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HomeMy WebLinkAbout09-21-1993 i ooooo~qlo cc C Q oT0 ~Oboo a a 0 r ~QOO '~~,0 N `t ooOO ~0400006600~ CITY COUNCIL AGENDA PACKET September 21, 1993 I ICI i i I I I AP* No AQenOa ~te~t,-----,--- AGENDA CITY OF DENTON CITY COUNCIL ct~.~ / S September 21, 1993 Work Session of the City of Denton City Council on Tuesday, September 21, 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 consideredt NOTE: Any item listed on the Agenda for the Work session may also be considered as part of the Agenda for the Regular Session. 5:15 p.m. 1. Executive Session: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider settlement demand in Hunter v. City of Qenton. et al. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Consider purchase of land on Foster and Mayhill Roads. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 2. Receive a report and hold a discussion regarding proposed amendments to the Landscape and Tree Preservation Ordinance concerning a category of tree which would receive more protection anu give staff direction. 3. Receive an update and hold a discussion regarding the Opticom System. 4. Receive a report and hold a discussion regarding the towing ordinance. 5. Receive an update and hold a discussion regarding the Juvenile Diversion Task Force. 6. Discuss a proposed North Denton Center Neighborhood Association/North Texas Fair Association Task Force. 7. Receive a report and hold a discussion regarding a request from the Lake Cities for fire service and give staff direction. Regular Meeting of the City of De...on City Council on Tuesday, September 21, 1993 at 7:00 p.m. in the Council Cha.. 9rs of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be consideredt Woe'% U-12.51 City of Denton City Council Agenda September 21, 1993 Page 2 7100 p,m, 1. Pledge of Allegiance 2. Consider approval of the minutes of the Special Call Session of August 31, 1993. 3. Public Hearings A. Hold a public hearing and consider adoption of an ordinance rezoning 3.23 acres of land from single family- ? (SF-7) to the Commercial, conditioned, C(c), zoning district, The tract is located on the south side of East McKinney Street, approximately .27 miles east of Woodrow Lane. 2-93-020. (The Planning and Zoning Commission recommends approval, 6-0.) 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. Approval of the Consent Agenda authorizes the City Manager or his designee to implement each item in accordance with the Staff recommendations. The City Council has received background information and has had an opportunity to raise questions regarding these items prior to consideration. Listed below are bids and purchases orders to he approved for payment under the ordinance section of the agenda. Detailed back- up information is attached to the ordinances (Agenda items 5.A, S.B0 S.G, 5.D, 5.E). This listing is provided on the Consent Agenda to allow council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on the Consent Agenda, the item shall be removed and be considored before approval of the Consent Agenda. A. Bids and Purchase Ordersi 14 Bid 01547 - Fiber Optic Transceivers 2. Bid 01536 - North Lakes Ballfield Lighting 3. Bid 01537 - North Lakes Fishing Pier 4. Bid ;#1543 - Reroofing at the Denton Electric Production Plant 5. Bid #'1545 - Replace Misc. Waterline 6. Bid #1546 - Casco Industries 7. P.O. 037071 - American Management System 9. Interlocal Agreement - City of Greenville 9. Interlocal Agreement - County of Denton I POMAMo. 9~-039 Agenda ltert~, City of Denton City Council Agenda September 21, 1993 Page 3 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 #15470 4.A.6. - Bid 01546) B. consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (4.A.2. - Bid 01536, 4.A.3. - Bid 01537, 4.A.4. - Bid 01543, 4.A.5. - Bid /1545) C. Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids. (4.A.7. - P.O. 037071) D. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and the City of Greenville for the purchase of a continuous emission monitoring system. (4.A.8.) E. Consider adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and the County of Denton for the purchase of fuel. (4.A.9.) F. Consider adoption of an ordinance authorizing the City Manager to act on the City's behalf in executing a consulting services contract with C. David Ham and expending public funds therefor in an amount not to exceed $12,960. G. Consider adoption of an ordinance amending the 1992-93 annual budget of the City of Denton by appropriating the sum of forty-two thousand three hundred forty-two dollars from the unappropriated balance of the general fund and disbursing it to various account numbers; appropriating the sum of one million seven hundred thirty-seven thousand eight hundred fifty-seven dollars from the unencumbered balance of the electric fund to account 610- 080-0251-8201; appropriating the sum of five hundred thousand dollars from the working capital fund to various accounts; and providing for publication hereof. I I r~ 1 i 4pe0aNo._ _ Agenda ltem Date ~I a/-93 City of Denton City Council Agenda / f September 21, 1993 Page 4 H. consider adoption of an ordinance designation depositories for the City funds for a term beginning October 1, 1993 and ending September 30, 1995. I. Consider adoption of an ordinance approving an agreement between the City of Denton and Services Program for Aging Needs (SPAN) ; authorizing the Mayor to execute the agreement, and approving the expenditure of funds therefor. 6. Resolutions A. Consider approval of a resolution approving budget adjustments for fiscal year 1.992-93. 7. Consider appointment of a voting delegate and alternate voting delegate to the National League of Cities conference. 8. Consider appointments to the Traffic Safety Commission, the Community Development Advisory Committee, the Electrical Code Board, the Juvenile Diversion Task Force and the Board of Adjustment. 9. Staff Direction A. Proposed ordinance to remove truck traffic from a portion of U. S. Highway 380. 10. Miscellaneous matters from the City Manager. 11. Official Action on Executive Session Items3 A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 12. New Business This item provides a section for Council Members to suggest items for future agendas. Benda Ma ~ -43 ~ - _ City of Denton City Council Agenda ✓z- September 21, 1993 D Page 5 13. Executive Sessioni A. Legal Matters Under TEX. GOVOT CODE Sea. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 i C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY PERMISSIBLE. C E R T I F I C A T E I certify that the above notice of meeting was posted on the bulletin board at the City Fall of the City of Denton, Texas, on the day of 1993 at _ o'clock (a.m.) (P-m-T CITY SECRETARY NOTEI THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH D119ABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HFARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE A'i 566-3309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO014E - - - - - - - - - - - - - - - - - - - - - - - - CITY ii --=COUNCI: I x I i I II I I I w o s a , O N u %Wi 1~ I ~ i III a_ i 3 DATE: September 21, 1993 o; W CITY COUNCIL RE ORT ) ~ °~del TOt Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJF.CTs BIG, OLD, IMPORTANT TREE CATEGORY f RECOMMENDATION: See Attachment 1. Attachment 2 are other citiesO standards. SUMMARYs See Attachment. DACXQROUND: Staff has been working on your request to develop a new, more highly protected tree category for our Landscape and Tree Preservation ordinance. We have been talking to the Tree Board and interested individuals in the community. Attached are some ideas and issues as a rOFSUlt of that work to date. Councilmembers have expressed concern about doing this at all. It may, therefore, be appropriate to touch base with Council at this point to insure we are on track before we begin a more formal process with P&Z. we have talked to a few builders. As expected, particularly from single family builders, there is (shall we say) concern about more strict tree preservation. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Builders, P&Z, maybe HLC. FISCAL IMPACT, None. Respectfully submitted, j 01 Prepared by: `Llo V. Harrell, City M agar c/ 4~lj ffV F ank R. 'Robbins AICP Executive Director Planning and Development ~Wdi Na -45) 13 -7 Agenda ltert~ BIG, OLD, IMPORTANT TREE PROTECTION r~ 1. Who decides that the tree can be removed: Planning and Zoning Commission. Nowt Staff. 2. Criteriat 'Reasonable efforts have been made to avoid removal.t' Nowt same. 3. Mitigation required if removal allowed. Replacement required, a. FOMUl8: There is a standard formula for determining the value of trees. (See Attachment 1.) Replacement trees equal to the value of the tree being removed shall be provided by the remover on or off-site. c. The Planning and Zoning Commission would approve the mitigation plan with the authorization to romove. 4. Definition of the big, old, important tree. Option a: Any tree 40 inches in diameter or larger. Option b: Trees of a given diameter by species, eg. a 6 Inch red bud. 6. Enable designation of trees as historic landmarks. Removal authority to P&Z or HLC. AXX00446 10daNo._ (IJ -437 ATTACHMENT Y AQeridiltem CIJS Data P ~J L•1683 Texas Agricultural Extension Service Peo~ ~~p~9 Peo~oCe EVALUATION OF TEXAS SHADE TREES Alan D. Dreesen' Interest In the value and function of shade trees has Size 9TO%%n In recent years. These trees mylyonme al functions and e, ge to perform Several national Society of Arlborl ulture determined that lthe a monetary loss by the owner, The first formula for size of a beet trunk expresses shade tree size. The pdete esented to rmining a dollar "aloe of shade trees was AmericanggAssociation of Nurserymen,$ approach in (now International Socielyof Arboriculture) e) In 1948 treessuu'th tree adiameterr 41-Inches for followed. smaller, the Inn n then, several recisions have- made the formula diameter is determined at a height of 8 inches above more acceptable to insurance companies, courts and Irie ground, For trees u lth a diameter of S to 8 In. the Internal Revenue Service (IRS), chs, the diameter Is determined 12 inches above the When using the formula to arrive at a value on. ground, For trees with diameters larger than 8 inches, t)clpatd as a casualty loss, be aware that losses as of the diameter Is determined At height (4.5 feel). Ex. Januarryy 1, 1963 for non -business taxpayers must ex• captions to these rules occur wherelow branches cause recd ]0 ercent of the adjusted gross Income in the trunk swell, In which case an evaluator would year of the loss. Therefore one may need a substan• measure the diameter just Above the swollen area, For tial loss to qualify. For more Information on casual. utultl-trunkd Iree4, full diameter of the largest trunk ty losses, see foci sheet L•1516, Damage Recovery plus half the diameter of theother trunks determines Opporiunides for Loss of Landscape Trees, the diameter for computing the cross section area which is the number used for the size factor in the Replacement Value formula (figure 1), The cross section areaeegqls deter. can b%, the determined value byf rshad form the fairmarke tvalue (plalnted e d diameter measur dt TheBcurrent basic Uvalucl of the guaranteed) from tree nurseries, if a species Is not perfect specimen shade tree, In the commillee'sopln- available from a nursery and the tree is small, base ion, is $25per square Inch of trunk cross section, For the fair market value on that of a similar species of example, a 10-Inch Class 1 tree in perfect condition compatable size, Large lreacom anlsseIlandplant and location would be worth $1,964 (at $25 per several speclees of trees up to8 inches In diameter. The square Inch). value of larger Ines can be estimated using the 0.7854 D2 .0.7654(10)1 . 78.54 in$ formula, The formula usually underestimates the 76.54 Ins x (525'ins}. iI1,9G4 value of small trees. The Formula Species Four factors are considered it) the formula: size, valu No all e. Perm ence, maintenancelneeds,rlandsrape species, condition and location. quality and site adaptability Influence the value of Site X N X specie, class X condition X location « vslue a species. Grouping tree sp~fes into value classes is N • ISA aloe per in'of crow sectional area subjective and may racy from one part of the state and one tree specialist to another. The following list can guide the appraiser who must also judge based on experience a Ith the Species. Species value of trees not listed should be made by the specialist involved 'Exienslon forester, Tre Axas AdM University System. In the evaluation, Texan Agrculwrel Extension Service a Zerle L. Carpenter, oiieclor a The Texas AdM Unlversiy System s college Station, Texas I ApendaNo ~l•3'03 _ 51211 Deter To deferm,ne the MamAter of a tree, meesurt a small tree le inches in diameter or iy less) at 6 inches above the ground, a medium-need tree IS 10 6 inches in diameter) as 12 inches above the ground and a large tree (largo then 6 inches) at 44 feel above a the ground Use sound )udgmeni on measuring odd shaped frees, in measuring mutt" bunk tree, measure the diameler el the largest trunk and add half the diamaler of the olher trunks. e4ti feel V 12 inches VAI narrow rtion 6 inches Vp to and 6 to I Inches Mort than I Inches Including a Inches Awkward swam Flguit 1 Class 1-100 percent Class 4-60 percent Carya sPp --Iickorles Accr grdndidenlalum sinaosum-Bigtooth Slap}e Carps dllnotnsts-Pecan Arbutus fesana-Texas Sladrone Cornus fforlda-Flowering Dog",ood Ehrelid anacua-Anaqua Diospyros feraaa-Texas Persimmon Frasinus celufina (Selccf ,Yale)-Velvet Ash Fag us grandrfolia-American Beech Fratinus celuftna 'glAra'-Slodesto Ash tier opaca-American Holly Ginkgo biloba-Cinkgo lies omiforla-YouponHolly Cynnocladrrs diotcus-Kent ucky Col eelree fuddles 1111;1`02-Black Walnut Koelreuferfd biphrnala-Southern Golden Ralntree Llquldaril alryraciflua-SsreeIgum Koelreuferta panlculdla--Panicled Golden flaintree Magnolia grand 7ora-Southern Magnolia L igerafrovinia indica-Crcpemyrtle Alagnolia rirgintana-Steeclbay L.irfodcndron lullpifera-Tulfp•ppoplar ,Vyssd syluafica-Tupelo Circa maumnilla-Slanranilla Olive Pkca pungent-Colorado Blue Spruce Pinus ellioflii-Slash pint Pings edulis-PiAon Pine Pinus Aalepensit-Aleppo Plne Pinus ponderosa-Punderosa Pine Pinus ntgra-Austrian Pine Pinus fordo-Loblolly Pine Pinus fhuabergif-Japanese Black Pinr Pifheceflohlutn ficTicasde-Texas Ebony P&facia clrfnnrrfs-Chinese Pistachlu Quercus albs-While Oak Pyres calicryana-Callery Pear Culiisars Quercus fafcafa-Southern Red Oak Qucrcus shcllos-Willow Oak Quercus rnacrocarpa-Bur Oak Qurrcus srellafa»-post Oak Qurrcus muhlcssbcrgll-Chfnkapln Oak Qucrcus ccfulina-Black Oak Qucrcus nigra-Water Oak Sophora/apunica-Japanese Pogodatree Quercus ahumardit-Shumard Oak Uhrifis amcricana--American Flip Qucrcus ferand-Spanlsh Oak Quercus Orglniana-Live Oak Soplsora sccundillora-S{escal Bcan Suphora Class 1-60 percent Tarodium disticJrurn-BaldRim' pies$ Acacia fartarriana-- Ilufsachc LNmus erasstfofia-Cedar Accr rubrurn-fled maple 1 Agenda No -g O/o2 AgendallertL.~~----- Dale 81-114 1, ni_ra-Harr Hirsh Condition Fcw shade Irecs are perfect As trrvK beconle r9t. 4 Rn+u, ruudin lo-ipyrifi'ru-Prier 1lulhcrr~ and old, they' otter Lecnmc defcrtisc through decay Cv, . , I+rlliu 1nu+gmmu-Gtr c rrfrnv, drudara- Urrxla Cc da r broken IimLs, da rnage by humans or uneven grosctJr, Crlio 111.4 h14,11IOn-Couunms I luekhrrry The specialist appraising the flee must judge the con. i ('rrtir raandrr rls-Hcclhnd dition on a percentage basis. For example, a 10-Incli hd pi u,crl W'illun tree in class 1 might be poorly proppoortioned or hiloji,o finrnen:rts-Ih-'st-ri raCyprrss displaysy'mptomsofheart rot. Instead olbcingworth f:ri+d+nlnla Jry,ui+iru-L,Mpuat $1,904, II would be appraised rd W percent or $1,178. Fruil+rus pcoornu flrunic'u rueolala-Green Ash A knowleege of free pathology, entomology and physiology is important to professional evaluation. In FrCla rr ilifrirus fu f nriacrurrr I Idea luance le biennls- AThornless rizona Ash some situations consulting a diagnostician before deciding a tree's condition percentage makes the Hone) locust evaluator more confident. As a guide, the following funfperus spy Junipers, cedar stem can help a trained arborist. There are six con- Leuracna pidrrrulenla-Great Lead-tree Ytlon factors, A through F, each rating from one to lfalus species and carieles'-Flowering Crab Apples five, The sum of the rating for each of the six factors Afurnl ufba I fruilless)-Fruitless Mulberry is the tree's condition rating. The percent based on Pcrwa a-wricana--Avocudo this rating is used in the formula. Perna borbanla-Redhay pines i'rUnalu-Shortleaf Pine Pines pinta-Italian Stone Pine A. Trunk condition Ra~tng Plalanr+s occidental's-American Planctrees. Sound and solid Sycamore t,fissing sectlon of bark 3 Prosopls glanduloso-Honey Mesquite Exisi a decay' 1 Prunus mericand-Mexican Plum Sablurn lebiferum-Chinese Tallow Sapindus drursmonda--Western Soapberry B, Ciowth (varies ss lth species) 3 Clmus pdrtifolia-Chinese Elm Vigorous 1 Ulmus parcpfdlid semperc(rent-Evergreen Elm Moderate 2 Poor Class 4-40 percent C. Structure 5 Sound Ater negundo-Boxelder one major or several minor limbs dead, 3 Acer sacchorinum-Silver Maple broken or missing Aflanlhus alliss(rna-Tree of Heaven Two or more major limbs dead, broken l Okla Julibrissin-Sil:.tree or missing Cafolpd spp.-Catalpa Cents laeclgata-Sugarberry D. Insect and disease Cralaegus spp -Hawthorns 3 Eleagnus angusrifoliu.-Russian Olive No pests 2 Flrmidna simples-Chinese Parasol Tree One pest rnore gists I Afaclura pomiferd-Bois d'Arc Two or p Afrlia o:edarach-Chinaberry ,tforus rubra-Red Mulberry E, Crown dcvclopntenl Parkinsonfa actilcola-Palo Verde y Populw s +p-Cottonwood and Poplars Full and balanced 3 p~ Full but unbalanced Prunus bfirc(ano-Ornamental Plunr unbalanced and lacking a full crown I Rob(nia pseudoatacla-Black Locust Salts epp.-Willows Tamaris spp.-Tamarisk F, Lifc expectancy (at time of evaluation) Tl,ufa spp•-Arborvitae More than 30 years S ulmus pumlla-Siberian Elm Fifteen to 20 years 3 2iyphu1Jujube-Jujube Less than 5 years I R ~esda Ho ~1~ c~' Total point rating Percenlagc to b^- rand~?I CUB j (A+6+C+D+E+F) use in formula LOCATION e 7-.)l 1-' 26.23 80.100 We 122.149 60- SO STPEET 13.14 40- f,0 20 40 9• B 0. 20 ' Only on experienced evaluator can make accurate condition determinations. Location Location determines the v alue of a tree in the land. scope (figure 2). An understanding of the specific A patio ua hes tree's role helps w$en applying this factor to the for. a preuer toea- muls. The following conditions are outlined for tiM vatue than a h e guidance: PATIO $that ont ~ harmony wt h the landscape or Feature or historical trees, , . , . , , 99.100% that may be a Average reidential, landscape trees ...SO. 90% tramc hazard. Malls or shopping center trees 75- 65% Public and commercial area trees ,70. 80% Arboretum and park trees , , , . , , 60. 80% Figure 2 COlf course trees, strategically located .60- 80% Street and boulevard trees , . , , , . ,80. SO% shade tree evaluation outlined here may apply to Screen and windbreak trees , , . , , , , .60. 7096 casuJty losses. Replacement costs may be Acceptable Recreational and picnic area trees ....60. 70% as proof of pro I perly value reduction. To back up tree Industrial area trees , , , , , , , ,50. 70% casualty loss claims, use IRS rulings on similar tree % and shrub es. ~ati e, open highway trees ,30. 40 % Officials toward the hlegaltst standing or olueeof shade trees also may detrrmine the extent of a casualty loss, For example, if a 15-inch Llve Oak of good form, sl The Tax Equit an Fiscal ates that personalel"41lRlossses acre claimable on. lrithoul diseases, shades a picnic area in a city park IY to the extent that theyexceed 10pereent of the lax. In Central Texas and Is vandalized with an axe, how payer's adjusted . is the monetary damage determined, assuming the grow income for the year Of occur rence. There is still a $100 exclusion. The Tax Reform tree has no chance of survival? The formula: Act of 1986 did not change casualty loss treatment, Size It 126 It class a condition x location a va'ue The formula forshade tree evaluation cannot deter. 0,7654 (1111 a (125) x ISO%) x (10044) x (60%) . $2,627.44 mlr,e the value of fruit or nut bearing trees, which can be appropriate) determined by crop yield. sh deltrees for insurance co 1n pianiessor culd ourts 1 The since palmstdo not expand In diameter. Fair market IRS Approaches tree appralsa) differently, Any casual. value or a dollar value per foot of height growth lylossel+im must Include proof that the value of the determines the worth of palm trees. Check with local property was reduced by the same amount as that nurseries that sell them to determine the value of a claimed, Using qualified appraisers, principles of particular species of palm. Educa7 one) prop ems conducl~c' oy Ire Texas Aoricullura' Extension Service 1021, race, Cola, sex, 4169iun, handicap or 01arbnal0491n. SO" people ofeN apes regardless of socioec0nomk Issued 6ncaofCoeperaliWExtenoionWorkInAofcuhureandHomeEconomics,ActsMCongressMMay6,t9t4,ssamended, 2nd Jun* 30 30,,191 2024, in c0operelion with the United Stales Department orAoricullure 2066 L. Cetpenter, Director, Texas Apricurrurai Extension Sarvloe, The Texas A&M University Syaom. 5M-617, Revisor FOR i ApsnOa No, q3 "G~.~-. Agenda IterrZ, !W,5 ~-2 ATTACHMENT 2 Date ~aL-L MINIMUM ADMINimERE 'SPECIAL" ' Cm PROTE D CTED CLASS OF SIZE BY.., NOTES TREE? NUMMONOMMO~ [tcnton let at 1' Sun': Urban Planner; No Undwpe Architect Three removal l criteria. No replacement mcnt provision Auatln IV at 414' Staff; De of Pn*onment aNatoek Cwiaydlatricu in some art" SouthIske r at 4%' Staff: Iandanpe Yea: Adminktrator 'orname draft only hldfaott ISC'droed 111* at 4' staff: Bldg, Inapatan No ArIlVoq t0 1S" at 11A' emphaduy replacement tree Staff No CotleyvCle;; draft only Wet, WA Tree Baud No public trea only Flower mound 6' at 4W Staff: Olds. fnapection No Carkrld newly enactad artpev4ie' heave tl' at 411' Surf: Community draft only Development jibfe M~xattaey, Plano all trcn Staff: plannint feared t oward replacement J r r :omparlson of Tree Agend em 'reservation a ` )rdinances iFi Fi ovenr(ew /1dopledNrdlOrdlnena O O A A A 0~ A l h(numl»rdpa M) ZS 10 4 1S maecL 13 S(11 rreeltandln0 0rd noncY N N Y Y AdmINllrelor Pkn DO 6l Plen Dlr Plan Ou Plan DiArbo(W Appeaf11on1o PdPbZ PSZ P81 Pd2 Applicability Y Y N Y N Y Y ► Publb Property Y N Y RO.W1Eopmentl N Y N Y ConytNrcid DrrebpmerA N N Y Y N Y Y Propoeedc4rru*ctel0ere1opminl Y Y Y Y Y Y Y N N Y ~dnk+p 8lnpte Fam lidantial N MN b rem mlidtWal N Y Y Y ed $Inp NumarW%jAgrkuRUrdland Y N lllilit)rCompantes 011eaaed Trees (Exempted) Y N YM Permh N00894 Y Pe(mh R uh to Riamova TrN Y Y Y Y Perm! Approved By Plan DV UA 1) Plan Ok Plan J B l LqCRrDD@0V Site MrAt to be SubmMed Y Y Y Y Y l N Y Y Mltlflatlo NReplace me nt prolectWreterred Tree ski Y Y Y N Y(S) N Y Protected Tree, Dlamller B' 1~ l nMa+A 81~ar~1 ProcAdad N N N N N Y ~Y MptaoemenlTrea equVeO Y Y Y N N Y Y COAflruCt)on Shea Pr c4 o Y N IM N Y Y fwp0 ~~a~~ y Y Y Y Y Y quY Y N N Y Y Other Qemenb ftorloavi'roplyTreeeProlooled Y N EN N N Y Y rse ty priu 10 r A opt Y N N N N NN N N N Y M r1 y y Y Y Y Y N Y Y Y Note1: (1). Sirp-ant porttonl d Aue11n doeumant are oontalned In a aeparale 40mimenl to which the ordinance makhf reference. TWO 16666610 fec Rate Willonl to the 1larKIVCe Wenoul smetidln0 the ordlnuxa. At Planning 01redor'e Weore1W S -W to approval by O'uedor of Dovelopmerd • Landeeape Admtntwotor (Moo Okwor at Bull &y OlWktall) Sou rce t F4)' City of Arlington S)'eedfordprovldeeaSdofuMN&ableits" • Clroumfer$Mf Suedirq CCmmletlol► vw TREB CITY COUNCI o e~4 7, r 01 ~ ~~0 OGC~~G Date -Y7- 4-17t9-~l CITY of DENTON, TEXAS MUNICIPAL 80LDINO / DENTON, TEXAS 76201 / TELEPHONE (817} 688-8907 Office of the City Manager MEMORANDUM TO= Lloyd V. Harrell, City Manager FROMi Rick Svehla, Deputy City Manager DATEt September 15, 1993 SUBJECT: Update on the Opticom System A couple of weeks ago, Dr. Perry %sked for an update on the system. You may recall that in March I gave the Council a report on Opticom which Is attached. Highlights Include the existing system of some nine intersections and an update on the Federal funding (ISTEA). In essence, the Federal funding would fund group five in fiscal year 93-94 and group four in 96-97 or 97-98. Our share for both groups would be approximately ;23,000. Council has sufficlent bond funds to do this. As of this report we are also testing a new vendor in the Opticom field called Naztec, Inc. They have improved or maintained quality and reduced the price. We have a product demonstration working at McKinney and Wood Street right now. The Fire Department reports that it works just as well as the older Opticom equipment. As to expanding the system, as we mentioned, we were successful in getting two groups of Opticom funded through the Federal ISTEA program. Those were group five signals on Carroll, Eagle, Bell, Elm and Locust in the second year of the ISTEA program which will begin this coming fiscal year. The group five signals are on Farm to Markets (McKinney Street and Sherman Drive) and U.S. 77. For the two groups, we will receive approximately $930000 from the federal legislation, and our match will be approximately $23,000. Last week, we visited with COG officials. Both groups are still in the program. They are being funded with Congestion Mitigation Air Quality (CMAQ) money. There is some concern that these kinds of improvements might not meet all of the tests for air quality and reduction of congestion as required under this funding program. However, COG has indicated that the programs are still intact, and they will be hiring some consulting people to confirm the benefits of these programs so that funding can continue, r ApandaNo._-.~3._Gt3 AQeodalterrt,~S Dete_, Q Lloyd V. Harrell September 15, 1993 1 Page 2 If we run into qualification difficulties for funding from ISTEA, the reductions In prices will help us greatly. We have some flexibility in funding sources If this happens, and Council could consider those at that time. Finally, after talking with Dr. Perry, I know there is some concern about specific intersections in the city. We believe we Installed Opticom on the most heavily used routes at the present time. That doesn't mean we don't need or could use more Opticom signals. In particular, I think Dr. Perry had a question about eastbound Hickory at Carroll. That particular direction of that signal is not equipped with Opticom at this time. In the particular incident which he saw, we believe that ambulance wes returning from HCA and received a new call prior to returning all the way to its station. From what we understand, that ambulance did have some trouble negotiating that intersection before being able to turn onto Carroll. As stated at the end of the March report, one of the other things we continue to look at the system. Where it is installed now versus where new facilities are being built and where our experience show the need. Currently, we believe that the intersections that we have equipped, and the direction for which they are equipped, are still the best locations. However, as EPIC develops the new hospital on Mayhill and I-35, we may relocate soma of our e:cisting equipment. That is just one example that comes to mind. Obviously, as we continue to transport people via the EMS system, we will continue to look at other locations. If you or the Council has further questions, I would be happy to try and answer them at your convenience. Rick Svehla Deputy City Manager AS:bw AMM00355 Attachment wS ertdaVo _Lr; r' ltem~.-.--.~~------ Agenda _dL=SI_-6 suet elm Date CITY OF DENTON~4 /,t~ 3 EMERGENCY VEHICLE PREEMPTION SYSTEM STATUS REPORT March 1993 1 Existing System In 1990, the City of Denton installed emergency vehicle preemptors (opticom preemptors) at nine signalised intersections on three major arterials In the city. These preemptors would provide priority right of way assignment upon d-atection to intersections. eTable e 1 is gaa summary of the Ceintersections movements) sdirectioneof preemption. Table 1 Intersection and direction of pre-emption Intersection Direction of Preemption US 380 @ Bell Eastbound, westbound, Northbound and Southbound US 380 @ Carroll Eastbound, Westbound, Northbound and Southbound Carroll @ Oak Westbound, Northbound Carroll @ Parkway Northbound, Southbound Carroll @ Congress Northbound, Southbound Carroll @ Crescent Northbound, Southbound McKinney @ Elm Eastbound, westbound McKinney @ Locust Eastbound, Westbound McKinney @ Bell Eastbound, Westbound The emitters that trigger the preemption are an important part of the system. The Fire Department has 8 existing units. There are suburban 4 on a b with ea,eparn fthe or snorkel, 1 on Engine 01, 1 on the general purpose backup. The Fire Department is specifying these emitters as ste,ndard equipment in the light bars on now equipment such as the ambulance, 2 new fire trucks, and possibly the 2 new grass trucks. The grass trucks are regularly in terrain that will allow trees to knock the light bars off, so that is not decided at this time. Future Plan In 1992, a study was conducted to develop a strategic plan for implementation of a city-wide emergency vehicle priority control system (EVPCS), and to select EVPCS projects for ISTEA funding request. Under the strategic plan, six project groups were developed. Project Group 50 which consists of signals on Carroll Blvd, Eagle Drive, Bell Av6p Elm Street and Locust street !arse the bast:, of 10TEA funding request that was approved for Year 2. Also Project Group 40 consisting of signals on Flt 426, FM 428, and U8 3710 hike been approved for ISTEA funding to Years 5 and 6. ISTEA funding for the two proje:ts, Group 5 and Group 4, will be 860,000 and 133,0001 respectively. City matching funds will be 815,000 for Group 5 and 18,000 for Group 4. These project groups are listed as follower r Q.3 -03 7 ~bandaNo ~ ~ Ageedaller2."-'~- Project Group 1 - U.S. 380 Signals Y ~JI n 3 { 1. US 380 @ Bonnie Brae U~ E8, W8, NB, SB 2. US 380 @ I.H. 35 E8, WB 3. US 380 @ Malone EB, WB 4. US 380 @ Fulton EB, we S. US 380 @ Alice ES, WB 6. US 380 @ Elm We, ED + W8 7. US 380 @ Locust ED, E8 + WS 8. US 380 @ Ruddell ES, WS 9. US 380 @ Nottingham ED, we 30. US 380 @ Old North Road E8, We, N8, SB 11. US 380 @ Loop 288 ED, we, N8, SO Project Group 2 - FM 2181 Signals 1. PH 2181 @ I.N. 35E ES, WS, NB, SB 2. FM 2181 @ Oak Meadow NB, SB 3. FM 2181 @ Londonderry NB, SB Project Group 3 - Loop 289 Signals I 1. Loop 288 @ Colorado NB, SB 2. Loop 288 @ I.H. 35 E ED, We, NB, S8 3. Loop 288 @ Morse N8, $B 4. Loop 288 @ Mall Entrance NB, SB Project Group ,4 - FM ,426, FN 428 and U.B. 77 signals i 1. FN 426 1 Woodrow lap woo N8r 58 2. PH 426 1 Loop 288' EB, woo NRp 86 3. PM 426 1 Ryan Nigh; lap wig 4. PM:426 1 Mockingbird Ego we S. PM .428 1 81% EB, WS 6.PK 428 / Locust ego x8 7. rX 420 1 bell gb, 918, No$ 88 8. PM 428 1 Windsor NB +88, so + WB 9. US 77 4 Teasley/Willowsprings Bet _War _Nap AS Project Group ,5 - Carroll, Nagle, Bell and Downtown Signals 1 Carroll 1 Hickory : HBO 88 2 Carroll I Mulberry- NB, as 3 Carroll / Eagle mat so, Es, we 4 Eagle @ Avg °C NB, we 5. Eagle t Ave A tB"+ Not NB +6B 6. SA91e 1 wsloh EB + we 7. Eagle 1 Sim Bey WD 8. 9Aq 1* 1 Boll too war' SB 91 8:11 1 Prairie N8 + SB 10. 9411 4 4iCkory no + woo No + 69 111 8011 4 Mingo goo as 124 8*11 4 Withers NB + So 13, 8611 4 8. Crosswalk NB +,so 14. Bell i Admin Drive NB +„$9 1S.' Bell 1 N. Crosswalk N8 +°8s 160 1,ee0at 1 8poaslote ' N8, BB + :?8 170 Locust 1 Hickory It + wet h3 1/." , Locv -t 1 Oak NB, WB 19. Locust 1 Parkway NB, IS-+ W8 200 Sim0 Parkway se, e8 + we 21. Elva' 1 Oak 88, We 22. Elm 1 8lckory $sr EB 23.' Rim / sycamore ¢B, 28 4 we • Benda No ~.~~ZngiaCa Vo -_9_,3_ _G_ ~t 4pendm tem____-'~~'`- - - Date r~ Date S Project Group 6 - Other Signals C/Y 3 1. I.H. 35 E @ Ave D WB, SB 2. I.H. 35 E @ US 377 EB, WB, NB, S8 3. US 377 @ t.cme NB, SB 4. Welch @ Highland NB, SB 5. Welch @ Prairie NB0 SB 6. Welch @ Chestnut NB, SS 7. Hickory @ Ave B ES, SB + NS 8. Hickory @ Ave A/Fry E8, NB + SB 9. Hickory @ Welch EB, NB + SS 10. Oak @ Fry WS, NB + SE 11. Oak @ Jagoe WB, NB + SB 12. Windsor @ US 77 EB, WB, NB, SB 13. Windsor @ FM 2164 ES + w8 The six project groups described above consist of 63 intersections. Fifty-nine of theme are signalized intersections, one Is currently being signalized (Loop 288 @ Mall Entrance), and three are awaiting imminent signalization (Londonderry @ Teasley, Teasley @ oak Meadow, FM 426 @ Mockingbird). Initially, 17 intersections were identified by the study as critical intersections for future EVPCS consideration. Those intersections were ranked highest in priority for installation purposes. They arei 1. US 380 @ Bonnie Brae 2. US 380 @ Elm 3. US 380 @ Old North 4. US 380 @ Loop 288 5. I.H. 3SE @ PH 2181 6. Loop 288 @ Colorado 7. Loop 288 @ I.H. 35E 8. FM 426 @ Loop 288 9. PH 428 @ Bell 10. PH 428 @ Windsor 11. US 77 @ Teasley/Willowsprings 12. Carroll @ Hickory 13. Carroll @ Mulberry 14. Carroll @ Eagle 15. Bell @ Mingo 16. I.H. 35E @ US 377 17. US 77 @ Windsor CONCLUSION I The Fire Department has revised this priority ranking. They feel that the major intersections on I.H. 35 and I.H. 35E, Loop 288, Carroll, US 380, FM 426# and Bell Avenue should be high priority, Based on traffic engineering philosophy, this means all the signals on the above-named roadways that are not yet equipped with emergency vehicle preemptors - a total of 30 signals. Future priority ranking will be influenced by location or relocation of major facilities and institutions such as schools, hospitals and trauma centers, now developments teubdivisione), and fire stations. ASE0022F 3 - COUNCI , S9' °I j. • 10 LM x`93-037 Date- 9 (q.e / yr cirrot DENTON, TEXAS muwlm BUILDING/ DENTON, TEXAS 78201 /TELEPHONE (817) 588.8307 Office of the 0ty Manager MEMORANDUM TOt Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: September 16, 1993 SUBJECT: Towing ordinance Attached is the towing ordinance that Legal has written for us. It allows us to ticket and/or tow vehicles. You may recall that we have been working for a long tince with the people from the downtown business area, as well as some of the people out near Avenue A, on parking problems in those areas. We have been told on numerous occasions that there are a number "chronic" violators in these two areas. There have been numerous comments about people throwing tickets away, not appearing or appealing any number of tickets to higher courts and thus skirting the parking ordinance and its enforcement. This ordinance would allow us to tow vehicles which would enable us to bring some sort of closure to the "chronic" violator problem. At the same time, we are also aware of the need to have some sort of flexibility or grace periods for newcomers to the city, unavoidable events, etc. What the staff would suggest is to set in place this ordinance as well as a procedure whereby Chief Jez and the Police Department could track citations given in these two areas or any other problem area in the city. After lengthy discussions internally, we would suggest that this procedure mirror the alarm ordinance and procedures that we have in place, i.e. we would suggest that a vehicle be allowed three citations per twelve months before towing would occur. On the fourth citation, that vehicle would be towed and impounded in our pound. Chief Jez is preparing a procedure outlining the steps that would occur after the vehicle is impounded and how someone would go about getting their vehicle released. We will deliver this to you Monday evening. I want to emphasize that we are suggesting an,1 recommending this after long and arduous discussions with the downtown businessmen, downtown residents, and the staff. All of the Square and Avenue A areas are very vital to the City of Denton. We do not want to discourage people from using the Squure. Yeti at the same time, we C RA LC aoand&No l~A _D l Agendaltem'~~---- We Lloyd Harrell September 16, 1993 Page 2 I want to try and help eliminate some of the problems that a number of business owners have voiced. If the council chooses to proceed with this ordinance, we would also do some notifications and distribution of information on the Square and out in the Avenue A area before implementing the procedure attached to this ordinance. Obviously, if the Council has any problem with the procedure, the amount of citations or status of citations before towing occurs, that could be modified to their liking. If you or the Council has further questions or needs further information, Mike or I would be happy to try to provide answers at your convenience. ck Svehla Deputy City Manager RStbw AMMO0357 Attachment 3 EtWPOOMOROVO4.00 {gendaNo. AOendalte 111.5 Ay wig 0-i.22--V3 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTONo TEXAS, AMENDING ARTICLE IV OF CRAFTER 18 OF THE CODE OF ORDINANCES PROVIDING FOR IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES; PROVIDING FOR AUTHORITY OF PERSONS TO ISSUE CITATIONS FOR ILLEGAL PARKING: PROVIDING FOR A SAVINGS CLAUSE: PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, adequate parking space for vehicles is needed for use by all persons within the incorporated limits of the city of Denton: and WrER£AS, parking space is limited and must be regulated in order to insure all persons may rake use of the available space: and WHEREAS, parking regulation eases traffic congestion in high traffic areas: and WHEREAS, the City Council of the City of Denton recognizes the need for effective parking enforcement in order to facilitate the maximum utilization of limited parking areas by all persons and ease traffic congestion; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt AMTON 1. That the Code of Ordinances, Denton, Texas, is hereby amended by adding sections, to be numbered Sec. 18-110, 18- 1110 18-112, 18-113, 18-114, 18-115, 18-116, 18-1171 18-118, and 18-119 of Chapter 18 of the Code of Ordinances, which said sections read as follows: 8600 18-1106 issuance of citation for illegal parking: intomatioa noted by officer. Whenever any motcr vehicle is found parked or stopped in violation of any of the restrictions imposed by this Chapter or other parking regulations of the City or by State Law, the police officer or meter control officer finding such vehicle shall take its registration number and may take any other information displayed on the vehicle which may identify its user and shall conspicuously attach to such vehicle or hand deliver to the driver of the vehi- cle, a citation in writing on a form to be provided by the police department, for the driver to answer to the charge against him within ten (10) days within the hours and at a place specified in the citation. y ► Agenda No Agendai tem Date V- ' Beo. 18-111. Failure to comply with citation. If a violator of the restrictions of stopping, standing or parking under the terms of this Chapter does not appear in response to a notice affixed to such vehicle within a period of ten (30) days of receipt, the Clerk of the Muni- cipal court shall send to the owner of the motor vehicle to which the citation was affixed a notice to inform him of the violation and to require said owner to appear in the Municipal court to answer the charge. Boca 18-1129 Impoundment of illegally parked vehicles. In the event any vehicle shall be found standing or parked in or upon any regularly designated pparking meter space, limited or prohibited parking zone or in or upon any place twithin the City limits, In ~ viothorouhfare ation of and ncontrarc to any provision of this Chapter, the same shall be a r- sance. Provided the requirements of Sec. 18-117 ar. ,net, the vehicle may be removed by direction of any +--;.ice of- ficer or meter control officer and taken to a ,-.ace of im- toundment# bedmaderby the owner oP the vi~ icle or shis dduly authorized agent. Such impoundment r►.tl be in addition to any other penalty provided by th'. erode. Boca 10-113. When impoundment may occur. engineerushalloplSec. acel and maintain signs of this Chapter, the city traffic that violations of parking restrictions are subject to citations or impoundment of the violator's vehicle within designated areas. When signs that state "Notice--Parking Violators May Be Ticketed or Towed" are placed pursuant to provisions of this Code, this shall constitute notice to any parking regulation violator of the possible enforcement actions which may be utilized to enforce provisions of this Code. Boca 18-114. Right to redeem impounded vehicle. When a vehicle is impounded pursuant to the provisions of See. 18-112 and 18-113, at any time prior to its sale as an abandoned vehicle, the owner or his duly authorized agent shall be entitled to the possession thereof upon the payment of Five Dollars ($5.00) to the City for the cost of the administration of this ordinance, together with all other costs of removal and storage as provided in sec. 18- 104 of this chapter that may have accrued thereon, plus any PAGE 2 a w' AVeidi No ._-c=:L .g AgeridaIterr~l Date_ 9-ai g9 .1, sr fine or costs owed to the City of Denton for parking viola- tions unless the owner posts a bond under the requirements of Sec. 18-117. If the owner posts a bond in double the amount of the costs specified herein, the vehicle shall be released. sec. 18-1156 Notice of violation. After the vehicle has been impounded under Sec. 18-112 and 18-113, a notice shall be prepared and sent certified mail by the Municipal Court to the registered owner within 24 hours of the impounding for the vehicle. The notice shall specify the procedures for redeeming an impounded vehicle, including the name, address and telephone number of the person to be contacted, the bonding procedure and the right to a hearing. sea. 18-115. Hearing on impounded vehicle. After the impounding of a vehicle, the owner shall have the right to a hearing before the Municipal Court Judge to contest the underlying parking violation, to contest the circumstances surrounding the impounding of the vehicle, or to present any other defense to the actions taken. In the absence of a Municipal Court Judge, any magis:-rate within the county may preside over said hearing. An expedited hearing shall be held within 48 hours of the impounding of the vehicle or the next Municipal Court working day after th,j Impounding, whichever the is the lesser time if the owner requests such an expedited hearing in writing. sec. 18-117. bond for impounded vebiols. The owner of a vehicle which is impounded may secure release of the vehicle pending the hearing by entering an appearance on the pending citation and posting a bond in double the amount of any fines, court costs, administrative fees, towing fees and storage fees whicA may be owed. If the Municipal Court is closed so that the owner cannot make an appearance, the owner may post the bond at the City's Police Department and obtain release of the vehicle without an appearance. If the owner cannot afford the bond, he shall be allowed a hearing within 24 hours of his request for a hearing or the next Municipal Court working day after his request, whichever is the greater time. At this hearing, if the owner is found not guilty of the traffic offense, or the court otherwise finds that the vehicla should not be impounded, the Court shall order the vehicle released without the payment of any fees. Any funds pouted by the owner for securing the release of the vehicle from PAGE 3 t Agenda No AgendaI teat.._~5 Data impoundment shall be reimbursed to the owner. If the owner posts a bond and fails to appear at any hearing scheduled to contest the impounding of the vehicle or the underlying traffic violation, the bond shall be forfeited. Boo. 16-116. Impounded vehicles declared abandoned. If an impounded vehicle is not redeemed within twenty (20) days from the date that notice is given to the vehi- cle's owner and any lienholder of record, such vehicle is declared to be abandoned. 8eo. 18-114. Sale of abandoned vehicle. In the event that any impounded vehicle shall be aban- doned and shall not be redeemed by its owner, it shall be sold at public auction. Such sale shall take place after at least twenty-one (21) days have elapsed from the date that notice was provided to the owner and any iienholder of record, pursuant to TEX. REV. CIV. STAT. ANN. arts. 4477-a and 6687-1. Proceeds from the sale shall be used to pay the penalties, charges and costs incurred in impounding the vehicle and administering this ordinance. SECTION II. That Sec. 18-132 of Chapter 18 of the Code of Ordinances of the City of Denton is amended and shall read as follower 8eo. 18-132. issuance of citation for overtime parking ingormation noted by officer. A police officer or meter control officer issuing a citation for overtime parking under this division shall take the number and location of the meter at which a vehi- cle is illegally parked, the state vehicle license number of such vehicle, the make of the vehicle and the time and date of the illegal parking and shall issue in writing, on a form provided by the city, notice to answer the charge of overtime parking within ten (10) days, during the hours and at the place specified in the notice. Such notice shall be placed in a conspicuous place upon such vehicle or hand delivered to the driver of the vehicle. SECTIOK III. 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 vali- dity 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. PAGE 4 e Agenda No. "097 AgoinItera 1s1I,141, SECTION IV. That this ordinance shall become effective on the day of , 1993, and the City Secretary is hereby directed to cause the caption of this ordinance to be pub- lished twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTS JENNIFER WALTERS, CITY SECRETARY BYO APPROVED AS TO LEGAL FORM DEBRA A. DRAYOVITCH, CITY ATTORNEY BY s ~ C i i PAGE 5 Chief Jet was able to finalize • this memo before packets were istributed so we thought it would be easier to include at his time. ~ertdaNo ~.~~2__ ApeedallerrL__ 40J y 2 Denton Police Department l~le~ L- 221 N. ELM DENTON, TEXAS 76201 M E M O R A N D U M I TOt Rick Svehla, Deputy City Manager FROM: Michael W. Jet, Chief of Police DATE: September 17, 1993 RE: Procedural Aspects of the Proposed Towing Ordinance Ricks In the event, the proposed towing ordinance is pass-d I am recommending the following administrative procedures to ensure its implementationt 1. Parking enforcement officers perform a computer check of All vehicles cited. 2. In the event the vehicle about to be cited had received three citations within the previous twelve months it would be impounded. It would not matter whether or not the citations were paid, pending or delinquent. 3. The owner of the impounded vehicle would either pay the impound fees or poet a "hearing" bond at the police department to procure the re- lease of their vehicle. 4. Department personnel would' then meet the owner of the vehicle at the city impound lot and ectur.lly release the vehicle to the owner. I hope you find these procedural, satisfactory. However, if you require further clarification please let me know. Respectfully, Cc ~ ~V jee Chi f of of (B17y 666-8lA1 METRO 431.2620 i --CITY=- -COUNCI tea, o, ~ o ♦ of ~o ~ s~ ppp cc a ~'+ge~daNo. ~3--037 Ageodaitarr~.s September 21, 1993 / PI~C4Ut3CI_ L REPnum ~IV, / `c~.2r~ TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: JUVENILE DIVERSION TASK FORCE UPDATE RNOMI&TM, No recommendation is necessary at this tire. A recommendation for approval of the changes to the Juvenile Diversion Task Force resolution and final selection of the task force members is planned for October 19, 1993, after Council review is completed. SACKQROUNDt During the Spring, staff was directed by the City Council to immediately implement the basic program required to exercise our jurisdiction over Class C juvenile offenses. To accomplish this, we had to maintain a separate filing system for the records of juvenile cases, meet the sealing requirements of juvenile cases, and hold closed hearings. In addition, juvenile conviction history tracking is very manual intensive. For all of the effort put forward and the resources expended, the City currently has very little enforcement capabilities over juvenile cases. Therefore, to evaluate options for improving our enforcement of juvenile cases and involving our community in the process, the City council approved a resolution creating a Juvenile Diversion Task Force (See Attachment A). During the July 6, 1993 City Council meeting, we were directed to amend the ordinance to include four representatives from the student body of the Denton Independent School District. You specifically requested that a member of the student body from each of the two high schools and junior high schools be a part of the task force. Additionally, you removed the Concerned Parent organization from the list of agencies that were to select a representative to serve on the task force. They were removed because we were not able to locate this organization. AWRIMs In accordance with the city Counoil directions, we have assembled the majority of the task force (See Attachment B). While using a threefold process for selecting task force members, we contacted organizations that were specifically identified in the Juvenile Diversion Task Force resolution and asked them to recommend names of individuals to participate in the task force. To date, all but three of the agencies have been responsive. We are still awaiting the names of the representatives from the Denton County, Denton County Bar Association, and League of United Latin American Citizens. The second approach was to have the City i Agenda No _qJ ~-40-9~ Agendalhnzm~6 _ Date C93 Manager appoint individuals from the city staff to participate 126 the task force. All of the representatives from the various citgin y departments have been selected. The final approach was to have City Council recommend the names of individuals to represent local civic groups, community-based organizations and to select the three at-large representatives. To assist in the selection process, we have provided Attachment C which is the "Directory of Clubs and Organizations" prepared by the Denton Chamber of Commerce. For staff to finalize the selection process, we require direction from the City Council regarding the individuals you would like to serve on the task force. The resolution also requires the City Council to select a chairman of the task force. When I presented your request to the Denton Independent School District for the four student body representatives, they asked whether or not a fifth representative could be appointed from the Fred Moore Learning Center. This is the Denton Independent School District's alternative school, and they believe the members from this student body would more likely be affected by the decisions of the task force. PROGRAMS/DEP~$j'1[ENTS OR GROUPS AYBECTE~t The Municipal Judge, Legal Department, Police Department, and the Municipal Court Clerk's office will be affected by the activities of the Juvenile Diversion Task Force. FXSCRL IMPAOT t None RESPECTF LLY SUBMITTEDi c4wa _ Lloyd V. Harrell, C 44y Manager PREPARED BY: Harlan L.~ erson Director Treasury Operations APPROVED BYI i o n F. McGrane , ecutive Director of Finance HJtaf Attachments W001s7 I i I 5 . c~~wooauES~xne~.ete , ATTACNFANo- Agendaltem Cum Date No.~ , A RESOLUTION CREATING THE JUVENILE DIVERSION TASK FORCE TO FORMU- LATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL RELATING TO THE NEED OF A DIVERSION PROGRAM TO ASSIST IN THE REHABILITATION OF JUVENILE OFFENDERS, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has assumed jurisdiction over juv- enile offenders committing certain offenses, and WHEREAS, the City Council of the City of Denton desires to ex- plore options in order to develop a juvenile justice program con- taining a variety of alternative methods de■ gned to provide ef- fective rehabilitative enforcement and judicial tools for juvenile offenders, NOW, THEREFORE, THE couNCIL OF THE CITY OF DENTON HEREBY RESOLVES= SECTION I. That the City Council hereby establishes a Juven- ile Diversion Task Force. 9ECTtON ice. (a) That the Juvenile Diversion Task Force shall review and evaluate the necessity of establishing a Diversion Program for the City of Denton and to submit a report to the City Council which shall include a recommendations of whether the City shall pursue the establishment of this type of program. (b) In the event the Task Force recommendo the establishment of a diversion program, the Task Force shall provide recommend- ations to the City council regarding the following matters, (1) The goals of the Diversion Program, (2) The format of the Diversion Program, (3) A public relations strategy (4) The anticipated financial impacts and (5) An implementation schedule, sECTY_ O=. That the Juvenile Diversion Task Force shall be composed of nineteen persons to be selected by the City Council from the following groups and organizations, 1 representative selected from the membership of the Denton Independent School District Parent/Teacher Assoc- iationt 1 representative selected from the membership of the Monton Chamber of Commerce; 1 representative selected from the membership of a local civic group, club, or organizationt Agendalter►~,,,-~ gate ~-yam 1 representative selected from staffinembers of Denton County; 1 representative selected from staffinembers of the Denton Independent School Districti 1 representative selected to serve shall be the Municipal Court Judge; 1 representative selected from staffmambers of the Finance Department; 1 representative selected from staffmambers of the office of the City Attorney; 1 representative selected from staffmambers of the Denton Police Department; 1 representative selected from the membership of a community- based organization; 1 representative selected from the membership of the National Association for the Advancement of Colored People; i representative selected from the membership of the League of United Latin American Citizens; 1 representative selected from staffmambers of the Denton County Juvenile Probation Department; 1 representative selected from the membership of the Denton County Bar Association; i representative selected from the membership of Concerned Parents Orqanization; 1 representative selected from the Denton Independent School District student body; and 3 representatives at large appointed by the City Council. SECTION IV, That the City Council shall designate the Chair- person of this Task Force gICTI ,4 V. That in the event any of these listed organiza- tions express a desire to not participate in this Task Force, the City Council may select representatives of other organizations to serve on this Task Force. BLCTiON V1. That this resolution shall be effective immed- iately upon its passage and approval. PAGE 2 ATTACHMWOOM 9~ - Apendallo; b~te Jr ou day of , 1997. PASSED AND APPROVED this the BO CASTLEBERRY, MAYO ATTEST: CITY SECRETARY JENNIFER WALTERS, BY: APPROVED AS TO LEGAL FORMI DEBRA A. DRAYOVITCti, CITY ATTORNEY BY s~ PAGE 3 ~rr ATTACHMEN jVdaNO eU ajl7 Agendallem,C~J~ z-'~-•~-_ Nle_..Qra~ JUVENILE DIVERSION TASK FORCE Aganap/Dept/croup Raprasentative DISD'S PTA Lucille Chapman Keith Bass Denton Chamber of Commerce Local Civic Group Denton County DISD Larry Mankoff Municipal Judge Sandra White Finance Department John McGrane City Attorney Tanya Cooper Police Department Lloyd Burns community-Based organization NAACP Carl Williams LULAC Denton County Juvenile Probation Department Peggy Fox Denton County Bar Association DISD Student Body Alicia Loveless Ryan High School Henry Denton West High School Campus Kevin Francisco Rameriz Calhoun Jr. High School Strickland Jr. High School A'c-Large Representative i Venda Na.~ - Agendaatem ATTACHMENT Directory of Clubs and Organizations DENTONI XAS Denton Chamber of Commerce w> r 1 4 Agenda Mo Agendalien~ DA9 ALMM OR9NUj 1T = I 6 Leadership Denton Alumni Texas Tech Rx-students Denton Chamber of Ccmmerce David Boston Nike Bates 300 El Pasec 500 N. Bell Ave # 211 Denton, TX 76205 Denton, TX 76201 387-7572 (H) 387-6358 (H) 382-7752 W) 387-4881 (W) Mortar Board Alumnae Two Alumnae association Greta Hughes Miller M Ann MacDuff Rt. 1 Box 353 Academic Affairs/TWU P.0.22965 Sanger, TX 76266 Denton, TX 76204-0965 817/726-3627 (H) 817/458-5297 (W) 898-3310 (W) signs Alpha iota University of North Texas Kathy Joyner alumni Association 20 Christie Ln. Nancy White Krum, TX 76249 P.O. Box 13557 817-482-6521 (H) Denton, TX 76203-3557 387-5327 (H) 565-2900 (W) Texas Exam CT at Austin - Denton Chapter Rod McLain / Chuck Arnold 382-4636 (H) 5108 Wildwood or. 381-9530 (W Plower Mound, TX 75028 214/724-8104 (H) ARTS ORGANISATIONS Altrusa Club of Denton Denton civic mallet Nancy Knitt Susan Pride 1003 Hopkins P.O. Box 1791 Denton, TX 76205 Denton, TX 76202 382-2229 (W) 566-0596 (W) oriel Club Dentin Cosatunit7 Band June Barry Carc: Lynn Mizell 2145 Savannah Trail 2722 Crestwood Place Denton, TX 76205 Denton, TX 76201 387-3311 (H) 387-6918 IH 382-3451 Wj 434-3887 (Metro) The Arts Guild Denton community chorus Jayne Withers Dick Fulton 2141 Pembrook 6 Highview Ct. Denton, TX 76205 Denton, TX 76205 382-1696 (H) 382-3919 (H) 565-0855 (W) Denton Each society Denton community orchestra Carol Karnak Michael Kelley P.O. Box 92 1914 Mercedes Denton, TX 76202 Denton, TX 76205 382-1057 H 566-5704 566-2291 ~W~ 1 e, apandaNo _-!~Z=6;2Z Age~dahertL,~~ [lale- Denton Community Theater International Folk Dan pecnVany Julia Angelo Gladys M. Keeton P.O. Box 1931 P.O. Box 23747 Denton, TX 76202 Denton, TX 76204 382-7014 (W) 898-2085 (W) Denton gandveavers Guild Texas Area art League Dr. Mabel E. Maxey Claude 281 2215 N. Locust St. Box Paton, T2 76202 382-Denton,2078 ( T(H) 76201 817/455-7415 H 817/455-7408 Denton Light Opera Coapaay 7110 Community Dance Center Helen Dewey Ra kofski Gladys K. Keeton 1625 Victoria P.O. Box 23747 Denton, TX 76201 Denton, TX 76204 387-5364 (0) 898-2085 (W) Denton Quilt Guild T11C Dance Repertory Theatre Deniece Taylor Adrienne D. Fisk 425 IOOF P.O. Box 23747 Denton, TX 76201 817/49, TX 76204 387-2346 (H) 898-2085 (W) Greater Denton arts Council Herbert Holl 207 3. B411 Denton, TX 76201 382-2787 (W) association of Christian Women Denton Baptist Association Carol Riddlesperger Bill Tinsley 1908 Panhandle 3311 2 35 North Denton, TX 76201 383-3544 tT(N)76205 382-8757 (H) D Christian Women's club Christian Business i professional Denton Warren women 259 Jeter De* e Barnes Argyle, TX 76226 1835 N. Locust Denton, TX 76201 817/464-3186 (H) 382-0790 (H) 566-1888 W Church Secretaries Association De ton Coou•nty Cooperative of Denton County Edwards Claudens Barber Susan 3311 I Edww 35 North Denton, 1565 Denton, TX 76205 Denton, TX 76202 382-1913 (W} 817/464-0186 H 382-3797 ~W 2 } E s Agenda No-- _ Date-~?- 2, /O Qeatoa Kinisters Association presbyteriam Women pev, John M- Braly Mary Evelyn Huey 1J3p Crescent 1114 W. University Penton, TX 76201 Denton, TX 76201 34 (H) 382-9458 (H) 387-3894 (W) lssaculate Conception Altar Women's Aglow Fellowship society Diana Lookabaugh Colleen Mitchell 2 Highview Circle 1215 N. Elm Denton, TX 76205 nton, TX 76201 566-2686 (H) 7/566-6550 (W) - aQUCAT1QUAL-QBg=2&TZ4]Et ? a111 ooiversitp Motherst Club Denton Education Association Dianne Mayfield Dorothy Watts .g 211/436-4491 (H) 2720 Mill Pond Denton, TX 76201 387-7832 (H) assoc. of TZ Professional DE8 Bronco Booster Club Educators Ron Crownover Maurine Richards 3710 Granada Trail 1517 Victoria Denton, TX 76205 Denton, TX 76201 382-0729 H) 3 117-7502 (W) 817/497-4044 (W) Denton Area Readinq Association DisLI Volunteer Advisory Board Jlll Johnson Bob Hardaway 1007 Coit 909 Linden Denton, TX 76201 Denton, TX 76201 163-2902 (H) 387-6025 Denton Area Retired Teachers international student i association foboiar office MW Jena Cole Rebecca Meyer or Linda Capps 120S Hillcrest P.O, Box 13795 4 Denton 76201 Denton, TX 76203 , TX (H) 565-2201 ! Denton Amoco. for the Education Liberty Christian pTA at Ycuaq Children Ann Stacy Z Sarah Essex A.O 214/638-3311 (W) . Box 23029 Denton, TX 76204 498-2321 (W) Denton County PTA Council LIIL1<0 Jaen schaake 71 Timbe Frank Davila Dentto o rgreen Circle P.0, Box 2387 n, TX 76205 182-4082 (H) Denton, TX 76202 387-6151 (W) 3 g Agandaw. Yf~, ~.~Z lten~ Agenda Da,e Q- 3 Music Teachers Association Texas Licensed Child Care 2422 Nottingham Association 2422 Denton, TX 76201 Ed or Sara Terry 808 Sherman 382-8563 Denton, TX 76201 382-fill (W) Texas Association of parents i sducators for the Deaf Janette Majors 1212 Hickory Creek Denton, TX 76205 383-8881 O~RD~RDEL ~Ls Denton Council of garden Clubs Sue Ann Fagan man's Garden Club 2016 Bernard John xnesek Denton, TX 76205 211 Goodson Way 387-2398 (H) Denton, TX 76205 566-6618 (H) 898-2351 (W) Denton Orchid society N&tivs Vlaat society of Texas Claude ude Cheek Trinity Forks Chapter "16 FM 1830 Argyle, 76226 Shelly Angel P.O. Box 23552 817/455-741 415 (H) Denton, TX 76204 817/455-740e (w) 382-1200 (H) The First African violet oaks Garden Club society Elizabeth Garcia 201nnis Crouch 1509 Broadway 2012 Lockalay Denton,. TX 76201 Denton, TX 76205 387-0800 (H) 382-4222 (H) Garden Culture Club ?last a Fray Garden Club Pat D Mavtha Bartel 1207 Meadow eadow Ridge 938 Smckerise circle Denton, T 76201 Denton, TX 76205 382-8920 ( (H) 382-4222 (H) toe i Qope Garden Club Firs. Bob Storrie Twilight Garden Club 600 Magnolia Little Grooms Denton, TX 76201 1001 Live Oak 565-0008 (H) Denton, TX 76201 382-9429 (H) Lily garden Club of Denton 09t Akey Denton, TX 76205 382-4068 (H) 4 } t Agewo. !M LQ3~L llem Agenda Date_ V-~ glaTORICAL 910MIATIONI Daughters of the American Denton County Genealogical Revolution society Dr. Louise Alton Mary Laiean Sherrill P.O. Box 1913 387-7474 Denton, TX 76202 367-8934 (H) , Daughters of the Republic Denton County Historical of Texas Commission and Xuseua Gaynelle Neale Norma Lynn Gamble 2106 Southridge P.O. Box 2800 Denton, TX 76205 Denton, TXW)76202 383-2106 (H) HUMAN M SOCIAL BERVICas American Association American Heart Association of Retired Persons (HARP) Gaylan Park Hal Frazier 382-3033 (H) 2500 Hinkle 1205C Denton, TX 76201 387-1648 (H) AIDB/Denton, Inc- American led Cross Paul Kinq Frank E. Hebb P.O. Box 13427 316 Dallas Drive Denton, TX 76203 Don 4tong T27072) 5 383-3540 (W) 21- 382-6323 (W Adult Children of Alcoholics Ann's Haven Hospice 201 S. Locust, Rm. 108 Auxiliary Denton, TX 76201 Dixie Clardy 382-5478 216 W. Mulberry Denton, TX 76201 382-5939 566-6550 (R)W Alcoholics Anonymous Big Brothers a sisters Abaloas Today Group Sandra Able* 5011 W. University 310 S. Dallas Denton, TX 76201 Denton, TX 76205 566-9110 (W) 383-4441 (W) rth Right of Denton American Cancer society hn Stacy Burkhalter di Van Igsn 5 N. Elm 120 S. Carroll 1 Denton, TX 76201 ~ Denton, TX 76201 387-6300 (W) 383-2626 (W) 5 Agenda No 42 7 Ageodaltem W- .106- compassionate Friends of Denton widowed Forgoes o?6 Korth Texas Prances Rodgers Shirley Ottaan 1406 (burchill 415 Mimosa Denton, TX 76201 DentonI T( H)76201 387-5248 (W) 387-1074 Crisis Intervention Eotline Empty cradle Support group Sonia Hecht Vickie McQueen P.O. Box 2632 Rt. 2 Box 633 M Denton, TX 76202 Denton, TX 76208 817/927-8684 383-1369 (H) 898-1427 Hotline 387-5921 (W) Denton Area Vegetarians Families of People with Patty Park Emotional Disorders 383-3858 (H) 1919 H. Elm Denton, TX 76201 38I-3262 (H) Denton County Campfire Pibromyalgia support Shirley Hensley Gayle Backstrou 919 S. Carroll 1102 382-0415 Denton, TX 76201 387-5661 (H) 382-0322 (W) Denton County Friends of the Poster grandparent frojeat Family Robert Sailer Donna Clayton or Cheryl Sutterfield P.O. }lox 368 P.O. Box 623 Denton, TX 76202-0369 Denton, TX 76202 387-3831 ext. 5103 214/219-2829 Metro) 387-5131 IV) Denton County Probation Poster Parents of Denton Advisory Council County Lloyd Webb Melody•Rockwell P.O. Box 1604 214/221-3910 (W) Denton, TX 76202 566-1402 (W) Denton Eusane society Gina Gohike P.O. Box 1972 Denton, TX 76202 362-PETS (W) 6 AcendaNo Date. 6 Goodwill industries of Denton Retired Senior Volunteer ogrAm Vicki Lee Merridee McClatchY 2030 W. University 1400 Crescent, Suite 7 Denton, TX 76201 Denton, TX 76201 566-0398 363-1508 (W) grandpw entts Raising grandchildren Salvation A Station Peggy 382-7163 (H) 221 N. Elm Denton, TX 76201 566-8182 (W) La Loch* League services program for Aging heeds Carol Eblen MAN) 305 W. Sycamore Al Murdoch Denton, TX 76201 1800 Malone 383-0417 (H) Denton, TX 76202 382-2224 (W) Xothers Against Drunk Driving "okers Rights (BADD) Denton County Chapter Helen Claxk Rt. 2, Box 312 C 566-3920 (N) Argyle, TX 76226 387-8814 (W) Narcotics Anonymous United Way of Denton County Better Late Than Never N.A. Pat Gobble 381-9128 525 N. Loc+ast Denton, TX 76201 566-5851 North Texas Area Polio Survivors Weight Watchers Teri Rheault Southridge Center 604 Coronado 2435 2 35 E. 1246 Denton, TX 76201 Denton, TX 76205 387-3164 (H) 1/800/792-1126 Overeaters Anonymous Women, infants i Children Jamie or Cindy prograa P.O. Box 124 Amanda Goff Denton, TX 76203 300 No Carroll, Suits B. TX 76201 56-6489 Denton, 566-©665 (W) 5655-1828 (H'8) frogreseive club Birder Johnson 1200 Duncan Denton, TX 76201 362-3437 (H) i 7 r rgendaNo -419 7 - am .12 Agendalt # Deter MEDICAL OA =-2ATI0Mm Denton County Medical Society Denton Ritaagqioaal Medical Janet McDaniel Center Volunteer auxiliary P.O. Box 50316 Dotti Ha an Denton, TX 76206 4405 35 566-3923 (W) Denton TX 176201 566-4044 (W) Denton County Medical Society IIaited Ostosy association Auzilissy Monica David Loyce Wilson 111 Strittmatter 15 Timbergreen Pilot Point, TX 76258 Denton, TX 76205 817/686-2463 (H) 362-2937 (H) Denton Diabetic Association Mrs. Joneen Heisler 4500 N. Locust Denton, TX 76207 387-9179 (H) Denton County Greeting Denton 3levooasros Club P.O. aBHorn ox 50582 164 i Chapparai Estates Denton, TX 76206 Denton, TX 76205 566-5959 (H) 817/497-3677 Denton mercoaarts Bridge Global iateract Lois Siler MIT Eospitality Prograa 2313 Yorkshire Laura Dam Denton, TX 76201 P.O. Sox 13795 565-1404 (H) Denton, TX 76203 565-2195 110LITICAL GsOU" American Civil Liberties Vnion Denton County Democrats (ACLU) Ted Lewis Paul Thetford 301 Dallas Drive Suits 120 P-0• Box 5022 Denton, TX 76209 Anton, TX 76203 566-3014 H 382-3028 (W) 566-1165 €WI Cross Tiaber Greens Denton County Republicans (Local ch ter of a social, Carl Martin political i saviroaaental 1222 Grove austainability group) Lewisville, TX 75067 Sharon Withey 214/436-5360 (H) 566-1273 (H) 8 II a agenda No~ Agendaltam, Date to 0?6 Denton County Taxpayers Assoo,, Inc. SLeague ondra of Women vot• Fay Hughes P.O. Box 24945 Ferstl D0.enton, Box TX 730276202 Denton, TX 76202 D 387-1443 (H) 383-5775 387-3012 (W) Denton Republican Women'r Club National Organisation for Shirley Spellerbarg women (Denton County Chapter) 3621 Lynchburq Valerie Blankenship corin 8thp TX 92 (6208 383-3733 (H) Jody Smith Kmorial Republican women's Club Janice Freeman 631 Sunset Court Argyle, TX 76226 817/464-3436 (H) PR01BA8I0NhL ORGANISATIONS American Business Women's Birth 7C►ouooiati Linda Kinnison dustrial Association GlennyStockard Linda Kinni 2301 Oak Park Dr. Denton, TX 76201 381-0520 (H) Business i Professional Women - Denton Coun Hazel Frederick ty Legal secretaries Zvonin Club q Cay McSpedden Hazel 1309 Panhandle 134 Terrace Road Denton, TX 76201 Sanger, TX 76266-9780 382-8638 (H) 817/458-7610 (H) 566-6139 W Business i Professional Women - IDn on county veterinary Noon Club Peggy Lower Dr. Neighbors y 14 Rolling Hills 2720 James Street Denton, Tx 76205 Denton, 'fX 76205 383-4256 383-3731 (W) Denton Central Business Denton lire righters Association District Association Ken Gold Millard Heath P.O. Box 2534 P.O. Box 3017 Denton, TX 76202 Denton, TX 76202 387-7901 (W) 383-1688 (W) Denton county Bar Association Debra Drayovich 215 E. McKinney Denton, TX 76201 566-8333 (W) 9 AgandaNa. Da1a rolsr~ioaal swretarie Denton Tersonnel association pmote atica mike Narramore nati P,O. Box 2704D Lin & Box 453 Denton, TX 76202 P.O. ox 76249 214/394-5610 6yrus, 17/482-6673 (H) Refrigeration service Engineers Denton Toastmasters Robin Wilson Terry Brantleyy 1841 S. Hayhill 2106 TX 76205 Denton, TX 76201 Dentonne , TX 382-4034 4H) 3 -2569 (H) 87 387-4876 (W) 382-2014 Greater Denton Board Of Realtors Engirt society Of tProtessioasl Engineers Linda ZacharY LeeAllison 1005 N. Elm Route 8 Box 95 ]87t8212 T(W) 76201 Denton, TX 76201 380-9453 (H) 383-7194 (W) Hone 6 Apartment Builders Gaited CaMeroial Travelers Association of America Rita or W.O. Bishop Fred Gossett 3900 Teasley 1} 61 600 S. Elm Denton, TX 76205 Denton, TX 76201 382-5083 (H) 566-2480 (W) al services Intsraatioaal Credit Association Hest T"as I Earlean Murphy 1►nita Farquson 121 W. Hickory P.O. Box 369 Danton, TX 76201 Denton, TX 75202 383-1406 (W) 381-9558 (W) Womsn+s Council of Realtors Professional IS-19024 Mild Care Jack Jenkins Suite ill Burnyte Scott 2220 San Jacinto Blvd., 1420 Brandywine 76201 Denton, TX 76205 Denton, TX 565-1960 (W) 387382--714167 11 (H) W) so scouts of Aterioa The Celtic society i Celtic Dan Richardson a cerribbl• 919 Carroll P.O. Box 24904 Denton , TX 7 201 Denton, TX 762C4. 565-9139 (H) 382 - 5650 (W) 387-8879 (H) 10 'v Agenda No Apeadaltem_ ev, .1 'J' - Ite__9 e2l-V-~5 T circle of children$@ authors Denton Early auto Club Jacqueline Stem Earl Mayo 2104 Foxcrolt 382-6643 Denton, TX 76201 387-8696 (H) Cross Timbers girl scout Council Denton Junior Optiaist Judo Judyy McMillian Club 4000 W. University Mike Woodson Denton, TX 76201 310 S. Elm 382-5134 (H) De ton, (W)76201 3-8710 Denton area Model Railroad Club Denton Junior Optimist xarats Bob Ticknor Club 321 E. McKinney Mike Woodson Denton, TX 76201 310 8. Elm 362-9775 H Denton TX 7(201 566-8270 ~W; 382-8710 (W) Denton astronomical Society Denton Outdoor Club John Lave Ross Pone 225 Green spring circle 1001 Parvin Sanger, TX 76266 Denton, TX 76205 817/458-7479 (W) 566-6136 (H) Denton Days baseball Denton Quilt Guild Patt Wes 387-2346 382-1485 Denton County Amateur Radio Denton soccer association aasociation Jane Malone Gerald Merchant P.O. Box 184 P.O. Box 50433 Denton TX 76202-0184 0enton, TX 76206-2314 382-3914 (H) 387-2314 (H) Denton county archers Denton. Tennis association Carl Dane Russ bulkins P.O. Box 326 2212 Woodbrook Aubrey, TX 76227 Denton, TX 76205 817/365-2677 382-4961 (W) Denton County 4-E Denton Nomenss boviing associatic Eddie Daggs Rose MOOie 101 E. McKinney 1206 3610 Macbey Denton, TX 76201 Denton, TX 76208 566-3607 817/497-3939 it i Agenda No -Ali Agentlaltem, 6dS Dale— oirl scouts of the Q.B.A. North Taws Fair Associat3Oa Carol Roberts James Roden 4000 W. University P.O. Sox 1695 Denton, TX 76201 Denton, TX 76202 382-6961 (W) 380-9521 (H) 387-2652 W Golden Triangle Chili Pod North Texas Shooters Association Jiv Griffin 362-6631 (W) 1914 N. Carroll Blvd. Denton, Tx 76201 383-2821 island Divers Top Tin Auto Club 1704 N. Elm Emory Groaning or Denton, TX 76201 La Davison 383-DIVE 382-9931 Emory 214-221-5188 Larry lion-Backers Bridge Club Trianglesquares 1112 Palmwood Place 016 (Square and Round Dancing) Denton, TX 76201 Toby Thomason 387-5292 382-6809 North Texas Chapter of Studebaker YNCh of Denton Drivers Dick Engle Fritz Poppppe 1117 Riney 2515 Hartlaa Denton, TX 76207 Denton, TX 76208 382-2515 (W) North Texas Chess Club Michael Borys 1515 Broadway Denton, TX 76201 566-3029 (H) American Legion Post /7i Denton Benefit League Dr. Warren Casey Lisa Patterson 1910 Emerson 1309 Gatwood Denton, TX 76201 Denton, TX 76201 387-4040 (H) 362-6660 (H) Benevolent Order of Biks Denton Blue Ribbon Club 134441 Weldon Burgoon Glenn Selman 345 E. Hickory 228 E. Oak Denton, TX 76201 Denton, TX 76201 362-1921 (W) 382-3310 (W) 12 . AeensaNo._.13'03 7~_ AgrdalferL, Denton Coisposits Squadron Lions Club Aasillary Francis Hank Air Partr i 825 A 825 Aileen Mai, Zealand Dean Denton, TX 76201 1220 Linden 6201 383-1493 (H) Denton, TX 7 382-2594 (W) i s3 Lions Club - frea><fut Dent Jan Carrington Roy Denton on loo y Stowrt P.O. Box 54 2912 Bristol 6201 Denton, TX 76202 Denton, TX 7 3824318 (H) 362-6622 (W) 382-1941 W Lions Club - si-Moon Denton Xivanis club - Breakfast A.L. Torres John Tompkins 1310 Windsor 2415 Royal Acres Denton, TX 76201 Denton, TX 76201 387-7387 (H) 362-3538 (H) lPAtirod PedirelatfsPloyies i61s Denton ftiwaais Club - soon Joyc• George Wa,q. Stephens 500 N. Bali Avenue, }211 2011 Mistywood { Denton, TX 76201 Denton, TX 76201 387-6323 382-6049 I Denton Lions Club Optimist club - fveniaq Jim Heath, D.L. Pauq all 600 Headlee Cor 1900 76201 Denton, TX 76201 Denton, , 'I' TX X 382-2131 (H) 382-3465 (H) timist Club - soon Denton Den Police Vivo$ Association Cparies Brown Suite l00 Stackard x 2112 207 W. Hickory, Janet o en Box Denton, TX 76201 Dton, TX X 7 76202 381-0201 362-2566 (H) ie 1is Pythias sisters, law Jaycees of Denton Helen McGovern Rhonda Collister 121 !ores! P.0 100 oenton, Box X 76202 Denton# T( Den 382 - 5421 ( (W) 362 6275 H)6201 MRaat fiacub - soon Kniqbtj of Columbus 14771 Gone m Cane Hartman P.0, Box 1622 1116 1i'Y Denton TX 76202 Denton, TX 76201 382-65is 387-6036 ( 362-5295 (HW? so club south xaights of Pythias, Ro Nelson Alan M Lodge 130 917 Cordova J.M. Janes Denton, TX 76201 387-0455 566-0266 (W) 13 qw~ vodaNo The eoroptiaist club veterans of Foreign war Neta Stallings Post 7705 1800 Broadwa Donald Be Petro or Bill wilds Denton, TX 6201 909 Sunset 382-0486 (H) Denton, TX 76201 387-2205 (Lodge) Stanfield Masonic Lodge #217 Veteis~uof port 316 Hi igu wars George wood 316 Highland Bonnie Wilde 909'Sunset Denton, TX 76201 Denton, TX 7620.E 382-5555 (H) 387-6073 (w) 387-2205 (Lodge) Triangle Lions Club Nelda Kisser 1903 Mercedes Denton, TX 76205 382-3700 (H) NoM= ORGUff 2101019 Alpha basins Delta Denton Alumnae Panhellenic Lisa Adams Molly Hook or patsy Patterson 1300 Be Hatcher 2215 Loopp 286 #400 Decatur, TX 76234 Denton, TX 76205 817;657-9022 383-2520 (W) Asierican Association of pantos Delta Gamma University women Jane Boone P.O. Sox 62 497-3836 (M) Denton, TX 76202 Beta sigma Phi Denton Grandowtherfs Club Sharon Huey Ole Brodie Rt. S, Box 140 H 719 Mar Denton, TX 76206 Denton, TX 76201 382-5263 (H) 387-7103 Delta Kappa Gamma 'at'1 Denton Aabeaoa L4498 0.8 Iota lots Bthol Wood Sidn yy 2i66r(e)ell 1812 Cordell Denton, TX 76201 3 3- 387-66p2 (H) Delta Pilots wives Club spsilos lips Alpha Lynn Thompson Kathy Fischer 2121 woodbrook 2324 Green Oaks Denton, TX 76205 Denton, TX 76201 566-4855 (H) 367-6636 (H) 565-3888 W 14 C Venda No.._ 9LL-9- t A9e%attem_ (VJ ~ C~te~,.~o?r9~~~6 ,y Extension soammker clubs ores s. Davis Rebecca li lkbf 1 of Denton County Leona McDaniel Barbara Fowler P.O. Box 35 101 E. McKinney *206 Denton, TX 76202 Denton, TX 76201 382-8626 (H) 566-3607 (W) Game phi Preceptor Gamma pi-beta sigma Phi Shirley Fargerson Ann Stumbaugh 1122 Woodmount 19 oak send Denton, TX 76201 Denton, TX 76201 383-8116 (H) 387-0666 (H) Gamma Pi Chapter of Texas !=tension sonemakers Data signs, phi Barbara Fowler Shirley Ferguson 101 E. KcXinney, Suits 206 1122 Woodmount Denton, TX 76201 Denton, TX 76201 566-3607 383-8116 (H) General ndaration of- !hats, Kappa Chapter of Women's Clubs Data sigma phi Louise Alton Lisa Kean Hitch P.O. Box 1913 565-1188 (H) Denton, TX 76202 387-8934 (H) General sbakespeare club Theta phi chapter of the Texas Jo Wilivorn state council of t.s.k. Into 825 Windsor Blaine Nato Denton, TX 76201 515 Pearl 387-6738 (H) 3g ton,, TX (H} 76201 3871300 (W) Nanny Brookshire Holcomb KT" FaaultT ra, Hoow Howard Ervdman 2403 Royal hem 302 Taxes Denton, TX 76201 Denton, TX 76201 387-8687 (H) 387-5653 (H) UP I& lapppa camm& domes of The University of Paula Verling North fez" 113 Sleepy Hollow Carol Richmond Lewisville, TX 75067 3+06 Cactus Circle 214/317-8601 (H) DB tone T~H}76201 3-2285 Mothers of multiples Ei Ns, of Data sigma Phi Helen Welborn Betty H e 1319 E. Sherman 387•d649 JVI HDenton, TX 76201 898-3444 383-1807 (H) order of the Eastern star Eupba wood 2409 Sherwood Denton, TX 76101 362-5558 (H) 15 ageadaNo _ 93 037 Agenda?tem~ ZNDSZ CLUB HMO A&M University Mothers' Club S AIDS/Denton, Inc. S Adult Children of Alcoholics Alcoholics Anonymous 6 Al ha Gamma Delta 14 Al rasa Club of Denton 1 American Association of Retired persons (AARP) S American Association *I Universiy Woman 14 American Business Wom's Association 9 American Cancer Society a American Civil Liberties Union (ACLU) s American Heart Association 12 American Legion Post #71 B American Red Cross Ann'■ Haven Hospice Auxiliary i Ariel Club 1 Arts Guild, The 2 Association of Christian Women Association of Taxes Professional Educators 3 Benevolent Order of Elks #2446 112 Bata Si s Phi B Big Bro hers i Sisters Birth R ght Qf Denton 6 Boy scouts of America 10 business i Professional Women - Evaninq Club 9 Business i Professional Women - Noon Club to Celtic Society i Celtic Dancers (The) Christian Business i Professional Women Church Secretaries Association of Denton County Circle of Children's Authors 16 compassionate Friends of North Texas 6 crisis intervention Hotline B Cross Timber Greens 1~ Cross Timbers Girl Scout Council Daughters of the American Revolution S Daughters of the Republic of Texas Delta Kappa Game Intl (Iota iota) 14 Delta Pilots {lives Club 14 Denton Alumnae Panhellenic 14 14 Denton Area Model Railroad Club 3 Denton Area Reading Association 3 Denton Area Retired Teechers Association 6 Denton Area Vagstarians 11 Denton Astronomical Society Denton Assoc. for the Education of Young Children 3 Denton Bach Society 2 Denton Baptist Association 12 Denton Benefit League 12 Denton Blue Ribbon Club 11 Denton Boys baseball Denton Central Business District Association 9 Denton Christian Women's Club 2 Denton Civic Ballet 1 Denton Community Band r- 4gerla No tae. Denton Community Chorus 1 Denton Community orchestra 1 Denton Community Theater 2 Denton Composite Squadron Civil Air Patrol 13 Denton Council of Garden Clubs 4 Denton County Amateur Radio Association 11 Denton County Archers li Denton County Bar Association 9 Denton County Campfire 6 Denton County Cooperative Ministries 2 Denton County Democrats a Denton Coluity 4-H li Denton County Friends of the Family 6 Denton County Genealogical Society 5 Denton County Greeting s Denton County Historical Museum S Denton County Industrial Safety Association 9 Denton County Legal Secretaries Association 9 Denton County Medical Society .6 Denton County Medical Society Auxiliary s Denton County PTA Council 3 Denton County Probation Advisory Council 6 Denton County,Republicans 6 Denton County Taxpayers Association, Inca 9 Denton County Veterinary Medical Association 9 Denton Delta Gamma 14 Denton Diabetic Association $ Denton Early Auto Club 11 Denton Education Association 3 Denton Fire Fighters Association 9 Denton Grandmothers' Club 14 Denton Handweavers Guild 2 Denton,Humane Society 6 Denton IOOF # 82 13 Dentor, Junior Optimist Judo Club 11 Denton Junior Optimist Karate Club .11 Denton Kiwanis Club - Breakfast 13 Denton Kiwanis Club - Noon 13 Denton Light Opera 2 Denton Lions Club 13 Denton Ministers Association 3 Denton Newcomer's Bridge e Denton Newcomer's Club I Denton Orchid Society 4 Denton Outdoor Club ii Denton Personnel Association 10 Denton Police Wives Association 13 Denton Quilt Guild 11 Denton Rebecca Lode #is is Denton Regional Medical Center s Denton Republican Women's Club 9 Denton Soccer Association ii. Denton Tennis Association li Denton Toastmasters 10 Denton Widowed Persons 6 Denton Women's Bovling Association iL DHS Bronco Booster Club 3 DIED Volunteer Advisory Board 3 Empty Cradle Support Group 6 S 4ueoddNO__ 0,3 ~ Epsilon Sigma Alppha Date Extension Homemaker Clubs of Denton County is 15 Families of People With Emotional Disorders Fibromyalgqia support 6 First African Violet Society (The) 6 Foster Grandparent Project 4 Foster Parents of Denton county 6 Gamma Phi 6 Gamma Phi Chapter of Beta Sigma Phi 13 Garden Culture Club i4 General Federation of Women's Clubs 4 General Shakespeare Club 15 Girl Scouts of the U,S.A. 1S Global interact VNT Hospitality Program 1a Golden Triangle Chili Pod 2 Goodwill industries 12 Granparents Raising Grandchildren 7 Greater Denton Arts Council 2 Greater Denton Board of Realtors 2 ltoe i Hope Garden Club 14 Hone i Apartment Builders Association 4 immaculate conception Altar Society 10 international Credit Association interrnnational StudentnieScppholar-Office VNT to island Divers 3 Jaycees of Denton 13 Jody Smith Memorial Republican Women's club 13 Kapppa ~ppta Qoororrity (Denton Alumnae) is Knigghts o! Columbus 14771 13 Kngthts of Pythias, Elm Lodge 030 13 EA Leache League 3 Leadership Denton Alumni 7 Libeerrtty Christian PTA 1 Lily Garden Club of f ton 4 ry 3 Lions Club Auxilia 13 Lions Club Breakfast 4 Lions Club Hi '.Noon Men's Garden Club 13 Mortar Board Alumnae 13 Mothers Aqainst Drunk Driving 4 Mothers of Multiples 1 Music Teachers Association 7 Narcotics Anonymous 17 National Ass ~o. of Retired Federal Eloes, 4 National 0rganization for Women (Dennton Caamty)618 19 Native Plant Sooiety Trinity Forks Chapter 4 NorthmTexas Areag Art iLeague North Texas Area Polio Survivors 12 North Texas Chapter of Studebaker Drivers 2 North Texas Chase Club 12 North Texas ShootersoAssociation 12 oaks Garden Club i2 Optimist Club - Evening 4 14 Agenda No------1~-`3"0 3 AgEg6allem.4 Optimist Club - Noon 14 Order of the Eastern star 15 orea E. Davis Rebecca Lodge #241 15 Overeaters Anonymous 7 P.E.O. 15 Plant i Pray Garden Club 4 Preceptor Gamma Pi (Beta Sigma Phi) i5 Presbyterian Woman 3 Progressive Club 7 Professional In-Home Child Care 10 Professional Secretaries International 10 Pythian Sisters, Temple #18 13 Refrigeration Service Engineers 10 Retired Senior Volunteer Program (RSVP) 7 Rotary Club - Noon 13 Rotary Club - South 17 Salvation Army 7 Services Program for Aging Needs (SPAN) 7 Smokers' Rights 7 Sigma Alpha Iota i Soroptimist Club (The) 14 Stanfield Masonic Lodge 1217 14 Texas Assoc. of Parents i Educators of the Deaf 4 Texas Exam UT at Austin - Denton Chapter 1 Texas Extension Homemakers iS Texas Licensed Child Care Association 4 Texa3 Society of Professional Engineers 10 Texas Tech Ex-Students 1 Theta Kappa Chapter of Beta Sigma Phi 15 Theta Phi Chapter of the Texas State Council 15 Top Tin Auto Club 12 Triangle Lions Club 14 Triangle Squares 12 Twilight Garden Club 4 TwU Alumnae Association 1 TWU Community Dance Center 2 TWU Dance Repi Cory Theatre 12 TWU Faculty wives United Commercial Travelora 10 United Ostomy Association 8 United Way of Denton Count 7 University of North Texas llumni Association 1 Veterans of Foreign Wars Past 2205 14 Veterans of Foreign Wars Ladies Auxiliary 14 Weight Watchers West Texas Legal Services 10 Women, Infants i Children Program (WIC) 7 Women of the University of North Texas 16 Women's Aglow Fellowshi 3 Woman's Council of Realtors 10 Xi Nu of Beta Sigma Phi 12 16 YMCA of Denton '-CITY:: --=COUNCI ~ooN o v; °°~oMacc ~°°°°v N y~ I i 4 3 ti N' I duo CITY of DENTON,TEXAS MUNICIPAL BUiLDINO / DENTON, TEXAS 76201 / TELEPHONE (817) 5684307 Office of the City Manager M E MO F2A1V DiJM T0: Lloyd V. Harrell, City Manager FROM: Rick Svehla, Deputy City Manager DATE: September 17, 1993 SUBJECT: Request of the Lake Cities for Fire Service This week, Chief Cook was approached by several representatives from the Lake cities to discuss fire service, and they have asked for another meeting next week. We think it is much too early to try to decide whether Denton can provide fire service to Corinth, Hickory Creek, or any of the other lake cities. We are suggesting that before anything is brought to the Council that we have sufficient time to negotiate and figure out what any or all of these cities want and what the cost would be. Minimally, we think it will take at least 90 days to work out any kind of agreement, and we would suggest that to the Council. Secondly, we think that in any kind of agreement we must make sure that we continue to staff appropriately for Denton. Additional services would require additional staffing and equipment, and those costs should be borne by the lake cities. If any kind of an agreement like this was worked out, it would have to be for the long term. Ultimately the long term could be beneficial for Denton, however, we think that we should proceed slowly and very deliberately if Council agrees with continuing the dialogue. If you or the Council has further questions, we will be happy to try and answer them at your convenience. We will plan to brief the Council in more detail at the Council Meeting of September 21st. pt~41 Rick Sveh a Deputy City Manager AMMOG359 RS:as I I I ----~COUNCI. V all ~ o c ~ ~tt o~ • a"O~JM GGD~~~~~ a ape~CeMo. AoMdal a .r Date CITY OF DENTON CITY COUNCIL MINUTES August 31, 1993 D The Council convened into the Work Session at 5:15 p.m. on Tuesday, August 31, 1993. PRESENT: Mayor Castleberryi 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; A. Legal Matters Under Sec. 2(e), Art. 6252-17 V.A.T.S. 1. Considered litigation against design architects of Martin Luther King, Jr. Recreation Center. B. Real Estate Under Sec. 2(f), Art. 6252-17 V.A.T.S. I 1. Considered purchase of land on roster Road. C. Personnel/Board Appointments Under Sec. 2(g), Art. 6252-17 V.A.T.S. 2. The Council received a report and held a discussion regarding the submission of the Denton Rails to Trails project and University Drive landscaping as candidates for Statewide Transportation Enhancement funding and gave staff direction. Frank Robbins, Executive Director for Planning and Development, stated that the Texas Department of Transportation had notified the City that enhancement funding had to be submitted by November 60 1993. The North Central Texas Council of Governments had notified the City that submission to them would be in mid-October. This program was part of the 1991 ISTEA, which provided for 10% of federal highway funding to states to be spent for enhancements on a 80% federal-201 state or local match basis. Two projects likely to received funding were the Rails to Trails project and the University Drive landscaping project. The Rails to Trails program would cost $400,000 which included $50,000 to move and renovate the train station. The train station project could be a separate project from the Rails to Trails project. The University Drive landscaping project would cost approximately $149,000. The project would include an entranceway at IH35 to Mesa; trees, grass and irrigation in the three medians; grass and irrigation in existing medians - Malone to Alice;, and grass and irrigation in existing medians - Alice to Carroll. Four miles of the project were in the city limits of Corinth and they had indicated a favorable response to the proposal. i ~endaNo - 00 ApendaltenL_.~' (ate City of Denton City Council Minutes August 31, 1993 3 Page 2 Council Member Brock asked if Corinth would make parks along the trail. Robbins replied yes that they had indicated such. The State widening of University Drive to six lanes was scheduled for the year 2000 - 2001 and was an issue in what the City would do with the medians. Most of the existing medians would not be present after the reconstruction with only very narrow median lanes remaining. The three medians from Malone to Alice would have an area for plantable trees. An alternative would be to plant those areas now with grass to look like the other medians recently completed. There was a resolution which the Council would consider at the Regular Session and contained two blanks for the amount of money the Council wished to spend for the two projects. Council Member Brock asked what kind of iniication the city had that the University Drive landscaping project was what the State would be interested in funding. Robbins replied that the State required a specific kind of project such as landscaping, which was a category qualified for the funding. Council Member Perry asked that if the City was successful in receiving the funding, what amount would the City be responsible to contribute. Robbins replied that the project would be an 80/20 split. Whatever the Council decided to do, the City would be responsible for 20% of the project cost. Council Member Perry asked about the Mesa project. Robbins replied that trees would be planted on the outside of the area with pavestone in the middle of the island. Mayor Castleberry stated that in regards to the train station, there was no site selected for the station and there would be operation and maintenance costs with possible vandalism. Council Member Miller felt that the proposal as recommended made sense and that the resolution should reflect those figures. Mayor Castleberry asked if the train station would have to bo moved in 6 months. Robbins stated that it would have to be moved in three years. I a 4pendaNo- Agendaltem- K6 ° Gate 9 d2~=3 City of Denton City Council Minutes August 311 1993 D Page 3 Mayor Castleberry indicated that he understood that the Railroad would wait only 6 months before destroying the building. Robbins replied that he had no knowledge of that. Council Member Chew felt that the station should be included in the proposal for the best chance of receiving the funding. Mayor Castleberry asked about the time frame for receiving the funding. Robbins replied that the funds could potentially be received within 6 months as next year's applications would be due in January 1994. 3. The Council considered a report and the adoption of an ordinance amending the City's solicitation ordinance, Catherine Tuck, Administrative Assistant, stated at its last meeting Council had requested an ordinance relating to this issue. options for the Council included passing the ordinance as presented, make amendments to the proposed ordinance or ask for further discussion. There were two ordinances for council consideration. One had an insurance requirement while the second did not. The permitting process would be through the Police Department with a 15 day prior notice for the application process. Two solicitation permits per year for three days each per organization would be permitted. The hours of solicitation would be from 7sOO a.m. - 7:00 p.m., Monday through Saturday. An individual would need to be ie or older and the organization would be required to provide solicitors with safety vests to be worn at all times. The application would include a description of the organization and location of its headquarters, the purpose for the solicitation, a description of who or what organization would be receiving the funds, a description of solicitation methods, the dates for solicitation, a disclosure statement for each conviction of a crime for the applicant or any agent of the applicant, an affidavit that 75% of the money collected would be used to benefit the stated purpose of the solicitation, proof of tax exempt status, and the execution of a hold harmless and indemnification agreement. The organization would also be required to provide -roof of insurance with limits of at least $1,000,000 per person, ;F,0000000 per occurrence and $100,000 for property damage. The approximate cost to an organization for $1,000,000 instead of $5,000,000 of insurance would be $3,500 for a year coverage or $1,500 for a one day policy. Many of the smaller organizations probably would not be able to obtain such coverage. Because there was a penalty clause associated with the proposed ordinance, the City Attorney had advised her that the ordinance would have to be published in I w Age~dalSe~~---- Date City of Denton City Council Minutes August 31, 1993 Page 4 the newspaper for proper notification. Council Member Cott asked if there were a way to bypass that notification requirement for the newspaper. City Attorney Drayovitch stated that the law did not require the adoption of ordinance in order to grant an exemption. The State law indicated that no person could solicit in the roadway except that a charitable organization might stand in the roadway to solicit contributions if authorized by the local authority. That authorization did not require an ordinance. If the Council repealed the existing ordinance, which was not on the agenda, the council could grant an exemption if it had received such a request. Council Member Cott asked that if the Council repealed the existing ordinance, could it grant an exemption. City Attorney Drayovitch stated that the exemptions would be granted on a request only basis or have a permitting procedure. Council Member Cott asked about the individuals who held car washes on University Drive. If the Council adopted an ordinance with an insurance provision, would they be required to have the insurance. City Attorney Drayovitch replied that if the ordinance were enforced, they would be required to have the insurance. Council Member Miller stated that there were two aspects of this issue. one was the immediate request of the fire fighters which he felt the council would not be able to move in time for that request. The second aspect was if the Council wanted to repeal the current ordinance. There were court decisions which might effect any decision of the Council and it had been suggested that if the Council only allowed charitable organizations to solicit, the provision might not hold up in court. His suggestion would be to keep this a priority item and have staff and Legal provide Council with consequences and recommendations regarding the proposal. He did not want to hurry the process and wanted more information such as how other cities proceeded with their provisions. Council Member perry asked that if Council maintained the present ordinance, were there any provisions for exceptions. City Attorney Drayovitch replied no. Council Member perry stated that he was willing to discuss a proposed ordinance at this time but was not sure if he would be in favor of repealing the current ordinance. He was not sure that the F V' k AgendaNo. 93 "D3 Apeodaltam ,e6-'" 11 1-" Date:2~ City of Denton City Council Minutes August 31, 1993 vjJ Page 5 current ordinance was not the best for the City. Council Member Brock stated that the provisions of such an ordinance needed to be studied very closely from a legal perspective and the Council should not rush into any changes. Council Member Chew did not want to study the proposal for an extended period of time but to make a decision as soon as possible. The current ordinance was not being enforced and as a result the fire fighters were being penalized by not being able to solicit for their charity. He questioned if there were a way to allow the fire fighters to solicit this year. Mayor Castleberry stated that there was nothing the council could do at this point unless it held another meeting before the date required by the fire fighters. Mayor Pro Tem Smith stated that neither of the proposed ordinances were in the guidelines suggested by the Legal Department. She agreed with council Member Chew that the council would like to grant a special privilege to the fire fighters but that could not be done. She felt that the City was falling down on enforcing the ordinance and that was a dangerous situation. City Manager Harrell stated that he would work with the Police chief and indicate the Council's strong desire that the ordinance be aggressively enforced. The ordinance had been enforced but a greater effort would be made to control those situations. Council Member Miller indicated that he was in favor of proceeding with a draft ordinance for future study consideration. Council Member Brock stated that the Council had not been continuing to discuss this item during the yea', as Council had voted 4-3 to drop the issue and did not want any changes in the current ordinance. Council was not dragging the issue as it had decided to not consider the issue any further. Mayor Castleberry indicated that the consensus of the council was that there was nothing it could do at this meeting, that it would continue to look at the issue, to take more time to study the issue but not a substantial period of time and was interested in stricter enforcement of current ordinance. 4. The Council received and considered a recommendation from the 191 Committee regarding amendments to the 5 year Capital Improvement Plan and gave staff direction. AgendaNO Agenda It Date 9 a/-q3 City of Denton City Council Minutes '3 August 31, 1993 Page 6 61~ Rick Svehla, Deputy City Manager, stated that Council had made a prior decision to use existing sold bond money to help with the 1993-94 CIP plan for road construction and street projects. There were several categories in those two years which dealt with specific kinds of projects such as reconstruction of streets. Council had asked for a recommendation from the 191 Committee. The Committee approved the list of projects entitled 1193-94 CIP Projects $1,318,250" which was included in the agenda back-up. Council Member Perry asked if the Opticom system was included in this project. Svehla replied no that it was in the ISTEA project from several months ago. Council Member Perry asked for a schedule for the Opticom system. Svehla replied that it was a three year program but that there was difficulty in getting the Highway Department to move on the projects. Staff was preparing a report for Council. Consensus of the Council was to proceed as suggested by staff. 5. The Council received a report and held a discussion regarding the proposed utility rates. Due to a time constraint, this item was considered during the Regular Session under Miscellaneous Matters from the City Manager. The Council convened into a Special Call Meeting on Tuesday, August 31, 1993 at 7t00 p.m. in the Council Chambers. PRESENTS Mayor Castleberry] Mayor Pro Tem Smith) Council Members Brock, Chew, Cott, Perry, and Miller. ABSENT: Ilona 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of the Regular Meeting of August 3, 1993 and the Special Call meeting of August 10, 1993. AgeodaNo Apendaltem Date J City of Denton city council minutes August 31, 1993 Page 7 Smith motioned, Chew seconded to approve the minutes as presented. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Public Hearings A. The Council held a public hearing regarding the adoption of the proposed 1993-94 City of Denton Annubl Program of Services. The Mayor opened the public hearing. Ken Gold stated that he was requesting again that the Council give the majority of fire fighters an averaga raise as the rest of the City employees would be receiving. Four out of five fire fighters did not receive step raises and they would be receiving a 4% across the board increase unless Council took another action. The fire fighters provided central services to the City and deserved an average raise. The fire fighters needed more pay and not more types of pay. Judy Spalding stated that she was in support of full funding for the human services recommendations. The need for services in the community was rising and the available resource sources were continuing to fall. She was involved in the Teen Parenting Program through the Denton ISD and that program needed the City's funding to continue. She urged the Council's consideration of full funding of the Human Services Committee's recommendations. Dorothy Damico stated that she was speaking on behalf of the Human Services Committee. The Human Services Committee had recommended funding to eight agencies which includod - (1) Friends of the Family and the City-County Day Nursery which provided day care for young parents, (2) SPAN which provided meals and homemaker services to the elderly, (3) RSVP which provided a service to keep retired people actively voluntee.ing in the community, (4) Friends of the Family which provided counseling and shelter to families who were victims of violence, (5) Community Food Room which provided emergency food for individuals in unsettled situations, (6) HOPE which provided counseling and financial assistance to households at risk of becoming homeless, (7) Teen Parenting Progran provided day care for children so that parents could stay in school. The Committee had received requests for funding of needs which needed to be met but that could not be '•!nded for financial reasons. She asked the Council to fund the r;ount recommended by the Human Services Committee. a Agenda No _x"03 Apeadaltem r,S Da to L~l City of Denton city council Minutes ~a 3 August 31, 1993 D Page 8 Alton Donsbach stated that he would like to see City finances, taxes, programs of services, etc. projected into the future. There was a theory that there was a limitation of only a certain amount of money to fit into available resources. He felt that should be turned around as these were services to keep Denton functioning and the theory should be how to make the dollars work for those needs and services. If the City needed more money, the Council needed to let the citizens know that situation. Businesses projected out into the future and the City needed to do the same. Kathy Devine stated that she had some questions for the City Manager. She understood that the present budget was based on an increase in property tax. City Manager Harrell replied that the proposed budget which had been presented to Council was predicated on an effective tax rate which was $.7490. Devine stated that with the increase in proposed taxes, there would still be a revenue which was $500,000 less than expenditures. City Manager Harrell stated that Devine had indicated that there would be a tax increase. The effective tax rate would actually bring in the same amount of property tax revenue as last year. The City Council, at least in the past, had traditionally adopted a phiundlobalancesophy To get to 101 level, it was true approximately that somafund balance had been used from previous years. Devine stated that it would be fair to say that the proposed expenditures were $500,000 larger than proposed revenues. City Manager Harrell re=plied that that was correct provided that the assumption was made that all of the expenditures would be met at 1001 and all revenues. Traditionally that was not the case, but if that did happen in that manner, the answer would be yea. Devine stated that three years ago her business had a problem in that she had a 509 decrease in revenues and she had asked a bank for a loan. She was told by the bank to cut expenses by 501 which she did and now her business was doing well. Deficit spending was not working at the federal level, did not work for a family or business and she felt it would not work for the City Council. She recommended that Council cut expenses and suggested beginning with the utility miscellaneous category, Jane Malone, President of Denton Soccer Association, stated that her concern was regarding an item which would be an expense for tl AgendaNO_.!91 9J7 Agendalterrl_. ~ - Date_ _2d1=~3 City of Denton City Council Minutes 9 August 31, 1993 Page 9 sports which was not in the budget. She was concerned that not all items were indicated in the budget and money would have to be found later at the children's expense. Ken Dickson stated that he was in support of the items in the budget relating to recycling. Quality of life and environmental stewardship were themes for the future of Denton. Recycling was an area in which Denton could do much with great opportunities in the Citye He encouraged the Council to keep in the budget the options for landfill needs and the recycling coordinator to focus the needs and direction of the programs. He also encouraged the Council to expand the drop-off programs. He stated that Council should take a logical first step to a recourse recovery program and approve the proposals for recycling. Sara Carey spoke in support of the Human services committee recommendations. She worked with the North Texas Community Clinics which received CDBG funding and enhanced the organization's ability to receive other funding. The Clinic was contributing to the quality of life in Denton and she requested council consider the funding allocations which were recommended by the Human Services Committee. Joe Dodd stated that property was worth less in the city and residents would be charged more for it. He resented the Counoil's actions when the Council lacked the sensitivity and creativity to live within the city's means. He did not expect the Council to change but felt that the Council should feel bad about what it would do to the citizens. Byron Woods stated that page 99 of the budget indicated the number of City employees per 1000 residents. In 1985, there were 11.3 employees per 1000 residents. In this year's budget there would be 13.5 employees per 1000 residents which was a 20% increase. He questioned if the City could do more with less. He suggested having fewer employees making more money and doing more. Through attrition would it be possible to work with the optimum number of employees and give those employees a pay raise. Troy Glenn stated that there was no need to increase taxes. The Council needed to cut expenses and he advised Council that it was not wise to increase taxes. The Mayor closed the public hearing. i r 400da No -1 DJ' Agendaltem P-6 ;2- City of Denton city council Minutes [ktB ~~~1.3 August 31, 1993 /3 Page 10 D 4. Citizen Reports A. The Council received a citizen report from Todd Sons regarding A.M. Baker's produce stand on Mingo Road and Ruddell Street. Mr. Sons stated that on June 21, 1993, Mr. Baker receive a call from Ron Rais indicating that the City had received complaints concerning his produce sale at Mingo and Ruddell. Sons had not been able to track down any complaints and only had a letter of complaint which had no date and had the name blacked out. The second paragraph of the complaint had some questionable statements. It indicated that complaints had been made to the Traffic Control Department about cars parked on Ruddell which caused a hazard for those turning off of Mingo onto Ruddell. Sons indicated that he had a copy of the 1991 traffic work orders and there were no complaints for that intersection indicated. A second item was that Mr. Baker was never informed to move any distance in any direction from the street. In 1991 Ron Rais stated that Mr. Baker was in violation of the zoning for a multifamily-1 location. He suggested that Mr. Baker make application to rezone the area and that he could continue to sell produce until the application was completed. Upon starting the paperwork, Ms. Mitchell from the Planning Department indicated that the rezoning would be a waste of time and money. Mr. Baker began making arrangements to move his business to a location on East Oak Street. After talking again with Ron Rais about the East Oak Street location, Mr. Rais indicated that he had found an old statute which would allow Mr. Baker to remain on Ruddell and Mingo. Roby Baughman was present at that meeting and Ms. Mitchell indicated that if Mr. Baker received any complaints, individuals could call her. Under those circumstances, Mr. Baker bought the rest of the lot understanding that he had the right to sell produce from that area. The written complaint indicated that other sellers had joined Mr. Baker on the property with larger trucks bringing in the produce. Sons stated that there were never any other sellers with Mr. Baker and Mr. Baker only had two regular sized trucks. Sgt. George with the Police Department had indicated to Sons that he had never observed a traffic problem in the area. Mr. Baker always complied with whatever was required and Sons was asking to allow Mr. Baker to have his business back. Frank Robbins, Executive Director for Planning, stated that staff did tell Mr. Baker that he could continue to sell his produce at the site which was a mistake. At the time, Code Enforcement t The hought that this would be a use which would not cause a problem. expanded to a expanded the asked the buildings a not also built on the property. The City did receive a complaint. Cars e AgendaNo ltero 925 Agenda Dale y a?/- City of Denton city council minutes August 311 1993 Page 11 were observed by staff to park in the street and buy produce from the property. This was a zoning violation and a safety issue. Staff tried to communicate to Mr. Baker in 1992 that if there were c would be asked to ontinued problems such as individuals stopping in street that he discussed with Mrs leave. on a three occasions happened t.entialhof solving the problem with the completion of a planned development zoning. Council Member Cott asked what was wrong with selling the produce in 1992 with the zoning in place. Robbins repplied that retail sales were not allowed in a multi- Zoning Ordinance which prohibited across theicurbpsales. in the Council Member Cott asked if agricultural sales were the same as retail sales. Robbins relied yes, Council Member Perry asked if staff had followed through with the complaint of traffic slowing and making a hazard in the area. Robbins replied that he had seen individuals parked near the intersection. Council Member Cott asked if staff was working on a planned development with Mrs. Baker. Robbins replied that staff was having discussions with Mrs. Baker. Sons replied that that action would cost Mr. Baker approximately $600-800 to move 25 feet from curb. Council Member Cott asked Sons what was an alternative for Mr. Baker. Sons replied that from Mr. Baker's perspective, he would have bought the property on East oak Street and would not have continued to buy land where he did. He questioned what happened to the old statute which allowed him sell the produce in the past. Why did that not apply in 1993 as it did in 1991. City Manager Harrell stated that the basis for the misunderstanding was that when Mr. Baker was contacted in 1992, he felt that he was told one thing whereas the documentation in the files indicated that the conversation dealt with the fact that Mr. Baker could Agenda No AgflndalAa'A 02 lbte-'j-a_'. ,:i City of Denton City Council Minutes fob 7b~'?3 August 31, 1993 D Page 12 continue to operate but if further complaints were received, the City would have to take some kind of action. In 1992 it was an innocent use of the land with no complaints. When a complaint was received in 1993, the City had to enforce the regulations. Sons replied that the 1993 complaint had items in it which were not true. Mr. Baker had an opportunity to move to East Oak Street and did not because he was sure he could stay where he was. B. The Council received a citizen report from Dessie Goodson regarding general issues affecting the City. Ms. Goodson stated that the code enforcement ordinance for the 30 day requirement for high weeds and grass violations was confusing. There was a noise ordinance and yet Council granted an exemption to Kahunas which disturbed the neighbors. The community was upset and demanded an explanation as to how an unqualified individual such as Mike Alexander could be appointed to the Animal Advisory Board. She asked Council if they were aware of how upset individuals were regarding the elimination of the SPAN trolley stop at Nottingham and Emerson. She had started a petition to have the trolley stop returned. She had appeared at the Council on May 10 with 10 issues and so far only 2 had been resolved. 5. Public Requests A. The Council considered an exemption to the noise ordinance for the First Baptist Church of Krugerville on Saturday, September 11, until 11100 p.m. at the North Texas State Fairgrounds. Catherine Tuck, Administrative Assistant, stated that this request was for a fund raiser for the Church's building fund. The exemption would be until 11:00 p.m. Council Member Perry asked where the event would be held on the grounds. Rev. Redfearn, Pastor of First Baptist Church of Krugerville, stated that the event would be held in the rodeo arena. Council Member Perry asked if they would be using that speaker system. Redfearn stated that there would be three separate quartets with their own sound system. d 4pendaNo Apendaltem.'e S Date ~ ~ ~ ° ,Z~ City of Denton city council Minutes August 31, 1993 v Page 13 Council Member Perry asked why the Church needed an exemption past 10:00 P.M. measure as recautionary Redfearn p be the possibility that they would go ovean hour. Brock motioned, Miller seconded to approve the request. On roll vote Brock "aye", Cott, "aye", Miller "aye", Smith "aye", chow "aye", Perry "nay", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution temporarily closing a 20 foot portion of Avenue E from a point 100 feet north of Eagle Drive to a point 120 feet north of Eagle Drive on September 18, September 25, October 9, October 23, November 6 and November 13, 1993 for pedestrian safety during UNT home football games. Catherine Tuck, Administrative Assistant, stated that the request was from the UNT Athletic Department. A small portion of Avenue E for three hours for games,the would be closed Advancement Center and Avenue E to Fouts pedestrian Field for safety between council Member Brock asked how traffic would be diverted in the area. Eric areas Jackson, would be staffed and officers would take care of that control. The following resolution was considered: NO. R93-049 A RESOLUTION TEMPORARILY CLOSING A 20 FOOT PORTION OF AVENUE FEET NORTH OOFTEAG100 FEET LE DRIVE; R AND PROVIDING AN EFFECTIVE POINT DATE. 20 Perry motioned, Brock seconded to Miller approve "aye", hresolution. s aye On Croll hew vote, Brock "aye", Cott, "aye", M "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Perry motioned, Smith seconded to approve the Consent Agenda as presented. on roll vote, Brock "aye, Cott aye , Miller aye , Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". IL 6 +gendaNo_ x-037 agendaltem fG'5_ We .a City of Denton City Council Minutes ~~G3 August 31, 1993 77 Page 14 Motion carried unanimously, A. Bids and Purchase Orders: 1, Bid 01529 - Precast Manholes 7. Ordinances A. The Council considered adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services. (5.A.1. - Bid 11529) The following ordinance was considered: NO. 93-152 AN ORDINANCE ACCEPTING A COMPETITIVE BID 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. Smith motioned, Perry seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, 'laye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council consider adoption of an ordinance authorizing the City Manager to execute an agreement with First Southwest Company for professional services in accordance with the provisions of State law exempting such services from the requirement of competitive bids. John McGrane, Executive Director for Finance, stated that the ordinance allowed for a contract with First Southwest Company for the calculation of arbitrage. Positive arbitrage occurred when the interest income from the proceeds of a bond sale exceeded the bond payments. In that case, federal law required the City to rebate to the federal government that amount of interest earned. The following ordinance was considered: i A MdaNo Agenda II g *`.2 City of Denton city council minutes Date August 31, 1993 /s Page 15 NO. 93-153 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FIRST SOUTHWEST COMPANY FOR PROFESSIONAL SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH SERVICES FROM REQUIREMENTS OF COMPETITIVE BIDS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Cott motioned, Chew seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The l consider the City ManagerCounci to execute, on adoption ofathe City of aDenton# an interlocal agreement with the Texas Water Commission for the acceptance of grant funds to be utilized to implement a used oil recycling program. Bill Angelo, Director of Community Services, stated that the Council had earlier authorized staff to submit a grant request to the Texas Water Commission for the expansion of the City's used oil program. The City had received the grant offer from the Commission in the amount of $200000 which would allow the City to install five used oil receptacles. The City's obligation would be to provide for the disposal of contaminated oil collected at the centers. This should not exceed over $6000 for the next year. The following ordinance was considered: NO. 93-154 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE, ON BEHALF OF THE CITY OF DENTON, AN INTERLOCAL AGREEMENT WITH THE TEXAS WATER COMMISSION FOR THE ACCEPTANCE OF GRANT FUNDS TO BE UTILIZED TO IMPLEMENT A USED-OIL RECYCLING PROGRAM; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Brock "aye", Cott, "aye", Miller "aye" Smith "aye", Chew unanimoPerry ,layell' and Mayor Castleberry "aye". Motion carried 8. Resolutions A. The cil the submissionCofntwo considered approl of a resolution entralrTexas Q lgendaMo- 3 O. mare ~-a/ - 93 City of Denton City Council Minutes (/~a3 August 31, 1993 D Page 16 Council of Governments and the Texas Department of Transportation as candidates for Statewide Transportation Enhancement Funding. The following resolution was considered; NO. R93-050 A RESOLUTION APPROVING THE SUBMISSION OF TWO PROPOSED PROJECTS TO THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS AND THE TEXAS DEPARTMENT OF TRANSPORTATION AS CANDIDATES FOR STATEWIDE TRANSPORTATION ENHANCEMENT PROGRAM FUNDING; AND PROVIDING FOR AN EFFECTIVE DATE. Perry motioned, Smith seconded to approve the resolution with the Rails to Trails amount of $400,000 and the University Drive amount of $149,000. On roll vote, Brock "aye", Cott, "nay", Miller ',aye',, Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered approval of a resolution approving the fiscal year 1994 financial plan of the DENCO Area 9-1-1 District, pursuant to Article 1432e V.A.T.A. John McGrane, Executive Director for Finance, stated that Mike Pedigo was here to present the item. Mike Pedigo, Executive Director for 9-1-1, stated that State legislation required a financial plan to be presented to each of the cities it served and required a majority approval from those city councils. With the growth in the County, the Denco district experience a growth in revenues and was able to maintain the 31 service fee. The projected actual growth for next fiscal year was 4.74 in revenues which was 114 over last year. A 34 increase was anticipated in expenses and of that 34 there was a small increase in personnel costs. There was a 274 increase in direct services as a result of a contract service approved by the Public Utilities commission with the phone company. Another reason for the increase was due to an increase in customers serviced. During the year, Denco provided for over 98,000 911 calls in the District and of those 22.64 of the calls were in Denton. An emergency medical dispatch program had been started and in the next fiscal year they would be purchasing a new switching system. other objectives for the next fiscal year included a feasibility study to -,ombine efforts of the various jurisdictions to make them more efficient and two additional classes for the senior population and uses in businesses. The following resolution was considered: F' agenda No 4~-5-037 AgoidaI I Wte 9 ai- q~ City of Denton City Council Minutes / 7 ~a August 31, 1993 Page 17 NO. R93-051 A RESOLUTION APPROVING THE FISCAL YEAR 1994 FINANCIAL PLAN OF THE DENCO AREA 9-1-1 DISTRICT, PURSUANT TO ARTICLE 1432E V.A.T.A.; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller Faye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council consider approval of a resolution authorizing the City Manager to execute a public transportation contract with the Texas Department of Transportation for funding public transportation. Council Member Chew left the meeting with a potential conflict of interest. Catherine Tuck, Administrative Assistant, stated that the resolution authorized the City Manager to sign an agreement to receive grant funding for public transportation in Denton. The following resolution was considered: NO. R93-052 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Perry seconded to approve the resolution. Council Member Cott stated that he had a problem voting for a grant without a budget from an organization. He felt SPAN should have had a budget for council consideration as well. Tuck replied that when the grant agreement came to Council in April, a budget was included. As not all funding sources were in the same budget process, the City followed a planning process which began in January. on roll vote, Brock "aye", Cott, "nay", Miller "aye", Smith "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried with a 5- 1 vote. ~gendaNo..1 'O3 ltem P.5 a Agenda (ate / 43 3 City of Denton City Council Minutes August 31, 1993 Page 18 9. The Council considered approval of a resolution approving an application to the Texas Water Commission to amend certificate of Adjudication 08-2340 which changes 51 acre foot per annum of the 89.28 foot per annum of irrigation water rights to recreation water rights. i Council Member Chew returned to the meeting. Bob Nelson, Executive Director for Utilities, stated that the Parks Department was planning on building three retention ponds in South Lakes Park. Those ponds were for some flood protection but would also have surface water. Due to evaporation, approximately 16.6 million gallons of water would be consumed annually. As there were no more water rights available in the Trinity River Basin and the Elm Fork of the Trinity River Basin, there was a need to amend the municipal water purpose water rights for the application. Rather than deal with the municipal rights, the irrigation water rights would be used. Action was required by the Council to approve that application. The following resolution was considered: NO. R93-053 A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING AN APPLICATION TO THE TEXAS WATER COMMISSION TO AMEND CERTIFICATE OF ADJUDICATION 08-2340 TO INCLUDE A 51 ACRE-FEET PER ANNUM OF RECREATION WATER RIGHTS. Perry motioned, Chew seconded to approve the resolution. On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye'f, Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered appointments to the Traffic Safety Commission, the Community Development Advisory Committee, the Electrical Code Board, and the Historic Landmark Commission. Mayor Castleberry asked if Council would likb to have nominations at this meeting and vote a week later. I Consensus of the Council was to follow that procedure. The following nomination was made: Council Member Perry nominated Kenneth Morgan to the Historic Landmark commission. i nSr7 _ -ondaNo ~ - ~ Agendallem Date _ 23 City of Denton City Council Minutes 310 August 31, 1993 Page 19 11. Miscellaneous matters from the City Manager. The council considered work Session Item 15. 5. The Council received a report and held a discussion regarding the proposed utility rates. Bob Nelson, Executive Director for Utilities, stated that the existing structure would not be changed very much. There would be a 2% increase in the base electric rate and a 1% increase in the energy cost adjustment for a total 3% increase. The water increase would be 4%, the wastewater would be a 13% increase, solid waste would be a 5% residential increase, and an 8% commercial increase. He showed overheads detailing how the increases would affect an average residential customer. The total increase would be approximately 4.63% or $5.68 per average residential customer. Council Member Chew asked approximately what percent of the increase was due to the recycling program. How much would it cost to maintain recycling at its present program. Nelson replied that the City was doing some recycling at the present time and that was included in the current rates. Council Member Cott stated that the Utility System currently had $40 million in reserve. The Public Utilities Board had stated that approximately $30,000,000 would be used over time in order to alleviate had such a smalls reserve. The City had fa TMPA debt and an which Ray Roberts de business suggested had been financed w due to the fact that the wastewater bus with that debt. Nelson replied that the Wastewater Department was in debt to the Electric Department for approximately $6 million. Council Member Cott asked for information on what were the TMPA financial obligations and the Ray Roberts obligations and why the Public Utilities Board recommended going down to $10 million and not leave the reserve at $40 million. per year debt service Nelson efor debt service. itThey iwere inc reasig that approximately 3-5% per year on the increasing debt. The City also paid them a fuel charge. The Public Utilities Board looked at how to keep the City's program rates competitive and decided that using the $40 million reserve would be the best solution. The average yearly usage would be $3 million per year. This was done to keep the rate increases down. Agenda No_ Agenda I lek-&I L~te_ L-a/- City of Denton city council minutes C~d August 31, 1993 Page 20 Council Member Cott asked for an explanation for also using the reserve for the Ray Roberts issue. Nelson replied that nothing from electric would be used for Ray Roberts. The City was required to pay 52% of the debt on Ray Roberts and could postpone the use of the other 48% of the water storage rights for 10 years which would be up in 1998. The City0a first budget year to pay the remaining debt service on the 48`t would be 1999. City Manager Harrell stated that both of these issues were in the long range financial planning and were not essential for this yearts budget. He suggested that Council might want to look at those issues after the completion of this budget. Nelson presented an overhead regarding competitive rates. Denton was below other utilities in residential summer rates and the proposed rates would still remain lower than other area utilities. He also indicated the water structure of current summer residential water rates versus proposed. The weekend rate would change with the proposed budget. The current rate provided that a customer would be charged 80% of the demand charge provided the customer did not exceed the weekend rate during the middle of thr, week by more than 809. The proposed rate would allow the middle of the week to go over the 80`t rate four times per month providing that no two days were on the same day of the week. Earl Crewe, Budget Rate Analyst, stated that an in-house cost of service study had been performed to determine if costs had been properly allocated among the various customers, It was found that additional costs were needed to be allocated to the dumpster areas as opposed to open top containers. It was also found that there was an imbalance between the rates charged for a customer with a smaller container as opposed to a customer using a larger container. A third conclusion of the study was that there was no incentive for customers with a small container with several pickups per week to move to an equal size container with one pickup per week and it was felt that there was a need to realign the structure to correct those inequities. The proposed rate structure was presented on an overhead and was included in the agenda backup. Comparisons were shown between the open top containers and the proposed rate increase, compactor customers and the proposed rate and a rate comparison with other cities plus a comparison of the commercial solid waste rates both current and proposed. Council Member Cott asked about the difference of landfill costs with different communities. f Agenda No R3-off Agendageff __4 City of Denton City Council Minutes Oa a:4-,1. August 31, 1993 Page 21 Q Bill Angelo, Director of Community Services, stated that Garland's rate was similar to Denton's but Lewisvil Denton's. lets was lower than A. The Council held a discussion regarding Major Budget Issues for the 1993-94 Annual Program of Services and gave staff direction. John McGrane, Executive Director for Finance, reviewed the remaining budget questions. 1. MLK Center Position - the cost of a full-time recreation specialist would be approximately $30,143. 2, Sanitation ROI - 6t of the return on investment would bring in approximately $140,000 on the current system and as the assets depreciated the amount would lessen unless additional assets were added, If only revenues were looked at, there would be a 34 charge which was a major budget issue and was projected to bring in approximately $124,000. If the fee were to go to 44 of the total revenue of the sanitation fund, approximately $166,000 would be received. 3. Health care plan analysis Tom Klinck, Director of Human Resources, stated that as the budget was developed, the City had Just transitioned from a year of experiencing $2,8 million in claims for the first year with PALICO. In the second year of the plan, benefits were altered to make up for the 484 proposed rate increase and brought it within the budgeted 154 rate increase. Currently the City was negotiating a re-rate with PALICO, The proposed re-rate from PALICO was 8.724 with several significant conditions. The most important condition was that the local doctors and hospitals had to agree to participate in a "shared-risk'J contractual arrangement which would include a primary care physician program and a specialty referral program. Preliminary indications from the providers were very favorable but if an agreement did not materials?., PALICO would not renew with the city, In order to deal with tt, contingency, the City would be bidding the health insurance program with the provision to reserve the right to refuse all bids if the agreement with PALICO was finalized, Council Member Cott asked why the details could not be worked out. Klinck replied that as more and more details were worked out such as who would be included as primary care physicians and how the referral program would work, there was some resistance from the II Agenda No ..:_0. Agenda~terrL.c~S Dale City of Denton city council minutes a a ~a3 August 31, 1993 Page 22 doctors. He had some concerns about how that responsibility would fall on the employee group. There were two options for Council consideration (1) if the shared risk arrangement were finalized with PALICO there would be an 8.72% increase in rates of the budgeted 20% which would release $940000 for general fund dollars. If the bids were significantly higher than the 8.72% increase, some additional funding might be required from the fund balance. (2) bid the health plan which would retain 14% in budget which was a 5% contingency above the 8.72% and would release $50,000 for the general fund. City Manager Harrell stated that if Council decided to go with Option I and hold the increase to 8.72% and allocated the extra $94,000, everything would be fine if the arrangement were worked out with the doctors and hospitals. If the arrangement did not work out, the City would be considering new bids which might be higher than the 8.72% increase. If that were the case, either the plan design would have to be altered or the general fund reserve would have to be used to make up the difference. Council Member Miller asked if there were any indication that the arrangement would be successful. Klinck stated that he had talked with both hospitals and the IPA Board had endorsed the concept. The hospitals were looking at a different reimbursement schedule. Favorable indications had been received to the arrangement. 4. Fort Worth - no increase health care plan 5. Fort Worth - no tax increase budget - Fort Worth was able to not increase its tax rate above its current rate by using money from their debt service reserve which would then decrease the amount of debt payment requirements from the ad valorem tax rate. Fort Worth also entered into a new franchise agreement with Texas Utilities which allowed the fee to go from 3% to 4% plus a 154 rate increase by Texas Utilities. 6. Library - restructuring 7. Recycling Coordinator 8. Opticom system Council Member Perry asked that the Library issues be included in the major budget issues. He asked Council to consider restoring the losses which the Library had suffered over the last years. Some adjustments had been made this year but he would like to I agenda No Agendaltem Date e2/' y2 City of Denton City Council Minutes August 31, 1993 Page 23 consider further increases. He asked if there were any way to give the library staff some short term assistance with problems in library such as long lines for checkout. City Manager Harrell stated that the major budget issues which were listed under the general fund came from the Major Budget Issue report with the exception of items added by the Council which were the Incentive Plus program, tuition reimbursement, MLK staffing and Court of Record. An additional major budget issue would be the request for library funding plus a request from the County for the Poison Control program operation. Council Member Miller asked that the police communication equipment and fire communication equipment be included in the major budget issues. City Manager Harrell stated that the utility issues would be discussed at next meeting. 12. New Business There were no items of New Business suggested by Council for future agendas. 13. Official Action on Executive Session Items Chew motioned, Perry seconded to enter into a law suit against the design architects of the Martin Luther King, Jr. Recreation Center. on roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion carried unanimously. 14. There was no Executive Session held during the Regular Session. With no further business, the meeting was adjourned at 1Ot10 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC00147 jC I T Y r~ -COUNCI s. a~ e 4 r 0 ~OGGO~~~~ II , DATE= September 211 1993 AQlAd~1~( CITY COUNCIL REPORT ( S - TO, Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: Requested rezoning of 3.23 acres to a Commercial zoning district, with conditions (C[c]). RECOMMENDATION: The Planning and zoning commission recommends approval of 2-93-020 (6-0). SUMMARY i See attached report. DACKGROUND: See attached report. PROGRAMS DEPARTMENTS OR GROUPS AFfECTEDs Property owner, neighboring land. FISCAL IMPACT: None. Respectfully submitted: Prepared bys Lloyd Harrell, City Kanager V G. Owen Yos , LA -ice Urban Planner Appr veds F ank H. Robbins„ ICP Executive Director Planning and Development AIlM00tSt i Agenda No. Agendal% Gate PLANNING AND ZONING C0MMIOS I0N REPORT To$ Mayor and Members of the city council case No.$ Z-93-020 Meeting Dates September 210 1993 GENERAL INFORMATION Applicants G. Roland Vela, PhD. 729 Ridgeorest Circle Denton, Texas 76205 Current Owners G. Roland Vela, PhD. 729 Ridgecrest Circle Denton, Texas 76205 conditions district, to the Commer- Requested Actions Rezone from cial and Oise: East McKinney approximately .27 miles east of Woodrow Lane. surrounding Land Use and zonings North - The e right-of-way SF-7 zoning and McKinney Street, across from which South - Undeveloped SF-7 zoning. East - Scattered residential use on A zoning. West - SF-7t Undeveloped. Denton Development Plans Low Intensity Area, Number 53 which is 160% allocated. Property Owner Notifications Seven (7) notices were mailed. At this writing, one reply was received in opposition to the proposal. All replies will be presented to you at the meeting. AwdaNo Agenda Ilerr ' 100 ~Oq_ e. pate ~ Case No. 2-93-020 Ji6 September 21, 1993 Page 2 SPECIAL INFORMATION Notes Prior to construction, preliminary platting of the entire 18.73 acres will be required and a final plat of the 3.23 acres shall be approved and filed. Transportations • 50 feet of right-of-way from the centerline of McKinney Street is required to be dedicated. If not already in place, addi- tional dedication may be required upon platting. . A sidewalk is required to be constructed along McKinney Street. . Since McKinney Street is a state-maintained road, no paving improvements will be required. • One driveway per every 300 feet of frontage on McKinney will be allowed. Drainages A preliminary drainage study will be required with the prelimi- nary plat submittal. utilitioas Waters There is an eight inch water line on the north side of FM 426 (McKinney). Water line extension may be required along the south side to the subject tract and across the frontage (approximately 400 feet), a total of approximately 1200 feet. Sewers The existing ten inch sanitary sewer stops at the east boundary of this site. Sewer extension is required upon platting across the frontage or as far as the sewer will flow by gravity. Fires There is an existing fire hydrant on East McKinney on the north side, approximately 150 feet east of this tract. k y Agenda No _46 -4.9 1 Agendallem ~S ~3A Date Case No. Z-93-020 September 21, 1993 Page 3 SPECIAL INFORMATION (continued) Landscaping: The Landscape and Tree Preservation ordinance will apply at the building permit stage. . No tree ten inches or more in diameter may be removed witi.out a permit. Trees that are in the streetyard, if net removed, may be credited towards the required trees. . A bufferyard condition is recommended. HISTORY This property was zoned SF-7 in 1969. No subsequent history exists for this site. ANALYSIS This tract is located in a low intensity area, according to the Denton Development Plan (DDP). These areas allow for nonresiden- tial uses provided the following conditions are met: 1. strict site plan control within 1600 feet of low density residential uses. 2. Traffic design to ensure acc•iss is from a collector or larger arterial. Access would be off of East VcKinney, a primary arterial. 3. The density/intensity standard is not violated. The particular tract is allocated 193.8 intensity trips (3.23 X 60). The applicant is proposing to locate a scientific research laboratory testing soil and water samples. Although this is considered an institutional type use under the catego- Q.~ Agenda No Aridallet-2 ~~8 Dase.~= Case No. 2-93-020 September 21, 1993 Page 4 ANALYSIS, continued Ties specified in the DDP, other uses such as office is a possibility. Therefore, we have analyzed the intensity trips on the office level as this is the more intense use on this site, The proposed use, given the 12,000 square foot building proposed, requires 180 intensity trips. %rhis is below the 193.8 intensity trips allocated in a low intensity area, complying with the intensity standards of the DDP. 4. Sufficient green spaces, recreational facilitios, and diversity of parks are provided. The applicant will be required to construct a parking lot in order to comply with current regv.lations. Other than this, the remainder of the tract will be landscaped; much of which currently exists. 5. Input into planning by neighborhood associations and councils is encouraged. The applicant has not held any neighborhood meetings as of this writing. 6. Concentration/Separation policy. Any neighborhood service center should be located at least one- half mile from any other center. In addition, the Plan states that these neighborhood centers should not exceed three acres in size if they have direct access to a primary or secondary arterial. The proposed location of this scientific laboratory use is located approximately .27 miles from the Woodrow Lane intersec- tion where Mack Center and Food Lion are located. Thus, the one-half mile policy would be violated, the concentration policy would not be violated. The proposed use of a scientific laboratory is considered an extremely lov intense use since no traffic is anticipated with the exception of employees, Therefore, it really isnOt considered a typical neighborhood service. Provided the following conditions are approved with this case, the policies of the Denton Development Plan are complied with. AgrdaNo_ Agendaltera ~f- ' case No. Z-93-020 Date September 21, 1993 Page 5 RECOMMENDATION The Planning and Zoning commission recommends approval of Z-93-020 with the following conditionst 1. A landscape screening and buffering shall be located along the southern, eastern and western property lines and shall be no less than fifteen (15) feet in width consisting of four (4) canopy trees and eight (8) understory trees per every 100 linear feet in addition to a six (6) foot high wooden fence. Existing trees are to be included in the buffering whenever possible. 2. The maximum gross floor area of building(s) shall not exceed 12,000 sf. 3. All uses listed within the "Cu Commercial District are prohib- ited except the following: Art Gallery or Museum Church or Rectory Institutions of Religions or Philanthropic Nature Accessory Building Temporary Field or Construction office (subject to approval and control by Building Inspector) Fire station or Similar Public Safety Building Offices, Professional and Administrative Animal Clinio or Hospital (no outside runs or pens) Farm or Ranch Scientific or Research Laboratories 4. Maximum height shall not exceed 30 feet, which includes the pitch of the roof. ALTERNATIVES 1. Approve petition as recommended. 2. Approve petition with additional conditions. 3. Deny petition. 4. Postpone. ~I Agenda N o Agendaltaai 6_ -__„w- Oate 9-~/ -g3 Case No. 2-93-020 September 21, 1993 ,7 1.7 Page 6 ATTACHMENTS 1. Location Map. 2. Intensity Area #53 data. 3. P62 Minutes. 4. Draft ordinance. OX 004 % T Agenda b10 ( ~ -r ATTACHMENT 1 A9oda4m -P - _ * Z•93.020 G,R. VELA cale_.._.L'.V YA NORTH 7WW ' L✓_ Owl" t L K. . ~D a ~~(G ADO 10 Du Y. []ou D 8ITE Alt CAN! e~ , 1 uts*irr ► R3r'~ ot~ e ~ h~„e„ 1 L ~~R w '-_--r Locallon Map Data 7/28143 Scales None r Agenda No Apendahe~► ATTACHMENT 2 Date- LAND USE MANAGEMENT INFORMATION SYSTEM I /6 PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area Is 53 Types Low Intensity trips/ao 60 Traffic survey zoness 6578A 67758 Boundary Descriptions North: FDM 426, excludes GR and MF zoning in PD41 South: Pecan Creek Date: 01/05/92 Easts Mayhlll Rd. west: Woodrow Ln. r w LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSIT --r----------3F-16 < 10 6.81 100 0 0 0 0 w 0 SF-10>16 6 2.02 60 0 0 0 0 0 3F-7>10 0 0 0 24.79 1041.18 15.8 66 660 LESS SF-7 1 0.12 10 0 0 0 0 0 408.NOMES 0 0 0 0 0 0 0 0 DUPLEX 0 0 0 7.12 569.6 16.16 160 1600 NF-R 0 0 0 0 0 0 0 0 4F-192 308 12.05 2464 8.43 1686 3.69 92 736 .ON/RET 0 0 0 115 975 0 0 0 )FFICE 0 26.13 9145.5 0 0 0 0 0 INDUSTRY 0 15.72 1650.6 289.26 30372.3 0 0 0 TIONAL O 7.18 610.3 0 O 0 0 0 N *9 O 11.47 344.1 0 0 0 0 0 SPACE 0 0 0 10.34 0 12.45 0 0 PRANSPORT 0 28.59 0 0 0 0 0 0 kGRIC. 0 0 0 111.93 0 0 VACANT 0 501.35 0 0 0 0 0 O ..r rrw.rrrr...o..rr.rr ,.rrr DOTAL -..325 611.44 14385 453437 34644 48.1 318 2996 .......r------------------ INTENSITY CALCULATIONS (1) Intensity area total trips 611.44 times 60 36686 (2) Trips allocated to existing land use 14365 (3 Trips allocated to current zoning inol. P Ds (not built) 37640 idl 4 Trips allocated to vacant lands not coned plus Aggrio. coning 6716 5 Estimated unallocated intensity trips 1)minus(2)+(3)+(4) -22054 Percentage of intensity trips allocated 160 .r ........................r.rr......row......r.---................ r .ta Agerdafiam.44,5 *0 ATTACHMENT 3 ice Planning and Zoning Minutes Page 14 VI. Hold a public hearing to consider a change in zoning from single-family (SF-7) to commercial - conditioned (C[c]) for approximately 3,23 acres of land located on the south aide of East McKinney, approximately .27 miles west of its intersection with Woodrow Lane. STAFF REPORT: by Owen Yost. M district r. Yost said the request was to rezone property from the SF-7 property tis a the 3.23macre ltract slocated ion the south side The E Mr. ast McKinney approximately .27 miles east of Woodrow ppLane. owners Yost Onsaid e was there notices l received before themeeting it: opposition. Before construction, including a parking lot, preliminary finaliplat oft thee3t23 acres shall be approved randifiled.~dNo paving improvements will be required. Water line extension may be required along the south side to the subject tract and sewerae tensionnwi get be required across the frontage 2or as efar as the sewer will flow by gravity. Fire flow will be reviewed at platting. The tract is located in a low intensity area, according to the Denton Development Plan. These areas allow for non residential uses providing certain criteria are met. The proposed location of this laboratory is approximately .27 miles from the Woodrow Lane intersection where Mack Center and Food Lion are located. Thus, the one-half mile policy would be violated. The proposed use is considered an extremely low intensity use since very little traffic is anticipated. Therefore, it will not be considered a normal neighborhood service. Staff has recommended the structure maintain the residential character of the house currently on the rite. RECOMMENDATIONt Staff recommended approval of 2-93-020 with the following conditions: 1. A landscape screening and buffering shall be located along the southern, eastern and western property lines and shall be no less than fifteen (15) feet in width consisting of four (4) canopy trees, eight (8) understory t foot rees per every 100 linear feet in addition to a six (6) preservedh are wooden to be fence. in ihenbuffering : whenever possible. 2, The maximum gross floor area of building(s) shall not exceed 12,000 sf, agendaNo' Dale_L Planning and Zoning Minutes page #5 3. All uses listed within the "Cu Commercial District are prohibited except the followings Art Gallery or Museum Church or Rectory Institutions of Religions or Philanthropic Nature Accessory Building Temporary Field or Construction office (subject to approval by the Building Official.) Fire Stations or Public safety Buildings Offices, Professional or Administrative Animal clinic or Hospital (no outside runs or pens) Farm or Ranch scientific or Research Laboratories 4. Maximum height shall not exceed 30 feet, which includes the pitch of the roof. Mr. Engelbrecht asked about the statement that the building would retain the residential characteristics. He did not see it as a recommendation. Mr. Yost said it was not a specific condition. Dr. Huey asked if the maximum height would apply for accessory buildings. Mr. Yost said the height requirement applied to all buildings. PETITIONERS G. Roland Vela, Phd., 729 Ridgecrest Circle, Denton, Texas. Mr. Vela explained that he owned the property, and would eventually sell all except the 3 acres. He wanted to blend the building for the laboratory into the residential areas It would be landscaped and kept up. He said that the laboratory would probably have only two or three customers and the same number of employees. It would be small scale and mostly contract work. if the business develops, he would look for another site. The laboratory would be for environmental testing. There would be no by-products or residues, no storage and only testing of soil samples. Mr. Cooper asked if he had any problems with the conditions the staff recommended. Mr. Vela said no, he would comply gladly to all conditions set by staff now or in the future. Ms. Russell asked if remodeling would take place or would the 4 a Agenda No p37 Agendalteno Dare Planning and Zoning Minutes D Page #6 petitioner build a new one. Mr. Vela said he would build according to finances. He said he would go the cheapest way, but he would maintain the nature of the lot. IN FAVOR: None IN OPPOSITIONi Jane Nicholas, representing Viola Tunnison. She explained that Ms. Tunnison was concerned about the traffic and the taxes. She said she understood about the traffic, but the main concern was the taxes. Mr. Robbbins said he did not know about the taxes. Ms. Nicholas explained that Ms. Tunnison was very elderly and barely able to afford the taxes at the present time. Mr. Sucek said Ms. Tunnison's taxes were set by state law because she was over 65. The taxes were set according to the property value at that time. Mr. Vela said he felt the opposition was put forth very honestly. He did try to clarify that there would not be any smells, toxic materials, noise or pollutior, of any kind. The public hearing was closed. Staff recommended approval with the four conditions as recommended by staff. Dr. Huey asked for information concerning the maximum height of 30 ft. and its relation to an accessory building. She asked if any further condition would be appropriate. Mr. Yost said the staff recommended a limit of 30 feet. The 30-foot lLait would be about 2 1/2 stories. Dr. Huey asked Mr. Vela about plans for an accessory building. Mr. Vela showed the Commission plans that would involve the existing structure. He said he had no plans at the time for any accessory buildings. He said if he were considering a new building it would possibly be a two-story building that was Spanish style and white stucco. He said he liked the 30 feet because it gave some freedom with roof lines. Dr. Huey asked if he did build an accessory building what 0 Agenda No w c~~ Agendaltem Planning and Zoning Minutes Page 17 would it be. Mr. Vela said he would build, if needed, a storage shed not more than one story. He also stated that was not in his plans. Mr. Engelbrecht commented that he could sell it tomorrow, and the Commissions decision would affect the zoning. The conditions will dictate the development. Dr. Huey made the motion that a limit of not more than one story for all accessory buildings be added to the conditions. Mr. Cooper asked if the condition should be limited to no more than the height of the main building. The motion failed for lack of a second. Ms. Russell made the motion to recommend 2-93-020 as specified by staff. Mr. Norton seconded and the motion carried unanimously (6-0). Mr. Engelbrecht asked that the statement about residential character not be put in the staff report unless it is put in the recommendations. VII. Consider the final plat of Lots 1 through 21, Block A, and Lot 1, Block B, of the Hunters Ridge Addition. The 16.205 acres is located at the northwest corner of Teasley Lane and Lillian Miller Parkway. STAFF REPORTS by Owen Yost. Mr. Yost reported the 16.205 acre tract was located at the northwest corner of Teasley Lane and Lillian Miller Parkway, and is proposed for use as single-family detached residential lots and church. Public improvements would include: approximately 1323 ft. of street paving. approximately 4300 feet of concrete sidewalk. approximately 2100 ft. of 8" water line. approximately 1700 ft. of 8" sewer line extension. two left turn lanes and median openings. approximately 100 ft. of storm sewer, and four inlets, along Lillian Miller. five fire hydrants, The tract is currently zoned SF-16. All City services are jr\wPdoce\ord\vela.o 4geodaNo._e?._4 -ea* 7 A901daliem ATTACHMENT 4 1319"y~`- p/- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM SINGLE FAMILY - 7 (SF-7) TO COMMERCIAL WITH CONDITIONS (C-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 3.23 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF EAST MCKINNEY, APPROXIMATELY .27 MILES EAST OF WOODROW LANE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, G. Roland Vela has applied for a change in zoning for 3.23 acres of land from Single Family - 7 (SF-7) to Commercial with conditions (C-c) district classification and use designation; and WHEREAS, on August 11, 1993, the Planning and Zoning Commis- sion recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: gECTION j. That the zoning district classification and use designation of the 3.23 acres of land described in Exhibit A, attached hereto and incorporated into this ordinance by reference, Is changed from Single Family - 7 (SF-7) to Commercial with conditions (C-c) district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas. SECTION II That in accordance with Ordinance No. 91-078, the property shall be subject to the following conditions: a. A landscape screening and buffering shall be located along the southern, eastern and western property lines and shall be no less than fifteen (15) feet in width consisting of four (4) canopy trees, eight (8) understory trees per every 100 linear feet in addition to a six (6) foot high wooden fence. Existing trees that are preserved are to be included in the buffering whenever possible. b. The maximum gross floor area of all buildings shall not exceed 12,000 square feet. C. All uses listed within the "C" Commercial District are prohibited except the following: Art Gallery or Museum Church or Rectory Institutions of Religious or Philanthropic Nature I ~geadaNo 9..~ -.G3~2' Ageadaliem ~s ~.~A ooie_2~/-93 Accessory Building U Temporary Field or Construction office (subject to Fire Station or control Similar Public nSafetyeBuilding Offices, Professional and Administrative Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Scientific or Research Laboratories d. Maximam height of building(s) shall not exceed 30 feet, which includes the pitch of the roof. SECTION itt. That the city's official zoning map is amended to show the change in zoning district classification. SECTION IV That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective fourteen (14) days from the Secretary is hereby directed to date he caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (30) days of the date of its passage. PASSED AND APPROVED this the _ day of , 1993. BOB CASTLEB MY, MAYOR ATTEST: JENNIFER WALTERSF CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY I i c tt Q f< BY., PAGE 2 µ i AcendaNo Q. 1 EKNIBIT A Agendaltem sS fi.3A Ck~19_ _Q' 6 Field notes to all that certain tract of land situated in th 6 T. M. Downing Survey Abstract Number 316 in ti,e city of Denton, Denton County, Texas and being a part of the called 18.535 acre tract described in the Substitutes Trustee's deed from Peggy J. Jones, Trustee to the federal Deposit Insurance Corporation recorded in Volume 2831 Page 850 of the Real Property Records of Denotn County, Tuns; the Snt,,ierl t.rart. being more particularly described As follows: BEGINNING for the most Northerly Corner of the tract being described herein, at an iron rod found at a fence corner post in the South Right-of-way of East McKinney Street (FM1261 at the NorthwestCorner of a called 1.121 acre tract deeded to R. L. Tyson, et ux, as recorded In Volume 918 Pave 3l8 of the Deed Records of Denton County, Texas; Thence South 01 Degree 13 Minutes 17 Seconds East along a fence line with the West line of the said 1.121 acre tract a distance of 351.94 feet to a Iron rod found at a fence corner post at the Southeast Corner thereof: Thence South 88 Degrees 21 Minutes 53 Seconds West along a fence line South line of the said 3.23 acre tract a distAncr of 280 feet to a fence corner post at the Southeast Corner; Thence North 01 Degrees 13 Minutes 17 Seconds West along a fence line with the West line of the the said 3.23 acre tract. a distance of 143.14 feet to a fence corner post at the Northeast Corner; Thence South 88 Degrees 21 Minutes 53 Seconds west along a fence line South of the said 3.23 acre tract a distance of 95 feet to a fence corner post at the Southwest Corner; Thence North 00 Degrees 52 Minutes 02 Seconds West along a fence line of the said 3.23 acre tract a distance of 324.25 feet to an iron rod at the Northwest Corner of the said 3.23 acre tract said point lying in the South Right-of-way lice of F.M. 426 (E. McKinney,) said point also lying in a non tangent curve to the right with'a radius of 1378.9 And a chord bearing South 75 degrees 51 minutes 57 seconds east a length of 101.17 feet; Thence along said South Right-of-way of F.M. 426 and along said curve to the right a distance of 101.17; Thence South 73 Degrees 47 Minutes 11 Seconds continuing with the said South Right-of-way of East McKinney Street IFM 426) a distance of 289.90 feet the the Place of Beginning and enclosing approximntely 3.23 acres of land. f; ECITY~ --COUNCI a o , ,j ~~OCOGG~~~o e AS= AL1529- Apeedal! Fate 93 ORDINANCE NO. Q AN ORDINANCE ACCEPTING A 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. 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 tho herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefor; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the ma- terials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, Z'HE COUNCIL OF THE CITY OF rENTON HEREBY ORDAINS: SECTION I. That the numbered items in the following nu bids for materials, aquipment s o mn the "Bid Proposals" ~ upplies, or services s oposalsatt hwn in the ached hereto are hereby accepted as being the best responsible bids for such itemand approved BID ITEM NUMBER NO. VENDOR AMOUNT 1546 ALL CASCO INDUSTRIES 1547 ALL $50.196.00 FI8ERI,INK $54,468.00 SECTION IT. 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. qd rvXt:4 AgendaNo_ 9.~ fterrL Agenda Dante ~4- - a ~ ~o 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. BOB CASTLEBERRY, MAYOR ATTEST; JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORMS DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: ~gendaMo. Q~-Q~_ Agenda~temr~.~ ~A E+-s4s71fISR 21, 1993 ~!D CITY COUNCIL REPORT ' TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1546 - FIRE DEPARTMENT UNIFORMS RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specifications, Casco Industries in the amount of $114.75 per set consisting of 1 shirt and 1 pant. SUMMARY: This bid is for the annual contract for Fire Department Work Uniforms manufactured from DuPont Nomex Aramid III material. The annual estimated quantity Is 250 sets. The original order will be for 176 sets of uniforms for a total award of $20,196.00 additional uniforms will be ordered on an as needed basis. The lower price offered by Vallen fails to meet specifications for weight of material and they offered metal snaps In place of Melamine buttons on the shirt as required. Metal snaps create "hot spots" under certain conditions and are not acceptable. BACKED: Tabulation Sheet. FISCAL IMPACT: Funds will be taken from 1992-93 and 1993-94 budget accounts for uniforms. Res tfully s tied: L o d V. Harrell City Manager Approved: Name: Tom D. Shaw,C.P,M. Title: Purchasing Agent agenda. 411 LM BID NAME FIRE DEPARTMENT UNIFORMS CANNON CASCO VALLEN MARTIN UNIFORMS OF TEXAS PEN DATE SEPTEMBER 9.1993 WANTiTN VENb0i_ '-VENDOR"--- -VEfJDO#i VENQOF# 1iNijOil---' 1. 250 NOMEX ARAMID III FIRE $49.94 $68.67 $49.75 $68.40 $50.64 FIGHTER STATION WORK UNIFORM SHIRT 2. 250 NOMEX ARAMID III FIRE $67.94 $60.86 $65.00 $63.77 $67.13 FIGHTER STATION WORK UNIFORM PANTS 3. OPTIONAL ITEM: SEW ON $1.00 $1.00 N/C N/C N/C TWO PATCHES 4. TOTAL PER SET $117.88 $129.43 $114.75 $112.17 $117.77 FAILS TO MEET SPEC i 8m w • 3 U a i PAGE 2 BID NAME FIRE DEPARTMENT R R R LION UNIFORMS UNIFORMS PEN DATE SEPTEMBER 9, 1993 DUANTf ~3 GiiiPTtoR"`- --WEN Do ENtioFt__ _ VENb0Ft -VEND04 -VEN_iit~_A 1. 260 NOMEX ARAMID III FIRE $57.50 $75.00 FIGHTER STATION WORK UNIFORM SHIRT 2. 250 NOMEX ARAMID III FIRE $78.50 $100.00 FIGHTER STATION WORK UNIFORM PANTS 3. OPTIONAL ITEM: SEW ON N/C N/C TWO PATCHES 4. TOTAL PER SET $136.00 $175.00 FAILS TO MEET SPEC i~ ro 0 d,. AQeo~aNo ~ -~.3 Dh&-Y ."BRA-21, 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID J 1597 - FIBER OPTIC TRANSCEIVERS RECOMMENDATION: We recommend this bid be awarded to the low bidder, FiberlInk, in the total of 50,468.00. SUMMARY: This bid is for the purchase of fiber optic cable and connections. These will be used by the Electric Communication Department in extending the City's fiber optic network to the DMC (Moore Building) the Pecan Creek Reclamation Plant, and the landfill. Four bid proposals were received In response to five invitations mailed. BACKGROUND: Tabulation Sheet, Memorandum from Ray Wells dated September 10,199- 3. FISCAL IMPACT: Budgeted funds for Electric Communications Account #810-080- 0254-9217•MB002. R ec illy submi e Lloy . Harrell City Manager Prepared By: / Name: Denise jarpool Title: Senior Buyer Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent ~gene~. {71 Qom,-.--.- - i 547 BID NAME FIBER OPTIC GLOBAL ADC FIBERLINK ICOM DATA FIBERMUX PEN DATE SEPTEMBER 9, 1993 COMM. QUANTITY -ISESCRIPTION _._VENUOR _VENbOF VENUOR -_V_t-NMft - -T_/ENDow- 1 . 3 'EA" FIBER-MUX MAGNUM $807.50 $855.00 - $720.00 $807.60 100 CHASSIS 2. 3 EA 110 VOLT POWER SUPPLY $637.50 $676.00 $570.00 $637.50 CC-8821/110 3. 3 EA COMMON LOGIC LASER $3,400.00 $3,600.00 $3,025.00 33,400.00 CARD CC-8814/H-1300 S/ST 4. 3 EA CONTROL LOGIC CARD $722.50 $765,00 $650.00 $722.50 CC-8833/NM 5. 2 EA APPLICATION MODULE $1,147.50 $1,215.00 $1,025.00 $1,147.50 CC-8816E 6. 2 EA APPLICATION MODULE $3,017.50 $3,195.00 $3,000.00 $3,017.60 CC-8875Z 7. 2 EA APPILICATION MODULE $1,168.75 $1,237.50 $995.00 $1,168.75 CC-6614Z 8. % QUOTE DISCOUNT FROM N/B 10% 20% 15% LIST ON PURCHASE OF +$724.60 ADDITIONAL MAGNUM 100 FRT OPTIONS AND APPLICATION 9. 14,000 FT 12 FIBER SINGLE MODE N/B N/B 3.64 METER $18,648.00 SELF SUPPORTING CABLE 10. 26 EA DEAD END SUPPORTS FOR NIB N/B $67.00 $2,199.60 CABLE (ITEM 9) 11. 65 EA DIELECTRIC IN-LINE N/B N/B $39.00 $3,217.50 SUPPORTS FOR CABLE (ITEM 9) 6 o a ADDENDA YES YES YES YES w °z u 5 v, DATE: °ptember 13, 1993 CITY COUNCIL AGENDA ITEM Q TOt MAYOR AND MEMBERS OF THE CITY COUNCIL FROM$ Lloyd V. Harrell, City Manager SUBJECTi CONSIDER APPROVAL FIBER OPTIC TELECOMMUNICATIONS NETWORK. EQUIPMENT BID 11547 RECOMMENDATIONt The Electric Utility Department and the ('.;.-nmuni cations and Electronics Division recommend the Bid submitted by Fiberlink Systems in response to Bid 41547 be awarded as the low bid received. SUMMARY/BACKGROUNDS The City of Denton requires expansion of the existing Fiber Optic Telecommunications Network currently serving City Hall, Spencer Power Plant, Police Department, Information Services, Service Center, and Library, to include tle Moore Building (new City facilities), Wastewater Treatment and the Solid Waste Landfill. Installation of fiber optic link between City Hall - Service Center and new City facilities at the Moore Building, Wastewater Treatment Plant, and Landfill is part of planned improvements to communications system between those facilities. Cable and interface equipment for this expansion were bid and opened under Bid #1547. Respondents to the Bid were Global Data Communications, ADC Fibermux, Fiberlink, and ICOM. Equipment lists are detailed in the attached requisitions and support documentation. Low bids meeting specifications of $21,930 for fiber optic Equipment for link between City Hall and Moore Building and $28,533 for fiber optic equipment for link between City Hall, Wastewater Treatment Plant, and Landfill is recommended for approval. Fiberlink furnished the combined low bid for, both projects in the amount of $50,468.00. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTEDt The D.C.M. (Moore Building Program) Pecan Creek Reclamation and Landfill. 5 [ate Q-b?/ FISCAL IMPACTS 7` d Fiber Optic communication equipment between City Hall) and Moore Building will be charged to the Elltctric Department. Fiber Optic communication between wastewater'rreatment Plant, Landfill, City Hall, and Service Center will be charged to Water Reclamation and Landfill Departments. All funding is current 1992-93 fiscal year funding. Prepared by: Jim Hard Director of Electric Utilities Approved by- 8.-Melson Director of Utilities 09103009.CC 09-1 0-93f'U4 L9 "'C CITY of DENTON MUNICIPAL UTILITIES/ 901•ATexas Street / Denton, 7X76201 M. E M O R A N D U M T0: Jim Harder, Director of Electric Utilities FROM: Ray D. Wells, Superintendent of Electric Metering/Communications & Electronics/Substations DATEi September 10, 1993 REt EVALUATION OF BID #1547 ~accaassaaaaaaavaacs.ccaaaacaavaaa aaaacceccaaaaa=aacaasaascaac On September 9, 1993, the City of Denton Bid #1547 was received. We had four (4) vendors to respond they were: GLOBAL DATA COMMUNICATIONS responding to the interface equipment portion of bid. ADC FIBERKU responding to the interface equipment portion of bid. ICOM responding to the total bid request. FIBERLINR responding to the total bid request. We recommend Fiberlink as the low bid meeting specifications for all portions of the bid, individually and overall. This bid encompasses two major projects. The U.M.C. (Moore Building) and extension of our fiber optic natwork to the Pecan Creek Reclamation Plant and Landfill. The itemization of finding for this bid number is as follows: D.M.C. (Moore Building) $21,935.00 Fiber extension to Pecan Creek Reclamation Plant and Landfill 29,533.00 Total both projects $500468.00 to be awarded for Sid 01547. RDW:th 09103027 cc: R. E. Nelson, Executive Director of Utilities Tom Shaw, Purchasing Agent file C ITY.~~_:_ COUNCI ~O6 to ~ 00~°CG~oO AWANO -3-03 Agvdalte Hate P d - 9, ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROV/DIN ; FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated com- petitive bids for the construction of public works or improvements in accordance with the procedures of state law and City ordinances; and WHEREAS, the City Manager or a designated employee has receiv- ed and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or im- provements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the following competitive bids for the con- struction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as be- ing the lowest responsible bids: BID NUMBE8 CONTRACTOF3 oU 1536 DEAN ELECTRIC INC. $239,520.00 1537 GALVA FOAM MARINE INDUSTRIES INC $ 17,399.00 1543 SUN COMMERCIAL ROOFS, INC. S 41,389.00 1545 JAGOE PUBLIC INC. $346,141.00 SECTION. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, after notification of the award of the bid. SECTION III. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Propos- als, and documents relating thereto specifying the terms, condi- - r • Agenda No 1 Apnda:lem 1. 10_ are _"L_9_-9_ 9 tions, plans and specifications, standards, quantities andl/speci- fied sums contained therein. ' SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council here- by authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION V. That this ordinance shall become effective im- mediately upon its passage and approval. PASSED AND APPROVED this the ` day of 1993. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: I a P 4gorda~la~1 ~ SATE- EMU 8 21, 1993 CITY COUNCIL REPORT J TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1536 - NORTH LAKES PHASE II - BALLFIELD LIGHTING RECOMMENDATION: We recommend this bid be awarded to Dean Electric Inc. In the low bid amount of 5239,520.00. SUMMARY: This bid is for the purchase of Ballfield Lighting for the North Lakes Park Phase lI Softball and Soccer Field Complex. Included In the bid are approximately 56 steel light poles with various configurations of sports lighting mounted on each as well es all cost for installation and miscellaneous materials. BACKGROUND: Tabulation Sheet, Memorandum from Bob Tickner, Superintendent of Park- s,` PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: North Lakes )ark, Park & Recreation Department and Texas Parks and Wildlife. FISCAL IMPACT: This Is a 50/50 jointly funded project between the Texas Park and Wildlife and the City of Denton. *Respeully subm t d: 11 rrell y anager Approved: Name: Tom D. Shaw,C.P.M. Title: Purchasing Agent agenda. 419 i . ,4 'BID AP 1536 BID NAME NORTH LAKE PARK PHASE II DEAN GROVES NEMA 3 BALLFIELD LIGHTING ELECTRIC ELECTRIC ELECTRIC PEN DATE SEPTEMBER 2, 1993 INC SERVICE QUANTITY DESCRiPT1dN_____ -.VENDOR --VENDOR -VENDOR- VENDOR VENDOR 1 BASE BID $239,620.00 $255,978.00 $260,605.00 BID BOND YES YES YES bO WORK COMPLETE 100 DAYS 105 DAYS 145 DAYS ADDENDUM 3 ADDENDA 3 ADDENDA 2 ADDENDA e is v n ~,Ar,cfardo _ 9 - 37 AgrCa+icln_Z- D Y CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M i e C s C t C D = e TO: Tom Shaw, Purchasing Director FROM: Bob Tickner, Superintendent of Parks DATE: September 13, 1993 SUBJECT: Recommendation of Hid #1536 North Lakes Park Softball and Soccer Complex Lighting. After review of the bids received for lighting the new softball and soccer field complex, we wish to recommend the low bid of Dean Electric Inc., Cedar Hill, Texas, in the amount of $239,520.00. other bidders on the project were: 2. Groves Electric Service, Carrollton, Tx. $2550978.00 3, Nema 3 Electric Inc., Cedar Hill, Tx. $260,605.00 Contract estimate was $250,000.00 Please advise if you have any questions. Robert X. Tickner Superintendent of Parks RT:ve AJJ007C7 8171566.8200 D/FW METRO 434.2529 PATE: SEPTEMBER 21, 1993 G~ CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID / 1537 - NORTH LAKE PHASE II - FISHING PIER RECOMMENDATION: We recommend this bid be awarded to the only bidder, Galva Foam Marine Industries Inc. in the amount of $17,399.00. SUMMARY: This bid is for the purchase of a Fishing Pier for the North Lakes Park area. It consist of a 40' x 4' walkway with an approximately 28' square open center fishing deck. We did not anticipate many responses to our request although several notices were mailed. This is a specialty type Industry, however, the architect and staff feel this is a good price for the structure. BACKGROUND: Tabulation Sheet, Memorandum from Bob Tickner, Superintendent of Parks. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED North Lakes Park, Park and Recreation Department, Texas Park and Wildlife. FISCAL IMPACT: This project is funded 50/50 by a grant for Park Development from the Texas Parks and Wildlife Department and the City of Denton. pe till s b ed: Llo d . Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent aqo nd.. M Ar;nrallem,..~ CITY of DENTON, TEXAS MUNICIPAL 60LDING / 215 E MCKINNEY / DENTON, TEXAS 76201 M E M O R A N D U M 0 o s c m a a o e v T0: Tom Shaw, Purchasing Director FROM: Bob Tickner, Superintendent of Parks DATE: September 13, 1993 SUBJECT: Recommendation of Bid P1537 Fishing Pier for North Lakes Parks. We wish to recommend the bid of Galva Foam Marine Industries Inc., of Camdenton, Missouri, at $17,399.00 for the installation of a fishing pier on the north lake at the North Lakes Park. This product is a specialty item consisting of galvanized steel structural, styrofoam panels and treated wood planking that floats with the water level of the lake. After review and discussion with our Landscape architect we feel this single bid is very competitive when compared to other projects in other cities. Please advise if you have any questions. 41obert K, Tickner Superintendent of Parks RT:ve 8171566.8200 D/FW METRO 434.2529 i BID # _ 4637.. . BID NAME NORTH LAKES PHASE II GALVA FISHING PIER FOAM OPEN DATE SEPTEMBER 2, 1993 MARINE 114DUSTRIES ZSIT/~f3fiTY _ [lE iTPTITFf_ _ WNOUR _VENDOR vEN`D0R-VENr)oA- END10R BASE BID $17,399.00 Fr C w i s a ~ o 1 AgendaMo_ Aq;n~allem~~5~ DqA-' SEPTEMBER 21, 1993 CITY COUNCIL REPOkT 9 ~g TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1543 - REROOFING AT THE DENTON ELECTRIC PRODUCTION PLANT RECOMMENDATION: We recommend this bid be awarded to the low bidder, Sun Commercial Roo s, Iuc. In the total amount of $41,389.00. SUMMARY: This bid is for all labor and materials necessary in reroofing two sections 8_10 the Penthouse Tow,r at the Electric Production Plant. This reroofing will provide a coal-tar extended elastomerlc built-up roof system, with a 15 year manufacturers warranty. This project was estimated at approximately $43,000.00, Six bid proposals were received in response to eight Invitations mailed to potential vendors. BACKGROUND: Tabulation Sheet. FISCAL IMPACT: Budgeted Funds for Electric Production Building b.aintenanae Account F610-08 -0251-8301 with a balance of $328,042.13. 4 Res er^X ""y s tted: Ll d . He yell City Manager Prepared By: Nava: Den se Harpool Title: Senior Buyer Approved: L L-L-1 Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda. 416 t#Ib M -1643 BID NAME REROOFING AT THE DENTO C. D. SUN CBS SUPREME SEYFORTH CHRIS ELECTRIC PROD. PLANT MCKAMIE COMMERCIAL ROOFING SYSTEMS ROOFING AXTELL OPEN DATE SEPTEMBER 2, 1993 ROOFS INC ROOFING _VFNbOg' -VENDOR__ _VIEN0011 _VrzNbOH VEFihOt ' -VENOOA 1 BASE BID $42,169.00 $41,389.00 $49,500.00 $53,619.00 $61,875.00 $46,000.00 CASHIER OHECK/BID BOND YES YES YES YES YES YES HAILERS $1.60 $1.80 $4.00 $2.00 $5.00 $2.00 ROOF DRAIN $450.00 $950.00 $176.00 $800.00 (•1,600.00 $400.00 4' :AST IRON DRAIN LINE 21.00 LF 45.00 LF 9.00 LF 22.50 LF 40.00 LF 15.00 LF OVERTIME $15.00 $17.60 $3t7.00 $25.00 $32.00 +$2.00 O C AgendaNo Age^dalIerrL ,,,,DATE: September 210 1993 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: BID # 1545 -REPLACE MISCELLANEOUS WATERLINE 92' RECOMMENDATION: We recommend this bid be awarded to the low bidder, Jagoe Public, Inc, In the total amount of $349,141.00. £UMMARY: This bid is for all materials and labor involved In the replacement of appr~mately 9000 ft, of waterlines. These 6" & 8" waterlines are located on Emerson, Brookfield, Glenwood, Locks ley and Archer Trail. Jagoa Public's price for this project is $15,000 under the engineers estimate. Five bid proposals were received in response to 23 invitations to be mailed to vendors, BACKGROUND: Tabulation Sheet, Memorandum Gerald Cosgrove dated 9-10.93. FISCAL IMPACT t Budged funds for 1992 Account #620-081-0461-1,'203-9114 (for Misc. Waterlines) with a balance of $522,871.86 and Budgeted Revenue Bond for 1993 Account #682-081-RB89-R203-9114 (for Emerson) with a balance of 53,357,708.00. R4d. lly sub t d: Her e City Manager Prepared By., Name: Den se Harpool Title: Senior Bud er Approved- Name., Tom D. Shaw, C.P.M. Titles Purchasing Agent ,golds. 4 1! 1645 I BID NAME REPLACE MISCELLANEOUS DBR JAGOE MOSS CIRCLE C LARRY WATERLINE 92' CONST. PUBLIC CONST. CONST. JACKSON PEN DATE SEPTEMBER 9, 1993 CONST. t A~Vi~ifiY =1 aRf ION.------ ----E---D- R--- Nb._R..._ VENb--- :_VENt5 5R ---V ifCS A- 1. BID TOTAL $467,699.00 $346,141.00 $441,460.60 $361,176.60 $367,019.26 ' I BID BOND YES YES YES YES YES i I i 4 1 °p 6 A~eoda~tem ~ s T0; Tom Shaw, Purchasing Agent FROM; Gerald P, Cosgrove P.E., Engineering Administrator DATE; September 30, 1993 SUBJECT; CONSIDER HID OPENING 1545 FOR CAPITAL IMPROVEMENTS PROJECT • 1992 REPLACE N.ISCELLANEOUS WkTERLINES 9E9OMNZNDATION3 The Utility Staff recommends award of the contract to Jagoe Public, Inc. for the amount of $346,141, for the construction of 1992 Replace Miscellaneous Waterlines. 11222$]f+ 1992 Replace Miscellanem.s Waterlines consist of 3,633 feet of 611 waterline and 5,596 of 8" waterline. Bids were opened on September 9, 1993 with a total participation of (5) bidders. Jagoe Public Inc., of Denton, TX, was the lowest qualified bidder in the amount of $346,141. This project is actually two projects in the same area of town. 1992 Replace Waterlines was originally budgeted as a reverie project and is $56,948 under tidget. Emerson waterline *as added to the project due to the accelerated rate of main breaks on the street during the last year. The Emerson war•,rline is funded out of 1993 oversize money. The entire 1,%.)ect is $15,268 under the engineers estimate. The bid does not include asphalt patching. The Engineering and Transportation Department will perform his service for $2.00 per square foot of asphalt patch. The area to be patched will be determined after the contractor has completed his work. The estimate for patching is 32,000 square feet in the amount of $64,000. i ArMa No ACcidaliem -4 a-, I Page 2 BACKOROUNDt The waterlines in this area have deteriorated to the point that over a twenty year period it would be cheaper to replace these line rather than continuing to repair them, On Archer T yard rail and Locksley services will be relocated from the rear alleysobethe hindothe houses the street. difficult existing to repairiand nththe ey cause excessive damage when they break. FISCAL IMPACTt $290,000 if budgeted for Replace Miscellaneous Waterlines 1992. $76,000 is available for FY 93 oversize waterline to help fund the Emerson waterline and $50,000 is budgeted for patching in FY 94 revenu3, (See Exhibit II "Fund Analysis" for more detail. Exhibits; I Location Map II Fund Analysis III Bid Tabulation IV CIP Detail Sheet I 10G084.wp • ~DOVER CAMBRIDGE LN, 01~ ( 1 Agin No e^d~ramT R OXFORD LN CHURCHILL CH EATHER C I R, CNURCH1L stiG GNU~cNl~ V y Q~' G J u ~ w pp~ ~ ,v O=~ ~p,~p MGR v~~ L i ~Sp HftiC 4 MERSON icy (4, V, W ~ W a A o i z _ Q ca Z n w ~y h AID FRI J IUC Z C2 N = n W = WIL~IAMSBURG ROW O 3 qa ce z O O F MISTYWOOD LN, 1 ROE N. ~J WOOD LALIRELWUOJ CIR, Q g GREENWOOD z w MOHICAN S~CHER w o VN1v~R REE H JP9 Z PO N~ ~ R F-1 n MAN 1992 REPLACE 61t& 8" WATER LINES EMERSON 8', BROOKFIELD 8', OLENNWOOD 8", LOCKSLEY 8', ARCHER TRAIL S" DRAWN SYi DANIEL BROlrN CIP# 93-0461D0O DATE: 12-30-92 SCALE: 1'=800' ~andaNo ~_Q 1992 REPLACE MISC. WATER LINES FUND ANALYSIS DESCRIPTION ACTUAL/ BUDGET ESTIMATE CONSTRUCTION (1992 REPLACE 64')00'00 64, 0,00 CONSTRUCTION EMERSON $290'000'00 $113, 89.00 OTALt $0.00 $113 089,00 354,000A 41 ,141. OVER /UNDER BUDGET !558,141 00 AVAILABLE FROM FY93 OVERSIZE WATER $76,000.00 TOTAL W/ FY93 OVERSIZE $430,000.00 x410,141.00 OVER /UNDER BUDGET $19 059.00 a uvx.. ID # 1545 ID NAME REPLACE MISCELLANEOUS , ~11Ce t~l'~`+tI WATERLINES 1992 C V(A ~~f r c . (i n sl, ~o►i 1 `~a Clr .t n ` , PEN DATE SEPTEMBER 9, 1993 it .A....'f'Y. __b scr IpTItiN:. _Vr:NbOn Vr=NbO>l.__ _.Vr:NbON _._Vr NbOR 'VENbOn 1. EPLACE MISCELLANEOUS WATERLINES 92 2. EMERSON 8' WATERLINE 3. BID TOTAL tj~7+~cF1.OA 3~~rot1~11.0~ g41,~I6o,5U 3,51) 170.50 3,~ 7,UI~i•2S ID BONDICASHIERS CHECK « v I I i :r G<Y~ GT~ 1993 CAPITAL IMPROVEMENT PROJECT # 93-04610C PROJ TITLE; (1992) REPL, MISCELLANEOUS WATERLINES AQ04tlal(BnL- ESTIMATED COST; $298 (x 1000) EVALUATION SCOFiE~~S6 " GROUP ASSIGNMENT; 5 DESCRIPTION: Replace deteriorating waterlines and service connections translerred to front of property. Archer Trail-Emerson to Emerson 8" 1,900 LF $104,000 Locksley -Emerson to Nottingham 8" 1,526 LF $ 71,000 Glennwood-Windsor to Emerson 6" 600 LF S 38,000 Brookhollow-Emetsonto Woodhaven 6" 11,000 LF $ 37,000 Emerson-Brookfield to Rockwood 6" 500 LF $ 48,000 PURPOSE: Save on maintenance and repair costs. Improve system integrity. j COST I CALCULATION: 0eaigrVInspection estimate $ 26,000 Construction estimate 5272.000 Total $298,000 FUNDING REQUIREMENTS:CASH FLOWSIENCUMBRRANCES (In Dollars x 1000) ENO EXP ENO EXP ENO EXP ENO EXP ENO EXP ENO EXF 1993 0 N D J 260 48 F 46 M 4 A 47 M 47 J 47 J A S 1994 O N D J F M ; A M J J A S 11 1995 0 N D J F M ; A M J J A S ; ENCUMBERANCES CASH EXPENDITURES BONO REV AIC OTHER TOTAL BOND REV AIC OTHER TOT, TOTAL IST YR $0 $260 $0 $0 $280 s0 $280 $0 s0 $280 TOTAL 2ND YA $0 s0 s0 so $0 $0 $0 $0 s0 $0 TOTAL 3RD YR $0 $0 $0 $0 $0 $0 s0 s0 s0 s0 GRAND TOTAL $0 $280 $0 s0 $280 $0 $280 $0 $0 $280 ENCUMBEAANCE DATES: PHASE DATE AMOUNT General Purchase Eng. Design City 1192 $ 18 Inspection City 1193 $ 8 Construction 1193 $272 Miscellaneous ENCUMBERANCE TOTAL 5298 COMMENTS; This Is a multiyear project beginning In 1992, Encumberancss prior to 1993 $ 18,000 Current CIP $280.000 Total Project Budget $298,000 1 3123192 14:47 PQ Y T C I T Y COUNCI . c a. y~ m= j, ~pandiNa 1-03 Apeada~te C oete.-_., -d ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITUR. OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE: FROM ONLY OUI SOURCE CHASESACCOFROMRDANCREQUE WITH THE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including; items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the ma- terials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF OENTON HEREBY ORDAINS: ~ mentorr su p ies, ag desfollowing in then"Purcha emorders";attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 37071 AMERICAN MANACEKENT SYSTEM $74,325.00 SECTION Ii. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECTION Ii . That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section t and the expenditure of funds pursuant to said contracts is hereby authorized. 1 Agenda No 9_?_a,47-Agendalfsm Dale__c,-,- o2ro SECTION ~Y, That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of r 1993. BOB CASTLEBERRY, MAYOR I ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: i LM { tl Agenda No -J% 7 Agenda!tem e6 DAR_SEPTEMBER 21, 1993 CITY COUNCIL REPORT TO Mayor and Members of the City Council FROM, Lloyd V. Harrell, City Manager SUBJECT: PURCHASE ORDER #37071 TO AMERICAN MANAGEMENT SYSTEM RECOMMENDATION: We recommend Purchase Order 037071 to American Management System be approved in the amount of $74,325.00. SUMMARY: This Purchase Order Is for the Annual Contract for maintenance of the Local Governmental Financial Software (LGFS) utilized by the City of Denton. This software is the basis for all financial tracking and accountability as well as purchasing and inventory. The maintenance agreement includes "Hotline" assistance in software application, updates in the form of New Releases and implementation of new enhancement. The Data Processing Advisory Board recommended approval. This purchase is exempt from the bid process as s sole source acquisition. Texas Local Govt Code Chapter 252.022. BACKGROUND: Purchase Order #37071 to American Management System, Minutes from Data Processing Advisory Board meeting of August 30, 1993. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Information Services Department, Finance Department. FISCAL IMPACT: 1992-93 Budget Funds for Special Services Account #100-044.0080- 8521 with a balance of 488,418.13. y spe ully sub tsd: to,d . Harrell City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent agenda. 411 PURCHASE ORDER NO. 3'P071 INS 15 A This number must appear on all CONFIRMING ORDER Invoices. s. boxes, packing sups, cases. ~ (IF MARK c tns boxeess, , packing sips and bins. 00 NOT DUPLICATE pact No Bid No Dale: 09 14 93 Pogo Ncl. 01 ITY PURCHASING DIVISION 1901 01a DEN SONf ITDEE TONN.SEXAS 76201-4354 TEXAS 6171383-7100 DOW METRO 8171267-0042 FAX 8111382-4692 VENDOR AMERICAN MANAGEMENT SYSTEM NAME/ P.O. BOX 101043 DELIVERY CENTRAL ONLY S11 ADDRESS ADDRESS INFORMATION SERVICES ATLANTA, GA 30392 901 B TEXAS ST DENTON, TX 76201 VENDOR NO. ANE4200o DELIVERY QUOTED 09 20 93 F08 DESTINATION BUYER TS TERMS ii$C urn '~.v~w,"5+.''~ Y;~'rH.''s w+<i~6vd` ;fJE$f1IFTI 2r, iig •.lMa iCa-..tL A". ,,ESI?.`~2;:➢&+R'~`r;RM i•. T;,. 001 74325.000 EA VENDOR CAT. I N / A MFG NAME 1.000 74,325.90 CITY 120554 MAINTENANCE FEES FOR AUG. It 93 THRU JULY 31, 1994 i P GE TOTAL 1 4 2 Ot J4 GR ND TOTAL t 4, 2 Ot I 01 100 044 0080 8521 74,325.00 'i LA 1 4 Anln, 4~r.r. p. garL.AI YEW W SiAUCiIONS:... i 3 terms Net 30 I. + Card MiOhal InYalee with dupJcele copy, f 4, Shlppin InstruUions FOB Declination prepaid Aurt,%, .a,r... ,r,,t&W BIII to C Aecoten te Pav+ble I S No edmd or slaw clef us shall be Included Payable , uc +r0 wis on SIS McKh1ij SL In polices billed 1, Q•„ntent„iX„11t t•4199PURCHASING AgonIaNo_~~~ - Agendaiterrt~ mow'` Date Q'~?1=-~3 MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF AUGUST 30, 1993 MEMBERS PRESENT: Don -dwards, Robert Minnis, Rosa Lawton and Gene Luster MEMBERS ABSENT: Brian Scott OTHERS PRESENTi Dave Dickey I Dave Dickey indicated that the first order of business was to elect a new chairman. Bob Minnis nominated Don Edwards for chairman and Gene Luster second the motion and it passed unanimously. Don Edwards made a motion the minutes from the May 24, 1993 meeting be approved as written. Bob Minnis seconded the motion and it passed unanimously. Following some discussion regarding the amount 2nd features of the L.G.F.S. maintenance agreement, Gene Luster made a motion that the D.P. Advisory Board recommend that the City Council approve the L.G.F.S. maintenance agreement with American Management Systems. Bob Minnie second the motion and it passed unanimously. As new business Gene Luster suggested that D.P. Advisory Board be presented with the City's and Information Services Department Budget. Dave Dickey and other board members advised Gene Luster that this was done at the May 24, 1993 meeting. Gene Luster also suggested that the D.P. Advisory Board investigate the possibility of a different computer platform and other software options as a less expensive alternative to the City's current environment. Mr. Luster also suggested that the Advisory Board members be given some kind of folder to keep board papers, meeting minutes, etc. Thero being act other business the meeting was adjourned. rt ~C I T Y:' Eii -~COUNCI - - - - - - - - - - - - - 1 M 4 f ~ p4~0 ss . n. m• a' Q p M' ~~Ov occ AQeneeNe. ~ AgeeWo ~ ORDINANCE NOS AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GREENVILLE FOR THE PURCHASE OF A CONTINUOUS EMISSION MONITORING SYSTEM. THE COUNCIL OF THE CIT: OF DENTON H.:REBY ORDAINS: SECTION I. That tho Mayor is hereby authorized to execute an interlocal agreement between the City of Denton and the City of Greenville for the purchase of a Continuous Emission Monitoring System, a copy of which is attached here to and incorporated by reference here in. SECTION II, That this ordinance shall become effective immediately upon its passage and approval 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: r I~Ar a11e" TEMB §21993 Late CITY COUNCIL REPORT TO. Mayor and Members of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GREENVILLE FOR THE PURCHASE OF A CONTINUOUS EMISSION MONITORING SYSTEM RECOMMENDATION: We recommend the Interlocal Agreement be approved so the bid process can be Implemented. SUMMARY: This Interlocal Agreement authorizes the City of Greenville to serve as the bidding entity for the City of Denton In the acquisition of the Continuous Emission Monitoring System. Actual purchase will be based upon the bids received and recommended by the City of Greenville and its Design Consultants Sargent and Lundy, Consulting Engineers. Recommendation will be presented to the Denton City Council for final approve! of our portion. BACKGROUND: Memorandum I.eepared for Public Utility Board dated August 27, 1993, copy of proposal Interlocal Agreement between City of Denton and City of Greenville. FISCAL IMPACT: None at this time. Expenditures will be presented to Council for Inal approval after bid evaluation process is completed. fully su tted: / / Ll . d . Harrell C ty Manager Approved: ~J Names Tom D. Shaw, C.P.M. Title: Purchasing Agent i 9-~ 7-43n f ~i: If A~iAdalfBR?~ . _ August 27, 1993 PUBLIC UTILITIES BOARD AGENDA TOt CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD FROMi R. E. Nelson, Executive Director of Utilities REt "INTERLOCAL" AGREEMENT BETWEEN THE CITY OF D£NTON AND THE CITY OF GREENVILLE FOR THE PURCHASE OF A CONTINUOUS EMISSION MONITORING SYSTEM RECOMMENDATIONt The Electric Utility recommends that the City enter into an interlocal agreement with the City of Greenville, Texas for the purchase of a continuous emission monitoring system. SUMMARYI The Texas Municipal Power Pool (TMPI,) I of which the City of Denton is a member, has entered into agreements with Sargent & Lundy for professional services to prepare specifications for continuous emission monitoring systems. The TMPA cities intend to jointly purchase continuous emission monitoring systems for each city's needs. An "interlocal" agreement between the City of Denton and the City of Greenville will allow Greenville to execute the bidding process on behalf of the TMPP cities. BACRGROUNDt The TMPP cities of Denton, Bryan, Garland and Greenville with Sargent & Lundy, consulting engineers, have prepared specifications to purchase continuous emission monitoring systems. The cities intend to bid the continuous emission monitoring systems jointly anticipating value from volume purchasing, interchangability and common system operation. Greenville Electric utility has been selected to execute the bidding process on behalf of the TMPA cities. Upon evaluation of the return bids, Sargent & Lundy consultants will provide the TMPA cities with continuous emission system purchase recommendations. Based on purchase recommendations, each city wl11 execute a purchase order to the successful bidder for the specified supply. A "interlocal" agreement will be executed with Greenville Electric Utility in accordance with state purchasing requirements. AgondaNo q3 n~7~ Ag~rda~tertt.,.y~~ . Dote- PROGRAMS, DEPARTMENT, GROUPS AFFECTEDi y City of Denton Municipal Utility, Electric Production Division City of Greenville FISCAL IMPACTI The "interlocal', agreement has no financial significance. Respectfully submitted, R. E. Nelson Executive Director of Utilities Prepared by: Jim T une, Manager ie ric Production Division Approved by: Jim Harder, Director Electric Utilities Exhibits Ii Ordinance, Plinterlocal" agreement i Aganda No Agerdaffem'00C '~61P_. Da 19 .S :4/ to INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF GREENVILLE This agreement is made this day of , 19 _ between the City of Denton, Texas and t e C ty of Greenv lle, Texas, a political subdivision of the State of Texas. Pursuant to the authority granted by the Texas Interlocal Cooperation Act (Article (32c) V.A.T.S.) providing for the cooperation between local governmental bodies, the parties hereto, in consideration of the premises and mutual promises contai~ied herein, agree as follows: I. The City of Denton, Texas makes, constitutes and appoints the City of Greenville, Texas, its true and lawful purchasing agent for the purchase of a Continuous Emission Monitoring System. The City of Denton agrees that the City of Greenville shall be the purchasing agent for said items, and the City of Greenville agrees to conduct the bidding of such purchases in accordance with the applicable statutes and laws in effect during the term of this Agreement. II. The City of Denton agrees that all specifications for said items shall be as determined by the City of Greenville per Sargent & Lundy recommendations. III. The City of Denton shall be responsible for payment directly to the vendor under each contract entered into pursuant to the cooperative purchasing program, and shall be responsible for the vendor's compliance with all conditions of delivery and quality of the purchased item. IV. Lloyd V. Harrell is hereby designated as the official representative to act for the City of Denton in all matters relating to the program, including the designation of specific contracts in which the City of Denton desires to participate. ens.. u~ ~gerBaMa_ g~/1.3?___ A~Endalfe~~.5.1~-- V. to C/ This agreement shall take effect upon execution by the Signatories and shall be in effect from the date of execution until delivery, acceptance and payment for the specified material has been completed. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers the day and year first above written. CITY OF DENTON, TEXAS LLOYD V. HARRELL, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FROM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., CITY OF GREENVILLE, TEXAS ATTEST: SECRETARY e MCITYV~==_- _ ~C0UNCI f0~ t s~ a~ h * rv 0 0 M. I t 0 t agarzdaNo •d 4gendalie ate m ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON FOR THE PURCHASE OF FUEL. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor Is hereby authorized to execute an interlocal agreement between Denton County and the City of Denton for the Purchase of Fuel, ♦ copy of which is attached here to and incorporated by reference here in. SECTION II. That this ordinance shallbecome effective immediately upon Its passage and approval. PASSED AND APPROVED this the _ day of , 1993. 130B CASTLEBERRYj MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: uv,ooc B Agenda No._L2e -A~l 9' 6K41e9EPrENBE1V2M993 0a,e / CITY COUNCIL REPORT alo TO: Mayor and Members of the'City Council FROM: Lloyd V. Harrell, City Manager SUBJECT: INTERLOCAL COOPERATIVEAGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON FOR THE PURCHASE OF FUEL RECOMMENDATION- We recommend the Interlocal Agreement allowing for Denton County to purchase fuel and utilize City of Denton fueling facilities be approved. SUMMARY: Almost a year ago representatives from Denton County and the City of Denton began discussing the possibility of Denton County utilizing our fueling facilities for their local fleet. A series of meeting and exchange of documents has lead to consideration of this Interlocal agreement. This agreement would allow Denton County to be treated like a "Department of the city" for fueling purposes. They agree to pay a fixed markup of .15 per gallon over our actual cost and we in turn agree to furnish the fuel, facility, and vehicle records. This agreement appears to be a win-win situation for both entities as well as the local tax payer. Commissioner Court considered this agreement In regular session, Tuesday, September 14, 1993 and It appears they will approve the document at their action item agenda on September 21, 1993. With Council approval we intend to make every effort to have this agreement in place by October 1, 1993. BACKGROUND: Interlocal Agreement. i PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Fleet Services Divisions, j Denton County. FISCAL IMPACT, The .15 cent mark up will generate approximately $ 15,000 per year ase upon . year County fuel usage estimates of approximately 10,000 gallons per month. i 4IRIespully s 11tted Herre I City Manager proved: amo: Tom . Shaw, C.P.M. Title: Purchasing Agent e Agendalte STATE OF TEXAS rc COUNTY OF DENTON INTERLOCAL COOPERATION AGREEMENT This Agreement i County s made and entered , a political subdivision of the State OfnTea s between Denton, referred to as "County" and the City of Denton pCitcorporation of Denton Count hereinafter 11. Y Y. Texas, hereina aft hcme rule er referred tiocas WIiEREAS, COUNTY is a duly or the State of Texas engaged in the aganized Political dministration of count y Govern- i of related services for the benefit of the citi County; and zensiof Denton WHEREAS, COUNTY, in providing these services to utilizes vehicles and requires a source of fuel for o its vehicles, and its citizens peration of WHEREAS, CITY is the owner of certain facilities and equipment designed for the provision of vehicle fuel, and WHEREAS, COUNTY desires to utilized the CITY's fueling facili- ties and equipments and i WHEREAS, COUNTY an and CITY mu a provisions of TEX. GOV T CODE ANN ch 791, theo to subject Coopera- tion tion Act and contract pursuant theretol NOW Inrlocal COUNTY a a- CITY, for the mutual consideration hereinafter R stated follows: , COUNTY and agree as I. A. COVENANTS OF THE CITY 1. CITY shall provide COUNTY with access to its fuel facility located at 901 Texas Street, Denton, Texas, for the obtaining fuel for COUNTY's vehicles. This access provided 24 hours daily within a secure purpose of CITY's property, , lighted aret upo~l the lacilitiITY shall provide COUNTY with fuel cards to acc.+ . The cards. The C USTYiwill di t bute fuel cards dto authorizedlCOUNTY issued &hal be 93 personnel and billing records shall be vaint all fuel obtained by the COUNTY based upon the d b fuel utilized card. Y the CIT~f for on A. COVENANTS OF THE COUNTY COUNTY Seven.Hund red Fifagrees and nO/Pa0y to Dollars the amount one Thousand ($1,750,00) for the initial PAGE I i Agenda No__j%j g037 Aac-ndalle"_~ number of fuel cards used to gain access to the CITY's fuel facility. In the event any additional cards are required, the COUNTY agrees to pay CITY the sum of Five and no/100 Dollars ($5.00) per additional card. 2. COUNTY agrees to pay for all fuel provided pursuant to this Agreement on a per gallon basis at a rate calculated as follows: Actual per gallon cost of fuel as purchased by the City plus fifteen cents ($0.15) per gallon. 3. County agrees upon receipt of monthly statement to remit any funds owed for fuel usage within thirty (30) days from the date of said statement. II. CITY and COUNTY agree that CITY makes no warranty of any kind, express or implied, regarding quality of the fuel or the facilities provided pursuant to this Agreement. COUNTY assumes all risk and liability resulting from the use of the fuel or facilities covered by this Agreement. III. Except as provided in the paragraph above, CITY agrees to and accepts full responsibility for the acts, negligence, and/or omis- sions of all the CITY's employees, and agents, CITY's subcontrac- tors, and/or contract laborers doing work under a contact or agree- ment with CITY in performance of this Agreement with said COUNTY. COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the COUNTY's employees, and agents, COUNTY's subcontractors, and/or contract laborers doing work under an agreement or contract with COUNTY in performance of this agreement with CITY. It is further agreed that if a claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be borne by them comparati,: Ejly in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defense available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. IV. The term of this Agreement shall be for a period of one year commencing as of October 1, 1993 and ending September 30, 1994. Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on September 1 of each year if the COUNTY and CITY agree in writing on or before the first PAGE 2 a AgWaNo_ qt'j " Agcndallem Ioc_ 1009 r!a!e__4~L y3_ 5~6 day of September to the successive term and the amount of consider- ation to be paid hereunder for each successive term. Either party may terminate this Agreement at any time upon thirty (30) days written notice to the other. V. Any notice or other written instrument required or permitted to be delivered under the terms of this Agreement shall be deemed to have been delivered, whether actually received or not, when de- posited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to the parties, as the case may be, at the following addresses: COUNTY: CITY: Denton County, Texas City of Denton Attni County Judge Attn: City Manager Denton County Courthouse 216 E. McKinney Denton, Texas 76201 Denton, Texas 76201 VI. This Agreement represents the entire and integrated agreement between COUNTY and CITY and supersedes all prior negotiations, representations, and/or agreements, either written or oral. This Agreement may be amended only by written instrument signed by both COUNTY and CITY. VII. This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the state of Texas. VIII. In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. IX. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and affect. PACE 3 ApdaNo _ ~ - Agee idaIteq,.4CL E EXECUTED in duplicate originals this the day of , 1993. DENTON COUNTY CITY OF DENTON By: By: Jeff Moseley, County Judge Bob Castleberry, Mayor ATTEST: ATTEST: By: By: Deputy, county Clerk City Secretary APPROVED AS TO LEGAL FORM: APPROVED AS TO LEGAL FORM: 1 Bys By: r Attorney for Denton County Atxorhey for the C ty f Denton Et\kFD0CW\FAL.9 PACE 4 C ITY COUNCI w rr w ~~Q p f 's C a GG ~ VrdaNo. -0 7 Agendalt 9 We CITY COUNCIL REPORT FORMAT TOs Mayor and Member of the City Council FROM: Lloyd V. Harrell, City Manager SUBJECTt CONSIDER APPROVAL OF AN ORDINANCE FOR CONSULTING SERVICES CONTRACT WITH C. DAVID HAM RECOMMENDATTONr The Utilities Department recommends approval of the contract with C. David Ham for an amount not to exceed $12,960. SUMMARY: David Ham is retiring September 30, 1993. The contract states that Mr. Ham shall provide the same services that he is currently providing as an employee until the waste water treatment expansion is completed. BACKGROUND: The expansion of the Pecan Creek Waste Water Treatment Plant commenced on August 6, 1992. Dave Ham has been the City's on-site representative for the entire project. It Is in the City's best interest to have Mr. Ham continuo working on this project until it is completed. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDo Citizens of Denton, Denton Municipal Utilities, Pecan Creek Waste Water Treatment Plant and C. David Ham. FISCAL IMPACTi The proposed FY 1994 Budget has ;19,400 allocated for this service. The proposed contract amount of $12,960 is $6,440 or 33.2% below the proposed budget. C' LY SU M L oy H it el , Prepared byi City Manager Lee K. A, PDirector of Water Engineering and Operations Approv d b { Robert E. Ne son, P.E. Executive Director of Utilities Attachments I. Contract II. Ordinance r: j3\wpdoce\cor\davehem-ord Agenda NOev nal Agentla~te ,e5 Date ORDINANCE NO. AN ORDINANCE OF THE C?TY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING A CONSULTING SERVICES CONTRACT WITH C. DAVID HAM; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI SECTION I. That the City Manager is hereby authorized vo act on the City's behalf in executing a consulting services contract with C. David Ham, a copy of which is attached hereto and incorpor- ated by reference herein. SECTION II. That this ordinance shall become effective immedi- ately upon its passage and approval. PASSED AND APPROVED this the day of , 1999. BOB CASTLEBERRY, MAYOR ATTESTI JENNIFER WALTERS, CITY SECRETARY BYI APPROVED AS TO LEGAL FORMS DEBRA A DRAYOVITCH, CITY ATTORNEY BY ~ I 3 Aganda No _ ~,3 -O_3 7 Agenda~lertt.~~ t6L' CONSULTING SERVICES CONTRACT BETWEEN THE CITY Of DENTON AND C- DAVID HAN The CITY OF DENTON, TEXAS, a acme Rule Municipality situated in Denton County, Texas, hereinafter called "CITY" acting herein by and through its City Manager, together with C. David Ham, hereinaf- ter called "CONSULTANT", hereby mutually agree as follows: 1. GOALS AND OBJECTIVES CITY desires to contract with CONSULTANT for services in assisting CITY in the management of the Wastewater Treatment Plant Improve- ments Construction Project. II. CONSULTANT'S SERVICES CONSULTANT shall render services necessary for the management of the construction project as outlined below. CONSULTANT shall exer- cise the same degree of care, skill and diligence in the perfor- mance of his duties as is the prevailing standard in this region for p,.ofessional engineers acting as construction managers under similar circumstances, and CONSULTANT shall, at no cost to CITY, "re-perform" services which fail to satisfy the foregoing standard of performance. CONSULTANT, working as an independent contractor under the general direction of CITY's Director of Water Engineering and Operations, will have the following dutiest 1. C personnel and resident oordinate construction activities with contractor, plant Engineering consultant (Alan project Plummer and Associates). CITY 2. Make presentations before Public Utilities Board and city council concerning project status, change orders, or other project matters. 3. Conduct daily inspections of project construction, keeping a daily report of contractor activities, etc. 4. Check and certify monthly contractor payment requests. 5. Prepare minutes of weekly contractor/plant coordination meet- ings, monthly formal meetings and monthly Public Utilities Board status reports. CONSULTANTOs duties mutuallyagreedupon in writing modified, fthe~partiesd during the term of this contract. k Agenda No ~L. Agenda lem 4ds 't.3 f Ctats III. CITY SERVICES The CITY agrees to provide the following services: A. Allow CONSULTANT to use the construction trailer provided to CITY by the Contractor at the Pecan Creek Wastewater Treatment Plant. B. Provide to CONSULTANT, at no cost, clerical support pertaining to the Pecan Creek Wastewater Treatment Plant Improvements construction project. IV. TER! OF AGREEMENT CONSULTANT shall commence rendering services on October 1, 1993. This agreement will continue to be in effect until December 31, 1993. The Contract term may be extended upon written agreement of both parties. However in no case shall the term extended beyond the final acceptance of the plant improvements. V. COMPENSATION TO BE PAID CONSULTANT CITY agrees to pay CONSULTANT for the services performed hereunder as follows: A. Amount of payment for services: CONSULTANT will charge the CITY on the basis of actual profes- sional time spent. Payment for services rendered will be based upon the rate of $40.50 (Forty dollars and fifty cents) per hour. The total amount of compensation for service con- tained under this contract shalt not exceed $12,960.00 (Twelve thousand nine hundred sixty dollars and no cents). B. Reimbursement of Expenses: CONSULTANT's expenses shall be reimbursed by CITY, provided that they are approved in advance by CITY's Director of Water Engineering and Operations. C. Dates of Pa} 'nt: CITY will pay CONSULTANT within fourtean (14) days of receipt of each bi-weekly invoice from CONSULTANT. V1. JUPERVISION AND CONTROL BY CITY It is mutually understood and agreed by and between CITY and CONSULTANT that CONSULTANT is an independent contractor and shall not be deemed to be, or considered, an employee of the CITY of DENTON, TEXAS, for the purpose of income tax, withholding, social I 2 I 0 AcvdaNo A~e~L~ lA fixsecurity taxes, vacation or sick leave benefits, worker's compensa 6 tion, or any other CITY employee benefits. CITY shall not have supervision and control of CONSULTsa'P or any employee of CONSUL- TANT, and it is expressly understood that CONSULTANT shall perform the service hereunder at the general direction of the Director of Water Engineering and Operations of the City of Denton cr his designee under this agreement. I VII. SOURCE OF FUNDS All payments to CONSULTANT under this agreement are to be paid b the CITY from funds appropriated by the City Council for such purposes in the Budget of the City of Denton. VIM INDE.NIFICATION CONSULTANT shall and does hereby agree to indemnify and hold harm- less CITY from any and all damages, loss of liability of any kind whatsoever, by reason of injury to property or third person to the extent directly and proximately caused by the error, omission or negligent act of CONSULTANT in the course of the performance of this agreement, and CONSULTANT will, at his cost and expense, defend and protect CITY against any and all such claims and demands. IX. CHOICE OF LAW AND VENUE This agreement shall be governed by law of the State of Texas, and venue for its construction and enforcement shall lie in the courts of Denton County, Texas. X. CANCELLATION CITY and CONSULTANT each reserve the right to cancel the Agreement at any time by giving the other party fourteen (14) days written notice of their intention to cancel. If the Agreement is canceled before completion, the CITY agrees to compensate CONSULTANT for services provided and expenses incurred prior to notice of cancel- lation. XI. SEVERABILITY CLAUSE If any section, subsection, paragraph, sentence, clause, phrase or word in this Agreement, or applicaticn thereof to any person or circumstance is held invalid by any court of c:,rpetent jurisdic- tion, such holding shall not affect the validity of the remaining portions of this agreement, and the parties hereby declare they would have enacted such remaining portions despite any such inval- idity. 3 y ApdaNo Ag ndallem' e- EXECUTED this the day of , 1993. W/ f BY: LLOYD V. HARRELL CITY MANAGER ATTEST JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCHl CITY ATTORNEY BY: C. DAVID HAM, CONSULTANT SSN:241-36-8103 DATE 93 js\wpdoco\ccr\daveham.cn 4 CITY= - COUNCI T I 'IT'' gT IT. IT. 'r f UO2 ~ L O4~ a` ~i 4 ~ ~~„°GLfl~C00 K 4L~~+ N =C ITY= COUNCI 00 o ~ fib. o a. j.: OGGfl~ i A~eM1No ApendBit S 8110 CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201 MEMORANDUM DATE; September 16, 1993 TO: Lloyd V. Harrell, City Manager FROM: John F. McGrane, Executive Director of Finance SUBJECT: GENERAL FUND, WORKING CAPITAL FUND BUDGET AMENDMENTS The original General Fund budget did not project the increase in hotel/motel tax collections. Because of the increased revenues, and because of contractual agreements with subrecipients of these funds, the City will incur unforeseen expenditures of funds. In order to accommodate these expenditures, an additional appropriation of funds requiring an amendment to the original General Fund budget will be required. This appropriation will be offset by the additional revenues that are being generated from the increased collections. In order for the City to comply with its previously approved contractual commitments, it is necessary to make this appropriation. The Warehouse portion of the Working Capital Fund was required to make a number of purchases to inventory that were unforeseeh when the original budget was passed. This was required because of two major projects. One was the awarding of a contract by the State for additional work on the Teasley Lane project. Utilities were required to be moved from their current site, and this required additional purchases from the Warehouse. In addition, Epic Hospital has begun a project to relocate their hospital facilities. Odce again, Utilities had to be provided to the site. Both of these projects were not 'foreseen when the original budget was approved. in order to provide for these projects, it was necessary to increase the inventory purchases in the Warehouse. Once again, the revenues for these purchases will offset the expenditure of these funds. The changes in the budget are being done for municipal purposes. If you have any questions, please advise. JFMCIif AFF0015A 6171566-8200 D/FW METRO 434-2529 Agenda No D Agenda tent, 95 ¢5G Lble CITY otDENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / DENTON, TEXAS 76201 MEMORANDUM TO: Lloyd Harrell, City Manager FROM: Bob Nelson, Executive Director of Utilities DATE: September 17, 1993 SUBJECT: FISCAL YEAR 1993 BUDGET AMENDMENT - ELECTRIC UTILITY The electric utility fiscal year 1993 budget must be amended to provide additional spending authority for increased natural gas purchases. Natural gas is required for electricity generation, and therefore necessary to provide our customers with electric service on a continuous basis. The current estimate of actual natural gas costs for fiscal year 1993 is $7.037 million compared to a budget of $2.972 million, a difference of $4.065 million. Due to savings in other areas of the electric utility budget, the actual budget amendment required is $1.738 million. During 1993, Denton was required to increase the number of hours of generation at the Spencer plant. This was a result of lower generation at other TMPA/TMPP pool cities due to maintenance down time, plus additional generation related to warmer summer weather. Actual generation for the year is estimated at 237,300 MWH compared to a budget of 85,700 MWH. These factors have resulted in much larger purchases of natural gas as compared to budget. In addition, the price of natural gas has been higher than budgeted. These increases In gas purchases to support higher Denton generation time were not anticipated at the time the 1993 budget was approved by the City Council. Since Denton generation levels are determined by TMPA/TMPP pool agreements and weather conditions, the electric utility has limited control over natural gas purchase requirements. 8171566-8200 D/FW METRO 434.2529 AgendaNo.- AgEadallem_ ~ _ ORDINANCE EXHIBIT A FISCAL YEAR 1992-93 YEAR END BUDGET AMENDMENT CURRENT INC(DEC) MODIFIED BUDGET AMOUNA T BUDGET ACCOUNT Finance Miscellaneous 736,501 42,342 778,843 Chamber of Commerce 17,239 100-041-020M-8936 North Texas Fair Association 5,746 100-041-02OM-8961 Greater Denton Arts Council 6,049 100-041-020M-8975 Denton Co. Historical Museum 5,057 100-041-02OM-8977 Denton Co. Historical Foundation 690 100-041-02OM-8978 Hotel Motel Tax Reserve 7,561 100-041-02OM- 8998 Total --42,342 ELECTRIC FUND Electric Production 48,178,652 1,737,857 49,916,509 Electric Production 1,737,657 610-080-0251-6201 WORKING CAPITAL FUND Warehouse 1,991,244 500,000 2,491,244 Warehouse Inventory Purchases 50,000 7!0-043-0562-8703 Electric Inventory Purchases 325,000 710-043-0582-8708 Water & Sewer Inventory Purchases 125,000 710-043-0582-8709 500,000 r f:\VPMS\DRD\. MERD.0 An ~3 •D~ ORDINANCE NO. Q AN ORDINANCE AMENDING THE 1992-93 ANNUAL BUDGET OF THE CITY OF DENTON BY APPROPRIATING THE SUM OF FORTY TWO THOUSAND THREE HUNDRED FORTY TWO DOLLARS FROM THE UNAPPROPRIATED BALANCE OF THE GENERAL FUND AND DISBURSING IT TO VARIOUS ACCOUNT NUMBERS; APPROPRIATING THE SUM OF ONE MILLION SEVEN HUNDRED THIRTY SEVEN THOUSAND EIGHT HUNDRED FIFTY SEVEN DOLLARS FROM THE UNENCUMBERED BALANCE OF THE ELECTRIC FUND TO ACCOUNT 610-080-0251-8201; APPROPRIATING THE SUM OF FIVE HUNDRED THOUSAND DOLLARS FROM THE WORKING CAPITAL FUND TO VARIOUS ACCOUNTS; PROVIDING FOR PUBLICATION HEREOF; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City is required by contracts with various organizations to remit a certain percentage of hotel occupancy taxes collected and the 1992-93 Budget did not project the increase in the collection of such taxes and the corresponding obligation to remit the funds to the organizations; WHEREAS, the City Manager having advised the City Council that such increases were not anticipated prior to the adoption of the 1992-93 Budget and could not have been included within the pro- visions of the original budget; WHEREAS, the recent award by the State of Texas of construc- tion contracts for the Teasley Lane project and the construction of new hospital facilities has necessitated the purchase of additional inventory for completion of these projects not budgeted for this year; WHEREAS, increases in the price of spot natural gas and increases in generation caused by the weather and Texas Municipal Power Agency obligations have resulted in the need for additional expenditures in the Electric Fund; WHEREAS, the City Manager having advised the City Council that such increases were not anticipated prior to the adoption of the 1992-93 Budget and could not have been included in the original budget; and WHEREAS, the City Manager seeks an amendment to the 1992-93 budget due to public necessity, in compliance with Sec. 8.08 of the Charter of the City of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SECTION I.. That the 1992-93 Budget of the City of Denton, Texas is hereby amended by appropriating the sum of Forty two thousand, three hundred forty two dollars from the Unappropriated Balance of the General Fund to the following accounts: 100-041- Agcida No. -439 ApidallagL 020M-8936,100-041-020M-8961,100-041-020M-8975,100-041-020M-8977, 100-041-020M-8978, and 100-041-02OM-8998 for the purpose of making contractual payments to the chamber of commerce, the North Texas Fair Association, the Greater Denton Arts Council, Denton County Historical Foundation and Denton County Historical Museum, Inc. SECTION II. That the 1992-93 Budget of the City of Denton, Texas is further amended by appropriating the sum of One Million Seven Hundred Thirty-Seven Thousand and Eight Hundred and Fifty- Seven Dollars ($1,737,857) from the unappropriated balance of the Electric Fund to Account No. 610-080-0251-8201 to cover the increases of natural gas purchases due to weather and contractual obligations which were unforseeable. SECTION III. That the 1992-93 Budget of the City is further amended by appropriating the sum of Five Hundred Thousand Dollars ($500,000) from the unappropriated balance of the Working Capital Fund to Account Numbers 710-043-0582-8703, 710-043-0582-8708, and 710-043-0582-8709 for the purchase of additional inventory which could not have been reasonably anticipated prior to adoption of the 1992-93 budget. SECTIQN IV, That the City Secretary is directed to attach a copy of this ordinance to the original budget and cause this amendment to be published once in the Denton Record-Chronicle. SECTION V. That this ordinance shall become effective immed- iately upon its passage and approval. i 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: PAGE 2 ITY ®UNCIL ~1 •1♦ f~ g Agenda No 0 Apendattent`..._ S ±~SN Date ~3 DATE: September 6, 1 93 CITY COUNCIL REPOU TO: Mayor and members of tie city Council FROM,. Lloyd V. Harrell, City Manager SUBJECT: BANK DEPOSITORY PROPOSALS RSCOMMSMDATIOM: Staff recommends continuing to utilize First State other continuing our Bank as our pository depository. relationship W with s recommend secondary de es. BACKGROUND: The current depository contract will expire September 30, 1993. Request for proposals were sent to all Denton banks, and advertised in the local paper. We were pleased to receive two bids for the City operating funds. The proposals were from Bank One, Denton and First State Bank of Denton. Attachment A identifies the projected cost of each proposal. Also attached is the summary of the evaluation forms and copies of the proposals. Based on the information received, our recommendation is to retain our operating account program with First State Bank of Denton. We also recommend that the City continue to maintain banking relationships with the following financial institutions: Bank One, Denton; Bank One, Dallas; North Texas Savings; NCNB, Dallas; NCNB, Fort Worth; and Ameritrust, Dallas. SUMMARY: During your September 14, 1993 meeting, we presented the bank depository proposals to you. We stated during the meet ng that our recommendation was based on several overriding factors. The first was the fact that First State Bank rated better on the evaluation criteria than Bank One. Secondly, their cost was significantly lower. First State proposed the same cost in their current proposal as they did in 1991. Thirdly, First State Bank is offering direct deposit for payroll at no cost for the first year. They are also offering free checking accounts to employees that utilize direct deposit. PR03A3M8 DS?ARTMtIiTB OR GROUPS AFFSCT84: All departments of the City of Denton will be affected by the bank depository proposal. II I Aco nda fem ,e_ r's City Council Report %3 Sank Depository Proposals o~ a.3 Page 2 I FISCAL IXPACT: The first year of the contract with First State Bank will cost approximately $35,072 and the second year will cost approximately $36,112. Respect ully submitted: Lloyd V. Harrell City Manager Prepared bye )irector~ Treasury Operations Approved: J McGrane E egutive Director of Finance AFF0075C AANKIN0 SER' to AND FEES FIRST T3 0NU DME4REN OTAL DESCRIPTION Or SERVICE Yr. One Yr. Two Yr. One ISMMMMMMX~ 1 1,800.00 3,600.00 1,800.00 600.00) Account aaio tona .e 2 1,500.00 960.00 540.00 .,080.00 Bal. Rf.porting Inquiries 3 192.00 $76.00 384.00 384.00) 768.00 Deposit Ticket:-CR stirs 4 12,000.00 10,500.00 1,500.00 1,500)0 3,000.00 Items De sited-Sncodin 5 4,224.00 4,608.00 (384.00) (384.40) 768.00) Ch,309 Paid-DR posting 6A 1,000.00 1,000.00 0.00 0.00 0.00 Wire Services - incoming 6B 2,100.00 .,1,575.00 525.00 525.00 1,050.00 Wire Services - Outgoing 7 750.00 750.00 000.00 800.00 50.00 $0.00 100.00 S:o Pa ent Requeet 8 0.00 0.00 12.50 12.50 1:.50 (12.50 25.00 Coin Wrappers Furnished 9 100.00 100.00 50.00 50.00 50.00 50.00 100.00 Deposit Sll s Printed 10 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Large Vault Cash Bags 11 136.50 136.50 52.50 52.50 84.00 84.00 _ 168.00 Plastic Drawstrin Ck Bags 12 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Safe De sit Boxes 13 0.00 0.00 80.00 80.00 (80.00 480.00) (160.00) Research Hours 14 0.00 0.00 225.00 225.00 225.00 225.00 450.00 Cost of Collateral Pled ed 15 0.00 0.00 0.00 0.00 0.00 0.00 0.00 CControlled Disbursement service 16 0.00 0.00 2,400.00 2,400.00 )2,400.00) (2,400.001 (4,800.00) Transference Automatic s~ 600.00 1 100.00 Return Items N k&N 17A 900.00 900.00 1,500.00 1,500.00 #2ot 11B 0.00 0.00 2,880.00 2,880.00 880.00) 15,760.001 Return Items - Reclear _ (240.00 Return items - Te 17C 0.00 0.00 120.00 120.00 120.00) le hone v e 18 0.00 0.00 0.00 0.00 0.00 0.00 FDIC Insurance Cost 19 8,952.00 8,952.00 9,168.00 9,168.00 (216.00) (216.00) A(432.001 Securities Clearing 20 650.00 1,690.00 1,950.00 1,950.00 1,30000) 260.00 Direct De R DR PaatIn 21 768.00 768.00 1,152.00 1152.00 384.00 384.00 Other Fees 35,072.50 36,!12.50 43,209.00 43209.00 (e,136.50) (7,00) TOTAL9 V CRITERIA FOR EVALUATION FIRST BANE WSIGHTED STATE ONE CRITERIA PERCENTAGES (Points) (points) qp 40 Ability to perform the requested services 409 10 8 Agreement to points outlined in this bid 109 259 25 15 Cost of banking services 59 5 4 Rates paid as Super NOW accounts Financial :stability of the Bank 109 1 10 59 5 5 Safekeeping agreements accepted 59 5 5 ,uality of all reports requested TOTAL 1009 97 87 I ~i 1 ATT CClit t-J Le2` ~rtsrs,~~ ~BID 1534 REQUEST FOR APPLICATION FOR BANK DEPOSITORY SERVICES CITY OF DENTON, TEXAS JULY 1993 BID OPENING DATE AUGUST 19, 1993 (Attachments Available Upon Request) I ;~~~Ita,n All I. INTRODUCTION The City of 'enton is seeking applications from eligible financial institutions ("Sank") to oe the banking services depository for public funds of the City. This agreement will not cover any investment transaction activities other than safekeeping services and possible purchase of certificates of deposit within a pre-defined limit. The City plans to manage its own investment portfolio. The contract period will be two years beginning October 1, 1997 and ending September 30, 1995. At the outset, the city wishes to communicate the primary objectives of the depository agreement, an Important component of the overall treasury and debt management program of the City of Cantons • To seek a Sank that is both capable of providing banking services and willing to be attentive to the City's money mattersl a To maximise the total dollars earned by the City on invested monies in order to be prudent and effective custodians of the taxpayers' financial resources] 4 To maintain a good working relationship with the depository Sankt and • To adequately compensate the depository Bank for services provided to the City and to allow a reasonable profit to be earned, subject to competitive forces in the market place. T There are several his bid is intended to serve as the proposal form for the depository agreement. alterations$ changes for deletions ltonthiand s bid emay be reason forwthedCity An slieregard and reject the proposal. All points outlined and materials requested will be incorporated into the bidder's reply to be considered for evaluation. Attachments will be appropriate in order to answer some of the enclosed questions. Questions regarding this bid may be addressed tot Harlan L. Jefferson, Treasurer, C/o City of Denton - Department of Finance, 215 E, McKinney, Denton, TX 762011 617/566-8224. I -1- 6 'I Aga,r1i IN BALNK QUESTIONNAIRE 43:` ~'P2tend She Bank is requested to thoroughly viewer the following questions. Addit~~3 pages may be appended if apace is inadequate. 1. How is the bank chartered? State Chartered (Texas) 2. what percent of current loans are classified as non-performing? „ .6r'" 3. Does the Bank have any significant problems noted by regulatory agencies in the past twenty-four months? If •yes please explain. ene 4. Indicate the Bank's capital to assets ratio for the last five years. 6/30/93 8,51 12/31/92 .57 12/31/89 2.28 12/31/92 9.12 12131/90 6.28 5. What was the Bank's 1992 return on assets (ROA)? 1.81% 6. Attach copies of th• Bank's most recent FDIC (IM) call reports. Attached V. ACCOUNT DESCRIPTIONS A. General The City intends to establish the following Bank accountsi bccount Na_ms Tvoa Employees Claims Account taro-Balance Account Operating Account Zero-Balance Account Sinking Account Zero-8416ne♦ Account Payroll Account Soto-lalance Account Industrial Development Authority Super Now Rehab Account Zero-Balance Account Concentration Account Super Now Insurance Account taro-/ lance 6; coun% L'leetrie Distribution Account SOZO-! 14nea ACCOunt Clordie Account Super ow COSO Account faro-Balance Account Contractual Obligation Super Now Ray Roberts Lake Account Super fjw Public Properties Super Now Security Account BupOr Now The City reserves the right to open or close any number or type of accounts throughout the period if necessary although no changes are anticipated. -3- q 4 Aga~'aP~o__`Q~~ roru - FEE CHARGED/ ESTIMATED MONTHLY PEA UNIT VoL tz -CHARGE Q€ OUTIO'7 OF SE yIC£ 10. NIC 6 bags/year co 'Large vault cash bags Xn '3 M 11. 35 bags/year I.1: Plastic drawstring check bale /C 1/box .('O Safe deposit boxes (10x10) 13. N/C 4 hrs./month .00 Research hours 14. \/C 5300,000 on 00 Cost of collateral pledged average for by the bank (quota cost per 15 accovnts million pledged) 15. N/C 1 account .00 Controlled Disbursement service charge ` /C 16. 8 accounts .00 Zero balance automatic transfers 17. 1.50 50/month 15.00 a) Return items \/C 120/month •00 b) Return items roclaarad `/C 2/month .00 c) Return item telephone advice 18. \/C 15 accounts .00 FDIC Insurance cost 19. \/C 1 accounts •00 Securities clearing and safekeeping - IN/C .00 a) Maintenance charge 20.00 13/month 260.00 b) Receipts deposited (receives) 20.00 12/month 240.00 c) Receipts withdrawal (deli arias' 10.00 2/month 20.00 d) Coupon collections 2.00 $90 million a) Safekeeping of assets, per receipt 25.00 8/month 200.00 f) Book-entry security transfers via Federal Reserve, per transaction VC 1/year .00 q) Audit confirmations 2040.00 (Minimum rer transmission) BL-weekly Foos for direct deposit services for Payroll employees (900 employees, total. payroll ■ $60000001 25.00 50.00 a) Tape chargo($10.00 per tranani==i• \/C via modem, .00 b) ACM settlement v NIC .00 e) Stop paymant orders •08 144.00 d) Credit/debit posting 40 e) other (list each specific * I: x 15 S20/per 100 charge) 16 x 24 39/per 100 ACNpayroll services will be provided at no charge during the first 12 months )r t;^e contract period. 5ee attachment to Page 5, C. E. Other ServLCes please specify any other services available to the City of Denton which may to 9y/,Vg thought to be beneficial or that may apply to the City. State all related ((//%%11 fees. See .attac': ed. F. Pavment for Service` The City intends to pay for all account services provVed by the Bank as set fourth in Section V. B-E. The method expect~,d to be used for the payment of these services is the direct payment method. The Bank should debit the appropriate accounts on a monthly basis. The City will require an account analysis each month which will clearly show volume counts, fees charred, and total price for servicing the account. The account analysis should also show average ledger balances, average uncollected funds, and average collected balances, interest rates and the amount of interest paid or credited to the account. These fees are not subject to change for the length of this contract. Please submit a sample of the monthly account analysis statement that will be provided to the City of Denton. Safekeeping fees for the City's Investments shall also be set up on an account analysis and paid monthly. Please submit a sample of the safekeeping account analysis. Attached. 0. Collected Funds Definition The City desires to receive same day credit for all funds deposited by 300 p.m. The funds should be investable for any investment transactions that can be executed. If not invested, the funds should earn interest at the rate being paid for Super NOW accounts. Please attach proposed availability schedule. Use a separate attachment if necessary. See attached narrative and schedule. H. $ueerNOW Rates Please provide a detailed explanation of the Bank's policy and methodology used in the setting of rates paid on Super NOW accounts. Also, provide a schedule of all rates paid on Super NOW accounts since January 1, 1992. Specifically indicate if the rates are applied to ledger balances or collected balances. Indicate when the rates change and if they are based on a market rate such as T-Bill discount or yield rate. If the Bank proposes to pay the City A different rate on its Super NOW accounts, indicate that proposal. See Attached. VI. COLLATERAL REQUIREMENTS A. Sscurltles Pledaed As security for the deposits of the city of Denton, the Bank shall pledge to the City securities equal to the largest total balances the City of Denton maintains in the Bank. Certificates of deposit and other evidences of deposit shall be collateralized at 1021 of market, for U.S. Treasury Bills, Notes, and Bonds with a remaining maturity of three years or less and at 1021 of market for other securities. The securities so pledged, the amounts thereof and the time for pledging same must satisfy the requirements of Article 2560 Tex. Rev. Civ. State. Ann. The City will accept as collateral for its certificates of deposit and demand deposits only those securities identified by the Public Funds Investment Act as eligible investments. Additionally, U. S. Treasury securities shell be the primary securities accepted as collateral. The maximum levels needing to be collateralized are estimated to be the maximum amounts for the Super NOW accounts and certificates of deposit estimated to be 53,000,000. -7- •nvestmen a k"N743 lgmpF'`~ 5f'_ The Cley of Denton will be responsible for handling th* inbir~yy process. The Depository Bank, along with any eligible ~innv ;"Oat ~tdir.n shall be included in the bidding --ild.r.; accordance with the City's investmetpolieess iprociea. as deea.ed approprlats aPin 0• Sa[ekeenina/wipe r (~/Jf The third-party safekeeping bank must he a suDscribaeaoun r to thenq al Fedeccoural Securley Wire system. In addition n the ha f e k esping account in which pledged latleralsis held, the City must have access to a nt to which uritles for ceolder a customer a accc c Fa can be delivered via the Federal Reserve book entry system ount. H. Intere■ Rates Paid C •~r~ r9s or De st The City may choco* to invest in certificates of deposit in the depository Bank or any other eligible financial institution. The depository Bank agrees to m the certificates ofpdepositsoin varying amountsnandtmaturitiess at rates hdetermin.ed by the depoeitory's competitive bid as submitted in accordance with periodic competitive bid solicitations conducted by the city. What is the shortest maturity length in days that the Bank will accept for certificates of deposit in amounts of 5100,000 or greater? ' davs I. Interest Rate al tlations Interest on all certificates of deposit shall be computed on an actual day basis ll be the Cit Interest6Calculationsiwilleinclude he first day in thy on Investmentuperi date. will not include the day of maturity. Payment will be made b period but Bank account. by crediting the VII. OVERDRAFTS A. winlufl The City does not intend to have a net overdraft position throughout the course of the contract. An overdraft is defined as a negative demand balance in the City accounts collectively, not by individual account. B Jun applyt Should an overdraft occur in the aggregate, the following stipulation shall I. The maximum number of days the overdraft will be allowed is 3 2• The maximum amount of the not overdraft to be allowed will be l00 000 5 3. The interest rate charged for overdrafts will be computed on an actual day basis. per annum * No interest charge on daily ledger overdrafts. Should monthly average collected balances be overdrawn (in aggregate), interest at FSB base rate will be charged. IX. PROPOSAL INSTRUCTIONS A. late, Time, Location Sealed proposals clearly marked 'Proposal for Bank Depository Agreement" should be delivered to the Finance Department located at city Hall, no later than 2100 p.m., August 19, 1993 to the attention ofs Tom Shaw Purchasing Agent 901-8 Texas Street Denton, TX 76201 NO PROPOSAL WILL BE RECEIVED ALTER 2100 P.M. 8. Response to the Did The proposing Bank should use this aid form to submit rates and to answer questions wherever possible, However, any point that the Bank cannot agree with should be clearly noted with attachments which explain this disagreement. Please reference the section and paragraph in these cases. Also, please clearly restate the question when supplying anewsrs on any supplemental pages. C. Additional Information The City reserves the right to request additional information or to meet with representatives from proposing organizations to discuss points in the proposal before and after submission, any and all of which may be used in forming a recomnendatton. D. Right to Reiect Side The City reserves the right to reject any and all proposals. X. OTHER MISCELLANEOUS A. Periodic Review The City of Denton shall require a review meeting at least once every six months to evaluate the working relationship between the City and the depository Bank. The objective wi.l be to address any problems and to seek a responsible solution. More frequent meetings may be called if necessary. B. City council Action The final appointment of a depository Bank will be made by the City Council of the City of Denton. C. Bid Advertisement This Bid will be duly advertised and is being offered for consideration to all financial institutions inside the corporate limits of the City of Denton, as permitted by state laws. -11- tII. ALTER ATE BID-LOCKBO,' S l, i'r~ES., C iemr~:5 The City of Denton Le seeking applications from eligible flnaMClalli efItuti_na bidding on the main bid to include an alternate bid for Lockbox services. M L/ 3 The contract period will be the mama as the main Bid, beginning on October 1, 993 and ending September 30, 1995 or thereafter until the successor Depository shall have been daffy seiected and qualified according to state laws. The City of Denton requires a lockbox account for the purpose of collecting and pr,zcessing the City's utility bills and property tax revenues. The volume of utility bills the city currently receives through the mail is estimated to to 20,000 pieces per month. Tax revenues received in the mall are heaviest during the months of November through February and average 5,500 pieces per month. During the remainder of the year, tax revenues mailed In are approximately 1,000 pieces per month. These volume estimatea are based on fiscal year ended September 70, 1992 totals. The City separates utility bill collections and tax c~llectione into two divisions because of their unique needs and record keeping cons saints. Each division would require a separate tape returned for input to the City's system. The Utility Division matches the account number, the name of the payor, and the addren, on the coupon and check. It does not matter if the amount on the chock does not match the amount owed on the coupon. The City's system will automatically Include the past due amount on the next billing. All coupons must be returned for reference in handling customer inquiries. The Tax Division matches the account number, and the amount. They also require a printout of who the payor on each account number is. If the amounts of the coupon and the check do not match, this must be separately accounted for on a different tape or printout. The Tax Division would need either a copy of each check oturnod or easy and timely access to check copies on a request basis as well as coupons returned with the tape or printout. Attach a step by step explanation of the mail collection and rsmlttance processing procedure that the bank follows. Bid the cost of services based on the options listed belowi 1. Lockbox collection and processing with separate computer printouts for Tax and Utility Divisions returned to the City each day. 2. Lockbox collection and processing with ■ magnetic tape returned to the city each day, format specifications of the bank given to the City for internally programming the interface needed for inputting the tape directly into the city's system. 3. Lockbox collection and processing with a magnetic tape returned to the City each day. Bank supplies format based on the City each iay. Bank supplies format based on the City's system specifications. City uses this format to program the interface for the magnetic. 4. Lockbox collection and processing with a magnetic tape returned to the City each day. Bank does all programming necessary to convert City's system to capability of handling the magnetic tape. Explain the procedure the bank follows for the record keeping of checks and stubs. Does the bank put checks and stubs on microfiche as part of the procedure? Explain the procedure and cast of processing returned checks. The city requires that returned checks be sent through twits before returning them to the CLty. -13- a AgondaNo__1~~ Agsr,daftem_~~ Page 6, W3 C. First State Bank offers ACH origination service for payroll accounts. Information may be furnished to the bank on either magnetic tape or transferred by modem from personal computer to personal computer. The City must deliver the ACH file to the Bank by two (2) working days prior to payment date. For the initial twelve month period of the contract, ACH payroll origination will be handled at no charge. City employees receiving ACH payroll deposits will be offered free checking accounts for the initial twelve month period as well. This will encourage your employees to participate in the ACH program. After the Initial twelve months, the following charges will apply. The cost of ACH service is 8 cents ($.08) per entry plus $10.00 per modem transmission ($25.00 via tape ) with a $40.00 minimum per transmission. Page 6, D. First State's Money Market Account is a convenient overnight investment vehicle with a competitive rate of interest (currently 3% for investments greater than $25,000). In addition, the Bank can provide other short term investment products through its Invest Department. One such product is the AIM Government Fund, currently paying interest at 4.43%, with no sales charge for balances in excess of $1,000,000. This particular fund has maintained a very stable net asset value while providing above average returns. We have enclosed a prospectus for this fund and would be glad to discuss this or any similar products with the City at any time. Page 7, E. First State Bank currently has five locations in Denton, most with extended banking hours of 7:00 AM until 7:00 PM, currently staffed with over 65 tellers. We feel that First State is in a position to deliver superior and efficient service to the City of Denton and the City's 900 employees without delays, especially during times of peak volume, such as payday. P Ag#gJJNJACNMENT D C3~ Ag"dalte d7 BANK ONE, f <A 'IA BID 1534 REQUEST FOR APPLICATION FOR BANK DEPOSITORY SERVICES CI'T'Y OF DENTON, TEXAS JULY 1993 BID OPENING DATE AUGUST 19, 1993 (Attachments Avallsble Upon Request) 5A.NK ONE, TEXAS, NA 49enda 215 W. HICKORY Agb iti 1-6/% DENTON, TEXAS 76201 I. INTRODUMON The City of Denton is seeking applications from eligible financial institutions i"Bank") to be the banking services depository for public funds of the City. This agreement will not cover any investment transaction activities other than safekeeping services and possible purchase of eortif..cates of deposit within a pro-defined limit. The City plans to manage its own investment portfolio. The contract period will be two years beginning October 1, 1997 and ending September 700 1995. At the outset, the City wishes to communicate the primary objectives of the depository agreement, an important component of the overall treasury and debt management program of the City of Dento.zi e To seek a Bank that is both capable of providing banking services and willing to be attentive to the City ,a money matters1 e To maximiro the total dollars earned by the city on invested monies in order to be prudent and offs:-five custodians of the taxpayers' financial resourceol e To maintain a good working relationship with the depository Banki and e To adequately compensate the depository Bank for servine■ provided to the City and to allow a reasonable profit to be earned, subject to competitive forces in the market place. This bid is intended to serve to the proposal form for the depository agreement. There are several blanks to fill in and questions to be answered. Any alterations, ehan es, or deletions to this bid seat be reason for the Cit -Eo al r`egar a reject the propose L. ALL points ou n sn mater a ■ requests _dF Attachments will be appropriate din/ order ytoo n r considered some of o the aenclosed questions. Questions regarding this bid may be addressed toy Harlan L. Jefferson, Treasurer, c/o City of Denton - Department of finance, 215 Z. McKinney, Denton, TX 762011 817/566-8224. This bid proposal may be accepted or rejected in whole but not in -art. With respect to all banking services cot,templated herein, City of Denton agrees to enter into such standard implementing forms and agreements as shall be established from time to time by Bank One consistent with the policies and procedures of Bank One. The obligation of Bank One and City of Denton are subject to all governmental requirements and restrictions now or hereafter applicable thereto. To the extent of conflict between this bid proposal and any contract to which this bid proposal may be incorpcrated, the terms of this bid proposal shall govern. See Attochrent A l3 -03 9 Venda No ` Agendalteft 1V. SANK QUESTIONNAMIOete_g:z _ . 16 if The Sank is requested to thoroughly answer the following questions. Additional pages may be appended if space is Inadequate. See Attachments 1. Now is the bank chartered? Nationally Chartered 2. What percent of current loans are classified as non-performing? .2 Uo 3. Does the Bank have any significant problems noted by regulatory agencies in the past twenty-four months? If •yee•, please explain. Not Available 4. Indicate the bank's capital to aseets ratio for the last five years. 7.101J 1993 5. What was the Bank's 1942 reture on assets (RCA)? 1.8': 6. Attach copies of the Bank's most recent FDIC (Yg,)!$) call reports. See Attachments V. ACCOUNT DESCRIPTIONS A. Caneral The City intends to establish the following Bank accountst Account Naas MW lmployess Claims Account Zero-Balance Account operating Account Zero-Balance Account Sinking Account Zero-Balance Account Payroll Account Zero-Balance Account Industrial Development Authority ,MteW,f(ol{ Commercial Money Mkt C} Rehab Account Zero-Balance Account Concentration Account AK*W tW Commercial Money Mkt C; Insurance Account Zero-Balance Account Electric Distribution Account Zero-Balance Account Clordis Account AV40WOW Commercial. Money Mkt C. CDso Account Zero-Balance Account Contractual Obligation ,1W Commercial Money Xkt C' Ray Roberts Lake Account =A$#4 Commercial Money Mkt C' Public Properties 1#pl¢ Commercial Money Mkt C. Security Account ~2" Commercial Money Mkt C' The City reserves the right to open or close any number or type of accounts throughout the period if necessary although no changes are anticipated. Commercial Money Market Checking accounts not subject to account analysis, and as such balances are not used to offset services provided. -3- Agenda No _ ll3 Agendallent- _~S +r6H I~te TOTU a,3 TEE CFMGED/ ESTIMATED MONTHLY PER ONIT VOL= DESC4:PT=14 or SERVICT " 10. n0 Chg 6 bags/year Large vault cash bags 11. ~S 35 bags/year Plastic drawstring check bags 12. 1/box 75.00/vear Safe deposit boxes (10x10) 13• e:0.00 L hrs./month $80.40 Research hours * 15.Attachment C3300,000 on Cost of collateral pledged 18.75 average for by this bank (quote cost par See 15 accounts million pledged) 15, attached 1 account Controlled Disbursement se mice 20.00 charge 16. S23.00 S accounts ',nn-QQ_ Zero balance automatic transfers 17._S 2.50 50/month 5125.00 a) Return items S Loo 120/month S2 °'4.40 b) Return items reclearad 55 5..~_ 2/month S t4,.16 c) Return Stem tolophone advice }18. Nu Chg see 1S accounts roic insurance cost 19. Atta~tm t El accounts Securities clearing and safskasplnq 25.00 - a) Maintenance charge $20._00`_ 13/month b) Receipts deposited 12/month o) Receipts withdrawal 2/month d) coupon collections $90 million a) Safaksepinq of 1ssatm, ' 'For ' receipt r - - S/month f) took-entry security transfers via federal Rose rre, per transaction 1/year 9) Audit confirmations 20. Si-weekly fees for direct deposit merotees f:r Payroll employeee (90o employees, total payroll , 6600,000) $30.00 S 60.00 a) Taps charge S .10 S 90.04 b) AC8 settlement 52n.nn c) Stop payment ordure See AttAPSAA d) Credit/debit posting See e) Other (lice each sFaclfl: charge) 'Input from attached material, or information obtained `orm Don Ogden. -5- Agenda No _ 037 Apenda~te~.1~?S s. Other Services Dale...-:~.L_%~ J Please specify any other services available to the City of Denton may ed wFh be thought to be beneficial or that may apply to the City. State a related tees. F. Pavment_for Services The City intends to pay for all account services provided by the Bank as set fourth in section V. B-E. The method expected to be used for the payment of these services is the direct payment method. The Bank should debit the analoaisaeachaccounts month swhion a monthly ch will clearlyishowTvolume Co cwill ounts, require an total price for servicing the account. The account analysis should also show average ledger balances, average uncollected funds, and average collected balances, interest rates and the amount of interest paid or credited to the account. These fees are not subject to change for the length of this contract. Please submit a sample of the monthly account analysis statement that will be provided to the City of Denton. Safekeeping fees for the city's investments shall also be met up on an account analysis and paid monthly. Please submit a sample of the safekeeping account analysis. 0. Collected funds Definition The City desires to receive same day credit for all funds deposited by 300 P.M. Sb1!%!►TdfQl(%l0~df0fYA70(IG Ift1tYAK10fIY:'tYYXxRYXIXYMM1B6Y11f.XX)MM X)MI 7G1C(.LA1lR`{k9116 AYl.~Y ICUMM. it not invested, the funds should earn interest at the rate being paid for luper NON accounts. Please attach proposed availability schedule. Ves a separate attachment if necessary. Same day ledger credit is given for funds deposited by 3s00pm. Only collected funds are available for investment, H. Super NAM pate. Please provide a detailed explanation of the Bank's policy and methodology used in the setting of rates paid on Super NOW accounts. Also, provide a schedule of all rates paid on super NOW accounts since January 1, 1992. Specifically indicate if the rates are applied to ledger balances or collected balances. Indicate when the rates change and if they are based on a market rate such as T-Bill discount or yield rate. If the lank proposes to pay the City a different rate on its Super NOW accounts, indicate that proposal. See Attachment F VL COLLATERAL REQUIREMEM A. Securities Pledged As security for the deposits of the City of Denton, the lank shall pledge to the City securities equal to the largest total balances the City of Denton maintains in the lank. Certificates of deposit and other evidences of deposit shall be collateralized at 102% of depositsAoeotfc*cxAkmms wW*bbtiKx XMW 'IIWIiI~(xdtKedged, th'aNlllle amountlXYlf[X1~s Y sdtAXdll0tr1f7Ut110NfJltYYY11X The sscurities so pl %thereoYBlILYffand the ties for pledging same must satisfy the requirements of Article 2560 Tex. Rev. Civ, state, Ann. The City will accept as collateral for its certificates of deposit and demand deposits only those securities Identified by the Public Funds Investment Act as eligible Investments. Additionally, U. S. Treasury securities shall be the primary securities accepted as collateral. The maximum levels needing to be collateralized are estimated to be the maximum amounts for the Super NOW accounts and certificates of deposit estimated to be ;3,000,000 "See attachment -7- Agenda No _ ~3r~ Apendalt -5 0 h f, City to Handle Invemtmenta N1--- t:7 - / 9 3 The City of Denton will be responsible for handling the LnvestIn bidding process. The Depository Sank, along with any eligible financial Institution shall be included in the bidding process as deemed appropriate and in accordance with the City's investment policies, a S-_R ti epinalWir• eervLeee The third-party safekee ing bank must be a subscriber to the federal Security Wire system, In WNW to the safekeeping ac^ount in which, pledged cothe lmust lateral nbook account entry to which Federal securities can be delLvered via the raderal Reserve system for a customer account. H. Interest Rates Paid tficatsm of DODOS-it The City may choose to invest in certificates of deposit in the depository lank or any other eligible financial institution. The depository Sank agrees to ace•ppt time deposits from the City for investment yurposes in the form of certifieates of deposits in varying amounts and maturities at rates determined conducted by the ed I accordance with periodic by thedeposit ycompetitive competitive d solicitations City, What is the shortest rtificat s of deposit aInriamounts of 1100 0 0 or a greater? Z 4,avs , accept for ~ 1. Interest Rate Calcstletinni Interest on all certificates of deposit shall be computed on an actual day basis (365)p and the interest will be paid to the City on the maturity date. Interest calculations will include the first day in the investment period but will not include the day of maturity. Payment will be made by crediting the lank account. VII. OVERDRAFTS A. Q=finitLan The City does not intend to have a net overdraft position throughout the course contracts An not i b; defined individual a accountYe demand balance in the City accounts collactively S. Terms should in overdraft occur in the aggregate, the following stipulation shall apply) i 1. The maximum number of days the overdraft will be allowed is t. The maximum amount of the net overdraft to be allowed will be 1 The interest rate charged for overdrafts will be per annum 3, computed on an actual day basis. Overdrafts and other loan requests are subject to the credit policy of Bank One and will be evaluated on a case-by-case basis. .9. 8 W4 No ApeAddlte+rl.~ IX. PROPOSAL INSTRUCTIONS A. Date. Time. Location baled proposals clearly marked 'Proposal for Bank Depository Agreement' should be delivered to the finance Department located at City Hall, no later than 2100 p.m., August 19, 1997 to the attention of: Tom Shaw Purchasing Agent 901-L Texas Street Denton, TX 76101 NO PROPOSAL 112LL as RBCLIVBD AMR 2100 P.M. B. Response to the Bid The question$ whet Bank vr should t However oanyt point that t the a Bank cannot agree with should be clearly noted with attaehmsnts which explain this disagreement. Please reference the section and paragraph in those cases. Also, please clearly restate the question when supplying answers on any supplemental pages. C. Additional Information The with Crepresent tives from proposing organisations lto discuss points in the proposal before and after submission, any and all of which may be used in forming a recommendation. 0. Rich%,_to Raiset Bids the City reserves the right to reject any and all proposals. X. OTHER MISCELLANEOUS A. Periodic Review The City of Denton shall require a review meeting at least once every six months %.o evaluate the working relationship between the City and the depository Bank, The objective will be to address any problems amd to seek a responsible solution. More frequent meetings may be called it necessary, B. City Council Action The final appointment of a depository Bank will be made by the City Council of the City of Denton. C. Bid Advertisement corporate offered imits consideration This Bid will birlions advertised inside and the being of s the r all financial !st City of Denton, as permitted by state laws. -11- ~endaNo 1~~~7 _ Apendalterrt,. X19. ALTERNATE BID-LOCKBOX SER't-ES-?j-g a ~ ~a3 The City of Denton is seeking applications from eligible financial institutions bidding on the main bid to include an alternate bid for Lockbox services, The contract period will be the same as the main Sid, beginning on October 1, 1993 and ending September 30s 1995 or thereafter until thG successor Depository shall have been duly selected and qualified according to state laws. The processinqg theDenton squtility billsg sad cproperty the revenues, The volume and utility bills the city currently receives through the mail is estimated to be 20,000 pieces per month. Tax revenues received in the mail are heaviest during the months of November through February and average S,S00 pieces per month. During ttpehe mremaithnder year# tax estimates revenues are bamailed sed on in are totals. fiscal syearxendedlSeptOemberi300 IM The City separates utility bill collections and tax collections into two divisions Lecauss )f their unique needs and record keeping constraints. Bach division would require a seppcrate tape returned for input to the City's system, The Utility Division matehes the account number, the name of the pa or, and the address on the coupon and check. it does not matter if the amount on the check does not match the amount owed on the coupon. The City's system will automatically include the past due amount on the next billing. All coupons must be returned for reference in handling customer inquiries. The Tax Division matches the account number, and the amount. They also require a andnthetcheck do not match on theac is must u be i umber ccunted for anfatdifferent tape or printout. The Tax Division would need either a copy of each check returned or easy and timely access to check copies on a request basis as well as coupons returned with the tape or printout. Attach a step by step explanation of the mail collection and remittance processing procedure that the bank follows. Bid the cost of services based on the options listed belowe 1. Lockbox collection and processing with separate computer printouts for Tax and Utility Divisions returned to the City each day. 2. Lockbox collection and processing with a magnetic tape returned to the City each days format specifications of the bank given to the City for internally programmingthe interface needad for inputting the tape directly into the City's system, 3. Lockbox collection and processing with a magnetic tape returned to the City each day. Bank supplies format based on the City each day. Bank supplies format based on the City's syst" specifications, City uses this format to program the interface for the magnetic. 4. Lockbox collection and processing with a magnetic tape returned to the City each day. Bank does all programming necessary to convert City's system to capability of handling the magnetic tape. Explain the procedure the bank follows for the record keeping of checks and stubs. Does the bank put checks and stubs on microfiche as part of the procedure? Explain the procedure and ro-" of processing returned checks. The City requires that returned checks be sent thto.',h twice before returning them to the City. -13- i j I I b:kde,os,,, Agenda No Agendal;ern_44s'A ~y cute - 9•.~/- 5 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON DESIGNATING DEPOSITORIES FOR CITY FUNDS FOR A TERM BEGINNING OCTOBER It 1993 AND ENDING SEPTEMBER 30, 1995. stitutionsSwithin Cthe City eofoitsaIntent fto receive ebidnapplica- tions for the custody of city funds for a term beginning on October 11 1993, and ending on September 30, 1995; and bankingRinstitutionsydesof Denton has received iring to be designated bid the proposals prime fde- pository for both operations and payroll accounts and standard banking services as requested in the proposal; and WHEREAS, after such opening the City Council found, on the basis of the bid proposals, that First State Bank of Denton, Texas has submitted the proposal offering the most favorable terms and conditions to the City for the handling of such fundst and WHEREAS, the City of Denton desires to maintain banking re- lations with the following institutions and to name those insti- tutions as additional depositories for the City of Denton; Bank One, Denton Bank One, Dallas NCNB, Fort Worth NCNB, Dallas North Texas Savings, Denton Ameritrust, Dallast NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That First State Bank of Denton, Texas is hereby selected and designated as the primary depository for operations and payroll accounts and banking services beginning October 1, 1993, and ending September 30, 1995. SECTION Ii. That the proposal of said institution having its office and place of business in the City of Denton, Texas, shall be attached hereto and made a part hereof, and the same is hereby in all things accepted. SECTION III. That Bank One, Denton, Bank One, Dallas, NCNB, Fort Worth, NCNB, Dallas, North Texas Savings, Denton, Ameritrust, Dallas are hereby designated as depositories for the City of Denton, in accordance with the terms of the proposals submitted and accepted, copies of which are attached hereto and made a part hereof. Aet* No Agertdalte oete~ dg SECTION IV. That the following officials, Lloyd V. Harrell, City Manager, Rick Svehla, Deputy City Manager, John F. McGrane, Executive Director of Finance, Kathy Dubose, Director of Accounting and Budgeting, and Harlan Jefferson, Director of Treasury Operations, are hereby authorized to transact business with the above listed institutions regarding daily banking transactions or investm9nts for the City of Denton. SECTION V. That this ordinance shall be effective immediately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTESTr JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORMr DEBRA A. DRAYOVIT/CHH~,~ CITY ATTORNEY BYr Page 2 =CITY.:-_:: ECOUNCI 4~ tir 4~ xe: s~ ~ e w , t p0 ~UL -03 ApenE1I D* CITY COUNCIL REPORT TOi Mayor and Members of the City Council FROMs Lloyd V. Harrell, City Manager SUSJECTs Ordinance Authorizing the City Manager to Sign a Contract with Services Program for Aging Needs (SPAN) to Provide Transportation Services in Denton DATEi September 21, 1993 RECOMMENDATIONi Staff recommends approval of the ordinance. SACKGROUNDs The City of Denton has received a state grant not to exceed $137,462, and a federal grant not to exceed $389,000, to provide planning, capital, and operating assistance for transportation in Denton. The attached contract provides for SPAN to contract with the City of Denton to continue to operate demand-response elderly transportation, HandiHop, and five fixed routes for public transportation. SUMMARYs The ordinance authorizes the City Manager to sign a contract with the SPAN to provide elderly, handicapped, and public transportation in Denton. The contract requires SPAN to provide services in accordance with state and federal guidelines. SPAN will submit its bills to the City to be reimbursed through local, state, and federal money through the Section 9 Federal Transit Administration and state grant agreements. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTEDi_ Transit users in Denton (i.e. HandiHop/Elderly and trolleys), SPAN 3 Dole ggj. 1~7~ FISCAL IMPACTt The contract amount will not exceed the FTA and State grant a $56 8 mounts. 6 , plThe us city's of City a stcash aff time that will count count toward local match. If not all funds are expended the local match portion will be reduced accordingly. The information attached highlights the breakdown -)f funds devoted to planning, capital, and operations. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED, Lloyd V. Harrell S City Manager I Prepared by: Catherine E. Tuc Administrative Assistant i Agenda No IM BUDGET FOR SECTION I PUBLIC TRANSPORT AD ON SPAN Date OCTOBER $.1003 TO SEPTEMBER 30.1944 ~Y ..•✓✓✓LLL REVENUES CAPITAL PLANNING 0,PLANNNO) (B PLANNING) OPERATING TOTALLDOMBINED TOTAL TOTAL SPAN CITY TOTAL SEC / BUDGET NOTION I GRANT 1160,000 121,000 $4,000 120,000 /.06,000 1310,000 PT? STATE MATCH 120,00 WWII 1080 $3,260 6102,00 91 22AW CITY OFDENTON 111.000 12,100 $360 611760 100,010 9107,010 UNITED WAY DENTON 0 0 0 0 16,000 16400 RSVP CONTRIBUTION 0 0 10 0 61,0 11,660 TROULEYADVERTISING 0 0 0 0 $4,00o /6,000 TOTALREVENUES 1200,000 WAN 16,000 121,000 $410,000 010,000 TOTAL EXPENSES 8200,000 $30,000 16,000 826,)00 6410,000 11440,000 DIPPERENCE to to 0 to to 0 EXPENSES CAPITAL PLANNING UL PLANNING) (S.PLANNIN00 OPERATING TOTAL COMBINED TOTAL TOTAL SPAN CITY TOTAL a0.1BUDGET PAYROLL 0 mom 68,000 826,000 6317,(+00 8317,000 SUPPLIES 0 0 10 0 $4.00 $4,600 ADERnSWGNROMonoN a $0 10 8o "loco 16,000 AUDIT 0 0 So 0 61,000 SE.000 OONFERENCE/TRAINING to /o 0o 0 13,000 0.000 MILEAGE to 0 0 0 1600 5600 OCCUPANCY RELATED 0 0 0 0 10,000 16,000 TELEPHONEXOMMUNICATICNS 60 0 t0 0 81,000 0,000 INSURANCE 0 0 t0 0 642,000 $41.000 FUEL 0 0 0 0 01,000 4:11,000 MANITENANCE 0 0 0 0 640,000 $401000 TAXI SUS-CONTRACT 0 0 0 0 001000 820.000 MISO 0 0 80 0 0,000 121000 LIPT EOUIPPEO VEHAVUBLIC 8200,000 0 0 to 0 1000,000 1200,000 00,00 k,000 126,00 1111,000 6717,000 BUS DONATIONS 10 0 10 0 117,000 917,00 FARES 0 0 to 10 637,000 637,000 TICKETSALEB 0 0 0 0 03,000 03,000 1200,000 00,600 16,000 1211000 $410,000 010,00 i Gc4:,rty agendako_ g~-D3~ j1 Agendallsk .'e5 PUBLIC TRANSPORTATION GRANT FOR FY 1994 Date -Q-- - - 61 FEDERAL STATE LOCAL TOTAL PLANNING $24,000 $3,900 $2,100 $30,000 CAPITAL $160,000 $26,000 $14,000 $200,000 OPERATING $206,000 $102,600 $102,500 $410,000 TOTAL $389,000 $132,400 $118,600 $640,000 LOCAL MATCH FOR SECTION 9 GRANT FY 1994 WITH TRANSFER TO CAPITAL TOTAL NEEDED $118,600 UNITED WAY $6,000 RSVP $1,660 ADVERTISING $5,000 $107,040 GENERAL FUND CONTI $56,826 CITY IN KIND $50,214 ApemaNo 93 -037 Ageadalter►L.~S #A DENTON SECTION 9 Date_ CAPITAL BUDGET 1994 j YTl REVENUES 1993 1993 1994 BUDGET ESTIMATE BUDGET SECTION 9 GRANT $96,344 $96,344 $389,000 PTF STATE MATCH $15,656 $15,656 $132,400 CITY OF DENTON $8,430 $8,430 $118,600 TOTALREVENUES $120,430 $120,430 $640,000 CAPITAL 1993 1993 1994 EXPENDITURES BUDGET ESTIMATE BUDGET SIGNS $18,430 $17,500 $10,000 LIFT EQUIPPED VEHJPUBLIC $102,000 $0 $190,000 TOTAL EXPENDITURES $120,430 $17,500 $200,000 DENTON SECTION 9 PLANNING BUDGET 1994 REVENUES 1993 1993 1994 PROPOSED BUDGET TRANSFER ESTIMATE BUDGET SECTION 9 GRANT $76,858 $20,000 $56,856 $24,000 PTF STATE MATCH $12,469 $3,250 $9,239 $3,900 CITY OFDENTON $6,725 $1,750 $4,976 $2,100 TOTALREVENUES $96,070 $25,000 $71,070 $30,000 PLANNING 1993 1993 1994 PROPOSED EXPENDITURES BUDGET ESTIMATE BUDGET GCIf==-s GENERAL DEV.IADMIN. (SPAN) $32,500 $6,635 $5,000 GENERAL DEV,IADMIN. (CITY) $63,570 $29,600 $25,000 TOTAL EXPENDITURES $96,070 $36,035 $30,000 i t AoWaNo Agerdalta!" 5 ~ DENTON SECTION 9 Date9 OPERATING BUDGET 1994 REVENUES 1993 1993 1994 PROPOSED BUDGET TRANSFER ESTIMATE BUDGET SECTION 9 GRANT $220,718 $12,500 $233,218 $205,000 PTF STATE MATCH $110,359 $6,250 $116,609 $102,500 CITY OFDENTON $94,542 $6,250 $107,829 $90,440 UNITED WAY DENTON $5,417 $5,634 $5,500 RSVP CONTRIBUTION $1,733 $1,866 $1,560 TROLLEY SPEC.REVENUE $5,417 $0 $0 TROLLEY ADVERTISING $3,250 $1,080 $5,000 $441,436 $25,000 $466,436 $410,000 OPCI iATING EXPEP!)ITURES 1993 1993 1994 PROPOSED BUDGET ESTIMATE BUDGET PAYROLL (lnclud,benefts) $334,799 $371,144 $312,000 SUPPLIES $4,695 $4,338 $4,500 ADVERTISINGYROMOTION $5,253 $1,035 $8,000 AUDIT (SPAN) $1,911 $1,624 $2,000 CONFERENCE/TRAINING $4,907 $935 $3,000 MILEAGE $3,023 $344 $500 OCCUPANCY RELATED $5,121 $3,002 $5,000 TELEPHONEICOMM. $2,049 $2,731 $5,000 INSURANCE $33,282 $26,812 $42,000 FUEL $39,824 $59,107 $38,000 MAINTENANCE $43,334 $39,174 $40,000 TAXI-SUBCONTRACT $21,687 $17,180 $20,000 MISC, $2,971 $2,820 $2,000 $502,836 $530,246 $482,000 LESS FIRE REVENUES $82,272 $82,993 $77,000 NET EXPE NO I TUR E 8 $420,564 $447,253 $405,000 I A9enJeNo AP063 Mann FY 1993 REVENUE$ VERSUS EXPENDITURES pate CAPITAL PLANNING OPERATING TOTAL REVENUES $120,430 $71,070 $466,436 $857,936 EXPENDITURES $17,500 $36,035 $447,253 $500,788 DIFFERENCE $102,930 $35,035 $19,183 $157,148 FEDERAL, STATE, LOCAL SHARE OF EXPENDITURES Fv 1993 ESTIMATE CAPITAL PLANNING OPERATING TOTAL FEDERAL $14,000 $28,828 $357,802 $400,630 STATE $2,276 $4,685 $111,813 $118,773 LOCAL $1,225 $2,522 $111,813 $115,561 TOTAL $17,600 $36,035 $581,429 $634,964 Is \4P000f \OND WAN.ONO venda No. AgendaltemA Date___ --obi,_s5~ Xf v6- ORDINANCE NO. AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES PROGRAM FOR AGING NEEDS (SPAN); AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENTi APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council has determined that it is in the beet interest of the citizens of the City to provide public funds to Services Program for Aging Needs (SPAN), in consideration of the valuable public services to be furnished by SPAN to the City of Denton in accordance with the Agreement attached hereto; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: $$CTION 1. That the City Council hereby approves the Agreement attached hereto, between the City of Denton and Services Program for Aging Needs (SPAN), and authorizes the Mayor to execute said Agreement. SECTION II. That the City Council authorizes the expenditure of funds as specified in the Agreement, not to exceed the amount of funds granted the City by the United States Department of Transpor- tation for transportation services. SECTION III. That We ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, MAYOR ATTEST., JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY., i Mo\WVXS\UR6ANT.K Agenda No Agendalterr~ Date_ Q~ AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) This Agreement is hereby entered into by and between the City of Denton, Texas, a Home Rule Municipal Corporation, (hereinafter referred to as City) and Services Program for Aging Needs (SPAN), a Texas non-profit corporation, (hereinafter referred to as Agen- cy): and WHEREAS, the City Manager has determined that the Agency is the transportation provider for the City and provides a needed service to citizens of the City and the City Council has provided for funds in its budget for the purpose of paying for contractual services as well as providing for eligible Federal Transit Adminis- tration fundsi and WHEREAS, the City has received grants from the Federal Tran- sit Administration and the Texas Department of Transportation to provide public transportation in the Denton urbanized area and wishes to contract with SPAN to provide such services: NOW, THEREFORE, the parties hereto mutually agree as follows: 1. 899PE OF SERVICES The Agency shall in a satisfactory and proper manner perform the following Projects undertake and complete the Project, and pro- vide for the use of the Project facilities or equipment, substan- tially as described in City's Application for Federal funding, which is incorporated herein by reference, filed with and approved by the U. S. Government, and in accordance with the terms and con- ditions of this Agreement, including: A. Providing transportation within the city limits for persons sixty years old or older and persons with disabilities during the hours of 7:00 a.m. to 7s00 p.m., Monday through Friday, and Saturdays from 10:00 a.m. to 6:00 p.m. B. Charging a fee to each passenger with a disability one Dollar and Fifty Cents ($1.50) for every one-way trip on the demand response system provided to that passenger. C. Providing transportation services within the city limits to the general public on four fixed routes, as outlined in Section I.A. hereof, for Seventy Five ($.75) for each one way trip, with a free transfer. D. Charging a fee to each person 60 years of age and older and all persons with disabilities eligible under the "Americans with Disabilities Act" no more than half price fare on the public fixed route system. Agenda No_1.32... Agendalfek,.&!!"S r Dote 9--621 - 3 E. Before amending its fares, Agency shall send notice to/Ci s/ informing it of the proposed amendment. The City shall consid r whether it shall approve the amendment. If the City does not take action to approve or disapprove the proposed fare within 60 days, it shall be deemed to have approved Cie proposed fare. F. Agency may contract with other persons or companies in ac- cordance with the terms and conditions or this agreement to provide the services specified herein during times when Agency does not operate. Transportation services provided by such subcontractses shall be in accordance with the terms and conditions of this Agree- ment. II. OBLIGATIONS OF AGENCY In consideration of the receipt of funds from the City, Agency agrees to the following terms and conditions= A. It will establish a separate bank account for deposit of funds paid to the Agency by the City and the only expenditures from this account, until such time as said funds are exhausted, shall be for those expenses listed in the scope of services as provided for herein. Agency shall not commingle funds received from other sources in this account and shall not utilize these funds for any other purpose. B. It will establish, operate, and maintain an account system for this program that will allow for a tracing of funds and a re- view of the ,:inancial status of the project and will permit autho- rized officials for the City of Denton to review its books at any time. C. It will comply with all federal statutes and regulations promulgated thereunder applicable to the Agency. D. It will comply with all provisions of the contract between the City and the State Department of Transportation, approved by the city of Denton on September 1, 19921 a copy of which is at- tached hereto as Exhibit "A" and incorporated by reference herein. E. It will reduce to writing all of its rules, regulations, and policies and file a copy with the City's Executive Director of Finance or his authorized representative along with any amendments, additions, or revisions whenever adopted. F. It will not enter into any contracts that would encumber the City funds for a period that would extend beyond the term of this Agreement. 0. At the discretion of the City, the Agency may be required to refund the balance of the special account to the city of Denton at the and of the Agency's fiscal year. H. It will promptly pay all bills when submitted unless there is a discrepancy in a billy any errors or discrepancies in bills PAGE 2 ~pande AgendaII ~-ge r Care shall be promptly reported to the Executive Director of Fin~ his authorized representative for further direction. I. It will appoint a representative who will be available to meet with the Executive Director of Finance and other City offi- cials when requested. J. It will indemnify and hold harmless the City from any and all claims and suits arising out of the activities of the Agency, its employees, or contractors and save and hold the City harmless from all liability, including coats, expenses and attorneys fees, for or on account of, any claims, audit exceptions, suits, or dam- ages of any character whatsoever rt,,3ulting in whole or in part from the performance or omission of any act of any employee, agent or representative of the Agency, whether or not such claim arises from the sole negligence of City. K. It will submit to the City copies of year-end audited financial statements in accordance with the provisions hereof. It shall also submit to the city, not later than October 1, 1994, an annual report to include year end statistics of the number of riders, fixed route by route, final financial data, and other quantitative data enumerating milestones and accomplishments. L. It will maintain liability insurance in amounts not less than the statutorily required worker's compensation insurance, $500,000 in automobile liability insurance coverage, and $500,000 in general liability insurance coverage. it will name the City of Denton, Texas and the State of Texas as additional insureds on said policies and shall provide city with certificates evidencing such coverage. Said policies shall not be cancelable unless 30 days written notice is given to city before cancellation. no laterAghanencyDecembershall 19gj.grant funds for the upcoming year N. Agency shall conduct public hearings on the grant proposal, as required by the American with Disabilities Act and ridership input for system and route changes, at such times as required by law. 0. All requests for reimbursement shall include documentation of expenditures as required by City's Executive Director for Finance. Farebox revenue receipt figures shall be included in each billing statement. P. Agency shall submit to the City copies of each accident report, the Police accident report, SPAN accident report and indication of drug policy action taken as soon as possible after the accident. A review of accidents will be conducted quarterly with the assistance of the City's Risk Manager. Q. Agency shall submit evidence of compliance with various federal and state regulations pursuant to City's request. PAGE 3 - a aQeada No ~0,3 ~ R. The Agency agrees: 1. To comply with the Privacy Act of 1974, 5 U.S.C. 5 552a a regulations thereunder, when performance under the Project involves the design, development, or operation of any system of records on individuals to be operated by the Agency, its third party contrac- tors, sub-grantees, sub-recipients, or their employees to accom- plish a Government functions 2. To notify th(, Government when the Agency or any of its third party contractors, sub-grantees, sub-recipients, or their employees anticipates operating a system of records on behalf of the Government in order to implement the Project, if such system contains information about individuals retrievable by the indi- vidual's name or other identifier assigned to the individual. A system of records subject to the Act may not be used in the per- formance of this Agreement until the necessary and applicable approval and publication requirements have been met. The Agency, its third party contractors, sub-grantees, sub-recipients, and their employees agree to correct, maintain, disseminate, and use such records in accordance with the terms of the Act, and to comply with all applicable terms of the Act; 3. To include in every solicitation and in every third party contract, sub-grant, and sub-agreement when the performance of work under that proposed third party contract, sub-grant, or sub- agreement may involve the design, development, or operation of a system of records on individuals to be operated under that third party contract, sub-grant, or sub-agreement to accomplish a Govern- ment function, a Privacy Act notification informing the third party contractor, sub-grantee, or sub-recipient that it will be required to design, develop, or operate a system of records on individuals to accomplish a Government function subject to the Privacy Act of 19740 5 U.S.C. 5 552x, aA Federal agency regulations, and that a violation of the Act may involve the imposition of criminal penal- ties; and 4. To include the text of Subsections 125.c. (1) through 125.c.(4) of Part II of the City's Agreement with the Government, in all third party contracts, sub-grants, and sub-agreements under which work for this Agreement is performed or which is awarded pursuant to this Agreement or which may involve the design, development, or operation of such a system of records on behalf of the Government. S. Prohibition of Drugs. The Agency agrees to comply with the following regulations: UMTA regulations, "Control of Drug Use in Mass Transportation Operations," 49 C.e.R. Part 657; Department of Transportation regulations, "Drug-Free Workplace Requirements (Grants)," 49 C.P.R. Part 29, Subpart F; and Department of Trans- portation regulations, "Procedures for Transportation Workplace Drug Testing Programs," 49 C.F.R. Part 40. Agency shall obtain from its third party contractors, sub- grantees, and sub-recipients certifications required by Department PAGE 4 AgoodaNo -D37 Agenda Itarn _-011 Date of Transportation regulations, "Government-wide Debarment a Suspension (Nonprocurement)," 49 C.F.R. Part 29, and otherwi e comply with the requirements of those regulations. T. Agency acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification to the Government in connection with this Project, the Government reserves the right to pursue the procedures and impose on the Agency the penalties of 18 U.S.C. 1 1001, 31 U.S.C. 55 231 and 3801 at M., and/or 49 U.S.C. app. 5 1607(h), as may be deemed by the Government to be lationep"Program Fraud civil fRemediese"t 49 C.F.R. Transportation are applicable to this Project. III. T,THS 0■ PERZQEN Q The services funded by the City shall be undertaken by the Agency within the following time frames October 1, 1993 through September 30, 1994. IV. "ZffQD Oi PAY1iW A. Payment by the City for services provided hereunder shall be requested by the Agency by letter addressed to, City of Denton, 215 East McKinney, Denton, Texas 76201, Attni City Manager's Office. B. Agency shall make each request for payment in accordance with the provisions herein and all requests for payment shall be submitted to City's City Manager. C. The City shall submit a request for payment to the FTA. Within three (3) working days of receiving reimbursement from the FTA, the City shall send payment to the Agency. D. It is expressly understood and agreed that (i) the funds payable under this Agreement are subject to receipt of monies from the State of Texas and the FTA. Should the funds be curtailed, or should the City be required to curtail its funding, City shall have the right to terminate this Agreement immediately without penalty. In no event under the terms of this Agreement will the total com- grantsioas outlineddinxthedCithe ty'smcontractshwithtthe Staten and State the PTA. It is expressly understood that this contract in no way obligates the General Fund or any other monies or credits of the City of Denton. F. T.9 City shall not be obligated or liable under this con- tract to any party other than the Agency for payment of any monies or provision of any goods or services. PAGE 5 rE Agenda No._ 93 -Q3 Agenda I Dale- V. MLUATION The Agency agrees to participate in an implementation and main- tenance system whereby its services can be continuously monitored. The Agency agrees to make available its financial records for re- view by the City at the City's discretion. In addition, the Agency agrees to provide the City copies of the following data and re- ports: A. All external or internal audits. Agency shall submit a copy of the annual independent audit to City within ten (10) days of receipt. B. All external or internal evaluation reports. C. Agency shall submit quarterly financial statements to City in January, April, July, and September. Each statement shall include expenses and income for the preceding quarter and shall identify the number of participants in each transportation program agency operates. Agency shall submit such statements not later than the fifteenth day of the month following the end of each quarter. VI. pIRECTORB' XZRTIM08 During the term of this Agreement, the Agency shall cause to be delivered to the City copies of all notices of meetings of its Board of Directors, setting forth the time and place thereof. Such notice shall be delivered to the Ctty in a timely manner to give adequate notice, and shall include an agenda and a brief descrip- tion of the matters to be discussed. Agency understands and agrees that City representatives shall be afforded access to all Board of Directors' meetings. Minutes of all meetings of the Agency's governing body shall be submitted to the City within ten (10) working days of approval. VII. Rd8PEM8IOM OR TRIKIIQTIOX The City may suspend or terminate this Agreement and payments to the Agency, in whole or part, for cause. Cause shall include but not be limited to the following: A. Agency's improper, misuse, or inept use of fundst B, Agency's failure to comply with the terms and conditions of this Agreementi C. Agency's submission of data or reports that are incorrect or incomplete in any material respects D. Appointment of a trustee, receiver or liquidator for all or a substantial part of the Agency's property, or institution of bankruptcy, reurganization, rearrangement of or liquidation pro- ceedings by or against the Agencyi or PAGE 6 a. fF Agenda No AQe,)ida11WL r'C-_ Date v.J a1; 9~ ~~S S/ E. If for any reason the carrying out of this Agreement s rendered impossible or infeasible. In case of writing, as to conditions suspension, to the shall readvise the sumption of funding in and specify a reasonable data for compliance. rn case of termination, the Agency will remit to the City any unexpended City funds. Acceptance of these funds shall not con- stitute a waiver of any claim the City may otherwise have arising out of this Agreement. VIII. BOUAL OPPORTUNITY A. Agency will submit for city approval a written plan for compliance with the Equal Employment and Affirmative Action Federal provisions, within one hundred twenty (120) days of the effective date of this Agreement, a. Agency shall comply with all applicable equal employment opportunity and affirmative action laws or regulations. by the Cityncandiwill permit access to its information reports and ac- counts for purposes of investigation to ascertain compliance with local, state and Federal rulos and regulations. D. In the event of the Agencyts non-compliance with the Federal non-discrimination requirements, the Agreement may be canceled, terminated, or suspended in whole or in part, and the Agency may be barred from further contracts with the City. Is. CONFLICT OF INTINM A. The Agency covenants that neither it nor any member of its governing body presently has any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. The Agency further covenants that in the performance of this Agreement, no person having such interest shall be employed or appointed as a member of its governing body. B. The Agency further covenants that no member of its govern- ing body or its staff, subcontractors or employees ,hall possess any interest in or use his position for a purpose that is or gives the appearance of being motivated by desire for private gain for himself, or others, particularly those with which he has family, business, or other ties. C. No officer, member, or employee of the City and no member of its governing body who exercises any function or responsi- bilities In the review or approval of the undertaking or carrying out of this Agreement shall (1) participate in any decision relat- ing to the Agreement which affects his personal interest or the interest in any corporation, partnership, or association in which PAGE 7 AgendaNo~_ '43 Agrdalla 6- Orate__Q_4~ J`/ he has direct or indirect interest; or (2) have any ante r direct or indirect, in this Agreement or the proceeds thereof. 1. REPOTISM Agency shall not employ in any paid capacity any person who is I a member of the immediate family of any person who is currently em- ployed by Agency, or is a member of Agency's governing board. The term "member of immediate family" includes., wife, husband, son, daughter, mother, father, brother, sister, in-laws, aunt, uncle, nephew, niece, step-parent, step-child, half-brother and half- sister. EI. SPECIAL COUDITIONA A. Agency agrees to undertake, carry out, and complete the Project consistent with the terms and conditions determined by the Secretary of Labor to be fair and equitable to protect the, inter- ests of employees affected by the Project and meet requiresments of Section I3(c) of Federal Transit Act, as amended, 49 U.S.C. App. Section 1609(c)I and Department of Labor (DOL) guidelines set forth in 29 C.F.R. Part 215. These terms and conditions are identified in the letter of certification from DOL to FTA whose date is set forth in the Notification of Grant Approval to the City. The Agen- cy in thata carry lout the etter. Grant letter compliance and n any wdocuments cited conditions the letter are incorporated herein by reference and made part of this Grant. 8. Agency agrees to comply with the requirements of section 8 of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1607, and any implementing regulations that may be issued thereun- der. C. Agency agrees that it will utilize its administrative process to solicit and consider public comment prior to raising fares or implementing a major reduction of service. D. Agency agrees that the Federal Government and the City may, at least annually and more frequently in its discretion, either conduct or require the Agency to have independently conducted, re- views and audits as the Government may deem appropriate pursuant to the provisions of Section 9(g) of the Federal Transit Act, as amended, 49 U.S.C. App. Section 1607a(g), and any regulations or guidelines that may be issued by the Government. E. Agency agrees and assures that the rates charged elderly and handicapped persons during nonpeak hours for transportation utilizing or involving the facilities and equipment financed pursuant to this Agreement will not exceed one-half of the rates generally applicable to other persons at peak hours, whether the operation of such facilities and equipment is by the Agency or is by another entity under lease or otherwise. The Agency agrees and r assures that it will give the rate required herein to any person 4 PAGE 8 a off- J37 apendaNo Agenda Item We _ q"AI:- - 3 presenting a Medicare card duly issued to that person pursua t o Title II or Title XVIII of the Social Security Act. F. Agency agrees tf) comply with applicable Buy America statu- tory and regulatory provisions. The Agency may, without prior approval, procure an associated capital maintenance item eligible under section 9(j) of the Federal Transit Act, 49 U.S.C. App. Sec- tion 1607a(j), by contract directly with the original manufacturer or supplier of the item to be replaced, provided that the Agency first certifies in writing to the Government that: (1) such manu- facturer or supplier is the only source of such item; and (2) the price of such item is no higher thal the price paid for such item by like customers. G. Agency shall implement a project management plan, as ap- proved by the Federal Government, in accordance with the require- ments of Section 23 of the Federal Transit Act, as amended, 49 U.S.C. App. Section 16190 and any implementing regulations that may be thereunder. 111. ADDITIONAL COYNKMO Or AO2NCY A. Definitions. As used in this section: 1. Agreement means any Grant Agreement or Cooperative Aares- ment. 2, Ap2ligAtion means the signed and dated proposal as may be amended for Federal financial assistance for the Project, together with all explanatory, supporting, and supplementary documents here- tofore filed with and accepted and approved by the Government (UMTA) by or on behalf of the Agency. 3. ARpr val.Authorization, concurrence. waiver means a con- scious written act by an authorized official of the UMTA and City granting permission to the Agency to perform or omit an action pursuant to this Agreement, which action may not be performed or omitted without such permission. An approval, authorization, con- currence, or waiver permitting the performance or omission of a specific action shall not constitute permission to perform or omit other similar actions unless such permission is clearly stated. oral permission or interpretations have no legal force or effect. 4. UMTA Directive includes the most recent circulars, notices, and orders that present information about UMTA programs, applica- tion processing procedures, and guidance for administering approved Projeots; there are also Department of Transportation directives that may be applicable to the Project. 5. Government means the United States of America, or its cognizant agency, the Department of Transportation (DOT), or its operating administration, the Urban Mass Transportation Administra- tion (UMTA), used herein interchangeably. PAGE 9 ~gendaNa_~ ~ " '3 ftem Agenda rite_ g~_: 6. Mass Transportation includes public transportation and means transportation by bus, rail or other conveyance, either publicly or privately owned, that provides general or special transportation service (but not including school bus, charter or sightseeing service) to the public on a regular and continuing basis. 7. Project means the task or set of tasks provided for in the Project Budget which the Agency undertakes to perform pursuant to this Agreement. 8. Project or Program Budget means the most recently dated statement, approved by the Government, of the estimated total cost of the Project or Program, the items to be deducted from such total in order to calculate the estimated net Project cost, the maximum amount of Federal assistance for which the Agency, through the City, is currently eligible, the specific items (including contin- gencies and relocation) for which the total may be spent, and the estimated cost of each of such items. 9. Secretary means Secretary of the Department of Transporta- tion or his or her duly authorized designee. 10. S1MTTa means the Urban Mass Transportation Administration of the U.S. Department of Transportation. 11. = means city of Denton, Texas. B. In the performance of its obligations pursuant to this Agreement, the Agency agrees to comply with all applicable provi- sions of Federal, State, and local laws, regulations, and UMTA directives. The Agency understands and agrees that Federal laws, regulations, policies, and related administrative practices in force and made applicable to this Agreement on the date of execu- tion may be modified from time to time, and that the most recent of such provisions will govern administration of this Agreement at any j particular time, except if there is sufficient evidence in the Agreement of a contrary intent. Such contrary intent might be evi- denced by express language in arty amendments to the Agreement. Likewiso, new Federal laws, regulations, policies and administra- tive practices may be established after the date of execution and thereafter be applied to this Agreement. As may be necessary to achieve compliance with these requirements, the Agency shall include notice of such requirements in all third party contracts, sub-grants, and other sub-assistance agreements financed with Government (UMTA) assistance. All limits or standards set forth in this Agreement to be observed in the performance of the Project are minimum requirements. If there is a conflict between Federal and State or local requirements, the Agency shall inform the City and the Government (UMTA) in order that an appropriate resolution may be arranged. C. Agency shall submit to the City such data, reports, re- cords contracts, and other documents relating to the Project as the City may, during the course of the Project and for three years PAGE 10 V agenda~+o._ 9 +~pe-~aitem thereafter, require. The Agency shall retain intact, for thr~ years following Project close-out, all Project documents, financial records, and supporting documents and make these records available to the City as the City may require. D. Agency shall immediately notify the City of any change in law, conditions, or any other event that may significantly affect its ability to perform the Project in accordance with the terLe of this Agreement. In addition, the Agency shall immediately notify the City of any decision pertaining to the Agency's conduct of litigation that may affect the City's interests in the Project or the city's administration or enforcement of applicable Federal laws or regulations. Before the A;ency may join the city as a named party to litigation, for any reason, the Agency agrees to first inform the City; this proviso applies to any type of litigation whatsoever, in any forum. E. Absent the express, written consent of the Government or the city and notwithstanding any concurrence by the Government in or approval of the award of any contract or subcontract or the solicitation thereof, neither the Government nor the City shall be subject to any obligations or liabilities by contractors of the city or their subcontractors or any other person not a party to this Agreement in connection with the performance of this Project. F. Agency shall prepare and maintain a Project Budget. The Agency shall carry out the Project and shall incur obligations against and make disbursements of Project funds only in conformity with the latest approved budget for the Project. The Project Bud- get may be revised, from time to time, to the extent permitted by and in conformance with the requirements of the Government. G. Agency shall establish and maintain either a separate set of accounts or accounts, within the framework of an established accounting system, for the Project in a manner consistent with 49 C.F.R. ; 18.20, or OMB Circular A-110, as amended, as may be applicable. H. Consistent with the provisions of 49 C.F.R. 1 18.21, or OMB Circular A-110, as amended, as may be applicable, the Agency shall record in the Project Account, and deposit in a bank or trust com- pany all Project payments it receives from the City pursuant to this Agreement and all other funds provided for, accruing to, or otherwise received on account of the Project, (Project Funds). A separate bank account may be required when drawdowns are made by letter of credit. The Agency is encouraged to use banks that are owned at least 50 percent by minority group members. I. Expenditures made by the Agency shall be reimbursable as allowable costs to the extent that they meet all the requirements set forth below. They must: 1. Conform with the Project Description and the Project Budget and all other terms of the Agreement► PAGE 11 I Agenda No Agendatle_ fi5 Date 2. Be necessary in order to accomplish the Project; C~4 3. Be reasonable in amount for the goods or services purchas- ed; 4. Be actual net costs to the Agency (i.e., the price paid minus any refunds, rebates, or other items of value received by the Agency that have the effect of reducing the cost actually incurred, excluding Program income); 5. Be incurred (and be for work performed) after the date of this Agreement, unless specific authorization from the Government (UMTA) or the City to the contrary is received; 6. Unless permitted otherwise by Federal statute or regula- tion, conform with Federal guidelines or regulations and Federal cost principles as set forth in the standards of OMB Circular A- ,Revised, of "Cost 48 C F RipPart 31 are applicablefnizations," and the standards 7. Be satisfactorily documented; and S. Be treated uniformly and consistently under accounting principles and procedures approved and prescribed by the Government or City for the Agency; and those approved or prescribed by the Agency for its contractors. J. All costs charged to the Project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts, or vouchers evidencing in detail the nature and propriety of the char- the implementation accurate of the records oftall Pro- es, Aderived shall from also maintain act K. Funds Any check or order drawn by the Agency with respect to any item that is or will be chargeable against the Project Account will be drawn only in accordance with a properly signed voucher then on file in the office of the Agency stating in proper detail the pur- pose for which such check or order is drawn. All checks, payrolls, invoices, contracts, vouchers, orders, or other accounting docu- ments pertaining in whole or in part to the Project shall be clear- keptdseparate oand apart from alllotherdsu such documents. feasible, I to the L. The Agency shall permit the Secretary and the Comptroller General of the United States, or any of their duly authorized re- presentatives to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the. books, records, and accounts of the Agency and Its contractors with other dth n to the Project In compatitive.biddinghprocedura as defined by he Secre- tary of Transportation, the Agency shall require those contractors to permit the Secretary of Transportation and the Comptroller Gen- eral of the United States, or any of their duly authorized repre- sentatives to inspect all work, materials, payrolls, and other data PAGE 12 3 AgeodaNo_A.za12_ ' AgWaltem oate_l_~~/3 and records with regard to the Project, and to audit the books, ~f cords, and accounts pertaining to such contracts with regard to the Project. If the City is found to be responsible for meeting the audit requirements of 44 C.F.R. ; 14.26 and OMB circular A-128 or any revision or supplement thereto, the Agency shall comply with these requests. The Agency is responsible for obtaining any audits required by the Government (UMTA). Closeout of the Project will not alter the Agency's audit responsibilities. 1. The Agency shall report its cash disbursements and balances in a timely manner as required by the city or Government. 2. The Agency shall provide for effective control and accountability for all Project funds consistent with Federal re- quirements and procedures for use of the letter of credit. 3. The Agency shall impose on its sub-recipients all appli- cable requirements of Subsections 105.b. (1) (a), (b), and (c) of Part lI of this Agreement. M. Neither the Agency nor any sub-recipient may use Federal assistance funds for publicity or propaganda purposes designed to support or defeat legislation pending before Congress. N. Agency agrees thats 1. Any interest earned by the Agency on Federal funds must be remitted to the Government, except as provided by the intergovern- mental Cooperation Act, 31 U.S.C. 16503(x), or the Indian Self- Determination Act, 23 U.S,C. 1 450. 2. Upon notice by the Government (UMTA) to the City of sN.ci- fio amounts due the Government, the Agency shall promptly remit any excess payment of amounts or disallowed costs to the Government (UNTA), including any interest due thereon. 0. The Agency recognizes that the Government (UNTA) reserves the right to deobligate unspent Federal funds prior to Project closeout, if such occurs, City may terminate this Agreement without penalty. P. Agency agrees that, upon written notice, the City may sus- pend or terminate all or part of the financial assistance provided herein if the Agency is, or has been, in violation of the terms of this Agreement, or if the Government or the City determines that the purposes of the statute under which the Project is authorized would not be adequately served by continuation of Federal financial assistance for the Project. Any failure to make reasonable pro- gress or other violation of the Agreement that significantly endan- gers substantial performance of the Project shall be deemed to be a breach of this Agreement. If the Agency's failure either to make adequate progress or to make reasonable use of the Project real property, facilities, or equipment, or to honor the terms of this Agreement is determined by the City to be willful or unreasonable, the City reserves the right to require the Agency to refund to the PAGE 13 l Agenda No Apendaltill" Date City the entire amount of Project funds provided by the City o~'`~n lesser amount as may be determined by the City. p. Within 30 days of the termination of this Agreement, the Agency shall submit a final Financial Status Report (Standard Form 269)0 a certification or summary of Project expenses, and third party audit reports, as applicable. Agency agrees that either the Government (UMTA) or an agency designated by the Government (UMTA) will perform a final audit of the Project to determine the allow- ability of costs incurred to determine settlement of the Federal assistance for the Project in accordance with Part I of this Agreement. If City has made payments to the Agency in excess of the total amount of the Federal assistance due, the Agency shall promptly remit to the City that excess and interest as may be re- quired by Subsections 105.b. and 105.e. of Part II of the City's Agreement with the Government. Project closeout occurs when the City notifies the Agency and forwards the final Federal assistance payment or when the Agency's remittance of the proper refund has been acknowledged by the City. Project closeout shall not invalidate any continuing obligations imposed on the Agency by this Agreement or by the City's final notification or acknowledgment. R. The following conditions are applicable to real property, equipment, and supplies financed under this Agreementi 1. The Agency agrees to observe the property management standards set forth in 49 C.F.R. §1 18.31, 18.32, and 18.33, or OMB Circular A-110, Attachment N, as appropriate, as now or hereafter amended, and any guidelines or regulations that the Government may issue. Exceptions to the requirements of 49 C.F.R. 5§ 18.31, 18.32, and 18.33, and to OMB Circular A-110, Attachment N must be specifically approved by the City. The City reserves the right to require the Agency to transfer title to any equipment financed with Federal assistance made available by this Agreement as set forth in 49 C.F.R. 5 18.32(g) or OMB Circular A-1101 Attachment N, as may be appropriate. The City also reserves the right to direct the dispo- sition of real property or equipment financed with Federal assis- tance funds made available under this Agreement, as set forth in 49 C.F.R. $1 18.31 and 18,32 or OMB "ircular A-110, Attachment N, as may be applicable. 2. The Agency agrees to maintain the Project real property, equipment, and supplies in good operating order, and in accordance with any guidelines, directives, or regulations that UMTA may is- sue. If, during the period, any Project real estate, equipment, or supplies are not used in mass transportation service, whether by planned withdrawal, misuse or casualty lose, the Agency shall imne- diately notify the City. Unless otherwise approved, the Agency shall remit to the city a proportional amount of the fair market value, it any, of the real property, equipment, or supplies whose aggregate value exceeds $5,000, which value shall be determined on the basis of the ratio of the Federal assistance awarded by the Government to the actual cost of the Project, The following guide- lines shall be followed in determining the fair market value. Un- less otherwise approved in writing by UMTA, the fair market value PAGE 14 s `t p~-- Agenda No Agenda IIq Date- 0-1 of equipment and supplies will be the value of that property a time immediately before the reason occurred that prompted the dec sion to withdraw that property from transit use. For example, in the event of loss of or damage to the property by casualty or fire, the fair market value of the property will be calculated immediate- ly before the loss or damage, irresrective of the extent of insur- ance coverage. In the case of equipment and supplies, fair market value shall be based on straight line depreciation of the equipment and supplies, based on the industry standard for useful life, irre- spective of the reason for withdrawal of that property from transit use. In the case of real property, the fair market value shall be determined by competent appraisal based on an appropriate date as determined by the Government consistent with the standards of 49 C.F.R. Part 24. The city, however, reserves the right to require another method of valuation to be used if the Government (UMTA) finds that special circumstances so require to assure the protec- tion of the Federal investment. in unusual circumstances, the Agency may request that another reasonable method of determining fair market value be used, including but not limited to accelerated depreciation, comparable sales, or established market values. In determining whether to approve an alternate method, the City may consider any action taken, omission made or unfortunate occurrence suffered by the Agency with respect to the preservation or conser- vation of the value of the real property, equipment, or supplies that, for any reason, have been withdrawn from service. 3. The Agency further agrees that the Project real property, equipment, and supplies shall be used for the provision of mass transportation service within the area and in the manner set forth in the Project Description. Sho.ld the Agency unreasonably delay in or refrain from using Project real estate or equipment, in the manner not forth in the Project Description, the City reserves the right to require the Agency to return the entire amount of the Federal assistance expended on that real estate or equipment. The Agency shall keep satisfactory records with regard to the use of the real property, equipment, and supplies, and submit to the City upon request such information as may be required to assure compli- ance with this section and shall immediately notify the City in all cases in which Project real property, equipment, or supplies are used in a manner substantially different from what is set forth in the Project Description. The City reserves the right to require the Agency to restore Project real property, equipment, or supplies or pay for damage to Project real property, equipment, or supplies as a result of abuse or misuse of such property with the Agency's knowledge and consent. 3. Agency may not execute any transfer of title, lease, lien, pledge, mortgage, encumbrance, contract, grant anticipation note, alienation, or other obligation that in any way affects the Federal interest in any Project real property or equipment, nor may the Agency obligate itself, in any other manner, to any third party with respect to Project real property or equipment, unless such transfer of title, lease, lien, pledge, mortgage, encumbrance con- tract, grant anticipation note, alienation, or other obligation is expressly authorized in writing by the City and Government (UMTA)I PAGE 15 n a t enda No Agendallek,&:? A nor may the Agency, by any act or omission, adversely affect ti Federal interest or impair the Agency's continuing control over the use of Project real property or equipment. T. CIVIL RIGHTS 1. EQyal Employment Onoortuity - The following requirements are applicable to the Projects (a) In connection with Project implementation, the Agency may not discriminate against any employee or applicant for employment because of race, color, age, creed, sex, or national origin. The Agency shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, age, or national origin. Such action shall include, but not be limited to, the followings employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or terminations rates of pay or other forms of compensations and selection for training, including apprenticeship. The Agency shall insert the foregoing provision (modified only to show the particu- lnr contractual relationship) in all of its contracts in connection with the development or operation of the Project, except contracts for standard commercial supplies or raw materials and construction contracts, rnd shall require all such contractors to insert a simi- lar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. (h) If, an a condition of assistance, the Agency has submitted, and the City has approved, an equal employment opportu- nity program that the Agency agrees to carry out, such program is incorporated into this Agreement by reference. Such program shall be treated a2 a contractual obligation; and failure to carry out the terms of that equal employment opportunity program shall be treated as a violation of this Agreement. Upon notification to the Agency of its failure to carry out the approved program, the Government or the City will impose such remedies as it may deem appropriate, which remedies may include termination of financial assistance as set forth in Section 106 of Part II of this Agreement or other measures that may affect the ability of the Agency to obtain future financial assistance under the Urban Kass Transporta- tion Act of 1964, as amended, or title 23, United States Code (Highways). 2. Small, Minority and Women's Business Enterprise. The following provisions are applicable to the Projects (a) The Agency shall be responsible for meeting the re- quirements regarding participation by minority business enterprises (MBE) in Department of Transportation programs set forth at 49 C. F4 R. Part 23. Pursuant to the requirements of 49 C.F.R. 1 23.43, the following clauses must be inserted in each third party contracts (i) kQL=. IT IS THE POLICY OF THE DEPAR114ENT OF TRANSPORTATION THAT MINORITY BUSINESS ENTERPRISES, AS DEFINED PAGE 16 r k s AUandaNo__~ Agenda Iter~~-~ Date IN 49 C.F.R. PART 23, SHALL HAVE THE MAXIMUM OPPORTUNITY TO,,,_;( / PARTICIPATE IN THE PERFORMANCE OF CONTRACTS FINANCED IN WHOLE d OR IN PART WITH FEDERAL FUNDS UNDER THIS AGREEMENT. CONSE- QUENTLY, THE MBE REQUIREMENTS OF 49 C.F.R. PART 23 APPLY TO THIS AGREEMENT. (ii) MBE OBLIGATION. THE AGENCY AND ITS CONTRACTORS AGREE TO ENSURE THAT MINORITY BUSINESS ENTERPRISES AS DEFINED IN 49 C.F. R. PART 23 HAVE THE MAXIMUM OPPORTUNITY TO PARTICI- PATE IN THE PERFORMANCE OF CONTRACTS AND SUBCONTRACTS FINANCED IN WHOLE OR IN PART WITH FEDERAL FUNDS PROVIDED UNDER THIS AGREEMENT. IN THIS REGARD ALL AGENCIES AND CONTRACTORS SHALL TAKE ALL NECESSARY AND REASONABLE STEPS IN ACCORDANCE WITH 49 C.F.R. PART 23 TO ENSURE THAT MINORITY BUSINESS ENTERPRISES HAVE THE MAXIMUM OPPORTUNITY TO COMPETE FOR AND PERFORM CONTRACTS. AGENCY AND ITS CONTRACTORS SHALL NOT DISCRIMINATE ON THE BASIS OF RACE, COLOR, NATICNAL ORIGIN OR SEX IN THE AWARD AND PERFORMANCE OF CONTRACTS ASSISTED BY THE DEPARTMENT OF TRANSPORTATION. (b) The Agency shall advise each sub-recipient, contrac- tor, and subcontractor that failure to carry out the requirements set forth in 49 C.F.R. S 23.43(x) shall constitute a breach of contract re rafter the esult in termination notification of the Agreem nt orocontract oby the Agency or such remedy as the Agency deems appropriate. (c) The Agency shall take action concerning lessees as followst (i) The Agency shall not exclude MBEs from participation in business opportunities by entering into long-term, exclusive agreements with non-MBEs for the operation of major transports- tion-related activities for the provision of goods and services to the facility or to the public on the facility. (ii) If the Agency 'is required to submit affirmative action programs under 49 C.F.R. ; 23.41(x)(2) or 49 C.F.R. 3 23.41(a)(3) and has business opportunities for lessees, it shall submit for approval to the Department of Transportation with lessees t of pfirms m owned overall goals for the controlled by MBErrti Theme i goals shall for specified i in e 49 period C.FR. 01 time (9)(5). based on the factors lis Agency shall review these goals at least annually, and whenever they expire, analyzing projected versus actual MBE participation during the period covered by the review and any changes in factual circumstances affecting the selection of goals. Following each review, the Agency shall submit new overall goals to the Department of Transportation for approval. if Agency fails to meet its goals for MBE lessees, it shall demonstrate to the City and the Government in writing that it made reasonable efforts to most the goals. PAGE 17 a ,~gendaNo AgendallarrL fb Iea9 ' /9/~- (iii) Except as provided in this section, the Aq~L~"y~s required to include lessees in affirmative action programs. Lessees themselves are not subject to the requirements of this Part, except for the requirement under 49 C.F.R. 4 23.7 that lessees avoid discrimination against MBEs. 3. Title VI Civil Rights Act of 1964. The Agency shall comply and shall assure the compliance by contractors and subcontractors under this Project with all requirements of Title VI of the Civil Rights Act of 1964, 42 U.S.C. 12000d; Department of Transportation regulations, "Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act," 49 C.F.R. Part 21r and the Assurance by the Agency pursuant thereto. 4. Nondiscrimination on the Basis of Handicap. The Agency shall ensure that all fixed facility construction or alteration and all new equipment included in the Project shall comply with Depart- ment of Transportation regulations, "Nondiscrimination on the Basis of Handicap in Programs and Activities, Receiving or Benefitting from Federal Financial Assistance," 49 C.F.R. Part 27, and UMTA regulations, "Transportation for Elderly and Handicapped Persons," 49 C.F.R. Part 609, and any amendments thereto that may be issued. 5. Competition i~ Procurement. The Agency agrees to comply with the Procurement Standards requirements set forth at 49 C.F.R. 1 18.36 or OMB Circular A-110, Attachment 0, as may be applicablet and with any supplementary directives or regulations including UMTA Circular 4220.1B1 and any revisions thereof, as may be applicable. UMTA reserves the right to review the Agency's technical specifica- tions and requirements, where such review is necessary for proper Project administration. The Agency further agrees that, notwith- standing the requirements of section 121 of Part II of the City's Agreement with the Government, no Federal funds shall be used to support procurements utilizing exclusionary or discriminatory specifications. 6, Force Account. The City and Government (UMTA) reserves the right to determine the extent of its participation in force account costs. 7. Settlement f Third Party Contract D18yute' or Breaches. The U.S. Government has a vestedntont in the settlement of any dispute, default, or breach involving any federally-assisted third party contract. Agency agrees that the Government retains the right to a proportionate share; based on the percentage of the iRderal share committed to the Project, of any proceeds derived from any third party recovery. Therefore the Agency shall avail itself of all legal rights available under any third party con- tract. The Agency shall notify the City and Government of any current or prospective litigation or major disputed claim pertain- ing to any third party contract. The City and Government reserves the right to concur in any compromise or settlement of any claim by the Agency involving any third party contract. If the third party contract contains a liquidated damages provision, any liquidated PAGE 18 r K i Agenda No_.. AgerdaIIem Wte_~a/go,* / damages recovered shall be credited to the Project account inv unless the Government permits otherwise. In the event the Agency wishes to join the Government as a named party to litigation, for any reason, the Agency agrees to inform the City Government before doing Sol this proviso applies to any type of litigation whatsoev- er, in any forum. S. =Ju. The Agency shall maintain a written code or Stan- dards of conduct that shall govern the performance of its officers, employees, board members, or agents engaged in the award and admin- istration of contracts supported by Federal funds. Such code or standards shall provide that no employee, officer, board member, or agent of the Agency may participate in the selection, award, or administration of a contract supported by Federal funds if a con- flict of interest, real or apparent, would be involved. Such a conflict would arise when any of the parties set forth below has a financial or other interest in the firm selected for award: (i) The employee, officer, board member, or agents (ii) Any member of his or her immediate family! (iii) His or her partners or (iv) An organization that employs, or is about to employ, any of the above. The officers co mployees, board members, also agents emay tha the neither Asolicit nor accept gratuities, favors or anything of monetary value from present or potential contractors or eub-recipients. The Agency may set minimum rules where the financial interest is not substantial or the gift is an unsolicited item of nominal intrinsic value. As permitted by State or local law or regulations, such code or stan- dards shall provide for penalties, sanctions, or other disciplinary or violations by the members#for agents, or by cont actor's ors ub ie employees, eor thboard agents. eir 94 Interest of Memhara of or beleaates to Congress, No member of or delegete to the Congress off the United States shall be admitted to any share or part of this Project or to any benefit therefrom. U. CONSTRUCTION CONTRACTS The following provisions are applicable to federally assisted construction contractst 1' Pursuant to the regulations of the Secretary of Labor at 41 C.F.R. 11 60-1.4(b)(1) and 60-1.4(c)t cause to begin coThe Agency into hereby agrees gcontract that for construction work, or modification thereof, as defined in the regulations of the PAGR 19 1. Agenda NO AFer.daltefyL~ [ate _ fW9_i Secretary of Labor at 41 C.F.R. Chapter 60, that is paid id for ;nap whole or in part with funds obtained from the Federal Government or borrowed on the credit of the Federal Government pursuant to a grant, cooperative agreement, contract, loan, insurance, or guarantee, or undertaken pursuant to a Federal program involving the grant, cooperative agreement, contract, loan, insurance, or guarantee, the following equal opportunity clause: DURING THE PERFORMANCE OF THIS CONTRACT, THE CONTRACTOR AGREES AS FOLLOWS: (i) THE CONTRACTOR WILL NOT DISCRIMINATE AGAINST ANY EMPLOYEE OR APPLICANT FOR EMPLOYMENT BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. THE CONTRACTOR WILL TAKE AFFIRMATIVE ACTION TO ENSURE THAT APPLICANTS ARE EMPLOYED, AND THAT EMPLOYEES ARE TREATED DURING EMPLOYMENT WITHOUT REGARD TO THEIR RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. SUCH ACTION SHALL INCLUDE, BUT NOT BE LIMITED TO THE FOLLOWING: EMPLOYMENT, UPGRADING, DEMOTION, OR TRANSFER; RECRUITMENT OR RECRUITMENT ADVERTISING; LAYOFF OR TERMINATION; RATES OF PAY OR OTHER FORMS OF COMPENSATION; AND SELECTION FOR TRAINING, INCLUDING APPRENTICESHIP. THE CONTRACTOR AGREES TO POST IN CONSPICUOUS PLACES, AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT, NOTICES TO BE PROVIDED SETTING FORTH THE PROVISIONS OF THIS NONDISCRIMINATION CLAUSE. (ii) THE CONTRACTOR WILL, IN ALL SOLICITATIONS OR ADVERTISEMENTS FOR EMPLOYEES PLACED BY OR ON BEHALF OF THE CONTRACTOR, STATE THAT ALL QUALIFIED APPLICANTS WILL RECEIVE CONSIDERATION FOR EMPLOYMENT WITHOUT REGARD TO RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. (iii) THE CONTRACTOR WILL SEND TO EACH LABOR UNION OR REPRESENTATIVE OF WORKERS WITH WHICH IT HAS A COLLECTIVE BARGAINING AGREEMENT OR OTHER CONTRACT OR UNDERSTANDING, A NOTICE TO BE PROVIDED ADVISING THE LABOR UNION OR WORKERS' REPRESENTATIVE OF THE CONTRACTOR'S COMMITMENTS UNDER SECTION 202 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND SHALL POST COPIES OF THE NOTICE IN CONSPICUOUS PLACES AVAILABLE TO EMPLOYEES AND APPLICANTS FOR EMPLOYMENT. (iv) THE CONTRACTOR WILL COMPLY WITH ALL PROVISIONS OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 19650 AND OF THE RULES, REGULATIONS, AND RELEVANT ORDERS OF THE SECRETARY OF LABOR. (v) THE CONTRACTOR WILL FURNISH ALL INFORMATION AND REPORTS REQUIRED BY EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 1965, AND BY THE RULES, REGULATIONS, AND ORDERS OF THE SECRE- TARY OF LABOR, OR PURSUANT THERETO, AND WILL PERMIT ACCESS TO ITS BOOKS, RECORDS AND ACCOUNTS BY THE SECRETARY OF LABOR AND UMTA FOR PURPOSES OF INVESTIGATION TO ASCERTAIN COMPLIANCE WITH SUCH RULES, REGULATIONS, AND ORDERS. (vi) IN THE EVENT OF THE CONTRACTOR'S NONCOMPLIANCE WITH THE NONDISCRIMINATION CLAUSES OF THIS AGREEMENT OR WITH ANY OF PAGE 20 14 R ;b Y 4 E Agenda No Awndage ~S SUCH RULES, REGULATIONS, OR ORDERS, THIS AGREEMENT MAY BE CANCELED, TERMINATED, OR SUSPENDED IN WHOLE OR IN PART AND THE QQe CONTRACTOR MAY BE DECLARED INELIGIBLE FOR FURTHER FEDERAL OR FEDERALLY ASSISTED CONTRACTS 1N ACCORDANCE WITH PROCEDURES AUTHORIZED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 241 1965, AND SUCH OTHER SANCTIONS MAY BE IMPOSED AND REMEDIES INVOKED AS PROVIDED IN EXECUTIVE ORDER 11246 OF SEPTEMBER 24, IS65, OR BY RULE, REGULATION, OR ORDER OF THE SECRETARY OF LABOR, OR AS OTHERWISE PROVIDED BY LAW. (vii) THE CONTRACTOR WILL INCLUDE THE PROVISIONS OF PARAGRAPHS (a) THROUGH (g) OF THIS SUBSECTION IN EVERY SUBCON- TRACT OR PURCHASE ORDER UNLESS EXEMPTED BY RULES, REGULATIONS, OR ORDERS OF THE SECRETARY OF LABOR ISSUED PURSUANT TO SECTION 204 OF EXECUTIVE ORDER 11246 OF SEPTEMBER 24, 19651 SO THAT SUCH PROVISIONS SHALL BE BINDING UPON EACH SUBCONTRACTOR OR VENDOR. THE CONTRACTOR WILL TAKE SUCH ACTION WITH RESPECT TO ANY SUBCONTRACT OR PURCHASE ORDER AS THE SECRETARY OF LABOR OR UMTA MAY DIRECT AS A MEANS OF ENFORCING SUCH PROVISIONS, INCLUDING SANCTIONS FOR NONCOMPLIANCE; PROVIDED, HOWEVER, THAT IF A CONTRACTOR BECOMES INVOLVED IN, OR IS THREATENED WITH, LITIGATION WITH A SUBCONTRACTOR OR VENDOR AS A RESULT OF SUCH DIRECTION, THE CONTRACTOR MAY REQUEST THE UNITED STATES TO ENTER INTO SUCH LITIGATION TO PROTECT THE INTERESTS OF THE UNITED STATES. (b) The Agency shall assure that each nonexempt prime contractor and subcontractor shall include in each nonexempt contract the requirements of Subsection 115. a. (1) (a) through (g) of Part II of this Agreement. (c) The Agency further agrees that it will be bound by this equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the Agency so participating is a State or local government, this equal opportunity clause does not apply to any agency, instrumentality or subdivision of such government that does not participate in work under the Agreement. (d) The Agency agrees that it will assist and cooperate actively with UMTA and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal oppor- tunity clause and the rules, regulations, and relevant orders of the Secretary of Labor; that it will provide UMTA and the Secretary of Labor such information as they may require for the supervision of such compliance, and that it will otherwise assist UMTA in dis- charging its primary responsibility for securing compliance. (e) The Agency further agrees that it will refrain from entering into any contract or contract modification subject to Executive Order 11246 of September 24, 1965, as amended, with any contractor that is debarred from or has not demonstrated eligibili- ty for Government contracts and federally assisted construction contracts pursuant to the Executive Order; and will carry out such sanctions and penalties for violation of the equal opportunity PAGE 21 -~GendaNa ,P S llerR,. Agenda Dale .___!z9z r clause as may be imposed upon contractors and subcontractors by 4 UMTA or the Secretary of Labor pursuant to Part II, Subpart D of the Executive Order. In addition, the Agency agrees that if it fails or refuses to comply with these undertakings, UMTA may take any or all of the following actions: Cancel, terminate, or suspend in whole or in part this Agreement; refrain from extending any further assistance to the Agency under the program with respect to which the failure or refusal occurred until satisfactory assurance of future compliance has been received from such Agency; and refer the case to the Department of Justice for appropriate legal proceedings. 2. ,Specifications. The Agency hereby agrees that it will incorporate or cause to be incorporated the specifications set forth below into all Federal or federally assisted construction contracts, or modifications thereof, in excess of $10,000 to be performed in geographical areas designated by the Director, Office of Federal Contract Compliance Programs of the Department of Labor pursuant to the regulations of the Secretary of Labor at 41 C.F.R. 9 60-4.3 and in construction subcontracts in excess of $10,000 necessary in whole or in part to the performance of nonconstruction Federal contracts and subcontracts covered under Executive order 11246: STANDARD FEDERAL EQUAL EMPLOYMENT OPPORTUNITY CONSTRUCTION CONTRACT SPECIFICATIONS (EXECUTIVE ORDER 11246): (1) AS USED IN THESE SPECIFICATIONS: (a) "COVERED AREA" MEANS THE GEOGRAPHICAL AREA DESCRIBED IN THE SOLICITATION FROM WHICH THIS CONTRACT RESULTED; (b) "DIRECTOR" MEANS DIRECTOR, OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS, UNITED STATES DEPARTMENT OF LABOR, OR ANY PERSON TO WHOM THE DIRECTOR DELEGATES AUTHORITY; (c) "EMPLOYER IDENTIFICATION NUMBER" MEANS THE FEDERAL SOCIAL SECURITY NUMBER USED ON THE EMPLOYER'S QUARTERLY FEDERAL TAX RETURN, U.S. TREASURY DEPARTMENT i'ORM 941; (d) "MINORITY" INCLUDES: (I) BLACK RICAN RACIAL L GROUPS PERSONS NOT OF HISPANIC ORIGINS ORIGIN); OF THE BLACK AF (ii) HISPANIC (ALL PERSONS OF MEXICAN, PUERTO RICAN, CUBAN, CENTRAL OR SOUTH AMERICAN OR OTHER SPANISH CULTURE OR ORIGIN, REGARDLESS OF RACE); (iii) ASIAN AND PACIFIC ISLANDER (ALL PERSONS HAVING ORIGINS IN ANY OF THE ORIGINAL PEOPLES OF THE FAR EAST, SOUTHEAST ASIA, THE INDIAN SUBCONTINENT, OR THE PACIFIC ISLANDS); AND PAGE 22 e P Agenda No We AMERICAN INDIAN OR ALASKAN NATIVE (ALL PERSON/ HAVING ORIGILS IN ANY OF THE ORIGINAL PEOPLES OF NORTH AMERICA AND MAINTAINING IDENTIFIABLE TRIBAL AFFILIATIONS THROUGH MEMBERSHIP AND PARTICIPATION OR COMMUNITY IDENTIFICATION). (2) WHENEVER THE CONTRACTOR, OR ANY SUBCONTRACTOR AT ANY TIER, SUBCONTRACTS A PORTION OF THE WORK INVOLVING ANY CONSTRUCTION TRADE, IT SHALL PHYSICALLY INCLUDE IN EACH SUBCONTRACT IN EXCESS OF $101000 THE PROVISIONS OF THESE SPECIFICATIONS AND THE NOTICE WHICH CONTAINS THE APPLICABLE GOALS FOR MINORITY AND FEMALE PARTICIPATION AND WHICH IS SET FORTH IN THE SOLICITATIONS FROM WHICH THIS CON- TRACT RESULTED. (3) IF THE CONTRACTOR IS PARTICIPATING (PURSUANT TO 41 C.F.R. 4 60-4.5) IN A HOMETOWN PLAN APPROVED BY THE U.S. DEPARTMENT OF LABOR IN THE COVERED AREA, EITHER INDIVIDUA'.L? OR THROUGH AN ASSOCIATION, ITS AFFIRMATIVE ACTION OBLIGATIONS GN ALL WORK IN THE PLAN AREA (INCLUDING GOALS AND TIMETABLES) SHALL BE IN ACCORDANCE WITH THAT PLAN FOR THOSE TRADES WHICH HAVE UNIONS PARTICIPATING IN THE PLAN. CONTRACTORS MUST BE ABLE TO DEMONSTRATE THEIR PARTICIPA- TION IN AND COMPLIANCE WITH THE PROVISIONS OF ANY SUCH HOMETOWN PLAN. EACH CONTRACTOR OR SUBCONTRACTOR PARTICIPATING IN AN APPROVED PLAN IS INDIVIDUALLY REQUIRED TO COMPLY WITH ITS OBLIGA- TIONS UNDER THE EEO CLAUSE, AND TO MAKE A GOOD FAITH EFFORT TO ACHIEVE EACH GOAL UNDER THE PLAN IN EACH TRADE IN WHICH IT HAS EMPLOYEES. THE OVERALL GOOD FAITH PERFORMANCE BY OTHER CONTRACTORS OR SUBCONTRACTORS TOWARD A GOAL IN AN APPROVED PLAN DOES NOT EXCUSE ANY COVERED CONTRACTOR'S OR SUBCONTRACTOR'S FAILURE TO MAKE GOOD FAITH EFFORTS TO ACHIEVE THE PLAN GOALS AND TIMETABLES. (4) THE CONTRACTOR SHALL IMPLEMENT THE SPECIFIC AFFIRMATIVE ACTION STANDARDS PROVIDED IN PARAGRAPHS (7) (a) THROUGH (p) OF THESE SPECIFICATIONS. THE GOALS SET FORTH IN THE SOLICITATION PROM WHICH THIS CONTRACT RESULTED ARE EXPRESSED AS PERCENTAGES OF THE TOTAL HOURS OF EMPLOYMENT AND TRAINING OF MINORITY AND FEMALE UTILIZATION THE CONTRACTOR SHOULD REASONABLY BE ABLE TO ACHIEVE IN EACH CONSTRUCTION TRADE IN WHICH IT HAS EMPLOYEES IN THE COVERED AREA. COVERED CONSTRUCTION CONTRACTORS PERFORMING CONSTRUCTION WORK IN GEOGRAPHICAL AREAS WHERE THEY DO NOT HAVE A FEDERAL OR FEDERALLY ASSISTED CONSTRUCTION CONTRACT SHALL APPLY THE MINORITY AND FEMALE GOALS ESTABLISHED FOR THE GEOGRAPHICAL AREA WHERE THE WORK IS BEING PERFORMED. GOALS ARE PUBLISHED PERIODICALLY IN THE FEDERAL REGISTER IN NOTICE FORM, AND SUCH NOTICES MAY BE OBTAINED FROM ANY OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS OFFICE OR FROM FEDERAL PROCUREMENT CONTRACTING OFFICERS, THE CONTRACTOR IS EXPECTED TO MAKE SUBSTANTIALLY UNIFORM PROGRESS TOWARD ITS GOAL IN EACH CRAFT DURING THE PERIOD SPECIFIED. (5) NEITHER THE PROVISIONS OF ANY COLLECTIVE BARGAINING AGREE- MENT, NOR THE FAILURE BY A UNION WITH WHOM THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT, TO REFER EITHER MINORITIES OR WOMEN SHALL EXCUSE THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECI- FICATIONS, EXECUTIVE ORDER 11246, OR THE REGULATIONS PROMULGATED PURSUANT THERETO. PAGE 23 } Nerd a No, Ageodaltern.~.s'~.~. Cate 3 (6) IN ORDER FOR THE NONWORKING TRAINING HOURS OF APPRENTICES2,2 AND TRAINEES TO BE COUNTED IN MEETING THE GOALS, SUCH APPRENTICES AND TRAINEES MUST BE EMPLOYED BY THE CONTRACTOR DURING THE TRAINING PERIOD, AND THE CONTRACTOR MUST HAVE MADE A COMMITMENT TO EMPLOY THE APPRENTICES AND TRAINEES AT THE COMPLETION OF THEIR TRAINING, SUBJECT TO THE AVAILABILITY OF EMPLOYMENT OPPORTUNITIES. TRAINEES MUST BE TRAINED PURSUANT TO TRAINING PROGRAMS APPROVED BY THE U.S. DEPARTMENT OF 'LABOR. (7) THE CONTRACTOR SHALL TAKE SPECIFIC AFFIRMATIVE ACTIONS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. THE EVALUATION OF THE CON- TRACTOR'S COMPLIANCE WITH THESE SPECIFICATIONS SHALL BE BASED UPON ITS EFFORT TO ACHIEVE MAXIMUM RESULTS FROM ITS ACTIONS. THE CON- TRACTOR SHALL DOCUMENT THESE EFFORTS FULLY, AND SHALL IMPLEMENT AFFIRMATIVE ACTIO-i STEPS AT LEAST AS EXTENSIVE AS THE FOLLOWING: (a) ENSURE AND MAINTAIN A WORKING ENVIRONMENT FREE OF HARASSMENT, INTIMIDATION, AND COERCION AT ALL SITES, AND IN ALL FACILITIES AT WHICH THE CONTRACTOR'S EMPLOYEES ARE ASSIGNED TO WORK. THE CONTRACTOR, WHERE POSSIBLE, WILL ASSIGN TWO OR MORE WOMEN TO EACH CONSTRUCTION PROJECT. THE CONTRACTOR SHALL SPECIFI- CALLY ENSURE THAT ALL FOREMEN, SUPERINTENDENTS, AND OTHER ON-SITE SUPERVISORY PERSONNEL ARE AWARE OF AND CARRY OUT THE CONTRACTOR'S OBLIGATION TO MAINTAIN SUCH A WORKING ENVIRONMENT, WITH SPECIFIC ATTENTION TO MINORITY OR FEMALE INDIVIDUALS WORKING AT SUCH SITES OR IN SUCH FACILITIES. (b) ESTABLISH AND MAINTAIN A CURRENT LIST OF MINORITY AND FEMALE RECRUITMENT SOURCES, PROVIDE WRITTEN NOTICE TO MINORITY AND FEMALE RECRUITMENT SOURCES AND TO COMMUNITY ORGANIZATIONS WHEN THE CONTRACTOR OR ITS UNIONS HAVE EMPLOYMENT OPPORTUNITIES AVAILABLE, AND MAINTAIN A RECORD OF THE ORGANIZATIONS' RESPONSES. (C) MAINTAIN A CURRENT FILE OF THE NAMES, ADDRESSES AND TELEPHONE NUMBERS OF EACH MINORITY AND FEMALE OFF-THE-STREET APPLICANT AND MINORITY OR FEMALE REFERRAL FROM A UNION, A RECRUIT- MENT SOURCE OR COMMUNITY ORGANIZATION AND OF WHAT ACTION WAS TAKEN WITH RESPECT TO EACH SUCH INDIVIDUAL. IF SUCH INDIVIDUAL WAS SENT TO THE UNION HIRING HALL FOR R."FEPRAL AND WAS NOT REFERRED BACK TO THE CONTRACTOR BY THE UNION OR, IF REFERRED, NOT EMPLOYED BY THE CONTRACTOR, THIS SHALL BE DOCUMENTED IN THE FILE WITH THE REASON THEREFOR, ALONG WITH WHATEVER ADDITIONAL ACTIONS THE CONTRACTOR MAY HAVE TAKEN. (d) PROVIDE IMMEDIATE WRITTEN NOTIFICATION TO THE DIRECTOR WHEN THE UNION OR UNIONS WITH WHICH THE CONTRACTOR HAS A COLLECTIVE BARGAINING AGREEMENT HAS NOT REFERRED TO THE CONTRACTOR A MINORITY PERSON OR WOMAN SENT BY THE CONTRACTOR, OR WHEN THE CONTRACTOR HAS OTHER INFORMATION THAT THE UNION REFERRAL PROCESS HAS IMPEDED THE CONTRACTOR'S EFFORTS TO MEET ITS OBLIGATIONS. (e) DEVELOP ON-THE-JOB TRAINING OPPORTUNITIES AND/OR PARTICIPATE IN TRAINING PROGRAMS FOR THE AREA WHICH EXPRESSLY INCLUDE MINORITIES AND WOMEN, INCLUDING UPGRADING PROGRAMS AND APPREN'T'ICESHIP AND TRAINEE PROGRAMS RELEVANT TO THE CONTRACTOR'S PAGE 24 3 1 1 agenda No - Agendaltem Date !&FL23 _ EMPLOYMENT NEEDS, ESPECIALLY THOSE PROGRAMS FUNDED OR APPROVED By.5 SI THE DEPARTMENT OF LABOR. THE CONTRACTOR SHALL PROVIDE NOTICE OF THESE PROGRAMS TO THE SOURCES COMPILED UNDER (7)(b) ABOVE. (f) DISSEMINATE THE CONTRACTOR'S EEO POLICY BY PROVIDING NOTICE OF THE POLICY TO UNIONS AND TRAINING PROGRAMS AND REQUESTING THEIR COOPERATION IN ASSISTING THE CONTRACTOR IN MEETING ITS EEO OBLIGATIONS; BY INCLUDING IT IN ANY POLICY MANUAL NND COLLECTIVE BARGAINING AGREEMENT; BY PUBLICIZING IT IN THE COMPANY NEWSPAPER, ANNUAL REPORT, ETC.; BY SPECIFIC REVIEW OF THE POLICY WITH ALL MANAGEMENT PERSONNEL AND WITH ALL MINORITY AND FEMALE EMPLOYEES AT LEAST ONCE A YEAR; AND BY POSTING THE COMPANY EEO POLICY ON BULLETIN BOARDS ACCESSIBLE TO ALL EMPLOYEES AT EACH LOCATION WHERE CONSTRUCTION WORM IS PERFORMED. (g) REVIEW, AT LEAST ANNUALLY, THE COMPANY'S EEO POLICY AND AFFIRMATIVE ACTION OBLIGATIONS UNDER THESE SPECIFICATIONS WITH ALL EMPLOYEES HAVING RESPONSIBILITY FOR HIRING, ASSIGNMENT, LAYOFF, TERMINATION OR OTHER EMPLOYMENT DECISIONS INCLUDING SPECIFIC REVIEW OF THESE ITEMS WITH ON-SITE SUPERVISORY PERSONNEL SUCH AS SUPERIN- TENDENTS, GENERAL FOREMAN, ETC., PRIOR TO THE INITIATION OF CON- STRUCTION WORK AT ANY JOB SITE. A WRITTEN RECORD SHALL BE MADE AND MAINTAINED IDENTIFYING THE TIME AND PLACE OF THESE MEETINGS, PER- SONS ATTENDING, SUBJECT MATTER DISCUSSED, AND DISPOSITION OF THE SUBJECT MATTER. (h) DISSEMINATE THE CONTRACTOR'S EEO POLICY EXTERNALLY BY INCLUDING IT IN ANY ADVERTISING IN THE NEWS MEDIA, SPECIFICALLY INCLUDING MINORITY AND FEMALE NEWS MEDIA, AND PROVIDING WRITTEN NOTIFICATION TO AND DISCUSSING THE CONTRACTOR'S EEO POLICY WITH OTHER CONTRACTORS AND SUBCONTRACTORS WITH WHOM THE CONTRACTOR DOES OR ANTICIPATES DOING BUSINESS. (1) DIRECT RECRUITMENT EFFORTS, BOTH ORAL AND WRITTEN, TO MINORITY, FEMALE AND COMMUNITY ORGANIZATIONS, TO SCHOOLS WITH MINORITY AND FEMALE STUDENTS AND TO MINORITY AND FEMALE RECRUITMENT AND TRAINING ORGANIZATIONS SERVING THE CONTRACTOR'S RECRUITMENT AREA AND EMPLOYMENT NEEDS. NOT LATER THAN ONE MONTH PRIOR TO THE DATE FOR THE ACCEPTANCE OF APPLICATIONS FOR APPRENTICESHIP OR OTHER TRAINING BY ANY RECRUITMENT SOURCE, THE CONTRACTOR SHALL SEND WRITTEN NOTICE TO ORGANIZATIONS SUCH AS THE ABOVE, DESCRIBING THE OPENINGS, SCREENING PROCEDURES, AND TESTS TO BE USED IN THE SELECTION PROCESS. (j) ENCOURAGE PRESENT MINORITY AND FEMALE EMPLOYEES TO RECRUIT OTHER MINORITY PERSONS AND WOMEN AND, WHERE REASONABLE, PROVIDE AFTER SCHOOL, SUMMER AND VACATION EMPLOYMENT TO MINORITY AND FEMALE YOUTH, BOTH ON THE SITE AND IN OTHER AREAS OF THE CONTRACTOR'S WORK FORCE. (k) VALIDATE ALL TESTS AND OTHER SELECTION REQUIREMENTS WHERE THERE IS AN OBLIGATION TO DO SO UNDER 41 C.F.R. PART 60-3. (1) CONDUCT, AT LEAST ANNUALLY, AN INVENTORY AND EVALUATION AT LEAST OF ALL MINORITY AND FEMALE PERSONNEL FOR PAGE 25 k AgendeNO 93-037 Agodaltenl c rQ-~ Date PROMOTIONAL OPPORTUNITIES AND ENCOURAGE THESE EMPLOYEES TO SEE O TO PREPARE FOR, THROUGH APPROPRIATE TRAINING, ETC., SUCH OPPOF%'fUNI- TIES. (m) ENSURE THAT SENIORITY PRACTICES, JOB CLASSIFICA- TIONS, WORK ASSIGNMENTS AND OTHER PERSONNEL PRACTICES DO NOT HAVE A DISCRIMINATORY EFFECT BY CONTINUALLY MONITORING ALL PERSONNEL AND EMPLOYMENT RELATED ACTIVITIES TO ENSURE THAT THE EEO POLICY AND THE CONTRACTOR'S OBLIGATIONS UNDER THESE SPECIFICATIONS ARE BEING CARRIED OUT. (n) ENSURE THAT ALL FACILITIES AND COMPANY ACTIVITIES ARE NONSEGREGATED EXCEPT THAT SEPARATE OR SINGLE-USER TOILET AND NECESSARY CHANGING FACILITIES SHALL BE PROVIDED TO ASSURF PRIVACY BETWEEN SEXES. (o) DOCUMENT AND MAINTAIN A RECORD OF ALL SOLICITATIONS OF OFFERS FOR SUBCONTRACTS FROM MINORITY AND FEMALE CONSTRUCTION CONTRACTORS AND SUPPLIERS, INCLUDING CIRCULATION OF SOLICITATIONS TO MINORITY AND FEMALE CONTRACTOR ASSOCIATIONS AND OTHER BUSINESS ASSOCIATIONS. (p) CONDUCT A REVIEW, AT LEAST ANNUALLY, OF ALL SUPER- VISORS' ADHrRENCE TO AND PERFORMANCE UNDER THE CONTRACTOR'S EEO POLICIES AND AFFIRMATIVE ACTION OBLIGATIONS. (8) CONTRACTORS ARE ENCOURAGED TO PARTICIPATE IN VOLUNTARY ASSOCIATIONS THAT ASSIST IN FULFILLING ONE OR MORE OF THEIR AFFIRMATIVE ACTION OBLIGATIONS SET FORTH IN PARAGRAPHS (7) (a) THROUGH (p). THE EFFORTS OF A CONTRACTOR ASSOCIATION, JOINT CONTRACTOR-UNION, CONTRACTOR-COMMUNITY, OR OTHER SIMILAR GROUP OF WHICH THE CONTRACTOR IS A MEMBER AND PARTICIPANT, MAY BE ASSERTED AS FULFILLING ANY ONE OR MORE OF ITS OBLIGATIONS UNDER PARAGRAPHS (7) (a) THROUGH (p) OF THESE SPECIFICATIONS, PROVIDED THAT THE CONTRACTOR ACTIVELY PARTICIPATES IN THE GROUP, MAKES EVERY EFFORT TO ASSURE THAT THE GROUP HAS A POSITIVE IMPACT ON THE EMPLOYMENT OF MINORITIES AND WOMEN IN THE INDUSTRY, ENSURES THAT THE CONCRETE BENEFITS OF THE PROGRAM ARE REFLECTED IN THE CONTRACTOR'S MINORITY AND FEMALE WORK FORCE PARTICIPATION, MAKES A GOOD FAITH EFFORT TO MEET ITS INDIVIDUAL GOALS AND TIMETABLES, AND CAN PROVIDE ACCESS TO DOCUMENTATION THAT DEMONSTRATES THE EFFECTIVENESS OF ACTION! TAKEN ON BEHALF OF THE CONTRACTOR. THE OBLIGATION TO COMPLY, HOWEVER, IS THE CONTRACTOR'S AND FAILURE OF SUCH A GROUP TO FULFILL AN OBLIGA- TION SHALL NOT BE A DEFENSE FOR THE CONTRACTOR'S NONCOMPLIANCE. (9) A SINGLE GOAL FOR MINORITIES AND A SEPARATE SINGLE GOAL FOR WOMEN HAVE BEEN ESTABLISHED. THE CONTRACTOR, HOWEVER, IS REQUIRED TO PROVIDE EQUAL EMPLOYMENT OPPORTUNITY AND TO TAKE AFFIRMATIVE ACTION FOR ALL MINORITY GROUPS, BOTH MALE AND FEMALE, AND ALL WOMEN, BOTH MINORITY AND NON-MINORITY. CONSEQUENTLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A PARTI- CULAR GROUP IS EMPLOYED IN A SUBSTANTIALLY DISPARATE MANNER (EVEN THOUGH THE CONTRACTOR HAS ACHIEVED ITS GOAL FOR WOMEN GENERALLY, THE CONTRACTOR MAY BE IN VIOLATION OF THE EXECUTIVE ORDER IF A SPECIFIC MINORITY GROUP OF WOMEN IS UNDERUTILIZED). PAGE 26 4 c f a f k i Agendaicem__ [ate (10) THE CONTRACTOR SHALL NOT USE THE GOAL' AND TIMETABLES OR-6 AFFIRMATIVE ACTION STANDARDS TO DISCRIMINATE AGAINST ANY PERSON BECAUSE OF RACE, COLOR, RELIGION, SEX, OR NATIONAL ORIGIN. (11) THE CONTRACTOR SHALL NOT ENTER INTO ANY SUBCONTRACT WITH ANY PERSON OR FIRM DEBARRED FROM GOVERNMENT CONTRACTS PURSUANT TO EXECUTIVE ORDER 11246. (12) THE CONTRACTOR SHALL CARRY OUT SUCH SANCTIONS AND PENAL- TIES FOR VIOLATION OF THESE SPECIFICATIONS AND OF THE EQUAL OPPOR- TUNITY CLAUSE, INCLUDING SUSPENSION, TERMINATION AND CANCELLATION OF EXISTING SUBCONTRACTS AS MAY BE IMPOSED OR ORDERED PURSUANT TO EXECUTIVE ORDER 11246, AS AMENDED, AND ITS IMPLEMENTING REGULA- TIONS, BY THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS. ANY CONTRACTOR WHO FAILS TO CARRY OUT SUCH SANCTIONS AND PENALTIES SHALL BE IN VIOLATION OF THESE SPECIFICATIONS AND EXECUTIVE ORDER 11246, AS AMENDED. (13) THE CONTRACTOR, IN FULFILLING ITS OBLIGATIONS UNDER THESE SPECIFICATIONS, SHALL IMPLEMENT SPECIFIC AFFIRMATIVE ACTION STEPS, AT LEAST AS EXTENSIVE AS THOSE STANDARDS PRESCRIBED IN PARAGRAPH (7) OF THESE SPECIFICATIONS, SO AS TO ACHIEVE MAXIMUM RESULTS FROM ITS EFFORTS TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY. IF THE CONTRAC- TOR FAILS TO COMPLY WITH THE REQUIREMENTS OF THE EXECUTIVE ORDER, THE IMPLEMENTING REGULATIONS, OR THESE SPECIFICATIONS, THE DIRECTOR SHALL PROCEED IN ACCORDANCE WITH 41 C.F.R. 5 60-4.8. (14) THE CONTRACTOR SHALL DESIGNATE A RESPONSIBLE OFFICIAL TO MONITOR ALL EMPLOYMENT RELATED ACTIVITY TO ENSURE THAT THE COMPANY EEO POLICY IS BEING CARRIED OUT, TO SUBMIT REPORTS RELATING TO THE PROVISIONS HEREOF AS MAY BE REQUIRED BY THE GOVERNMENT AND TO KEEP RECORDS. RECORDS SHALL AT LEAST INCLUDE FOR EACH EMPLOYEE THE NAME, ADDRESS, TELEPHONE NUMBERS, CONSTRUCTION TRADE, UNION AFFILI- ATION IF ANY, EMPLOYEE IDENTIFICATION NUMBER WHEN ASSIGNED, SOCIAL SECURITY NUMBER, RACE, SEX, STATUS (E.G., MECHANIC, APPRENTICE TRAINEE, HELPER, OR LABORER), DATES OF CHANGES IN STATUS, HOURS WORKED PER WEEK IN THE INDICATED TRADE, RATE OF PAY, AND LOCATIONS AT WHICH THE WORK WAS PERFORMED. RECORDS SHALL BE MAINTAINED IN AN EASILY UNDERSTANDABLE AND RETkIEVABLE FORMY HOWEVER, TO THE EXTENT THAT EXISTING RECORDS SATISFY THIS REQUIREMENT, CONTRACTORS SHALL NOT BE REQUIRED TO MAINTAIN SEPARATE RECORDS. (15) NOTHING HEREIN PROVIDED SHALL BE CONSTRUED AS A LIMITA- TION UPON THE APPLICATION OF OTHER LAWS THAT ESTABLISH DIFFERENT STANDARDS OF COMPLIANCE OR UPON THE APPLICATION OF REQUIREMENTS FOR THE HIRING OF LOCAL OR OTHER AREA RESIDENi3 (E.G., THOSE UNDER THE PUBLIC WORKS EMPLOYMENT ACT OF 1977 AND THE COMMUNITY DEVELOPMENT BLACK GRANT PROGRAM). 3. Notice. The Agency hereby agrees that it will ensure that the notice not forth below shall be included in, and shall be a part of, all solicitations for offers and bids on all Federal and federally assisted construction contracts or subcontracts in excess of $10,000 to be performed in geographical areas designated.by the PAGE 27 i a Agenda No_~3 2 Agenc~3ltenil.~+~. Dote - tY3 67 Director, Office of Federal Contract Compliance Programs of e Department of Labor at 41 C.F.R. ; 60-4.2: NOTICE OF REQUIREMENT FOR AFFIRMATIVE ACTION TO ENSURE EQUAL EMPLOYMENT OPPORTUNITY (EXECUTIVE ORDER 11246): (1) THE OFFEROR'S OR BIDDER'S ATTENTION IS CALLED TO THE "EQUAL OPPORTUNITY CLAUSE" AND THE "STANDARD FEDERAL EQUAL EMPLOYMENT SPECIFICATIONS" SET FORTH HEREIN. (2) (a) THE GOALS AND THE TIMETABLES FOR MINORITY AND FEMALE PARTICIPATION, EXPRESSED IN PERCENTAGE TERMS FOR THE.CONTRACTOR'S AGGREGATE WORK FORCE IN EACH TRADE ON ALL CONSTRUCTION WORK IN THE COVERED AREA, ARE AS FOLLOWS: TIMETABLES GOALS FOR MINORITY GOALS FOR FEMALE PARTICIPATION IN PARTICIPATION IN EACH TRADE EACH TRADE INSERT GOALS FOR INSERT GOALS FOR EACH YEAR EACH YEAR (b) THESE GOALS ARE APPLICABLE TO ALL THE CONTRACTOR'S CONSTRUCTION WORK (WHETHER OR NOT IT IS FEDERAL OR FEDERALLY ASSISTED) PERFORMED IN THE COVERED AREA. IF THE CONTRACTOR PER- FORMS CONSTRUCTION WORK IN A GEOGRAPHICAL AREA LOCATED OUTSIDE OF THE COVERED AREA, IT SHALL APPLY THE GOALS ESTABL-SHED FOR SUCH GEOGRAPHICAL AREA WHERE THE WORK IS ACTUALLY PERFORMED. WITH REGARD TO THIS SECOND AREA, THE CONTRACTOR ALSO IS SUBJECT TO THE GOALS FOR BOTH ITS FEDERALLY INVOLVED AND NONFEDERALLY INVOLVED CONSTRUCTION. (C) THE CONTRACTOR'S COMPLIANCE WITH THE EXECUTIVE ORDER AND THE REGULATIONS AT 41 C.F.R. PART 60-4 SHALL BE BASED ON ITS IMPLEMENTATION OF THE EQUAL OPPORTUNITY CLAUSE, SPECIFIC AFFIRMATIVE ACTION OBLIGATIONS REQUIRED BY THE SPECIFICATIONS SET FORTH AT 41 C.F.R. f 60-4.3(a), AND ITS EFFORTS TO MEET THE GOALS. THE HOURS OF MINORITY AND FEMALE EMPLOYMENT AND TRAINING MUST BE SUBSTANTIALLY UNIFORM THROUGHOUT THE LENGTH OF THE CONTRACT, AND IN EACH TRADE, AND THE CONTRACTOR SHALL MAKE A GOOD FAITH EFFORT TO EMPLOY MINORITIES AND WOMEN EVENLY ON EACH OF ITS PROTECTS. THE TRANSFER OF MINORITY OR FEMALE EMPLOYEES OR TRAINEES FROM CONTRAC- TOR TO CONTRACTOR OR FROM PROJECT TO PROTECT FOR THE SOLE PURPOSE OF MEETING THE CONTRACTOR'S GOALS SHALL BE A VIOLATION OF THE CONTRACT, THE EXECUTIVE ORDER, AND THE REGULATIONS IN AT C.F.R. PART 60-4. COMPLIANCE WITH THE GOALS WILL BE MEASURED AGAINST THE TOTAL WORK HOURS PERFORMED. (3) THE CONTRACTOR SHALL PROVIDE WRITTEN NOTIFICATION TO THE DIRECTOR OF THE OFFICE OF FEDERAL CONTRACT COMPLIANCE PROGRAMS WITHIN 10 WORKING DAYS OF AWARD OF ANY CONSTRUCTION SUBCONTRACT IN PAGE 28 i AgandaNo__ i3-037 Agendallem ;E5 X51 Date 0"4611L, s/ EXCESS OF $10,000 AT ANY TIER FOR CONSTRUCTION WORX UNDER TH CONTRACT RESULTING FROM THIS SOLICITATION. THE N YPIFICATION SHAL LIST THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE SUBCONTRACTOR; EMPLOYER IDENTIFICATION NUMBER OF THE SUBCONTRACTORi ESTIMATED DOLLAR AMOUNT OF THE SUBCONTRACT; ESTIMATED STARTING AND COMPLETION DATES OF THE SUBCONTRACT; AND THE GEOGRAPHICAL AREA IN WHICH THE SUBCONTRACT IS TO BE PERFORMED. (4) AS USED IN THIS NOTICE, AND IN THE CONTRACT RESULTING FROM THIS SOLICITATION, THE "COVERED AREA" IS (INSERT DESCRIPTION OF THE GEOGRAPHICAL AREAS WHERE THE CONTRACT IS TO BE PERFORMED, GIVING THE STATE, COUNTY AND CITY, IF ANY). 4. Accommodations for the Physically Handicaooed. UMTA assisted construction, designs, and alterations shall be undertaken in accordance with and most the requirements of the provisions of General Services Administration (GSA) regulations set forth at 41 C.F.R. Subpart 101-19.6, unless an exception is granted in writing by UMTA or a waiver is granted in writing by GSA. 5. Contract Security. The Agency shall follow the require- ments of 49 C.F.R. 118.36(h) or OMB Circular A-110, Attachment B, as applicable, and Federal (UMTA) guidelines with regard to bid guarantees and bonding requirements. 6. Signs. The Agency shall cause to be erected at the site of construction, and maintained during construction, signs satisfacto- ry to the Department of Transportation identifying the Project and indicating that the Government is participating in the development of the Project. 7. Safety Standards. Pursuant to section 107 of the Contract Work Hours and Safety Standards Act and Department of Labor regulations set forth at 29 C.F.R. 5 1926, no laborer or mechanic working on a construction contract shall be required to work in surroundings or under working conditions that are unsanitary, hazardous, or dangerous to his or her health and safety as deter- mined under construction and health standards promulgated by the Secretary of Labor. S. Liquidated Damages. The Agency shall include in all con- tracts for construction a clause providing for liquidated damages, where appropriate. Liquidated damages clauses are appropriate if the parties may reasonably expect to suffer damages (increased costs on the Project involved) from the late completion of the con- struction and the extent or amount of such damages would be diffi- cult or impossible to determine. The assessment for damages shall be at a specific rate per day for each day of overrun in contract time; and the rate must be specified in the third party contract. Any liquidated damages recovered shall be credited to the Project account involved unless the Government permits otherwise. V. Pursuant to regulat:.ons set forth at 29 C.F.R. Part 5, the following provisions shall be incorporated in each construction contract of $25,000 let by the Agency in carrying out the Project. PAGE 29 is 1 r i i Apanda No ~Q Apen~a;Iarn, 1. MINIMUM WAGES. (a) ALL LABORERS AND MECHANICS EMPLOYED OR WORKING UPON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVEL- OPMENT OF THE PROJECT), WILL BE PAID UNCONDITIONALLY AND NOT LESS OFTEN THAN ONCE A WEEK, AND WITHOUT SUBSEQUENT DEDUCTION OR REBATE ON ANY ACCOUNT (EXCEPT SUCH PAYROLL DEDUCTIONS AS ARE PERMITTED BY REGULATIONS ISSUED BY THE SECRETARY OF LABOR UNDER THE COPELAND ACT, 29 C.F.R. PART 3), THE FULL AMOUNT OF WAGES AND BONA FIDE FRINGE BENEFITS (OR CASH EQUIVALENTS THEREOF) DUE AT THE TIME OF PAYMENT COMPUTED AT RATES NOT LESS THAN THOSE CONTAINED IN THE WAGE DETERMINATION OF THE SECRETARY OF LABOR WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, REGARDLESS OF ANY CONTRACTUAL RELATIONSHIP WHICH MAY BE ALLEGED TO EXIST BETWEEN THE CONTRACTOR AND SUCH LABORERS AND MECHANICS. CONTRIBUTIONS MADE OR COSTS REASONABLY ANTICIPATED FOR BONA FIDE FRINGE BENEFITS UNDER SECTION 1(b) (2) OF THE DAVIS-BACON ACT ON BEHALF OF LABORERS OR MECHANICS ARE CONSID- ERED WAGES PAID TO SUCH LABORERS OR MECHANICS, SUBJECT TO THE PRO- VISIONS OF 29 C.F.R. 3 5.5(a)(1)(iv)t ALSO, REGULAR CONTRIBUTIONS MADE OR COSTS INCURRED FOR MORE THAN A WEEKLY PERIOD (BUT NOT LESS OFTEN THAN QUARTERLY) UNDER PLANS, FUNDS, OR PROGRAMS THAT COVER THE PARTICULAR WEEKLY PERIOD, ARE DEEMED TO BE CONSTRUCTIVELY MADE OR INCURRED DURING SUCH WEEKLY PERIOD. SUCH LABORERS AND MECHANICS SHALL, BE PAID THE APPROPRIATE WAGE PATE AND FRINGE BENEFITS ON THE WAGE ?E, TERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORM- ED, A:'HOUT REGARD TO SKILL, EXCEPT AS PROVIDED AT 29 C.F.R. S 5.5(x;(4), LABORERS OR MECHANICS PERFORMING WORK IN MORE THAN ONE CLASSIFICATION MAY BE COMPENSATED AT THE RATE SPECIFIED FOR EACH CLASSIFICATION FOR THE TIME ACTUALLY WORKED THEREIN: PROVIDED, THAT THE EMPLOYER'S PAYROLL RECORDS ACCURATELY SET FORTH THE TIME SPENT IN EACH CLASSIFICATION IN WHICH WORK IS PERFORMED. THE WAGE DETER- MINATION (INCLUDING ANY ADDITIONAL CLASSIFICATION AND WAGE RATES CONFORMED UNDER 29 C.F.R. S 5.5(a) (1) (ii) AND THE DAVIS-BACON POSTER (WH-1321) SHALL BE POSTED AT ALL TIMES BY THE CONTRACTOR AND ITS SUBCONTRACTORS AT THE SITE OF THE WORK IN A PROMINENT AND ACCESSIBLE PLACE WHERE IT CAN BE EASILY SEEN BY THE WORKERS. (b) 1. THE CONTRACTING OFFICER SHALL REQUIRE THAT ANY CLASS OF LABORERS OR MECHANICS THAT IS NOT LISTED IN THE WAGE DETERMINATION AND THAT IS TO BE EMPLOYED UNDER THE CONTRACT SHALL BE CLASSIFIED IN CONFORMANCE WITH THE WAGE DETERMINATION. THE CONTRACTING OFFICER SHALL APPROVE AN ADDITIONAL CLASSIFICATION AND WAGE RATE AND FRINGE BENEFITS THEREFOR ONLY WHEN THE FOLLOWING CRITERIA HAVE BEEN MET: a.THE WORK TO BE PERFORMED BY THE CLASSIFICATION REQUEST- ED IS NOT PERFORMED BY A CLASSIFICATION IN THE WAGE DETERMINATION; AND b. THE CLASSIFICATION IS UTILIZED IN THE AREA BY THE CONSTRUCTION INDUSTRY! AND PAGE 30 mmi 3 t a i Agenda No Agcndalt en~~5 Lt+te_9~~~ C. THE PROPOSED WAGE RATE, INCLUDING ANY BONA F DE D s/ FRINGE BENEFITS, BEARS A REASONABLE RELATIONSHIP TO THE WAGE RATES CONTAINED IN THE WAGE DETERMINATION. 2. IF THE CONTRACTOR AND THE LABORERS AND MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION (IF KNOWN), OR THEIR REPRESENTA- TIVES, AND THE CONTRACTING OFFICER AGREE ON THE CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS WHERE APPROPRIATE), A REPORT OF THE ACTION TAKEN SHALL BE SENT BY THE CONTRACTING OFFICER TO THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION, EMPLOYMENT STANDARDS ADMINISTRATION, U.S. DEPARTMENT OF LABOR, WASHINGTON, D.C. 20210. THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL APPROVE, MODIFY, OR DISAPPROVE EVERY ADDITION- AL CLASSIFICATION ACTION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 3. IN THE EVENT THE CONTRACTOR, LABORERS OR MECHANICS TO BE EMPLOYED IN THE CLASSIFICATION OR THEIR REPRESENTATIVES, AND THE CONTRACTING OFFICER DO NOT AGREE ON THE PROPOSED CLASSIFICATION AND WAGE RATE (INCLUDING THE AMOUNT DESIGNATED FOR FRINGE BENEFITS, WHERE APPROPRIATE), THE CONTRACTING OFFICER SHALL REFER THE QUES- TIONS INCLUDING THE VIEWS OF ALL INTERESTED PARTIES AND THE RECOM- MENDATION OF THE CONTRACTING OFFICER, TO THE ADMINISTRATOR FOR DETERMINATION. THE ADMINISTRATOR, OR AN AUTHORIZED REPRESENTATIVE, WILL ISSUE A DETERMINATION WITHIN 30 DAYS OF RECEIPT AND SO ADVISE THE CONTRACTING OFFICER OR WILL NOTIFY THE CONTRACTING OFFICER WITHIN THE 30-DAY PERIOD THAT ADDITIONAL TIME IS NECESSARY. 4. THE WAGE RATE (INCLUDING DETERMINED PURSUANT TO 9CF.RRI§G 5.5(a) BENEFITS (1) (1 WHERE (B) OR 29 C.F.R. S 5.5(a) (1) (1) (C), SHALL BE PAID TO ALL WORKERS PERFORM- ING WORK IN THE CLASSIFICATION UNDER THIS CONTRACT FROM THE FIRST DAY ON WHICH WORK IS PERFORMED IN THE CLASSIFICATION. (c) WHENEVER THE MINIMUM WAGE RATE PRESCRIBED IN THE CONTRACT FOR A CLASS OF LABORERS OR MECHANICS INCLUDES A FRINGE BENEFIT WHICH IS NOT EXPRESSED AS AN HOURLY RATE, THE CONTRACTOR SHALL EITHER PAY THE BENEFIT AS STATED IN THE WAGE DETERMINATION OR SHALL PAY ANOTHER BONA FIDE FRINGE BENEFIT OR AN HOURLY CASH EQUIVALENT THEREOF. (d) IF THE CONTRACTOR DOES NOT MAKE PAYMENTS TO A TRUSTEE OR OTHER THIRD PERSON, THE CONTRACTOR MAY CONSIDER AS PART OF THE WAGES OF ANY LABORER OR MECHANIC THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BONA FIDE FRINGE BENEFITS UNDER A PLAN OR PROGRAM, PROVIDED, THAT THE SECRETARY OF LABOR HAS FOUND, UPON THE WRITTEN REQUEST OF THE CONTRACTOR, THAT THE APPLICABLE STANDARDS OF THE DAVIS-BACON ACT HAVE BEEN MET. THE SECRETARY OF LABOR MAY REQUIRE THE CONTRACTOR TO SET ASIDE IN A SEPARATE ACCOUNT ASSETS FOR THE MEETING OF OBLIGATIONS UNDER THE PLAN OR PROGRAM. 2. WITHHOLDING. UMTA SHALL UPON ITS OWN ACTION OR UPON WRITTEN REQUEST OF AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF F.ABOR WITHHOLD OR CAUSE TO BE WITHHELD FROM THE CONTRACTOR, PAGE 31 A~~,'zilprn_ ?-~1- - UNDER THIS AGREEMENT OR ANY OTHER FEDERAL CONTRACT WITH THE SAME ;141 AGENCY OR ANY OTHER FEDERALLY-ASSISTED CONTRACT SUBJECT TO DAVIS- BACON PREVAILING WAGE REQUIREMENTS, WHICH IS WITHHELD BY THE SAME PRIME CONTRACTOR, SO M"JCH OF THE ACCRUED PAYMENTS OR ADVANCES AS MAY BE CONSIDERED NECESSARY TO PAY LABORERS AND MECHANICS, INCLUD- ING APPRENTICES, TRAINEES, AND HELPERS, EMPLOYED BY THE CONTRACTOR OR ANY SUBCONTRACTOR THE FULL AMOUNT OF WAGES REQUIRED BY THE CONTRACT. IN THE EVENT OF FAILURE TO PAY ANY LABORER OR MECHANIC, INCLUDING ANY APPRENTICE, TRAINEE, OR HELPER, EMPLOYED OR WORKING ON THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 1937 OR UNDER THE HOUSING ACT OF 1949 IN THE CONSTRUCTION OR DEVEL- OPMENT OF THE PROJECT), ALL OR PART OF THE WAGES REQUIRED BY THE CONTRACT, UMTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPON- SOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS UNTIL SUCH VIOLATIONS HAVE CEASED. 3. PAYROLLS AND BASIC RECORDS. (a) PAYROLLS AND BASIC RECORDS RELATING THERETO SHALL BE MAINTAINED BY THE CONTRACTOR DURING THE COURSE OF THE WORK AND PRESERVED FOR A PERIOD OF THREE YEARS THERE- AFTER FOR ALL LABORERS AND MECHANICS WORKING AT THE SITE OF THE WORK (OR UNDER THE UNITED STATES HOUSING ACT OF 19370 OR UNDER THE HOUSING ACT OF 1949, IN THE CONSTRUCTION OR DEVELOPMENT OF THE PROJECT). SUCH RECORDS SHALL CONTAIN THE NAME, ADDRESS, AND SOCIAL SECURITY NUMBER OF EACH SUCH WORKER, HIS OR HER CORRECT CLASSIFICA- TION, HOURLY RATES OF WAGES PAID (INCLUDING RATES OF CONTRIBUTIONS OR COSTG ANTICIPATED FOR BONA FIDE FRINGE BENEFITS OR CASH EQUIV- ALENTS THEREOF OF THE TYPES DESCRIBED IN SECTION 1(b) (2) (B) OF THE DAVIS-BACON ACT), DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE AND ACTUAL WAGES PAID. WHENEVER THE SECRETARY OF LABOR HAS FOUND UNDER 29 C.F.R. 1 5.5(a) (1) (iV) THAT THE WAGES OF ?NY LABORER OR MECHANIC INCLUDE THE AMOUNT OF ANY COSTS REASONABLY ANTICIPATED IN PROVIDING BENEFITS UNDER A PLAN OR PROGRAM DESCRIBED IN SECTION 1(b) (2) (B) OF THE DAVIS-BACON ACT, THE CONTRACTOR SHALL MAINTAIN RECORDS WHICH SHOW THAT THE COMMITMENT TO PROVIDE SUCH BENEFITS IS ENFORCEABLE, THAT THE PLAN OR PROGRAM IS FINAN- CIALLY RESPONSIBLE, AND THAT THE PLAN OR PROGRAM HAS BEEN COMMUNI- CATED IN WRITING TO THE LABORERS OR MECHANICS AFFECTED, AND RECORDS WHICH SHOW THE COSTS ANTICIPATED OR THE ACTUAL COSTS INCURRED IN PROVIDING SUCH BENEFITS. CONTRACTORS EMPLOYING APPRENTICES OR TRAINEES UNDER APPROVED PROGRAMS SHALL MAINTAIN WRITTEN EVIDENCE OF THE REGISTRATION OF APPRENTICESHIP PROGRAMS AND CERTIFICATION OF TRAINEE PROGRAMS, THE REGISTRATION OF THE APPRENTICES AND TRAINEES, AND THE RATIOS AND WAGE RATES PRESCRIBED IN THE APPLICABLE PROGRAMS. (b) 1. THE CONTRACTOR SHALL SUBMIT WEEKLY FOR EACH WEEK IN WHICH ANY CONTRACT WORK IS PERFORMED A COPY OF ALL PAYROLLS TO UMTA IF UMTA IS A PARTY TO THE CONTRACT) BUT IF UMTA IS NOT SUCH A PARTY, THE CONTRACTOR WILL SUBMIT THE PAYROLLS TO THE APPLICANT, F,PONSOR, OR OWNER, AS THE CASE MAY BE, FOR TRANSMISSION TO UMTA. T4E PAYROLLS SUBMITTED SHALL SET OUT ACCURATELY AND COMPLETELY ALL OF THE INFORMATION REQUIRED TO BE MAINTAINED UNDER 29 C.F.R. 5 5.5(a) (3) (1). THIS INFORMATION MAY BE SUBMITTED IN ANY FORM DESIRED. OPTIONAL FORM WH-347 IS AVAILABLE FOR THIS PURPOSE AND PACE 32 I MAY BE PURCHASED FROM THE SUPERINTENDENT OF DOCUMENTS (FEDERAW/ STOCK NO. 029-005-00014-1), U.S. GOVERNMENT PRINTING OFFICE, WASHINGTON, D.C. 20402. THE PRIME CONTRACTOR IS RESPONSIBLE FOR THE SUBMISSION OF COPIES OF PAYROLLS BY ALL SUBCONTRACTORS. 2. EACH PAYROLL SUBMITTED SHALL BE ACCOMPANIED BY A "STATEMENT OF COMPLIANCE," SIGNED BY THE CONTRACTOR OR SUBCONTRAC- TOR OR HIS OR HER AGENT WHO PAYS OR SUPERVISES THE PAYMENT OF THE PERSONS EMPLOYED UNDER THE CONTRACT AND SHALL CERTIFY THE FOLLOW- ING: (a) THAT THE PAYROLL FOR THE PAYROLL PERIOD CONTAINS THE INFORMATION REQUIRED TO BE MAINTAINED UNDER 29 C.F.R. 1 5.5 (a) (3) (i) AND THAT SUCH INFORMATION IS CORRECT AND COMPLETE; (b) THAT EACH LABORER OR MECHANIC (INCLUDING EACH HELPER, APPRENTICE, AND TRAINEE) EMPLOYED ON THE CONTRACT DURING THE PAYROLL PERIOD HAS BEEN PAID THE FULL WEEKLY WAGES EARNED, WITHOUT REBATE, EITHER DIRECTLY OR INDIRECTLY, AND THAT NO DEDUCTIONS HAVE BEEN MADE EITHER DIRECTLY OR INDIRECTLY FROM THE FULL WAGES EARNED, OTHER THAN PERMISSIBLE DEDUCTIONS AS SET FORTH AT 29 C.F.R. PART 3; (C) THAT EACH LABORER OR MECHANIC HAS BEEN PAID NOT LESS THAN THE APPLICABLE WAGE RATES AND FRINGE BENEFITS OR CASH EQUIVALENTS FOR THE CLASSIFICATION OF WORK PERFORMED, AS SPECIFIED IN THE APPLICABLE WAGE DETERMINATION INCORPORATED INTO THE CON- TRACT. 3. THE WEEKLY SUBMISSION OF A PROPERLY EXECUTED CERTI- FICATION SET FORTH ON THE REVERSE SIDE OF OPTIONAL FORM WH-347 SHALL SATISFY THE REQUIREMENT FOR SUBMISSION OF THE "STATEMENT OF COMPLIANCE" REQUIRED BY 29 C.F.R. 9-5.5(a) (3) (ii) (B). 4. THE FALSIFICATION OF ANY OF THE ABOVE CERTIFICA- TIONS MAY SUBJECT THE CONTRACTOR OR SUBCONTRACTOR TO CIVIL OR CRIMINAL PROSECUTION UNDER 18 U.S.C. 3 1001 AND 31 U.S.C. b 231. (o) THE CONTRACTOR OR SUBCONTRACTOR SHALL MAKE THE RECORDS REQUIRED UNDER 29 C.F.R. 15.5(a) (3) (1) AVAILABLE FOR INSPECTION, COPYING, OR TRANSCRIPTION~BY AUTHORIZED REPRESENTATIVES OF UMTA OR THE DEPARTMENT OF LABOR, AND SHALL PERMIT SUCH REPRE- SENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. IF THE CONTRACTOR OR SUBCONTRACTOR FAILS TO SUBMIT THE REQUIRED RECORDS OR MAKE THEM AVAILABLE, UMTA MAY, AFTER WRITTEN NOTICE TO THE CONTRACTOR, SPONSOR, APPLICANT, OR OWNER, TAKE SUCH ACTION AS MAY BE NECESSARY TO CAUSE THE SUSPENSION OF ANY FURTHER PAYMENT, ADVANCE, OR GUARANTEE OF FUNDS. FURTHERMORE, FAILURE TO SUBMIT THE REQUIRED RECORDS UPON REQUEST OR MAKE SUCH RECORDS AVAILABLE MAY BE GROUNDS FOR DEBARMENT ACTION PURSUANT TO 29 C.F.R. S 5.12. 4. APPRENTICES AND TRAINEES. (a) APPRENTICES. APPRENTICES WILL BE PERMITTED TO WORK AT LESS THAN THE PREDETERMINED RATE FOR THE WORK THEY PERFORMED WHEN THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A BONA PAGE 33 Aj. dallaro~_.~~r 3k, e FIDE APPRENTICESHIP PROGRAM REGISTERED WITH THE U.S. DEPARTMENT LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION, BUREAU OF APPREN- TICESHIP AND TRAINING, OR WITH A STATE APPRENTICESHIP AGENCY RECOG- NIZED BY THE BUREAU, OR IF A PERSON IS EMPLOYED IN HIS OR HER FIRST 90 DAYS OF PROBATIONARY EMPLOYMENT AS AN APPRENTICE IN SUCH AN APPRENTICESHIP PROGRAM, WHO IS NOT INDIVIDUALLY REGISTERED IN THE PROGRAM, BUT WHO HAS BEEN CERTIFIED BY THE BUREAU OF APPRENTICESHIP AND TRAINING OR A STATE APPRENTICESHIP AGENCY (WHERE APPROPRIATE) TO BE ELIGIBLE FOR PROBATIONARY EMPLOYMENT AS AN APPRENTICE. THE ALLOWABLE RATIO OF APPRENTICES TO JOURNEYMEN ON THE JOB SITE IN ANY CRAFT CLASSIFICATION SHALL NOT BE GREATER THAN THE RATIO PERMITTED TO THE CONTRACTOR AS TO THE ENTIRE WORK FORCE UNDER THE REGISTERED PROGRAM. ANY WORKER LISTED ON A PAYROLL AT AN APPRENTICE WAGE RATE, WHO IS NOT REGISTERED OR OTHERWISE EMPLOYED AS STATED ABOVE, SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE ON THE WAGE DETER- MINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED.. IN ADDITION, ANY APPRENTICE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. WHERE A CONTRACTOR IS PERFORMING CONSTRUCTION ON A PROJECT IN A LOCALITY OTHER THAN THAT IN WHICH ITS PROGRAM IS REGISTERED, THE RATIOS AND WAGE RATES (EXPRESSED IN PERCENTAGES OF THE JOURNEYMAN'S HOURLY RATE) SPECIFIED IN THE CONTRACTOR'S OR SUBCONTRACTOR'S REGISTERED PROGRAM SHALL BE OB- SERVED. EVERY APPRENTICE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE REGISTERED PROGRAM FOR THE APPRENTICE'S LEVEL OF PROGRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINATION. APPRENTICES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH THE PROVISIONS OF THE APPRENTICESHIP PROGRAM. IF THE APPRENTICESHIP PROGRAM DOES NOT SPECIFY FRINGE BENEFITS, APPRENTICES MUST BE PAID THE FULL AMOUNT OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION FOR THE APPLI- CABLE CLASSIFICATION. IF THE ADMINISTRATOR DETERMINES THAT A DIFFERENT PRACTICE PREVAILS FOR THE APPLICABLE APPRENTICE CLASSIFI- CATION, FRINGE BENEFITS SHALL BE PAID IN ACCORDANCE WITH THAT DETERMINATION. IN THE EVENT THE BUREAU OF APPRENTICESHIP AND TRAINING, OR A STATE APPRENTICESHIP AGENCY RECOGNIZED BY THE BUREAU, WITHDRAWS APPROVAL OF AN APPRENTICESHIP PROGRAM, THE CON- TRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE APPRENTICES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED (b) TEES. EXCEPT AS PROVIDED IN 29 C.F.R. 6 5.160 TRAINEES WILL NOT BE PERMITTED TO WORK AT LESS THAN THE PREDETER- MINED RATE FOR THE WORK PERFORMED UNLESS THEY ARE EMPLOYED PURSUANT TO AND INDIVIDUALLY REGISTERED IN A PROGRAM WHICH HAS RECEIVED PRIOR APPROVAL, EVIDENCED BY FORMAL CERTIFICATION BY THE U. S. DEPARTMENT OF LABOR, EMPLOYMENT AND TRAINING ADMINISTRATION. THE RATIO OF TRAINEES TO JOURNEYMEN ON THE JOB SITE SHALL NOT BE GREATER THAN PERMITTED UNDER THE PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION. EVERY TRAINEE MUST BE PAID AT NOT LESS THAN THE RATE SPECIFIED IN THE APPROVED PROGRAM' FOR THE TRAINEE'S LEVEL OF PR DRESS, EXPRESSED AS A PERCENTAGE OF THE JOURNEYMAN HOURLY RATE SPECIFIED IN THE APPLICABLE WAGE DETERMINA- TION. TRAINEES SHALL BE PAID FRINGE BENEFITS IN ACCORDANCE WITH PAGE 34 THE PROVISIONS OF THE TRAINEE PROGRAM. IF THE TRAINEE PROGRAM DOES /J NOT MENTION FRINGE BENEFITS, TRAINEES SHALL BE PAID THE FULL AMOUN OF FRINGE BENEFITS LISTED ON THE WAGE DETERMINATION UNLESS THE ADMINISTRATOR OF THE WAGE AND HOUR DIVISION DETERMINES THAT THERE IS AN APPRENTICESHIP PROGRAM ASSOCIATED WITH THE CORRESPONDING JOURNEYMAN WAGE RATE ON THE WAGE DETERMINATION, THAT PROVIDES FOR LESS THAN FULL FRINGE BENEFITS FOR APPRENTICES. ANY EMPLOYEE LISTED ON THE PAYROLL AT A TRAINEE RATE WHO IS NOT REGISTERED AND PARTICIPATING IN A TRAINING PLAN APPROVED BY THE EMPLOYMENT AND TRAINING ADMINISTRATION SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE CLASSIFICATION OF WORK ACTUALLY PERFORMED. IN ADDITION, ANY TRAINEE PERFORMING WORK ON THE JOB SITE IN EXCESS OF THE RATIO PERMITTED UNDER THE REGISTERED PROGRAM SHALL BE PAID NOT LESS THAN THE APPLICABLE WAGE RATE ON THE WAGE DETERMINATION FOR THE WORK ACTUALLY PERFORMED. IN THE EVENT THE EMPLOYMENT AND TRAINING ADMINISTRATION WITHDRAWS APPROVAL OF A TRAINING PROGRAM, THE CONTRACTOR WILL NO LONGER BE PERMITTED TO UTILIZE TRAINEES AT LESS THAN THE APPLICABLE PREDETERMINED RATE FOR THE WORK PERFORMED UNTIL AN ACCEPTABLE PROGRAM IS APPROVED. (C) EQUAL EMPLOYMENT OPPORTUNITY. THE UTILIZATION OF APPRENTICES, TRAINEES, AND JOURNEYMEN UNDER 29 C.F.R. PART 5 SHALL BE IN CONFORMITY WITH THE EQUAL EMPLOYMENT OPPORTUNITY REQUIREMENTS OF EXECUTIVE ORDER 112460 AS AMENDED, AND 29 C.F.R. PART 30. B. COMELIANCE WITH COPELAND ACT REQUIRE ENTS. THE CONTRACTOR SHALL COMPLY WITH THE REQUIREMENTS OF 29 C.F.R. PART 30 WHICH ARE INCORPORATED HEREIN BY REFERENCE. 6. CONTRACT TERMINATION: DEBARMENT. A BREACH OF THE CONTRACT CLAUSES IN 29 C.F.R. 1 5.5 MAY BE GROUNDS FOR TERMINATION OF THE CONTRACT, AND FOR DEBARMENT AS A CONTRACTOR AND A SUBCONTRACTOR AS PROVIDED IN 29 C.F.R. S 5.12. 7. COMPLIANCE WITH DAVIS-BACON AND RELATED ACT REQUIREMENTS. ALL RULINGS AND INTERPRETATIONS OF THE DAVIS-BACON AND RELATED ACTS CONTAINED IN 29 C.F.R. PARTS 1, 31 AND 5 ARE INCORPORATED HEREIN BY REFERENCE. 8. DISPUTES CONCERNING LABOR STANDARDS. DISPUTES ARISING OUT OF THE LABOR STANDARDS PROVISIONS OF THIS CONTRACT SHALL NOT BE SUBJECT TO THE GENERAL DISPUTES CLAUSE OF THIS CONTRACT. SUCH DIS- PUTES SHALL BE RESOLVED IN ACCORDANCE WITH THE PROCEDURES OF THE DEPARTMENT OF LABOR SET FORTH IN 29 C.F.R. PARTS 5, 61 AND 7. DIS- PUTES WITHIN THE MEANING OF THIS CLAUSE INCLUDE DISPUTES BETWEEN THE CONTRACTOR (OR ANY OF ITS SUBCONTRACTORS) AND THE CONTRACTING AGENCY, THE U. S. DEPARTMENT OF LABOR, OR THE EMPLOYEES OR THEIR REPRESENTATIVES. 9. (a) CERTIFICATION OF ELIGIBILITY. BY ENTERING INTO THIS AGREEMENT OR A THIRD PARTY CONTRACT FINANCED UNDER THIS AGREEMENT, THE CONTRACTOR CERTIFIES THAT NEITHER IT (NOR HE NOR SHE) NOR ANY PERSON OR FIRM THAT HAS AN INTEREST IN THE CONTRACTOR'S FIRM IS A PERSON OR FIRM INELIGIBLE TO BE AWARDED GOVERNMENT CONTRACTS BY PAGE 35 prdaP~o__ Q, .L137 VIRTUE OF SECTION 3 (a) OF THE DAVIS-BACON ACT OR 29 C.F.R. 5.12(a) (1). (b) NO PART OF THIS CONTRACT SHALL BE SUBCONTRACTED TO ANY PERSON OR FIRM INELIGIBLE FOR AWARD OF A GOVERNMENT CONTRACT BY VIRTUE OF SECTION 3(a) OF THE DAVIS-BACON ACT OR 29 C.F.R. 5 5.12(a) (1). (c) THE PENALTY FOR MAKING FALSE STATEMENTS IS PRESCRIBED IN THE U.S. CRIMINAL CODE, 18 U.S.C. 5 1001- 10. OVERTIME REQUIREMENTS. NO CONTRACTOR OR SUBCONTRACTOR CONTRACTING FOR ANY PART OF THE CONTRACT WORK WHICH MAY REQUIRE OR INVOLVE THE EMPLOYMENT OF LABORERS OR MECHANICS SHALL REQUIRE OR PERMIT ANY SUCH LABORER OR MECHANIC IN ANY WORK WEEK IN WHICH HE OR SHE IS EMPLOYED ON SUCH WORK TO WORK IN EXCESS OF FORTY HOURS IN SUCH WORK WEEK UNLESS SUCH LABORER OR MECHANIC RECEIVES COMPENSA- TION OF PAY T FOA RATE NOT LESS THAN ONE R ALL HOURS WORKED IN EXCESS OFHFORTY IHOURS HINBSUCH WORK WEEK. 11. yj_OL~'TIONt LIABILITY FOR ( PAID WACFSI L•IOUIDATED DAMAGES. IN THE EVENT OF ANY VIOLATION OF THE REQUIREMENTS OF 29 C.F.R. S FOR THE UNPAID WAGES~~ ADDITONRESPONSIBLE THERE- 5. 5 (HALL, C BE THE LIABLE CONTRACTOR FOR S H `-ON- TRACTOR AND SUBCONTRACTOR SHALL BE LIABLE TO THE UNITED STATES (IN HE CASE OF WORK DONE UNDER CONTRACT FOR THE DISTRICT OF COLUMBIA OR A TERRITORY, TO SUCH DISTRICT OR TO SUCH TERRITORY) FOR LIQUI- DATED DAMAGES. SUCH LIQUIDATED DAMAGES SHALL BE COMPUTED WITH RESPECT TO EACH INDIVIDUAL LABORER OR MECHANIC, INCLUDING WATCHMEN AND GUARDS, EMPLOYED IN VIOLATION OF 29 C.F.R. 15.5(b) (1) IN THE SUM OF $10 FOR EACH CALENDAR DAY ON WHICH SUCH INDIVIDUAL WAS REQUIRED FORTY HOURS WITHOUT POAYMWORK IN ENT OF THE OVERTIME WAGES REQUIRED BY E OF 29 C.F.R. 15.5(b) (1). UNTA UNPAID WAGES LI 12. OR THE AG NCY SHALL AN AUTHORIZED REPRESENTATIVE OF THE DEPARTMENT OF LABORNWITHHOLD OR CAUSE TO BE WITHHELD, FROM ANY MONEYS PAYABLE ON ACCOUNT OF WORK PERFORMED BY THE TRACT OR ANY OTHER CONTRACTOR FEDERAL CONTRACT WITH RTHE SAME PRIME CONTRACTOR) OR ANY OTHER FEDERALLY-ASSISTED CONTRACT SUBJECT TO THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT, WHICH IS HELD AY HE SAME PRIME CONTRACTOR, SUCH SUMS AS MAY BE DETERMINED TO BE NECESSARY TO SATISFY ANY LIABILITIES OF SUCH CONTRACTOR OR SUBCONTRACTOR FOR UNPAID WAGES AND LIQUIDATED DAMAGES AS PROVIDED IN THE CLAUSE SET FORTH AT 29 C.F.R. 15.5(b) (2). 13. SUBCONTRACTS. THE CONTRACTOR OR SUBCONTRACTOR SHALL INSERT IN ANY SUBCONTRACTS THE CLAUSES SET FORTH IN SUBSECTIONS 116.a.(1) THROUGH THE SU2BCONTRACTORS TO INCLUDE R THESE CLAUSES IN ANY LOWER REQUIR- ING TIER SUBCONTRACTS. THE PRIME CONTRACTOR SHALL BE RESPONSIBLE FOR COM- PLIANCE BY ANY SUBCONTRACTOR OR LOWER TIER SUBCONTRACTOR WITH THE PAGE 36 c CLAUSES SET FORTH IN SUBSECTIONS 116.a.(1) THROUGH 116.a.(12) THE CITY'S AGREEMENT WITH THE GOVERNMENT. lll/// Nonconstruction Contracts. Pursuant to the regulations set forth at 29 C.F.R. Part 5, the following provisions shall be incorporated in all federally-assisted non-construction contracts of $20500 let by the Agency in carrying out the Project: NONCONSTRUCTION CONTRACTS. THE REQUIREMENTS OF THE CLAUSES CONTAINED IN 29 C.F.R. 15.5(b) OR SUBSECTIONS 116.a.(10) THROUGH 116.x.(13) OF PART II OF THIS AGREEMENT ARE APPLICABLE TO ANY CONTRACT SUBJECT TO THE OVERTIME PROVISIONS OF THE CONTRACT WORK HOURS AND SAFETY STANDARDS ACT AND NOT TO ANY OF THE OTHER STATUTES CITED IN 29 C.F.R. 9 5.1. THE CONTRACTOR OR SUBCONTRACTOR SHALL MAINTAIN PAYROLLS AND BASIC PAYROLL RECORDS DURING THE COURSE OF THE WORK AND SHALL PRESERVE THEM FOR A PERIOD OF THREE YEARS FROM THE COMPLETION OF THE CONTRACT FOR ALL LABORERS AND MECHANICS, INCLUDING GUARDS AND WATCHMEN, WORKING ON THE CONTRACT. SUCH RECORDS SHALL CONTAIN THE NAME AND ADDRESS OF EACH SUCH EMPLOYEE, SOCIAL SECURITY NUMBER, CORRECT CLASSIFICATIONS, HOURLY RATES OF WAGES PAID, DAILY AND WEEKLY NUMBER OF HOURS WORKED, DEDUCTIONS MADE, AND ACTUAL WAGES PAID. THE RECORDS TO BE MAINTAINED UNDER THIS CLAUSE SHALL BE MADE AVAILABLE BY THE CONTRACTOR OR SUB- CONTRACTOR FOR INSPECTION, COPYING, OR TRANSCRIPTION BY AUTHORIZED REPRESENTATIVES OF t"4TA, DOT, OR THE DEPARTMENT OF LABOR, AND THE CONTRACTOR OR SUBCONTRACTOR WILL PERMIT SUCH REPRESENTATIVES TO INTERVIEW EMPLOYEES DURING WORKING HOURS ON THE JOB. W. Environmental Resource. Energy Protection, and Conserva- tion Requirements. 1. The National Environmental Policy Act of 19690 as amended, 42 U.S.C. 99 4321 it sea.; Section 14 of the Urban Mass Transporta- tion Act of 1964, as amended, 49 U.S.C, app. 35 1601 At seq.; the council on Environmental Quality regulations, 40 C.F.R. Part 1500 at seg.j and the FHWA/UMTA regulation, "Environmental Iapact and Related Procedures," 23 C.F.R. Part 771, as amended, are applicable to the Project. 2. The Agency shall comply with the provisions of the Clean Air Act, as amended, 42 U.S.C. 39 1857 It seq.; the Federal Water Pollution Control Act, as amended, 33 U.S.C. if 1251 It seg•; and implementing regulations, in the facilities that are involved in the Project for which Federal assistance is given. The Agency shall ensure that the facilities under ownership, lease or super- vision, whether directly or under contract, that will be utilized in the accomplishment of the Project are not listed on the Environ- mental Protection Agency (EPA) List of Violating Facilities. Con- tracts, subcontracts, and subgrants of amounts in excess of $100,000 shall contain a provision requiring compliance iii+:h all applicable standards, orders, or requirements issued pursuant to Federal statute or regulation. The Agency and any third party contractor thereof shall be responsible for reporting any viola- tiona to City and UMTA and to the EPA Assistant Administrator for Enforcement. In addition, the Agency shall notify City and UMTA of PAGE 37 i the receipt of any communication from the Director of the EPX&L~-S~ Office of Federal Activities indicating that a facility to be ((~J utilized in the Project is under consideration for listing by EPA. 3. No facilities or equipment shall be acquired, constructed, or improved as a part of the Project unless the Agency obtains satisfactory assurances that they are (or will be) designed and equipped to limit air pollution as provided in accordance with the following EPA regulations: "Control of Air Pollution from Motor Vehicles and Motor Vehicle Engines," 40 C.F.R. Part ;,S: "Control of Air Pollution from New Motor Vehicles and New Motor Vehicle En- gines? Test Procedures for Light-Duty Vehicles and Light-Duty Trucku and Selective Enforcement Auditing of New Light-Duty Vehi- cles, Light-Duty Trucks and Heavy-Duty Engines," 40 C.F.R. Part 861 and "Fuel Economy of Motor Vehicles," 40 C.F.R. Part 600: in accor- dance with applicable federally-approved State Implementation Plan(s) (in particular, the Transportation Control Measures)? and in accordance with appropriate UMTA directives and all other applicable standards. 4. No publicly owned land from a park, recreation area, or wildlife or waterfowl refuge of national, State, or local signifi- cance as determined by the Federal, State, or local officials having jurisdiction thereof, or any land from an historic site of national, State, or local significance may be used for the Project unless specific findings required under 49 U.S.C. S 303 are made by the Department of Transportation. 5. The Agency shall assist the Government (UMTA) to comply with section 106 of the National Historic Preservation Act invol- ving historic and archaeological preservation by: (1) Consulting the State Historic Preservation officer on the conduct of investigations, in accordance with Advisory Council on Historic Preservation regulations, "Protection of Historic and Cultural Properties," 36 C.F.R. Part 800, to identify properties and resources listed in or eligible for inclusion in the National Register of Historic Places that may be affected by the Project, and notifying the Government (UMTA) of the existence of any such properties: and (2) Complying with all Federal requirements to avoid or miti- gate adverse effects upon such properties. 6. The Agency and its third party contractors shall comply with mandatory standards and policies relating to energy efficiency that are contained in applicable state energy conservation plans issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. SS 6321 tt gM. 7. Should the proposed Project cause adverse environmental effects, the Agency shall take all reasonable steps to minimize such effects pursuant to 49 U.S.C. app. 1 1610, other applicable statutes, and the procedures set forth in 23 C.F.R. Part 771. The Agency shall undertake all environmental mitigation measures that PAGE 38 maybe identified as commitments inapplicable environmental ddc~ rants (such as environmental assessments, environmental impact statements, memoranda of agreements, and statements required by 49 U.S.C. 3 303) and with any conditions imposed by the Government as part of a finding of no significant impact or a record of deci- sion; all such mitigation measures are incorporated in and made part of this Agreement by reference. In the event that some or all mitigation measures are deferred, once such measures are agreed upon by the Government, City and the Agency, those mitigation methods subsequently determined will be incorporated into this Agreement. Such mitigation measures may not be modified or with- drawn without the express written approval of the Government. i S. In carrying out the Project, the Agency shall make all appropriate efforts to foster the use of fly ash, substantially in compliance with EPA regulations "Guideline for Federal Procurement of Cement and Concrete Containing Fly Ash," 40 C.P.R. Part 249. Should the Agency make a determination that the use of fly ash is inappropriate in a particular procurement of cement or concrete, the Agency shall provide UMTA a written justification to support that decision. X. MISCELLANEOUS 1. Agency shall comply with Department of Transportation regulations, "Uniform Relocation and Real Property Acquisition Regulation for Federal and Federally Assisted Programs," 49 C.F.R. Part 24. 2. Agency shall comply with the flood insurance purchase requirements of section 102(a) of the Flood Disaster Protection Act of 1973, 42 U.S.C. S 4012(a), with respect to any construction or acquisition Project. 3. Agency shall comply with the bus testing requirements as set forth in section 12(h) of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. app. S 1608(h), and any implementing regulations that may be issued thereunder. 4. Agency shall comply with any regulations that may be issued to implement section 12(j) of the Urban Mass Transportation Act, of 1964, as amended, 49 U.S.C. app. S 1608(j). 5. If any invention, improvement, or discovery of the Agency or any of its third party contractors is conceived or first actually reduced to practice in the course of or under this Project, which invention, improvement, or discovery may be patentable under the laws of the United Stateb of America or any foreign country, the Agency shall immediately notify the Government (UMTA) and provide a detailed report. The rights and responsibili- ties of the Agency, third party contractors, the city and the Government with respect to such invention, improvement, or discovery will be determined in accordance with applicable Federal laws, regulations, policies, and any waiver thereof. PAGE 39 Njn~l NO 6. Right in Data. !0 q+ a. The term "subject data" as used herein means recorded information, whether or not copyrighted, that is delivered or specified to be delivered under this Agreement. The term includes graphic or pictorial delineations in media such as drawings or photographs, text in specifications or related performance or design-type documents; machine forms such as punched cards, mag- netic tape, or computer memory printouts; and information retained in computer memory. Examples include, but are not limited to: computer software, engineering drawings and associated lists, specifications, standards, process sheets, manuals, technical reports, catalog item identifications, and related information. The term does not include financial reports, cost analyses, and similar information incidental to Project administration. b. The following restrictions apply to all subject data first produced in the performance of this Agreements (1) Except for its own internal use, the Agency may not publish or reproduce such data in whole or in part, or in any manner or form, nor may the Agency authorize others to do so, without the written consent of the City and the Government, until such time as the Government may have either released or approved the release of such data to the public; this restriction on publication, however, does not apply to Agreements with academic institutions. (2) As authorized by 49 C.F.R. Part 18.34, the City and the Government (UHTA) reserve a royalty-free, non-exclusive and irrevo- cabla license to reproduce, publish or otherwise use, and to autho- rize others to use, for Federal Government purposes: (a) Any work developed under a grant, cooperative agree- ment, sub-grant, sub-agreement, or third party contract, irrespec- tive of whether or not a copyright has been obtained; and (b) Any rights of copyright to which a Agency, sub-rcoipi- ent, or a third party contractor purchases ownership with Federal assistance. c. Agency understands and agrees that, in addition to the rights set forth in Subsection 119.b.(2) of Part II of this Agree- ment, UXTA may make available to any UMTA recipient, sub-grantee, sub-recipient, third party contractor, or third party subcontrac- tor, either UMTA's license in the copyright to the "subject data" derived under this Agreement or a copy of the "subject data" first produced under this Agreement. d. The City and Agency shall indemnify, save and hold harmless the Government, its officers, agents, and employees acting within the scope of their official duties against any liability, including costs and expenses, resulting from any willful or inten- tional violation by the Agency of proprietary rights, copyrights, or right of privacy, arising out of the publication, translation, PAGE 40 I I Auan!?a No 1a .Q57 reproduction, delivery, use, or disposition of any data furnished under this Agreement. e. Nothing contained in this clause shall imply a license to the City or Government under any patent or be construed as affect- ing the scope of any license or other right otherwise granted to the City or Government under any patent. f. Subsections b., c. and d. of Part II of this Section are not applicable to material furnished to the Agency by the U. S. Government and incorporated in the work furnished under the Agree- menti provided that such incorporated material is identified by the Agency at the time of delivery of such work. g. In the event that the Project, which is the subject of this Agreement, is not completed, for any reason whatsoever, all data developed under that Project shall become subject data as defined in Subsection 119.a, of Part II of the City0a Agreement with the Government and shall be delivered as the Government may direct. h. The requirements of Subsections a. through g. of this Sec- tion shall be included in all third party contracts of the Agency under this Project. 7. Privacy, Should the Agency, or any or its third party contractors, sub-grantees, sub-recipients or their employees administer any system of records on behalf of the Federal Govern- ment, the Privacy Act of 1974, 5 U.S.C. 1 552& (the Act), imposes information restrictions on the party administering the system of records. a. For purposes of the Privacy Act, when the Agreement involves the operation of a system of records on individuals to accomplish a Government function, the Agency and any third part) contractors, sub-grantees, sub-recipients and their employees involved therein are considered to be Government employees with respect to the Government function. The requirements of the Act, including the civil and criminal penalties for violations of the Act, apply to those individuals involved. Failure to comply with the terms of the Act will make this Agreement subject to termina- tion. b. As used herein: (1) "Operation of a system of records" means performance of any of the activities associated with maintaining the system of records on behalf of the Government including the collection, use and dissemination of records. (2) "Record" means any item, collection, or grouping of information about an individual that is maintained by the Agency on behalf of the Government including, but not limited to, his or her education, financial transactions, medical history, and criminal or employment history and that contains his or her name, or the iden- PAGE 41 r AjondaNo_1 ag.~,dalcem tifying number, symbol, or other identifying particular assigned t43 the individual, such as a finger or voice print or a photograph. (3) "System of records" on individuals means a group of any records under the control of the Agency on behalf of the Gov- ernment from which information is retrieved by the name of the individual or by some identifying number, symbol or other Identify- ing particular assigned to the individual. Y. GENERAL PROVISIONS a. Bonus or Commission. The Agency warrants that it has not paid, and also agrees not to pay, any bonus or commission for the purpose of obtaining approval of its application for the financial assistance hereunder. b. State or Territorial Law, Except to the extent that a Federal statute or regulation conflicts with State or territorial law, nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act, or do any other thing in contravention of any applicable State or territorial laws however, if any of the provisions of the Agree- ment violate any applicable State or territorial law, or if compli- ance with the provisions of the Agreement would require the Agency to violate any applicable State territorial law, the Agency shall at once notify the Government (UNTA) in writing in order that appropriate arrangements may be made by the Government and the Agency to the end that the Agency may proceed as soon as possible with the Project. c. Records. The Agency will, for each local fiscal year ending on or after July 1, 1978s conform to the reporting system and the uniform system of accounts and records to the extent required by section 15 of the Urban Mass Transportation Act of 1964, as amended, 49 U.S.C. app. 9 1611, effective for each local fiscal year ending on or after July 1, 1978, and applicable regu- lations "Uniform System of Accounts and Records and Reporting System," set forth at 49 C.F.R. Part 630. d Severability, if any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby if such remainder would then continue to conform to the terms and requirements of applicable law. IN FATNESS WHEREOF, the parties do hereby affix their signa- tures and enter into this Agreement as of the _ day of , 1993. CITY OF DENTON, TEXAS BOB CASTLEBERRY, MAYOR PAGE 42 k Apidaltem ' t-,Xe 4- r I Me _q a/' ATTEST: JENNIFER WALTERS~ CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: SERVICES PROGRAM POR AGING NEEDS DIRECTOR ATTEST: BY: _ SECRETARY PAGE 43 4 rCITY~_=_.. -COUNCI - t s e: Ai • ti~'u 4fpM O~~ GG ~ I I N 114`W.~ AW*Ne. - Orate A640;f-~ CITY 01 DENTON, rBXAS MUNICIPAL BUILDING / 215E MCKINNEY / DENTON, TEXAS 76201 RZKORANDUN DATEt September 17, 1993 TO: The Honorable Mayor and Members of the City Council FROM: Jon Fortune, Management Services Administrator I SUBJECTS RESOLUTION APPROVING BUDGET ADJUSTMENTS VV Please find attached a resolution that makes several adjustments to "clean-upt' the 1992-93 adopted budget. As the 1992-93 year comes to a close, there are several divisions that anticipate exceeding their appropriation, This resolution transfers money from divisions that do not expect to spend their entire appropriation to those who anticipate exceeding theirs. Municipal Services/Economic Development needs an additional $2,436 appropriated due to "drag up costal' from having to pay termination benefits (i.e., vacation, etc,) associated with an employee resigning. This was an unforeseen expense. Accounting Miscellaneous needs an additional $240400 appropriated to pay for the Fixed Asset study conducted this year as directed by city Council in June, 1993. The Fire department needs a total of $75,000 to pay for "drag up costs" from having to pay termination benefits (i.e., vacation, retirement, etc.) associated with several employees retiring. The Fire Department is able to fund $350000 from savings within their budget, but needs an additional appropriation of $40,000 to pay the balance. The Airport needs an additional appropriation of $15,000 to help pay planning expenses approved by City Council on February 4, 1992 related to the Denton Municipal Airport Master Plan. T from he money needed to transfer tc he above departments will come Miscellaneous, General ,Government, Legal, Customer service Finance ervi eand Police. If you have any questions, please advise. Thank you. Jrtaf Attachment 8171566.8200 DIrW METRO 434.2629 EI\YPDOC$\RES\&WGE:,ADJ Agenda'io_..~ Agendaite Da 1e a ~3 RESOLUTION NO. A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR 1992-93: AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the budget adjustments, as indicated on Exhibit "A", attached hereto and incorporated by reference herein, for the fiscal year 1992-93 are hereby, in all things, approved and ratified. S=-Q II. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1993. BOB CASTLEBERRY, HAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY: S~~ h.a Fah Agenda No Agenda Iterr -j Date RESOLUTION EXHIBIT A FISCALYEAR 1992-93 YEAR END BUDGET ADJUSTMENT CURRENT INC(DEC) MODIFIED e BUDGET- GENERAL FUND EXPENDITURES BUDGET AMOUNT Municipal ervce oonom c evopment 180,700 ;e"400 Leisure Services 1,132,606 (2,436) 1,130,070 Accounting Miscellaneous 729,037 24,400 753,437 Accounting 474,416 (9,000) 465,415 Finance Miscellaneous 736,501 (600) 736,001 General Government 503,919 (12,500) 491,419 Legal 417,972 (2,400) 415,672 Fire Operations 3,614,400 40,000 3,654,400 Airport 84,639 15,000 99,639 Police 8,143,337 (45,000) 8,098,337 Customer Service 802,866 (10,000)-- 792,666 NET GENERAL FUND ADJUSTMENT 14,620,248 0 14,620,248 i ~I I' f Y YCITY = •MOUNCI i ...___.Y L s y^.~ Y NOGG a ~CITY~ -COUNCI ~ ow ~c a: N. I OGC ~ a kerldsNo 3- r V A er I 1301 Ptnrny!vlnit Memo NW Qq~.ne2 p ~'L" 1 Y 1°➢ V" l,.Qu. w.shInOion. oc. Donolo of 20004 M"W. L v ~ oopu~L CM41 (7021626.3000 D August S, 1993 PIn (202)626300) '-V OWPOJ*I ftmw ryo M►w. PMrrk Nw Jr W Ja-wd Yb *"*%V MEMORANDUM cow~iWno~ 2"41IW ADMIL 0"* ' o"W41I ANr lnodrn aWroe I NooP Mora. Ll ova Awdt To: City Clerks of Direct Vam~ber Cities i.rv"A , From: Donald J. BifV?ofing e Director Subject: Designation and Alternate Voting Delegates, Annual Congress of Cities, December 2.5, 1993, Orlando, Florida Due October 8 The National Let-jue of Cities' Annual Business Meeting will be held Sunday, December S, 1993 at the Conb!ess of Cities in Orlando, Florida. Under the Bylaws of the National League of cities, each direct member city Is entitled to cast from one to 20 votes, depending upon the city's population, through its designated voting delegate at the Annual Business Meeting. The table on the reverse side of this memorandum shows the breakdown of votes by population categories. To be eligible to cast the city's vote(s), each voting delegate and alternate voting delegate must be designated by the city using the attached form which will be forwarded to NLC's Credentials Committee. NLC's Bylaws expressly prohibit vpung by proxy. Thus, the designated voting delegates must be present at the Annual Business Meeting to cast the city's vote or votes. To enable us to get your credentials in order and to prop ;de your voting delegates with proposed National Munici 1 Policy amendments and p,oposrd Resolutions prior to the Congress of Cities, we ask that you return the WRITE copy of the completed form to NLC on or before October B, 1993. A pre-addressed envelope is attached. Upon receipt of these names, NIX will send each voting and alternate voting delegate a set of instructions on registration and rules governing the conduct of the Annual Business Meeting, 'ro assist your state municipal league in selecting delegates to cast votes on behalf of the state municipal league, please forward the YELL0 copy of'the credential form to your state Lague office and keep the FJXK copy for your records, P If you have any questions, please contact Lesley-Ann Rennie at (202) 626-3020. hMMWMnPO !M"ry ~~o'.+L"WP. M'w NW Dow$ Wd om .Ire bnav,. NLw.ld 4nPNOa Colhrno ' 004 & Nrrww Ww, 5e "Nock Nom coawl ' co" AW-4^ CewCWarrnoiUPo. 6,n.Wr.labooo r Dowers JWOO,A l AorM CowKwwrbr. V.~r wY CMMN,rr ' VWw JWM k%,* yW,m1a TnrNOM ' trwM/raoola wtvl.o O'oav, Nleh lopes M lni~ let Tv 4 ' A" lw4 M.'w Coe Irk iron ' WNWR O, Iwo'oP, A. More, Agwu Mots . Jn C. Iwrol bavn+o D.oaw LanWy M~+,agr LNPo ' AnrNM Dglea 1111 nr DoRoh Cow • hr4oLCatlM Mow. 1„aM.oN, towrno' Nr CNOnk Cana Somw PO NoW W.ko r tW. CaynwM,gCWxW+n Cwnor frM CroNy , ow Mo A. OWW F Clow. L*.40L Co " , WWWe Iwk Morr ko.Nmon luny ' Mew 000M Pd~ NOM LTN nmk 4wwo r Cmow IL NooMnl Mow weew Nnwvu ' P4~ M9 01 Cry-. Mrrp. P.W441 Worovn' Io/rll Joft a CNft4Wrir, urrw#,rno. IOMuake' PAM Un4 C&Xvon be. WOW Hovv a CdOW14 o 0410400- IL Lookwo" w,NM Do". Mom W%cv r AoorWIM I MJio MoolWO4 Cowed W"o, Mwoood Mnyoo'o ' Orr O. muca L Mow, uwNno. Two ' Tkonoo W rAw 000444. kswK Mom&*U ' a W MrMn Mow. NoeWeLuy Mnnopp . Moyro Okra .Mop, Wro MocR WOW' A"1, alM CN 0_0t" MO M'AIN"M o Orris„koa M" he TV%'JMM To.M ' MM MIA%Ce l Vo W, N" YWI CM. NoW trl ' L,M Plot I.oadM O+Itar, LWW W NobHlu kk t"t , ' tolmon! It// bK&A Now 0o o LM of Ceo, o WooKOw Stormy, Mom hmt kWWOn ' Nei Mwa I.KAm Ow,dor. to,%Mww/r LN" ' ten t IWWWr, becy" OMO:tW, kyal W4,pl Uwa o Dents IL Tow. Cr nrA,Wlw&" Catomr'Oon TMgoretwo" Mona. WOW at Wnce"KM"ho' IoM C TMmWL Cewk4Vmer. KnN WOO 0*Wo Oro W04 CO Mb, M Prlnure. CoMrno ' WoMyloe W" M*rW Dome, Crroy ' Jim W. WM,k Cp *Iom ir, ern WoV09W I Jock WMWM Mrp. P,vUA Prk feao ' Aboo L Wel, C"CAV ,rnbdg W USAA1rN o M6W10. Powy WC^ K" m Nash Crory y Nea'RNd hoe i r MCITY~~- WCOUNCI 4~ S i~ Z ~ • ~ h w r i AM*N0. 9.3-037 I ClTY00ENTON,TEXAS MUNICIPAL BUILDING/ DEN TON, TEXAS 78201 / TELEPHONE(817) 600.830? Office of the City Manepa MEMORANDUM TOi Lloyd V. Harrell, City Manager FROMi Rick Svehla, Deputy City Manager DATEi September 16, 1993 BUSJECTt Rerouting of Truck Traffic from U.B. 380 to Loop 288 At the Council meeting last Tuesday, Council had two concerns. One was the completion of the sound wall and the second was the possibility of building a signal at Loop 288 and Kings Row. We visited with Buz Elsom and his staff at the Resident office and have been advised that the letting date for the sound wall is this November. The monthly lettings are normally towards the and of the month so we would assume the Notice to Proceed will happen some time toward the middle to the and of December. TSDOT staff has advised that the project is estimated to take approximately five months which would put the completion date in May of next year. If the Council chose to take truck traffic off of U.B. 3801 the ordinance could contain a provision that would schedule that signing and routing after the wall is finished. The other question involved the signal at Kings Row and Loop 288. As Jerry Clark mentioned, the last time we counted the signal did not meet warrant under the standard warrants that the State uses. We are exploring special warrants, and in the next couple of weeks, we will be counting to see if increased traffic on Loop 288 now meets the standard warrants for this intersection. If the Council wanted to make the ordinance conditional on the signal, that could also be included in the ordinance. Eventually, the count at this intersection will reach warrant level, and a signal will be able to be installed. Staff continues to notice an increase in truck traffic on Loop 288 regardless if we sign it or not. It appears that as U.S. 380 becomes more ar.d more congested this will be an alternate route. Therefore, we think signing it and eliminating traffic early on is the better solution. We have had a chance to visit with the Attorney's office about timing. Debra thought It might be easier to make the ordinance -WVrMMq F! Y ~ga~da No. - Z„_ Agandalte+►t ~ 9/l "late Lloyd V. Harrell a,ta~z September 16, 1993 0 Page Z effective next year, sometime like June, rather than upon completion. If you or the Council has further questions, I would be happy to try and answer them at your convenience. c Rick S ehla Deputy City Manager RSrbw AMM00356 Mom pyvm. P~ HANDOUT TO COUNCIL - 9-21-93 FY 1993 REVENUES VERSUS EXPENDITURES CAPITAL PLANNING OPERATING TOTAL REVENUES $120,430 $71,070 $466,436 $657,936 EXPENDITURES $17,500 $36,035 $447,253 $500,788 DIFFERENCE $102,930 $35,035 $19,183 $157,!48 FEDERAL, STATE, LOCAL SHARE OF EXPENDITURES FY 1993 ESTIMATE CAPITAL PLANNING OPERATING TOTAL FEDERAL $14,000 $28,828 $223,626 $266,454 STATE $2,275 $4,665 $111,813 S118,773 LOCAL $1,225 $2,522 5111,813 S115,561 TOTAL $17,500 536,035 $447,253 x500,183 t ~ M HANDOUT TO COUNCIL - 9-21-93 JUVENILE DIVERSION TASK FORCE I I Agency/D*Vt/GV*UV Representative DISDIS PTA Lucille Chapman Den ion Chamber of Commerce Keith Bass i Local Civic Group Denton County DISD Larry Manko!! Municipal Judge Sandra White Finance Department John McGrane City Attorney Tanya Cooper Police Department Lloyd Burns Community-Based Organization - NAACP Carl Williams LULAC Emilio Gonzales Denton County Juvenile Probation Department Peggy Fox Canton County Bar Association Margaret Barnes DISD Student Body Ryan High School Alicia Loveless Denton West High School Campus Kevin Henry Rameriz Calhoun Middle School Francisco Strickland Middle School Bryan Burnum At-Large Representatives AFF00752 i r k •.r+ vc~ F{Ri V y HANDOUT TO COUNCIL - 9-21-93 AD HOC NEIGHBORHOOD/FAIR ASSOCIATION AD HOC COMMITTEE My proposal is that the City Council establish a committee consisting of an equal number of Fair Association and neighborhood members to continue to work together on ways of developing their "good neighbor" policy. I further propose that the elected district Council Member chair this ad hoc committee since he is so deeply committed to such a policy for both groups, is responsible for equally representing all persons involved, and has the necessary desire to carry the work forward in a positive manner. Domestic tranquility, which falls third in the Preamble to the U. S. Constitution (between establishing justice and providing for the common defense) is the chief aim and purpose of establishing this committee. To live in one's house undisturbed by others, and to conduct one's activities, such as a fair, unimpeded by others is a goal worthy of support by this Council. The time for a more formal effort by all concerned, City Council, neighborhood, and Fair Association is at hand because, of groundwork already laid by these three entities. It',a possible that a more concentrated effort could reap good, that is positive, dividends for all concerned. i