TLe Firm is to intervene on behalf of The City In all suits for ad valorem taxes hereafter filed by any othet taxing unit on property located within its t~nundat les. 1 FFi ll Vi(. i." .'Eu4 ET «L Ec.11.199; 30,23 DRAFT ,q {,i ;'d. 'tam r I The Firm Agrees to make delinquent tax collection progress rep~ro Lo The O.,,'lly find quarterly. Vi. Tlia rtty agrees to pay The Firm, for services rendered, Fifteen Per Cent (151) of all delinquent taxes, penalty and interest collected by The City for r are t„vered by this contract. The penalty imposed pursuant to Section 33.01 i tea property Tax Code is not subject to this contractual (ee. All fees pr,)vided for in this contract shall become the property of The Firm at the time Ia;,nent of taxes, penalty end interest is made to The City. The City alLall pay fees due The Firm monthly by check, V1I. The Firm shall undertake the collection of delinquent accounts for paving assessment liens, substandard housing demolition liens and weed liens. The collection of these accounts shall be undertaken on tho basis of attorney's fees assessed to and collected from the debtors. The City agrees to pay to he Ff;n, to compensation all amounts received as attorney's fees on delinquent r,;rounto for paving masesament liens, substandard housing demolition Hanes and weed liens, i Vlll. M agrees not to represent any client who hem an adversary position with the City of Denton for the duration of this contract. IX. The City agrees to allow the Firm to use its tax office coeputer terminals r~.l tt ;,oovids a working area for use by Firm employees, The city also agrees to provide The Firm with computer tapes and tax file access upon request by Ihr rite. The Firm agrees to reimburse The City for use of the working area, its computer terminslse computer tapes, and tax file access. The psymnt by the Firm for the abo-+e stated reimbursement and support services shall be in 0,e amotint of Seven hundred Fifty (4150.00) dollars each month, X. This contract is drawn to cover a period of two (2) years beginning July 11 1993, oad ending June 30, 1995. Thersaftere this contract shall continue in full force and effect from month to month unless either party delivers ALttteu notice to the other party of its intent to terminate this contract At least thirty (30) days prior to the date of the intended termination. The Firm shall hove an additional mix months to reduce'to judgment _and sale all tax collection larouits filed and collect all bankruptcy claims filed prior to the termination data and shall have the exclusive right to compensation of foes earied due to theme suits during this six month period. In consideration slid compensation herein stated, The Firm hereby accepts said emplryment and uudertakee the performance of this contract as above written. FFij'i Fl:FEy•. E_ELY4 EI HL CE.11.1?:. 10:4 F a DR3A~ q X1. The FiE•m agrees to collect, between July 1, 1993 and June 30, 199 t b lees then sixty percent (601) of the total dollar value of the bc.se tax of the ,teliuyuancy existing on July 1, 1993. The Firm agreed to collect, tetweer. July 1, 1994 and June 30, 1995, not lose than sixty percent (60%) of UI^ total. dollar value of the bans tax of the 1993 delinquency exiik hg on July 1, 1994. If The Firm does not collect the above referenced amount each year, it shall provide The City with legal services, programing and computer r ^r data processing equipment with a value not lees than Seven .a., rAvs Hundred Dollars (17,500.00) or, at the option of The City, It shall ray The City the sun of given Thousand Five Hundred Dollars (97,500.00) oa or before August 15 of the year It fails to collect the minimum amount specified herein. XII. Ibis contract is executed on behalf of The City by the presiding officer of its governing body who is suthorieed to execute this instrument by order heretofore poised and duly recorded in itm minutes. WITNESS the sigostures of ell parties hereto in duplicate originals this " 41y of A.D. 1993, Denton County, Texas. THE CITY OF DBNTON DY Bob Castleberry, Mayor ATTESTI ".hots, City secretary APPROVED AT TO 1,60AL rQRN Debra A. Droyoviteh, City Attorney HAYE6, COFFSY L BERRY, P.C. MCCREARY, VESELItA, BRAOO AND ALLEN, P.C. Attorneys at Law Attorneys at LAw -Its suite 601 Oats Way Center I,nto+l, Texas 76201 $929 Baleones Drive too, box 26991 Austin, loxes 78755 DY _ Richard D. Hayes, President BY a11birt , eras jg ~~J'T Managing Farther, Denton Branch Office TM *'t~f t. } t;ITY t: COUNCIL f= t a I j 91 10 F a 0 O : o g } t2o 00 ~ t ~v O 4c. ~ O e % f p0~ ~~OQCOGGO~~' 2 Agods CITY COUNCIL REPORT FORMAT la I TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Texas Dept of Transportation Signal Agreement RECOMMENDATION: r Approve agreement to allow Denton to provide and install 2 compatible traffic signal controllers and cabinets for 2 intersections I SUMMARY: j New signals are being constr4cted by TxDOT at (1) US77 at 135 and (2) FM 1515 (Bonnie Brae) at 135E. City crews will furnish and install controllers and provide timing BACKGROUND: These two signals were high accident locations and met traffic count volumes for peak hour sustained volumes. (1) FM 1515 (Bonnie Brae) is an access to UNT parking lots and apartments (2) U.S. 77 has 2 major truck stops and connects to new Loop 288 which increases traffic volumes. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: TxDOT, Engineering, Traffic, Citizens, Police FISCAL IMPACT: $23,661 of which 20,000 is equipment costs and about $3,661 of reimbursed labor charges lo rd ULL UBM D: . Harrel City Manager Prepared by: N m /T le Approved: N e T A 016 e s r r A6'~ndaMo g ~2e~dalre J2 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM i II DATE: June 7, 1993 TO: Rick Svehla, Deputy City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Traffic Signal Agreements TxDOT (1) US 77 at 135 (2) F.M. 1515 at 135 E As per several previous agreements, the Engineering and Transportation Department is working with TxDOT on the above two new signal projects. Both were warranted as per the Manual on Uniform Traffic Control Devices by TxDOT. The agreements allow us to install our standardized Transyt signal controllers and cabinets to the TxDOT signal installation. City traffic crews and engineers then develop and install signal timing to correspond to intersection volumes for several peak and off peak periods with appropriate timing plans. Denton has a contract to maintain all TxDOT signals in its jurisdiction so these agreements insure compatibility with our existing systems. te lara 8 f 7/566-8200 D/FW METRO 434.2529 D 4a!tem„~t m &4r Texas Department of Transportation P.O. BOX 3067. DALLAS, TEXAS 75221-3067. (214) 320-6100 May 10, 1993 Control:195.2-43,etc. _ IH 35E: Traffic Signals at FM 1515 IH 35: Traffic Signals at US 77 In the City of Denton MAY 12 Denton County Mr. Jerry Clark, P.E. Director of Engineering and Transportation City of Denton 215 East McKinney Street Municipal Building i Denton, Texas 76201 l Dear Mr. Clark: We are forwarding, herewith, three (3) copies of the agreement for the State to reimbur the City the cost of furnishing the traffic signal equipment at the above locations. se I Please furnish us a detailed cost estimate marked as Exhibit 'A" to this agreement, and Insert the cost figure in Article 3 on page 2 of 6 of this agreement. The detailed cost estimate should show the component parts of the controller cabinet that the City of Denton proposes to furnish on this project, which would include such items as the cabinet ` and accessories, controller timer, conflict monitor, load switches, detectors units, etc. along with labor for preparing the cabinet and should be shown on Exhibit 'A". Please have these documents executed by the appropriate City officials and return two h counterpart originals to this office by June 15, 1993 for our further processing. You may i retain one copy for your files. After all parties have executed these documents, one completely executed original will be returned to you. This agreement should not be amended prior to approval from information, please contact Ms. Melanie Young, P.E. this office. For further at !320-6229. Thi (214 This project is currently scheduled to go to contract in August 1993. Yr,!jr cooperation in completing this project is appreciated. Sincerely, Adnan M. Turk, P.E. Traffic Projects Engineer Enclosures 1 f Aben053 No91-6 ~ ; ~ Ads^daltam~ c:~ b_-cs -q3 Texas Department of Transpor a ion h P.0. 90X 3067. DALLAS, TEXAS 75221.3067. (214) 320-6100 May 21, 1993 Control: 195-2.43, etc I.H. 35: Signal Installation with U.S. 77 I.H. 35E: Signal Installation with F.M. 1515 I! In The City Of Denton I Denton County I Mr. Jerry Clark, P.E. { D rector of Engineering City of Denton 215 East McKinney Street E Municipal Building Denton, Texas 76201 Dear Mr. Clark: t We are forwarding to you, under separate cover, two sets of plans along with the title sheet tracing for the above project. Please review these plans and forward your comments to us by June 10, 1993. Please notify us when the title sheet has been signed, in order that we may hand deliver it to the other cities involved. For further information, please contact Ms, Melanie Young, P.E. at (214)320-6229. ' Your cooperation in completing this project is appreciated. i Sincerely, Adnan M. Turk, P.E. Traffic Projects Engineer I I An Equal opportunity Emp/oypr Ft1W000S50F0WAif.0 ^~c'~°d No ~ ~6 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE STATE OF TEXAS FOR THE INSTALLATION OF TRAFFIC SIGNALS AT THE INTERSECTIONS OF IH HIGHWAY 35 FRONTAGE ROADS WITH US HIGHWAY 77 AND F.M. 1515; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute an agreement with the State of Texas fer the installation of traffic signals at the intersections of IH Highway 35 frontage roads with US Highway 77 and F.M. 1515, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That this ordinance shall bQcome effective imme- diately upon its passage and approval. s i PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY BY: J I I I Agreement No, STATE OF TEXAS :kilter-6 M COUNTY OF TRAVIS 6ofr~ AGREEMENT FOR THE FURNISHING OF TRAFFIC SIGNAL EQUIPMENT 13Y A MUNICIPALITY THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, hereinafter called the "State', and the City of Denton i Denton County, Texas, hereinafter called the 'City', acting by and through its duly authorized officers as evidence by 'i Resolution/Ordinance No. hereinafter acknowledged by reference. WITj~E$$ETH k WHEREAS, the State owns and maintains a system of highways and roadways, including ` IH 35E and 35 in the r":y of Denton ; and i WHEREAS, the City has requested the State to reimburse the cost of furnishing traffic signal equipment at the intersection(s) of IH 35 Frontage Road with 77 and ILI 35E Frontage Roads With F.M 1515 ` hereinafter called the "Project"; and f WHEREAS, the State and City wish to cooperate in the construction of this Project; and WHEREAS, the City desires that equipment be provided that is compatible with standard signal operation and/or existing City equipment; and WHEREAS, it is in the best interest of the City and the State for the City to assist the State by furnishing traffic signal equipment on the Project; and WHEREAS, on the 28th day of Q~Iober 19D2__, the Texas Transportation Commission passed Minute Order No. 101588 approving the the interchange of IH 35 with US 77; and WHEREAS, on the 24th day of July 19911 the Texas Transportation Commission passed Minute Order No. 91763 approving the the interchange of IH 35E with FM 1515; and WHEREAS, the State is authorized to enter into an agreement with the City for the Project pursuant to Article 6673-b, V.T.C.S.; FTSERSTATEI 10/92 Sheet 1 of 6 1 `I I r It Arr T~- NOW AQREEMENT -THEREFORE, in consideration of the premises and of the mutual ci8T4nts and agreements of the parties hereto to be by them respectivo;y kept and performed as hereinafter set forth, it is agreed as follows: ARTICLE 1. CONTRACT PERIOD 1 This agreement becomes effective on final execution by the State and shall remain in effect as long as said trarfic signal equipment is in operation at the described location and the signal project is incomplete, or unless otherwise terminated or modified as hereinafter provided. ARTICLE 2. CONSTRUCTION RESPONSIBILITIES l i A. For all Items of construction other than furnishing the traffic signal equipment, the State will prepare the construction plans, advertise for bids, and let the construction contract, or otherwise provide, ror the construction and will supervise the construction as required by said plans. The State will secure the City's approval of construction plans prior to award of contract. B. The furnishing of the traffic signal equipment will be part of the construction to ba undertaken by the City, and the State will reimburse the City for its contribution to the Project, as prescribed under Article 3, "Compen^aVon." y, ARTICLE 3. COMPENSATION A. The maximum amount under this agreement without modification is $23,661,00. A cost estimate of the traffic signal equipment furnished by the City under this agreement is marked "Exhibit A", attached hereto and made a part of this agreement. B. The State will reimburse the City tha cost of furnlshil 3 the traffic signal equipment according to the location and manner of construction as shown and described In the plans and specifications. C. The State will reimburse the City for properly supported costs incurred under the terms and conditions of this agreement. Costs incurred prior to the issuance of a written "Work Order" by the State will not be reimbursed. Reimbursement will be made by the State to the City for applicable labor, aquipment use, materials, supplies, travel expenses, and warehouse or material handling charges provided the City has paid from City funds their obligations covering items of costs previously billed. ARTICLE 4. PAYMENTS A. The City shall submit the State's Form 132, Billing Statement, or other type of invoice acceptable to the State upon completion of the Project and the State's acceptance thereof. FTSEM.STATEI 10192 ' Sheet 2 of 6 lgrn ..~LL! C~ B. An original and four (4) copies of the Billing Statement should bebu t detr the folluwing address: P Sox 3057, Dallas, Texas 75221-3057 C. All billing statements shall be properly documented, summarizing the costs by description of work performed, quantity of materials and devices, unit price, labor costs, and extensions. D. The State shall make payment to the City within thirty (30) days from receipt of the City's request for payment, provided that the request is properly prepared, executed, and documented. E. Unsupported charges or charges after final acceptance by the State will not be considered eligible for reimbursement. The State will prepare a final audit upon completion of the work authorized or at any time an audit Is deemed to be in the best interest of the State. i ARTICLE b. PERSONNEL, EQUIPMENT, AND MATERIAL i A. The City will use applicable labor and supervisory personnel employed directly by the City, and use City-owned machinery, equipment, and vehicles necessary for the work. In the event that the City does not have the necessary machinery, equipment, and vehicles necessary to perform the work; the machinery, equipment, and vehicles may be rented or leased as necessary at the low bid price submitted by at least two approved bidders. B. Reimbursement for the use of materials purchased by other than competitive bid procedures will be made only if such procedures are shown to be in the public Interest and provided the State shall have given prior approval for the use of sald materials. All materials used for the work shall be new and undepreciated. ARTICLE 6. INSPECTION OF WORK A. The State shall make suitable, frequent, and complete inspection of all materials, and equipment, and the work of installation to determine and permit certification that the project and its components meet all applicable requirements of the plans and specifications in suitable condition for operation and maintenance by the City after its completion. B. The City will provide opportunities, facilities and representative samples, as may be required, to enable the State to carry on suitable, frequent, and complete Inspection of ali materials, and application methods, sufficlsnt to afford determination and certification by the State that all parts of the installation and the component materials comply with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or installation methods, and the City will take such measures as necessary to obtain acceptable systems components and installation procedures without delay. FTSFM.STATEI 10/92 Sheet 3 of 6 ARTICLE 7. TERMINATION /;''i'3EI{~tR y! ,rc - This agreement may be terminated by one of the following conditions: (1) By mutual agreement and consent of both parties. (2) By the State giving written notice to the City as a consequence of failure by the City to satisfactorily perform the services and obligations set forth in this agreement, with proper allowances being made for circumstances beyond the control of the City. (3) By either party, upon thirty (30) days written notice to the other. ARTICLE 6. INDEMNIFICATION To the extent permitted by law, the City shall save harmless the State from all claims and liability due to the activities of itself, its agents, or employees, performed under this agreement and which result from an error, omission, or negligent act of the City or of any person employed by the City. The City shall also save harmless the State from any and all expenses, Including attorney fees which might be Incurred by the State In litigation or otherwise resisting said claim or liabilities which might be Imposed on the State as the result of such activities by the City, its agents or employees. ARTICLE 9. REMEDIES Violation or breach of contract terns by the City shall be grounds for termination of the agreement, and any increased cost arising from the City's default, breach of contract, or violation of terms shall be pall Loy the City. This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies existing at law and In equity may be availed of by either party and shall be cumulative. ARTICLE 10. DISPUTES Should disputes arise as to responsibilities and obligations as set forth In this agreement, the State's decision shall be final and binding. ARTICLE 11. SUBLETTING The City shall not sublet or transfer any portion of Its responsibilities and obligations under this agreement unless specifically authorized in writing by the State. In the event subcontracts are entered Into by the City, the subcontractors must adhere to the provisions of this agreement. ARTICLE 12. AMENDMENTS Changes In the time frame, character, responsibilities, or obligations authorized herein shall be enacted by written amendment. Any amendment to this agreement must be executed by both parties. FTSEM.STATEt t0/D2 Sheet 4 of 6 f ~ i U .q { ARTICLE 13. SUCCESSORS AND ASSIGNS The City shall not assign or otherwise transfer its rights or obligations under iris agreement except with the prior written consent of the State. ARTICLE 14. INSPECTION OF CITY'S BOOKS AND RECORDS The State shall, for purpose of termination of the agreement prior to completion, examine the books and records of the City for the purpose of checking the amount of the work performed and/or materials furnished by the City at the time of contract termination. The City shall maintain all books, documents, papers, accounting records and other documentation pertaining to ccst incurred under this contract and shall make such materials available to the State or its duly authorized representatives for review and inspection at its office during the contract period and for three (3) years from the date of final payment under this contract or until Impending litigation Is resolved. Additionally, the State and its duly authorized representatives shall have access to all records of the City which are directly applicable to this contract for the purpose of making audits, examinations, excerpts and transcriptions. ARTICLE 15. LEGAL CONSTRUCTION In case any one or more of the provisions contained in this agreement shall for any reason, be held to be invalid, illegal, or unenforceable in any respect, such Invalidity, illegality, or unenforceability shall not affect any other provision thereof and this agreement shall be construed as it such invalid, illegal, or unenforceable provision had never been contained herein. ARTICLE 16. GOVERNING LAWS AND VENUE This agreement shall be construed under and in accordance with the laws of the State of Texas. Any legal actions regarding the parties obligations under this agreement must be filed in TfAVIS County, Texas. ARTICLE 17. PRIOR AGREEMENTS SUPERSEDED This agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. FTSERSTA►E1 10/92 Sheet 5 of 6 T f r NO ca! t1ra IN WITNESS WHEREOF, The State and the City have signed dupliFf~ a c~un r a s o the Agreement. ! I I d CITY OF DENTON THE STATE OF TEXAS Certified as being executed for the purpose and effect of activating By: _ and/or carrying out the orders, Signature established policies, or work programs heretofore approved and authorized by the Texas Transportation Commission under the authority of Minute Order 10OW2: Typed Name and Title By: Signature Date Traffic Operations Engineer Date I I FTSEM.STATE1 10/97 Sheet 6 of 6 T 6 SISISIT "A" f Q PJ i I I.H. 35 and Hwy 77 Equipment and associated costs of ` installing one traffic signal controller and cabinet 1 Equipment Coot Trinsyt 1880EL 8 phase 1 $6,800.00 controller/cabinet for Diamond Operation complete with 9200 revision/clock chip k including 43 amp model 300-01 Loadswitch, 304-15 flasher Q 12/EL Hems plus LCD monitor. Display panel board for 1 1,700.00 cabinet Canoga JP424T) Detector 3 $437 1,311.00 Amplifiers Canoga Power Supplies 1 250 250.00 Misc Bloc Items 1 100 100.00 Equipment Cost $10,161.00 , Personal Services Hours Rate Total Paul Iwuchukwu, Traffic Eng 30 19.25 577.50 Manuel Coronado, Traffc Supv 20 16.05 321.00 Jeff Gann, Traffic Tech 20 13.51 270,20 Lea oibson, Traffic Tech 20 12.58 251.60 Mike Key, Traffic Tech 20 12.46 249.20 Labor Cost $1,669.50 SUBTOTAL COST $11.830.50 I.H. 35 and Bonnie Brae Equipment and associated costs of installing one traffic signal controller and cabinet xQyjpaent Coat Transyt 18803L 8 photo 1 $6,800.00 controller/cabinet for Diamond operation complete with 9200 revision/clock chip including 40 amp model 300-01 Loadewitch, 304-15 flasher i 12/E1, Noma plus LCD monitor. Display panel board for 1 1,700.00 cab not 1 1 f zh- t 33 (6xhlblt "h" Continued) i Canoga (P424T) Detector 3 $437 1,311.00 Amplifiers Canoga Power Supplies 1 250 250.00 Mine Slec Items 1 100 100.00 squlpment Cost $10,161.00 r I ~ YlaBoJa ~ervice■ Hours Rate Total Paul Iwuchukwu, Traffic ■ng 30 19.25 577.50 Manuel Coronado, Trafto Supv 20 16.05 321.00 Jeff Gann, Traffic Tech 20 13.51 270.20 Los Gibson, Traffic Tech 20 12.58 251.60 Mike May, Traffic Tech 20 12.46 249.20 Labor Coat $1,669.50 SUBTOTAL COST I.H. 35 and Hwy 77 SUBTOTAL $11,830.50 , I.H. 3SB and Bonnie arse SOBTOTA7. 511.830.50 GRAND TOTAL S23.661.00 1 i f CITY COUNCIL I M22.1:2 slom Qom" O 1 D ooa;. .FAQ p co 7 a j C` h 4, If QQO N t ~V''ooOO OOGGGO ~ tt' t T-71 : I AQ6A9i11U1. oa CITY O/ DENTON, TEXAS MUNICIPAL BULL DING / 215 E. McKWNEY / DENTON, TEXAS 7620f MEMORANDUM { DATE: June 30, 1993 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY III This resolution allows the Evangelical Lutheran Good Samaritan Society to refinance $3,425,000 of existing Health Facilities Revenue Bonds. This Refunding is necessitated because The Letter I of Credit associated with the current issue is no longer applicable. This resolution and bond sale have been reviewed by Mr. Ted Brizzolara with the law firm of McCall, Parkhurst and Horton. It has also been reviewed and approved by the Denton Health Facilities Development Corporation. If you need any additional information, please advise. JFHavIaf Attachment AFF0064A 8 f 7/566.8200 D/FW METRO 434.2529 low# RESOLUTION APPROVING A BOND RESOLUTION BY DENTON HEALTH FACILITIES DEVELOPMENT CORPORATION PROVIDING FOR THE ISSUANCE OF HFALTH FACILITIES REFUNDING REVENUE BONDS FOR THE EVANGELICAL LUTHERAN GOOD SAMARITAN SOCIETY THE STATE OF TEXAS CITY OF DENTON : WHEREAS, Denton Health Facilities Development Corporation (the "Issuer") was created under the auspices of the City of Denton, Texas; and WHEREAS, a public hearing was held witk. respect to the issuance of bonds by the Issuer for the benefit of The Evangelical Lutheran Good Samaritan Society; and WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF DENTON$ TEXAS THAT; Section 1. The "Resolution of Denton Health Facilities Development Corporation concerning issuance of Health Facilities Refunding Revenue Bonds with respect to certain health facilities of The Evangelical Lutheran Good Samaritan Society and Authorizing the Execution and Delivery of all Financing Documents relating to the issuance, Sale, and Delivery of such Bonds, including an Indenture of Trust, a Loan Agreement, a Bond Purchase Agreement, a Tax Regulatory Agreement, a Second Amendment to Indenture of Trust and other Documents in Connection Therewith" in substantially the form and substance presented to this meeting is hereby specifically approved, and the Indenture of Trust and Loan Agreement attached I thereto are hereby specifically approved, and the series 1993 Bonds Lj in the principal amount of $30455,000 may be issued pursuant thereto for the purpose of refinancing the costs of certain health i facilities built by the Society by refunding certain outstanding bonds of the Issuer. Section 2. The City of Denton hereby approves the issuance of the aforesaid Series 1993 Bonds in the aggregate principal amount i of $304550000 for The Evangelical Lutheran Good Samaritan Society, and further approves the Project as described in the Bond Resolution relating to the Series 1993 Bonds, and such approval shall be solely for the purposes of Section 147(f) of the internal Revenue Code of 1986 and the City shall have no liabilities for the payment of the Series 1993 Bonds nor shall any of its assets be pledged to payment of the Series 1993 Bonds. PASSED AND APPROVED this 15th day of June, 1993. 1 l 1 .~1 1 i '1 I +i 7 t CITY .COUNCIL 1 ,ld i $1 I 1:' f I { TT MIT 'M MT.MX] '300"10 Z., t: of 0 off'. ti v.i } 0~ 11_j 7, ~ r e X91 3$! ' {1 ~1 AA 1.71 ~}}}iy~'{~I i. y 1~i2`~ i 1IS2}~i t4$ 1. 11{/1.ll4 11 a~ 1 ~ 1 y~, 11 mot., a+= t}"t'- llll ~~]}~}1fT}l+J{{J♦♦11 I i it A }221jjjj i 11♦ L1 r 1441 1 1:1+ M 6 ~gandaNo -~D Ag6ndaite Dote DATE: 06/15/93 ` C J `T CITY COUNC?l REPORT FORMAT I TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: A Resolution Assigning Claims Administration Contract fray Anthem Life Insurance Company to Acordia Corporate Benefits. i BE_QQ ENOATION- It is the staff's recommendation that the City Council approve a resolution transferring the City's claims administration agreement for the flexible benefits program, from Anthem Life Insurance Company (Anthem Life) to Acordla Corporate Benefits (Acordia). This assignment will not alter the j City's service agreement with Anthem Life, as both companies (Acordla and Anthem Life) are of the same parent company, the Associated Insurance Companies. SUMMARY: On January 1, 1992, the City entered into a service agreement with Anthem Life to administer claims for the employees' flexible benefits program. In October 1992 Anthem Life reorganized its corporate structure, and indicated that the City's claims administration agreement will be transferred to Acordia due to the reorganizatlon. Since the transfer was within the same corporation, and did not alter the provisions of the City's service agreement, staff did not see any need for a new contract to be written. This resolution will enable the City Council to approve tkoe change of name in the service agreement from Anthem Life Insurance Company to Acordia Corporate Benefits, Inc. The resolution will accept the Assignment of the service agreoment to Acordia and will not alter the subste;tive provisions of the original agreement with Anthem. BACKG_ROUNk In 1989, the City adopted a flexible benefits program within the guidelines of Section 125 of the Internal Revenue Code. Under the program, employees can designate a portion of their salaries for payment of medical insurance premiums, unreimbursed medical costs and child care expenses before taxes. As a result, employees lower their federal taxes, and this results in significant tax savings for both the City and employees through savings from social security taxes. The claims administration fee for the program is funded by the City as a benefit to employees. However, the benefits of this program out-weigh the costs of funding the it. Because the City does not pay social security taxes on the portion of employees' salary earmarked for this program, the program produces revenue for departments in the form of social security taxes savings. As shown in Attachment A, over the past three years (from 199D to 1992) the program has produced salary savings in excess of $89,494 for the City through social security tax savings. i J r June 15, 199.1 City Council Report on 'cordia Corporate Benefits, Inc. Page 2 f'RQG OFPARTMENZS_Q(j_QRWI S AFFECTED: The flexible benefits program covers all regular full-time and ~.ert-time employees. The tax savings from this program stay in department budgets as salary savings. ES" _IMPACT_ The approval of this resolution will not result in any additional costs to departments. Currently, departments are paying $4.00 per employee enrolled in the unreimbursed medical and child care accounts. The cost of funding this agreement during the 1993 this year is estimated at $E,040 While the net savings for the City are estimated at $66,355. Respectfully submitted: v' 2- Lloyd V. Harrel City Manager Prepared by: h'1 {A'. . homas W. `Klinck, Director of Human Resources Approved: ~ Bet y McKean EKecutive Director Municipal Services and Economic 0?velopment cerP99jb'rrn Pr~Pir•Qt 08/02/93 3o~~W Adoln93bhki Al TACIIMI:N1 A 03-J,;n-9'3 F'I FXIB1 is DE.NEFII S PLAN 04:22 R1 FINANCIAL. REPORT - 19% TO 1943 actual actual actual est. 1990 1991 1992 1 M, Enrollment 197 249 775 703 r DEDUCTIONS Unrelmb. Med. 560,565,82 87..058 ,20 "4,0"00 565,769 6-1 Ins. Premiums' 5219,405.60 5352.252 ,20 $727.360.00 .5725,795.64 Child Care S64,35P.,68 $76175.63 $22.864,00 581,712.52 ovwrvrrN Vr. .rrev.rau rwsr vawra wwrrsrv". TOTAL $424,328.30 $504,726,03 5834,304,00 $933.271.60 urrrrvswr.r ...Novo.. wvvs.rwrs ..MOON.". EXPENSES Fielent. Fee $9,391.00 S10.100 00 $4,800,00 S 0.00 i Ad m. Cost $7,092.00 $8,787,50 $6,232.00 $5.040.00 wrrr"".wa.o v..as.a.v .v..s...s .wrvsasaa TOTAL $18,483.00 $18,887,60 $10,032.00 56,040.00 1 vr..vaasa"" w".vr.sra sO""vwvwr "r Orrrrr" FICA TAX fiross Savg/City 532,461, 11 536.611.54 63.824.25 $71.395 29 (7.6641) Net cost/svgs. $15,978.11 " $19.724.()4 r $63,792.28 " $661M.29 f/(-) rrs.rraorss e........ ...rws"ao rua.rsrar Employee tax ravings $10806208 x128,181.61 $206,576.00 $2331317.95 (26%Avg) 'Includes hsallh and dental wsura, ce piem.un,s I RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE ASSIGNMENT OF A CONTRACT FROM ANTHEM LIFE INSURANCE COMPANY TO ACORDIA CORPORATE BENEFITS, INC. WHEREAS, on the 3rd day of February, 1992, the City of Denton, Texas awarded a contract for certain claims services to Anthem Life Insurance Companyl and WHEREAS, Anthem Life Insurance Company has requested that the City approve the assignment of the contract from Anthem Life Insurance Company to Acordia Corporate Benefits, Inc.; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES? SECTION I. That the City Council hereby accepts assignment from Anthem Life Insurance Company to Acordia Corporate Benefits, Inc, The City Manager is authorized to execute any agreements necessary to participate in this assignment. SECTION II. That this resolution shall take effect immediately from and after this passage. 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 BY MAMMA I Ajmcallef ASSIGNMENT OF CONTRACT BETWEEN THE CITY OF DENTON, TEXAS AND ANTHEM LIFE INSURANCE COMPANY RAQ11Al@ 1, On the let day of January, 1992, the City of Denton, Texas awarded a contract for certain claim services to Anthem Life Insur- ance Company, 2. Anthem Life Insurance Company has requested that the City approved assignment of this contract to Acordia Corporate Benefits, Inc. NOW, THEREFORE, THE PARTIES AGREE AS FOLLOWS: A9rtam.ank Anthem Life Insurance Company assigns all of its rights in that certain contract with the City of Denton, Texas to Acordia Bene- fits, Inc, The City of Denton accepts the above assignment and agrees to be bound by all of the terms and conditions of that contract, i CITY OF DENTON, TEXAS 1 BY: LIAYD V-. ~RARRELL ATTEST: i JENNIFER WALTERS, CITY SECRETARY BY: J I I ACORDIA CORPORATE BENEFITS, INC. BY: fiACCRDIA.Af: TITLE f CITYt' ;F COUNCIL' ~ I f t i- 1. 1 11: 1. 71 {I ixt.: =ia mlan- t I~ f TH 1.1 +-i- tultnt. 1- a 1: U4~ ov 1)4, A 41 too, , ~o i. tl $rtt. c t f tJ. t .7 ro F f ; + ♦lt+1; 4 `~~r0 N 1 t 1J J 1 ` tl~.l 1 4'(.I'1~ nn,(\♦•J J~,t {1{1`~ll, E Il A i/ 1 "3~ r; # ltd ff t } ~trl: 1Jt1~1 1 tkkl J 1 ~ i.i tJl-1 l.t A14 Itr CITY COUNCIL REPORT _zi 1a 3 TOi Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager DATE: June 15, 1993 SUBJECT: Street Closing Request for the Forrestridge Homeowners' Association block party on Saturday June 26, 1993, from 1:00 p.m. to 8100 p.m. RECOMMENDATION: To temporarily close Rolling Hills Circle, from 19 Rolling Hills Circle to 29 Rolling Hills Circle, on Saturday, June 260 from 1:00 p.m. to 8:00 p.m. for a neighborhood block party. SUMMARY: The Forrestridge Homeowners' Association is having a neighborhood block party on Rolling Hills Circle. The group has requested that the street be closed to provide adequate space and safety for those in attendance. The property owners affected by this closure are represented on the attached petition. Both the Police Chief and Fire Chief have been advised of this event and have no safety concerns with this temporary street closure. I Please advise if I can provide additional information. RESPECTFULLY SUBMITTE/- Llotd'V. Harrel City Manager j Prepared by: Catherine E. Tuck Administrative Assistant 0\rolihill,r ~(CndaND Aj7 ,rd21",A RESOLUTION NO, uv 1 7 + A RESOLUTION TEMPORARILY CLOSING ROLLING HILLS CIRCLE BETWEEN 19 ROLLING HILLS CIRCLE AND 29 ROLLING HILLS CIRCLE ON SATURDAY, JUNE 26, 19931 AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Dick Fulton, representing the Forrestridge Homeowners' Association, is requesting that a portion of Rolling Hills Circle from 19 Rolling Hills Circle to 29 Rolling Hills Circle, a public street within the corporate limits of the City of Denton, Texas be temporarily closed to public vehicular traffic between the hours of l:OD p.m. and 8:00 p.m. on June 26, 1993, for the purpose of having a block partyt and I WHEREAS, the residents of Rolling Hills Circle, from 19 Rolling Hills Circle to 29 Rolling Hills Circle, having signed and presented the City Council with a petition agreeing to the temporary closing of Rolling Hills Circlet NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Rolling Hills Circle from 19 Rolling Hills Circle to 29 Lolling Hills Circle, a public street in the corporate limits of the City of Denton be temporarily closed to vehicular traffic from the hours of 1100 p.m. and 8:00 p.m. on June 26, 1993, for the purpose of having a block party. SECTION II. That the City Manager shall direct the appropriate City Department to erect barricades at 19 Rolling Hills Circle and at 29 Rolling Hills Circle, at 1:00 p.m. and to have the same removed at 8100 p.n. on said date. PASSED AND APPROVED this the day of 1993. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i 1 J A~~nd66altem REgUEST F7OFi STREET CLOSCURE~~' 30~ 3 Organization Requesting Street Closurer shid" ll ws! o / do 'cw Contact Person= ~r-v Address3 /Q~~iPL1 dirt Phone Numberr Street To Be Closed: DER r s r.~_ - S tt 81el otJ Date and Time To Be Closedrid~.~ c 1;116) ?J 1 4 OM intersecting Streets Reason For Closure i Please complete the lower portion of this form, ALL property owners and/or tenants affocted by the street closure MUST be contacte3 and must sign below with an indication of being in favor or in opposition to the street closure. Name of Property owner/ Address of Pro ert Authorized Tenant Favor/ S! nature o pass i- Cr . 4.. 4 ~•t c~ to cz,1E 0?9 ,'~o-~~t jt-i ~az~ 5. 6, 7. e. 9. 10. AMMOOOFC ~rnStr+ I r CITY COUNCIL! ► E i; E~ I 't+ ~,aoaaoo ~o, ~~0 ar c! k'~ t l~,, i i o c 14 13I u't~ f 71J 4"- IJ h i Ap* , ~o f'5 k -CITy of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, McKINNEY / DENTON, TEXAS 76201 MEMOQANDUM t h DATE: June 10, 1993 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance 'y) ~Y h h SUBJECT: WILLIAMS TRADE SQUARE This resolution renews the lease agreement with Denton county for parking space at the Williams Trade Square parking lot. The terms and conditions of the contract are as they were in past; the County will lease fifteen (15) spaces at fourteen ($14.00) dollars per month. An addition to the contract allows for annual extensions. !f If you have any questions, please advise, I JFMCaeaf Attachment AFF00649 8171566.8200 D/FW METRO 434.2528 F u\updxa\raa\trd&. r _`1. n ~~dalta,n„ OfS RESOLUTION NO. I A RESOLUTION LEASING PARXING SPACES LOCATED ON THE WILLIAMS TRADE ' SQUAREI AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton has improved and maintained the area known as the "Williams Trade Square"s and { WHEREAS, such improvements include paved parking spaceas and ordCity of Denton er to recover he desires arksg Espaces in the of the maintenance lease improvements] NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager of the City of Denton, Texas is hereby authorized to execute an agreement between the City of Denton and County of Denton to lease parking spaces at the "Wil- liams Trade Square", a copy of which agreement is attached hereto and incorporated by reference herein. SECTION Ii. That this resolution shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the day of , 1.993. i BOB CASTLEBERRY, MAYOR ! I ATTESTS JENNIFER WALTERS, CITY SECRETARY 1 1 BYs APPROVED AS TO LEGAL FORMs ' DEBRA A. DRAYOVITCH, CITY ATTORNEY BYt d:IWDOCf 1Y IllT AilD,IEA i Apps a No,2 - c Pn AaznCake S (n rrL THZ STATE OF TEXAS § AGREEMENT BETWEEN THE CITY COUNTY OF b£NTON OF DENTON AND THE COUNTY OF § DENTON LEASE AGREEMENT This agreement is made and entered into by and betwEln the City of Denton, Texas, hereinafter referred to as Lessor, and Denton County, Texas, hereinafter referred to as Lessee. WITNESSETH: 1. Lessor leases to Lessee and Lessee leases from Lessor fifteen (15) parting spaces at the Williams Trade Square for a I•ariod of six (6) months commencing on the 1st day of April, 1993 and ending on September 30, 1993, at a monthly rate of fourteen dollars ($14.00) each to be occupied as a parking lot only. , 2. Lessee will pay the rent monthly on the 1st day of the ; month. 3. Lessee agrees to allow Lessor to have free access to the premisesi to leave the premises, on termination of the lease, in good repairs not to assign nor sublet the premises or any part claim damages or loss resulting from the use ofithe arking from aas I to any use of said premises by Lessee. 4. Lessor will provide the five (5) members of the Commis- sioners Court a sticker ermt Squares area without ti eilimit, tozbegin effect dIn the uring the term of this agreement. 5. Lessee shall have the option to extend this Lease for nine ! (9) successive terms of (12) twelve months each at such rental that the City Manager shall establish. To exercise the option to ex- J t its end, Lessee shall give Lessor sixty (60) days written notice of cityiManageroshall give Lessee ~ wriUpon receit of tten notice of the hinnotice* crease, the renew the any, in rental. Increases in rental shall be based upon economic conditions. I IN WITNESS WHEREOF, the parties hereto have executed this contract to be effective the 1st day of April, 1993. i J i Rill knit Ja No g ~o a mdat Ita A4O DENTON COUNTY, TEXAS, LESSEE CITY OF DENTON, LESSOR 110 West Hickory Municipal Building Denton, TX 76201 Denton, TX 76201 0 J^FF 40SELEY HONORABLE BOB CASTLEBERRY Cof T JUDGE MAYOR Otis.. ,rpy . ATTESTt ATTEST. TIM HODG£S COUNTY CLERK JENNIFER WALTERS, CITY SECRETARY AND EX OFFICIO CLERK OF THE COMMISSIONERS COURT OF DENTO COUNTY B - Oo 94- ty APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORMt DEBRA A. DRAYOVITCH, 1> CITY ATTORNEY PAGE 2 F E1\VCD0C6\RE5\7AF1AEAT,AFS So S RESOLUTION NO. I A RESOLUTION OF T COUNCIL OF THE CITY OF DENTON TEXAS, COMMITTING TO THE CONTINUATION OFADEQUATE FUNDING FOR IMPLEMENTA- TION OF THE CITY OF DENTON ENVIRONMENTAL PROTECTION AGENCY APPROVED II PRETREATMENT PROGRAM; AND PROVIDING AN EFFECTIVE DATE. I ^ WHEREAS, the Code of Federal Regulations requires that the pub- licly owned treatment works have sufficient resources and personnel to carry out the authority and qualified treatment Program; and y procedures of the Pre- WHEREAS, the City of Denton NPDES permit number TX0047180, Part II, requires control of pollutants contributed by industries; and WHEREAS, the City of Denton City Council acknowledges that con- tinued funding is necessary to implement the Pretreatment Program to meet the requirements of federal regulations and the NPDES per- mit; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I That the City will continue to proivde adequate funding to implement the City of Denton Pretreatment Program. SECTION II That this resolution shall become effective immed- iately upon its passage and approval, PASSED AND APPROVED this the day of , 1991. BOB CASTLEBFRRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: ` APPROVED AR TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: / i $~kT t Y fl .:7 F i tr iI $ r ~Iai i CITY Y,,]COUNCIL' # #I`t # . # 1 l; +2 1 ttl ti t i T T. TM mm -lm ,t rrl : t oo-no 30006b # l f f~O 0 1 1~ ~ t11 ;13 1 .1 ~y I q7 ml: 4 + 0 4 tote Po? June 15, 1993 /a DENTON CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE DENTON CITY COUNCIL FROM: Lloyd V. ;carrell, City Manager RE: Consider Approval of a Resolution Providing Continued i Funding For The Industrial Pretreatment Program. RECOMMENDATION: The Public Utility Board and the staff recommend approval of the Funding Resolution for the Denton Pretreatment Program. SUMMARY: In accordance with the National Pollutant Discharge Elimination System (NPDES) Permit compliance schedule for the wastewater Treatment Plant, the City of Denton was required by the Environmental Protection Agency to revise i the Denton Sewer Use Ordinance to include the Technically Based Local Limits and any modifications to the Denton pretreatment program. Because Denton rust submit the Sewer Use Ordinance revisions and the pretreatment program modifications for EPA "approval", Denton must also comply with the following federal statute for pretreatment program funding, 40 CFR Part 403.9 (b), (Z),- Content of POTW Program Submission A copy of any statutes, ordinances, regulations, agreements or other authorities relied upon by the POTW (Publicaly Owned Treatment Works) for its administration of the program. This submission shall include a statement reflecting the endorsement or approval of the local Board or Bodies responsible for supervising and/or funding the POTW pretreatment program, if approved. V I r A91idaItem PROGRAM/DEPARTMENTS OR GROUPS AFFECTED Ca; b a Citizens of Denton, City of Denton Legal Department, Department of Public Utilities. FISCAL IMPACT The proposed pretreatment program budget for the FY 93-94 Is $209,138. It is anticipated that this funding will be ` adequate for pretreatment program compliance activities. fff Exhibit I: Funding Resolution ` Respectfu ly, i I L oyd arrell, City Mana er Prepared by: Howard Marti , Director Environmental perations/FA APPROVED BY: i R.E. Nelson, Executive Director Department of Utilities FILE :ct\WPS1\CCAOENDA\FRPP693 I i it rII 11 •..,1♦ fir-. .I 1 Lr 1:: t r.It$ '11` ##L 1Z~ ti r fi}J:. i 1 tlx:; CITY r, tfti COUNCIL` 1 t~t # i s f 1 't It ° x t c ~ f f i I ~ i f 1 +t r: . .off#:.I}~2+itf 1, I31 1~1i~1. , . 4.1i 4 41~ ":4 Y: t i li~ftdl N0. - - De!~ ~ O 1Q / Environmental Health Services CITY Or- DENTON 300 Woodrow Lano Donlon Texas 76205 N E 1`1 U R A N 1) U 11 I i ru. JENNIFER WALfERS, CITY SECRETARY FRON: RUONEY FA'ffERSON, HEALTH INSPECTOR UA'rt: JUNE 1, 15y3 ISSUE. UhSIGNAILO DEPUTY CITY SECRETARY I Please be advised that I have been selected to become the Environmental health Services designated Deputy City Secretary. This deputized status will be used only for the purpose of I signing beer and wine permits and beer and wine applications. If you have any questions regarding this matter please call me at ext. 7595. Thank you. Printed on Recycled Paper ~15~" F{+1 ~ it{I~ ~ trt# * {r 34 Cil y r COUNCIL{ l r. I, Tl- + ttl- H. MM z IT- 1: TITM r- a { t ttzO 4 rt{' l 14 f, flltl l.l~ 1 1 l~.i~ l 1111 .i♦ , 4 lltl lA~. l.. Al j. .1I X3..1 +1 AI AWdA No -620 D sidtlt 15 Jnnb 15, 1993 CIT COON L R• 1 TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: CONSIDER ADOPTION OF THE ANNEXATION POLICY PLAN BY MOTION. RECOMMENDATION: The Planning and Zoning Commission recommends adoption, (q _ O) The Annexation Policy Plan is intended to provide a procedural and analytical framework to guide Informed decision making with regard , issues, The policies cover and extraterritorial jurisdiction (ETJ) limit ETJ boundaries, reasons a range of issues including Plano annexation rocesso for nexation, need for a sCity creation of special districtselease of land ih the ETJ and~ice the counci Annexati staff and the'Planning and 2 ning Commi policies in dealing Policy Plan enables the g issues rel ssion to consistently to annexation and ETJ use the I BACKGROUND: The City of Denton has a central location in Denton County with an extraterritorial jurisdiction of three and one half miles from the corporate city limits, The Cit is municipalities with y surrounded by at least fifteen Questions and issues opulation varying between 250 to 7,900. rais municipalities with re and to d by landowners, developers, and increa3ed significantly over the ye annexation, city limits and ETJ have he years, ~ T LOcalp he nnexati andf a tra It O eland into the City must comply w ith requirements result in a complex lops, The integration ofthehe City in the annexation process, procedure to be followed by the i City Council reviewed the draft Annexation Policy Plan at a study session on May 11, 1993. I 1 Benda No.. ~~eadaI I em S LF1lJ ~Y PROGRAMS. DEPARTMENTS OR GROUPS AFF CTED' ~O All city service departments including Utilities, Engineering, Planning and Development, Fire, Police, Solid Waste, Environmental Health, Parks and Recreation and Library. FISCAL IMPACT: The policies in the Annexation Plan have been designed to reduce negative fiscal impacts to the city over time. ~I Respe ully mitte . Prepared by: ' L1 y V. Harrell p City Manager Harry W. Persaud, AICP Senior Planner App ove rank bobbins, AICP Executive Di recto Planning and Development Attachment #1: P 4 2 Minutes. Attachment #2: Annexation Policy Plan. A;~.r;~~; FJo q ATTACHMENT 1 Am Minutes _ Planning and Zoning Commission OT April 14, 1993 Page 11 Mr. Clark said yes, but that he could also get there by loop 288. If the turn around at Loop 288 is used it takes 3.52 seconds to get to the mall, 2 112 minutes by going up Westgate, and four minutes going up Bonnie Brae. Mr. Cochran asked if limits could be set on temporary closure, Mr. Engelbrecht said that there was not a reason to set limits at the current time. It could be brought back when there is some idea when Payne Drive will be extended and we want to review the thoroughfare plan. Dr. liuey said that the closure would do more than any one thing to preserve the nature of the neighborhood which is so important. The whole concept of the Planning and Zoning Commission was to pry to help with definitions and to try to give some stability to those definitions. She stated that she thought that it would be to everyones advantage to move in that direction and establish that definition instead of waiting to see what type of development occurs. A permanent closure would help to define the type of development that would occur in the future. Dr. Huey moved to recommend permanent closure of Westgate Drive just north of Barrow. Mr. Cochran seconded the motion. The motion carried 4.1 with Fleming in opposition. The meeting adjourned to the Civil Defense Room for a work session. Mr. Willis had to leave when the meeting went into the work session. The work session was cancelled because three members were absent. ill. Consider the Annexation Policy Plan STAFF REPORT: Staff report was given by Harry Persaud. Mr. Persaud stated that the Annexation Policy was presented 1,1 the Commission on March 10, 1993. The Commission had asked for more time to review. Mr. Persaud said that the policy was being brought back for the Commission's consideration and input. lie said that staff felt that it was an opportune time to adopt the Annexation Plan because of growth in our ET.I. Many outlying towns want to develop or claim land. The plan Is needed to guide the Commission and the City Council in making decisions regarding ET! issues. Annexation issues are becoming more and more important. The City is doing one (1) or two (2) cases per year. The City's policy has been to do aggressive annexation. Mr. Persaud said that the Information on the annexations had been Incorporated in many different sources, such as the City Charter, State laws, r i i Minutes ~J- J3?I$fil•~2f Planning and Zoning Commission .6:7fS- -9 April 14, 1993 40 P Page 12 Subdivision Regulations, and the voting rights act, as well as individual case files. The purpose of the Annexation Plan is to put all available information together into one document. It would assure consistency by the staff, Planning and Zoning Commission and Council. STAFF RECOAiMENDATION: Mr. Persaud said that staff recommended that the Planning and Zoning Commission approves the Annexation Polity Plan. It was intended to request that City Council adopt the plan by a simple motion. Council's adoption of the Plan would enable the Commission and staff to follow the policies as far as possible when considering annexation and ET! issues. Mr. Engelbrecht said that he liked the idea of putting all of the information together into one document. It would not only help the Commission and the Council but also the people that were going to be annexed. Mr. Cochran said that at the previous meeting where the Annexation Plan was discussed, it was mentioned that the City is not required by State law to notify property owners of an annexation. He said that he felt that it should be City policy to notify property owners of an annexation strictly as a matter of courtesy. Mr. Persaud said that all of the people that were annexed in 1985 and 1986 where the property were notified, Other annexations were on vacant land And the City was working with developers. So far the City has tried to work both with the property owners and the developers in annexation matters. Mr. Cochran said that he would like to recommend that it be incorporated into written policy. Ur. Huey said tht t she agreed and would second. She said that she understood that the policy was compiled of existing policies that were gethered into one document, not policies that were created for the Annexation Polity. She asked if would be possible for a step to be added. Mr. Persaud said that the State laws had to be met, but that if the Commission wanted to add a step they could, Mr. Engelbrecht asked if there could be a policy statement making sure that the City would not be held liable if they failed to notify someone of an annexation.. Mr. Bucek said ti:at he thought the statement should read: Staff shall endeavor to give notice of an annexation. I Minutes J.cG',i l© Planning and Zoning Commission ApriI 14, 1993 Page 13 Mr. Cochran said that he would also like to see the section of the proposed plan which suggests that we should not seek annexation of property early in the year avoid having to provide city services deleted. Although the policy might have some e very good reasoning behind it, the implied ethical values seem beneath the dignity of our community. Mr. Persaud said that it was there for fiscal responsibility. If there would be long tern fiscal benefits to the City, the Council would have the option of going ahead with the annexation. Mr. Cochran asked how the document would be affected if that sentence were deleted. Ur. Iluey asked if it was the first sentence in 3.71. Mr. Bucek said that it was the second sentence in 3.70. Mr. Engel'nrecht said that he agreed with Mr. Cochran. Ile felt that the sentence could detract from the image of the City from a marketing standpoint. Ile asked if it would be appropriate to soften or modify the statement. hfr. Persaud said that it could be changed. Cochran asked what type of services would have to be provided that would cost a great deal of money, in the first year of annexation. Mr. Persaud said that the service plan in the policy sets up all the services that would have to be provided. Ile stated that most of the annexations that have been done over the past several years so there would have been no negative impact. If in the future, if an annexation is going to cost a lot of money without any returns, it could go to Council for directive and they could consider waiting. Mr. Bucek said that the developer usually wanted to annex early so that the services would have to be provided, because it would be a selling point in his favor. The people who have services and are paying taxes might feel that they were being ripped off. The area annexed would be getting the same services, but taxes would not have to be paid until the tax year started. Mr. Bucek said that it seemed to him that Mr. Cochran was not opposed to the policy, but the fact that it did not look good. Mr. Persaud said that it could be handled in house, but not as part of the written policy. Minutes ybf Of / Planning and Zoning Commission April 14, 1993 Page 14 Mr. Engelbrecht asked Mr. Cochran if he would haver problem if the staff reworded the statement. Dr. Huey stated that 3.70 was really a statement of the reality that is out there, but not a matter of policy. Mr. Cochran said that he found the statement offensive. It would not change the meaning if that sentence was deleted. Dr. I{uey said that the statement could be written so that it read: The scheduling of annexations should be arranged so that there would be as little negative fiscal impact as possible. Mr. Cochran approved of the statement. Dr. Huey said that the first sentence in 3.71 should be replaced as written above and Delete the second sentence in 3.70. Dr. Huey said that she would like to congratulate staff for a job well done. It was no small undertaking. Mr. Engelbrecht asked if there was any more discussion. Ms. Fleming asked if annexations were scheduled for the last quarter of the year, would the City lose out In some cases. Mr. Engelbrecht explained that early annexation might be recommended depending on the situation. Mr. Persaud stated that was correct. The policy did not say that all annexations would take place during the last part of the year. Dr. I luey explained that Ms. Fleming was just wanting to make sure that everyone 1 is aware of all aspects, so the integrity of the City is protected. Mr. Persaud said that the City would want to keep the flexibility. If there seemed to 1 be no compelling reason to annex immediately, then consideration may be put off for later In the year. M; 11eming asked about 3,511111 on page B. She wanted to know if the Planning and Zoning Commission should have access to the Information concerning release of land 1 f i Minutes %-J 'i`a'tarrr Planning and Zoning Commission 6-115 ~ April 14, 1993 ?O- Ire Page 15 Zoning Commission should have access to the information concerning release of land in the ETJ. She said that she would like for the last part to read; prior to consideration by the Planning and Zoning Commission and the City Council. Mr. Cochran made the motion to recommend to the City Council the adoption of the r Annexation Policy Plan as amended. Dr. Huey seconded, and the motion carried unanimously (4-0). VI. Directors Log Mr. Robbins explahxd that the case charts '.n the packets were to let the Commissioners know what their agendas would be like over the following weeks. It also showed the cases that staff had applications for and those that were possible. The Commissioners would have a chance if a case looked like it could be a large one, to come to the office and talk with staff. Mr. Robbins said that the preliminary plat for Epic, and the Final Plat for Dwight Thompson would be on the agenda for ril 28, 1993. Meeting adjourned a 1 1 I bz\pretreat.o HANDOUT TO COUNCIL 6-15-93 1 ~ I ORDINANCE NO. I AN ORDINANCE AMENDING ARTICLE 1; ENTITLED "DIRECT AND INDIRECT DISCHARGE INTO SANITARY WASTEWATER SYSTEM" OF CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, RELATING TO "UTILITIES" BY REPEALING SECTIONS 26-151 THROUGH 26-208 AND 4 _ ADOPTING NEW SECTIONS 26-151 THROUGH 26-209; PROVIDING FOR THE REGULATION AND CONTROL OF WASTEWATER DISPOSAL FACILITIES AND PRACTICES INCLUDING FEDERAL GENERAL PRETREATMENT REGULATIONS AND I CATEGORICAL PRETREATMENT REGULATIONS; PROVIDING THE PURPOSE AND SCOPE OF THE ORDINANCE; PROVIDING DEFINITIONS; PROVIDING PROCEDURES I FOR ABATING VIOLATIONS; PROVIDING A MEANS FOR DETERMINING THE CHAR- ACTER AND CONCENTRATION OF WASTEWATER; PROVIDING FOR THE APPROVAL OF PLANS, ISSUANCE OF PERMITS AND INSPECTION OF FACILITIES AND RE- CORDS OF APPLICANTS RECEIVING CERTIFICATIONS; REQUIRING CONNECTION TO SANITARY FACILITIES; PROHIBITING THE DISPOSAL OF CERTAIN WASTE- WATER INTO THE POTW; DISTINGUISHING BETWEEN SIGNIFICANT INDUSTRIAL USERS AND OTHER USERS AND PROVIDING PROCEDURES FOR SIGNIFICANT IN- DUSTRIAL USERS TO OBTAIN PERMITS; PROVIDING PROCEDURES FOR MONITOR- ING COMPLIANCE WITH PERMITS AND REVOCATION AND SUSPENSION OF PER- MITS; PROVIDING FOR CIVIL AND CRIMINAL ENFORCEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A MAXIMUM PENALTY OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the present pretreatment regulations pertaining to the disposal of wastewater do not definitively describe the re- quirements and procedures significant industrial users should follow in obtaining and maintaining permits for the disposing of wastewater into the POTW; and WHEREAS, the present regulations relating to the disposal of wastewater do not adequately advise sanitary sewer customers of the emergency measures the City of Denton will take in terminating ser- vice to any customer discharging pollutants into the City's POTW (Publicly Owned Treatment Works) that present an imninent endanger- ment to the health, safety and general welfare of the public; and WHEREAS, the City of Denton has held a public hearing to con- sider the proposed amendments to the Article V of the Utilities Chapter of the Code of Ordinances on May 17, 1993; and WHEREAS, the City Council of the City of Denton finds the proposed amendments to Chapter 26 of the code of Ordinances to be reasonably related to the City's desire to revise its ordinances, not in full compliance with federal and state water pollution control and clean water acts,to insure the health, safety and general welfare of its citizens are protected to the greatest extent possible; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I. That Chapter 26 of the code o! Ordinances relating ~ to "UTILITIES" is hereby amendeo by repesiirq Sections 26-1151 1 through 26-208 and adopting new Sections 1:6-153 through 26-209, so ' that hereafter the same shall read as follows: 1 ARTICLE V. DIRECT AND INDIRECT DISCHAI;(4 INTO SANITARY WASTEWATER SYSTEM DIVISION 1. GENERALLY Sec. 26-151. Purpose. j The purpose of this article is to regulate and control waste- water disposal facilities and practices within the city so as to protect the health, welfare and property of its citizens and to ensure that all wastewater disposal facilities and practices are in compliance with state and federal laws, rules and regulations, in- cluding all Federal General Pretreatment Regulations and Federal Categorical Pretreatment Regulations, including the implementation of a Pretreatment Program approved by the U.S. Environmental Protection Agency. Sec. 26-152. Scope. 1 This article shall apply to the direct or indirect discharge ~ of all water-carried wastes in the city and shall, among other things, provide for the regulation of sewer construction in areas within the jurisdiction of the city, the approval of plans for sewer construction, the quantity and quality of wastewater dis- charged, the degree of wastewater pretreatment required, the is- suance of industrial /commercial wastewater discharge permits and of other miscellaneous permits. (a) Industrial Users within the jurisdiction of this ordin- ance shall comply with all Federal General Pretreatment regulations and with thcae Federal Categorical Pretreatment Standards applic- able to each. (Title 40, Chapter I, Subchapter N, parts 403-471). (b) Industrial Users within the jurisdiction of this ordin- ance shall comply with all applicable sections of Chapter 26 of the Texas Water Code. Sec. 26-153. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Abnormal strength wastewater means any wastewater having a suspended solid, BOD, COD, chlorine demand or total phosphate concentration in excess of that found in normal strength waste- water. PLGE 2 Act means Public Law 92-500, as amended, 33 U.S.C. S 1251 et seq, as enacted by the United States Congress and known as the Federal Water Pollution Control Act or Clean Water Act. Approval Authority means Region 6 Administrator of United States Environmental Protection Agency (EPA). Approved Mathods means analysis performed in accordance with 40 CFR Part 136, "Guidolines Establishing Test Procedures for the Analysis of Pollutants under the Clean Water Act" and amendments, or with any other test procedures approved by EPA. Authorized Representative of the Users means: (1) if the user is a corporation: (a) The president, secretary, treasurer, or a vice- president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; or (b) The manager of one or more manufacturing produc- tion, or operation facilities employing more than two hundred fifty (250) persons or having gross annual sales or expenditures exceeding twenty-five (25) million dollars (in second-quarter 1980 dol- lars), if authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures. (2) If the user is a partnership or sole proprietorship: a general partner or proprietor, respectively. 1 (3) If the user is a Federal, State, or local governmental facility: a director or highest official appointed or designated to oversee the operation and performance of the activities of the government facility, or their designee. (4) The individuals described in paragraphs 1 through 3, above, may designate another authorized representative if the authorization is in writing, the authorization specifies the individual or position responsible for the overall operation of the i facility from which the discharge originates or having overall responsibility for environmental matters for the company, and the 1 written authorization is submitted to the city of Denton. SOD, means the quantity of oxygen utilized in the biochemical oxidation of organic matter under standard laboratory procedure in five (5) days at twenty (20) degrees Celsius, expressed in milli- grams per liter. Building means any structure used or intended for supporting or sheltering any use or occupancy. PAGE 3 i MI I i Building drain means that part of the piping of a building drainage system which receives the discharge of all soil, waste and other drainage from inside the structure and conveys the drainage to the building service line outside the foundation wall of such building. Categorical pretreatment standard means any regulation con- taining pollutant discharge limits applicable to a specific category of users as promulgated by the EPA in accordance with section 307(b) and (c) of the Act. (33 U.S.C. 5 1317) (40 CFR Chapter I, Subchapter N, Parts 405-471). Chlorine demand means the difference between the amount of chlorine added to water, wastewater or industrial wastes and the amount of residual chlorine remaining at the end of a twenty-minute 3I contact period. COD, denoting chemical oxygen demand, means the measure of the oxygen equivalent of that portion of the organic matter in a sample that is susceptible to oxidation by a strong chemical oxidant. Committee means the environmental appeals committee. Composite sample means a sample that is collected over time, formed either by continuous sampling or by mixing discrete samples. The sample may be composited either as a time composite sample: composed of discrete sample aliquots collected in one container at constant time intervals providing representative samples irrespec- tive of stream flowl or as a flow proportional composite samplet collected either as a constant sample volume at time intervals pro- eachialiquot stream thefflow inc eases while Increasing maintaining a volume constant time interval between the aliquots. Control Authority means the City of Denton acting by and through its Executive Director of Public Utilities. Con line at tsrol point before an opening erviceivline access di charges to service wastewater system. cooling water means the water discharged from any system of condensation such as air conditioning, cooling or refrigeration. , Daily Maximum Limit means the maximum allowable discharge of thmeticnaverage measurement of the pollutant concentrationtderived from all measurements taken that day, { Direct discharge means the conveyance of wastewater from a service line uninterrupted to a city public sewer, Domestic user means a source of the introduction of pollutants 1 into a POTW from any source not regulated under section 307(b), PAGE 4 I (c), or (d) of the Act, Dry closet means an indoor room or an outdoor privy used as a toilet, but lacking water for conveyance of waste. EPA means the United States Environmental Protection Agency or its successor agencies. Executive Director of Utilities means the chief executive officer of the utilities department of the city or his authorized deputy, agent or representative. Flow rate means the quantity of wastewater that flows past a particular point in a certain period of time. Grab sample means a sample which is taken from a wastestream without regard to the flow in the wastestream and over a period of time not to exceed fifteen (15) minutes. I Indirect discharge means the conveyance of wastewater to a public sewer by any means other than direct discharge. Industrial/commercial user means any nondomestic source dis- charging pollutants to the City of Denton POTW which is not a significant industrial user. Industrial /commercial wastewater discharge permit, referred to in this article as "industrial/commercial discharge permit," means a permit required of a significant industrial user to deposit or discharge waste into any wastewater system under jurisdiction of the city. Industrial /commercial wastewater surcharge means a charge, as set forth in this Code, levied on industrial/commercial users of the sewage treatment works for the additional costs of treating wastewater discharges of abnormal strength wastewater. Interfere means inhibition or disruption of the wastewater system which contributes to a violation of any requirement of this article, Interference means a discharge, which alone or in conjunction with a discharge or discharges from other sources, inhibits or dis- rupts the POTW, its treatment processes or operations or its sludge processes, use or disposal; and therefore, is a cause of a viola- ' tion of the City of Denton's NPDES permit or of the prevention of sewage sludge use or disposal in compliance with any of the follow- ing statutory/regulatory provisions or permits issued thereunder, or any more stringent State or local regulationss Section 405 of the Act; the Solid Waste Disposal Act, including Title II commonly referred to as the Resource conservation and Recovery Act (RCRA); any State regulations contained in any State sludge management plan prepared pursuant to Subtitle D of the Solid Waste Disposal Act; the Clean Air AQt; the Toxic Substances Control Act; and the Marine Protection, Research, and Sanctuaries Act. I PAGE 5 I May means that the possibility or likelihood of response exists; discretionary action. mg/1 means milligrams per liter. Natural outlet means any outlet into a watercourGe, ditch, lake or other body of surface water or groundwater. New Source means: (1) any building, structure, facility, or installation from which there is (or may be) a discharge of pollutants, the construction of which commenced after the publication of proposed pretreatment standards under Section 307(C) of the Act which will be applicable to such source if such standards are thereafter promulgated in accordance with that section, provided that: (a) The building, structure, facility, or installation is constructed a site at which no other source if located; or (b) The building, structure, facility, or installation to- tally replaces the process or production equipment that causes the discharge of pollutants at an existing source; or (c) bThe uildingt,cstructure, facility a or installation are fsuthe b- stantially independent of an existing source at the same site. In determining whether these are substantially independent, factors such as the extent to which the new facility is integrated with the existing plant, and the extent to which the new facility is engaged in the same general type of activity as the existing source, should be considered. (2) Construction on a site at which an existing source is located results in a modification rather than a new source if the construction does not create a new building, structure, facility, or installation meeting the criteria of Section (1) (b) or (c) above but otherwise alters, replaces, or adds to existing process or production equipment. (3) Construction of a new source as defined under this paragraph has commenced if the owner or operator hast (a) Begun, or caused to begin, as part of a continuous onsite construction program (i) any placement, assembly, or installation of facilities or equipment; or (ii) significant site preparation work including clearing, excavation, or removal of existing buildings, structures, or facilities which is PAGE 6 I necessary for the placement, assembly, or installation of new source facilities or 111 equipment; or (b) Entered into a binding contractual obligation for the purchase of fac.ilitle~, or equipment which are intended to be +isvd in its opcratinn within a rea- sonable time. Option:, to purchase or contracts which can be terminated or mocii.fied without sub- stantial loss, ind contracts for feasibility, engi- neering, and desiyo studies do not constitute a contractual obligation under this paragraph. r Normal strength wastewater means wastewater which, when analy- zed by the city, shows by weight a dally average of not more than two thousand eighty-five (2,085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of suspended solids and two thousand eighty-five (20085) pounds per million gallons (two hundred fifty (250) milligrams per liter) of 80D and two thousand eighty-five (2,095) pounds per million gallons (two hundred fifty (250) milligrams per liter) of COD and not more than seventy-five and one-tenth (75.1) pounds per million gallons (nine (9) milli- grams per liter) of chlorine dsmand and forty-one and seven-tenths (41.7) pounds per million gallons (five (5) milligrams per liter) of phosphorus and which is otherwise acceptable into a public sewer under the terms of thi3 article. NPDES permit means the National Pollution Discharge Elimin- ations System (NPDES) permit as issued pursuant to section 4'2 of the Act (33 U.S.C. 1342). Objectionable waste means any wastewater that can harm either the sewers, wastewater treatment process or equipment, have an adverse effect on the receiving stream or otherwise endanger life, health or property or constitute a nuisance. Pass Through means a discharge which exits the POTW into waters of the United States in quantities or concentrations which, alone or in conjunction with a discharge or discharges from other sources, is a cause of a violation of any requirement of the City of Denton's NPDES permit, including an increase in the magnitude or duration of a violation, Person means any individual, partnership, co-partnership, firm, company, corporation, association, joint stack company, trust, estatA, governmental entity or any other legal entity, or their legal representatives, agents or assigns. The masculine gender shall include the feminine and the singular shall include the plural except as otherwise indicated by the context. pH means the degree of acidity or alkalinity of a solution, expressed as the logarithm of the reciprocal of the hydrogen ion concentration in gram equivalents per liter of solution, PACE 7 i j a Point of discharge means any discernible, confined and I discrete conveyance or vessel from which wastewater may be discharged into a public waterway or public wastewater system. Polluted water means any water, liquid or gaseous waste con- 1 taining any of the following: soluble or insoluk le substances of an organic or inorganic nature; settleable solids that may form sludge deposits; grease and oils; floating solids which may cause unsight- ly appearance; color; phenols and other substances to an extent which would impart any taste or odor to the receiving stream; and toxic or poisonous substances in suspension, colloidal state, sol- ution or gases. POTW (Publicly owned Treatment Works) means a treatment works as defined by Section 212 of the Act through which the City of Denton wastewater is collected, stored, treated, recycled or re- claimed. This definition includes all sanitary sewers that convey wastewater to the contracted POTW treatment plants. For the pur- poses of this Chapter, "POTW" shall also inclu~l3 any sewers that convey wastewater to the POTW from persons outside the City who are, by contract or agreement with the City, and users of the City's wastewater collection system. The term also means the municipality as defined in Sectirni 502(4) of the Act which has jurisdiction over the indirect Discharges to and the discharges from such a treatment works. Pretreatment means the reduction of the amount of pollutants, the elimination of pollutants, or the alteration of the nature of pollutant properties in wastewater prior to, or in lieu of, introducing such pollutants into the POTW. This reduction or alteration can he obtained by physical, chemical, or biological processes; by process changes; or by other means, except by diluting the concentration of the pollutants unless allowed by an applicable pretreatment standard. National Pretreatment Standard or Pretreatment Standard or Standardt Any regulation containing pollutant discharge limits promulgated by the EPA in accordance with Section 307(b) and (c) of the Act, which applies to users. This term includest a. Discharge prohibitions and local limits established pur- suant to 40 CFR 403.5; and b. categorical Pretreatment Standards established pursuant to 40 CFR 403.6. Privy means an outhouse or similar type small building used as a toilet where wastes are either buried on site or collected and disposed of elsewhere, Public nuisance means all sewage, human excreta, wastewater, or other organic wastes deposited, stored, discharged or exposed in such a way as to be a potential instrument or medium in the trans- mission of disease to or between any perecn or persons. PAGE 8 Sanitary sewer means a sewer intended to receive domestic which ewater storm and admissible industrial/commercial wastewater, but to tionally admitted., Septic tank means any covered watertight tank not connected to the wastewater system and which is designed for the treatment of wastewater. Septic systems (on-site sewerage facilities) means a sewage treatment system which anaerobically treats sewage through the use of septic tanks, subsurface drainfield, and methods used for the disposal of wastewater other than the disposal systems operated under a permit issued by the Texas Water Commission. Service line means that part of the horizontal piping building drainage system beginning at the outside foundationfwall I and terminating at its connection with the wastewater system. Sewage meant; water which contains, or which has been in con- tact with organic and inorganic contaminants such as human or animal wastes, vegetable matter, cooking fats and greases, laundry and dishwashing detergents, and other chemical compounds and waste product, Sewer means a pipe or conduit for carrying wastewater. Sewer system means all facilities which are owned by the city for collecting, carrying, treating and disposing of wastewater. r Shall means the obligation or necessity to respond; mandatory action, Significant Industrial User meansi a. All Users subject to Categorical Pretreatment Standards under 40 CFR 403.6 and 40 CFR Chapter i, Subchapter N;; b. Any User that: (1) Discharges an average of 25,000 gallons or more of regulated process wastewater into the POTW during a twenty-four (24) hour period; or (2) Has a reasonable potential, in the opinion of the , executive director of public utilities, to (a) adversely affect POTW operations (including but not limited to interference, pass through, sludge con- tamination or endangerment of POTW workers), or (b) violate any pretreatment standard or requirement, significant noncompliance means: (1) Chronic violations of wastewater discharge limits, de- fined here as those in which sixty-six percent or more of PAGE 9 all of the measurements taken during a six-month period exceed (by any magnitude) the daily maximum limit or the average limit for the same pollutant parameter; (2) Technical Review Criteria (TRC) violations, defined here as those in which thirty-three percent or more of all of the measurements for each pollutant parameter taken dur- ing a six-month period equal or exceed the product of the daily maximum limit or the average limit multiplied by the applicable TRC. (3) Any other violation of a pretreatment effluent limit (daily maximum or longer-term average) that the City of Denton determines has caused, alone or in combination with other discharges, interference or pass through (including endangering the health of POTW personnel or the general public); I (4) Any discharge of a pollutant that has caused imminent endangerment to human health, welfare or to the environ- ment or has resulted in the POTW's exercise of its emer- gency authority under provisions of the City of Denton Code of ordinance to halt or prevent such a discharge; (5) Failure to meet, within 90 days after the schedule date, a compliance schedule milestone contained in a local control mechanism or enforcement order to starting con- struction, completing construction, or attaining final compliance; (6) reFailure to quired reports such as baseline amonitoring reports, a90- day compliance reports, periodic self-monitoring reports, and reports on compliance with compliance schedules= (7) Failure to accurately report noncompliance; (8) Any other violation or group of violations which the City of Denton determines will adversely affect the operation or implementation of the local pretreatment program. Slug means any discharge of wastewater concentration of any given constituent or in quantity of flow for any period longer than fifteen (15) minutes, more than five (5) times the average twenty- four (24) hour concentration or flow of normal operations of the user in question, Slug load means any pollutant discharge at a flow rate or concentration which could cause a violation of the specific pro- hibitions under Section 26-187 or 40 CFR 403.5 (b) to 403.12 (f). Standard industrial classification (SIC) means a classifica- tion pursuant to the Standard Industrial Classification Manual issued by the Executive Office of the President of the United States, Office of Management and Budget, 1972 or latest edition. PAGE 10 I Standard methods means the latest edition of Standard Methods for the Examination of Water and Wastewater, prepared and published jointly by the American Public Health Association, American Water Works Association and the Water Pollution Control Federation. Storm drain or storm sewer means a public drainage pipe which caries storm water and surface waters and drainage, but is not in- tended to carry wastewater other than unpolluted cooling water. Storm water means rainfall or any other form of excess water which is derived from precipitation. Suspended solids means solids that either float on the surface of or are in suspension in water, wastewater or other liquids and which are removable by acceptable laboratory procedures as set forth in standard methods. Total dissolved solids means the material left in the vessel after evaporation of a sample and its subsequent drying in an over at a defined temperature. Toxic substance means any substance, whether gaseous, liquid or solid, which, when discharged to the sanitary sewer in suffi- cient concentrations, as determined by the executive director of public utilities, may be hazardous to sewer maintenance and per- sonnel, tend to interfere with any wastewater treatment process or to constitute a hazard to human beings or animals or to inhibit aquatic life or to create a hazard to recreation in the receiving waters of the effluent from a wastewater treatment plant. Transport truck discharge (TTD) permit shall mean a permit to deposit or discharge septic tank, cesspool or seepage pit wastes into the wastewater system. Trap means a device designed to skim, settle or otherwise remove grease, oil, sand, flammable wastes or other harmful sub- stances from wastewater before entering the wastewater system. User charge means a charge levied on users of the wastewater system for the capital cost, as well as the operation and mainten- ance of such works, as set forth in this Code. Waste means rejected, unutilized or superfluous substances in liquid, gaseous or solid form resulting from domestic, agricultural or industrial activities. Wastewater means the water-carried wastes which are discharged into the wastewater system. Water closet means a compartment or room equipped with a toi- let that is properly connected to the sanitary sewer and has the means for mechanical discharge. (Code 1966, S 25-132) Cross reference - Definitions and rules of construction generally, S 1-2. PAGE 11 Sec. 26-154. Administration. Except as otherwise provided, the executive director of util- ities shall administer the provisions of this article. (Code 1966, S 25-133) Sec. 26-155. Procedures for abatement of violations. (a) Notice and order. Whenever the executive director of utilities has determined that any person has violated any provision of this article or that such violation is continuing, reoccurring or may reoccur, he may, in addition to any other remedy provided for in this article, issue a notice and order directing that such violation be corrected or such other order as is necessary to pre- vent the violation from continuing or reoccurring. Such notice and order shall state: (1) The nature of the violation and the provisions of this article which have been violated; (2) The corrective action that must be taken to correct or abate the violation; j (3) The amount of time within which the violation must be corrected; (4) A statement that the person to whom the notice and order are issued may appeal from the notice and order to the environmental appeals committee by filing in writing with the executive director of utilities an appeal and filing fee within ten (10) days of the service of the notice and order; and (5) A statement that failure to comply with the notice and order and failure to file a timely appeal may result in termination of wastewater service. (b) Service of notice and order. Any notice and order issued under this article shall be in writing and served in person or by registered or certified mail on the record user or users of the wastewater system or other persons determined to be responsible for such violation. the executive director of utilities abyefiling a notice written dnoorder of tice of appeal with the executive director of utilities on forms provided by the director and by paying a filing fee established by the city council and on file in the office of the city secretary. Such notice of appeal shall be filed and filing fee paid within ten (10) days of service of the order. fee are)filed,Termination exec executive director of utilities may, ifdafviol- ation is continuing or reoccurring or may reoccur, terminate wastewater service to the person ordered to correct or abate such PAGE 12 IRV violation if such violation has not been corrected or abated within the time specified in such order. i (e) Emergency suspension of service. (1) Suspension. The executive director of utilities may, without prior notice, suspend water service, sanitary sewer service and/or storm Sewer access to a User or to a person discharging to the Storm Sewer when such suspension is necessary in the opinion of the executive director of utilities to stop an actual or threatened discharge which: { (i) Presents or may present imminent suostantial danger to the environment or to the health or welfare of persons; i ' (ii) Presents or may present imminent substantial danger to the POTW, Storm Sewer or Waters of the State; or (iii) will cause pass through or interference of the POTW. (2) Notice of Suspension. As soon as is practicable after the suspension of service, the executive director of utilities shall notify the User or the person discharging to the Storm Sewer of the suspension, and order such person to cease the discharge immediately. (3) other Steps. If a person fails to comply with an order issued under Subsection (2), the executive director of utilities shall take such steps as it deems necessary to prevent or minimize damage to the Storm Sewer, POTW or Waters of the State, or to minimize danger to persons. Such steps may include immediate severance of a person's sanitary sewer connection. (4) Reinstating Service. The executive director of utilities shall reinstate suspended services to the User or to the person discharging to the Storm Sewer: (i) Upon proof by such person that the noncomply- ing discharge has beet eliminated; (ii) Upon payment by such person of its outstanding water, sewer and storm water utility charges; ' (iii) Upon payment by such person of all costs incurred by the City in responding to the discharge or threatened discharge; and PAGE 13 (iv) Upon payment by such person of all costs incurred by the City in reconnecting service. (5) Written Statement. Within five (5) days of the day of suspension of services, the User or the person discharging to the Storm Sewer shall submit to the executive director of utilities a detailed written statement describing the cause of the discharge and the measures taken to prevent Iny future occurrence. (6) Right to Hearin A suspended under this esectionosmayeapply h to tithe department which suspended service for a hearing on the issue of the suspension. The hearing shall be conducted in accordance with subsection (f) of this section. (f) Hearing and determination. (1) An environmental appeals committee is hereby established and authorized to hear and decide appeals from any order issued by the executive director of utilities pursuant to this article. The committee shall be composed three members appointed by the city manager. No individual ap- pointed to the committee shall be employed in the chain of command of the executive director of utilities. (2) The committee may call and hold hearings, adminis- ter oaths, receive evidence at the hearing, and make findings of fact and decisions with respect to administering its powers in this chapter. (3) Upon the hearing, the committee shall determine if there is substantial evidence to support the exe- cutive director of utilities' determination and order. The decision of the committee shall be in writing and contain findings of fact. If the com- mittee determines that there is substantial evi- dence to support the determination and order of the executive director of utilities, the committee shall, in addition to its decision, issue an order: a. Requiring discontinuance of such violation or condition; b. Requiring compliance with any requirement to correct or prevent any condition or violation; or c. Suspending or revoking any permit issued under this article. PACE 14 f (4) In any decision and order issued by the committee, the order shall specify the time in which the compliance with the order must be taken. A copy of the decision and order shall be delivered to the appellant or person to whom the order is directed in person or sent to him by registered or certified mail. (5) Should the appellant 'ail to comply with the order of the committee within the time specified therein, if any, the executive director of utilities, in addition to any other remedy provided for in this article, may terminate sewer service to the appellant. (Code 1966, S 25-134) Sec. 26-156. Penalties. (a) A person who violates any provision of this article shall, upon conviction, be punished as provided in section 1-12 of the "General Provisions" chapter of this Code. i (b) The City Attorney is authorized to commence an action for appropriate legal or equitable relief in a court of competent ju- risdiction. Such relief may include: (1) An injunction to prevent a violation of this Chapter; (2) Recovery for damages to the POTW or Storm Sewer resulting from a violation of this Chapter; (3) Recovery for expenses incurred by the City in responding to a violation of this Chapter; (4) A civil fine of up to one Thousand Dollars and No Cents ($1,000.00) per day for a violation of Sections 26-151 through 26-208; and (5) All other damages, costs and remedies to which the City may be entitled. Sec. 26-157. Determining the character and concentration of wastewater. (a) The wastewater discharged or deposited into the wastewater system shall be subject to periodic inspection and sampling as often as may be deemed necessary by the executive director of utilities. Sampling shall be conducted according to customarily accepted methods, reflecting the effect of constituents upon the wastewater system and determining the existence of hazards to health, life, limb and property. (1) Except as indicated in Sec. 26-157 (a) subsection (2) below, the user must collect wastewater samples using flow proportional composite collection techniques. In the event flow proportional sampling is infeasible, PAGE 15 the executive director of utilities may authorize the use of time proportional sampling or a minimum of four (4) grab samples where the user demonstrates that this will provide a representative sample of the effluent being discharged. In addition, grab samples may be j required to show compliance with instantaneous discharge limits. (2) Samples for oil and grease, temperature, pH, cyanide, phenols, sulfides, and volatile organic compounds must be obtained using grab collection techniques. j (b) The examination and analyses of the characteristics of waters and wastes required by this article shall be: (1) Conducted in accordance with Section 304(h) of the Clean Water Act; 40 CFR, Part 136 and amendments thereto; or any techniques approved by EPA; and 4 (2) Determined from suitable samples taken at the control manhole provided or other control points authorized by the city. (c) The determination of the character and concentration of wastewater shall be made by the executive director of utilities at such times and on such schedules as may be established by the executive director of utilities. violation Aof this person shall compensate the ci ty for wastewater cost of sampling and monitoring the discharges until such time as the dis- charged wastewater is in compliance with this article. The execu- tive director of utilities shall determine the number of samples and the frequency of sampling necessary to maintain surveillance of the discharges. (Code 1466, S 25-136) Sec. 26-158. Approval of plans, issuance of permits and certification of final inspection. (a) Wastewater system work permit required. it shall be un- lawful for any user of the wastewater system to construct, recon- struct, modify, enlarge or alter any equipment, device, machinery, apparatus or facility or system or component thereof which is used or is intended to be used to treat, process, measure or convey any wastewater which is or will be discharged into the wastewater sys- tem without first obtaining a wastewater system work permit from the executive director of utilities. (b) Requirements for permit. A wastewater uystem work permit shall be issued when all plans, drawings and specifications are submitted in such detail as the executive director of utilities may require and the executive director of utilities has dotermined that the work to be done will result in adequate treatment, processing, measuring and conveyance of the wastewater discharged into the wastewater system in accordance with tho provisions of this PALE 16 article. (c) Certificate of final inspection upon completion. (1) Upon completion of the work to be done under the wastewater system work permit, the executive director of utilities shall inspect the work and, if done in accordance with the permit, the executive director of utilities shall issue a certificate of final inspec- tion to the permit holder. (2) If the completed work does not comply with the plans and specifications submitted for which the permit was issued, the executive director of utilities shall re- quire such correction as necessary before a certifi- cate of inspection is issued. (3) No person receiving a wastewater system work permit shall utilize or wake use of any equipment, device, machinery, apparatus or facility covered by the permit until a certificate of final inspection is issued in accordance with this article. (d) Right to inspect. No person shall refuse the executive director of utilities the right to inspect any work done or requir- ed to be done under this article. (Code 1966, S 25-137) Sec. 26-159. Inspections. Representatives of the city, the EPA, the Texas Water Commis- sion and the state health department or any successor agency bear- ing proper credentials and identification shall be permitted to enter upon the premises of industrial users for the purpose of inspection, observation, flow measurement, sampling and testing of thr: wastewater system or any wastewater discharged into the waste- wtter system or examination of any records, files and operational activities associated with the industrial pretreatment program and generation of hazardous waste and discharges into the environmerk~.. Sec. 26-160. Access to Industrial User Records (a) The executive director of utilities shall have access to, and the right to inspect and copy, any and all industrial user records (docunants, memorandums, reports, correspondence, and any and all summaries thereof) which pertain to that industry's dis- charge to the POTW, disposal and/or generation of hazardous waste and discharges into the environment. (b) The Industrial User shall be required to retain records of all information resulting from any monitoring, sampling analyses, or reporting activity required by these regulations for a minimum of five (5) years. This period of retention shall be extended during the course of any unresolved litigation regarding the Industrial User or POTW or when requested by the executive director of utilities. PAGE 17 (c) The constituents and characteristics of wastewater dis- charged by an Industrial User shall not be considered confidential and shall be available to the public without restriction. Other information obtained from documents, memorandum, re- ports, correspondence, questionnaires, permit .applications, per- mits, monitoring programs and inspections shall be available to the public without restriction unless the User specifically requests, in writing, at the time the information is to be obtained by the executive director of utilities, that the information is to be con- sidered confidential. Information submitted to the executive di- rector of utilities by the Industrial User shall be stamped "Confi- dential Information" on each page containing such information that the industrial User wishes to be held confidential. If a claim of c the public, onfidentiality is asserted, and a records request is received from t executive with the city attorney shall determine if utilities i information uisapro- tected by law from disclosure under either the Texas Open Records Act or 40 CFR Part 2 (Public Information). If the Industrial User does not claim the information as confidential at the time the in- formation is obtained by the executive director of utilities, it will be available to the public without further notice. (c) All non-domestic users, shall furnish, upon request, to the City, information needed to develop a systematic program ac- cording to the Pretreatment Standards or Requirements. The infor- mation must be available to the executive director of utilities for inspection and reproduction. Sec. 26-161. Right of Entry. Whenever necessary to make an inspection to enforce any of the provisions of this Chapter, or whenever the executive director of utilities has reasonable cause to believe that there exists in any vehicle, in any building or upon any premises any condition or violation of this Chapter, the executive director of utilities may enter such vehicle, building or premises at all reasonable times to inspect the same or to perform any duty imposed by this chapter. If such vehicle, building or premises are occupied, he shall first present proper credentials and request entry. If such vehicle, building or premises is unoccupied, he shall first make a reason- able effort to locate the control of the vehicle, building or premises eandnr quest a try a If such entry is refused, or if no owner or other person having charge or control of the vehicle, building or premises can be located, the executive director of utilities shall have recourse to every remedy provided by law to se(.ure entry. Secs. 26-162 to 26-170. Roserved. DIVISION 2. SANITARY FACILITIES REQUIRED Sec. 26-171. Connections required. (a) Any owner or occupant of every building where such build- PAGE 18 ~I ing is within one hundred (loo) feet of any city sanitary sewer and is utilized as a dwelling or residential unit shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sp4er in accordance with all ordinances of the city regulating such construction and shall, within thirty (30) days after written notice to do so from the executive director of util- ities, abate and cease to use any septic system, dry closet or privy upon such premises. (b) Any owner or occupant of every building where such build- ing is within three hundred (300) feet of any city sanitary sewer and is utilized as a business or commercial establishment discharg- ing wastewater exceeding the limits established by this article shall construct or cause to be constructed a suitable water closet upon such property and shall connect or cause the water closet to be connected with the sanitary sewer in accordance with all ordin- ances of the city regulating such construction and shall, within thirty (30) days after written notice to do so from the executive director of utilities, abate and cease to use any septic system, dry closet or privy upon such premises. i .(c) The owner or occupant maintain such water closet and o all nconnections in good shall cokee and ndition f and free from any obstructions. (Code 1966, S 25-150) Sec. 26-172. Septic systems. (a) Septic systems shall be installed in accordance with the provisions of the latest edition of the Construction Standards for On-site Sewage Facilities, as published by the Texas Water Commis- sion or any other administrative rules adopted by the TWC. (b) It shall be unlawful for a person to allow a septic osyswithitem 3000 other feet oofsthe facilit (osF) of the within city, the drain upon the surface of the ground. (c) All septic systems shall be constructed on a minim+im lot size of one (1) acre for either commercial or residential facil- ities served by a public or private water system. (Code 1966, S 25-150) Sec. 26-173. Dry closets prohibited. It shall be unlawful for any person to build, use or maintain any privy or dry closet on any lot or land within the corporate limits of the city, except for portable sanitary privies utilized temporarily. (Code 1966, S 25-152) Sec. 26-174. Construction of sanitary sewers and connections. The construction of sanitary sewers and connections thereto shall be as provided in the ordinances of the city. (Code 1966, S 25-153) PAGE 19 Sec. 26-175. Owner responsible for maintenance of sanitary sewer service lines. The city shall not 7 building drains or service lines, and responsible maint nance shall be the responsibility and duty of the owner of the premises serviced by ' any such service line. (Code 1966, S 25-154) Sec. 26-176. Compliance with building regulations required. _ Sanitary sewer service shall not be furnished to any premises where the plumbing thereof has not been installed in accordance with the building regulations or any other provisions as provided in the ordinances of the city. (Code 1966, S 25-155) Sec. 16-177. Abatement of Nuisances I The executive director of utilities shall pursue abatement of all public nuisances (Sec. 26-153) which occur within the city limits of Denton. Secs. 26-178-26-185. Reserved. DIVISION 3. USE OF PUBLIC SEWERS Sec. 26-186. Discharge prohibitions. (a) It shall be unlawful for any person to discharge or cause to be discharged into the POTW or into a natural outlet materials, waters or wastewater, if such substances may cause ass throuh or interference or have an adverse effect on the environment or may otherwise endanger life, health or property or constitute a public nuisance, including oxygen-demanding pollutants (BOD, etc.) In determining the acceptability of substances for discharge into the wastewater system, the executive director of utilities shall give consideration to such factors as the quantities of subject substan- ces in relation to flows and velocities in the wastewater system, materials of which the wastewater system is constructed, nature of the wastewater treatment process, capacity of the wastewater treat- ment plant, degree of treatability of the substances in the waste- water treatment plant and such other factors which may be pertinent to such evaluation. (b) No person shall discharge into public sewers: (1) Any liquids, solids or gases, including but not limited to gasoline, kerosene, naphtha, benzene, toluene, xylene, ethers, alcohols, ketones, aldehydes, peroxides, chlorates, perchlora tea bromates, car-'other substances which,a eyarfire,or other hazard to the system, which r by reason of their nature or quantity either alnne or b are or may other substances to cause '.re, explosions or o be winjurious in any other way to the facilities or operation of the PAGE 20 I I wastewater system including wastestreams with a closed-cup flash point of less than 140oF (60oC) using the test methods specified in 40 CPR 261.21. (2) Any substance which causes two (2) successive readings on an explosion hazard meter to be more than five (5) percent or any single reading over ten (10) percent of the lower explosive limit (LEL) of the meter as mea- sured at the point where the wastewater is discharged into the wastewater system. (3) Any wastewater having a pH less than five (5), greater than twelve point five (12.5) or any wastewater having any other corrosive property capable of causing damage or hazard to the wastewater system or any person. (4) Any wastewater containing toxic substances in suffi- 'ient quantity that may, either singly or by inter- :ion with other substances, injure or cause in- ' erference with any wastewater treatment process, c)nstitute a hazard to humans or animals, create a toxic effect in the effluent waters of the wastewater system or exceed the limitation set forth in the categorical pretreatment standards. A toxic aubstance shall include but not be limited to any substance identified pursuant to section 307(a) of the Act. (5) Any substance discharged into the wastewater system, such as residu6j, sludges or scums, which causes in- terference with the reclamation process or any sub- stance which causes the wastewater system to be in noncompliance with sludge use or disposal guidelines or regulations developed under section 405 of the Act or any guidelines or regulations affecting sludge use or disposal promulgated pursuant to the Solid Waste Disposal Act, the Clean Air Act and the Toxic Sub- stances Control Act, as amended by the U.S. Congress. (6) Any liquid or vapor having a temperature higher than one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius). If, in the opinion of the exe- cutive director of utilities, lower temperatures of such wastewater could harm either the wastewater sys- tem, wastewater treatment process, equipment or have an adverse effect on the receiving stream or could otherwise endanger life, health or property or con- stitute a public nuisance, then the executive director of utilities may prohibit such discharges. In no case wastewater which causes the temperature at the intro- duction into the treatment plant to exceed 1040F (4000). (7) Any wastewater containing fats, wax, grease or oils, whether emulsified or not, in excess of two hundred (200) mg11 or containing substances which may solidify PAGE 21 or become %iscous at temperatures between thirty-two (32) degrees Fahrenheit (zero degrees Celsius) and one hundred fifty (150) degrees Fahrenheit (sixty-five (65) degrees Celsius) and which might cause obstruc- tion of flow in the POTW resulting in interference. (8) The executive director of utilities may reject any waste which does not meet the requirements of this ordinance. The executive director of utilities may require any information from an Industrial User neces- sary to determine the characteristics of the User's wastewater discharge prior to the commencement of such discharge to the POTW. The executive director of utilities may deny or condition new, increased or changed contributions. (9) Petroleum oil, nonbiodegradabie cutting oil, or pro- ducts of mineral oil origin, in amounts that will cause interference or pass through. I ~ (10) Trucked or hauled pollutants, except at discharge points designated by the executive director of utilities. (Code 1966, $ 25-160) Sec. 26-187. Specific Pollutant Limitations. It shall be unlawful for any person to discharge into the wastewater system, unless such discharge is allowed under the pro- visions of section 26-208, any of the following: (1) Any wastewater containing hazardous metals to such degree that any such material received at the point of discharge into the wastewater system exceeds the limits established below: Daily Maximum Discharge Limits (mg/L) Pollutants Composite values Arsenic 0.35 Cadmium 0.10 Chromium 1.75 Copper 1.35 Cyanide 0.91 Lead 1.08 Mercury 0.0087 Nickel 1.10 Silver 0.17 zinc 1.96 All concentrations for pollutants are for "totjl" values unless otherwise indicated. PAGE 22 (2) Other metals not listed in subsection (1) of this section which will, in the opinion of the executive director of utilities, damage the wastewater system or interfere with the treatment. process; (3) Toxic organics found in quantifiable concentration greater than 0.01 mg/L (10 ppb) shall not total more than 2.13 mg/L for any discharge. Any organic compound considered toxic by the executive director of utilities and reason- ably expected to be found in the Industrial User's dis- charge may be included in the calculations of total toxic organics if detected in any industry's discharge in quan- tifiable concentration greater than 0.01 mg/L. (4) Any radioactive wastes or isotopes into the publi. waste- water system without permission of the city; (5) Quantities of flow, concentrations or both which consti- tute a slug; (6) Materials or substances which cause: a. Concentrations of suspended solids or BOD in excess of two hundred fifty (250) mg/L; b. Concentrations of phosphorous exceeding five (5) mg/L; c. Discolorations, such as but not limited to dye waters and vegetable tanning solution. (7) National Categorical Pretreatment Standards The categorical pretreatment standards found at 40 CFR Chapter I, Subchapter N, Part 433, Metal Finishing Cate- gory, are hereby incorporated. Sec. 26-188. Discharge of waters not containing wastewater. (a) It shall be unlawful for any person to discharge unpol- luted waters into the wastewater system. Except with the approval of the executive director of utilities or as otherwise provided in this article, no storm water connection from any building or yard nor any drain from any catchbasin, lake swamp, pond or swimming pool nor any outlet for surface water, storm water or groundwater of any kind shall be connected to the wastewater Eystem. (b) Within any area served by a separate sanitary sewer and a storm sewer, no storm water shall be allowed to enter the sanitary sewer from waste or vent pipes of any building. Within any such area no downspout, roof leaders, gutters, other pipes or drains such as channels which may at any time carry storm water, surface drainage derived from hydraulic pressure or from well points or lake water shall be connected with any sanitary sewer. (Code 19660 S 25-162) PAGE 23 T r I Sec. 26-189. Discharge to a natural outlet. It shall be unlawful for any person to discharge polluted water to any storm sewer or natural outlet within the area served by the city, except where suitable treatment has been provided in accordance with the provisions of this article and except where a Federal National Pollutant Discharge Elimination Systems (NPDES) permit has been duly issued and is currently valid for such dis- charge. A valid copy of such a permit and any modifications there- of must be filed with the executive director of utilities. (Code 19660 S 25-163) Sec. 26-190. Wastewater discharges requiring traps. i All persons discharging oil, grease, and flammable wastes or other harmful substances in amounts that, in the opinion of the executive director of utilities, will impede or stop the flow in the wastewater system shall install a trap before the point of dis- charge into the wastewater system. Any person responsible for dis- charges requiring a trap shall, at his own expense and as required by the city: (1) Provide equipment and facilities of a type and capacity approved by the city; (2) Locate the trap in a manner that provides ready and easy accessibility for cleaning and inspection; and (3) Maintain the trap in effective operating condition. (Code 1966, S 25-164) Sec. 26-191. Wastewater discharge from transport trucks. (a) Permit required. All persons owning or operating a vacuum truck, cesspool pump truck, liquid wastewater transport truck or other vehicle shall not discharge or unload any septic tank, seepage pit, inceptor or cesspool contents from such vehicle without first having received a valid transport truck discharge (TTD) permit. (b) Permit fee. TTD permits shall be issued by the executive director of utilities upon proper application and payment of a fee established by the city council and on file in the office of the city secretary. All TTD permits shall be valid for one (1) year. (c) Unloading or discharge of waste or wastewater. It shall be unlawful for any person holding a TTD permit to unload or dis- charge any waste or wastewater except in a manner and at a place as specified by the executive director of utilities. Before discharg- ing under a TTD permit, the executive director of utilities may require the person holding such permit to furnish a sample of the contents of the material to be discharged as a prerequisite to discharging into the wastewater system. The executive director of utilities may refuse permission to discharge abnormal strength wastewater into the wastewater system. PAGE 24 I (d) Rates for discharge. Any person discharging or unloading normal strength wastewater under a TTD permit into the wastewater system shall be charged at the regular commercial. sewer rates. Any person discharging abnormal strength wastewater under a TTD permit into the wastewater system shall be charged an industrial/ com- mercial surcharge rate. (Code 1966, S 25-165) Secs. 26-192-26-200. Reserved. DIVISION 4. INDUSTRIAL OR COMMERCIAL WASTEWATER DISCHARGE Sec. 26-201. Permit-Required. (a) it shall be unlawful for any significant industrial user to connect to the wastewater system or to discharge wastewater to the wastewater system without first obtaining an industrial/ com- mercial wastewater discharge permit from the executive director, of utilities. (b) All significant industrial users discharging wastewater directly or indirectly into the wastewater system prior to the effective date of the ordinance from which this article is derived may continue that discharge one hundred eighty (180) days after such effective date. Prior to the expiration of the one-hundred- eighty-day period, the significant industrial user shall apply for an industrial/commercial wastewater discharge permit from the executive director of utilities. (Code 1966, S 25-170) Cross reference-Licenses, permits and business regulations generally, Ch. 16. Sec. 26-202. Same-Procedure for obtaining. (a) Application. Significant industrial users required to obtain an industrial/commercial wastewater discharge permit shall ' complete and file with the city an application in the form pre- scribed by the city and accompanied by a fee established by the city council and on file in the office of the city secretary. New significant industrial users shall apply at least ninety (90) days prior to connecting to or contributing to the wastewater system for an industrial/commercial wastewater discharge permit. In support of the application, the significant industrial user shall submit the following information; (1) All information required by (f)(1) of this section. (2) Name, address, and location, if different from the address; (3) SIC number according to the Standard Industrial Classification Manual, Bureau of the Budget, 1972, as amended; (4) Wastewater constituents and characteristics, including but not limited to those mentioned in this article as PAGE 25 0 I determined by a reliable analytical laboratory; ` sampling and analysis shall be performed in accordance with procedures established by the EPA pursuant to the Act and contained in 40 CFR, Part 136, as amended; (5) Time and duration of contribution; (6) Average daily wastewater flow rates, including daily, 1 monthly and seasonal variations, if any; (7) site plans, floor plans, mechanical and plumbing plans and details to show all service lines, sewer connec- tions and appurtenances by size, location and ele- vation; (8) Description of activities, facilities and plant processes on the premises, including all materials which are or could be discharged; (9) Where known, the nature and concentration of any pol- lutants in the discharge which are limited by any city law or regulation or by the state or categorical pre- treatment standards and a statement regarding whether or not the pretreatment standards are being met on a consistent basis; (10) If additional pretreatment and/or operation and maintenance will be required to meet the categorical pretreatment standards; the shortest schedule by which the significant industrial user will provide such additional pretreatment. The completion date in this schedule shall not be later than the compliance date established for the applicable categorical pretreatment standard. The following conditions shall I apply to this schedule: a. The schedule shall contain increments of progress in the form of dates for the commencement and com- pletion of major events leading to the construct- ion and operation of additional pretreatment re- quired for the significant industrial user to meet the applicable categorical pretreatment standards, e.g., hiring an engineer, completing preliminary plans, completing final plans, executing contract for major components, commencing construction, etc. i b. No increment referred to in subsection (a) (10)a. of this section shall exceed nine (9) months. c. Not later than fourteen (14) days following each date in the schedule and the final date for com- pliance, the significant industrial user shall submit a progress report to the executive director of utilities including, as a minimum, whether or PAGE 26 , not it complied with the increment of progress to be met on such date and, if not, the date on which it expects to comply with this increment of pro- taken ~by the the reason industrial user osrebeing turn the construction to the schedule established. In no event shall more than nine (9) months elapse between such progress reports to the executive director of utilities. (11) Each product produced by type, amount, process or pro- cesses and rate of production; i (12) Type and amount of raw materials processed, average and maximum per day; I (13) Number and type of employees and hours of operation of the plant and proposed or actual hours of operation of the pretreatment system; (14) Any other information as may be deemed by the city to be necessary to evaluate the permit application. of a(categorical pretreatment st Modifications. Within nine (9) months of the promulation wastewater discharge permit of significant industrial users subject to such standards shall be revised to require compliance with such standard within the time frame prescribed by such standard. Where a significant industrial user subject to a categorical pretreatment standard has not previously submitted an application for an indus- trial/commercial wastewater discharge permit, the significant in- dustrial user shall apply for an industrial/commercial wastewater discharge permit within one hundred eighty (180) days after the I promuaddlgation of he hsignificanteincategorical dustrial/c pretreatment user standard. ran kl~ existing industrial/commercial wastewater discharge permit shall submit to the executive director of utilities, within one hundred eighty (180) days after the promulgation of an applicable cate- gorical pretreatment standard, the information required by sub- sections (a)(8) and (a)(9) of this section. li (c) Conditions. Industrial/commercial wastewater discharge permits shall be expressly subject to all provisions of this ar- ticle and all other applicable regulations, significant industrial I user charges and fees established by this Code. Permits shall contain the following; I (1) The unit charge or schedule of significant industrial user charges and fees for the wastewater to be dis- charged to the wastewater system: (2) Limits on the average and maximum wastewater consti- tuents and characteristics; (3) Limits on average and maximum rate and time of PAGE 27 I discharge or requirements for flow regulations and equalization; (4) Requirements for installation and maintenance of inspection and sampling facilities; (5) Specifications for monitoring programs which may include sampling locations, frequency of sampling, number, types and standards for tests and reporting schedule; (6) Compliance schedules; (7) Requirements for submission of technical reports or discharge reports; (8) Requirements for maintaining and retaining plant records relating to wastewater discharge as specified by the city and affording city access thereto; (9) Requirements for notification of the city of any new ! introduction of wastewater constituents or any sub- stantial change in the volume or character of the wastewater constituents being introduced into the wastewater system; (10) Requirements for notification of slug discharges; (11) Other conditions as deemed appropriate by the city to ensure compliance with this article and requirements of 40 CFR 403.8 (f). (d) Duration. Permits shall be issued for a specified time period not to exceed three (3) years. A permit may be issued for a period less than one (1) year or may be stated to expire on a specified date. The significant industrial user shall apply for permit reissuance a minimum of sixty (60) days prior to the expira- tion of the significant industrial user's existing permit. The terms and conditions of the permit may be subject to modification by the city during the term of the permit. The significant indus- trial user shall be informed of any proposed changes in his permit at least thirty (30) days prior to the effective date of change. (e) Transfer. Industrial/commercial wastewater discharge per- mits are issued to a specified significant industrial user for a specific operation. An Industrial/commercial wastewater discharge permit shall not be reassigned or transferred or sold to a new owner, new user, different premises or a new or changed operation without the approval of the executive director of utilities. Any succeeding owner or significant industrial user shall also comply with the terms and conditions of the existing permit. (f) Reporting requirements for permittee. The permittee shall submit the following reports: PAGE 28 (1) All Significant Industrial Users, including New Sources, that are subject to Categorical Pretreatment Standards must submit Baseline Monitoring Reports (BMRs) to the executive director of utilities in accordance with 40 CFR 403.12 (b). a. Identifying Information. The name and address of the facility, including the name of the operator and owner. b. Environmental Permits. A list of any environmental control permits held by or for the facility. c. Description of Operations. A brief description of the nature, average rate of production, and standard industrial classifications of the operation(s) carried out by such user. This description should include a schematic process diagram which indicates points of discharge to the POTW from the regulated processes. d. Flow Measurement. Information showing the measured average daily and maximum daily glow, in gallons per day, to the POTW from regulated process streams and other streams, as necessary, to allow use of the combined wastestream formula set out in 40 CPR 403.6(e). e. Measurement of Pollutants. 1. The categorical pretreatment standards applicable to each regulated process. 2. The results of sampling and analysis identifying the nature and concentration, and/or mass, where required by the standard or by executive director of utilities of regulated pollutants in the dis- charge from each regulated process. Instantan- eous, dail'? maximum, and long-term average con- centrations or mass, where required, shall be reported. The sample shall be representative of daily operations and shall be analyzed in accord- ance with procedures set out in Section 26-157(b) of this ordinance. 3. Sampling must be performed in accordance with procedures set out in Section 26-157(x)(1) and (2) of this ordinanco. f. Certification. A statement, reviewed by the user's authorized representative and certified by a quali- fied professional, indicating whether pretreatment standards are being met on a consistent basis, and, if not, whether additional operation and maintenance (04M) and/or additional pretreatment is required to PAGE 29 meet the pretreatment standards and requirements. g. Compliance Schedule. if additional pretreatment arid/or O&M will be required to meet the pretreatment standards, the shortest schedule by which the user will provide such additional pretreatment and/or O&M. The completion date in this schedule shall not be later than the compliance date established for the applicable pretreatment standard. A compliance schedule shall contain: 1. Progress increments in the form of dates for the commencement and completion of major events lead- ing to the construction and operation of addi- tional pretreatment required fo:• the user to meet the applicable pretreatment standards (such events include, but are not limited to, hiring an engineer, completing preliminary and final plans, executing contracts for major components, com- mencing and completing construction and beginning and conducting routine operations); 2. No increments referred to above shall exceed nine (9) months; I 3. The user shall submit a progress report to the executive director of utilities no later than ! fourteen (14) days following each date in the schedule and the final date of compliance in- cluding, as a minimum, whether or not it complied with the increment of progress, the reason for any delay, and, if appropriate, the steps being taken by the user to return to the established 1 ~I schedule; and 4. In no event shall more than nine (9) months elapse between such progress report to the executive director of utilities. h. Signature and Certification. All baseline moni- , t,,icing reports must be signed and certified in accordance with Section 26-202(f)(14) of this ordinance. (2) within ninety (90) days following the commencement of the contribution of wastewater into the POTW, any significant industrial user classified as a regulated Categorical Standard Industry, and therefore subject to Federal Categorical Pretreatment Standards, shall submit to the executive director of utilities a 90-Day Compli- ance Report in accordance with 40 CFR 403.12 (d). (3) Significant Industrial Users not classified as Categori- cal Standard Induatries may, at the discretion of the ' executive director of utilities, be required to submit i ?AGE 30 I 4 a Baseline Monitoring Report and/or a 90-Day Compliance Report. (4) Regulated Categorical Standard Industries subject to a Pretreatment Standard, after the compliance date of such Pretreatment Standard or, in the case of New Sources, after commencement of the discharge to the POTW, shall submit a Semi-Annual Compliance Report to the executive director of utilities in accordance with 40 CFR 403.12 (e). (5) Significant Non-categorical Industrial Users may be re- quired to submit a Semi-Annual Compliance Report to the executive director of utilities in accordance with 40 CFR 403.12 (h). (6) Semi-Annual Compliance Reports required under subsec- tions (f)(4) and (5) of this Section shall be based on sampling and analytical data collected during the period covered by the report by both the executive director of utilities and the Industrial User if self-monitoring is performed. Sampling and analytical data shall be repres-nntative of the conditions occurring during the I~ reporting period. (7) Categorical Standard industries shall perform self- monitoring sampling and analysis of the regulated process wastestream at a frequency stipulated by the wastewater Discharge Permit. (8) Categorical Standard and Non-categorical significant industrial users may be required to perform self- monitoring on wastestreams, should the executive director of utilities deem it necessary. (9) Self-monitoring samples shall be collected, preserved and analyzed in accordance with approved methods. (10) For each self-monitoring samples, the Industrial User shall submit an Industrial Self-Monitoring sampling Report which shall include: a. The date, exact place, sampling method, preservation method, times of sampling and the name(s) of the person(s) taking the samples; + 4 b. The dates the analyses were performed; c. The analytical techniques/method used; and d. The results of the analyses. 1 (11) For Categorical Standard Industries, at least once during each Semi-Annual Compliance Reporting period, self-monitoring samples shall be analyzed for all PAGE 31 federally regulated parameters. (12) If self-monitoring indicates a violation, the Industrial User shall notify the executive director of utilities within 24 hours of receiving the results. The Indus- trial User shall also repeat the sampling and analysis and submit the results of the repeat analysis within thirty (30) days after becoming aware of the violation. For Industrial Users required to self monitor each month, the next month's self-monitoring may be used as the repeat sampling so long as the sample is analyzed for the violating parameter and the thirty (30) day subnission deadline is observed. (13) All Compliance Reports, Self-Monitoring Sampling Reports and applications for industrial/commercial wastewater discharge permits must be signed by an Authorized Offi- cial of the Industrial User in accordance with 40 CFR j Part 403.12(1). The Authorized Official may desi-3nats a representative, in writing, to the executive director I of utilities. The authorization must specify either an individual or a position having responsibility for the overall operation of the facility from which the Indust- rial Discharge originates, or having overall responsibi- lity the authorization abecomes rinvalid hbecause tofachanges in responsibilities or personnel, a new written auth- orization must be submitted to the executive director of utilities prior to or along with any report being signed { and submitted by the new representative. (14) All Compliance Reports, Self-Monitoring Sampling Reports and applications for industrial/commercial wastewater 1 discharge permits must include the statement: "I certify under penalty of law that this document and all attachments were prepared under my direc- tion or supervised in accordance with a system de- signed to assure that qualified personnel properly gather and evaluate the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly res- ponsible for gathering the information, the infor- mation submitted is, to the best of my knowledge and belief, true, accurate and complete. I am aware that there are significant penalties for submitting false information including the possib- ility of fine and imprisonment. (15) All industrial users shall notify the POTW immediately of all discharges that could cause problems to the POTW, including any slug loadings by the industrial user. (16) An Industrial User shall notify the executive director of utilities, the EPA Regional Waste Management Division PAGE 32 i I Director, and the State hazardous waste authorities, in writing, of any discharge into the POTW of a substance, which, if otherwise disposed of, would be a hazardous waste under 40 CFR Part 261, in accordance with 40 CFR 403.12 (p). (17) The reports and other documents required to be submitted or maintained under this section shall be subject to: a, The provisions of 18 U.S.C. Section 1001 relating to fraud and false statements; b. The provisions of sections 309 (c) (4) of the Act, as amended, governing false statements, represent- ation, or certification; C. The provisions of Section 309 (c) (6) of the Act regarding responsible corporate offices; and d. The applicable provisions of this ordinance. Sec. 26-203. Same-Suspension or revocation. (a) Permit not a vested right. A permit issued under this article does not become a vested right in the person holding the permit. (b) Grounds for suspension or revocation. A permit issued under this article may be revoked or suspended upon any of the following grounds: (1) The permittee has or is violating one (1) or more pro- visions of this article; (2) The permittee has failed or is failing to comply with one (1) or more conditions of a permit; (3) There is a change in conditions which requires elimin- ation or modification of the discharge covered by a j permit; (4) Revocation or suspension is necessary in order to prevent harm or damage to the wastewater system or treatment process or is necessary to protect the health or welfare of persons, animals or property; (5) The permit was obtained by misrepresentation or failure to disclose all relevant facts. (c) Procedure for suspension or revocation. The executive director of utilities may issue an order suspending or revoking a permit issued under this article upon the grounds specified in this article. Such order shall state the grounds therefor and shall be served upon the permittee in person or by certi!ied or registered PAGE 33 I I mail. Such order of suspension or revocation shall become effect- ive after five (5) days from the date of service, unless the per- mittee within such five-day period files an appeal and filing fee in accordance with section 26-155 of this article. (d) Procedure for appeals from order of revocation or sus- pension. Appeals from the order of the executive director of util- ities suspending or revoking a permit shall be processed and heard in accordance with procedures for other appeals as set forth in section 26-155. (Code 19660 $ 25-175) _ Sec. 26-204. Same-Effect of suspension or revocation. Any permittee who receives an order from the executive director of utilities revoking or suspending a permit required under this article shall discontinue any discharge covered by the permit after five (5) days from notice of such order, unless within such five- day period the permittee appeals such order to the environmental appeals committee. An cutive director of utilPtiest of ahsuspensi n nor irevocatione of ea permit and does not timely appeal such order or any permittee who has been notified of the order of the committee, after a hearing, of the revocation or suspension of a permit and who continues a discharge covered by a permit after the effective date of the rev- ocation or suspension of the permit may have sewer service termin- ated by the executive director of utilities. (Code 1966, $ 25-176) Sec. 26-205. Same-Reinstatement of suspended or revoked permit. (a) The executive director of utilities shall reinstate a sus- pended Industrial /commercial discharge permit upon satisfactory proof to the executive director of utilities of corrective action of the permittee of the condition or dis 'large for which the per- mit was suspended. (b) A user whose industrial/commercial discharge been revoked must apply for a new permit and comply ithe allt pros visions and conditions required as though a permit had not been issued for ..uch user. (Code 1966, g 25-177) Sec, 26-206. Pretreatment of industrial wastewater. Significant industrial users shall provide necessary wastewater treatment as required to comply with this article and the categor- ical pretreatment regulations. Any facilities required to pretreat wastewater to a level acceptable to the executive director of util- ities shall be provided, operated and maintained at the user's ex- pense. Detailed plans showing the pretreatment facilities and op- erating procedures shall be submitted to the executive director of utilities for review before construction of such facilities. The review of such plans and operating procedures will in no way re- lieve the user from the responsibility of modifying the facility as necessary to produce an effluent acceptable to the executive dir- ector of utilities under the provisions of this article. Any sub- sequent changes in the pretreatment facilities or method of oper- PAGE 34 ation ;.hall be reported to and be acceptable to the city prior to the user's initiation of the changes. All records relating to com- pliance with the categorical pretreatmenL standards shall be ,wade available to officials of the Environmental Protection Agency or city upon request. (Code 1966 S 25-172 Sec. 26-207. Control manhole. As a prerequisite to receiving an industrial/commercial waste- water discharge permit, the executive director of utilitir.s ma%, when necessary system, require a signifi aiatindustrialCuserotolinstall aa~-,.:~table control manhole together with such meters, equipment and jji,urten- ances as deemed necessary by the executive director of %it'lities :.n order to adequately sample and measure such wastewater. All re- quired control manholes shall be located so as to poitmit k,,:trn- stricted access by the executive director of utiliti. c%• (Code 1966, S 25-173) Sec. 26-208. Industrial/commercial wastewater surcharge. if abnormal strength wastewater is acceptable for discharge into the wastewater system under the provisions set forth in the industrial/commercial wastewater discharge permit, an industrial/ commeroial wastewater surcharge shall be added to the base charge to cover the additional cost of treating abnormal strength waste- water. Such surcharge shall be calculated as follows: Where: Cu a Vu[ (BU 250) 8 + (Su - 250)S}J Cu is the surcharge for user X. Vu is the billing volume for user X. Bu is the tested ROD level for user X r,r two hundred fifty (250)mg/l, whichever is greater. B is the unit cost factor for treating one (1) unit of ROD per one thousand (1,000) gallons. Su is the tested SS level for user X or two hundred fifty (250)mg/1, whichever is greater. S is the unit cost factor for treating one (1) unit of SS per one thousand (1,000) gallons. Sec. 26-209. Code of Federal Regulations (CFR) as amended. The terms and provisions set forth in this Chapter referencing and/or incorporating provisions contained in the Code of Federal Regulations (CFR) are intended to adopt such sections to the CFR as they exist at the time of passage of this ordinance and as the CFR may be subsequently amended. PACE 35 SECTION II. That if any section, subsection, paragraph, sen- tence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION III, That any person who shall violate any provision of this ordinance, or fails to comply therewith nr with any re- quirements thereof, or a permit or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine not exceeding Two Thousand Dollars (52,000.00). Each such person shall be deemed guilty of a separate offense for each and every day or portion i thereof during which any violation of this ordinance is committed, or continued, and upon conviction of any such violations such per- son shall be punished within the limits above. i SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official news- paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED ANi APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST1 JENNIFER WALTERS, CITY SECRETARY BY3 _ APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: PAGE 36 HANDOUT TO COUNCIL 6-15-93 AGREEMENT BETWEEN CITY OF DENTON, TEXAS OWNER AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE SANITARY LANDFILL INITIAL SITE DEVELOPMENT !r JUNE ,d 1993 TABLE-QE-CONTENTS IDENTIFICATION OF THE PARTIES DESCRIPTION OF THE PROJECT SECTION 1--BASIC SERVICES 1.1 Description of Basic Services SECTION 2--ADDITIONAL SERVICES 2.1 General 2.2 Subcontract Services Provide by Others 2.3 Other Additional Services SECTION 3--OWNER'S RESPONSIBILITIES 3.1 Owner's Representative 3.2 Provide Existing Data 3.3 Provide Standards 3.4 Provide Professional Services by Others 3.5 Provide Land Surveys 3.6 Provide Access 3.7 Examine Documents 3.6 Provide Environmental Studies 3.9 Provide Accounting and Other Services 3.10 Provide Advertising 3.11 Provide Prompt Notice 3.12 Approvals and Decisions SECTION 4-.PERIODS OF SERVICE 4.1 General 4.2 Completion of Services 4.3 Bidding Phase - Not Used 4.4 Construction Phase • Not Used 4.5 Changes 4.6 Prompt Authorizations to Proceed - Not Used 4.7 Delay SECTION 5--PAYMENTS TO ENGINEER 6.1 Payment Terms Defined 5.2 Basis and Amount of Compensation for Basic Services 6.3 Basis and Amount of Compensation for Additional Services 5.4 Intervals of Payments Und9r Lump Sum Basis of Payment 5.5 Other Provislons Conceming Payments SECTION 6--CONSTRUCTION COST AND OPINIONS OF COST - Not Used SECTION 7--GENERAL CONSIDERATIONS 7.1 Standard of Care 7.2 Termination 7.3 Reuse of Documents 7.4 Engineef's LdablGty 7.5 Insurance 7.8 Controlling Law 7.7 Successors and Assigns 7.8 Equal Employment and Nondiscrimination 7.9 Indemnity Agreement 7.10 Construction Procedures r~ 7.11 Authority to Execute This Agreement 7.12 Changes and Modifications 7.13 Severability and Waiver 7.14 Extent of Agreement APPENDICES EXHIBIT A: SCOPE OF SERVICES EXHIBIT B: OWNER'S AUTHORITY TO EXECUTE THIS AGREEMENT EXHIBIT C: ENGINEER'S AUTHORITY TO EXECUTE THIS AGREEMENT AGREEMENT BETWEEN CITY OF DENTON, TEXAS AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES THIS AGREEMENT Is made as of this 8th day of June, 1993, between City of Denton. Texas, with principal offices at 215 East McKinney Street, Denton, Texas, 75201, hereinafter referred to as "OWNER", and HDR Engineering, Inc., with offices at 12700 Hillcrest Ste 125, Dallas, Texas, 75230, hereinafter referred to as "ENGINEER," for engineering and professional services related to an integrated munlelpal solid waste management system, hereinafter called the 'PROJECT. OWNER and ENGINEER, In consideration of the mutual covenants contained herein, agree as follows: SECTION 1 • BASIC SERVICES 1.1 Description of Basic Servlcas 1.1.1 ENGINEER's basio services and responsibilities are described as follows and are further defined In the A pendix, Exhibit A, Scope of Services,' which Is made hart of this Agreement as if ful~+ set forth herein. 1.1.2 ENGINEER shall provide professional services to OWNER as hereinafter provided. These services will include provlding professional engineering consultation and advice and f0mishing civil, structural, mechanical, electrical, and solid waste engineering services and related architectural and engineering services incidental thereto. SECTION 2 • ADDITIONAL SERVICES i 2.1 General no following Additional Services are not Included in the Basic Services. They shall be F rovided if authorized or confirmed In writing by the OWNER, and shall be paid for by ha OWNER as provided In this Agreement, In addition to compensation for Basic Services. 2.2 Subcontract Services Provided by Others ENGINEER shall coordinate the services of outside professionals who are under dlrect contract to the OWNER as Basic Services. However, if requested and authorized as Additional Services by the OWNER in writing, ENGINEER will provide for outside professional services on a subcontract basis and ENGINEER shall be compensated as mutually a reed upon between the OWNER and ENGINEER as set forth In this Agreemen? Examples of such services Include but are not limited to, land surveys, aefia4 photography, topographlo mapping, coil drilling and sampling, geoteohnioal taboralory servlces, anaytical latoratory services, archaeological services and others. DaMon • 1 June e, 1993 I I W_ -"Wqw 2.3 Other Additional Services When requested and authorized by the OWNER, ENGINEER shall perform the following additional services and si paid by the OWNER as provided in this Agreement, In addition ;o compensation for t3asic Services; 2.3.1 Performing Services resulting from significant changes in the general scope, extent or character of the PROJECT or its desiggn including, but not limited to, changes In size, complexity, OWNER's schedule, characler of construction or method of financing, reviews of redesigns, revising previously accepted studies, reports, design documents or Contract Cioo~jmenls when such revisions are required by changes in _ laws, rules, regulations, eggulatory Interpretation, ordinances, co Joe or orders enacted subsequent to the preppa-ation of such studies, reports or documents or are due to any other causes beyond ENGINEER's control. This includes those servloes resulting from the incorporatlon Into ENGINEER's services of the Information required by Paragraph 3.2 which is fumished to Engineer after the stated time schedule. 2.3.2 Conducting bid administration services for contracted construction activities. Preparing documents of alternate, separate, or sequential bids or providing extra services in connection with bldding, negotiation or construction. Providing bid administration services or extra services in connection with bidding, nepotiatlon, or construction prior to the completion of the Permit Application and [.and fill Design, when requested by the OWNER. 2.3.3 Providing any type of property surveys or related engineering services needed for the transfer of Interests In real property and field surveys for design purposes and engineering surveys and slaking; and providing other special field surveys, except as described In Exhibit A. v 2.3.4 Preparing applications and supporting documents for private or governmental grants, loans or advances In connection with the PROJECT, gqpreparing or reviewing env ements owln on the designl equi ements of the PROJECT of any uch stall alndldocurnents ct prepared by others and assisting In obtaining thn approval of authorities having Jurls- diction over the PROJECT, 2.3.5 Performing services to make measured drawings of, or to investigate existing conditions or facilities, or to verify the accuracy of drawings or other Information furnished by OWNER. I 2.3.6 Pr0ding project scheduling services. 2.3.7 Prepar1i documents for alternative proposals requested by OWNER for Contractor's'Nork which Is not executed or documents for out of-sequence work. j 2.3.8 Assisting the Owner with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services. 2.3.9 Prep~aring to serve or serving as a consultant or witness for OWNER in any hearin litigation, arbitration or other legal or administrative proceeding involving the PROJECT except as provided as Basic Services. i 2.3.10 Performing services in connection with work directive changes and change e,eors to reflect changes requested by OWNER. Denton • 2 June a, 1993 y 2.3.11 Not Used 2.3.12 Performing services during construction except as provided In Basle Services. 2.3.13 Performing additional Services in connection with the PROJECT, including services which are to be furnished by OWNER In accordance with Section 3, and services not otherwise provided for In this Agreement. SECTION 3 • OWNER'S RESPONSIBILITIES So as not to delay the services of ENGINEER, OWNER shall do the following in a timely manner: 3.1 Owner's Representative Designate In writing a person to act as OWNER's representative with respect to services to be rendered under this Agreement. Such person shall have complete authority to transmit Instructions, receive Information, Interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the PROJECT. 3.2 Provide Exlsting Data Provide to ENGINEER existing data, plans, reports and other information known to, In possession of, or under control of OWNER which are relevant to the execution of ENGINEER's duties on the PROJECT. Also, provide all criteria and full Information as to OWNER's requirements for the PROJECT, including design criteria, objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations and fumish copies if all design and construction standards which OWNER will require to be Included In the Construction Plan and Specifications. 3.3 Provide Standards Provide within thirty (30g days after authorization to proceed with preparation of I Construction Plan and pecifications, specific OWNER furnished Standard Details, Standard Specifications, or Standard Bidding Documents which are to bo incorporated Into the PROJECT. The OWNER agrees to bear total responsibility for technical cocuracy and content of OWNER•fumished documents. 3.4 Provide Professional Services by Others Fumish the services of a driller, geolechnlcal laboratory, aerial photographer, analytical laboratory, land surveyor, toppoogqra her, or other consultants when such services are deemed necessary by ENGINEER Such services shall Include without limitation, borings, probings and subsurface explorations, hydrographic surveys, laboratory tests and inspections of samples, materials and equipment, with reports and appropriate professional recommendations. 3.5 Provide Land Surveys Provide land surveys to include property, boundary, easement, right-of-way, topographic and utility surveys, property descdptlons, zoning, deed or other land use restrictions. Denton • 3 Juno 8, 1993 3.6 Provide Access Arrange for access to, and make all provisions for, ENGINEER or ENGINEER's Suboonsultants to enter upon public and private property as required for ENGINEER and ENGINEER's Subconsultants to perform services under this Agreement. 3.7 Examine Documents Examine all studies, reports, sketches, Drawings, Specifications, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants as OWNER deems appropriate for such examination and render In writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER. 3.8 Provide Environmental Studies Provide, it necessary, Environmental Assessments, or Environmental Impact Statements i related to the PROJECT. Furnish approvals and permits from all governmental authorities having jurisdiction over the PROJECT and approvals and consents from others as may be necessary for completion of the PROJECT. 3.9 Provide Accounting and Other Services E Provide accounting, Independeni cost estimating and Insurance counseling services as may be required for the PROJECT, legal services as OWNER may require or ENGINEER may reasonably request with regard to legal Issues pertaining to the PROJECT includ;ng any that may be raised by Contractor, auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the monles paid under the construction contract, and Inspection services as OWNER may require to ascertain that Contractor Is cornplyIng with any laws, rules, regulations, ordinances, codes or orders applicable to his furnishing and performing the Work. 3.10 Provide Advertising Advertise for proposals from bidders if applicable, open the proposals at an appointed time and place, and pay for all costs Incidental thereto. 3.11 Provide Prompt Notice Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any condition that affects the scope or timing of ENGINEER's services. 3.12 Approvals and Decisions At no cost to ENGINEER, provide the above data and services and shall render approvals and decisions as is necessary for the orderly progress of ENGINEER's services. ENGINEER shall be entitled to reN upon tho accuracy and completeness of all information and services provided by OWNER or at OWNER's direction. Donlon • 4 Juno 6, 1093 { SECTION 4 • PERIODS OF SERVICE 4,1 General The rates of compensation for ENGINEER's cervices provided for In this Agreement have been areved at In anticipation of the orderly and continuous ppr Tess of the PROJECT through completion of the Services contained herein, ENI INEER's obligation to render services hereunder will extend for a period which may reasonably be required for the performance of ENGINEER's services and any required extensions thereto. 4.2 Completion of Services ENGINEER's services under each Phase shall be considered complete at the earlier of: 11 the date when the submisslons for that phase have been accepted by OWNER; or 2; sixty days after the date when such submiss!ons are delivered to OWNER for final acceptance and if no actions are taken by Owner to Indicate disapproval. In each case, such additional time as may be considered reasonable for obtalning approval of gpovernmental authorities having jurisdiction to approve the design of the PROJECT shall be added to that particular Phase. 4,3 Not Used 4.4 Not Used 4.5 Changes If OWNER requests slgnificant modifications or changes In the ggeneral scope, extent or character of the PROJECT, the time of performance of ENGINEER's services and the various rates of compensation shall be adjusted equitably. 4,6 Not Used 4.7 Delay If ENGINEER's design services or service during construction of the PROJECT are delayed or suspended In whole or In part by OWNER for more then n!nety days for reasons beyond ENGINEER's control, ENGINEER bhall on written demand to OWNER (but without termination of this Agreement) be paid as provided In paragraph 5.5.2. It such defy or suspension extends for more than one year for reasons beyond ENGINE EyR's control, or If ENGINEER for any reason Is requIrod to render services for more than one year after Satisfactory Startup and Demonstration Is achieved under that contract, the various rates of compensation, Including Additional Services, provided for elsewhere In this Agreement shalt be subject to equitable adjustment. SECTION 5 • PAYMENTS TO ENGINEER 5.1 Payment Terms Defined 5.1.1 Direct Labor Cost Direct Labor Coat shall mean salary and wages at the time services are performed of all personnel engaged directly on the PROJECT, including, but not limited to, engineers, architects, scieniisls, surveyors, designers, draftsmen, specification writers, estimators, Denton • 5 June 8, 1993 i steno, clerical, accounting, and other technical and business personnel but does not Include Indirect payroll related costs or fringe benefits. 5.1.2 Payroll Cost Payroll Cost shall mean the salary and wages at the time services are performed of all porsonnel engaged directly on the PROJECT, Including, but not limited to, engineers, architects, scientists, surveyors, designers, draftsmen, specification wrilers, estimators, steno, clerical, accot nting and other technical and business personnel; plus the cost of customary and statutory benefits including, but not limited to, soclal security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation, ho!iday pay and other group employee benefits. For the purposes of this Agreement, the Payroll Cost is egcal to Direct Labor Costs, multiplied by a factor of 1.35. 5.1.3 Per Diem Per Diem shall mean an hourly rate equal to Direct Labor Cost times an Overhead Multiplier of one and seven tenths (1.7) plus Payroll Cost to be paid to ENGINEER as total compensation for each hour an employee of ENGINEER works on the PROJECT. Reimbursable Expenses will be pald In add+tlon to ENGINEER'S Per Diem 4 compensation. 5.1.4 Overhead Multiplier Overhead Multiplier shall mean a factor by which the Direct Labor Cost is multiplied to compensate for general and administrative overhead. When the basis of compensation Is Per Diem, the Overhead Multiplier includes profit. 5.1.5 Reimbursable Expenses Reimbursable Ex enses shad mean the actual expenses Incurred directly or Indirectly In connection with the PROJECT, Including, but not limited to Subconsu,tant or Subcontractor costs times a multiplier of one and one tenth (1.1), transportation and subsistence incidental thereto, toll telephone calls, express mail and telegrams, courier services, reproduction of reports, drawings, specifications, bidding documents, and similar PROJECT-related items In additlon to those required under Section 1, and, if authorized in advance byy the OWNER, overtime work requiring higher than regular rates. In addition, Reimbursable Expenses will also include expenses Incurred for computer time and other highly specialized r,!utpment, Including an appfop6ate charge for previously established programs and expenses of photographic production techniques. 5.1.6 Lump Sum Lump Sum shall mean a fixed amount agreed upon In advance, subject to modifications and amendments, for services rendered. 5.2 Basis and Amount of Compensation for Basic Services 5.2.1 Phase One. These services will be performed as Additional Services. Scope of Services and Compensation to be mutually agroed upon at a later date by amendment to this agreement. Denton • 6 June 8, 1993 i 5.2.2 Phases Two, Three, Four, Five, and Six. Compensation shall be on a Per Diem basis. For budgetary purposes, the total fee for these services is estimated to be as shown below. Phase Two - One hundred, ten thousand, seven hundred fifty-five dollars ($110,755). Phase Three - Four hundred, seventy-three thousand, two hundred seventy dollars 5473,270). hase Four - To be determined, Phase Five - To be determined. Phase Six - To be determined. Total compensation for Per Diem phases shall be determined based on the following formula: ,J {Direct Labor Cost x 1.70) + (Payroll Cost) + (Reimbursable Expense, not Including Subconsultant or Subcontract Costs) + (Subconsultant or Subcontract Costs x 1,1) 5,3 Basis and Amount of Compensation for Additional Services Compensation for Additional Services shall be on the basis of Per Diem or Lump Sum to be agreed upon at time of request for Additional Services. An estimate of tl,e fee for Additional Services will be made at the time the Additional Services are requested. 5.4 Intervals of Payments Under Lump Sum Basis of Payment 6.4.1 Payments to ENGINEER for Basic and Additional Services rendered and Reimbursable Expenses Incurred shall be made once every month by OWNER. ENGINEER's Involcas will be submitted once every month and will be based upon total services completed at the time of invoices. OWNER shall promptly pay ENGINEER's Invoices. 6.4.2 Not Used 5.4.3 Payments for Additional Services rendered and Reimbursable Expenses Incurred shall be made once every month. ENGINEER's invoices will be submitted once every I month and will be based upon total services completed at the time of billing, OWNER I shall make promptly pay ENGINEER's invoices, 5.5 Other Provisions Concerning Payments 5.6.1 If OWNER fails to make anyy payyment due ENGINEER for services and expenses within 45 days after receipt of ENGINEER's statement the amounts due ENGINEER will be Increased At the rate of 1 % per month from date of Involce, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges. 5.5.2 If the PROJECT is suspended or abandoned in whole or In part for more than 30 days, ENGINEER shall be compensated for ail services performed prior to reoelpt of written notice from the OWNER of such suspension or abandonment, together with Reimbursable Expenses then due. If the PROJECT Is resumed after being suspended for more than 30 days, ENGINEER's compensation shall be equltabty adjusted. Denton - 7 Juno 8, 1993 5.5.3 Services performed by ENGINEER at request of OWNER during periods when lho PROJECT is suspended shall be considered Additional Services. 5.5.4 The OWNER's approval, acceptance, use of or payment for all of any part of the ENGINEER's services hereunder or of the PROJECT itself shal, in no way alter the ENGINEER's obligation or the OWNER's rights hereunder. 5.5.5 OWNER may temporari~y delete any disputed items contained In Engineer's invoice, including items disputed due to lack of supporting documentation, and pay the remalning amount of the Invoice. OWNER shall promptly notify ENGINEER of the dispute and request clarification and/or remedial action. After any dispute has been settled, ENGINEER shall Include the disputed item on a subsequent regularly scheduled invoice or on a special Invoice for the disputed item only. 5.5.6 In the event of termination of this Agreement by either OWNER or ENGINEER, as provided In Paragraph 7.2, ENGINEER shall be entitled to payment for Services up to the time of termination, plus termination expenses. Termination expenses shall include labor, reimbursable expenses directly allributed to termination, and direct expenses { associated with rnobpization and demobilization of ENGINEER's personnel and facilities and any other costs Incurred by Engineer not otherwise reimbursed. 5.5.7 The amount of any sales tax, excise tax, value added tax (VAT), or ggross receipts tax that may be Imposed on this Agreement shall be added to the ENGINAR's compensation as reimbursable expenses. 5.5.9 ENGINEER will keep, and will cause each subcontract deslgn professional and consultant engaged under this contract to ke6p, accurate books of record and account, in accordance with sound accounting princlples, of all expenditures made and all costs, liabilities and obligations Incurred under this contract In relation to the engagement and payrnent of all subcontract design professicnals and consultants, and In relation t any services performed for which additional compensation will be claimed. Those mentioned accounts shall be available, upon reasonable and authorized request, to the comptroller of the OWNER or their representatives for examination and audit, I 5.5.9 Records of ENGINEER's Payroll Costs and Reimbursable Expenses portinanl to ENGINEER's compensation for Additional Servicet, under this Agreement will be kept in accordance with generally accepted accounting principples. U n request, copies will be made available to OWNER prior to final payment for ENGINEER's services. 5.5.10 Whenever a factor Is applied to Direct Labor Costs for dotermining compensation payable to ENGINEER, that factor will be adjusted periodically and equitably to reflect changes in the various elements that comprise such factor. All such adjustments will be In accordance with gonerally accepted accountln principles as applied on a consistent basis by ENGINEEA and consistent with ENGINIER's overall compensation practices and procedure). I SECTION 6 • Not Used I Denton • a June 1999 1 I Is- i i SECTION 7 • GENERAL CONSIDERATIONS , 7.1 Standard of Care ENGINEER shall perform all services under this Agreement in a manner which is 1 consistent with generally accepted standards of professional engineering J practice. ' 7.2 Termination 7.2.1 This Agreement may be terminated in writing byy either party In the event of substantial failure by the other party to fulfill its oblige tions under this Agreement through n o fault of the terminating party. However, no termination for default may be Initiated unless failu a afe riwrittena otiice (dell ery by cert ed mail, ret wren re receipt corct any aoffntodent to terminate. 7.2.2 This Agreement may be ;nrminated In writing (delivereJ by codified mail, return receipt requested) by OWNER for its convenlence. 7.2.3 Upon any termination, ENGINEER shall: (1) promptly discontinue all Services l affected (unless a termination notice from OWN directs otherwise); and (2) upon full payment for services, deliver or otherwise make available to OWNER all documents, data, drawings, specifications, reports, estimates, summaries, and such other Information and materials as may have been accumulated by ENGINEER In performing this Agreement, whether eomp;sted or in process. All payments due ENGINEER at to„nination shall be made as provided In paragraph 5.5.6, 7.3 Reuse of Documents I 7.3.1 All documents, including Drawings and Specifications prepared or furnished by ENGINEER pursuant to this Agreement, are Instruments of service with respect to the PROJECT and ENGINEER shall retain an ownership and property interest therein whether or not the PROJECT is completed. OWNER may make and retaln copies for Information and reference In connection with the use and occupancy of the PROJECT by OWNER and others; however, such documents are not Intended or represented to be J suitable for reuse by OWNER or others on extensions of the PROJECT or on any other PROJECT. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at OWNER's sole risk ?nd without flability or legal ex sure to ENGINEER, and OWNER shall defend, Indemnity and hold harmless E GINEER from all claims, damages, losses and expenses Including attorneys' fees arising out of or resulting Therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER. 7.4 Engineer's Liability ENGINEER shall, without additional compensation, correct or revise any errors or deficiencies in the final designs, drawings, specifications and other services ENGINEER performs hereunder. ENGINEER shall be responsible for actual costs of any corrective construction and repair work necessary as the result of negligent acts or omissions of ENGINEER. Notwithstanding, neither OWNER or ENGINEER shall be liable for any claim for consequential damages, loss of use er loss of profits incurred regardless of whether such claim Is based tlpon alleged breach of contract, willful misconduct or negligent act or omission, whether professional or non-professional, of OWNER or Donton • 9 Juno 8, 1993 I 1 ENGINEER or their employees, agents, or subcontractors. ENGINEER'S liability to OWNER shall be In a reasonable amount, not to exceed the total compensation paid to ENGINEER absent willful misconduct. In the event of willful misconduct, such liability shall not exceed two times ENGINEER'S total compensation. 7.5 Insurance 7.5.1 ENGINEER shall procure and maintain insurance for protection from claims under workers' compensation acts, employer's liability claims, claims for damages because of bodily Injury, including personal Injury, sickness or disease or death of any and all employees, or of any person other than such employees, and from claims or damages because of injury to or destruction of property, Including loss of use resulting therefrom. During the performance of the Services under this agreement, ENGINEER shall maintain tha following Insurance: A. Comprehensive General Liability Insurance with bodilIyy Injury limits of not less than $500,000 for each occurrence and not less than $500,000 In the aggregate, and with property damage limits of not less than $100,G00 for each occurrence and not less than 5100,0001n the aggregate. 8. Automobite Liability Insurance wilh'bodiy Injury limits of not less than $500,000 for each perL%on and not less than $500,000 for each accident and with property damage limits for not less than $100,000 for each accident. 0. Worker's Compensation Insurance In accordance with statutory requirements and Employer's Liability Insurance with limits of not less than $100,000 for each acc{dent. D. Professional Liability Insurance with limits of not less than $1,000,000 annual aggregate. E. Umbrella Insurance providing not less than $1,000,000 limits In excess of the limits slated in items A through D. Such policy shall name the OWNER as an additional Insured, except for Worker's Compensation and Professional Liability (subparagraph C and D above). 7.5.2 ENGINEER shall maintain professional liability Insurance for protection against claims arising out of performance of services under Vila Agreement caused by negligent acts, errors, or omissions for which ENGINEER Is legally liable. 7.6 Controlling Law This Agreement Is to be governed by and construed In accordance with the laws of the Stale of Texas. 7.7 Successors and Assigns 7.7.1 The parties hereby bind their respective partners, successors, executors, administrators, legal representatives and, to the extent pennitted by paragraph 7,7.2., their assigns, to IFno terms, conditions and covenants of this Agreement. 7.7.2 Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest In this Agreement (including, but without limitation, monles that may become Denton - 10 June 8, 1993 , due or monies that are duo) without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. i 7.7.3 Unless specifically stated to the contrary in any written consent to an assignment, I, no assi nment will relase or under this Agreement. Nothing co to contained In thisgpa ag aph any shall proventsppENGINEER from employing such independent professional associates, subcontractors and 1 consultants as ENGINEER may deem appropriate to assist in the performance of Services. 7.7.4 Except as may be expressly slated otherwise in this Agreement, nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party. 7.8 Equal Employment and Nondiscrimination I In connection with the Services under this Agreement, ENGINEER agrees to comply with the applicable provisions of Mate and federal Equal Opportunity statutes and regulations. i 7.9 Indemnity Agreement 7.9.1 Hazardous Waste Provision BarrlnQ any Intentional wrongful acts or negligence, in no event shall Consultant be considered the OWNER or operator of any property or facility on which it performs services under this Agreement for CERCLA or similar Stale environmental laws. 7.9.2 HDR hereby agrees to protect, indemnify, defend and hold harmless the OWNER, its officers, agents, servants and employees (hereinafter individually and collectively referred to In this Section 7.9.2 as "Indemnitees"), from and against damages, suits, t actions, claims, IOSSe3, judgments, liability or damage of any Character, and from and against costs and eynomses, including attorney fees, srising out of Injury to or disease, sickness, accident, or death of any person, or actual or threatened damage to property Including the loss of use resulting therefrom, caused by or artslnpp born any will ft misconduct or any negligent act, error, or omission of HDR, its oTgcers employees, servants, agents or subcontractors, or anyone else under HDR's direction and control, or any breach or threatened breach of this Agreement by HDR, Its officers, employees, servants, agents or subcontractors, or any else under HDR's direction and control. In the event one or more of the Indemnitees Is determined by a court of law to be jointly or derivatively negligent or liable for such damage or injury, HDR shalt be obligated to indamnl the Indomnitees as provided herein on a proportionate basis In accordance with the final judgment, after all apgoals are exhausted, determining such joint or derivative negligence or liability (during the pendency of any appeal, HDR shall pay the Indemnitee's attorneys fees and expensas related to the a-Dpeal on a proportional basis In accordance with the judgment from which the appeal Is taken, subject to adjustment after all appeals have been exhausted). HDR is not responsible for the fictions of the OWNER's contractor to perform the construction of tho Improvements coveted under this Agreement. Conlon • 11 June 8, 1993 Acceptance and approval of the final plans by the OWNER shall not constitute nor be deemed a release of this resoonsibitity or of liability of HDR, its employees, associates, agents and consultants for the accuracy or competency of their designs, working drawings and specificallons, or other documents and work; nor shall such approval be deemnsed working drawings tand specifications, or l~ot ey doocu eCity lor any nts pr prepared defect HDR, its employees, contactor, agents and consultants. 7.9.3 HDR agrees that it Is an Independent contractor and not an agent of the OWNER, and that HDR is subject, as an employer, to all applicable unemployment compensation statutes, so as to relieve the OWNER of any responsibility or liability from treating HDR's employees as employees of the OWNER for the reports or payments of unemployment compensapurpose n as for contributions.s HDR ii other agrees to indemnify and hold the Indemnitees harmless and reimburse them for any expenses or liability incurred under sald statutes in connection with employees of HDR. 7.9.4 HDR shall protect, Indemnity, defend and hold harmless the Indemnitees, and hold the Indemnitees' premises harmless, from and against any and all claims, suits or liens, and from and against costs and expenses, including attomeys fees, based upon or alleged to be based upon the non-payment of labor, tools materials, eqp I supplies, transportation and management costs incurred by HDR In peHoirming nt, Agreement. this 7.10 Construction Procedures ENGINEER shall not specify construction or service•relatod procedures and shall not manage, supervise, control or have charge of construction, not shall ENGINEER Implement or be responsible for health or safety procedures. ENGINEER shall not be responsible for the acts or omissions of contractors or other parties on the PROJECT ' and shall not be responsible for construction means, methods, techniques, sequences, or procedures, nor safety precautions or programs. ENGINEER's monitoring or review of portions of the Work performed under construction contracts shall not relieve the Contactor from its responsibility for performing the Work in accordance with applicable contract documents. 7.11 Authority to Execute This Agreement ENG authorizIn9 the a elcutlon of this Agreement. A tachmentsrshall be ExhibitgB forOWNER and Exhibit C for ENGINEER. 7.12 Changes and Modifications The parties agree that no change or modification to this Agreement, or any attachments hereto, shall have any force or effect unless the change is reduced to writing, datod, and made a part of 1hI3 Agreement. The execution of the change shall be authorized and signed In the same manner as this Agreement. 7.13 Severability and Waiver In the event any provision of this Agreornent Is held to be invalid or unenforceable, the remaining provisions shall continue to be valid and binding upon the parties. One or more waivers by either party of any provision, term, condition or covenant shall not be construed as a waiver of a subsequent breach of the same by the other party. Denton • 12 June a, 109 3 7,14 Extent of Agreement This Agreement, Including all Exhibits, and any and all amendments, modifications, and supplements duly executed by the parties in accordance with this Agreement, govern and supersede any and all Inconsistent or contradictory terms, prior oral or written representations or understandings, conditions or provisions set forth In any purchase orders, requisition, request for proposal, authorization of services, notice to proceed or other form or document issued by OWNER with respect to the PROJECT or ENGINEER'S services. IN WITNESS WHEREOF, the parties have executed this lgreement as of the day and year first written above. 'OWNER' By: Name: Title: Address: Witnessed: HDR ENGINEERING, INC. 'ENGINEER' By: ~/'c` r0 Name: William R. Hindman, P.;: Title: Senlor Vice President Address: 12700 Hillcrest, Ste 125 Dallas, Texas 75230 I EXHIBIT A SCOPE OF SERVICES , ENGINEERING A ND PROFESSIONAL SERVICES RELATED TO AN INTEGRATED MUNICIPAL SOLID WASTE MANAGEMENT SYSTEM CITY OF DENTON, TEXAS June 8, 1993 The following scope of Services Is a proposed approach for eslablishing an integrated municipal solid waste management program for the City of Denton, Texas. It includes i completion of the Preliminary Master Plan for Municipal Solid Waste completed by HDR in ril address the mpple e9 tat on of a Inew landfllton prroperty ald~oiningthe current City of lndfilll site. landfill, and aspects of the work effort are outlined as three separate phases for clarity and organizes on{ The scheduling for the three phases may overlap somewhat. Opportunities for review and adjustment of the Scope of Services will throughout the course of this be provided periodically program , which is expected to encompass a tim Ily eframe appropriate several years. The Protect will be Initiated with a protect kickoff meeting at HDR with meeting , City Staff and outside professionals to discuss project objectives, procedures coordination and concerns. Ongoing project management attending six monthly status meetings at HDR's office functions will include s and six monthly status meetings in Denton. Additional monthly status meetings will be provided as additional services. Internal project team meetings will be conducted on a weekly basks with appropriate HDR staff. Project management will include maintaining _ activities of the project team including outsierprofessionals nandl City n staff orThe Project Manager will monitor and control project scope, budget, and schedule; prepare appropriate project accounting and monthly Invoices; monitor and project staffing requirements; and Identify tasks appropriate for City staff to accomplish. HDR will make up to three formal presentations to City Council or other City staff and officials to communicate project status. The Project Manager will maintain frequent day-to-day contact with the Engineering Administrator or his designated representative. The cost for project management and administration represents a one-year period and Is Incorporated in the costs of Phase Two and Phase Three. Additional cost for project management will be authorize one year, d at (tie end of ~ b~nlon A•1 Jung I, 1DG7 i I I The two rnajor phases of the work described above are considered the primary work efforts. However, as an outgrowth of the planning process, assistance with other hlegrated system may be indicated. Examples of such phases of an other services are mentioned as possible subsequent phases. These subsequent phases will be defined In more detail at a later time if appropriate. The City may or may not authorize each of these subsequent phases at their discretion. HOR w authorization. ill not proceed with any Phase without written It Is recognized that the Scope of Services is developed as outlined herein based on a presumed understanding of Texas Water Commission (TWC) Regulations which are currently in proposed form. These regulations may be modi modified prior to final publication and implementation. Furthermore, the regulation of municipal solid waste is a new responsbility of the current regulatory agency, the TWC. The regulator; program is in a state of transition as it is being established under the jurisdiction of a new regulatory body, regulations have rot yet been addressed in Texas. Regulalory interpretation has fully formulated. The proposed j yet 1 to be Project uncertainty is also high due to a lack of hydrogeologic data on the proposedJandfill propoerty. A though he investigation was conducted by others one portion of the proposed property geclechnical and preliminary i Investigation was solely to evaluate the general feasibility of one tract fory y fu in urre 19139 this , animal development based on regulatory requirements at that time. A more comprehensive ' Investigation of the entire property under df11 design concepts. consideration is essential prior tt~ developing basic The following Scope of Services and associated manhour and fee estimates are preliminary in nature, They are based on a general understanding of proposed regulations, developing regulatory interpretation and policies, and recent experience in the design and permitting of other landfills in Texas. The items in the scope of Services will be reviewed and revised throughout the course of the project. Furthermore, the level of services necessary to fulfill the requirements of each task will be established with the concurrence of City Staff as the project proceeds. Therefore, it will be necessary to review and revise the estimated manhours and cost periodically, Monthly status reports will be used to calf attention to changing project requirements as appropriate. Manhours and fees are presented in three calegories. Those tasks which are currantly believed to be addressed adequately in previous work or are not applicable are Indicated as 'Not Included In this Scope of Work." Those tasks which can be reasonably well defined at this time have "Estimated Manhours and Fees" Indicated, Those tasks which cannot be adequately defined prior to further site Investigation or definitive regulatory interpretation, or both, reflect "Preliminary Manhour and Fee Estimates." Donlon A.2 June a, loon PHASE ONE • COMPLETION OF THE PREUMINARY MASTER PLAN FOR MUNICIPAL SOLID WASTE This se to be as A ional Service Basis to be mutualy agreed upondatta later date s with the Scope of Services and Fee PHASE TWO . ADDRESSING THE CURRENT LANDFILL RELATIVE TO SUBTITLE D AND STATE REQUIREMENTS It will be necessary to address the current landfill in order to cumPI Y with regulatory I requirem3nts pursuant to Subtitle D of RCRA and new Texas Water Commission (TWC regulations, The submittals addressed in Tasks 2.1 through 2.16 must be submitted Into the landfill operating record prior to October 9, 1993 if the landfill Is to stay In operation after that ' date. It Is assumed that it will not be necessary to reissue submittals which are already provided in the current permit documentation for the site. Those items which are already addressed and are, therefore, excluded from this Scope of Services are Indicated as "Not Included in this Scope of Work." Those items which are addressed in the permit j documentation, but which may need to be updated or provided In more detail current under "Preliminary Manhour and Fee Estimates." Such items will be reviewed and guidance will be obtained from the are indicated determined that additional workrwg$bernrequer3d ord der to fuf dreegufatoa re ~s' If it is regea these submittals, the Scope of Services will be revised at that time to reflect any necessary modifications to the original scope, Those items which clearly are not provided in previous permit documentation are Indicated under "Estimated Manhours and Fees," 1 O.mon A•9 Jurw I. 1003 i• Submittals to TWC regarding operation of permitted sites after October 9, 1993 maybe made separately. It is proposed that each submittal be provided to TWC immediately upon completion in order to expedite regulatory review. In additlor, it will be necessary to ensure that the current operation will yield the maximum possible disposal capacity while the proposed landfill is being designed and permitted. Phase Two Includes both of these activities. Ta .1 --Site Ooeratino Plan Not Included Pre6mina Prepare a Site Operating Plan which includes the in this Scope Manhour and M nhours and following. „r_ ft, EA E&Lm L" ~ ` Fau ■ Job descriptions for landfill personnel V ■ Landfill operation procedures a Procedures for the detection and prevention of I acceptance of hazardous wastes 64 MIN ■ Fire Protection Plan ($5 5800) ■ Groundwater Sampling and Analysis Plan, Including the following. a Definition of background water quality n Sample collection and handling procedures a Groundwater elevation measurement procedures ■ Statistical & analytical methods to be used for determining groundwater sampling f 76 MH results ($6300) a Outline the sampling frequency requirements for the Detection Monitoring program + a Lab & QA/QC Procedures J I~ Denton AI June I, 1003 Task 2.2 - Site Deyeloomenl Plan Not Included Preliminary Estimated Prepare a Site Development Plan which includes in this Scope Manhour and Manhours and the following, of Whdr Faa Felimelas ---Faas ■ Landfilling method ■ All-weather provisions ■ Access control ,r ■ Rate of waste deposition ■ Information on design features which 16 MH function to prevent discharges ($1360) Task 2.3 - Site Layout Plan Prepare a Site Layout Plan which includes the following. i ■ A constructed map showing: ■ Outline of units and fill sectors Ve • General sequence of fill ■ Location of all roadways • Location of monitor wells and buildings ■ Generalized design of all site entrance 24 MH roads ($1500) Task 2.4 - fill-Cross- Sections Prepare fill-cross sections to show the following, ■ Top of levee (not applicable) ■ Top of proposed fill ✓ ■ Top of waste • Bottom of excavation ■ Monitoring wells r ■ Water levels ■ Construction/design details of perimeter and V toe berms (not applicable) ■ Side slopes ■ Gas vents F 28 MH ■ Maximum fill elevation J ($2250) 7 ■ Top of final coy3r F 16 MH J ($1130) Denton A-5 June I, 199) Rp- Not Included Preliminary Estimated Jr' this Scope Manhour and Manhours and -^r ~ Foa F_ ~,u jask 2 5 -Contour Mao Prepare a constructed map that shows the following, • Contours existing prior to N;Ork on the site • Location and quantity of surface water drainage entering/exiting the site ✓ r • Outline the area within the 100-year ✓ floodplain ✓ 2.6- ['e0100y Re Ort Arepare a geology report that includes the following, ■ Discussion of regional physiography and ✓ topography Including land slope, water bodies and facility maximum and minimum elevations ■ Description of regional geology ■ Description of geologic processes In the ✓ area, I.S. faults, erosion, and wetiand areas ✓ • Description of regional aquifers • Subsurface investigation report (borings) ✓ ■ Description of geotechnical properties of subsurface soils ✓ • Groundwater investigation report describing MH water levels In the area and likely pollutant (5 64 Migration pathways 4600) ■ Description of groundwater monitoring ✓ system Including engineering drawings of typical monitoring well and well elevation data 06006 A-4 June 1ta03 Not Included Preliminary Estimated in this Scope Manhour and Manhours and of Zjad Fno Fi; f Faaa task 2.7 - Groundwater Protection and Drainaae Plan Prepare a Groundwater Protection and Drainage Plan that Includes the following. • Diagrams showing the locations, details, and typical cross-sections of the following • levees (not applicable) 6 dikes (not applicable) ■ drainage channels 9 culverts • holding ponds 0 leachate collection system (not applicable) Drawing showing drainage areas and provide drainage calculations ■ Oelinealion of 100-year Iloodplain (included in rask 2.16) Drainage an! run-off control analysis ■ Flood control and analysis 128 ■ Drawing showing cross-sections or elevations J MH of levees lied Into contours (not applicable) {$51 12,000) R 2 6 • Final .nntnUt LRnn Prepare a final contour map showing the final etevatlon contours of the landfill, drainage Li WOMU directions, and side slopes Task 2.8 • COa_I Fstimnlna fOr CIO' ira nnl.Em M Prepare detailed cost estimates for the following. • The cost of hiring a third party to close the landfill at any time during the life of the landfill • The cost of hiring a third party to conduct f 62 MH post-closure care, Including both annual R ($4600) and periodic costs Donlon A•r Juno 1, 1"3 Not Included Preliminary Estimated In this Scope Manhour and Manhours and of ~nr4 ~pn Fe~~ai _ c~ Tf.O • 's' I and liner Quality control Plan °n I l 8 Soil and Liner Quality Cori l Plan to address the following, ■ Construction method for soil liner ■ Installation and testing of flexible membrane liner ■ Testing frequancy and procedure ■ Definition of Soil and Liner Evaluation Report and Flexible Membrane liner ~i Evaluation Report contents Prepare ta Final C olsure P ern that Includes the following. ■ Description of final cover ■ Estimate of largest area ever requiring final cover ■ Estimate of the amount of waste on-site at final closure 84 MN ■ Written cost estimate (same as one +I ($6180) prepared for Task 2 9) TMUJ -Post- -Insure C_ere Plan Prepare a Plan for Post-Closure Care that includes the following, ■ Description of monitoring and maintenance activities i ■ Name of responsible person for post. Closure care ■ Descrlptlon of planned use for area during F 44 MH post-Gosure care I ($3300) ■ Written cost estimate (same as one prepared for Task 21) J Donlon Aa .punt I, 1007 i 1 I Not Included Preliminary Estimated in this Scope Manhour and Manhours and _nf Wnr1r Fna sLonatnc Faac Task 2,13 - Landfill Gas Manacemerd Plan Prepare a plan that addresses Landfill Gas Management by including the following. ■ Description of routine monitoring system ■ Specification of landfill pas control system F 200 MH ■ Back-up plan for use if primary control ($22,000) system fails ~I Task 2.14 - Applicant's Statement 2 MH Prepare a statement for the signature of the ($130) applicant which specifies that the applicant has read the prepared plans and agrees to operate the landfill In a manner consistent with them Task 2.15 - Certification in oundwater 10 MH Monitodna System ($890) Prepare a statement certifying that a groundwater monitoring system Is In place at the Denton landfill that compiles with the requirements of the TWC regulations Task 2.10 - Certit itign of Compliance with Location &Str ctionj Prepare statements certifying that the Denton landfill is In compliance with the following restrictions. a Airport proximity ■ Floodplains (100-year) 262 MH a Unstable Areas J ($20,080) Task 2.17 - Maximizing Remaining i! it@ 18 Review current operating methods to identify ($1476) potential modifications which might provide additional site life. Specifically, consider alternate dally cover. Calculate potential effect on remaining site life of alternate techniques if appropriate. Denton A-0 June I1003 I I Not Included Prer ninary Fsthn," A in this Scope Manhour and Maohours and M Wnr1r UP Fe} fig Faea T;k 18 . Reaulalorv meGn 54 MH Attend up to three regulatory meetings in Austin ($6540) with City staff. 118112-- Phacp Two Proiect Management and 200 MH Administration (12 months) ($!0,620) TOTALS - PHASE TWO { i 524 MH 808 MH ($49,510) ($81,245) I a~I~~ ~•,o ~~n. e, Isar PHASE THREE - DESIGN AND PERMITTING OF ANEW LANDFILL ADJOINING THE CURRENT FACILITY The following is an outline of the tasks associated with designing and obtaining a TWC Permit to Operate a Municipal Solid Waste Landfill (MSWLF) for a tract of land adjoining the current landfill site. This MSWLF will be either an expansion of the current landfill or a separate landfill located adjacent to the current landfill site Subtitle D and new TWC regulations have not been fully interpreted by the regulatory community, This Scope of Services is based on Interprelation by HDR of the final draft TWC regulations published on March 9, 1993. It is anticipated that the final regulations will not be significantly different from the draft regulations. However, when the final regulations are published, this Scope of Services will be reviewed and revised if necessary to reflect any changes. As guidance and Interpretations are made available from the TWC, the Scope will also be reviewed and revised as necessary. Estimated 3A • AnaWs Manhn~iro anti FPAC ` I Task 1.1 Prol,ULLnitiation and Data Collection , Obtain all site information Including property surveys, aerial E photography, topographic mapping, ftoodplain information, zoning and land use information, subsurface investigations, groundwater assessments, wetlands determinations, and any other pertinent information regarding the current and proposed J landfill sites available to the City. Obtain all pertinent site documentation assembled during Phase Two such as documentation of compliance with locations restrictions, and such as pertinent site Information provided in the permit documentation for the current landfill. Determine data F 72 MH collection needs ($4520) In conjunction with City Staff, identify any required technical j and professional services required to design a landfill E expansion and obtain a permit I After reviewing the information, determine the need for specific outside services to develop supplemental site data, such as drilling and testing, aerial photography, and topographic and J boundary surveys, lvMon A-1 i AVM a. 1"3 II The following is a preliminary Scope of Services based on typiral landfill design and permitting experience in Texas. Estimated Phase Three activities will be initiated immediately upon notice~~ ~e~ t ngS to proceed. i HDR shall provide or coordinate technical and professional services (excluding legal services) required to prepare a Type I municipal solid waste facility permit amendment for the existing City of Denton Sanitary Landfill or, alternatively, to prepare a permit application for a new landfill near to, but not adjoining, the current landfill. These services shall Include the following Meal with representatives of 11IVC in Austin to discuss 28 MH pertinent Issues, Including the consequences of pursuing a ($3170) permit amendment (landfill expansion) or a new permit (new landfill), Select a design concept for further development. Task 3 3 • Exictinn na~~ a .i_.. 3.3.1 Develop a preliminary conceptual landfiN design (landfill footprint) as a guide for all future work efforts. 56 MH I ($5000) 3.3,2 Collect the following documentation as available from 7 the City or other public sources. I a Data, reports, surveys, and correspondence, etc related J to the site a All air photographic coverage Including topography Regional and site vicinity geologyr'hydrogeology studies and data provided by the City • Pertinent Fedeial, State and University studies r 112 MH I ($9370) Documentation of regional cross sections, test pits, utility companies, borings, and water wells f Groundwater use and users, groundwater quality, and I groundwater recharge areas I f Denton A.12 June 1003 Precipitation, temperature, wind velocity and direction, Man1:Li e timatedjWjjf"A evapotranspiration, evaporation and humidity data i Soil map and topography i Polable water we 11 Inventory keyed to a map of wells and springs within one mile of the site documenting well it location, design, usage, water quality, and other pertinent data available I _~I' 3.3.3 Collect and compile current planning data. Population and population projections I . Waste quantities generated/accepted I Current and projected traffic counts on access routes and roadway limitations F 44 MH . land use/zoning within one mile radius I ($2910) • Threatened or endangered species' habitats . I Sites of cultural or historic significance General discussion of vegetation existing on site 3.3.4 Review subsurface and hydrologic work performed by 28 MH others, If any, to delermine the need for additional ($2720) Investigation. Assist the City in the selection of qualified sub-consultant and arrange for sub-consultant work such as drilling, testing, topography, surveying, serlal photography, archaeology, biological assessment, etc, as necessary, Task 3,4 • Field end leboraiorv !rYestioatlons 92 MH ' 3.4.1 Through site visits and a literature search, develop an ($8140) understanding of current conditions and prepare a preliminary soil boring plan and piezometer plan. Consult with the Texas Water Commission (TWC) to obtain their acceptance and approval. Donran A•13 JUN 1, 1 003 Estimated 3.4.2 Geolechnical Investiaation ~ra~ &Wthrnira a-- d-..=w boring plan presented on a copy of thermostrecentary topographic map. Boring locations and depths will be selected based on an understanding of the most practicable excavation depths, anticipated depth to any j aquaclude, and reguratory requirements, Piezometers 38 MH may be Installed in boring locations in order to assess the groundwater surface elevation and gradient across ($2780) the site. Previous boring data, if any, will be used to the extent practical to estimate the deylred depth of f penetration for any proposed boring and as an aid to j Interpreting and profiling subsurface stratigraphy, Preliminary 38 Design and Permltt►ng Manhour and FAA Pgfirnatmt 14,3 GeoterO~ Invesh io The proposed boring plan will allow the correlation of geological data revealed in 550 MN any previous boring and simultaneously provide lha ($45,000) evaluation of subsurface conditions within the site boundaries. If indicated, the subsurface Investigation will Include boring and testing as required to support use of any on-site soils for use In a lining system. All boring locations will be Identified on a current topographic map of the site and will Include the surface ' elevation determined outside this scope by a registered professional surveyor. All bore holes not converted Into plezometers will be grouted from the bottom up with a non-shrink cement-bentonite mixture. Evaluation of piezometer data will Include the preparation of a potentiometric surface map of the static water level across the site and recommandaGons for groundwater pressure relief and locating groundwater monitoring wells, A HDR hydrogeologist will evaluate the results and prepare of a hydrogeologic model of the site, Dsrlan A•1/ Junk 1, 1003 I I I Preliminary Manhour and 3.q.3 Iuce Water/Hvdroloav , tudv HDR understands that Eee.EsUm tee the purpose of the Hydrology Study is to collect 122 MH available site data, conduct field surveys, and evaluate (x8200) surface water data to provide the following: Description of surface drainage systems, flood characterislics, and existing surface water quality 0 Undarstanding of groundwater/surface water retahonships at the site • If applicable, preparation of a reliable (defensible) site plan delineating the 100-year fioodplaln limits and 100- yrar flood elevation In keeping with available Federal Emergency Management Agency Hood Insurance maps and sludiss, and showing all surface water within a one- mile radius of the site boundary Work efforts to perform Noodway st-.idles, engineering, documentation, and to obtain permit approval of fioodplain reclamation can be provided as additional services if required. The following define those services required to ' complete a typical Hydrology Study, i 3.4.31 Obtain available surface water data from the City, 44 Mh previous studies, the Corps of Engineers (COE), (woo) Federal Emergency Management Agency ) (FEMA), U.S. Geologic Survey (USGS), and Texas Water Commission (TWC), Existing hydrologic and hydraulic data will be obtained from the COE, FEMA, and USGS to provide baselini data for surface water analyses. In addition, results of currently available surface water models will be obtalned for evaluation. Surface water quality data will be collected from the TWC and USGS for any applicable stream segments. Existing survey clala will be collected and analyzed to determine completeness. Neftpi A45 S JuM 100) f Preliminary Manhour and 3.4 32 Identify additional survey requirements, as FAA ~M 8 H needed, and give to the City, (5600 00) 34.33 Analyze surface water data obtained to develop 64 MH an understanding of the surface water hydrology ($4300) Of the site, drainage characteristics, groundwaledsurface water relationships, floodway, and 100-year Hoodplain limits. 3.4.3,4 Evaluate copies of available flood profile models 40 MH to establish watershed hydraulic characteristics ($2700) and to determine specific hydraulic analysis requirements necessary for permit application development. 3.4.15 Prepare a description of drainage systems and 88 MH Roodplains along with supporting drainage area ($5900) maps and floor p!Mn delineation shown on a topographic map. Prepare documentation of surface water quality and flow characteristics based on readily avaiiable data, Provide any available supporting documentation of 100-year fioodplain elevations, or fioodplaln moodway delineation, 3.4.3,6 Identify surface water bodies on a topographic 24 MH 1 map. Revlew previous wetland determinations, if ($1600) any. If necessary, obtain a wetlands determination. 3.4.4 Qeo GhDjg1,3ecorl Preearation Prepare a 300 MH geotechnlcal report which presents a thorough ($22,000) evaluation of the basic geologic and hydrogeologic environment. Additic,nal Information presented In the report will include an estimation of the quantities of major soil strala which may be available for cover material, site-specific and regional geologic cross- sections, and supportive data and/or evidence collected during the preliminary site assessment study. The report wilt be presented In a format suitable for Inclusion In the permit application. Nnton A•16 Jun# S. 1003 { In addition to meeting appropriate TWC requirements, the geotechnical report will include recommendations on the following Determination of seismic activity • Optimal depth of excavation Dewatering techniques for excavations below the zone of saturation if appropriate Suitability of the underlying soil for meeting TWC requirements for all or a portion of the bottom liner • Procedures for re-compacting liners or other lining techniques (also included in the Soll and Liner Quality Control Plan) • Groundwater monitoring plan . • Pressure relief techniques, if necessary, to reduce hydrostatic head below the liner i Tas_ k 3,3 . Perm,_,_t ADDiIC~tion and Landfill Dasian 3000 MH Permit to Operate a Municpal Solid Waste Site The following ($270,000 describes current requirements for an application to TWC for a ) Permit to Operate a Municipal Solid Waste Site, Detailed requirements ore provided In 31 TAC 330.51 - 330.58. Many J items required in these new regulations have never been provided in Texas. The costs indicate an assumption of clear and declsive guidance from TWC and are based on early guidance provided by TWC Staff regarding antidpated policies for implementation of proposed regulations. Task 3.6 will be defined In detail after Issuance of finalized TWC regulations. HDR will prepare the following or verify and utilize exhibits developed In the Original Permit Application for Inclusion In an application to TWC for a new Permit or Permit Amendment to Operate a Municipal Solid Waste Site (Site Development Plan), Pad i . General information Per! II • Existing Conditions and Character of the SO and Surrounding Area Part 111 • Engineering, invesioNve Reports, and Schematic Design Pad IV • Site Operating Plan Part V • Constricton Plan and SpeciAcatlons Donlon A-1 7 June a, 1997 1~ I I I Preliminary Manhour and FAR Estimates Task 3.6 - Permit Aaolicatior) Resubmittal 400 MH After receiving one complete set of written comments from ($36,000) TWC on the Draft Permit Application, address comments and resubmit the application to TWC for a determination that it Is technically complete. Task 3.7 - Public Hearing Partici do 160 MH Devote one senior technical professional or principal, and the ($19,000) project manager for one week to prepare for one or more public hearings. In addition, technicians/drafters will prepare displays or other graphic materials for use in support of testimony. During the hearing(s), devote one senior professional and the project manager for one week. This time will be devoted to either actual expert testimony or attendance at the hearing. I k Additional resources are available to prepare for a hearing and provide testimony if necessary. The full resources of HOR's national solid waste staff are available for specialized testimony if warranted. Because It is impossible to predict the level or sophistication of opposition at a hearing this lask will be more clearly defined at a later date, Task 3,8 - PhasA_ Thre_a_ Prulect Mandwent and 340 MH Administration ($18.060) 12 months TOTALS - PHASE THREE Preliminary Manhours and Fees Estimate 4026MH (5434,660) Estimated Manhours and Fees 466 MH ($38,610) Denton A•18 June 9, 1003 PHASE FOUR - ON SITE CONSTRUCTION OBSERVATION AND LINER IN SPEC TIONITESTING DURING CONSTRUCTIONIINSTALLATION Provide periodic on-site observation and liner inspection/testing during liner con structionfinslaIlation in compliance with TWC third party review requirements. This task will be more fully defined and compensation determined after completion of applicable design activities and final determination of regulatory requirements. PHASE FIVE - OTHER PERMITS Other permits may be required for landfill development including wetlands related permits, levee permits, a National Pollution Discharge Elimination System Permit (NPDES) for direct discharges to surface water, or a permit to excavate an archaeological site. HDR personnel are qualified to prepare applications for such permits and will do so if authorized by the City as additional services. PHASE SIX - DESIGN AND PERMITTING OF ASSOCIATED SOLID WASTE FACILITIES If appropriate, prepare conceptual designs and cost estimates for solid waste facilities associated with the landfill, Including a material processing facility, intermediate processing center, composting facility, and others. Prepare final designs Including construction plans and specifications and appropriate permit documentation, This phase will be further defined at a later date. W Non k19 J uM k 1903 I i I { VIII EXHIBIT B 1 1 I I i it ~ l i {I I 1 +I { I I 1 i EXHIBIT C i 1 r II 1 1 CERTIFiCAIE The undersigned hereby certifies that she is the Assistant Secretary of HOR Engineering, Inc., a Nebraska corporation, and that, as such, has custody of the minute books of the Corporation, and that, by Consent and Agreement of the Board of Directors dated May 200 1992, the following resolution was unanimously adopted: 'RESOLVED, that effective immediately and until June 20, 1993, or until termination of said individual from the Corporation, or until recision by the Corporation's Board of Directors, whichever occurs first, the following individuals are hereby granted the nondelegable authority to execute or approve on behalf of the Corporation, contracts for engineering services and architectural services incidental to engineering services to be rendered by the Corporation, . . . , or releases of claim or lien in connection with such services, such contracts or releases so executed or approved shall be binding upon the Corporation: . . . William R. Hindman • Senior Vice President . . The undersigned further certifies that the foregoing resolution has been spread in full upon the minute books of the Corporation and is in full force and effect. DATED 1992. (CORPORATE SEAL) onnie u r Asst. Secretary