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FOR CITY OF DENTON DNTON AND DENTON COUNTY ROADS 5731.7' k'
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CITY COUNCIL AGENDA PACKET
October 5, 1993
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AGENDA Date 6
CITY OF DENTON CITY COUNCIL
October 5, 1993 v
Work Session of the City of Denton City Council on Tuesday, October
5, 1993 at 5:15 p.m. in the Civil Defense Room of City Hall, 215 E.
McKinney, Denton, Texas at which the following items will be
considered:
NOTE., Any item listed on the Agenda for the Work Session may
also be considered as part of the Agenda for the Regular session.
5:15 p.m.
1. Executive Session:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider drainage claims pending against the City.
2. Consider settlement of Hunter v City of Denton.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. Recsigie a presentation from the Chair of the Cable T.V.
Advisory Board relative to the impact of "must
carry/ retransmission consent" rules on the city of Denton's
cable system.
3. Receive a report and hold a discussion regarding nominating i
individual(s) to the Denton Central Appraisal District's Board
of Directors.
4. Receive a report and hold a discussion regarding revisions to
the smoking ordinance.
Regular Meeting of the City of Denton City Council on Tuesday,
October 5, 1993 at 7:00 p.m. in the Council Chambers of city Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
t
7:00 p.m.
I
1. Pledge of Allegiance
i
2. Consider approval of the minutes of the Special Call Sessions
of September 7 and 11, 1993, the Joint Meeting of September
13, 1993, and the Regular sessions of September 14, and 21, '
1991.
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-pendaNo X73 -03'
Agaodaltem~
City of Denton City Council Agenda Date-
October 5, 1993
Page 2
3, Consider a resolution of appreciation for David Ham.
4. Citizen Reports
A. Receive a citizen report from JoAnn Wheeler regarding a
business seminar relating to the clean Air Act and Storm
Water Regulations.
5. Citizen Requests
A. Consider approval of a resolution temporarily closing Sun
Valley Drive between Stuart Road and Yellowstone Street
on Friday, October 15, 1993 for a PTA fundraiser.
6. Consider adoption of an ordinance directing the publication of
notice of intention to issue Certificates of Obligation of the
City of Denton.
7. Public Hearings
A. Hold a public hearing and consider adoption of an
ordinance rezoning 50.041 acres of land to the
agricultural (A) zoning district, from a Planned
Development district (PD-13). The site is located at the
northeast corner of University Drive (Hwy.380) and
Marshall road. Z-93-021 (The Planning and Zoning
Commission recommends approval 6-0)
8. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. 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 be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordin^ncea (Agenda items 9.A,
9.8, 9.C). This listing is provided on tie Consent Agenda to allow
Council Members to discuss or withdraw an item prior to approval of
the Consent Agenda. Upon the receipt of a 'request to speak" form
from a citizen regarding an item on the Consent Agenda, the item
shall be removed and be considered before approval of the Consent
Agenda.
E
J,
,gendaNo 3 -G
City of Denton City Council Agenda +l°nil2118D
October 5, 1993 ht6
Page 3
A. Bids and Purchase orders;
1. Bid 01540 - Paper (Office and Xerographic)
2. Bid 01544 - Electric Meter, CT & Meter Sockets
3. Bid 11535 - North Lakes Park Phase II - Restroom/
Concession Building/Group Picnic Pavilion
4. Bid 11541 - Cooper Creek 15" Sanitary Sewer
5. Bid 01542 - university Drive Sanitary Sewer
6. Bid 01521 - Denton Municipal Complex Renovation
9. ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (8.A.1. - Bid 11540,
8.A.2. - Bid 01544)
B. Consider adoption of an ordinance accepting competitive
bids and providing for the award of contracts for public
works or improvements. (8.A.3. - Bid 01535, 84A.4. - Bid
01541, 8.A.5. - Bid 01542, 8.A.6. - Bid 01521)
C. Consider adoption of an ordinance amending Article II of
Chapter 10 ("Finance and Taxation") of the Code of
ordinances providing for procedures for emergency
purchases; providing for procedures for purchases based
on certain values; providing for competitive bidding;
providing for purchases from bond funds: providing for
personal service contracts; providing for competitive
sealed proposals; and providing for contracts with former
Councilmembers.
D. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
Denton and Ruth Inez Coyle to purchase property; and
authorizing the expenditure of funds therefor. (The
Planning and Zoning Commission recommends approval.)
E. Consider adoption of an ordinance authorizing the city
Manager to execute an agreement between the City of
Denton and J. B. Smith to purchase property; and
authorizing the expenditure of funds therefor. (The
Planning and Zoning Commission recommends approval.)
M'.Y
p Jt n
City of Denton City Council Agenda ~penQaltem_
October 5, 1993 f,~j~a S 9's
Page 4
F. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
Denton and Robert Hardy Matzinger and wife, Frances
Lamons Matzinger to purchase property; and authorizing
the expenditure of funds therefor. (The Planning and
zoning commission recommends approval,)
G. Consider adoption of an ordinance authorizing the City
Manager to execute an agreement between the City of
Denton and the City of Denison for the exchange of
property.
H. Consider adoption of an ordinance authorizing the Mayor
to execute a project engagement agreement with Haynes &
Boone, L.L.P. for professional legal services; and
authorizing the expenditure of funds therefore.
10. Resolutions
A. consider approval of a resolution authorizing the City
Manager to execute an interlocal cooperation agreement
with Denton County for shared roadway maintenance for
City of Denton and Denton County roads.
11. Consider nominations and/or appointments to the Board of
Adjustment, the Electrical Code Board, the Keep Denton
Beautiful Board and the Juvenile Diversion Task Force.
12. Miscellaneous matters from the City Manager.
A. Receive a report, hold a discussion and give staff
direction regarding a schedule to receive the final
report from the Citizens' Sales Tax Advisory Committee
and related matters.
i
13. Official Action on Executive Session Itemst
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
14. New Business
This item provides a section for Council Members to suggest
items for future agendas.
AQehdaNov
City of Denton City Council Agenda Date
October 5, 1993
Page 5 .5 Lys
15. Executive Session=
A. Legal Matters Under TEX. GOVIT CODE Sec. 551.071
B. Real Estate Under TEX. GOVT CODE Sea. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
NOTES THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
{hp em ) _day of 1993 at _ otclock (a.m.)
i
CITY SLCRETARY
i
NOTE$ THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARYIS OFFICE AT 566.8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO0157
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COUNCIL
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DATEt OCtokSBY;
CITY COUNCIL AGENDA ITEM
TOr MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT: PRESENTATION BY SUSAN MCGUIRE, CHAIRPERSON, CABLE TELEVI-
SION ADVISORY BOARD, REGARDING SAMMONS COMMUNICATIONS,
INC., CARRIAGE OF NETWORK AFFILIATED BROADCAST STATIONS.
RDCOMMEN9 ATI0N~S:
None at this time.
BACKGROUND SUMMARY:
Last year, the City Council, with the advice of the Cable
Television Advisory Hoard, officially opposed provisions of
the Cable Television Consumer Protection and Competition Act
which provided for "must carry"/"retransmission consent."
Unfortunately, these provisions were included in the final
version of the bill which was passed over a Presidential veto
in October, 1992. Based upon recent information received
from Sammons Covotunicattons, it has become apparent that at
least some of the city's concerns regarding these provisions
are materializing.
Under the provisions of the Act, local broadcast stations have
t
he option of assuming "must carry" or "retransmission
cons
thenethfe local s cable aopstation erators oare obligated to carry athat
station on the cable system. If a station chooses "retrans-
mission
o
negotiate terms fand receive then t station's consent to carry the
station's signal, whichever option a station chooses will
remain in effect for three years.
According to John Enlow, General Manager of Sammons, Inc, i;:
Denton, all of the local independent stations in the area have
opted for "must carryh status and all of the network affili-
ates have opted for "retransmission consent" status, As of
today, Sammons in Denton has concluded consent agreements with
all of the network affiliates except KXAS (Ch. 5) and FOX,
Should these two stations and Sammons fail to reach an accord
Den on's October
cable system. In thati event ilSamm Sammons b will make an
A9693C/1
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CITY COUNCIL AGENDA ITEM aQendaND.
Page 2 5, 1493 ApBndalte <<J ~
Pa e 2 I
Da to /o .S
OR
A/B switch available to its subscribers so they may switch
from cable to antennae reception to receive KXAS and FOX.
Because the implementation of these regulations has greatly
increased the number of independent broadcast stations which
many cable operators must now carry, several metroplex cable
ordoperators have been forced to carry the required tstatio s. Fortunately programming
togits
recently completed system rebuild and expansion which in-
creased channel capacity, Sammons will not be forced to drop
any programming to accommodate these new stations.
on the other hand, those stations which choose "retransmis-
sion consent" may demand fees for permission to carry their
signals. Although the Cable Act precludes cable operators
from passing these fees on to subscribers during the first
consent year, the Act specifically allows them to do so in the
second and third consent years. Consequently, cable subscrib-
ers will be paying a fce for the right to view consent
channels while a neighbor without cable service receives them
at no charge.
In essence, these provisions of the Cable Act seem to create
a no-win situation for the cable operators and local franchise
authorities. Regardless of which direction this issue takes,
some subscribers are going to be upset and the City is certain
to catch some flack over this matter,
PROGRAMS, DEPARTMENTS OR_aR_Q PS AFFECIPEDI
City of Denton, Sammons Communications, Cable Subscribers, and
Denton Citizens,
ULUAL IMPACT:
Undetermined,
/ Resp fully submitted,
I
Lloyd V, Harrell
City Manager
A9693C/2
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CITY COUNCIL AGENDA ITEM '90diNo
October 5, 1993
Page 3 Agegaq
Cate Iv s 9
Prepared by:
Bill Angelo `
Director of Community Services
Approved by
K
R. E. Nelson
Executive Director of Utilities
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A9693C/3
CITY
COUNCII
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city of DENTON, TEXAS MUNICIPAL BUILDING / 215 E, MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATES September 30, 1993
T0: Lloyd V. Harrell, City Manager L11
FROMs John F. McGrane, Executive Director of Finance
SUBJECT: NOMINATION FOR THE BOARD OF DIRECTORS OF THE DENTON
CENTRAL APPRAISAL DISTRICT
r
Five of the Board of Director's positions for the DCAD are up for
election. Each jurisdiction has the ability to nominate an
individual for election to the board. If the jurisdiction decides
to make a nomination, it should be submitted to the Denton Central
Appraisal District by October 15, 1993.
It is my understanding from Joe Rogers, at DCAD, that currently
there are three individuals that have been nominated) John Beck,
Gaylord Thornton and Horace Brock. Board members that have not
been nominated yet, but possibly will be, are Albert Hughes, Tracy
Quinton and Clarence Myers.
Once the names are received by the Appraisal District, each
jurisdiction can cast their votes for a nominee. The total number
of votes is 5,000 and each jurisdiction has a percentage based on
their 1992 tax levy. The City of Denton has 599 votes to cast. I
have attached a copy of the Denton Central Appraisal District's
letter outlining the process.
If you have any questions, or need additional information, please
advise.
irmcO:af
Attachments
Arroonc
8171566.8200 DIFW hfETRO 434.2629
Y.,
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DENTON CENTRAL APPRAISAL DISTRICT
% '
3911 MORSE STREET
P.O. BOX 2616
DENTON, TEXAS 76202-281E G ] d 19 13
Agenda k0~ 93
ageedalt~ W_- s.-~---
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TOi All Taxing Jurisdictions
FROMi Joe Rogers
I
SUBJECTS Appointing Board of Dirctors
DATE] September 10, 1993
It is time once again for the county, cities and towns, and school
districts to begin the process of selecting five individuals to serve
as Denton Central Appraisal District's Board Of Directors. The first
step in the process is for DCAD to advise each Jurisdiction of the
votes they have for appointing the Directors. The next step is for
the Jurisdictions to nominate candidates with no reference to votes
to be cast for the candidate(s). The third step is for DCAD to
compile the list of nominees for the Board. The fourth step is for
the JurisdictionR to cast their votes for the candidate(s) of their
choice and to provide that information to the Chief Appraiser. The
fifth and final step is for the Chief Appraiser to tabulate the votes
and determine which five candidates received the highest number of
votes. Once selected, the directors serve two-year terms beginning
January 1, 1994.
The following should provide some general information about the
procesa of electing an appraisal district's Board of directors. The
number of votes that your Jurisdiction has is given below.
City of Denton has 599 votes.
i
AGWaNo aSf
Agenda Item S,0_5 Letter-Board of Directors We_w S jJ
Autho6rit03atOfivethGueidelines s TTheCodleCtion Process is set forjt~Q
"election" governed by the Texas Election Coder but saniindependent j8 not an
procedure unique to the property tax system.
Eligibility - An appraisal district director must res+de in the
appraisal district for at least two years immediate)
date he or she takes office. Most residents are eligiblectoiserveeas
a director. An individual that is serving on the governing body of a
city, county, or school district is eligible to serve as an appraisal
district's director. The common-law doctrine of incompatibility
(holding offices that have conflicting demands on the holder) does the
not
Y be
on from boardrmembers may officials of taxinoffuris. dAll o five
An employee of a taxing unit served b the appraisal g jursdictions.
eligible to serve as a director. HoweveY f the em district is not
elected official, he or she i r, if the employee is an
is eligible
to serve.
A law, effective September 1, 1989 adds provisions to the Tax Code
which prohibit nepotism and conflict of interest for appraisal
district directors and chief appraisers. In summary, the law states
thatt
a person may not serve as director if closely related to
anyone in the appraisal district business or if related to
anyone who represents owners in the district, or if the
person has an interest in a business that contracts with
the district or a taxing unit, A chief appraiser may not
employ someone closely related to a member of the board of
directors.
Experience - In considering individuals to serve as directors,
taxing units should look for expertise in such areas as accounting,
finance, management, personnel administration, contracts, computers,
re-al estate, or taxation. Hiatorical involvement in local govern-
ment activities also indicates that someone should make an excellent
Board member.
Frequancy Of Meetings - A new law requires the board of directors
to meet not less often than once each calendar quarter. The DCAD
Board meets more often than is required by law,
Additional Jurisdictions Can Vote Under Certain Circumstances -
Conse'rvation and reclamation districts (municipal utility districts,
water district, etc.) can vote if certain procedures entitling the
jurisdictions to vote are put into place. The upcoming director
elections will
units, includingnotJunbeioarfcofectlled by this
procedure. Other taxing
hospital districts, and other
special districts may not vote for directors,
T
A9endaMo
Letter - Board of Directors Agendah S4
/D~
SELECTION pROCESS Clate - - i
Now let's look at the actual process of '
The ObJective "electing" to distribute 5 The process will 1 cull i-
,000 votes the taxing J c
Boar
Lions eligible to vote folsr breoacerdivmembers, the Board members.
-
an
Hate with five ind1vidu icient number of the
I
votes to become a board member, a suff
Step gl
i Tha number of votes allocated
of its ri to a Jurisdict
p or year tax ion is based
vcr.in units, levy to the total on the ratio
g This is the amount of prior year tax levies all
collected. taxes levied, not the r„T,jun t
By September 29, the chief appraiser must calculate the number of
votes for each voting unit. To determine the votes, I follow the
following Code mandated procedure.
I. T ihedamount by prior year property taxes imposed by each unit ided imposed b Y the total amount of prior year property taxes
y all voting Jurisdictions.
2. I then multiply the quotient in No.l by 1,000 and round to the
nearest whole number.
3. Then T multiply the whole number of No.2 by the number of seats
on the appraisal district board that will be filled. The
resulting number 1s the number of votes that each unit has,
A more simplistic formula looks like thisr
(YOUR LEVY/TOTAL LEVIES) X 5,000 - YOUR TOTAL VOTES
T am required to send a notice of the votes to the following
individuals,
1. For the county, to the county judge and each county
commissioner.
2. For a city or town, to the mayor and to the city manager, city
secretary, or city clerk (as applicable,
3• For a school district, to the school board president and
school superintendent.
Step 'A2
Each voting unit may nominate one candidate for each position to be
filled. Thus, the unit may nominate from one to five candidates,
The presiding officer of the unit submits the names of the nominees
by written resolution to the chief appraiser by October 15th. The
presiding officer should include the addresses of the nominees so
that the chief appraiser can notify the winners.
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t
AgendaNo. 93-D3e?
2~
Letter - Board of Directors Ageridal(er S
Date is
Remember, Step #2 is the nomination process. The uttlizsfinn nF
votes Is not relevant at this point.
please note, the chief appraiser
h~
dut ns Welt.
y, to lnvesti at her the Aut.horit
g e, or judge, the qualifications of t Y, nor the
Also, I do not have the authority to Accept nominees names after
Step #3
FP,EOre October 30th, the chief appraiser must
listing the nominees alphahetlcallY b prepare s ballot
I am re ui y each cand
q red to deliver a co idthe s last name.
Officer of the governing body ofoeachivotingounit.e presiding
Step #4
Each voting unit must cast Its vote by written resolution and
it to the chief appraiser by November 15th, The unit may cast all
number submit.
Its votes for one candidate or may distribute the votes among any
of candidates. Since it takes only 1,000 votes to elect a
candidate, there is little reason for a candidate to receive more
than 1,000 votes.
Some voting units may have enough votes to help select several
directors. Also, to share representation on the board, several units
may wish to vote for the same candidates
A voting unit must cast its votes for a person nominated and named on
the ballot. There is no provision for write-in candidates. I can
not count votes cast for someone not listed on the official ballot,
Step 05
By November 30th, I am required to count the votes and declare the
winning candidates, Should a tie occur, I am required to resolve it
through any method of chance, Methods of chance include flipping n
coin, drawing straws, drawing a black bean, drawing names From A h<it,
and so forth. I then must notify all taxing units (voting and
nonvotfng) and all the candidates (winners and losers) of the
outcome of the election pro(-Pss.
Hopefully, the Jurisdictions that we serve will find the Information
providPd Above helpful and informative, Please be aware that by
pravidtng your Jurisdiction with the number of votes, which is given
At the beginning of this letter, step $1 is complete. The Jurisdic-
tions now have until October 15th to send me the names of their
nominees for the DCAD Hoard,
SinrerPly,
.Tae RrSgrR` `
Chief. Appraiser
1.etter\hoarddlr,WPF
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9
ager'da MD _93-v
DENTON CENTRAL APPRAISAL DISTRIV AOeida+tem W ~
3911 MOpgE STAEE7 N)E /G S 99
P.O. BOX 2816
DENTON, TFXAS 76202-2816 /
B 17-566-0904 l0
NOMINEE FORM
Please return this nominee form to the Appraisal District office
bendfoiredatOctobeo
ca
trthe25,D1993. Your jurisdiction may nominate one or more
es enton central Appraisal District Board of
Directors nominee list,
Please include the address and phone number of your nominees,
NAME OF JURISDICTION
NAME OF NOMINEE(e)e
NAME
NAME
ADDRESS_
ADDRESS
CITY,__ _ ZIP
ZIP
PHONE NUMBER- - PHONE NUMBER
NAME
NAME
ADDRESS
ADDRESS__
CITY ZIP
CITY ZIP,1_
PHONE NUMBER
PHONE NUMBER
NAME
NAME
ADDRESS
ADDRESS
CITY
ZIP„"CITY ZIP`
PHONE NUMBER
PHONE NUMBER
FormslBdnomine.wpf
s
Agenda No. Q -03d
budget/ss/board p0endal/M .S 3
DENTON CENTRAL APPRA We
.S -i-
1993 BUDGET ALLOCATIONS WORK
SHEET"
1992 PERCENT NUMBER
ORIGINAL OF
JURISDICTIONS TAX LEVY
-----VOTES VOTES SCHOOL DISTRICTSi
ARGYLE fSD 51,027,272.93
AUBREY ISO 303,771.27 0.8976 45
DENTON ISO 13,980,820.55 0.2651 13
KRUM ISO 312,126.74 12.2026 610
LAKE DALLAS ISO 0.2726 74
LEWISVILLE ISO 1,696,694.59 1.4816 79
LITTLE ELM ISO 22,194',210.o6 19,37%
501,112.38 968
NORTHWEST ISO 3,826 0.9376 22
PI ,221.19
LOT POINT ISO 566,817,06 3.3396 167
PONDER ISO 216,565.10 0.4956 25
SANGER ISO 683,047.25 00.5961 0
9
SCHOOL DISTS TOTALS 545,306,659.07
39.5421
_-----1,977
Si ! i f!!!ii!!i!!i f s !iIli
DENTON COUNTYr
DENTON COUNTY TOTALS $29,411,443.82
25.6696 1,283
Agenda No
s ~3
A g a i d a I I e
CITIESi X18 ~O
CITY OF ARGYLE 5229,001.20 0.200% 10
CITY OF AUBREY 92,561.54 0.081% 4
TOWN OF BARTONVILLE 80,270.25 0.070% 4
CITY OF THE COLONY 4,281,759.60 3.737% 187
TOWN OF CORINTH 756,243.51 0.660% 33
TOWN OF COPPER CANYON 63,028.06 01055% 3
CITY OF DENTON 13,718,015.29 11.972% 599
TOWN OF DOUBLE OAK 158,554.04 0.138% 7
CITY OF FLOWER MOUND 4,184,459.02 3.652% 183
TOWN OF HACKBERRY 11,562.41 0.010% 1
TOWN OF HICKORY CREEK 261,596.67 0.228% 11
CITY OF HIGHLAND VLG 2,337,639.56 2.040% 102
CITY OF JUSTIN 111,882.85 0.098% 5
CITY OF KRUGERVILLE 30,563.87 0.027% 1
CITY OF KRUM 78,936.40 0.069% 3
CITY OF LAKE DALLAS 454,931.26 0.397% 20
CITY OF LAKEWOOD VIL 21,850.74 0.019% 1
CITY OF LEWISVILLE 10,868,193.85 9.485% 474
CITY OF LITTLE ELM 135,056.39 0.118% 6
CITY OF MARSHALL CAK 6,719.57 0.006% 1
CITY OF NORTHLAKE 52,038.54 0.045% 2
CITY OF OAK POINT 72,.11.35 0.063% 3
CITY OF PILOT POINT 431,026.04 0.376% 19
CITY OF PONDER 16,188.53 0.014% 1
CITY OF ROANOKE 3520737.93 0.308% 15
CITY OF SANGER 325,914.96 0.284% 14
CITY OF TROPHY CLUB 728,555.05 0.636% 32
TOTAL FOR CITIES $398861,798.48 34.790% 1,739
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FINAL TOTALS $114,579,901.37 100.000% 5,000
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CJTYoI DENWN, TEXAS MUNICIPAL BUILDING/ DENTON, TEXAS 78201 /TELEPHONE (817) 586-8307
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: Revision to Chapter 14 of the Code of Ordinances
Regarding Smoking
DATE: September 30, 1993
BACKGROUND:
At the July 6, 1993 regular meeting, the Council received a
Citizens Report regarding a violation of the smoking ordinance.
The violation concerned a report of smoking being allowed in a food
service area of a local grocery. Staff investigated this matter
and determined that a violation had occurred. Following corrective
action by the grocer, staff discovered that the smoking ordinance
was in error and in need of revision. Consequently, the attached
ordinance reflects those revisions.
SUMMARY:
The following revisions have been made to
Chapter 14 of the Code
of Ordinances regarding smoking.
1. A correction of the definition of "Director" in Section
14-86;
2. A correction of the Code reference in the definition of
"Food Establishment" in Section 14-86;
3. A correction of references in subsections (a) (4) and (a)
(6) in Sections 14-87(d) and 14-87(e); and
4. A correction of the reference to 14-87(a)(3) in Section
14-88.
The definition of "Director" should have been changed when City
departments were reorganized. The definition of "Food
Establishment" was incorrect due to the adoption of a new food
9
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Aaendalterct w_ _ s_
ordinance. The other corrections are errors which occurred vfthey
recodification process.
A copy of the current smoking ordinance is attached for council
review. Should you have any other suggestions or amendments staff
will incorporate these into the revised ordinance. Upon Council
direction, the staff will proceed with scheduling the revised
smoking ordinance for approval.
RESPECTFULLY SUBMITTED,
4d6
1 yd V. Harrell
City Manager
Prepared by;
Jose Portugal
Assistant to the City Manager
i
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f:\WPNxS\ORD\SWxE.D
Agenda No
Agenda
lle
Date io
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING PROVISIONS OF
CHAPTER 14 ARTICLE IV. ("SMOKING") OF THE CODE OF ORDINANCES TO
DESIGNATE THE MANAGER OF THE ENVIRONMENTAL HEALTH SERVICES DEPART-
MENT TO ENFORCE AND ADMINISTER PROVISIONS OF THIS ARTICLE; PRO-
VIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR REPEAL OF ANY
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING FOR AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the following definitions contained Sec. 14-86
of the code of ordinances are hereby amended to read as follows:
Director means the manager of the environmental he.-Alta
services division of the Department of Municipal Services
of the City.
Food establishment means any operation defined as such
in section 13-1 of this Code.
All other provisions of this section are unchanged.
SECTION II. That Sec. 14-87(d) of the Code of ordinances is
hereby amended to read as follows:
(d) The owner or person in control of an establishment or
area described in subsections (a) (4) or (a) (6) of this sec-
tion may designate an area, including but not limited to a
lobby, meeting room or waiting room, as a smoking area;
provided, that the designated smoking area may not include:
(1) The entire establishment;
(2) Cashier areas or over-the-counter sales areas;
or
(3) The viewing area of any theater or movie
house.
SECTION III. That Sec. 14-87(e) of the Code of Ordinances is
hereby amended to read as follows;
(e) It is a defense to prosecution under this section if
the person was smoking in a location that was:
x
i
a
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AgertdaNo ~3 -D,3~
Agvdalte
Date
(1) A designated smoking area of a facility or
establishment described in subsections (a)(4) or
(a) (6) of this section which is posted as a
smoking area with appropriate signs;
(2) An administrative area or office of an
establishment described in subsection (a)(4) or
(a)(6) of this section;
(3) A retail establishment serving the general
public with less than five hundred (500) square
feet of a public showroom or service space or
having only one (1) employee on duty unless posted
as a designated non-smoking area in accordance
with subsection (a)(5) of this section; or
(4) A retail establishment which is primarily
engaged in the sale of tobacco, tobacco products
or smoking implements. ,
SECTION Tv, That Sec. 14-88 of the Code of ordinances is
hereby amended to read as follows:
Sao. 14-88. Written policy required.
The owner or person in control of any facility or area
designated as a no smoking area in section 14-87 (a) (3) of
this article shall:
(1) Have and implement a written policy on
smoking which conforms to this article; and
(2) Make the policy available Zor inspection by
the director.
E LON_y. If any section, subsection, paragraph, sentence,
clause, phrase or word in this ordinance, or application thereof to
any person or circumstance is held invalid b~ any court of compe-
tent jurisdiction, such holding shall not affect the validity of
the remaining portions of this ordinance, and the City Council of
the City of Denton, Texas hereby declares it would have enacted
such remaining portion despite any such invalidity.
SECTION VI, That all ordinances or parts of ordinances in
force when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions con-
tained in this ordinance are hereby repealed to the extent of any
such conflict.
I PAGE 2
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uoenQaNo
Agentlallem,,,~~^+~_^
SECTIQN VIi. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within then (30) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORMS
D RA A. DRAYOVITCH, CITY ATTORNEY
By l PAGE 3
Agenda No
HEALTH AND HUMAN SERVIC' A88nQ81te'l
Date
ARTICLE IV. SMOKING' 9
Sec. 14.86. Definitions.
The following words, terms and phrases, when used in this article, shall have the mean-
ings ascribed to them in this section, except where the context clearly indicates a different
meaning;
Administrative area means the area of an establishment not generally accessible to the
public, includingbut not limited to individual offices, stockrooms,empl~yee lounges or meeting
rooms.
Director means the director of the city health department designated to enforce and
administer this article.
Food establishment means any operation defined as such in section 13.26 of this Code.
Hospital means any institution that pr,.vides medical, surgical and overnight facilities for
patients.
Public service area means any area, other than an administrative area, to which the
gent. .al public routinely has access for municipal services and which is designated a public
service area in a written policy prepared in compliance with this article,
Retail establishment means any establishment which primarily sells goods to the general
public.
Code 1966, $ 13.50)
Sec. 14.87. Smoking prohibited in certain public areas.
(a i It is unlawful for any person to smoke or possess a burning tobacco, weed or other plant
product in any of the following indoor or enclosed areas:
( 1) An elevator used by the public;
2) A hospital or nursing home corridor providing direct access to patients' rooms;
131 Any conference room, meeting room or public service area of any facility owned,
operated or managed by the city, but this does not Include the Civic Center, the Visual
Arts Center nor the Center for Performing Arta;
41 Any retail establishment serving the general public, Including but not limited to any
department store, grocery store or drugstore; or
5~ An area marked with a no smoking sign In accordance with subsection (b) of this
section by the owner or person in control of a hospital, nursing home or retail estab-
lishment serving the general public; or
'Cross references-Fire prevention generally, Ch. 11; food establishments generally, 4
1326 et seq.
State law reference-Smoking in certain public places, V,T.C.A., Penal Code 11 48.01,
981
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3 1487 DENTON CODE a9endalle
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61 Any facility of a public primary or secondary school or an enclosed theate movie
house, library or museum.
~b) The owner or person in control of an establishment in which smoking is prohibited by
subsection !a) of this section shall post a conspicuous sign at the main entrance to the estab•
lishment. The owner or person in control of an establishment in which smoking is prohibited
in a specified area shall post a conspicuous sign at the entrance to the area. The sign shall
contain the words "No Smoking, City of Denton Ordinance," the universal symbol for no
smoking or other language that clearly prohibits smoking.
(c) Every hospital shall;
11) Allow all patients, prior to elective admission, to choose to be in a no smoking patient
room; and
(2i Require that employees or visitors obtain express approval from all patients in a
patient room prior to smoking.
~d1 The owner or person in control of an establishment or area described in subsection
)a)(31 of this section may designate an area, including but not limited to a lobby, meeting room
or waiting room, as a smoking area; provided, that the designated smoking area may not
include:
11) The entire establishment;
21 Cashier areas or over•thecounter sales areas; or
(3) The viewing area of any theater or movie house.
[e) It is a defense to prosecution under this section if the person was smoking in a location
that was:
(1) A designated smoking area or a facility or establishment described in subsection (a)(3)
of this section which is posted as a smoking area with appropriate signs;
+2) An admi datrative area or office of an establishment described in subsection (a)(3) of
this section;
1.31 A retail establishment serving the general public with less than five hundred (600)
square feet ore public showroom or service space or having only one (1) employee on
duty, unless posted as a designated nonsmoking area it accordance with subsection
(a)(4) of this section; or
141 A retail establishment which is primarily engaged in the sale of tobacco, tobacco
products or smoking implements.
10 The owner or person in control of an establishment exempted from designating non-
smoking areas by subsection (e) of this section who chooses not to designate any such areas
shall post a conspicuous sign near the main entrance to the establishment with the words
982
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Awdaltem
HEALTH AND HUMAN SERVK ~t9 S Q3
"Smoking Permitted Throughout" or "Nonsmoking Areas Not Available" or similar language
to indicate that no nonsmoking areas are provided.
(Code 1966,013-511
See, 14.88. Written policy required,
The owner or person In control of any facility or area designated as a no smoking area in
section 14.87(a)(2) or (3) of this article shall:
ill Have and implement a written policy on smoking which conforms to this article; and
21 Make the policy available for inspection by the director.
(Code 1966, § 13.52)
Sec. 14.89. Food establishments.
(a1 A food establishment whici, has indoor or enclosed dining arcu shall provide separate
indoor or enclosed dining areas for smoking and nonsmoking patrons.
~b) A nonsmoking area shall:
(1) Be separated, where feasible, from smoking areas by a minimum of four (4) feet of
contiguous floor space;
(2) Be ventilated, where feasible, and situated so that air from the smoking area is not
drawn into or across the nonsmoking area;
(3) Be clearly designated by appropriate signs visible to patrons within the dining area
indicating that the area is designated nonsmoking; and
(4) Have ash trays or other suitable containers for extinguishing smoking materials at
the perimeter of the nonsmoking area
(c) Each food establishment which has a dining area shall:
(1) Have and implement a written policy on smoking which conforms to this article;
12) Make the policy available for inspection by the director; and
(31 Have signs at the establishment's entrance indicating that nonsmoking seating is
available.
~d) Nondining areas of any food establishment affected by this section to which patrons
have general access, including but not limiteJ to food order areas, food service areas, restrooms
and cashier areas, shall be designated as nonsmoking areas.
lei It is a defense to prosecution under this section that the food establishment Is:
(tl An establishment which has indoor seating arrangements for less than fifty (60)
patrons;
+21 An establishment In which more than seventy (70) percent of its annual gross sales is
from the sale of alcoholic beverages; or
9t.3
Agenda No
§ 14-89 Agenealle
L~t9/O ~ `
DEN7'ON CODE cE
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(3) A physically separated bar area of a food establishment otherwise regulated, q !/l
I 6 The owner or person in control of an establishment exempted from designating non.
smoking areas by subsection (e) of this section who chooses not to designate any such areas
shall post a conspicuous sign near the main entrance to the establishment with the words
"Smoking Permitted Throughout" or "Nonsmoking Areas Net Available" orsimiiar language
to indicate that no nonsmoking areas are provided.
(g) It shall be unlawful for any person to smoke or possess a burning tobacco, weed or I
other plant product in an area of a food establishment designated as nonsmoking.
(Code 1966, 9$ 13.53, 13.54)
Sec. 14.90, Penalties.
It shall be unlawful for any person to violate any provision of this article, and upon
conviction such person shall be punished as provided in section 1.12 of this Code.
(Code 1966, 4 13.55)
Seca. 14.91-14.110. Reserved.
I
ARTICLE V. PUBLIC AND SEMIPUBLIC SWn M G POOLS'
Sec. 14.111, Definitions.
The definitions of the words and terms in section 28298 of this Code sball be applicable
when these words and terms are used in this article, unless the context should clearly indicate
a different meaning,
See, 14.112. Health officer Inspe:tions.
The health officer is autho-gyred to conduct anch inspections as he deems necessary to
ensure compliance with all pre visions of this article and shall have the right of entry at any
reasonable hour to the public or semipublic swimming pool for this purpose,
(Code 1966, 4 5.178)
Sec. 14.113. Permits to operate.
(a) No person shall operate or maintain a public or semipublic swimming pool unless he
has obtained a permit to operate such pool from the health officer, Such permits shall be valid
for one (1) year, unless revcked for a violation of this article. Such permits are not transferable
and shall be publicly displayed,
'Cross reference-Swimming pool code, 128-296 et seq.
984
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CITY OF DENTON CI'If COUNCIL HINUTES ~
SEPTEMBER 7, 1993
The Council convened into a Special Call SesGion at 5:15 p.m. in
the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENTr None
1. Tt• Council held a public hearing and considered a proposed
ordina annexing and zoning a tract of 23.25 acres located north
of and u,~utting Ryan Road on Forrestridge !)rive. (The Planning and
Zoning Commission recommended approval, 7-0).
The Mayor opened the public hearing.
No one spoke in favor.
No one spoke in opposition.
The Mayor closed the public hearing.
Consensus of the council was to proceed with an ordinance for
consideration.
2. The Council held a discussion and gave staff direction
regarding the 1993-94 fiscal year budget.
Lloyd Harrell, City Manager, stated that he would present the
various issues identified by Council for a tentative ^lecision on as
many issues as possible. The remaining budget issues needed to be
dealt with before next Tuesday evening. The beginning budget
balancing was as followed:
1. Civic Center - the expenditure column had been budgeted twice
for the Civic Center so a double expenditure figure could be
removed for a positive $16,000.
2. Judge/personal service category - the Council had allocated
funds for a part-time judge to help with a juvenile court which was
not included in tha base line budget resulting in a decrease of
$12,500.
3. Collection funds - these were the collection funds which the
tax attorney agreed to pay the City for the delinquent tax program.
As attorneys were changed, the revenue would come in but also go
back out for new equipment for the tax office.
4. Ambulance funding for small cities - $13,500 would be added
due to the increase in fees.
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city of Denton City Council Minutes ApdaNO -ILA
September 7, 1993 Apenda+ie
Page 2 Date- A7 -2 J
5. Planning support service - the proposed budget transferred a
position from the Planning Department to the Solid Waste
Department. The salaries had been transferred but not the support
costs which needed to be transferred from the Planning Department
to the Solid Waste Department. This would remove $3,673 to the
fund balance.
6. County library funding - the funding from the County was
reduced $2400 which was reflected in the decrease.
With all of the above adjustments, the budget process would begin
with a positive $17,773.
Major Budget issues
1. General fund reserve level - Prior policy of the Council was to
keep 8-10% of the general fund in an unreserved account for
unexpected expenditures which might occur. The proposed budget
took the balance to a projected 10.13%. This would utilize
$527,432 of the iescjrve to help balance the budget. Options
included allowing t;i(, balance i:,) stay at its current level and find
an additional $527,000 in new revenues or additional cuts, use
$527,432 of the balance as a resource to help fund the 1993-94
budget or reduce the fund balance below the 10.13% level and
utilize the additional funds to offset other revenues or fund
additional expenditures.
I
Consensus of the Council was to def:r this item until later in the
meeting.
2. Revenues
A. Property tax - The proposed budget was submitted on an
effective tax rate of $.7490 per $100 valuation. The current rate
was $.7180 per $100 valuation. options included keeping the
current rate which would require an additional $256,355 for the
general fund, keeping the effective rate or increase the actual
rate over the effective rate and every one cent would add $183,111
for use to balance the budget.
Council Member Cott stated that if the Council wanted to reduce
spending, it needed to reduce the rate as assets went down. He
felt it would be easier to sell the citizens on the increased sales
tax if the property taxes were reduced. He suggested keeping the
rate at the $.7180 level.
Council Member Miller stated that a governmental entity was
different from a private business. The tax base vas going down but
I
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City of Denton City Council Minutes Agenda: t9m 9~v2 -
September 70 1993
Page 3 Date /O ~f 0
P 67
the demand for Services was not. He felt that it was necessary to
bring in the same amount of money to provide the services which the
citizens expected.
Mayor Pro Tem Smith suggested deferring a decision on this item
until the Council was further into the process.
Consensus of the Council was to defer the item until later in the
meeting.
B. Sales Tax - The proposed budget included a 31 growth in
receipts over the estimate for this current year. Every 1% from
that 3% level would net $620000 of revenue.
Consensus of Council was to defer the item until later in the
meeting.
C. Ambulance fees - Council had already passed and adopted
an ordinance increasing the ambulance fees.
D. Park and Recreation fees - With the completion of the
North Lakes facilities this year, a major issue of concern was the
lighting and field maintenance costs. The two costs would be
$17,000 per year
budget fields suggested dividing t the maintain
The t proposed the new
the f iel costs
between the property tax payers who would pay the $62,000 to
maintain the fields and the users of the facilities who would pay
the $17,000 to light the fields. A $3.50 fee per participant per
activity would be charged through the various athletic programs.
Options included not charging a fee which would require an
additional $17,000 of revenue increases or expenditure reductions,
splitting participants, the additional
charging la fcosts ee for both the additional maintenance
and lighting expenses.
Council Member Chew stated that he would like to see the $17,000
put back in the budget and not charge the participants.
Council Member Perry felt that the fee might be too high for some
families, especially if more than one child participated in a
sport. If there were no arrangements for children who might not be
able to pay the charge, he would like to see the money left in the
budget to pay for that item.
Council Member Brock stated that the athletic leagues had fund
raisers all the time. There were individuals who could not pay all
feest.e The eenses and the xtra fee might ebeuexcluding young people who might want
Agenda No -43 •03g'
City of Denton City Council Minutes Agenda leme's /
Y
September 7, 1993
[ate
Page 4
~o7
to play. If some of the children played in more than one sport,
the families would be paying the amount more than once.
Council Member Miller asked if the existing lighted fields were now
paid for by the users.
City Manager Harrell replied no but that the money received would
spread to those fields also.
Council Member Miller felt that taxes should support these
facilities and be part of the parks program. There were enough
fees now that the participants had to pay. He supported the idea
to keep dollars in the general fund for this item.
Council Member Cott stated that uniform costs were great but he did
not support the cost coming out of the general fund. He supported
a different fee which was a one time fee for the entire season. He
suggested a one time fee of $5 per year per person.
Consensus of the Council was to include the $17,000 in the general
fund and not have it as a park fee.
3. Pay Plan adjustments
A. salary adjustments - The proposed budget indicated a two
part adjustment to the salary structure. A market adjustment plus
a pay for performance element which would provide for an average
increase for an employee based on performance of 4.64%. This would
not fully implement the Mercer plan but was a good step. There was
also a proposed 41 increase for police and civil service effective
January 1, 1994 with the other increases being effective between
;anuary and April depending on the pay plan for the employee.
Options included full funding of the compensation program which
would require an additional $364,000 for an average increase of
6.44%, delaying the compensation program and providing no increases
with a savings of $603,000 or implementing the range adjustment and
performance based pay increase.
Council Member Miller stated that he supported the recommendation
of a 4.64% increase for the employees. He also supported the idea
of a 4% increase for the fire and police employees who were still
on step increases but prcposed for the fire and police employees
who were at the top of the range a 4.6% increase which was closer
to the average increase of 4.64% which the other employees would be
receiving. In the fire ranks there were 91 employees, 13 who would
receive step increase and 78 at top. In the police ranks there
were 111 individuals, 30 who would receive step increases and 81
who were at the top of the range. He know it was difficult to
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City of Denton City Council Minutes DatE ~d S
September 7, 1993
Page 5
compare civil service with the other employees as they were in a
different pay plan but he did not feel that should be used to
confuse the two issues. On the Mercer Plan the market rate was the
mid-point for salaries but the market rate for civil service was
the top of the range which was not a fair comparison. The proposed
increase for top of the range civil service would be $22,136 and
coupled with that was the incentive pay plan for $76,000. Ha
proposed not proceeding with the incentive pay plan for this year
and fund the increase for civil service from those dollars. Until
the basic paf issues were taken care of, something different should
not be strrted.
Council Member Chew agreed with Council Member Miller regarding the
4.6% increase for top of the range civil service but suggested
deferring a decision on the incentive plus program as such a
program might be needed.
Council Member Brock expressed a concern regarding a raise of this
overall size. There had been raises in the past and she was not
sure that one needed to be as much as was proposed. She noted
that the City of Dallas had not had any increases for several years
and just this year was proposing a modest increase. She suggested
postponing action on the incentive pay plan.
Mayor Castleberry asked Council Member Miller if he were proposing
no merit increases in the Mercer plan.
Council Member Miller stated that he was suggesting an increase as
proposed in the budget of 4.64% with Mercer but also a 4% increase
for step civil service and a 4.6% increase for top of the range
civil service.
City Manager Harrell stated that the City of Denton did not have
any step increases and all increases were based on merit
performance. The City of Dallas still had a step program and for
several years did not have any cost of living increases but still
had step increases.
Council Member Cott stated that two years ago employees were told
that the City was going to correct the pay program which raised
expectations at that point. The City had not gone a great deal
along tha lines of what the program was supposed to be. He felt
that the Council needed to implement the staff's recommendation.
Mayor Pro Tem Smith stated that this year the City had less by far
than in prior yearn. An adjustment was needed in what went out and
what was coming in.
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City of Denton City Council Minutes We
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September 7, 1993
Page 6 (p 7
Chew motioned, Miller seconded to adopt the raises as proposed plus
a 4.64 increase for top of the range civil service employees. On
roll vote, Brock "nay", Cott "aye", Miller tlaye", Smith "nay", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
with a 5-2 vote,
B. Incentive plus - Consensus of the Council was to defer
this item until later in the meeting.
4. Benefits adjustments
A. Health insurance - The proposed budget projected a 204
increase in health insurance premiums. Recent negotiations
indicated a proposed increase coupled with shared risk arrangements
of 8.724 which would give a savings of $94,000 to the general fund.
If the Council wanted to be conservative and keep 144 in the budget
for negotiations, there would be $50,000 to apply towards budget
balancing. Either of those two estimates had to be tentative and
were a best estimate of what was going to happen. Until bids were
in or the negotiations finalized, the exact figures would not be
known.
Council Member Perry did not want to take money away from the
program as health benefits were very important and suggested
putting the $94,000 back into the health program.
City Manager Harrell stated that tre actual benefit package would
not be adjusted. It had been thought that payment for the package
would go up 204 but a more realistic figure was that it would go up
8.7-144. Coverage for the employees was not being reduced.
Mayor Pro Tem Smith felt that it would not be wise to count on the
entire $94,000 to help balance the budget.
City Manager Harrell stated that this issue was currently on two
tracks. One track was to continae negotiations with the doctors
and hospitals. If the details were worked out and all involved were
willing to go with the shared risk errangement, the increase would
be 8.724. At the same tine, the City ;could be submitting a bid for
coverage. The bids might be better than the proposed current
increase. On the other hand, the bids might be higher and the
shared risk arrangement not completed. If the bids were higher
than the 14% decided on by Council, chanyos to the benefits would
have to be male or the fund balance used to make up difference.
Council Member Brock asked if the issue of having a gate keeper
system would be in the bids.
µ
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Agenda
City of Denton City Council Minutes Dale „1~ L6
September 7, 1993 I6 ,
Page 7
City Manager Harrell replied yes.
Consensus of the Council was to hold 141 for possible usage for the
insurance rates and use $50,000 to help balance the budget.
B. T.M.R.S. Adjustment - This proposal was for a two part
adjustment to the program. The first option was a benefit increase
to go from a 51, 2-1 match to a 61, 2-1 match with the employee
picking up an additional 11 cost of the program. Th,a cost for that
option would be $1140335. The second option was an enhancement to
the retirement eligibility requirements and for an employee to buy
back prior military and public service credits. The second option
would cost $34,620 with the total package costing $148,955.
Funding only the contribution increase would give $34,620 to the
general fund and funding only the enhancement program would give
$114,335.
council Member Miller recocrmended supporting the staff
recommendation fur both options.
Mayor Pro Tem smith asked for an explanation of the military credit
and prior service buy back provisions.
Tom Klinck, Director of Human Resources, stated that the military
credit and prior service buy back provisions would have no cost to
the City.
Consensus of the Council was to follow the staff recommendation for
both options.
C. Tuition reimbursement - Currently the reimbursement was
at an 801 level and the recommendation was to go to a 501 level for
the next fiscal year. To restore the level to the 801 would cost
$7,197.
Mayor Castleberry asked for the percentage of employees who stayed
with the city who took advantage of the program.
Klinck replied that of the 100 participants over the last 2 years,
only 2 or 3 had to pay back the money used as they had left before
the 2 year time frame.
Council Member Brock asked for the number of people using the
program at any given time.
Klinck replied that during the two regular semesters there were
approximately 33-35 individuals. Ten or so employees used the
program in the summer sessions.
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Council Member Miller supported increasing the rate to the Sot
level. There were restrictions for the program in place and to
reduce the rate to 501 was not adequate.
Council Members Brock and Chew agreed.
Consensus of the Council was to keep the reimbursement rate at the
So% level,
5. Positions - The positions suggested in the proposed budget
fell into three categories: new programs, workload demand
increases= or restructuring. The restructuring positions were due
to a reorganization of departments and had no net cost to
implement. The second category of new programs were those
positions needed due to new programs being added. To not fund the
new positions would be cause to not do the programs. The third
category involved delayed implementation of needed positions and
were program enhancements. A final position suggested a new
recreation specialist position at the MLK Recreation Center which
would cost $30,144 which was not included in the proposed budget.
Mayor Castleberry asked if there might be a restructuring of a
bilingual individual from a current employee without adding an
individual.
City Manager Harrell stated that there was an individual at the
director level. There was no one at this level to transfer into
that position. Tka job level of the individual would depend on
what that person would be doing. If the individual would only be
supplementing staff at the center, the position could be a building
attendant position. If the individual were to do recreation
activities, a recreation specialist would be required. Both needs
could be met with a recreation specialist.
Mayor Castleberry asked what was done at Denia.
City Manager Harrell replied that the director was bilingual at
Denia.
Council Member Perry felt that the volume of users at the MLK
Center called for a specialist for the Center.
Consensus of the Council was include the recreation specialist
position in the budget.
Council con3idered the other proposed positions:
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A. Warrant Clerk - Harrell stated that this position would be at
no cost to the City. The Finance Department would be eliminating
funds in its temporary and overtime budgets to accommodate the
position. Currently the position was handled on a temporary basis
which was not cost effective with much retraining of duties
required each time a new individual was hired.
Consensus of the Council was to include the position in the budget.
B. Library Clerk II and Library Page - Harrell stated that these
positions were proposed by the Library Director in conjunction with
her reorganization. The Librarian III position would be eliminated
and two Library Clerks II and a Library Page would be added. The
three positions would be a less not cost to the City than the
Librarian III position. This reorganization would provide better
service to the patrons of the Library. There was no additional
cost for these positions and actually would be a savings.
Council Member Cott suggested using one position to report to the
Director which would allow the Director to oversee the new branch
and the computer equipment.
Mayor Pro Tem Smith felt that the arrangement was the proposal of
the Director and she should proceed with that.
Consensus of the Council was to include the positions in the
budget.
C. Receptionist - This position would be in Customer Service and
would be at no net cost to the budget. There would be a reduction
in the temporary/seasonal category to fund this position.
Consensus of the Council was to include this position in the
budget.
D. Publim. Information officer - The proposal was to fill this
position 6~Lth an individual currently in the Utility Department.
The position would work half in the Utility Department and half in
the general fend. General governmer~ work would be now releases,
stories, etc. for the media.
Consensus of the Council was to include the position in the budget.
B. Building Maintenance Technician II and Administrative
Assistant I - These positions were related to moving into the
Denton Municipal Complex. The Technician II would begin when the
move was made to the Complex and was only a half year funding. The
additional square footage which would be asscciated with the new
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Complex required adequate staff for maintenance. The
Administrative I position would assist the Superintendent of
Facilities Management in organizing and monitoring on-going
projects which were essential to move into Denton Municipal
Complex.
Council Member Cott questioned bidding the building maintenance to
a private firm.
City Manager Harrell replied that all contract cleaning was with a
private contractor. This would provide maintenance to the building
during the day. If the Council was not in favor of funding the
positions, then the City should not move into the Denton Municipal
complex because problems would be created if the move were made and
adequate staffing were not in place.
Consensus of the Council was to include the two positions in the
budget.
F. Light Equipment Operator and Seasonal Groundskeeper - This was
staff required to do maintenance on the new North Lakes fields.
Consensus of the Council was to include the position in the budget.
G. Civilian Jailer - The cost for this position would be $24,060.
Currently there were two jailers overseeing the jail. A long term
goal was to have a jailer on duty 24 hours a day 7 days a week.
With this position there would still be times when there would be
no supervision of the jail.
Consensus of the Council was to include the position in the budget.
H. Building Maintenance Technician II - The maintenance
department was operating with light staff compared to the amount of
work needed and the number of buildings to cover. This would help
increase the current staff to maintain the current buildings. The
position would be filled on April 1, 1994 and next year would be a
full time position.
Consensus of the Council was to include the position in the budget.
I. Secretary - CMO - this position would be made a full-time
position from a three-quarters time position. The cost would be
$5,545 including an upgrade in a computer area.
Consensus of the Council was to include the position in the budget.
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6. Other Agency Contributions - The proposed budget increased the
funding level for the Human Services Agencies by 2.5% which was
consistent with other departments.
Council Member Chew suggested funding as per the Human Services
Committee recommendation which would require an additional $30,995.
council Member Miller supported that recommendation. These were
leverage dollars which might help provide funding from other
agencies.
Council Member Cott stated that the Council needed to stup spending
and that these agencies did well with what they had.
Council Member Perry stated that he supported Council Member Chew's
position. Money was coming into the system for these purposes and
the City needed maximize that as much as possible.
Mayor Castleberry stated that these were not the only agencies in
the City and that there were other agencies providing help to the
citizens. He favored a 2.5% increase but not one as large as
proposed by the Committee.
Mayor Pro Tem Smith agreed with the Mayor.
Council Member Brock stated that the people who spoke at the budget
public hearing were individuals who gave hours of work to these
agencies. There was no dollar amount on the value of the work done
by these agencies.
City Manager Harrell stated that $114,444 represented what was
given to the agencies this year. $117,335 represented a 2.5%
increase which was included in the proposed budget. The amount
recommended by the Human Services Committee was $148,300 which
would require $30,995 t) include in this budget.
Council Member Perry asked about Block Grant funds.
City Manager Harrell stated that the Dlock Grant money was $750000
last year and this year would be $100,000 which was above the
amount proposed for human services.
Chew motioned, Perry seconded to fund the Human Service agencies at
the requested level by the Human Services Committee which would
require $30,995 extra in the budget. On roll vote, Brock "aye",
Cott "nay", Miller "aye", Smith "nay", Chew "aye", Perry "aye", and
Mayor Castleberry "nay". Motion carried with a 4-3 vote.
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7. Transportation - SPAN/Handihop - The recommendation was for
a 2.5% increase which was proposed in the budget. If the funding
were kept at the current level there would be $1,387 to reallocate.
If the Council granted a 2.50 increase, the funding was included in
budget.
Council Member Chew left the meeting with a potential conflict of
interest.
Smith motioned, Perry seconded to budget a 2.5% increase. On roll
vote Brock "aye", Cott "aye", "
Miller aye , Smith Perry
u "aye",
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Chew returned to the meeting.
8. Tax Exemption for persons over 65 - The recommendation was to
increase the exemption by $1,000 to $21,000. Options were to leave
the exemption at its current amount which would provide $18,302 for
the fund balance, increase the exemption to the $25,000 level
immediately which would necessitate finding $73,208 for the budget
or raise the exemption $1,000 to the $210000 level.
Council Member Cott stated that he had received comments from
individuals with children who resent this favoritism to the
elderly.
Council Member Brock stated that she would oppose raising the
amount at this time as it should be based on a need. At one point
it was assumed that older individuals needed such assistance. She
felt that it was hard to ask young families to take up the slack
when deductions were given just for being elderly.
Council Member Miller stated that if Council decided to not grant
the exemption, then it needed to look at the whole program. The
original amount was $16,000 and a prior Council decided to raise it
to $25,000. Did Council want to do away with the whole exemption.
Council Member Brock stated this was a different council from one
which started the program and felt that the exemption should not go
up this year.
Mayor Castleberry stated that many of the individuals who would
benefit from this exemption needed such due to their limited
incomes. There were many individuals who were only living on
Social Security who owned a home and needed the exemption.
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Council Members Perry and Chew agreed with the Mayor to increase
the exemption.
Council Member Brock asked if $1,000 was added last year.
City Manager Harrell stated that there were four years when $1,000
was added but that it was not added last year.
Mayor Pro Tem Smith stated that she was in favor of keeping the
exemption at its current level. There was nothing magical about
$25,000 and the current level was favorable.
Perry motioned, Chew seconded to incruase the exemption by $1,000
to $21,000. On roll vote, Brock "nay", Cott "nay", Miller "aye",
Smith "nay", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried with a 4-3 vote,
9. Fire Reserve Fund - Several years ago, a fire reserve fund was
established to help phase in the fiscal impact of opening a new
fire station. Within the 1992-92 budget, a plan was developed to
use the reserve funds. The proposed budget used $137,000 of the
reserve to offset 1993-94 expenditures.
Consensus of the Council was to proceed with staff recommendation.
10. Street Improvements - The proposed budget included a plan to
charge a three percent user fee to the Saoitation Fund as a street
rental charge and allocate it to street maintenance. This would
allow the City to do approximately 37 additional blocks this year
over the programmed amount.
Mayor Castleberry stated that the 33 would come from solid waste
and not from increased fees.
City Manager Harrell replied that it would be related.
Consensus of the Council was to proceed with the staff
recommendation.
11. Legal Assistance - There were two major packages included
within this category. one was funding $28,000 to provide
assistance to the Legal Department regarding employee
relations/civil service matters. The second package for $20,000
was the v-nnming consideration of a new zoning ordinance. It was
acknowlet (jec, that there were still steps to complete for the zoning
ordinance co get to the point of deciding whether or not the
Council wanted to proceed with the ordinance. By putting $200000
in the budget, the Council would not be committing to the service.
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If Council decided to proceed with the ordinance, there would be
funds to proceed with the project.
Council Member Cott recommended delaying the zoning ordinance for
a year and use $20,000 for balancing the general fund.
Council Members Perry and Chew agreed.
Council Member Miller felt that the Council should proceed with the
ordinance. There had been a citizens group working for two years
on the project and much input from the development community. If
the Council studied the issue, it still might not proceed with the
project.
Council Member Perry felt that this would almost commit the Council
before consideration of the ordinance.
Council Member Brock felt that it would not commit the Council to
spending the money, only to keeping the option open to have the
funds available to further study the issue.
Mayor Castleberry stated that he was in favor of studying the issue
but was not ready for the $20,000 in the budget. He felt staff
should keep working on the project but not budget for the dollars.
Chew motioned$ Cott seconded to remove $20,000 out of the budget
for the zoning ordinance legal assistance and retain the funds for
the employee relations legal assistance.
Mayor Pro Tem Smith asked if continuing to study and work on the
ordinance would require additional legal assistance.
City Attorney Drayovitch stated the Legal Department would have to
move other legal aspects around to accomplish the task.
Council Member Miller stated that the Planning and Zoning
Commission was currently working on the item and it would not take
a year to look at all of the legal aspects.
City Attorney Drayovitch stated that if council proceeded with the
ordinance, expert advise would be needed on how to frame the
ordinance.
On roll vote, Brock~~"nay'0, Cott "aye,', Miller "nays', Smith "nay",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 4-1 vote.
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Page 15
12. Court of Record - options and funding requirements - The Court
of Record Committee recommended to implement the Court of Record as
the City moved into the Denton Municipal Complex which would be
approximately May of 1994. At the same time there would be
implemented a day and night court operation set to begin when the
move to the Denton Municipal Complex was completed. As part of the
construction project, it was recommended to build a part of the
shell for a second court room but would not be finished at this
point. If all of those recommendations were done and the increased
revenue and expenditures were added, there would be a negative
funding of $14,960 which would have to be added into the budget.
The only way to balance and have revenue/ expenditures offset would
be to not build the shell of the second court room.
Chew moved, Perry seconded to approve Option Three. on roll vote,
Brock "aye", Cott "aye", Miller "aye,,, Smith "aye", Chew "aye",
Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
13. Library Funding - This was a request of council with no change
indicated in funding.
14. Poison Control Funding - This was a request from the County
for $10,676 for Poison Control Center funding. It had been implied
that if the city did not contribute any funding, a like amount
might be subtracted from the city's ambulance funding. Last year
the Council determined that the local hospitals plus the 800 number
gave sufficient resources needed for these type of activities. The
county made a contribution to Parkland for their operation.
Council Member Perry asked if this system was working.
John McCrane, Executive Director for Finance, stated in 1995 an
additional amount would be added to phone bills for poison control
so that this would only be a temporary funding.
Consensus of the Council was to not provide funding.
15. Police/Fire Communication Equipment - Council had requested
information regarding whether police and fire had enough
communication equipment and the cost to correct any gaps. For the
Fire Department, $38,305 would be needed and in the Police
Department $66,000 would be needed. Any kind of increase would help
meet the needs.
Mayor Castleberry asked if those amounts were included in current
budget.
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City Manager Harrell replied no,
Council Member Miller stated that there were tactical officers
working without hand held equipment and some fire fighting
equipment without current communications. He felt there was a need
for adequate communications for both areas. As he understood, of
the $66,000 for police, $450000 would provide hand held
communications for each of the 15 tactical officers and of the
$38,000 for fire communications, $25,000 would provide minimal
coverage. There was a need to have public safety grow as the City
grew.
Miller motioned, Chew seconded to include in the budget $45,000 for
police communications and $25,000 for fire communications. 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.
Harrell stated that there was one item remaining concerning the
general fund which was in the recycling area. The recycling
coordinator position had implications in the general fund. In an
effort to save general fund dollars when it became apparent that
the Public Utility Board was going to recommend a new recycling
position be created, it was felt that rather than hiring a new
person to do the job, there was an individual in the Planning
Department who had the expertise for the position. That position
would be transferred from Planning to Utilities Solid Waste. The
position would continue to work on Keep Denton Beautiful and would
add the recycling coordinator duties. If Council did not want the
recycling coordinator funded but wanted to keep the position in
Planning for Keep Denton Beautiful, then $47,845 plus $3,500 would
need to be added back into the general fund.
Council Member Chew asked if the recycling coordinator could
perform the same tasks as the Maintenance Worker Ii.
Bob Nelson, Executive Director for Utilities, stated no that those
were two different positions. One physically gathered the
materials for recycling while the coordinator would increase and
enhance the recycling effort for all programs.
In a related budget topic, Council Member Cott stated that $1
million was not enough for the South Lakes Park in terms of safety.
There were very few lights proposed for the area and no police
patrols. He suggested delaying the acceptance of the grant and
delay the project until it could be done properly.
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Rich Dlugas, Parks and Recreation Director, stated that the maximum
amount of any grant would be $500,000. The first phase of the park
involved areas which the neighbors indicated were priorities such
as hike/bike trails, lakes, etc. Staff would continue to have the
neighborhood involved and would hire a consultant to assist with
the project.
Mayor Castleberry stated that this was not a budget item for the
next year's budget and could be discussed at a later date.
Council Member Cott insisted that safety be the first issue for the
park.
Utilities Major Issues
1. Electric
Rates - The Public Utilizes Board recommended a 3.2% increase
in rates.
Positions - Three positions would be deleted overall in
electric - two production plant trainees and one metering utilit;
service worker, The rate increase was primarily driven by TMPA
charges and increases in gas costs,
Council Member Cott stated that the rate increase assumed that the
City would begin to use the current $50 million of reserve. He erve lowers thanted
could thaet.res
He suggested a larger rate increase rates
a lower reduction in the reserve.
Bob Nelson, Executive Director for Utilities, stated that the bond
covenants required each fund to stand on its own. There had been
an underfunding in the wastewater over the last 8-10 years. Most
of the $6 million which the Wastewater Department owed the Electric
Department was due to a failure to raise rates enough to cover
depreciation on the $7-8 million the Federal government gave to
help build the plant, Since the cash was not needed to pay for the
debt service, revenues were not raised enough. For 1994 there would
be no draw on the reserve but would start in 1995 at $1-2 million
per year with some years at the $3-4 million to level the increases
in the 4-0 range until approximately the year 2004 when the rates
would level out.
City Manager Harrell stated that after the budget was completed the
Public Utilities Board adopted philosophy would be brought to
Council to review in detail.
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Cott motioned, chew seconded to include in the budget the proposed
electric rates and positions On roll vote, Brock "aye", and
"aye", Miller "aye", Smith aye , Chew "aye", Perry Y
Mayor Castleberry "aye". Moti,.)n carried unanimously.
2. Water
Rates - A 4% increase was proposed in the budget.
Positions - There would be a net zero position with one part-
time lab assistant being added but deleting a ull-time
construction anticipation fornther next large payment for Lake Ray Roberts. in
Council Member Cott left the meeting.
Brock motioned, Chew seconded to include in the budget the proposer
electric rates and positions. on rol~lavote,
and Brock Mayor Castleberry
~laye", Smith "aye", Chew "1ye", Perry "aye",
$aye". Motion carried unanimously. i
3. Wastewater
Council Member Cott returned to the meeting.
Pates - The Public Utilities Board recommended to Council a
13% increase which would be approximately a $2.16 per month
increase.
Positions - There were no new positions proposed. one
temporary part-time position had been deleted. The rate increase
was driven by federal requirements for additional wastewater
treatment requirements.
Cott motioned, Chew seconded to include in the budget the proposed
rates. on roll vote, Brock "aye", Cant Mayor Castleberry',Smith
"aye", Chew "aye", Perry Y
Motion carried unanimously.
4. Sanitation
Rates - A $.5o per month increase was proposed for residential
customers with an overall increase of 81 for commercial customers
and a $.50 increase per cubic yard at the landfill. There was a
new program which was proposed to go into effect with the adoption
of the budget which concerned the collection of yard waste. The
Public pickup for yard waste be instituted recommended and residents would no longer
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be allowed to put yard waste out with regular trash. The first six
bags of waste would not have a charge and any bags above that would
be $.50 per bag. In conjunction, the first cubic yard of brush
would be free and any after that would be $4 per cubic yard. It
was felt that such a program was needed to get trash and yard waste
out of the landfill. The debris would be deposited at the
wastewater treatment plant for future use as mulch. This
essentially was a no cost program as the revenue received would be
used to cover the additional costs to run a route on Wednesday.
Council Member Miller asked if this was a state mandate to ban this
material from the landfill.
Bill Angelo, Director of Community Services, stated that in two
years it would be a state mandate.
Council Member Miller asked for the terms of reduction in the
landfill.
Angelo replied that the State had adopted a goal of 40 t by January
1994 for all wastes in the State of Texas. The current city
program was at 4.2% waste diversion from the landfill and this
program would bring it up an additional lot.
Council Member Brock stated that several Council Members had
indicated that a high priority was to increase the City's recycling
efforts but she thought that it would be an item which the Council
would be working out over a period of time. There had been no
discussion of whys or wherefors regarding recycling but had been
presented as part of the budget package. Council should be
discussing this in work sessions and have pubic hearings on how to
deal with these issues.
Council Member Cott suggested delaying the issue until the
procedures suggested by council Member Brock had been completed.
Council Member Chew stated that he was not ready for a proposed
recycling budget.
Council Member Miller felt that there were parts of the program
which the Council might want to continue such as the recycling site
expansion. The City already had a waste oil collection agreement.
He asked if the in-house and office paper recycling was mandated.
Angelo replied that the in-house portion was a state mandate. The
office paper was not a city mandate and was part of the free
service currently provided to the Denton Independent School
District and to several other entities.
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Page 20
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Council Member Miller stated that cardboard recycling was not only
beneficial to participants but also to the City as it reduced the
amount of cardboard going into the landfill.
Council Member Cott suggested not budgeting for any of these items
and studying them carefully after the budget process.
Council Member Miller stated that he did not want to drop all of
the items. Some areas were already started and some were extensions
of current services.
Council Member Perry felt that the Council needed time to look at
the issues and consider them in detail.
Council Member Brock stated that part of the City's exclusive
provider arrangement indicated that private companies could still
pick up recycled material which they were doing. She requested
information on whether the City was giving away cardboard which
might be profitable to the City.
Nelson replied that the cardboard companies were suppose to be
picking up just cardboard but were in reality taking out more than
cardboard. The cardboard project would be a break even project and
would require a bailer which would get the materials to market. If
the city had a bailer for the cardboard project, it then could use
it for the plastics project. The City was already doing an oil
recycling project and the recycling facilities had been asked for
several times. The recycling coordinator had been suggested by the
Task Force and the master plan by HDR which stated that a recycling
coordinator was needed to help to market the program.
Mayor Castleberry asked if the maintenance worker II position was
part of the in-house mandate at this time.
Nelson replied that if the position were not filled, the litter
crews would have to continue doing the recycling work.
City Manager Harrell stated that several years ago the City put on
a two person litter crew who worked the entire City and over time,
the amount of time spent on litter cleanup had gone to other items.
would crew could continue to work with the recycling projects time off from litter pick upintecomnity.
The but it litter
Mayor Pro Tem Smith stated that she had strong feelings about the
litter situation in Denton and was in favor of having the
individuals working strictly on the litter situation.
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Council Member Chew asked if the City maintained the current in-
house program and the current outside programs, would the
maintenance worker II position have to be filled,
Nelson replied yes if the Council wanted the litter crew to
dedicate their full time efforts to litter cleanup,
Angelo stated that currently the City was only collecting white
paper and computer paper from City Hall, the Service Center and the
Data Processing Center. The new State mandate indicated that white
paper had to be collected from all City facilities and cardboard
and aluminum from most facilities. The DISD had asked about the
City collecting cardboard and aluminum from them. The City would
charge for cardboard pickup but was not charging for white paper
pickup.
Council Member Cott asked why the DISD was not charged a fee for
white paper pickup.
Angelo replied that several years ago the City agreed to help the
DISD and did not charge them for the service. When the City
started picking up white paper the market was good and thus did not
charge for the service.
Council Member Cott suggested setting up a rate schedule for pick
up of white paper.
Council Member Miller suggested that the following be included in
the budgets recycling site expansion, cardboard recycling, waste
oil collection additional sites, arm in-house recycling and the
maintenance worker Ii.
Mayor Pro Tom Smith indicated that she was in agreement with
Council Member Miller but would include yard waste/composting for
the landfill savings. She did not have a problem with 6 bags per
week and a $.5o increase. She was also in favor of plastic
recycling and as long as the city had the bailer should consider
that project.
City Manager Harroll stated that if Council funded the recycling
projects except for the recycling coordinator, the plastic
recycling and the cable swap, a decrease could be made in the
amount of rate increase.
Mayor Castleberry stated that there was a recommendation to proceed
with the recycling site expansion, the waste oil collection, yard
waste/composting, cardboard recycling, and maintenance worker II.
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Council Member Perry suggested preparing a schedule of charges for
the white paper recycling for other entities.
Brock motioned, Miller seconded to fund the recycling site
expansion program, the waste oil collection program, the yard
waste/composting project, the cardboard recycling project, and the
maintenance worker II position.
Council Member Chew asked if the motion included pursuing the fee
structure for the outside agencies.
Mayor Castleberry responded yea.
on roll vote, Brock "aye", Cott "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
City Manager Harrell stated that based on the projects which the
Council approved to fund, there would be a it reduction off the
commercial rate to 7% and a $.25 increase for the residential rate.
Mayor Pro Tem Smith suggested keeping the residential increase at
$.50 in order to keep a cushion to go through with other projects
the Council so decided.
Miller motioned, Perry seconded to keep the residential increase at
$.50 cents and the commercial rate at 7%. On roll vote, Brock
"aye", Cott "aye", Miller "aye", Smith "Lye", Chew "nay", Perry
"aye", and Mayor Castleberry "aye". Motion carried with a 6-1
vote.
Nelson stated that at a previous meeting staff had shown Council
what the rate structures would be and when an analysis of the
different costs was done, the biggest portion of increases were
necessary in the small dumpster sizes. In order to get the rate
structure balanced, it would be best to keep the 2-3 yard
containers at the present rate and decrease the rate for the larger
containers.
City Manager Harrell reviewed the sanitation positions which were
not connected with recycling. Those positions were a residential
position of a utility technician for billing collection and
analysis; two positions in the commercial division for one driver
and a second supervisor; one position in the disposal division
which was a state mandated landfill supervisor; and the positions
in the recycling division of a heavy equipment operator to run the
brush grinder and one maintenance worker 22.
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City of Denton City Council Minutes gendaNo
September 7, 1993 toentlallem
Page 23 qtr -5
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Council Member Chew suggested deferring the $75,000 incentive
program to help balance the budget and reduce the fund balance
reserve to 10% from 30.73%
City Manager Harrell stated that if the Council used $37,040 from
the fund balance which would put it at the 10% level, $76,000 from
the incentive program and increased the sales tax by 1% the budget
would be balanced.
After discussion by council it was decided to set the tax rate at
$.7479 and balance the budget as proposed by the City Manager.
With no further business, the meeting was adjourned at 10:25 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC0014C
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item
CITY OF DENTON CITY COUNCIL MINUTES 3
SEPTEMBER 111 1993
The Council convened into a Special Call Meeting on September 11,
1993 at 3:30 p.m.
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Perry, and Miller.
ABSENT: Council Member Cott
1. The Council considered approval of a resolution of
appreciation for Jane Hopkins.
The following resolution was considered:
No. RA93-007
RESOLUTION IN APPRECIATION OF RETIRING COUNCILMEMBER JANE
HOPKINS.
Chew motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 3:45 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO0150
CITY OF DENTON CITY COUNCIL MINUTES
SEPTEMBER 13, 1993 QerdaNo.-
The council convened into a joint session with t0lmwp;
Beautiful Board at 11:45 a.m. on September 13, 1993off
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Mem~e
Brock, Cott, and Miller.
ABSENT: Council Members Chew and Perry
1. The Council held a discussion, considered locations and gave
staff direction for using the $100,000 landscape grant from the
Governor's Commun..y Achievement Awards.
Dick Engle, Chair-Keep Denton Beautiful Board, stated that the
Board would like the Council's input on where and how to utilize
the money received from the Achievement Award.
Cecile Carson, Keep Denton Beautiful Coordinator, presented a
landscape project development flow chart which the Department of
Transportation suggested using to coordinate location of a project
and steps in completing the project. The Department of
Transportation was projecting a year's time frame from the time the
City chose a location until the maintenance/planting stage. This
year the Department of Transportation budgeted the money to the
regional office where the cities won the award which would
facilitate receiving the money. It was anticipated that from the
initial meeting to select a site until approval from the Department
of Transportation would be 30-90 days. As this was not a matching
grant, the City would not have to do any work and the design would
be done by the Department of Transportation. The beginning of the
construction would be a variable date due to weather and any extra
construction necessary at the chosen site. There would be a 90 day
maintenance period for replacement of any plantings. Any street or
right-of-way which was state right-of-way was eligible for site
selection.
Council Member Cott asked if only one site could be selected.
Carson replied no but that the Department of Trans.ortation
Suggested using only one location as part of the money could be
lost if there were barricading work, design work, etc. necessary
for multiple sites.
Engle suggested a continuation of University Drive for the site
selection.
Mayor Castleberry stated that in the area of Malone to Carroll, the
utility poles would be relocated to the alleys end Denton Center
was planning to upgrade the shopping center. There was also a
possibility of the City performing in-kind services to help make
the dollars go further such as dirt removal in the medians.
University Drive would be widened to six lanes in the future.
Frank Robbins, Executive Director for Planning, stated that the
City had requested enhancement funding from the Texas Department of
Transportation and Council had passed a resolution applying for
$150,000 of funding for the medians from Malone to Carroll at an
80-206 funding.
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Page 2 iQAAtldItA .5~
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Council Member Miller stated that with the state fundin the City
did not know if it would receive the funding. He asked if the
State would change its position on allocating the funds with the
widening project.
Carson replied that it would not disqualify the site ',.tit that the
City would have to use materials which would _rvive the
construction.
Council Member Miller stated that the enhancement review would be
sometime in October.
Robbins stated that the COG review would be in October, the Texas
Department of Transportation review would be in November and the
award should be in January.
Carson stated that there was no requirement as to when to submit
the requests but that the Department would prefer them by the end
of the year. she presented slides of some potential sites for
consideration: Dallas Drive right-of-way area; Highway 77 and
Eagle Drive banks and sides of the intersection; University Drive
medians; 135 and University Drive on the west side for the medians
and the triangle portion of the roadway; Fort Worth Drive and 135;
purchase red bud trees for planting on the right-of-ways.
Jeans Morrison stated that she would suggest the west side of
University and 135 and the medians on University Drive which would
be included in the enhancement project. If a second area were
needed, she would suggest a continuation of the Dallas Drive
project. She asked if there was a reason why Dallas Drive could
not be continued.
Mayor Castleberry stated that there were no medians in that area on
Dallas Drive and could not be created.
City Manager Harrell indicated that a median could be constructed
from the signal to the patterned concrete. The problem was with
the businesses in the area which did not want the ability to make
left turns into their businesses taken away. if medians were
installed, there would be no left turns allowed.
Morrison suggested creating a turn lane.
Council Member Cott suggested an area by Loop 288 and the Golden
Triangle Mall.
Gertrude Gibson suggested the triangle area west of 135 on the
service road.
Martha Len Nelson suggested a site on Dallas Drive where there was
overgrown grass and a need for clean-up.
City of Denton City Council Minutes
September 13, 1993 lendaNo
Page 3 gnA~,~Bfn
Dave Boston suggested using the mall area and planting tr s and
installing picnic areas. These would be small parks in small areas
for the citizens to use.
Council Member Miller stated that the project had to be on state
right-of-way and could not be in the mall property,
Carson indicated that there Weis some small pieces of corner
property at the Mall which was State right-of-way.
Don Hayes suggested 135 and Loop 288 on the north side by the
outlet Mall.
Jean Ross suggested the University Drive area.
Judy Smith asked how many medians could be done for the $100,00Q. j
City Manager Harrell replied that it was estimated at $150,000 to
finish University Drive including the triangle piece of property.
If the City did some in-kind work, the $100,000 would be close to
completing the project.
Betty Kimble was in favor of the Mall area location.
Morrison asked that if the Award was used for the triangle on
University plus the medians and the City then received word of
enhancement money, would the State not award the enhancement money.
Robbins replied that the $100,000 could not be used to help
leverage the enhancement funding. Other State money could not be
used with enhancement funding. This was only the first round of
enhancements and the City had been told that the next round of
enhancement funding would begin in January. At that time, the City
would apply again for funds and could ask for the same locations as
were suggested above.
City Manager Harrell stated that if the Board was concerned about
duplicate funding, a tentative decision could be made and let the
funding cycle continue until October/November. If the project did
not receive enhancement funding, then formally notify the
Department of the project selection. If the University Drive
project received enhancement funding, then submit a second or third
choice to the State.
Council Member Cott suggested it, .'ing no decision at this time and
wait to see if the city received enhancement funding.
Council Member Miller felt that the City needed to be more
aggressive in applying for enhancement money including such
projects as monument signs for the City's entranceways.
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September 13, City Council Minutes ~y Page 4 1993 QeDdaNo apendalte
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council Member Brock stated that she Would like one day is thm6~
red buapd treet'itols in Denton which would be unique to Denton as te 'Red
Hud C,
Engle replied that that was part of the agenda for the Keep Denton
Beautiful Board and they had approached the Chamber of Commerce for
some type of Red Bud Festival.
Morrison suggested that the trees could be planted along 135 from
one end of the City limits to the other. This could be a possible
second alternative for the Award money.
Council Member Miller suggested using the money for the University
Drive project and coordinate it with the enhancement request. For
the next round of enhancement projects, those mentioned this
meeting could be considered and coordinated with the Council and
the Keep Denton Beautiful Board.
Consensus of the Keep Denton Beautiful Board was to select the
completion of University Drive as first priority of the Award
money.
pro osCaatleberry suggested that the Keep Denton Beautiful Board
plan for a Red Bud Trail in Denton. Residents and
businesses along with the City could be encouraged to plant red
buds throughout the City.
Hayes suggested getting the community involved in a tree planting
project.
With no further business, the meeting was adjourned at 1:15 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY srCRETARY
CITY OF DENTON, TEXAS
ACCO0151
4
CITY OF DENTON CITY COUNCIL MINUTES .d00aNo _._..i ~
September 14, 1993 ~eoorllem
The Council convened into a Work Session on Tuesday, September 14,,
1993 at 5:15 p.m. 9
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council convened into the Executive session to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071.
1. Received legal advice regarding councilmembers'
attendance at neighborhood meetings.
2. Considered action in litigation styled Gi_ 111kpie v
City gf Denton.
B. Real Estate Matters Under TEX. GOV'T CODE Sec. 551.072
1. Considered purchase of land on Foster Road.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074.
2. The council received a report and held a discussion regarding
a proposed ordinance to remove truck traffic from a portion of U.
S. Highway 380.
Jerry Clark, City Engineer, stated that Highway 380 was the City's
main arterial going east-west through the City. Loop 288 was
recently completed to the north. Highway 380 had a very high
percentage of trucks between 8-101 while normal truck percentages
was between 2-3%. There were often major accidents in the Highway
380 area. Staff was suggesting routing trucks to Loop 288 via the
service road. Highway 380 was too congested for truck traffic to
the extent which was there now.
Mayor Pro Tom Smith asked about the sound barrier for the Neptune
neighborhood.
Rick Svehla, Deputy City Manager, stated that the project would be
bid in October.
Mayor Pro Tom Smith asked how long of a procedure would it be to
reroute the trucks.
Clark replied approximately October - November.
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Council Member Perry asked if the change would pose any problems
with the trucks from the standpoint of the drivers.
Clark felt that it would be a faster route on Loop 288 than going
through town.
Council Member Brock questioned the difference between the way the
two roads were made.
Clark stated that the newer roads were better equipped to handle
the truck traffic than the older roads.
Council Member Miller asked about the status of a traffic signal on
Kings Row and Loop 288.
Clark replied that the intersection did not meet warrants. The
State did look at special warrants in some cases.
Council Member Miller felt that a signal light was needed at that
intersection due to the school in the area.
Clark stated that the State required a warrant which the
intersection did not meet. The School could route the bus traffic
so as to not cross the intersection.
Council Member Miller felt that this was a difficult intersection.
He asked what was the position of John Blaine.
Clark replied that if the project were not supported by Blaine, it
might not go through.
Svehla stated that the Highway Commission was the one to choose and
generally speaking, the Commission followed the direction of the
local District.
Council Member Cott stated that trucks paid a road tax and had paid
for those roads. They should be given consideration at a public
hearing.
Item 04 was considerRd.
4. The Council received a report and held a discussion regarding
Phase I renovations to the Denton Municipal Complex, City Hall and
City Hall West.
Bruce Hennington, Facilities Manager, stated that bids for the
construction would be presented to Council on October 5, 1993.
Phase I included the Denton Municipal Complex. Departments
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Page 3 1~M
included in the building were the Law Enforcement Center, Human
Resourcen, and Information Services. City Hall West included
Engineering/Transportation/Streets, Planning, Code Enforcement,
Inspections, and Utility Development. City Hall would include the
City Council, the City Manager's Office, Economic
Development/Municipal Services, the City Attorney, and Facilities
Management. Customer Service and all finance areas would remain at
City Hall plus Community Services.
Mayor Castleberry asked about Main Street location.
Hennington replied that it would remain in its current rented
space.
Mayor Castleberry suggested that it move to City Hall West.
Due to time constraints, this item was continued during the Regular
Session under Miscellaneous Matters from the City Manager.
3. The Council received a report and held a discussion regarding
bank depository proposals.
Harlan Jefferson, Director of Treasury Operations, stated that it
was the City's practice to go out biannually for bids to select a
financial institution to serve as the city's bank depository. Some
of the services requested included payroll processing, account:
payable, accounts processing, etc. The bids were sent out to
select a bank depository for the next two years. The Investment
Committee reviewed those bids and recommended using First State
Bank as the primary banking facility with Bank One as the secondary
facility. Jefferson detailed the criteria from which the facility
was selected which was included in the agenda backup. One of the
major criteria was the ability to perform the services requested.
First State Bank could perform the job in the City while Bank one
had to use a facility in Fort Worth. Direct deposit was another
consideration. The cost from the First State Bank was the same as
the cost from them in 1991.
The Council convened into the Regular Meeting at 7100 p.m. on
Tuesday, September 14, 1993.
PRESENT' Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENTS None
1. Pledge of Allegiance
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City of Denton city council Minutes OendaNo 1W_
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Page 4 plf J
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The Council and members of the audience recited the Pledge of
Allegiance.
2. The Council considered approval of the minutes of the Regular
Session of August 17, 1993 and the Special Call Session of August
24, 1993.
Brock 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. The Council considered approval of a resolution of
appreciation for J. R. Daniel.
Mayor Castleberry presented the resolution and a plaque of
appreciation to Mr. Daniel.
The following resolution was considered:
No. RA93-008
RESOLUTION OF APPRECIATION FOR J. R. DANIEL
Smith motioned, Chew seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith '$aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
4. Public Requests
A. The Council consider approval of a resolution temporarily
closing Sandpiper Drive between Skylark Drive and Pennsylvania
Drive on Friday September 24, 1993 from 7:00 p.m. - 1000 p.m.
Catherine Tuck, Administrative Assistant, stated that the residents
had requested the closure of the street for a neighborhood block
party.
The following resolution was considered:
No. R93-054
A RESOLUTION TEMPORARILY CLOSING SANDPIPER DRIVE BETWEEN
SKYLARK DRIVE AND PENNSYLVANIA DRIVE ON FRIDAY, SEPTEMBER 24,
19931 AND PROVIDING FOR AN EFFECTIVE DATE.
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September 14, 1993
Page 5 loendllte ,x.5,5
Perry motioned, Brock seconded to approve the resolution. On moll
vote, Brock "aye", Cott, 'laye'r, Miller "aye'', Smith "aye", Chew
"ayes, Perry "aye", and Mayor Castleberry 'laye". Motion carried
unanimously.
5. Consent Agenda
Brock motioned, Chew seconded to approve the Consent Agenda as
presented. On roll vote, Brock "aye", Cott llaye,", Miller "aye",
Smith "aye", Chew "aye", perry "aye's, and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid 11528 - Brochures-Parks and Recreation
2. Bid 01533 - Office Supplies
3. Bid 11539 - Retube High Pressure Feedwater Heater
4. Bid 11530 - Plugging and Abandonment-Water Wells
5. Bid 11531 - Chemical Pump
6. Bid 11532 - Chart Recorders
7. RFSP 11527 - Worker's Compensation Administration
8. P.O. 136795 - Atlas Engineering
9. P.O. 037057 - Advanced Control Systems
10, P.O. 137058 - General Electric
6. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1. - Bid 01528, 5.A.2. - Bid
11533, 5.A3. - Bid 11539, S.A.4. - Bid 115300 5.A.5. - Bid 11531,
5.A.6. - Bid 11532)
City Manager Harrell stated that there was a slight correction to
this ordinance as presented in the agenda backup. This
information i currently listedwInlOrdinance changed B. Ordinance B would not
have to be considered by council as Ordinances A and 8 had been
combined.
The following ordinance was considered:
No. 93-155
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE]
AND PROVIDING FOR AN EFFECTIVE DATE.
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September 14, 1993 0BAddll9ol a
Page 6
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Smith 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.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (5.A.7. - RFSP 01527)
This item was not considered due to the comments from 6.A.
I
C. The council considered adoption of an ordinance providing
for the expenditure of funds for emergency purchases of materials,
equipment, supplies or services in accordance with the provisions
of state law exempting such purchases from requirements of
competitive bids. (5.A.S. - P.O. 036795)
The following ordinance was consideredt
No. 93-156
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Smith seconded to adopt the ordinance. on roll
vote, Brock "aye", Cott, "ayelt, Miller "aye", Smith "aye", Chow
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are available from only one source in accordance
with the provisions of state law exempting such purchases from
requirements of competitive bids. (5.A.9. - P.O. 037057, 5.A.10.
P.O. /37058)
The following ordinance was considereds
No. 93-157
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
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September 14, 1993 QeadaQ
Page 7 FitF _ to
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye's, Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance adopting
the budget for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1993, and ending on September 30, 1994.
City Manager Harrell stated that this was the official document to
approve the budget for the next fiscal year and incorporated the
amendments and changes made by the Council at the last meeting.
Mayor Pro Tem Smith stated that the Council had spent a long period
of time discussing and debating all aspects of the budget. Not
everyone agreed with every aspect of the budget but the consensus
of the Council was that this budget would be accepted as shown.
The following ordinance was considered:
No. 93-158
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER It 1993 AND
ENDING ON SEPTEMBER 300 1994; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Perry seconded to adopt the ordinance.
Council Member Cott stated that this was the highest spending
budget in the history of Denton and he could not be in favor of it.
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.
F, The Council considered adoption of an ordinance levying
the ad valorem tax of the City of Denton, Texas, for the year 1993,
on all taxable property within the corporate limits of the City on
January 1, 1993, not exempt by law; providing revenues for payment
j of current municipal expenses, and for interest and sinking fund on
outstanding City of Denton bonds; providing for limited exemptions
of certain homesteads; providing for enforcement of collections;
and providing for a severability clause.
City Manager Harrell stated that this ordinance formally assessed
the tax rate required to support the budget just adopted. There
were three blanks in the ordinlnce to complete. The total tax rate
would be $.74791 the amount of the total tax which was allocated
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City of Denton City Council Minutes 4gendaNa ~
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for the general fund was $.4913 and the amount to fund the debt
service portion of the budget was $.2566.
The following ordinance was considered:
No. 93-159
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 19930 ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1993, NOT EXEMPT BY
LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL
EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING
CITY OF DENTON BONDSI PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS, PROVIDING FOR ENFORCEMENT OF COLLECTIONS)
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Smith motioned, chew seconded to adopt the ordinance with the above
figures as noted by the city Manager. On roll vote, Brock "aye",
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"nay", u
Cott, Miller ayen, Smith 'aye", Chew "aye", Perry "aye",
and Mayor Castleberry "aye", Motion carried with a 6-1 vote.
G. The Council considered adoption of an ordinance amending
the schedule of electric rates and providing a severability clause.
City Manager Harrell stated that this schedule was for the electric
rates as proposed in the adopted budget. The average increase
would be approximately 3.2 4.
Council Member Cott suggested keeping the rates high enough so that
TMPA could pay down some of the debt and the City would not use its
reserve. The cash was needed to make investments in the City
facilities.
Council Member Miller sta`.ed that the City was not using the cash
reserve this year and the rmte did not affect the cash reserve this
year.
City Manager Harrell stated that this item would return to council
as a study session to review thl., philosophy as set by the Public
Utilities Board. It would set the atage for future budgets but did
not affect this one.
The following ordinance was considereds
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Page 9
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No. 93-160 7 ~P
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES;
PROVIDING FOR A SEVFRABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Miller 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.
H. The Council considered adoption of an ordinance amending
the schedule of rates for water service and providing a
severability clause.
City Manager Harrell stated that the rates increased on an average
of 44 and were required to balance the water utility budget.
The following ordinance was considered:
No. 93-161
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR WATER SERVICE;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Smith motioned, Cott seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry 14aye", and Mayor Castleberry "aye". Motion carried
unanimously.
1. The Council considered adoption of an ordinance amending
the schedule of rates for wastewater service.
City Manager Harrell stated that this was the rate required to
support the wastewater budget and called for a 131 increase.
The following ordinance was considered:
No. 93-162
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE
SCHEDULE OF RATES FOR WASTEWATER SERVICE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Council Member Miller indicated that most of this increase was due
to the requirements of EPA for a new treatment plant. It did not
add capacity but merely changed the treatment process.
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roll
Chew motioned, Smith seconded toadopt the er 'aye'or Smith a"ayeo Chew
vote, Brock aye , Cott, ayell, Mill
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
J. The Council considered adoption of an ordinance amending
rates for residential and commercial sanitation collection services
as authorized by Chapter 24 of the Code of Ordinances of the City
of Denton; establishing rates for excess y,..rd waste collection,
appliance collection, cardboard recycling and charges for special
collection; and amending rates charged for the use of the City's
sanitary landfill.
There the final eneral rate
waste stated
City dealt Manager Harrell
proposed rate increase ofn$n50
per month for residential sanitation rates, a 7% increase for
commercial rates and a $.50 increase per cubic yard at the
landfill.
The following ordinance was considered:
No. 93-163
AN ORDINANCE OF THE CITY OF DENTON AMENDING RATES FOR
RESIDENTIAL AND COMMERCIAL SANITATION COLLECTION SERVICES AS
AUTHORIZED BY CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY
OF DENTONi ESTABLISHING RATES FOR EXCESS YARD WASTE
COLLECTION, APPLIANCE COLLECTION, CARDBOARD RECYCLING AND
SANITARY COLLECTION; LA LANDFILL; AND T PROVIDING FOR THE
CARG FOR OF THE SPECIAL
EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance,
council Member Bk stated tthat aelike an cyclingg
in the year of the changes made in the and yard waste
pickup programs and would like Council to consider moving into
other recycling areas.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "nay", Perry "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
X. The Council considered adoption of an ordinance
administrative services to customerss and and procedures for providing
Harlan Jefferson, Dir,ctor of Treasury operations, stated this was
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3
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City of Denton city council Minutes AgendaNo
September 14, 1993
Page 11 Agendalfetn
We a
de for lies. housekeeping ordinance and made minor changes to ex 9 tinge
ordinances. A major category of change was the interest payment on
wasetooshigh.utThetchange Currently e the it to t the id % interest which
would
would be adjusted semiannually. This lould save TtheteCity one ear - and
approximately $30,000. The second major change was the fee charged
for credit card usage. In 1989 the City started accepting credit
cards for payment of utility bill, taxes and other fines. At that
time the charge was 5; and the proposal was to reduce that charge
to 3t.
The following ordinance was consideredr
No. 93-164
AN ORDINANCE OF THE CITY OF DENTONO INCORPORATING FEES,
DEPOSITS, BILLINGS AND PROCEDURES FOR PROVIDING ADMINISTRATIVE
SERVICES TO CUSTOMERS AND TAXPAYERS; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock "aye". Cott, ++aye+', Miller "aye", Smith $'aye", Chew
aye t Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
L. The council considered adoption of a
authorizing the City Manager to execute a real estate Ocontract
between the City of Denton and with George J. Kay and wife, Judy M,
Kay to purchase property, (The Planning and Zoning Commission
recommended approval,)
City Manager Harrell stated that Council had been briefed at length
regarding this acquisition.
The following ordinance was consideredr
No. 93-166
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL
ESTATE CONTRACT BETWEEN THE CITY OF DENTON AND GEORGE J. KAY
AND WIFE, JUDY M. KAY TO PURCHASE PROPERTY] AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE
DATE.
Cott motioned, Smith seconded to adopt the ordinance, On roll
votes Brock "aye", Cott, "aye++, Miller "aye", Smith ++aye++, Chew
unanimouslyY ++aye++' and Mayor Castleberry "aye". Motion carried
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City of Denton City Council Minutes 'gendaND. _0-D.
September 14, 1993 a9e~tl8ilefn
Page 12 kte .S
Yz/9
authorizinghthe City Manager odexecuteda compromise settlementaand
release agreement with C. Summers in release of all claims against
the City.
City Attorney Drayovitch stated that the Council had been briefed
prior to the meeting regarding this ordinance and recommended
adoption.
The following ordinance was consideredr
No, 93-166
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
CITY MANAGER TO EXECUTE A COMPROMISE SETTLEMENT AND RELEASE
AGREEMENT WITH C. SUMMERS IN RELEASE OF ALL CLAIMS AGAINST THE
CITY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR] AND
DECLARING AN EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
va e, BPreork lla ee+ri Cott, 1+aye++, Miller "aye", Smith "aye", Chew
unanimouslyY y and Mayor Castleberry+aye++, Motion carried
N. The Council considered adoption of an ordinance
authorizing the city Manager to execute an agreement with the Texas
Department of Transportation requesting continued funding for a
traffic safety program.
Ric': Svehla, Deputy City Manager, stated that the ordinance would the Cit Theo City hay to
thisp grants approved ginnt firseat belt funding.
recommended approval. p years and staff
The following ordinance was consideredr
No. 93-167
AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE
TEXAS DEPARTMENT OF TRANSPORTATION REQUESTING CONTINUED
FUNDING FOR A TRAFFIC SAFETY PROGRAM; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
Brock motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye"+o Cott, "aye", Miller "aye++, Smith "aye", Chew
"aye, Perry "aye". and Mayor Castleberry "aye". Motion carried
e
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City of Denton City Council Minutes
September 14, 1993 tgeldaNo
Page 13
tem:"!:
late
unanimously,
f
76 Resolutions
A• The Council considered approval of a resolution
appointing members to the North Texas Higher Education Authority
Hoard of Directors.
John McGrane, Executive Director for Finance, stated that there
were three places which the City had on the North Texas Higher
Education Authority Board. The three current appointees were
Lindsay Keffer in place 6) William Jay Anderson in Place 8 and
James Brock in Place 9.
they would be willing to sAll of these erve gain if t at was hC uncilcstdesire.
The following resolution was considered;
No, R93-055
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; AND
DECLARING AN EFFECTIVE DATE.
Brock motioned to appoint the above named individuals.
Mayor Pro Tem Smith stated that Lindsay Keffer was J. Lindsay
Keffer.
Perry seconded the motion. On roll vote, Brock "ayelf, Cott, +layell,
Miller Castleberry Smith "ayeri, Chew "aye", perry "aye", and Ma or
y aye . Motion carried unanimously, y
8. The Council considered nominations and/or appointments to the
Traffic safety Commission, the Community Development Advisor
Committee, the Electrical Code Board, and the Historic Landmark
Commission,
Council Member Perry indicated that he had nominated Kenneth Morgan
last week to the Historic Landmark Commission.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye,,, Perry "aye", and Mayor Castleberry leaye". Motion
carried unanimously.
Council Member Chew nominated Kathy Devine to the Traffic Safety
Commission.
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City of Denton
Septem b or 14, City Council Minutes Age@daNo ~J-
1993
Page 14 Agendaltem #
Council Memb 7 a ~7
er Miller nominated Dorothy Marti
Development Advisory Board. nez to
the Community
9. Miscellaneous matters from the Cit
The Council returned to y Manager,
Work session Item
04.
4
The Co
Ph.as uncil received a report
e i re port
novat and held
C ns to the a discus
it Hal Denton discussion re
Y 1 West. Municipal Com lex garding
p City Hall and
Bruce Bennington, Facilities
considerations for fundin Manager, presented
was a era bond issue ing$of the renovations, the budget
of Obligation w for . 4 million. The first funding
would
198 current leases in October and would be replenishedtfromathe
renovations were with Cook Count
bond issue Y funded with no taxoincrease.ilInng' All
stated that the city 1986 the
Complex of 20,000 s Y would build a
using the buildint square feet and that footage Law Enforcement would
be
Bennington PresPa ent ed expanded
which budget for the Denon Muni ipalGComplex and indicatedbthat the bids
the
came In under budget for a cost was approximately $1120000 which alsongn The total cost cy f
for the entire Phase one renovations, faluded a contingency fund
und
Council Member Cott asked what kind of guarantee was
of the asbestos.
on the removal
Hennington indicated that there was an agreement for 10
a guarantee from the State. He presented the bids and alternates
for the Phase I project. Alternate Years plus
two was brick/payer the to one coornates for windows
alternate three was a unisex toilets betweenhthe two e' buildings
alternate four was a court breakroom cou
Resources breaks , alternate five was ratrooms,
would be added sidewalks r and six was plaza sidewalks. Human
building per Council's nd signage to change the outside ere
would be a room for the Visioning Projectncluded
In the building
City Manager Harrell stated that during the bid
concerned that the bids would not come in under budget, alternatF3 were put in the bid thinking all of those should be The
was very pleased to ht not work if the bids were too
bids received, present the total project due to theggoodsbase
Council Member Miller questioned the completion
and whether the May time frame would stay an schedule.
period of 300 days
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City of Denton City Council Minutes Agendaltam,'42-4
September 14, 1993
Page 15 lki~ ~f .3 6 7
Hennington stated that the architect indicated that the contractor
would complete the work in 200 days. There was a deadline to be in
in May due to moving out of the Annex. If the completion date
could not be worked out in the contract, it would be a factor in
the bidding process.
City Manager Harrell stated that the architect's first priority
would be to have the area ready for Human Reso►irces/ Information
services in order that they could move out of their leased space.
The Police and Court could be moved at a later date if needed.
Tom Shaw, Purchasing Agent, stated that the contractor had
indicated a 300 day time period for a delivery schedule for jail
materials. There would be a 200 day schedule for standard office
equipment.
Hennington presented the City Hall budget which was $200,000. The
1992 maintenance bonds would take care of several of those items
which needed to be completed. $20,000 was budgeted for furniture
for Council and for more conference rooms. City Hall West had a
proposed budget of $222,000. There was a contingency fund for the
entire project which consisted of approximately $62,000.
Council Member Chew asked if there had been consideration of office
space for City Council members.
Hennington replied that there were two or three different options
being considered.
Mayor Castleberry asked if there would be improvements to the
outside of the Denton Municipal Complex.
Hennington stated that there would be considerable changes such as
new sidewalks and that those were not finalized except for the ADA
requirements and the trees.
8. City Manager Harrell announced the appointment of Dennis
Stephens to the Civil Service Commission to completed the unexpired
Term of Frank Davila. Mr. Stephens appointment would be until July
1996.
C. Unless Council had an objection, there would be no
meeting on Sept 28th.
10. There was no official action taken on Executive Session items
discussed during the work Session Executive Session.
City of Denton City Council Minutes Agenda N
September 14, 1993 Agendaltem
Page 16 Date- r
11. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Brock suggested a work session to review
the portion of the solid waste ordinance which allowed private
collectors to pick up recyclable materials in the city.
B. Council Member Miller indicated that he had made the
suggestion at the Keep Denton Beautiful Board meeting that the City
needed to be more aggressive in applying for enhancement programs
specifically for monument signs in entryways.
12. There was no Executive Session held during the Regular
Session.
With no further business, the meeting was adjourned at 8:07 p.m.
BOB CASTLEB£RRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC0014F
S
Venda No 4512e' g
CITY OF DENTON CITY COUNCIL MINUL~Rdaltetni
~
September 21, 1993 )Me 14
The Council convened into the Work Session at 5:15 p.m. in the
Civil Defense Room. 0
PRESENT: Mayor Castleberry; Mayor Pro Tem Smith; Council Members
Brock, Chew, Cott, Perry, and Miller.
ABSENT: None
1. The Council convened into the Executive Session to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Considered settlement demand in }iunter v. City of
Denton, et al.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
1. Considered purchase of land on Foster and Mayhill
Roads.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. The council received a report and held a discussion regarding
proposed amendments to the Landscape and Tree Preservation
ordinance concerning a category of tree which would receive more
protection and gave staff direction.
Frank Robbins, Executive Director for Planning, stated that before
a formal process was started regarding changes to the tree
ordinance, it was felt that it might be appropriate to discuss with
council certain elements regarding the proposed ordinance. one of
the elements would be who would decide that a tree could be
removed. The current ordinance allowed the staff to make that
determination and it could be changed to have the Planning and
Zoning commission make that decision. Another element would be a
determination if reasonable efforts had been made to avoid removal
of the tree. The proposed ordinance did not change the current
criteria. A definition of big, old, important trees would be an
element and might include language such as a tree which was 40
inches in diameter or larger, or trees of a given diameter by
species such as a 6 inch red bud. A fourth element would require
mitigation if a tree were allowed to be removed. Replacement would
be required with a formula such as a standard formula for
determining the value of the tree or replacement trees equal to the
value of the tree being removed which would be provided by the
remover on or off-site.
City of Denton City Council Minutes Agenda No's
September 21, 1993 Agendaitem ~
Page 2
Dale w ` , O
Council Member Cott asked what was the concern about the value of
the tree.
Robbins replied that the idea was for replacement trees. If a tree
were removed, an "x" number of trees would have to be planted for
replacement on the same site and if there was not enough room on
site, could be placed elsewhere.
Council Member Miller felt that this would be changing the current
ordinance. There might be certain trees which should not be
removed unless necessary. If the tree had to be taken down, the
intent was not to impose extra requirements. The purpose was to
make sure the existing ordinance did not have one step missing for
i.pecial consideration of trees. He questioned the magnitude of the
issue which the existing ordinance did not cover.
Rob',ins replied that there seemed to be a concern on the part of
council regarding replacement to be included in the proposal.
Mayor Castleberry stated that the cities surveyed did much the same
as Denton's current ordinance with staff deciding on whether to
remove the trees. They did not have a long process through a
Planning and zoning Commission.
Robbins replied correct except for cities which had historic
enabling capacities.
Mayor Pro Tem Smith asked if there was any idea on how many trees
would fall in this category or where they were.
Robbins replied that an estimate was difficult to make. They had
started some statistical sampling which proved to be difficult due
to the character of the trees and the locations.
Mayor Pro Tem Smith stated that most of these type of trees were on
already developed properties. There would be no problem with
someone wanting to build on that location.
Council Member Brock indicated that the Tree Board had suggested a
contest for people to nominate a historic tree or large tree of a
certain kind. Prizes and special recognitions could be awarded
which would be an informal way to taki sn inventory.
Council Member Cott felt that through the normal process of
development, the applications being made would discover these
trees.
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City of Denton City Coun,A1 Minutes 49endaNo.
September 21, 1993 AgvUtem Ad-'ta
Page 3
DaI9_
Mayor Castleberry felt that there was not a problem wit the
current ordinance and that staff was aware of the problem.
Consensus of the Council was to keep the ordinance as it was
currently written.
3. The council received an update and held a discussion regarding
the Opticom System.
Rick Svehla, Deputy City Manager, stated that Council had requested
an update regarding the system. In March the City had a number of
intersections approved in the Federal Highway bill. Two weeks ago
staff had talked with COG which was responsible for making those
recommendations and they felt the Froject was still on target.
There was a question regarding how much these system:, dealt with
air quality and congestion mitigation. The system was used to help
clear movement on Bell Avenue in times of heavy congestion. There
had been some delays with the funding but should improve as the
year progressed. A second group of requests would be funded in the
1996-98 time frame. There were three groups not yet funded. Staff
would continue to look at prioritization but under federal funding
locations could not be changed. If a location needed to be
changed, the city would need to find other funds to do that
intersection. The systems worked well and would continue to meet
the City's needs. If there were difficulties with state and
federal funding, there were other options for funding such as bond
funds.
Council Member Perry asked how the system worked with the fire
stations tie in.
Svehla replied that so far the system was working very well
depending on the types of calls and location of the calls.
4. The Council received a report and held a discussion regarding
the towing ordinance.
Rick Svehla, Deputy City Manager, stated that much discussion had
taken place regarding a concept and direction for this issue.
There had been much time spent on a discussion of this issue with
merchants, etc. The proposed ordinance was a further attempt to
help enforce the current regulations and to be able to tow vehicles
in violation of the parking conditions. The proposed system was
one whereby vehicles could be towed from the Square or any location
if they were vehicles which continued to be a chronic problem in
regards to parking violations. The Council did not have to proceed
with this ordinance but it was a solution to help remedy the
situation on the Square and in particular on Avenue A.
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City of Denton City Council Minutes Agencaitem
September 21, 1993
Page 4 Jett
Council Member Cott asked what was the problem - the tickets or not
paying the tickets.
Svehla replied that it was a multi-part problem with part of it
being that tickets were not paid, part being that people were not
showing up for Court and part of it was appealing the tickets and
not having the issue resolved.
Council Member Cott asked what was the problem with enforcement of
the tickets.
City Attorney Drayovitch stated that a parking violation was very
difficult to prove because it was not very often that an officer
saw who parked the car. Therefore the registration of the vehicle
had to be relied on which could be outdated. If the tickets were
not paid, the City could only issue a warrant. The proposed
ordinance was a means where the City would legally have more
control in enforcing the parking laws. Instead of a warrant,
notices given and a due process hearing given, the vehicle could be
towed.
Council Member Cott stated that it was difficult to get to
businesses if the parking was difficult and better enforcement was
needed.
City Attorney Drayovitch stated that the present ordinance was a
very difficult ordinance to enforce through the normal Class C
misdemeanor proceedings.
Mike Jez, Chief of Police, stated that the proposed ordinance was
a direct response to a large amount of complaints from the downtown
area. There were a number of individuals who had businesses on the
square or who were employed on the Square who decided that it was
cheaper to pay the parking tickets than it was to comply with the
law. Voluntary compliance had been unsuccessful with individuals
who did business in the area. State employees had indicated that
they would continue to allow their employees to take a break in
order to move their vehicles after two hours. He felt that the
issue needed to be put to rest and was convinced that if two or
three cars were towed, a point would be made.
Sandra White, Municipal Judge, stated that it had been discussed to
raise the fines on the tickets. The problem was that if the fine
was raised, there still would be no ultimate enforcement mechanism.
Mayor Castleberry asked about a plan to increase the fine plus
pursue vigorous collection.
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Agenda No
City of Denton city council Minutes
September 21, 1993 agendalle2
Page 5 Date
47
White replied that the ticket was issued to an automobile and not
to an individual. Because the ticket was not given to an
individual, there were due process problems to complete the
process.
Bill Thomas, Parking Committee- Downtown Advisory Board, stated
that the problem could be solved in 24 hours if the area merchants
told employees where to park and enforced it. Business in the
downtown area was good but there needed to be better enforcement of
the parking in the area. There was not a space problem in the
area, there was an enforcement problem. The Board had been working
on voluntary compliance but had not been successful.
Council Member Brock questioned if whether allowing three citations
in a 12 month period before towing was appropriate. The procedure
might lessen the impact of the threat of being towed.
Thomas replied that everything had been tried to solve this problem
in past years.
Council Member Miller stated that there was no question that there
was a management problem on the Square. He felt that the proposed
towing ordinance would create many other problems in the process.
The proposed ordinance would hurt the shopping on the Square and
was worse than the current problem. He suggested being more
aggressive against violators rather than towing vehicles.
White felt that not too many vehicles would have to be towed before
there was better compliance.
Council Member Perry asked what the merchants thought about the
proposal. This was a very old problem with different types of
remedies and something different might have to be done to solve the
problem.
Mayor Castleberry Stated that he had received a number of calls
regarding the parking problems and at least six individuals did not
want a towing ordinance.
Jez stated that the parking officers were spending 783 of their
time on the square and 453 of all parking violations were written
on the Square.
Council Member Brock stated that she was not ready to abandon
towing at this point but would like the Downtown Committee to have
time to think about the process and keep the proposal open as a
possible solution.
City of Denton City Council Minutes AovdaNo. 9~3 0 _
September 21, 1993 Agendallem 'IF
Page 6 We
50
Council Member Cott suggested speaking with the County government
regarding compliance.
Council Member Chew felt that the cooperation of the employers on
the Square was needed before there was compliance. Most of the
problem was with the business owners around the Square.
Consensus of the Council was to have staff continue to work on a
solution and have a report from the Parking Committee for a further
study session.
5. The Council received an update and held a discussion regarding
the Juvenile Diversion Task Force.
Due to time constraints, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
6. The Council discussed a proposed North Denton Center
Neighborhood Association/ Nor:h Texas Fair Association Task Force.
Due to time constraints, this item was considered during the
Regular Session under Miscellaneous Matters from the City Manager.
7. The Council received a report and held a discussion regarding
a request from the Lake Cities for fire service and gave staff
direction.
Due to time constraints, this item was ccnsidered during the
Regular session under Miscellaneous Matters from the City Manager.
The Council convened into the Regular Meeting at 7:00 p.m. in the
Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tent Smith; Council Members
Brock, Cott, Perry, and Miller.
ABSENT: Council Member Chew
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 Special
Call Session of August 310 1993.
Smith motioned, Perry seconded to approve the minutes as presented.
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AgendoNo_ _
City of Denton City Council Minutes Agenda4em
September 21, 1993 Dale Page 7 D y
47
Council Member Cott asked for a correction on page 19 in the 6th
paragraph which should have read "such a large reserve" instead of
"such a small reserve".
The correction was accepted by Smith and Perry.
Council Member Chew arrived at the meeting.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye',,
Chew "aye", Perry 'laye", and Mayor Castleberry "aye". Motion
carried unanimously.
3. Public Hearings
A. The Council held a public hearin, - and considered adoption
of an ordinance rezoning 3.23 acres of land from single family-7
(SF-7) to the Commercial, conditioned, C(c), zoning district. The
tract was located on the south side of East McKinney Street,
approximately .27 miles east of Woodrow Lane. Z-93-020. (The
Planning and Zoning Commission recommended approval, 6-0.)
Frank Robbins, Executive Director for Planning, stated that this
was a zoning case which was conditioned strictly to a
nonresidential use. This case was one in which a nonresidential
zoning application in a low intensity area was less than the
intensity allocation. Another policy to consider was the half-mile
separation policy which indicated that to avoid strip commercial
development, nonresidential uses should be a half mile apart. The
proposal was approximately 2000 feet away but with the associated
conditions of the case, the Planning and Zoning Commission had
recommended approval. one of the four conditions listed in the
ordinance included a landscape screening buffering on three sides.
The Mayor opened the public hearing.
Roland Vela, petitioner, stated that the proposal was to build a
laboratory on the site and it would be a good building on well-
tended grounds. The other uses of the property would be in keeping
with the uses required by members of his family.
Mayor Pro Tem Smith questioned the other uses which would be
allowed on the property for other members of his family.
Vela replied that he had a son who was an optometrist and a
daughter who had a drafting office. He wanted them to be able to
use the same site if they desired.
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City of Denton City Council Minutes 4gendaNo. Q~
September 21, 1993 AgeedaltAm
3
Page a Date-/Z SA Y167
Council Member Perry asked Vela if he was willing to comply with
the conditions set forth by the Planning and Zoning Commission
which would offset any deviation from the policy.
Vela replied yes.
Council Member Cott stated that bufferyards were not yet part of
the law.
Robbins replied that bufferyards were not part of the landscape
ordinance or any specific ordinance. The landscape ordinance
required only a six foot fence.
Council Member Cott indicated that Vela was not required to have a
bufferyard as part of the requirements especially in this location.
He had estimated that the bufferyard would cost approx $5000 an
acre or total of $14,000 to follow the regulations.
Mayor Castleberry asked what type of laboratory would be built.
Vela replied that it would be an analytical laboratory which would
do analysis on water and soil samples for environmental purposes.
The samples would be small in quantity and would contain no smells
or hazards.
Council Member Miller stated that the existing ordinance did not
contain an MXD but the Planning and Zoning Commission had
recommended the proposal with a bufferyard. Did Vela have a
problem with the conditions set by the Planning and Zoning
Commission.
Vela indicated that he had no problem with the conditions.
No one spoke in opposition.
The Mayor closed the public hearing.
Council Member Cott indicated that he was not against bufferyards
but was against applying an ordinance when it was not the law and
when individuals were required to comply. He suggested not
applying the bufferyard concept until the Council had accepted the
provisions. It was not fair to petitioners to require bufferyards,
even though it was desirable, as the law was not in existence.
Council Member Brock indicated that the present zoning ordinance
allowed for conditions to be added to any zoning case. This was a
conditioned zoning case. This was not a new application at all.
Through the years the Planning and Zoning commission had required
Y
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Agendaltem f
City of Denton City Council Minutes
Septemmber 21, 1993 Date_
Page
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petitioners, especially nonresidential uses in residential areas,
to have certain conditions. Amorg those conditions was that Dr.
Vela could have only a specific list of uses. Another condition
was the buffering. This was not selectively applying a law that
had not yet been adopted but was a continuation of the legal
practice as detailed in the present zoning ordinance.
Council Member Cott stated that this site had many trees and to
require additional buffering was questionable.
Robbins replied that the ordinance would take that into account.
The existing trees would be included as much as possible and not
much additional buffering would have to be planted.
The following ordinance was considered:
NO. 93-168
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.
Chew motioned, Smith seconded to adopt the ordinance with the
conditions indicated by the Planning and Zoning Commission. On
roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
The Mayor presented a proclamation, for National Deaf Awareness
Week.
4. Consent agenda
Perry motioned, Smith seconded to appro,e the Consent Agenda as
presented. On roll Vote Brock "aye", , Lt "aye", Miller "aye",
Smith "aye", Chew "aye", Perry "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
A. Bids and Purchase Orders:
1. Bid 11547 - Fiber Optic Transceivers
2. Bid 11536 - North Lakes Ballfield Lighting
3. Bid 11537 - North Lakes Fishing Pier
4. Bid 01543 - Reroofing at the Denton Electric
Production Plant
j
City of Denton City Council Minutes ApendaNo
___g3
September 21, 1993 Agendailem__ph
Page 10
Dale
_,(D
5. Bid 11545 - Replace Misc. Waterline
6. Bid 11546 - Casco Industr:3s
7. P.O. 137071 - American Management System
8. Interlocal Agreement - City of Greenvillo i
9. Interlocal Agreement - County of Denton
5. Ordinances
A. The Council considered adoption of an ordinance accepting
competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (4.A.1. - Bid 11547, 4.A.6. - Bid
,#1546)
The following ordinance was considered:
NO. 93-169
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
Brock 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.
B. The Council considered adoption of an ordinance accepting
competitive bids and providing for the award of contracts for
public works or improvements. (4.A.2. - Bid 11536, 4.A.3. - Bid
11537, 4.A.4. - Bid 11543, 4.A.5. - Bid 11545)
The following ordinance was considered:
NO. 93-170
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE.
Chew motioned, Smith seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "a;e", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
i
AsgandaNo 93 0-5
City of Denton Ci
September 21, 1993y council minutes Agenda
llem ~S
Page 11 Date_
C. The Council considered adoption of an ordinance providing
for the expenditure of funds for purchases of materials or
equipment which are available from one source in accordance with
the provisions of state law exempting such purchases from
requirements of competitive bids. (4.A.7. - P.O. '37071)
The following ordinance was considered:
NO. 93-171
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE.
Chew motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, llaye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered 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.)
The following ordinance was considered:
NO. 93-172
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.
Smith motioned, Perry seconded to adopt the ordinance. On roll
vote, Brock 'ayell, Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered 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.)
Council Member Chew questioned the cost for the agreement.
Agenda No
City of Denton City Council Minutes Agvt1I9RI
September 21, 1993
Page Rite---
12
Rick Svehla, Deputy City Manager, replied that the cost per gallon
Rick
would be what the City would buy it for and the mark-up for
operational costs would be $.15 per gallon which was similar to
what was charged other City departments.
The following ordinance was considered:
NO. 93-173
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN INTERLOCAL
AGREEMENT BETWEEN DENTON COUNTY AND THE CITY OF DENTON FOR THE
PURCHASE OF FUEL.
Chew motioned, Brock 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.
F. The Council considered 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.
Bob Nelson, Executive Director for Utilities, stated that Dave Ham
would be retiring in October. Ham had been working on the
construction activities of the wastewater treatment plant. Council
had approved eliminating his position for the 1993-94 budget but
his services were needed until completion of the plant. The
contract would include 40 days of service at a price of $40.50 per
hour. The project should be completed by January 1 which was the
termination point of contract.
The following ordinance was considered:
NO. 93-174
AN ORDINANCE OF THE CITY 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 EXPENDING
PUBLIC FUNDS THEREFOR IN AN AMOUNT NOT TO EXCEED TWELVE
THOUSAND NINE HUNDRED SIXTY DOLLARS AND NO CENTS ($12,960.00);
AND DECLARING 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.
AgeedaNo
AgEr~allem ~ fia _
City of Denton City Council Minutes
September 21, 1993
Page 13
G. The Council considered 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 sun 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.
Kathy DuBose, Director of Accounting and Budget operations, stated
that these were unforeseen expenditures experienced during the past
year. They included the additional collection of hotel/motel
occupancy money above the budgeted amount which needed to be
expended. In the Electric fund, Denton was required to increase the
number of hours of generation at the Spencer Plant as a result of
lower generation at TMPA and TMPP pool cities and warmer weather.
This resulted in larger purchases in natural gas and these
increases were not anticipated during the last year budget. In the
warehouse portion of the Working Capital fund, more purchases were
needed in inventory due to the projects of the EPIC hospital and
the Teasley Lane relocation. Those funds were being appropriated
into the 1993-94 budget.
The following ordinance was considered:
NO. 93-175
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.
council Member Miller asked if these funds would have any impact on
balancing the 1993-94 budget.
DuBose replied no.
►f
I
AgeodaNo
City of Denton City Council Minutes Agud;,[le _ ~ `
September 21, 1993 Date 4~
Page 14 n~7
Perry 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.
H. The Council considered adoption of an ordinance
designating depositories for the City funds for a term beginning
October 1, 1993 and ending September 30, 1995.
The following ordinance was considered:
NO. 93-176
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON
DESIGNATING DEPOSITORIES FOR CITY FUNDS FOR A TERM BEGINNING
OCTOBER 1, 1993 AND ENDING SEPTEMBER 30, 1995.
Chew motioned, Cott 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.
I. The council considered 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.
Council Member Chew left the meeting with potential conflict of
interest.
Catherine Tuck, Administrative Assistant, stated that this was a
contract with SPAN to continue to provide public transportation for
demand response and fixed routes. The city received the funds from
the Federal Transit Administration as well as funds from the Texas
Department of Transportation. To that was added a local portion
which, when all combined, funded the public transportation. The
budget included in the backup materials was for a 13 month
operation budget and the figures for 1993 would be higher than
those for the 1994 fiscal year. As the contract was written, SPAN
was the operator for public transportation and was responsible to
the City for all federal and state regulations required of public
transportation as well as reporting requirements asked for by the
City. Ridership indicated an increase in the last four years and
the trollies had made a positive impact on the system, The use of
demand response for the elderly and Handihop was going down due to
the impact of the trollies. Demand response was expensive and as
the trolley routes increased, this trend should continue. The
system had moved from two routes to four routes and this year an
~iP^d3No _~„~._Q~
City of Denton city council Minutes
September 21, 1993 ki
Page 15 tITP Ll~
additional route was included. In 1991 no additional routes would
be added but the present routes would be reviewed every 6 months to
evaluate ridership.
Council Member Perry asked if the elderly and handicapped were as
well served by the trolley as they would be by demand servica.
Tuck replied that SPAN initially had the foresight to add
handicapped ridership with curb to curb service in the beginning of
the service. When the trollies began, they were designed for the
general public as well as the elderly and handicapped. An ADA
requirement was to have curb to curb service for persons with
disabilities. The current SPAN policy was very liberal while the
ADA had very specific requirements for such service.
Council Member Cott thanked Tuck for the budget information as well
as her written and oral presentation for the Council.
The following ordinance was considered:
NO. 93-177
AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON
AND SERVICES PROGRAM FOR AGING NEEDS (SPAN) ; AUTHORIZING THE
MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
Perry motioned, Brock seconded to adopt the ordinance. On roll
vote, Brock "aye", Cott, "aye", Miller "a e'0 Smith "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Chew returned to the meeting.
6. Resolutions
A. The council considered approval of a resolution approving
budget adjustments for fiscal year 1992-93.
Kathy DuHose, Director of Accounting and Budget Operations, stated
that this resolution was for budget adjustments and would clean up
accounts which had unanticipated overages. Most of the needs were
due to termination costs for retirement, the fixed asset inventory
cost as well as the Airport Master Pan. Savings from other
departments would be used to cover the overages.
The following resolution was considered:
City of Denton City Council Minutes Agenda No
September 21, 1993 Agenda Iterq f,2
Page 16
[k318_~(Q~,1r ~
Go 6~
NO. R93-056
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR
1992-93; AND DECLARING AN EFFECTIVE DATE.
Smith motioned, Brock seconded to approve the resolution. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
7. The Council considered appointment of a voting delegate and
alternate voting delegate to the National League of Cities
Conference.
Mayor Castleberry asked if anyone would be present at the time of
the meeting.
Council Member Perry indicated that he would be staying over and
would he present.
Chew motioned to appoint Council Member Perry as the City's voting
delegate.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew "aye", Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered 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.
Council Member Chew indicated that he had nominated Kathy Devine to
the Traffic Safety Commission at the last meeting.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew I'aye'l, Perry "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Council Member Miller indicated that he had nominated Dorothy
Martinez to the Community Development Advisory Committee at the
last meeting.
On roll vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye",
Chew I'aye", Perry "aye", and Mayor Castleberry "aye". Motion
i
carred unanimously.
AgendaNo_
City of Denton City Council Minutes Agun.dallen
September 21, 1993
Page 17 / ~ G y
Council Member Chew indicated that he was not ready for a
nomination to the Electrical Code Board alternate position.
Council Member Perry indicated that he was not ready for a
nomination to the Board of Adjustment alternate position.
Mayor Castleberry indicated that the Juvenile Diversion Task Force
members would be deferred until later in the meeting.
9. Staff Direction
A. The Council considered a proposed ordinance to remove
truck traffic from a portion of U. S. Highway 380.
Rick Svehla, Deputy City Manager, stated that at the last council
meeting two questions were raised regarding this issue. One was
regarding sound wall. The Highway Res!.dent office indicated that
the wall would be let for bid in November with an anticipated 5
month construction period with completion in May of next year.
Another question was regarding a traffic signal at Kings Row and
Loop 288. The last time a traffic count was done, it did not meet
state warrants for signals. He had spoken with the Resident Office
about special warrants and was researching issues such as school
buses, etc. Staff would be counting the intersection again to
determine if the count might have changed. Council might want to
wait with a decision on the ordinance until these items were
completed.
Council Member Miller stated that delaying the ordinance to a date
certain would be difficult for the traffic signal. He had a real
concern for that intersection and would feel better if the traffic
signal were pursued before setting a date certain.
Council Member Cott stated that over-the-road trucks paid a lot of
road tax and suggested checking with the chamber of Commerce before
continuing.
Mayor Castleberry asked if there had been any discussion with the
merchants on U.S. 380 through town.
Svehla replied he did not think so.
Mayor Castleberry felt it would be appropriate to do so so as to
let the businesses/residents know this would be a possibility.
Council Member Brock stated that the proposal would be for through
truck traffic which would not be going to businesses.
City of Denton City Council Minutes
September 21, 1993
Page 18
J'
Svehla replied correct.
Mayor Pro Tem Smith stated that she was concerned about the safety
of people on U.S. 380 with trucks going through intersections.
While the Kings Row intersection was dangerous, there was a
tremendous problem at Nottingham and U.S. 380 and there was a grave
danger of a major accident on U.S. 380 because of the trucks.
While she was concerned for the people on Neptur.a, she felt that
perhaps the truck situation could be acted on as the wall was
started.
council Member Perry suggested that approval of a contract by the
State would be a good trigger to proceed with the ordinance.
Mayor Pro Tem Smith felt that the city was running a risk with
trucks on U.S. 380 at this point in time and encouraged continued
attempts to have a traffic signal at Kings Row. She expressed
concern as to why the City would need to talk with the Chamber of
Commerce as through traffic trucks would not make a difference with
businesses on U.S. 380.
Council Member Cott indicated that the transportation department of
the Chamber had studied many of these areas and was one of the
agencies which helped get the intrastate trucking changed. If all
were partners in the community, then the Chamber should be
informed.
Mayor Pro Tem Smith indicated agreement in obtaining information
from the Chamber but not permission.
Miller motioned, Chew seconded to proceed with the drafting of the
ordinance for consideration at a later meeting. On roll vote, Brock
"aye", Cott, "aye", Miller "aye", Smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
Council Member Miller left the meeting.
10. Miscellaneous matters from the City Manager.
Council returned to the Work Session items not considered earlier
in the meeting.
5. The Council received an update and held a discussion regarding
the Juvenile Diversion Task Force.
Harlan Jefferson, Director of Treasury Operations, stated that four
actions were needed before the Task Force could be assembled. The
first was to update the resolution which established the Task Force
City of Denton City Council Minutes AgendaNo_ 9_3_pa
September 21, 1993 Apidallem S
Page 19 Q3fB D
67
by removing the Concerned Parents Organization which appeared to
have disbanded and the second item was to add the student
representatives from the various high schools and middle schools.
The DISD had suggested that a representative be established from
the Fred Moore Learning Center which was an alternative school for
students with probler!s. The third action required was the
selection of a chair by the council and the fourth item was the
selection of individuals for the currently vacant positions.
Council member Miller returned to the meeting.
Council Member Chew indicated that he would like to have a
representative from the Fred Moore Learning Center included on the
Task Force.
Consensus of the Council was to add a representative from the Fred
Moore Learning Center to the Task Force.
Council Member Miller indicated that Elizabeth Garrett and Carey
Jones had indicated an interest to be on the Task Force.
Mayor Pro Tem. Smith asked if those individuals would fit into any
of the current vacancies or be at-large representatives.
Council Member Miller nominated Elizabeth Garrett to represent a
community based organization as she dealt with the Children's
Place.
Consensus of the Council was to add Elizabeth Garrett to the
community based organization position.
Mayor Castleberry suggested placing Carey Jones in an at-large
position.
Consensus of the Council was to include Carey Jones as an at-large
representative.
Jefferson asked what the Council wished to do regarding the other
changes to the resolution which would be to remove the Concerned
Parents Organization and add four more student representatives.
Council Member Brock suggested Jefferson check with Calvin Evans
before eliminating the Concerned Parents Organization.
Consensus of the Council was to proceed with the amendments. If
Jefferson were able to locate representatives from the Concerned
Parents Organization, then it would remain in the resolution. If
he could not, the organization would be removed. The selection of
i
it
i
~endaMo. -
City of Denton City Council Minutes ApUSeptember 21, ] 993 Dale Page 20 e 7
a chair would be deferred until all representatives had been
selected. Nominations for the remaining vacant positions would be
done during the second meeting in October with finalization at the
third meeting in October.
6. The Council discussed a proposed North Denton Center
Neighborhood Association/North Texas Fair Association Toak Force.
Rick Svehla, Deputy City Manager, stated that during the Council's
discussions regarding the Fair, there was a proposal to have this
item on a work session for discussion.
Council Member Perry read a proposal to Council which was included
as part of the agenda back-up materials.
Council Member Cott asked what would be the purpose of the Task
Force.
Council Member Perry replied that it would continue the efforts
already started and had been in progress for several years.
Council Member Cott asked what were th3 efforts.
Council Member Perry replied to operate the Fair and related kinds
of activities in such a way so as to take into the account the
needs of the neighborhood as well as the fair Association,
Mayor Castleberry stated that he would like to ask the Fair
Association to provide Council with a list of activities which were
on a regular basis that might require a noise variance so that
Council could consider them all at one time. Any irregular groups
would be handled separately,
council Member Cott stated that that would be a legitimate
approach. There had been good independent reaction recently. He
would not be in favor of an organization which wcald have veto
power over the Board.
Council M-,;,;tier Perry stated that there would be no veto power and
that he was looking to continue
Council Member Cott stated that if there were a committee....
Council Member Perry indicated that he had the floor and continued
that he was looking to continue the good work which had been done.
Council Member Cott felt that if the Association and neighborhood
were left alone, the good results which happened during the Fair
Age:1d3No
City of Denton city council minutes -
21, 1993 6'J
Page 21
would continue. He did not see any particular problem in the area.
Council Member chew indicated that there was a problem in the
area...
Council Member Cott asked what was the problem.
Council Member Chew replied there was a litter problem, a traffic
problem and a noise problem. He felt the best way to work out
those problems would be with a task force....
Council Member Cott stated that they already had.
Coun--il Member Chew stated that not all of the problems had been
worked out.....
Council Member Cott stated that for the 30 days during the Fair,
there were 960 police calls with a total of 30 at the Fair. There
were 95 arrests in the City and of the 50,000 people who attended
the Fair, there were only 4 arrests. This had become a hostile
situation and was not a cooperative situation. This had been well
along the wsy to being corrected. Ns felt that the Mayor's
suggestion was right as to the list of activities needing a noise
exemption.
Council Member Chew asked for the floor back as council Member Cott
had interrupted him. He asked that a task force be given a chance.
He had been at the Fair when the nursing home driveways were
blocked as he could not get into one of the homes. Something
better was needed to be worked out than what was in the past. This
would be a good time to begin such discussions and work out a
solution to the overall problems of the area.
Council Member Miller stated that the City Manager had communicated
that there was an individual he had worked with in Missouri who was
now a professional mediator. This individual had offered his
services to the City of Denton without a fee for any issue which
the city would like to address. He suggested working with the City
Manager to see what kind of design this individual would come up
with to bring the two parties together. This was not a
neighborhood issue or Fair issue but a caa-munity issue. A study
session could be held with this individual to see what he might
recommend.
Council Member Chew agreed with Council Member Mil]ex that this
might be an ideal solution with a task force.
City of Denton City Council Minutes ;d
September 21, 1993 Agcnda!(em
Page 22
lo~~ l/ 67
Council Member Miller stated that he was not suggesting a task
force at this point. He was suggesting a study session and from
that perhaps go with a task force.
Mayor Pro Ter. Smith felt that this would be a good idea. An outside
view point might be needed at this time. She was hesitant to see
a task force with a Council Member as chair as it might set a
precedent. The chair should be a separate individual or elected
from the group with perhaps co-chairs.
Council Member Perry stated that there were Council Members who
were chairs of all kinds of committees. He did not feel that a
mediator was necessary. He felt that the people of Denton would
work out their own problems especially since this area had been in
that process for some time.
Council Member Miller stated that a mediator would not solve the
problems. The people would do that with the help of an outsider
who would help the people understand the issues and work together
for solutions.
Mayor Castleberry indicated that the consensus of the council was
to have the City Manager have the individual present for a work
session and discuss the issue further at that time.
7. The Council received a report and held a discussion regarding
a request from the Lake Cities for fire service and gave staff
direction.
Rick Svehla, Deputy City Manager, stated that the City had been
approached by several members of Lake Cities requesting Denton
provide fire service other than the EMS service it currently was
providing. Staff indicated that the r1ity would be open to a
meeting regarding the issue but also indicated that any proposal
would need Council approval. There were several cities interested
in discussing the acquisition of services from Denton. Staff
indicated that services would be on a paid basis and not gratis or
at a detriment to the City of Denton. This was a complex issue and
would not be resolved in the near future. Time was needed to
discuss what services would be provided and the costs associated
with those services. He felt it would take a minimum of 90 days to
resolve some of those issues. He suggested continuing discussions
with the direction for cooperation but not to present any detriment
to the City of Denton.
Council Member shock stated that the number one consideration would
be that the City had adequate coverage.
a
City of Denton City Council Minutes ~ge~daNo
6
September zl, 1993 4pendalleml...911
Page 23 We
Svehla replied that additional manpower and equipment would be
needed and that the City of Denton was not volunteering to fund
those items.
Mayor Castleberry indicated that he would like to look at the
issues with the possibility of working out an agreement.
Consensus of the Council was to continue with discussions with Lake
cities.
b. Svehla indicated that the DISD had suggested a joint
luncheon on either October 6 or October 20.
After discussion, the Council suggested October 20th for the joint
luncheon.
11. There was no official action taken on Executive Session Items
discussed during the Work Session Executive session.
12.New Business
The following items of New Business were suggested by Council
Members for future agendast
A. Council Member Miller stated that he agreed with the City
Managers comments relative to the TI plant.
13. There was no Executive Session held during the Regular Session.
With no further business, the meeting was adjourned at 8;50 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON$ TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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"C. DAVID xMli
WHEREAS, on1 September 70, 19931 C, DavidorNat m resigned
1 after
s a Deparof tcontment)inued service f he wet•r/waste-
and
UMEREAS, during the past 11 years, C, David Ham has repre-
sented our City in the water/Wastewater Divikion as
an example of a quality service em;)loyeel and
WHEREAS, the citizens of Denton have realized an eVer-in-
creasing loyal of a rvice as a result of the direc-
tion provided by C. David Ham ■erving in the capa-
City of Director, Water/wastewater Utilities) and
WHEREAS, the City of Denton has been fortunate in having
enjoyed the dedicated and outstanding service of C.
David Ham and wishes to recognize same)
WHEREAS, C. David Ham has always served above and beyond the
efficient discharge of his duties in promoting the
welfare and prosperity of the city, and has earned
the full resPact of his fellow employees, col-
leagues and citizens of Denton) NOW THEREFORE,
IRE CITY COUNCIL OF THE CITY OF DENTON HEREBY RESOLVESt
That the sincere and warm appreciation of C. David
Ham, felt by the citizens and officers of the City
of Denton, be formally conveyed to him in a perma-
n
ent manner by recording this Resolution upon the
official minu the of
DentonI T xasLeandttorwardtingotochimtattrueitcopy
thereof as a token of our appreciation.
PASSED AND APPROVED this the
day of
1991.
I
B08 CASTLEBERRY, HAYOR
ATTEST=
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORHt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYt
.~C ITY~
-'-COUNCI
dpoa4 aQ7 ~v
t
~0~' DOOV
OGG
4' ¢
~enCa No
agenoa~t
CITY COUNCIL REPORT /
TO: Mayor and Members of the City Council el - /
FROM: Lloyd V. Harrell, City Manager
DATE4 October 5, 1993
SUBJECTS Street Closing Request for a PTA fundraiser at Oinnings
Elementary School on Friday, October 15, 1993
RECOMMENDATIONS
To temporarily close Sun Valley Drive, from Yellowstone Street to
Stuart Road, on Friday, October 15, from 200 p.m. to 11500 p.m.
for the Oinnings Elementary School PTA Fall Festival.
SUMMARYS
The Fall Festival is a fundraising event for the dinnings
Elementary School PTA and is scheduled for Friday, October 15. Me.
Debbie Beyea, representing the PTA, has requested that the street
be closed to provide adequate space and safety for those in
attendance. The event will be held on the front grounds of the
school. The time period includes set up and clean up time for the
PTA.
The tenants and property owners affected by this closure have
signed the attached petition. One tenant has not been reached
although several attempts have been made by Me. Beyea. Me. Beyea
will continue to t:.y to make contact with the tenant prior to the
City Council meeting.
Both the Police Chief and Fire Chief have been advised of this
event and have no safety concerns with this temporary street
closure.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED,
r
iLloyd . HarrelCity Manager
Prepared byS
Catherine E. Tuck
Administrative Assistant
ii\woocs\reeo\sunvaII.r
AgaodaNo~ .
Agenda 119
RESOLUTION NO. IN 1e•---f¢r
A RESOLUTION TEMPORARILY CLOSING SUN VALLEY DRIVE BETWEEN TUART
ROAD AND YELLOWSTONE STREET ON FRIDAY, OCTOBER 15, 1993; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Debra Beyea, representing the Ginnings Elementary PTA,
is requesting that a portion of Sun Valley Drive from Stuart Road
to Yellowstone .Street, a public street within the corporate limits
of the City of Denton, Texas be temporarily closed to public
vehicular traffio between the hours of 2:00 p.m, and 11100 p.m, on
October 15, 1993, for the purpose of having a fund raising event;
and
WHEREAS, the residents of Sun Valley Drive, from Stuart Road to
Yellowstone Street, having signed and presented the City Council
with a petition agreeing to the temporary closing of Sun Valley
Drive; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION _h That Sun Valley Drive from Stuart Road to Yellow-
stone Street, a public street in the corporate limits of the City
of Denton bri temporarily closed to vehicular traffic from the hours
of 2100 p.m. and 11:00 p.m. on October 15, 1993, for the purpose of
having a fund raising event.
SECTION 11, That the City Manager shall direct the appropriate
City Department to erect barricades at Stuart Road and at Yellow-
stone Street, at 2:00 p.m, and to have the same removad at 11:00
p.m. on said date.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM1
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY 3
R
s
t
i
RE VEST rea STREET CL09Cl! al~8m r"iS1J
1e
organization Requesting street Closures nJA/tn1G S O 9
EL~mer~,~u~
Contact Persont~ Ede li RC ts6
Address: 20 SUM VALbe~
Phone Number: 3 - 34S
Street To Be Closedt_ svfI V14LL y
Date and Time To Be closed: OC.TOBEg 15' ;1993 2' IJ PM.
Intersecting Streets: )E94UWSM E ANb M#xr A0
Reason For Closure: PALL 71Y L OP84A."a-'a 4d/,A
Please complete the lower portion of this form, ALL property owners and/or
tenants affected by the street closure MUST be contac"id and must sign below with
an indication of being in favor or in opposition to the street closure.
r
Name of Pr rt owner/ Address Authorized Favor/ `
of Property si nature oppose
1. Ann( ~ru(~ tm j61 Sid mai/ ~ct Vo r
1. 803 Su4 Mats (AlAt r
~k 3. 807 $udl lie
6._ Z~ nU tl~zc~ NS SdsyOkV y v
7 1 Sin/ v4q
8. WO)ILI 0 r &1 504 VAa '
9. 115504 " V
16, z o Aurt ~ n LgeL
AMMOO 0FC
SCy tX~4c /9~7'f;~1'TS /YtI}9t' Ta Cc~rrF cr I~ S i Dt~vT'~ wlu f etiY, a
Agenda No
REQ[.71~ST FOR STREET CLQ ~ m
Organization Requesting Street Closurer Dule
L^/~~~
PrA
Contact Personr 7 die
Addr.eso r 21D 5VIV A'
Phone Number
Street To Be Closedi__ 5,ul) V'+u'ry
Date and Time To Be closedi_ QCn6e& /5+ 1993 2-/~ A/r1;
Intersecting Streets: _Ye'U& S7-6WC /}NC) SX)oW RI),
Reason For rer #Ct AYS7-IVA,
Please complete the lower portion of this form, ALL property owners and/or
tenants affected by the street closure MUST be contacFe3 and must sign below with
an indication of being in favor or in opposition to the street closure.
Name of p16VArty owner/ Address Authorised Favor/
Tenant of Property Signature 000000
I Fe IL, A t i EN Al. 903 d/3 ?JS" 1 vu 1
c cc ~7!✓cK
z. Au N 07 Vo ~&d ✓ 0113
3. 7'R 1D r.7oy,J pf /T' d t~ Y
. 8zo F0N
S. Principal Ginnings Element ry School
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7.
8.
9.
10.
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Date
D
CITY 010LNT0N, TEXA8 MUNICIPAL BUILDINO / 215E McXINNEY / DENTON, TEXAS 76201
E
XZKORAINDUX
DATES October 11 1991
TOS Lloyd V. Harrell, City Manager
FROM$ John F. McGrane, Executive Director of Finance
SUBJECTS CERTIFICATES OF OBLIGATION
This ordinance provides for the "Intent to Sell Certificates of
obligation." $1,055,000 of the Certificates will be utilized for
renovation of city buildings including the Denton Municipal Center,
City Hall West, and City Hall. In addition $1,650,000 will be used
for engineering and land acquisition costs associated with the now
landfill.
If you need any additional information, please advise.
JTMcOta!
ArV00790
8171566.8200 D/FW METRO 434.2528
a
i
a
CERTIFICATE FOR Agenda No
q~ PP tjM /e
ORDINANCE DIRECTING THE PUBLICATION OF NOT 1'C
TQ_ISSUE CERTIFICATES OF OB IG TION OF T dbhT nF7 pENTO W--J/rf'
THE STATE OF TEXAS = a 5
COUNTY OF DENTON t (`/J}
CITY OF DENTON
We, the undersigned officers of said City, hereby certify as
follows:
1. The City Council of said City convened in REGULAR MEETING
ON THE 5TH DAY OF OCTOBER, 19930 at the Municipal Building (City
Hall), and the roll was called of the duly constituted officers and
members of said City Council, to-wit:
Jennifer K Walters, Bob Castleberry, Mayor
City Secretary Margaret Smith, Mayor Pro Tem
Harold Perry Euline Brock
Jerry Cott Jack Miller
Mark Chew
and all of said persons were present, except the following
absentees:
constituting a quorum. Whereupon, among other business, :the
following was transacted at said Meeting: a written
ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON
was duly introduced for the consideration of said City Council and
duly read. It was then duly moved and seconded that said Ordinance
be passed; and, after due discussion, said motion, carrying with it
the passage of said Ordinance, prevailed and carried by the
following vote:
AYES:
NOESt _
ABSTENTIONSt '
Ordinance That a d tate,the full, Meetingc described p in of the the
above aforesaid and
foregoing paragraph is attached to and follows this Certificates
that said Ordinance has been duly recorded in said City Council's
minutes of said Meetings that the above and foregoing pparagraph is
a true, full, and correct excerpt from maid City Councils minutes
of said Meeting pertaining to the passage of said Ordinances that
the persons named in the above and foregoing paragraph are the duly
chosen, qualified, and acting officers and members of said City
Council as indicated thereint and that each of the officers and
members of said City council was duly and sufficiently notified
t
Ace%Ao
Agendallem_
and ~ 5.
officially and personally, in advance, of tto~ Ft~te6"' Mm~; P e aj
purpose of the aforesaid Meeting, and that said ordinance would be.i
introduced and considered for passage at said Mestingt and that
said Meeting was open to the public, and publio notice of the time,
place, and purpose of said meeting was given, all as required by
Chapter 5510 Texas Government Code.
3. That the Mayor of said City has approved, and hereby
approves, the aforesaid Ordinancef that the Mayor and the City
secretary of said City have duly signed said Ordinancet and that
the Mayor and the City Secretary of slid City hereby declare that
their signing of this certificate shall constitute the signing of
the attached and following copy of said Ordinance for all purpoess.
SIGNED AND SEALED the 5th day of October, 1993.
-'qty secretary Mayor
a
(SEAL)
We, the undersigned, being respecti,uij the City Attorney and
the Bond Attorneys of the City of Denton, Texas, hereby certify
that we prepared and approved as to legality the attached and
following ordinance prior to its passage as aforesaid.
I
My ttorney
Bond Attorneys
4
Age 3ti'o
ORDINANCE NO. 93 A~C'i081iAm, l°
ORDINANCE
DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUH-~
CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON
THE STATE OF TEXAS s
COUNTY Or DENTON t
CITY OF DENTON s
WHEREAS, it is deemed necessary and advisable that Notice of
Intention to Issue Certificates of Obligation be given as
hereinafter provided.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSs
Section 1. That attached hereto is a form of "NOTICE OF
INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF
DENTON", the form and substance of which are hereby adopted and ap-
proved.
Section 2. That the City Secretary shall cause said NOTICE,
in substantially the form attached hereto, to be published once a
week for two consecutive weeks in a newspaper of general
circulation in the City, with the date of the first publication to
be at least fifteen (15) days before the date tentatively set for
the passage of the ordinance authorizing the issuance of such
Certificates of obligation.
THE STATE OF TEXAS : AgeidaNlo.
COUNTY OF DENTON
CITY OF DENTON
NOTICE OF INTENTION
TO ISSUE CERTIFICATES OF OBLIGATION
OF THE CITY OF DENTON
THE CITY OF DENTON, in Denton County, Texas, hereby gives
notice of its intention to issue CITY OF DENTON CERTIFICATES OF
OBLIGATION, in accordance with the Certificate of Obligation Act of
1971, as amended and codified, and other applicable laws, in the
maximum principal amount of $2,705,000 for the purpose of paying
all or a portion of the City's contractual obligations incurred
pursuant to contracts for the construction of public works, to-wits
(1) renovating certain municipal buildings of the City and (2) the
purchase of land and construction of a landfill situ and also for
the purpose of paying all or a portion of the City's contractual
obligations for professional services of engineering, attorneys,
and financial advisors in connection with the above contracts and
said Certificates of Obligation. The City proposes to provide for
the payment of such Certificates of obligation from the levy and
collection of ad valorem taxes in the City as provided by law, and
from certain revenues derived by the City from the ownership and
operation of the City's Utility system (consisting of the City's
combined waterworks system, sanitary sewer system, and electric
light and power system). The City Council of the City tentatively
proposes to authorize the issuance of such Certificates of
obligation at a meeting commencing at 7:00 p.m. on the 2nd day of
November, 1993, in the City Council room at the Municipal Building
(City Hall), Denton, Texas.
CITY OF DUTON, TEXAS
By Jennifer K. Walters,
city secretary
i
=CITY.
=C0UNCI
6 04~
THE
a
G N t ~ 4,O~V
GGG'
DATE: October 5, 19931N0
CITY CO ~NCIL REPORT h~eedal(
TO: Mayor and Members of the City council r+ / ~v2
FROM: Lloyd V. Harrell, City Manager v
SUWECTI Rezoning 50.041 acres to the Agricultural (A) zoning
district, from a Planned Development district (PD-13).
RECOMMENDA=-
The Planning and zoning commission recommended approval, by
a 6-0 vote, at its 9/8/93 meeting.
SUMMAR}C:
See attached report.
BACKGROUND:
See attached report,
' PRONG nM_S. DEPARTMFNTC nc nnnnr~S AF~CTED.
Property owner.
FISCA :
Ilona.
Rasps ullly submitted:
U
Prepared by: Lloyd V. H ~ f Manager
arrell, Ci
G. Owen Yost, AS V
Urban Planner
Approved:
F ank H. "Robbins CP
Executive Director
Planning and Development
AXX0046C
PLANNING & ZONING COKNIBB,NjpdjjPORT-
Agendalte
Date 14/-
To: Mayor and members of the City Council
Case No.: Z-93-021 Meeting Date: October 5, 1993
GENERAL
INFORMATION
Applicants Michael C. Ramos
First State Bank Bldg., Ste. 724
Denton, TX 76202
Current Owners Austin Baker
201 Exposition St.
Denton, TX 76201
Requested Aotionl
Rezone a 50.041 acre tract to the agricultural
(A) zoning district, from a Planned Development
district (PD-13).
Location and Size:
The 50.041 acre tract (gross) is located at the
northeast corner of University Dr. (Hwy. 380)
and Marshall Road.
Surrounding Land Use and Zoning:
North - Residential land use on agricultural (A) zoned
land.
South - The right-of-way of Hwy. 380, across from which
is undeveloped land and a private school on
agricultural (A) zoning.
East - A piece of light industrial (I1) land on which
are offices for a petroleum marketers and the
right-of-way of the AT&SF Railroad, across
from which are mixed commercial/retail uses.
West - Residential land use on agricultural (A)
zoning, in what is known as Ranch Estates.
Denton Development Plant
Low intensity area No. 17, which is 81%
allocated.
b
4endaNo
Cass Z-93-021 aeidallem -44--
October 5, 1993
Page 2 +I+ _ ly
SPECIALINFORMATION
Transportations
No negative increase in impact
Utilities,
No increase in demand
Drainages
No negative increase in impact
others
If development takes place, platting will be required.
HISTORY
When zoning was adopted in 9, the land was designated
for agriculture (A). The Pla1nn96ed Development (Attachment
2), showing cluster housing was approved by the city
Council on 12/5/72, but without an ordinance. However,
nothing has been developed on the site. The current
downzoning request would allow the keeping of livestock
on the site, which the Planned Development does not.
ANALYSIS
The 50.041 acre site is in an underallocated low
intensity area. It would be allocat9d 3002.46 intensity
trips (50.041 x 60).
Since the Denton Development Plan does not assign
intensity trip usage for undeveloped/agricultural land,
this land retains its basic allocation of 60 trips per
acre. The Planned Development is within its intensity
allocation, as is the proposed rezoning.
RECOMMENDATION
The Planning and Zoning Commission recommended approval
of Z-93-0210 by a 6-0 vote at its September 8, 1993
meeting.
i
AgendaNo -D3je
Case 2-93-021 Agendafte s #
October 5, 1993
Page 3 CIE
ALTERNATIVES
1. Approve petition
2. Approve petition with conditions
3. Deny petition
4. Postpone
ATTACHMENTS
1. Location Map
2. PO-13 plan
3. P62 minutes
4. Data: Intensity Area No. 17
5. Draft ordinance
AXX0046D
i
Ida I
ATTACHMENT 1 Elate
Z-93.021 Ramos NORTH
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LINIYCNSi r WE
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Location Map
Date; 8/26193 Scala None
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FRIENDSHIP VI1 LAr3E CLUSTER HOMES
gendaNo
ATTACHMENT 3
Planning and Zoning Commissiond2~1e
Minutes
September 8, 1993
The regular meeting of the Planning and Zoning Commission of the
City of Denton was hold Wednesday, September 8, 1993, in the
Council Chambers of City Hall, 215 E. McKinney
PRESENT FROM P&Z: Chairman Engelbrecht, Mike Cochran, Katie
Flemming, Mary Evelyn Huey, Dick Norton,
Barbara Russell.
ABSENT FROM P&ZS Richard Cooper
PRESENT FROM STAFF: Frank Robbins, Executive Director of Planning
and Development; Owen Yost, Urban Planner)
Mike Bucok, Assistant City Attorney; David
Salmon, Assistant City Engineer; Gerald
Cosgrove, Engineering Administrator,
Water/Wastewater; Cindy Cranford, Secretary.
Chairman Engelbrecht called the meeting to order at 5t15 p,m.
1. Consider approval of the minutes of the regular meeting of
August 25, 1993.
Dr. Huey moved to approve the minutes as written. Mr. Cochran
seconded and the motion carried unanimously {6-0).
II. Hold a public hearing to consider a request by Michael Ramos
to rezone 50.041 acres from a Planned Development zoning
district to an Agricultural (A) district. The tract, located
at the northeast corner of University Drive (Hwy 380) and
Marshall Road.
STAFF REPORT: by Owen Yost
Mr. Yost reported that the application was presented on behalf
of the owner, Austin Baker, for a down zoning to Ag. The
current PD allows for cluster housing. The area is in a low
intensity area. No change will be required to the
infrastructure. when the land was zoned in 19690 the land was
designated for Agricultural. Cluster housing was approved in
1972, but without an ordinance. Nothing has been developed on
the site. The current down zoning would allow for livestock
on the site.
PETITIONER: Not present
IN FAVOR; None
IN OPPOSITION; None
S
u
a
3
Planning and Zoning Commission Agenda No 93'03
Minutes for 9/8/93 AgendaI
Page 2 Q31B__
RECOMMENDATION: Staff recommended approval Z-93-021
Public hearing was closed.
Mr. Cochran moved to approve Z-93-021. Barbara Russell
seconded anal the motion carried unanimously (6-0).
III. Hold a public hearing to consider a request by the city of
Denton for an amendment to a detailed plan for a portion of
Planned Development No. 16. The 3.396 acre tract is located
approximately 640 feet south of Teasley Lane, on the west aide
of F.M. 2181.
STAFF REPORT: by Owen Yost
Mr. Yost reported that the site was for a new branch library
and a newly constructed fire station. It is a portion of PD
16. There will be no negative changes in the infrastructure
requirements. On 1/9/92 a Detailed Plan was approved by the
City Council amending approximately 11.2 acres of PD-16, in
part for use as a City of Denton fire station and branch
library. The proposal is a further refinement of the approved
detailed plan. The proposed plan shows a reconfigured parking
lot and lowers the maximum height of the building from 45 feet
to 30 feet.
Dr. Huey asked what will be changed.
Mr. Yost said the footprint for the fire station and the
library is being changed. There will be parking closer to the
building and the landscaping has been changed on the plans.
The architectural treatment for the main entrance between the
two buildings will be a little different.
Eva Poole, Library Director explained about the parking.
IN FAVORS None
IN OPPOSITION: None
RECOMMENDATIONS Staff recommended approval of Z-93-016.
Public hearing was closed.
Dr. Huey moved approval of Z-93-016. Mr. Cochran seconded and
the motion carried unanimously (6-0).
IV. Consider easement abandonment on Lot SR, Block 1 of the Santa
Fe Addition,
4
ATTACHMENT 4 -seta 0 --L ~
Agveaite ,v.
TAND USE MANAGEMENT INFORMATION SYSTQ*, x) 6
PLANNING AND DEVELOPMENT DEPARTMENT
CITY OF DENTON
Intensity area - 15
Traffic survey =ones, 669~e, Low -------Intensity trips/A - 6C
Boundary Descriptions Norths A line that runs 800 ft.s.to FM 1173
Date, 11/21/89% South, Nxy 380
East, Atcheson, Topeka 6 Santa Fe Rairoad
Nests Lovers Lane and Mausch Branch Road
LAND USE EXISTING LAND USE CURRENT ZONING PLANNED DEVELOPMENTS.
CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSI1
72 187.45 720
SF-10>16 p 0 0 0 0 0 0
SF-7>30
LESS SF-7 0 0 0 0 0 44.76 264 2640
MOS.HON£S 4 2 0 0 0 0 0 C
DUPLEX 40 0 0
MF-R 0 0 0 0 0 0 0 C
0 0 0 0 0 0
MF-162 0 0 0 0 0 C
COM/RET 0 3.6 0 5 2372. 0 5 0 0
OFFICE 0 0 0
INDUSTRY 0 0 0 0 0 C
I
PARM NSTI'NAL 0 4.501 383.35 0 C
RIG/SPACE 0 0 0 0 0 C
0 0 C
TRANSPORT 0 30'89 0 0 0 0 C
AGRIC. 0 0 659.32 0 0 0 C
VACANT O 704.08 0 0 0 0 0 0
0 C
76 -
C
937.08 3516 659.32
0 44.76 264
INTENSITY CALCULATIONS
III Intensity area total trips 937.08 times 60 56225
2 Trips allocated to existing land uses (built) 361E
3 Trips allocated to current toning incl. P Ds (not built) 1640
4 Trips allocated to vacant lends not tonod plus A ric. toning 39$59
5 .Estimated unallocated intensity trips
(1}m nue(2)t(3)r(4 10511
6 Percentage of intensity trips allocated 81
k
M
A
J
i
JI\wpdOCS\ord\ramos.0
ATTACHMENT 5 gB^d3~d4__9~
kx1F /D_~3~Q-~
ORDINANCE NO. A)
ANIN 2 ORDINANOCF E 5OF0THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE
0NINC ,041 ACRES OF LAND LOCATED ON THE NORTHEAST CORNER
OF UNIVERSITY DRIVE (HIGHWAY 380) AND MARSHALL ROAD, FROM PLANNED
DEVELOPMENT N0. 13 (PD-13) ZONING DISTRICT CLASSIFICATION TO
AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNA-
TION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2000 FOR
7I0LATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Michael C. Ramos has applied for a change in zon-
ing for Planned Development No. 13 (PD-13) consisting of 50.041
acres of land by rezoning such acreage from Planned Development
(PD) to Agricultural (A) zoning district classification and use
designation; and
WHEREAS, on September 8, 1993, the Planning and zoning commis-
sion recommended app.oval 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 ORDAINS3
SECTION I, That the zoning district classification and use
designation of the 50.041 acres of land described in Exhibit "A",
which is attached hereto and incorporated herein by reference, is
changed from Planned Development (PD) zoning district classifica-
tion to Agricultural (A) zoning district classification and use
designation under the comprehensive zoning ordinance of the City of
Denton, Texas,
=71D II. That the City's official zoning map is amended to
show the change in zoning district classification.
~ECTIi OII, That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Each shall consti ute a t eparate a ovi d dion of is violated
SECTION Iy, That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
i
pub 1
s hereby directed to cause the caption of this ordinance to be
papersofd thtweice in
City ofep nDenton ton, Texas, Record-Chronicle, ltent (10)f days of news-
date of its passage.
i
Page 1
Agenda No
Agandalte+~ ~7Q,_
(pia. ~Q Q~
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY, NAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM1
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Page 2
. a
(Exhibit A)
AgOIO No
RAMOS DESCRIPTION Ag91ddlle~
Me --1~
/ cv
BEING a 50.041 acre tract of land situated in the B.B.B. i C.R.R. Co. urvey,
Abstract No. 141, Denton County, Taxes and being all of that certain tract of
land conveyed to Resolution Trust Corporation, in its capacity as receiver for
Colonial Savings Association of America an described by deed recorded in Volume
2785, Page 0103, Real Property Records of Denton County, Texas (R.P.R.D.C.T.),
said 50.041 acre tract of land being more particularly described as follows:
BEGINNING at a 1/2-inch iron rod net for the point of intersection of the
northerly right-of-way line of vs S. Highway 380 (a variable width right-of-way)
with the center of Marshall Road (a public road with a variable width right-of-
way) and being the southwest corner of said certain tract of land recorded in
Volume 2785, Page 0103, R.P.R.D.C.T.1
THENCE North 00133117" Best with said public road a distance of 3303.25 feet to
a 1/2-inch iron rod net for corners
THENCE North 89948'55" East, at a distance of 20.9 feet passing a 4-inch steel
fence corner post and continuing in all for a total distance of 1333.02 feet to
a 1/2-inch iron rod found for corner and being in ■ curve to the right having a
radius point that bears South 56046119" West i distance of 7491.70 feet and being
in the westerly right-of-way line of the Atchison, Topeka, and Santa re Railroad
is variable width right-of-way);
THENCE along the westerly right-of-way line of said Atchison, Topeka, and Santa
re Railroad the followings
Southeasterly with said curve to the right through a central angle of
05039110" for an arc distance of 739.13 feet, a chord bearing of South
30024106" East and a chord distance of 738.83 feet to a fence post found for
cornarl
South 17037,14* test a distance of 139.27 feet to a fence post found for
corner in the easterly line of the aforementioned B.B.B. R C.R.R. Co.
Survey
THENCE South 00101120" West with the easterly line of said B,B,B. 0 C.R.R. Co.
Survey a distance of 572.94 feet to a fence corner post found in the northerly
right-of-way line of the aforementioned U, S. Highway 380
THENCE along said northerly right-of-way line an followei
North 88439107" West a distance of 96.55 feet to a broken concrete right-of-
way marker found for corner)
North 87059122" West a distance of 493.05 feet to a broken concrete right-
of-way marker found for cornsrl
South 89022137" West a distance of 505.26 feet to a broken concrate right-
of-way marker found for corner
North 88020'(X)" West a distance of 667,30 feet to the POINT Of BEGINNING,
CONTAININO a computed area of 2,179,775 aquare feet or 50.041 acres of land of
which 0,745 of an acre lies within a public road,
AAAOSA85
COUNCI
4
~ oy
~C
a`
Oro ~ 4'4000.
0 GC p~
~I
i
i
t
AgBAfliNo._.~~'
agenda~tert~z~-~-
~~c8c
ORDINANCE NO.
AN ORDINANCE ACCEPTING A cOMPE7ITIVE BIDS AND AWARDING A CONTRACT
I
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 the herein described bids are
esthe
lowest responsible bids for the materials, pg pnvent
services as shown in the "Bid Proposals" submitted therefor; and et fo WHREAS, oft funds has provided in the Cit
used for the purchase ofdthe mar
the apppp p roved and accepted
terials, equipment, supplies or services app
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS;
I
SECTION I. That the numbered items in the following numbered
bids for materials, equipment, supplies, or services, shown in the
"Bid Proposals" attached hereto, are hereby accepted and approved
as being the best responsible bids for such items:
BID ITEM
NUMBER NO. VENDOR AMOUNT
1540 ALL PALMER PAPER COMPANY EXHIBIT A
EXHIBIT A -1
1544 1-19 CUSS EXHIBIT A -2
1544 20-23 CUMMINS EXHIBIT A -3
1544 24"36 TALE EXHIBIT A -4
1544 37,39,40-45 TPKP1~ EXHIBIT A -5
1544 46,47 CUMMINS
SECTION ii. That by the acceptance and approval of the above
numbered Stems of the submitted bids, the City accepts the offer of
the persons submitting the bids for suchiee m oran agrees in
purchase the materials, equipment, supPl quantities
accordance with the terms, specifications, standards, and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
AgendaNo_ Q.3--
Agendaltem,._ S ~
_1d~
Date
SECTION III. That should the City and persons submi ng 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
ATTESTi
JENNIFER WALTERS, CITY SECRETARY
BYE
APPROVED AS TO LEGAL FORMI
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BYI
i
BID # 1540
BID NAME PAPER(OFFICE 8 PALMER
XEROGRAPHIC) PAPER
PEN DATE AUGUST 26, 1993 EXHIBIT A
-_VENIJOR
1. 356 CS 8.6X11" WHITE VIRGIN 20# $18.25
BOND
2. 520 CS 8.6X11" WHITE VIRGIN 20" $19.60
BOND 3-HOLES DRILLED
3. 60 CS 8.6X14' WHITE VIRGIN 20# $23.75
BOND
ALTERNATES
(RECYCLED STOCK)
1A 360 CS .5X11" WHITE RECYCLED 20# $21.60
BOND
2A 520 CS .6X11' WHITE RECYCLED 20* $22.30
BOND 3-HOLE DRILLED
3A 50 CS .6X14" WHITE RECYCLED 20# $27.45
BOND
t9
SAMPLES YES
d T./
DELIVERY 14 DAYS CD
ALL OR
NONE
agenda No --Q~:~.~
p9cadalle ~'S ~ ~
LY3ie_ /D ~
EXH=B2T "A`• ~
ITEMS VENDOR
A -1 1-19 WESCO
A -2 20-23 CUMMINS
A -3 24-36 TEMPLE
A -4 37,38,40-45 TEMPLE
39 EXCLUDED
A -5 46 & 47 CUMMINS
~I
CID 0 1311
A -1 RID NAME QLQC11iICMP.11!R,GTAND en~d{;a N~o___1 tn~~1
Mli'l SOCKIITS ~en °j
OPEN DAlli Sp.P'Il'IM iM13ER 9, 1993
Ig
OtY DPSCRIPt1ON
_ „ _ VRNUUR
1 10 _ - MI!'Il!k f1Lp)
2 IU MIMAO
3 100 Mlill"' 826.00
i 50 Minut 311010
3 / MQ'llill 1167,00
A 12 MQT1;R
!233.00
7 23 MQT1iR 1237.00
6 20 MIiT7iR !213.00
9 6 Mli713R !233.00
10 27 MINIM 11213.00
11 / MVIVR f2l5 D0
12 1 ME'l13R 3233,011
13 21 MRIVIl 11233.00
11 21 MINIM 1233.00
13 I MRIVIt 1233.D0
EXHIBIT A 16 I M11'1191 3233.00
17 1 MlNVII $233,00
16 / MR11iR 1233.1X1
19 20 MITER 138.00
I1100 1311
A -2
RIUNAM [I 2i1.I1C1111CME'11iR,Cl'AND CUMMINS
Mrilm SOf'KICiS
OPEN UA'lli Rplimillm 9, 1993
DIiSCRIP'11nN ~VIiNDnR
-20 1 - Mli'11!R. - $66.30
21 1 M11'11% 3176.110
22 1 Ml IVIt 1317.1X!
23 1 MIAUR l296.W
rb i
I~
IIIU f 1544
SSnn 1
A -3 9~
I Bin NAM11 14MCIUW, Mll'111x, (`I' ANryO da NQymy,61
A -4 MIl'i1ER441 datem
OPEN DMV SHr'llw1wit 9. 1493
[SCRIP'ItON VI:NUOR
24 26 7RANSIORMEIR S73,tx1
25 24 TRANSIORMIUR 1p,~
26 24 TRAUSFORMER 577.0()
21 21 TRANSFORMeR f(f.f10
26 12 7RANSFORMUR S47.00
29 24 7RANSFORMF?R $52.00
30 21 7RANSFORMI!R 172,00
31 24 7RANSFORMPR 152.00
32 12 TRANSFORMUR $52, 111)
.13 12 IRANSFORMUK Miss)
31 ( TKA NST'ON M RR 151 go
)S '1 R A NSI'IIK M I!N lSI no
!1 1 IRANSI, IIR M ER 137,00
10 MIlTIl11 SOCKI!l 101.00
)1 13 METER SOCKET (0L10
EXHIBIT A 40 10 METER SOCKET 1111.00
41 1 MP. TCR SOCKET 1130, Do
41 ) MITER SOr KIIT $Sol 00
IS 100 MIt T'It R SOI'KE I' 111,)1
44 lob MIt TUSt 10rKI!') 111 to
43 100 MEtllN 10VI(I13 1!0.00
KID 0 1 f U
A -5 SID NAME DIRCTRIC METER. CT AND CIIMMIN11
MNTIIR KOCKET6
U►EN DATE 1E1TRMRER 1, 110)
OTT_ DEKCRIITION VCNDDR~
IS METER SOCKET fill IS
DATE: OCTOBER 5, 1993
CITY COUNCIL REPORT
TO: Hayor and ;Members of the City Council 4gendaNo j
Agr,ndalterr) FROM: Lloyd V. Harrell, City Manager Cwe
SUBJECT: BID 11540 - PAPER (OFFICE & XEROGRAP111c)
RECOMMENDATION: Council approve award of Bid #1540 - Paper (Offlce &
Xerographic) to the low bidder meeting specifications, Palmer Paper Company, for
an estimated annual expenditure of $18,00o.oo. (See Exhibit A for unit prices).
SUMMARY: Bids were solicited for the annual purchases of paper for use In city
copiers and printers. Both virgin and recycled stock were listed on the bid
proposal, Palmer Paper is the low bidder on all itemo bid,
Paper purchases will be made to stock In the warehouse Inventory for availability to
the using departments.
BACKGROUND: Exhibit "A", Tabulation Sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED. All Departments.
FISCAL IMPACT: Orders will be charged to Warehouse Inventory.
Respec By'suJbmi
U
(roil V. arrel
City Manager /
Prepared By:
ame: elanie Harden
Title: Bvyer
Approved:
ame: Tom D. Shaw, C. P, M.
Title: Purchasing Agent
/genda./11
M
IC3~------ 1640
BID NAME PAPER(OFFICE & PALMER
XEROGRAPHIC) PAPER
PEN DATE AUGUST 26, 1993 EXHIBIT A
- p CF11i TitSN_ _
V§.
. _
1. 356 CS 8.6X11" WHITE VIRGIN 20# $18.25
BOND
2. 520 CS 8.6X11' WHITE VIRGIN 20' $19160
BOND 3-HOLES DRILLED
3. 60 CS 8.6X14' WHITE VIRGIN 20# $23.75
BOND
ALTERNATESI
(RECYCLED STOCK)
to 360 CS 5X11' WHITE RECYCLED 204 $21.60
BOND
2A 520 CS .6X11` WHITE RECYCLED 20# $22.30
BOND 3-HOLE DRILLED
13A 60 CS .6X14' WHILE RECYCI FD 20# $27.45
BOND
SAMPLES YES
DELIVERY 14 DAYS
ALL OR
NONE
o
I
a
` I
a
BID # 1540
IBID NAME PAPER(OFFICE & XEROX EMPIRE PALMER MILLER MILLER
XEROGRAPHIC) PAPER BUSINESS BUSINESS
PEN DATE AUGUST 26, 1993 #1 #2
VENDOR _VENDOA VENDOR_ VENDOR
1. 356 CS 8.5X11" WHITE VIRGIN 20# $18.95 $25.67 418.25 $23.80 $22.80
BOND
2. 520 CS 8.5X11' WHITE VIRGIN 20' $20.55 $32.80 $19.50 $24.90 $24.00
BOND 3-HOLES DRILLED
3. 50 CS 8.5X14' WHITE VIRGIN 20# $36.60 $32.65 $23.75 $24.90 $28.00
BOND
ALTERNATES
(RECYCLED STOCK)
1A 360 CS .5X11' WHITE RECYCLED 20# $21.75 NIB $21.50 $41.20 $39.20
BOND
2A 620 CS .5X1 1" WHITE RECYCLED ^ # $23.35 NIB $22.30 $42.80 $41.70
BOND 3-HOLE DRILLED
3A 60 CS .6X14" WHITE RECYCLED 20# $37.40 NIB $27.45 $52.80 $50.30
BOND
SAMPLES YES NO YES YES YES
DELIVERY 10 DAYS 21 DAYS 14 DAYS 1 DAY 1 DAY
SEPT. ALL OR PRICES
DELIVERY NONE GOOD
THRU
1 & 2 2-31 -93
ALL OR NONE
n
~ n Q
c, to
o
i
v-,
4grda No
DATE: OCTQPkR 5,
~D ~ lb
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID f 1544 - ELECTRIC METER, CT AND METER SOCKETS
RECOMMENDATION: We recommend this bid be awarded to the low bidder for each
item as attached Exhibit A. The estimated annual purchase is $90,193. PI).
SUMMARY: This bid Li for the annual contract to pnrehasc elearic meters, current
transformers and meter sockets for use by the Electric Metering Department. These
meters will be ordered by the Warehouse as Inventory for use by Electric Metering
as needed.
Seven bid proposals were received in response to eighteen bid packages mailed to
vendors.
BACKGROUND: Tabulation Sheet, Memorandum from Ray Wells.
FISCAL IMPACT: Budgeted funds for 94 Warehouse Working Capital for Electric 710-
043-0582-8708, the fund balance is $729,000.00.
4LIod ully su ed:
Harrell
City Manager
Prepared By:
1
Na;: e: Denise Harpool-
Title: Senior Buyer
Approved:
Name: Tom D. Shaw,C.P.M.
Title: Purchasing Agent
agenda./:1
geaaaNo
iwaallem
Y3tt D '
EXH=SIT ••A"
ITEMS VENDOR
A -1 1-19 WESCO
A -2 20-23 CUMMINS
A -3 24-36 TEMPLE
A -4 37,38,40-45 TEMPLE
39 EXCLUDED
A -5 46 & 47 CUMMINS
A1ll I 1544
Agendi No.
A -1 n)DNAMR RLRC1'RICMIIIER,CPAND **(.&Item S
MI!•Il!R SACKIMS Q]ie /0 .~J
OPM DA11I SI:PIPM)11 R 9 1993
f QI'Y
, - VIINDUR
1 10 MKIIA $44.00
2 10 MVIVK N/II
3 400 M11111% $28.00
4 50 MIAVR $140.00
S 4 WHIM $187.00
6 12 MMER
$235.00
7 25 MR1ER $235.00
8 f 20 M)i71!R $275.00
9 6 M1I11iR $235.00
10 25 MINUR $215.00
11 4 M)AIA $231.1X1
12 4 M14 WR $235.00
13 24 MVIUR $235.00
14 24 MINER
$271.00
t5 I M1!'IVA $231.00
EXHIBIT A 117 6 ` MAIM $235.00
MVIUR $235.00
I8 4 MINER $275.00
19 20 ME MR $38.00
RID 0 1544 -
A -2
DIDNAMII 1!IJ!CI3tiCMICl1!R,CfAND CUMMINS
ME IER SOCKtiIS
OPP.N DAlII SI;P'il!MRISk 9, 1991
r__ QTY ` DIISCRIP'I70N VIINDOR
20 4 Mli'J !k $66.50
21 4 MI!,WK $178.(X)
22 4 MIHIA 317.00
23 4 MI!'it!k 1298.W
IpD t I f,A 93 -o✓
Agenda No
A -3 IIfUNAMI! I?IJ?rIRICMItIIiR,("I'ANU agl,~.►lq~e'~-~L?~~
A -4 MEII:R S(1CK1t15 c Od
OPEN IMM SHP1l!MHER 9.1993 Date
f CITY _ I'SC_R1Pl_l0_N VI:NUOR
24 24 TRANSFORMER $33,00
25 24 TRANSFORMER 533.00
26 24 'TRANSFORMER $33.00
27 24 TRANSFORMER 145.00
28 12 TRANSFORMER 545.011
29 24 TRANSFORMER 552.1M
30 24 TRANSFORMER $52.00
31 24 TRANSFORMIR 532.00
32 12 'IRANSFORMER 152,W
33 12 'TRANSFORMER S52.00
St • TR ANS I'() It M 1!R 111.00
11 • INA NSPOR MIIt 11100
36 1 'IM AN5POR M FR I1t.00
31 00 MIt IER SOCKET Tel 00
30 23 METER SOCKET 162,/0
EXHIBIT A 20 METER SOCKET IIt I 09
I1 • METER SOCKET 1651.00
12 3 MISTER SOCK It T 1111,00
IS 100 MI!1'I!R 50C K1'. 1' 111.11
46 100 MEI IIK SOC KP.'1 116.10
11 100 M21 tI!R SOCKI!T 110.00
BID 0 i 1111
A-S BID NAME ELECTRIC METER,CT AND CUMMINS
MP.TUR SOCKETS
OEI!N DATE SI1►TEMBER 9, 1913
OTY _DESCRIPTION _ VBNDOR~
46 I! -__MEIf!R SOCKIC'T 1.1.16
Al `12 MY.TER SOCKET 1110.93
ii
BID I 7344 - PAOE I
Oil) NAME III. P.CTRIC MITER. CT AND TI!MPI.3! WFSCO C6/MM1Np 7111'111, 6N1! WAI'SON Pill. P1 IN It PRIC-ITPR
MII'1'I!R SOCRPI'S P.1.11C'IRIC SUPPLY
OPEN DATE SEPTEMBER 9.1119)
QTY.- DESCRIPTION _ VENDOR- VENDOR _ _VENDOR -VENDOR VENDOR VENDOR _VENDOR
1 l0 METER a !16.10 011.00 NIB NIB Nib NIB Nip
1 10 METER 1136.00 NIB NiB NIB Nlll NIB N/II
000 METER 011.70 016.00 119.23 NIB Nip NIB NJ"
0 JO METER 1161.00 1160.00 1163.93 NIB NIB NIB Nip
3 4 METER 1170.00 1167.00 1118.13 NIB NIB NIB NIB
6 11 METER 1200.00 $233.00 OSS9.1113 NIB NIB NIB NIB
7 11 METER 1201.00 1213.00 1!7!.00 NIB NIB NIB NIP
6 10 MpTF.R 1206.00 1233.40 1211.00 NIB NIP Wo NIB
9 6 METER NIB 1113.00 Nil 3.00 NIB NIB NIB Nil
l0 as METER 1266.00 1215.00 0111.00 NIB NIB NIB NIB
21 6 MPTRR $266,00 1233.00 0111.00 NIB NIB Nil NIP
11 6 MPTPR 0266,00 1133.00 M76.00 NIB NIB NIB NIB
33 14 METER 0213.00 0213.00 1176.00 Nip NIB NIB NIB
10 16 METER 0111.00 $233.00 1276.00 NIB NIB NIB NIB
11 t METF..R 1364.00 1133.00 1263.00 NIB NJ" NIR NIB
t8 t MP7FR 1366.00 1233.00 1103.00 NIB NIB Will N/9
li 4 METER 1291.00 1233.00 1119400 NIP Nip NIB NIP
11 4 M P. TP.In 1191,00 1331.00 1301,00 Nis Nip NIR NIR
it 20 MIt TV R 11100 0311.00 Nip N/9 NIB NJ" NIB
30 4 MPTER 160.00 NIP 160,30 N/$I NIB NIB NIB
11 4 METER 1161.00 NIB 1114.00 14 rIt NIB NIB NIB
21 6 MP.TFR NIB NIB 0111.00 NIB NIB NIB Nip
2J l MPTPR Nis min 0216,00 NIB NIB NIB Nip
14 24 TRANSFORMPR 011.00 131.00 133.60 NIB NIB NIB NIB
13 14 TR A NSP ORM P.R 113,00 133.00 136.30 Nis NIB NIB NIB
10 24 1R A N BP ORM FR 11100 133.00 136.30 Nis NIS NIB NIB
27 74 TRANSFORMER 143.00 164.00 143.60 Nib NIB NIB NIB
16 12 TRANSFORMPR $41.00 144.00 141.40 NIB NIB Nib Nib
19 14 TRANSFORMER 131,00 110.00 161.60 Nip NIB Nis Nib
30 24 TRANSFOR M Pit 131.00 136,00 162.10 NIB NIB Nis min
31 21 TRANSFORMER 132.00 116.00 16t.10 1,06 min Moo Nip
JI IN TRANSPOR MER 111.00 136.00 062.10 NIB NIB NIR L7 Y I&
JJ 11 TRANSFORMER 131.00 `136.00 16 L00 Nis Nis_ his
m° w
II
BID 0 151.1._- PACIV 3
BID NAME ELECTRIC METPR. CT AND I'HMPLE WESCO CUMMINS 'IVCIILINI. WAISON POLELINI. PR., 31'ER
METER SOCKETS ELECTRIC SUPPLY
OPEN DATE SEPTEMBER 9.1993
0 QTY DESCRIPTION YPNDOR VENDOR VENDOK VENDOR VENDOR VENDOR VENDOR
34 6 TRANSPORMPR /17.00 SIB 00 867.40 NIB N/e $30.00 $57.30
31 6 TRANSPOKMER 151.00 SIV00 167.40 NIB NIB $61,00 933.10
36 3 TRANSPORMPR 111.00 167.00 161.70 NIB NIB 161_00 $51.30
17 50 METER SOCKET 161.00 $76.00 $74.35 170,78 171.79 $56.00 917.15
36 15 MP.TPR SOC KP.T 161.40 $66.00 $31.50 166.10 161.19 $16.00 $11.00
31 6 METER SOCKET 117.00 131.00 537.50 535,13 141.43 NIB 1176,00
40 70 METER SOC KHT It L1.00 1116.00 1173.50 1171.50 5119.03 NIB 1145.00
/1 6 METER SOC KP.T 1430.00 NIB N/B NIB NIB NIB 1767.00
/S 3 METPR SOCKET 1511.00 NIB NIB NIB NIB NIB 1165.00
43 100 METER SOCKP.T 511.15 171.30 It6.93 171.11 110.00 119.69 111.50
41 100 MItTER SOCKET 116.50 111.00 120.73 111.70 111.11 179.16 113.00
43 100 MP.TVIt 521CKIIT 130.00 13/00 130.35 534.13 131.20 431.96 131,30
66 17 METER SOC KIIT 516.00 19100 197.10 697.10 116.77 NIB 1101.00
47 IS METER SOCKET 1133.00 1117,00 1116.9) 1144.26 S3J1.34 NIB 1131.00
NO BID
ELLIOT ELECTRIC
BUTLER A LAND
m
N c
a
1
i
g_
M~
E
LPL Agenda No
.fG.~-...
Agienda;teff? mil/)
i
09-?0-93,ML3:25 0021
D
CITYoIDENTONMUNICIAALUTILITIES 901•ATexas Street ! Denton,TX76201
M E M O R A N D U M
TO: R.E. Nelson, Executive Director of Utilities
FROM: John H. Gandy/Foreman of Electric Metering
Ray D. Wells/Superintendent of Electric Metering.
DATE: Sept.10, 1993
SUBJECT: EVALUATION OF BID NO 11544 ELECTRIC METERS/CURRENT
TRANSFORMERS/METER SOCKETS.
Bids for the above mentioned items were opened September 9, 1993,
at 2 P.M. with the following results.
Seven vendors replied with sealed bids on basically three item
groups. Electric Meters, (Electronic and Mechanical) Current
Transformers and Electric Meter Sockets.
The City of Denton extends its appreciation to all seven vendors,
Temple, Wesco, Cummins, Techline, Watson Electric, Poleline and
Priester.
After careful evaluation we have recommended that the bid on the
Current Transformers (BID ITEMS NO 124-36) as well as the Electric
Meter Sockets (BID ITEMS NO 1'37-45 EXCLUDING BID ITEM 139) be
awarded to Temple Inc. for lowest bid. For extended range bases
(BID ITEMS 146-47) and extended range meters (BID ITEMS 120-23) we
recommend Cummins Supply.
Also after careful evaluation we have recommended that the bid for
Electric Meters (BID ITEMS NO 11-19) be awarded to Wesco which came
in at approximately 22 percent lower than the other vendors.
JHG:man:cba
I
CITY=~
~COUNCI
Mr p►-
s.
e o~
~~~OGGfl0~o00
4r
Agenda No, -
Agenda tte `
Deis
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE.
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
WHFREAS, 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 fjr the con-
struction of public works or improvements, as described in the "Bid
Invitations", "Bid Proposals" or plans and specifications on file
in the office of the city's Purchasing Agent filed according to the
bid number assigned hereto, are hereby accepted and approved as be-
ing the lowest responsible bids:
BID NUMBER CONTRACTOR AMOUNT
1521 STEELE-FREEMAN INC. $2,347,000.00
1535 SOUTHWEST INDUSTRIAL CONST. $ 395,800.00
1541 CIRCLE "C" CONSTRUCTION INC. $ 283,757.50
1542 OSCAR RENDA CONTACTING INC. $ 5770145.00
5ECTi01411. 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-
ApeidaNo~
Agendallem~
o,
tions, plans and specifications, standards, quantities and speci-
fied sums contained therein. '
SECTION IV. That upon acceptance and approval of the above
competitive bids and the execution of contracts for the public
works and improvements as authorized herein, the City Council here-
by authorizes the expenditure of funds in the manner and in the
amount as specified in such approved bids and authorized contracts
executed pursuant thereto.
6ECTION V. That this ordinance shall become effective im-
mediately upon its passage and approval.
PASSED AND APPROVED this the r day of 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCS, CITY ATTORNEY
BY:
d
Apda No
Agenda Item _ P.5 0Q1g
DATE: OQq(MER-b
CITY COUNCIL REPORT
TO: Mayor and Members of the City Counoii
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID / 1521 - RENOVATIONS OF DENTON MUNICIPAL CENTER
RECOhD4IENDATION: We recommend this bid be awarded to the lowest bidder, Steele-
- For the base bid of $2,280,000.00 plus alternate 1-6 in the amount of
$67,000.00 for a total bid award of $2,3470000.00.
SUMMARY: This bid is for the Phase I Renovations to Denton Municipal Center
(DMC). The project involves the relocation of Information Services, Human
Resources, Police, Court Clerks and Municipal Judge.
This project has been presented to Council on several occasions and was the subject
of a work session on September 14, 1993. Staff members will be present to discuss
any additional questions from Council.
BACKGROUND: Tabulation Sheet, Phase I Construction and Moving Budget.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton, Human
Resources, lnformation Services, Police, Court Clerks, and Municipal Judge.
FISCAL IMPACT: Revenues for this projects will comE from 1986 Bonds, 1993
Certificates of Obligation and Utility Funds Transfers.
esp ully su t
Llo d Harrell
City Manager
Approved:
r\
Name: Tom D.Shaw,,~.F,M.
Title: Purchasing Agent
agendc 429
a
~ilh 1521
~ilU NAME. DM(,' itIiNOVA'I'!ON 0c 1) I itll?( MAN CKAWI OKD C`ON51'It ItC'tiA1A1.1
OPEN DATE AUGUST II(). 1993 INC
I'AGU I OF 2
V131Z1)OIt- VL:NI)C)it_ _VLNDUIt _ :'VLiNI)UK VLtJD012
I HASK BI I) 2 522 UW.UU S2 2E10 UU(I.OU 2 340 (1(x1.00 2,426,609UQ, _2,2711,(IINLUII
z AIX N I (WINDOWS) S2(I,WU.UU S6,UW.UU _ _5151903.(X) $231WHI.INI S 15,(N)II,INO
AE.' *2 (PAVIiK "'iLls) S25 650 Ull S24 WI1.W S21 699.00 $24,6011.00 _,_523,(XIU.(NO
3
4 ALT +113 ('I'OLI FI) SG,H(11I.Q0 _ S7,U(x)_UU ___S T,617.(IU _S5,3AU.0(} _ SH,U(NLOII
5 AIX N4 (11KEJIKKOOM) S3,000.Ul1 $6 11(NLUII _._$'1,435.00 56,011(1.00 SH,U(X)1111
6 ALT #5 (11KI?AKKOOM) __S5~9W~U11 ~ S9,OW.UU _sa,9y2,ou 8500.00 $8101NI.011
AIJ N6 (SiDEWALKS) $151,305.00 _$15,000.00 ._W1054,00 _ 523,200.00. S2U,1N111.IN1
-U(I S2i1fX1.(I0 ($5~9691M
H l:i' N7(''1?M1'. CO?1'! KOIS) ($11,SlN1.U(N .i~?U ) S916H 1.(NI)
_(32~,utw.iitl) . (11:fr1.~ (z;,ii(NL(i(1 (SH,zii7.0u
- $3 , EittiAR) S41yU(i.il(S~
i i S 10111. 1N1
_~S4,~ou.t►ti) _ . _ - ~~,3iiif.iiU)
DID BOND YUS YUS_ YES YIis VIES
9 _ - if1I, Y ~
AUDI:NDAS 1 do 2 Yi:s - - YI~S
10. coMPLIITION 4i1 DAYS _ 300 l5Ay4 _ ;Qy AVp p o 1)4V5 _ 301E DAYS
11.
I s
CL_
o
1
r1.
o
Gill) 1521 I +
PIDNAM1: DMC It ENOVATION ORNIIAAS I I'I.Y[.I:It SIA)AI.CO I:I)A 41N%okill
CONS'1'R CONSTR INC W11SON ASSOC
OPEN DATE: AU(it)ST Ill. 1401.1 I INC
PAGE 2 ()F2
)UANTI7_' 1)1 SCILIIvFION, VI NI)oR VI:NUOIt VI.NUWt VEND Wt VI'sNUOIt
I. BASE BID .J664,U00.00 2,632,150,UU ,2,3N3,[1{l(1.OU 52,297,OW.W 52,41,5,(IINLIIII
2. AI:TNI (WINDOWS) __513,700.W _511,749:011 S21,WU.W 519,50U.00 $11,929.IN1
3. ALT N2 (11AVEIt 771-1$231400,W S26,117.W $29,000.()0 S24,S0U.1f(I St9,543.IN1
4. AIX N3 (TOLIET) S41ODU.00 S5 H49.00 _ $3
,SW.[Nl _$6,SW INJ 53,046.0I1
5. AIX #4 (BRE AKROOM) _Z4,11W.OU 38aS!Q.[Ill _ 5615011.00 S7,5(N).110 540931110
6. ALT N5 (BRIAKROOM) _ S4,7W.U0 57,45HAU 56,400_00 57,SW.Q(1 $52086.00
7. ALT M6 (SIDEWALKS) _519,400.00 $21,723.00 520,000.00 S16,WpzW _513,655.101
R. 1,14# 7(TI-MIs.CONTROLS)
(SH,Ot1U(MI) (S19,utx1,1111) (SII,S(NL(111) $4,7101.(111) (S23,(1(N1.110)
_ ($23 OIK1.(I(1 (123,0W 1141) ,{54,7011 (NI)
o'-916ll.tlilj $3,1(NLU(~ ..(3sW.ou)
iSg,bt}i,cnlj
9. BID HOND YES YES Y1:S YFS YUS
10. ADDI:NDAS 1 do 2 Y1'S _ YiiS - VI'S YI;S YliS
11. COMPLHTEON M MS217 IYXV5 ids DAYS _ 200 DAYS 41111 2k2:i094
w C-
Wig: ~
3 4
1
V01 ~ 0
q3 -cL3~
AGODRA
Apda Item.`
Date
CITY ofDENTON,'j'EXAS MUNICIPAL 8U1LOINC, DENTON, TEXAS 16201 TELEPHONE 1171!66.a2::
MEMORANDUM
TO: Mayor and City Council Members
FROM: Bruce Henington, Facilities Manager
DATE: September 8, 1993
SUBJECT: Phase I Renovations of Denton Municipal Complex,
City Hall and City Hall West
On October 5, 1993, Tom Shaw will present the Denton Municipal
Complex construction contract to City Council for your approval,
To ensure that everyone has a complete understanding of the
project, I will present the entire renovation budget and its
financing in detail during the work session on September 14, 1993.
Tom Shaw will be present to discuss the bids and the selection
process, John McGrane will be present to discuss the sale of
Certificates of Obligation,
Attachment A, The Phase I Construction and Moving, shows the
proposed costs and revenues needed to complete renovation and
moving cost for all of Phase I. (Phase I was expanded to include
the City Hall, City Hall West and Denton Municipal Complex,) The
revenues are monies from the 1986 Bonds, the 1993 Certificates of
Obligation and Utility Fund transfers. All of the figures in this
document have been confirmed by the Finance Department,
The Denton Municipal Complex Budget, Attachment B, shows the
project cost of just the Db1C construction with identified cost
savings features, These savings allows us to purchase needed
police lockers, a evidence file system and to increase the
construction contingency fund. The remaining funds will be placed
in the Space Project Contingency fund.
The construction bids received for the Denton Municipal Complex
were excellent, The three lowest bids are shown on Attachment C
page 1. A complete list of bidders is also attached for your
reference Attachment C pages 2 and 3. Each bid was broken down
into a base bid and seven alternates.
Attachment D, City Hall Budget, is the proposed budget for City
Hall renovations, We will begin the final drawings for City Hall
when we get construction of DMC underway, Then we will present the
drawings to City Council for your input and approval.
t
+t7 naallem _f 5--'~9
Page 2
September 7, 1993
Phase I Renovations I 5~
The City Hall West Budget, Attachment 2, until 4e can fu has been placed on hold
fund
budget, the operations cost in 1993-94 fiscal year
The Project Contingency Fund, Attachment p, is designated to be
held for future funding of unexpected cost for all Phase I
renovation projects,
If you have questions regarding these budgets please cc.itact me at
566-8127,
Sru XHegtonManager
1593,FM
Ago~Oa No , ~.~1."03 ~
Agooda l cem~ ~~~Q,(~
AGENDA a Sa
PHASE I RENOVATIONS OF
DENTON MUNICIPAL COMPLEX,
CITY HALL AND CITY HALL WEST
SEPTEMBER 14, 1993
ATTACHMENT A:
PHASE I
CONSTRUCTION AND MOVING BUDGET
ATTACHMENT B:
DENTON MUNICIPAL COMPLEX BUDGET
ATTACHMENT C:
DENTON MUNICIPAL COMPLEX - Page 1
RENOVATION BID/ALTERNATES
#1521 - Pages 2 & 3
ATTACHMENT D:
CITY HALL BUDGET
ATTACHMENT E:
CITY HALL WEST BUDGET
ATTACHMENT F:
PHASE I PROJECT CONTINGENCY FUND
09/08/93
1577 , FM
dINO
ATTr1CHAILNT A Ageo ,490r,011VI
PRASE I CON'STRI'CTION AND ,NIO%'IN'G SU% /p
September 0, 1993 0
Proposed Cumulative
Items Cost Revenue
Ttta'.
Revenues
92,400,000 52,40C,00:
33:e -if CO's (October 19931 1,055,000 3, 455,00;
:ity Transfer For
Te:ephon,e system 54,500 3,Si9,60J
::ties Transfer For IS
::nstructitn 40.391 fLMG; 70,333 3,539,iJ3
_ ':ity Transfer For HR 33,903 3,529,94-
Ccnstrjcticn 34.12% JDMGI
-'::ty Transfer For IS 55,610 3 534,45:
Gt-rputer Move 40.39% JDMGI
-:•y Transfer for HR 1,092 3,595 _43
Equipment Move 34,12% ;DM(j)
:ity Transfer for City Mall 0 3,495,543
West Project
7tty Transfer for City Ha 11 63,502 3,'4:,145
Prtject
Ascestts Removal 1FM) 9 100,000) 3,649,_4,
Ar:^Itett Fees 59,000)
:ECC Construction Onlv 2,129,0001 1,45','45
-e:ephone System (ISI 150,0001
1,3::,:4;
'dive LECC Equipment and 6,200) 304, ?45
7, r. uze fHR)
:S _tnstruct:on CnlV 172,0001 :,132,?45
HR .tnscru_ticn 2n1v 114,000) 1,019,345
:S ::^puter Room Move (IS) 136,000) ;q2 yqc
M.ve HR S IS Equipment and 3,2001 376 ,ga
. _.nit.re
__cy Rall West- 1 209,000) 47:,74:
:nstructicn and Move
ty H911- 203,000) 467,745
,,_tru:tion and Move
New roofs for Buildings 105,000) 36,2,74;
r -niture%Egjipment- 352,7151 .0,
A:: Phase 1 Facilities
Ezpandei :'iaae I Includes the !c::: wl ng buildrnge, [NC '13if+Ar hli ce {curt C:er ke dg-
-_ty 'r'all. Ctty Hall West
Percentages from Davtd K. 7rtff:th 3t•udy; confirmei by Finance teparttent.
ATTACHMENT B 49803No
DENTON MUNICIPAL COMPLEX'°fir
DMC CONSTRUCTION BUDGET $ 21415,000
Low Base Bid/Alternates 1 - 6 _ (2.347,-O9)
• Cost Savings due to Low Bid
68,000
• Cost Savings from Control System 15,149
• Cost Savings - Asbestos Removal 29,230
TOTAL COST SAVINGS $ 112,379
PROJECT ADDITIONS
• Police Lockers (81000)
0 Police
Evidence File System Hardware (17,000)
• Increase DMC Contingency Fund (25,000)
• Create Phase I
Project Contingency Fund _ (62, 79)
BALANCE DMC CONSTRUCTION BUDGET $ 0
09/08/93
1577 , FM
I
I
RETAKE TARGET
I
I
Because of suspected operator
error or camera malfunction, the
preceeding page was refilmed and
abpears as the next image.
ATTACHMENT B
DENTON MUNICIPAL COMPLEX
DMC CONSTRUCTION BUDGET $ 21415,000
Low Base Bid/Alternates 1 - 6 _(2,347,000)
• Cost Savings due to Low Bid 68,000
• Cost Savings from Control System 15,149
• Cost Savings - Asbestos Removal 29„230
TOTAL COST SAVINGS $ 112,379
PROJECT ADDITIONS
• Police Lockers (810001
• Police
Evidence File System Hardware (17,000)
• Increase DMC Contingency Fund (25,000)
• Create Phase I
Project Contingency Fund (62,379)
BALANCE DMC CONSTRUCTION BUDGET $ 0
09/08/93
1577 FM
ATTACHMENT C
i
DENTON MUNICIPAL COMPLEX RENOVATION
SUMMARY OF THE THREE LOWEST BIDDERS
AID # 1521
OPEN DATE: AUGUST 10, 1993
DESCRIPTION STEELE- R. C. SMALL ED A.
FREEMAN WILSON
INC.
BASE BID $ 21280,000 $ 2,270,000 $ 2,297,000
ALTERNATE I - WINDOWS 6,000 15,000 19,500
ALTERNATE 2 - PAVER TILE 24,000 23,000 24,500
ALT_E_RNA_TE 3 - UNISEX TOILET 7,000 8,000 6,500
ALTERNATE 4 - COURT BREAKROOM 6,000 8,000 7,500
i
ALTERNATE 5 - IS/HR BREAKROOM 91000 8,000 7,500
ALTERNATE 6 - PLAZA/SIDEWATjKS 15,000 20,000 16,000
~ aS
NOTE: The vendors listed above are the three low bidders, excluding Alternate #7.
The complete list of bidders is attached for reference. 3 °
O
09/08,/93
15 7 B . F'M
ATTACHMENT C PAGE 1
i
t
H1U N 1521
bIID NAME: DMC Itl?NOVATION DIVI41(sil 1H) S'fliltl.li- TONY JN KENT RC SMAI.I.
! CONSTR FRI;FMAN CRAWFORD CONS'1'R
ir)PI-N DATU AUGUST III, I(W-l INC
PAG F 1 OI' 2
- N'I'I'1' UIs5CRIl'1'ION VENDOR . VENDOR VI:NI)OR ViiNl)OR_ YI.;NDOR
BASE 1111) 2,522,0(1(1.00 2,280,(100.00 2,340,01x .011 2,426,609.00 2,27(1,OW.00
$15,(N111.1111
2. ALTNI (WINDOWS) $20,0(KI.IK) $620(x).0() $15,9(13.(1) $230(N)0.(K)
3. ALT N2 (PAVUR'I'l1.l's) 525,650.00 $24,(x)0.00 _$21,699.(X) $24,600.00 $2311N10_(NI
4. ALT #3 (TOLIE F) $6,8110.110 .$7,0(X1.0(1 - $70617.00 $5,300.00 $8,0(x) 00
5, (BRI:AKROOM) $3000.00 $64000 AX) $7 435.00 $6000.00 0(x).11(
ALT M4
,I
_ ,
6. ALT05 (BRE.AKROOM) _ $it,992..)0 $-500_.00 $8,'0(K).11(I
_ 5519)(1.)0 __$9,04(1_00 8,
7, ALT #6 (SIDI, WALKS) 519,305:00 $15,000.00 517,054.00 _$23,200.0(1 $200000.1K)
8, LT N7(T7iME'. CON') ROES) ($11,500.0(1) ($20,(100.00) ($9,681.1x1) -52,11(1(LU(1 $7,969.IN1)
($23,000.n I) ~ ( t(oY! -a- ~523,(xX).liu 85,813.,1)
$3,11K).0() ((r(Qpp:p ($4,7011.0(1; $8,287.110
($4,700,0) -($11 ,sW.00) $16,03101
- $3,U?9c09
9, BID BOND YUS YES YRS YES YFS
ADDEiNDAS i do 2 Y[-S YES
31. COMPLETION 240'DAV'q-- 106'I)AVS_ '2 jDAYfi__ -220 DAYS _ _306 DAYS
10'
1 -
L
ATTACHMENT C PAGE 2
Y
k
,pill) # 1521 ~
,11113 NAME: 1)MC KUNOVATION ORNIIAAS I'I.YI,I'sR SIiDAI.(1O IA) A. urislxui 1c~u
CONSTR CONSTR INC' WILSON ASSOC
OPUN DATF AUGUST 10, 1993 INC
I'A(ili 2 0F2
UANTIT DISCRIIrI'ION _ V13NDOR - VUNDOR VL•NDOR VUNDOR VNNDOR
1 r BASE HID ,2166400011.00 2,03211511.00 2,383,1100.00 $2,297,00.00 521415111011.1111
ALT #I (WINDOWS) _3131700.0 511,719.00 $21,000.00 $119,5110,0 _ $11,929-W
3. ALT N2 (PAVER TILE) __$23,400,00 117.0 - $29101111_0 $24,500.0 _ $191543.00
500,0- _-56,5(10 00- ___531046.011
.00 $5 849.00 S31-
4. ALT *3 (TOLICT) S4,- 000 -_-$31-90.00
- -
- _ ,
5. ALT # 4 (HRFAXROOM) -__54,000.00 $8,510.00 $61500.00. $7,500.00 541933.011
6. ALT # 5 (HRIAKROOM) _ $4,700,00 $71458 QO _ 561400.011 5715011.0 $51086.00 j
7 ALT N6(SIU;"sWAIKS) _,_519,400.0 _521,723.0 $20,000.0 5160W.09 _$13165501
g, I:l' #F7 (TEMP. CONTROLS) (58,0110.0) (SI0,000.(Xl) {511,50.00) _(J$4,7000)) ($23,ON1.00)
(521,0(10.[111; (i23,o1N1.110) _ 54,7001111)
$3 100.00 III - - 11,501.00)
(S9,6N1.00 ,
1t=i81 ob) - - -
- - - - -($9
9, HID BOND YES YEs YFS YIS YI:S
10. ADDIiNDAS 1 do 2 --Y1=S - YIs - YiIS - YtsS Y1's5
11. COMPLUITION YWbAYS _ '21ti DAYS 163 DAYS 200 DAYS _ s~2 ,_1 4
- - - _,.w..n..
c
CIS
O~ °0
ATTACHMENT C PAGE 3
s
ATTACHMENT D ~CWINo
CITY HALL BUDGET pdalle -14.6
y0
Date_
Vz ,w
TOTAL FUNDS AVAILABLE FOR CITY HALL $ 307,418
• 92' C,O, Building Renovation Funds * (83,452)
• Proposed Construction Budget (200,000)
• Proposed Moving Cost (3,000)
• Furniture/Equipment _ (20,966}
TOTAL FUNDS REMAINING 0
These funds include monies from temporarily deferred maintenance
projects as well as savings incurred from good bids on other
specific maintenance projects.
Estimated to be bid in March 1995.
These funds are for move associated with the City Hal: building.
These funds are scheduled for conference room furniture and
furniture to accommodate City Council.
09/08/93
1577.FM
Q.~_1L$--
agenda No
ATTACHMENT E Agendaltem-,;& *aA
CITY HALL WEST BUDGEWP _1r~f. 13
TOTAL FUNDS AVAILABLE FOR
CITY HALL WEST $ 222,600
• Proposed Construction Budget * (200,000)
• Proposed Moving Cost (91000)
• Furniture/Equipment (13,600)
TOTAL FUNDS REMAINING 0
I
To be bid in August 1994.
~These funds are for moving Planning and Engineering from City
Hall to City Hall West.
These funds are scheduled for necessary furniture for new space
in Planning and Engineering operations.
09/08/93
1577.FM
e
AgeadaNo !,L0, 6_
AgoedaIIem L;11
ATTACHMENT F [ate O
PHASE I PROJECT CONTINGENCY FUND )4y,:50-
PHASE I PROJECT CONTINGENCY FUND 62,379
• DMC Budget Surplus 62,379
` • City Hall Budget Surplus 0
• City Hall West Budget Surplus 0
TOTAL FUNDS $62,379
a
09/08/93
1577. FM
DATE: OCTOBER 5 19 93
ABer,daNo __W?
CITY COUNCIL REPORT A6andaltem~5 6-'4
TO: Mayor and Members of the City Council Date- f
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1535 - RESTROOM/CONCESSION BUILDING AND GROUP
PICNIC PAVILION
RECOMMENDATION: Council approve award of Bid #1535 to the low bidder,
Southwest Industrial Construction of Denton, Texas, in the amount of $395,800.00.
SUMMARY: This project includes construction of two major buildings at North Lakes
Park. A large restroom, concession stand and sun shelter will be located at the
softball complex. The other construction will involve a large group picnic pavilion
at the picnic area for large company picnics, family reunions, and special events.
Concrete aprons and walkways I.om the softball complex parking areas are part of
this bid.
Alternate #1, to Install batt insulation and Alternate 02, to stain all wood surfaces
scheduled to be painted are being rejected as having an uneconomical effect on the
final project.
BACKGROUND: Tabulation Sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Parks and Recreation and
Patrons o North Lakes Park.
FISCAL IMPACTS Account Number #485-038-0083-0001-9009..
Re ec idly sub ted:
Llo d V. Harrell
City Manager
Prepared By:
~tl
Name,: Mt, n e Har4den
Titre: Buyer
Approved:
S~
Name: Tom D.Shaw,C.P.M.
Title: Purchasing Agent
agend&. 4 !
BID NAME N.L. PARK PHASE II JONES & SOUTHWEST
RESTROOM/CONC. JEFFREY IND'L
PEN DATE SEPTEMBER 9, 1993 CONST. CONST.
QUANTW i3F8=15716A^_ W014 MOW— VENDOR - -VMOW
1. TOTAL RASE BID $412,000.00 $395,800.00
2. ALTERNATE NO. 1 $4,650,00 $5,600.00
9ATT INSULATION IN
CEILING
3. ALTERNATE NO. 2 ($1,880.00) ($2„600.00)
STAIN ALL WOOD
SURFACE SCHEDULED
TO BE PAINTED
ADDENDA YES YES
BOND/CASHIERS CHECK YES YES
z
0
y
DATE: OCTOBER 5, 1993
CITY COUNCIL kEPORT Agenda No
T0: Mayor and Members of the City Council AgWallem
FROM: Lloyd V. Harrell, City Manager t~ e 'e 1
SUBJECT: BID f 1541 - COOPER CREEK 15" SANITARY SEWER
RECOMMENDATION, We recommend this bid be awarded to the low bidder, Circle "C"
Construction, Inc., in the total amount of $283,757.50.
SUMMARY: This bid is for all materials and labor in constructing a 15" Sanitary
Sewer line, approximately 3300 feet, in the Cooper Creek basin adjacent to Churchill
Street.
Nine bid proposals were received In responses to thirty-three invitations to bid
mailed to contractors.
BACKGROUND: Tabulation Sheet, PUB Meeting Backup - September 13, 1990.
FISCAL IMPACT t Capital Improvements Projects Bond funds Account Number N674-
082-RB93-VO06-9138 the fund balance is $904,516.68.
Re4dHar sub t d:
G;0 el
City Manager
Prepared By:
Name: Denise Herpool
Title: Senior Buyer
Approved:
Name: Tom D, Shaw,C.P.M.
Title: Purchasing Agent
agenda.476
i
BID ~Y 1541
BID NAME COOPER CREEK 16' OSCAR DICKERSON CIRCLE C LARRY E. L.
SANITARY SEWER RENDA CONST CONST. JOHNSON DALTON
PEN DATE SEPTEMBER 2, 1993 INC CONST
OUANTIT1l bE8CAIPTI0N VEN0011 VGNUr3N __VENDOA _ VENDOn.__. VENtJOA
BASE BID $288,236.00 $364,957.00 $283,767.60 $320,261.00 $329,376.00
BID NAME COOPER CREEK 16• RHODE PATE VENUS JAGOE
SANITARY SEWER CONST. BROTHERS CONST. PUBLIC
PEN DATE SEPTEMBER 2, 1993 CO CONST CO
c u NTrw....----" i s Irit~t~ a_ . = VENDOR _ .__VI5ND0A_VENDOR Vr:NtJOR ---VEN15014
1. BASE BID $403,702.13 $378,801.28 $310,805.33 $308,334.00
v'4.
4
~ fN
.i x
O
AQer. d3N0
Ag~n~zllert- -
September 27, 1993 V 10
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R. E. Nelson, P.E., Executive Director of Utilities
DATE: September 13, 1993
SUBJECT: CONSIDER BID OPENING 1541 FOR CAPITAL IMPROVEMENTS
PROJECT • COOPER CREEK SANITARY SEWER
RECOMMENDATION:
The Utility Staff and the Engineering & Transportation
Department, recommend award of the contract to Circle "C"
Construction, Inc., for the amount of $283,757.50 for the
construction of the Cooper Creek Sanitary Sewer Line.
SMOM
The Cooper Creek Sanitary Sewer Line consist of 2,970 ft. of
1511 sanitary sewer and 245 ft. of 27" sanitary sewer. Bids
were opened on September 2, 1993 with a total participation of
nine (9) bidders. Circle "C" Construction, Inc., of Fort
Worth, TX was the lowest qualified bidder for the amount of
$283,757.50. The bid is approximately $28,757.50 over the
project budget and $38,342.50 under the engineers estimate,
Asphalt patching will be performed by the contractor.
BACKGROUND;
The proposed 15" sewer line replaces an existing 12" concrete
sewer line. The concrete line has been corroded by sewer gas
and has collapsed in several locations. The flow from the 1211
concrete line is temporarily diverted into the parallel line
but is causing backups and surcharging. The proposed line is
designed to handle future growth in the area.
The contract also includes some manhole work to the existing
parallel 15" sewer which will eliminate some known
i
infiltration and inflow problems.
igvdaNo
Page 2 a0 1,a tem _ f%
Bid Opening 1541
Cooper Creek Sanitary Sewer Line
~a
AGENCIES AFFECTED:
The Citizens of Denton, Denton Municipal Utilities, and Circle
°C" Construction, Inc.
FISCAL IMPACT:
A total of $270,000 is budgeted for construction. $190,000 of
the budget is bond funded and $90,000 is budgeted o,,r of FY94
revenue. The budget overage is proposed to be fui::ed out of
the bond account by postponing a sewer line project by one
year. The project is located in the Cooper Creek basin and
has a budgeted amount of $230,000. See Exhibit V (Fund
Analysis) for more details.
a
4
Page 3 +ge~AJMo
Bid Opening 1541 4q^n0allem
Cooper Creek Sanitary Sewer Line
Respectfully Submitted
R. E. Nelson, Executive
Director of Utilities
Prepared by:
Gerald P. Cosgrove, P.E.
Ergineering Administrator
Approved by:
Lee K. Allison, Director,
Water Engineering & operations
Exhibits:
I Location Map
II Project Considerations
III Sid Summary
IV Letter of Recommendation
V Fund Analysis
VI CIP Detail Sheets
VII CIP Detail Sheet of Postponed Project
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I 1993 REPLACENIEN'T 16p&21" LINES COOPER CREEK
DRAWN BY: DANIEL BROWN I CIPa 93-0471-DO6 DATE: 12-08-92 SCALE: 1"=800'
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KAYE WOOD LAUREL`dOOD
EXHIBIT I ROBIN
1993 REPLACEMENT 15" &21" LINES (COOPER CREEK)
DRAWN BY: DANIEL BROWN CIP# 93-0171-1)08 DATE, 12-08-92 SCALE: 1" =800'
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Agvda Item f~
PROJECT CONSIDERATION'
COOPER CREEK SANITARY SEWER
• Project is $ 28,757.50 over the project budget.
• The Chisholm Trail sewer line is recommended to be
delayed one year, so that there is no impact on rates.
• The project replaces an existing 12" concrete sewer line
which is collapsed in several locations.
• The project will correct many known infiltration and
inflow sources in the area.
• The project is designed to provide future capacity to the
area.
s
iGG083.WP
EXHIBIT 11
y3-038
COOPER CREEK SAWTAR.Y SEWER `
BID TABULATIQN1m A.5
OSCAR RANDA DICKE RSDN,Ztd .0
COOPER CREEK SEWER PUBLIC CONSTRUCTION
UNIT TOTAL UNIT TOTAL
__DESCRIPTION _ QTY UNIT PRICE PRICE PRICE _ PRICE
27' Sanitary Sewet 245 LF $83.00 $20,335.00 $60.001 $14,700.00
15' SANITARY SEWER 2,970 LF $61.00 $181,110.00 $37.50 $111,375.00
6' SANITARY SEWER 231 LF $32.001 $736.00. $50.001 $1,150.00',
24' SORE & CASING 106 LF $250.00' $26,500.00. $20000 $21,200.00
6'FLEXBASE 215 SY $5.00 $1,075.00 58.00 $1,720.001
SEWER SERVICE 1 EA $300001 5300.00 $500.00 $500.00
400 LB MH RING & COVER 2 EA $300,001 $600.001 $500.001 51,000.00 i
REBUILD 5' MANHOLE 2 EA 5600,00 $1,200.00 $3,00000, $6,000.00
5' CONC MANHOLE I 5 j EA $1,500.001 $7,500.001 $4,700.001 $23,500,00;
6' CONC MANHOLE 4 EA $1,800.00' $7,200.00 $6,000.00. $24,000.00
ABANDON MANHOLE 41 EA $2,000.001 $8,000.00. $5,200.001 520,800.00
REMOVE SANITARY SEWER 3 EA $500.00 I $1,500.00 $1,000.00 53,000 00
REMOVE CURB & GUTTER j 3881 LF $5.001 $1.940.001 $40,001 $15,520.001
CONC CURB & GUTTER 10 LF $500 $50.00 $20.00 $200.00
CONC CURB & GUTTER , 101 LF 530.00 $300.001 $20.001 $200.001
CONC SAW CUT 25 LF SL00 I 525.001 $5.001 $125.00
4' CONC RIP RAP 20 f SY j $35.00 i $700,001 $30.00 5600,00
CONC BLOCKERROSION SYS 90' SY $30.001 $2,700.001 $4000 t $3,600.00
ASPHALT PATCH TYPE 'D' 31 TON $100.001 $300.00 $80.001 $24000
CONC ENCASEMENT 82 CY $70.001 55,740.00 $100.00 ! 58200.00
HYDROMULCH 6.2501 SY $0.301 $1,875.001 $2.00 E $12,500.001
ROCK EXCAVATION 1,594 CY S3,001 $4,782.001 $3000' 547,820.00
EXCAVATION PROTECTION 2,9071 LF j $1.001 $2:907.001 $1.001 S2,907.00 I
WARRENTIES 1 LS $1,000.001 51,000.00! 516,900.00! $16.900.00
PREP OF ROW 1 1 LS 52,000.001 52,000.001 $8,000.001 58,000.001
BARRICADES 1 LS 53.000.00 $3,000.001 $1,000.00 S1,000.00
PROJECT SIGN 2 4 EA $500.001 $1,000.001 $260.001 $600.00;!
COAT EXISTING MH 2' EA $90000 I $1,800.00: $2,000.00 $4,000.00
TEMP ERROSION CONTROL 1 I LS _ l $2.000,001 $2,000.00 S3,700.001 53,700,00
TOTAL-~~ - S288,2HMO $354,957.00
COST PER FOOT $89.02 $109.62
EXHIBIT III
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so
CIRCLE C LARRY JACK N
COOPER CREEK SEWER CONSTRUCTION CONSTRUCTION
UNIT TOTAL. UNIT TOTAL
_ DESCRIPTION QTY UNIT PRICE _ PRICE PRICE _PRICE
27' Sanitary Sewer 245, LF i 572.00 $17,640,00, $58.00 $14,210.00
15' SANITARY SEWER 2,970 LF $48.00 $142,560.00 $43.00 $127,710.00
6' SANITARY SEWER 23 l LF $4&00 $1,068.00! $34.00 $782.00
24' BORE & CASING 106 LF $175,00 $18,55000, $225.00 $23,850.00
6' FLEX BASE 215 j SY $4.001 $860.00 { $10,00 $2,150.001
SEWER SERVICE 1 EA $500.00 $500.00 $1,000.00 $1,000.00
400 LB MH RING & COVER 21 EA I $250.00 5500.00 $300.00 $600,00
REBUILD 5' MANHOLE 2 EA $3,00000 $6,000.00 $4,000.00 $8,000.00
CONC MANHOLE j 5 j EA I $3,000.001 $15,000.001 $3,500.001 $17,500.00
6' CONC MANHOLE 4 EA 53.750.00 $15.000.00 $5,000.00 $20,000.00
ABANDON MANHOLE 41 EA 53,000.001 $12,000.001 $3,000.001 $12,000,00
REMOVE SANITARY SEWER 3 EA $50000 $1,500.00 $1,000.00 $3,000.00
REMOVE CURB & GUTTER 3881 LF S15.001 $5,820,00 j 135.001 $13,580.00
CONC CURB & GUTTER 10' LF $5.00 $50.001 $10.00 5100.0('
CONC CURB & GUTTER 101 LF I $15.001 $150.001 $20.001 5200.00
CONC SAW CUT 25, LF $2.50' $62.50 $5.001 $125.00'
4' CONC RIP RAP 1 201 SY $25.001 $500.001 $50.001 $1,000.001
CONC BLOCK ERROSION SYS 90, SY $60.00 $5,400.001 $100,00 $9,000.00
ASPHALT PATCH TYPE 'D' 31 TON I $100.00 j $300.001 5120.00 j $360.00
CONC ENCASEMENT 821 CY $120.001 $9,840.001 $120.001 $9,840.00;
HYDROMULCH j 6,2501 SY j $1.501 $9,375.00 j $2.001 $12,500.001
ROCK EXCAVATION 1,594, CY $2.50 53,985.001 $10.00 $15,940.00
EXCAVATION PROTECTION II 2,9071 LF $1,001 $2,907.001 $2,001 $5,814.001
WARRENTIES 1 LS S7,20000 $7,200.00 $7,500.00 $7,500.00
PREP OF ROW 1 'I LS 51,000.001 $1,000.00; $2,500.001 $2,500.00
BARRICADES 1 LS $1,000.00 51,000.00 $2,500.00 $2500.00
PROJECT SIGN 21 EA $500.001 $1,000.001 5300.001 $600.00'
COAT EXISTING MH 2 EA $1,50000 $3,000.00 $1,500.00 53,000.00
TEMP ERROSIONCONTROL 11 LS $1000001 $1,000.001 $5000.00 55000,00
TOTK -$283,757.50! 32 81.0
COST PER F00T $87.63 598.94
III
QC 13N0 _ Q3 a
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CIRCLE C LARRY JACK N
COOPER CREEK SEWER CONSTRUCTION CONSTRUCTION
UNIT TOTAL UNIT TOTAL
_ DESCRIPTION QTY UNIT PRICE PRICEPRICE PRICE
27' Sanitary Sewer 245 LF $72.00 ^$17,640.00; SS&DO: $14,210.00
15' SANITARY SEWER 2,970 LF $48.00 $142,560.00 $43.00 $127,710.00
6' SANITARY SEWER 23 i LF I 546.00 $1,058.00 $34.00, $782.00
24' BORE 8 CASING 106 LF $175.00 $18,55000 $225.00 $23,850.00
6' FLEX BASE 215 SY $4.001 5860.001 $10,00 $2.160.001
SEWER SERVICE 1 EA $500.00 $500.00 $1,000.00 $1,000.00
400 LB MH RING 3 COVER 21 EA 1 $250.00 5500.00 $300.001 $600.00
REBUILD 5' MANHOLE 2 EA 53,000,00 1.6.000.00 $4,000.00 $8,000.00
5'CONCMANHOLE 5'i EA I $3,D00.001 $15,000.00 $3,500.00 $17,500.00
6' CONC MANHOLE 4 EA 53,750.00 $15.000,00 $5,000.00 $20,000,00
ABANDON MANHOLE 41 EA j 53,000.001 $12,000.001 $3,000,00' $12,000.00'.
REMOVE SANITARY SEWER 31 EA $50000 $1,500.00 $1,000.00 $3,000.00
REMOVE CURB & GUTTER .3881 LF $15.00 $5,820,001 $35.00 $13,580,00'
CONC CURB 8 GUTTER 10 LF $5.00 $50.00 i $10.00 $100.00
CONC CURB & GUTTER 101 LF I $15,00 ` $150.001 $20.00 5200.00
CONC SAW CUT 25 LF $2.50' $62501 $5.001 $125.00
4' CONC RIP RAP 1 201 SY 1 $25.001 SSD0.001 $50.001 $1,000.00
CONIC BLOCK ERROSION SYS go l SY S60.00! 55,400.001 $100.00 $9,000.00,
ASPHALT PATCH TYPE Ds I 31 TON I $109.001 $300.00 ` $120.00 $360.001
CONC ENCASEMENT 82' CY $120.00 59,840.001 $120.00 59,840.00
HYDROMULCH 8,2501 SY 1 $1.50{ $9,375.00 $2.001 512,500.001
ROCK EXCAVATION 1,594, CY $2,50 $3,985.001 $10.00 $15,940.00
EXCAVATION PROTECTION 2,907 LF $1,001 $2,907,001 $2.001 $5,814,00'
WARRENTIES 1 LS $7,200.00 57200.00 $7,500.00 $7,500.00
PREP OF ROW S LS $000.00 51,000, 00 i $2,500,001 52,500.00
BARRICADES 1 LS $1,000.00 $1,000,00 $2,500,00 $2,500.00
PROJECTSIGN 21 EA $500.001 51,000.00! 5300,001 5600.00
COAT EXISTINGMH 21 EA $1,500.00 $3,000.00 $1,500.00 53,000.00
TEMP ERROSIONCONTROL 1I LS 51,000.001 51,000.001 $5000,00 $5000.00
*283,757.50! 320 36 .00
COST PER FOOT $87,63 $98.94
F'
age"d3NO-- 11: g~--
4~ondallem,-26 "l
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E.L. DALTON RHOE)t
COOPER CREEK SEWER CONSTRUCTION CONSTRUCTION
UNIT TOTAL UNIT TOTAL
DESCRIPTION QTY UNIT_ PRICE PRICE _ PRICE PRIC_E_
27' Sanitary Sewer , 2451 LF $65,00 $15,925,0011 $98.44. S24,117.80
15' SANITARY SEWER 2,9701 LF $36,00 $106,920.00 $76.18 $226254.60
6'SANITARYSEWER 231 LF $78.00 $1,794.001; $48,32! $1,065.36
24' BORE & CASING 106 LF $375.00 539,750.00 i S144.13 515,277.78
6' FLEX BASE 2151 SY 1 $20.00, $4,300.001 $15.44 ! 53,319.60
SEWER SERVICE 1I EA $1,465,00 $1,465.00 S1,853.14' $1,853.14
400 LB MH RING & COVER J 21 EA 1 5140.001 $280.001 $514.761 $1,029.52
REBUILD 5' MANHOLE 21 EA $8,125.00 $16,250.00 $2,573.18 $5,146.36
CONC MANHOLE 51 EA 1 $5,300.00 $26,500.00 $3,60334! $18,016.70
6' CONC MANHOLE 41 EA $7,500.00 $30,000.00 $4,324.01 $17,29604
ABANDON MANHOLE 41 EA 1 $5,800.00. $23,200,001 $5,147.63 $20,590.52
REMOVE SANITARY SEWER 3; EA $1,200.00 $3,600.00 $1,253.43 53,760.29
REMOVE CURB & GUTTER 388 LF $13.00! $5,044.001 $10.291 $3,992.52
CONIC CURB & GUTTER 10I LF $6.00 $60.00 I $2.06 $20.60
CONC CURB & GUTTER 1 10 ~ LF $10.00 $100.001 $22.651 5228.50
CONC SAW CUT 251 LF $1,60 540.001 $1,54 $38,50
4' CONC RIP RAP 1 201 SY $35,001 $709.00 ` 538,031 $720.601
CONCBLOCK ERROSIONSYS 901 SY $129.00 $11,610.001 $25.73 $2,315,70
ASPHALT PATCH TYPE '00 1 3 f TON $60.00 M $180.001 $66-911 $200,73
CONC ENCASEMENT 82 1 CY $55,00 $4,510.001 $113.24 $9,285.68
HYDROMULCH 6,2501 SY 4 $0.801 $5,000.001 50.731 $4,562.501
ROCKEXCAVATION 1,5941 CY $2.50 $3,985.001 $10.28 S16,38612
EXCAVATION PROTECTION ! 2,907 LF $2.00 $5,614.00 ! $3.091 58,982.63'.
WARRENTIES 11 LS $6,57300 $6,673.00' $7,923,38 $7,923.36
PREP OF ROW 11 LS $7,500.001 $7,500.001 $3,675,001 $3,675.00,
BARRICADES i I LS $2,850.00 $2,85000 $2.465,40 $2,465.40
PROJECT SIGN 21 EA I M.00 i S1,000,00 ~ $840901 $1,680,00
COAT EXISTINGMH 2! EA $1,600.00 $3,200.00 $84000 $1,680.00
TEMP ERROSION CONTROL 1 LS I $1225.00 51,225,00 $1871.10 $1,871.101
-'0TA-L_ $329,375.001 $403,754.87
COST PER FOOT $101.72 $124.69
NO 3 ,Ca`Iom_ l`e_
_ /D 93
JAGOE PUBLIC PATE BROS aq
COOPER CREEK SEWER CONSTRUCTION CONSTRUCTIo
'UNIT TOTAL UNIT TOTAL
DESCRIPTION QTY--UNIT-PRICE _ PRICE _ _PRICE PRICE _
27' Sanitary Sewer 245 1 LF $90.00 -----.PRICE-
$22,050,00 $107.15 $26,251..75
15' SANITARY SEWER 2,970 LF $31.00 $92.070.00 $75.53 $224.324.10
W SANITARY SEWER 231 LF $25.00 5575.00 $69.77 $1,604.71
24' BORE 8 CASING 106 LF $210.00 $22,260.00 5382.81 $40,577.86
6'FLEX BASE 215 SY I $10.40. $2,236,001 $8.27 $1,778,05
SEWER SERVICE 1 EA $90000 $900.00 $850.68 $850.68
400 LB MH RING d COVER 2 EA i $200.00. $400.00 $280.61 $561.02
REBUILDS'MANHOLE 21 EA $3,000.00 $8,000,00 $2,984,10 $5,968.20
5' CONC MANHOLE 51 EA j $3,300.00 $16,500.00: $2,166.46 $10,832,30
6' CONC MANHOLE 4 i EA $4,000.00 $16,000.00 $2,822,96 $11,291.84
ABANDON MANHOLE 4 EA $4,000.00 $16,000,00', $2,584.23' $10,336.92
REMOVE SANITARY SEWER 31 EA $1,600.00 $4,800,00 $716.18 $2,148.54
REMOVE CURB 8 GUTTER 3881 LF $20,00 $7,760.00; $25,07; $9,727.16
CONC CURB 8 GUTTER 101 LF $1000 $100.00 $3.58 535,80
CONC CURB 3 GUTTER 10! LF
CONC SAW CUT I ~ $20.00 $200.00 i $59.68 $596,60
251 LF $4.00 $100.00 $2.39 $59.75
4' CONC RIP RAP 201 SY ( $40.00 $800.001 $55271 $1,105.40
CONC BLOCK ERROSION SYS 90 i SY S30.00 $2,700.00 $47.75 $4,297.50
ASPHALT PATCH TYPE 'Do 31 TON 1 $125.00! $375.001 $477.48 f $1,432.38
CONC ENCASEMENT 82! CY $7000 S5.740.001 $107.43 58,809.26
HYDROMULCH 8,2501 SY $3.00 $18,750.00 $0.39! $2,437,50
ROCK EXCAVATION 1,594 CY $22.00 $35,068.00 $1420 $1,912.80
EXCAVATION PROTECTION 2,9071 LF $1.00 52,907.001 $0.60 51,74410
WARR£NTIES 1 LS $14,680.00 $14,680.00 S119.36 $119,36
PREP OF ROW 1 LS $6,500.00 $6,500.00! $1,790.46 $1,790.46
BARRICADES 1 LS $600,00 $600.00 $1,790.46 $1,790.46
PROJECTSIGN 21 EA $300.00 $600,00,' $417.77 $835.54
COAT EXISTING MH 2 EA $1,300.00 $2,600.00 $895.23 $1,790.46
TEMP EPRROSIONCONTROL 11 LS 59000.00 $9,000.00' $1,790,46 $1790.46
X308 271 60~ $376
l
26
COST PER F00T $95.20 5116.37
Y
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VENUS AVERAGE
COOPER CREEK SEWER CONSTRUCTION
_ COST _
UNIT TOTAL UNIT TOTAL
_ DESCRIPTION QTY UNIT PRICE -PRICE PRICE PRICE
2T Sanitary Sewer i 245 j LF I $7723 ! $18,921:35 $78.98 1
15' SANITARY SEWER 2,9701 LF S49,82 $19,350.10
6' SANITARY 5147,965.40 &J0.89 $151.149.90
SEWER 23 LF ~ $75.00; 51,725.00 350.681 51,165.56
24' BORE & CASING 106 LF $282,75
6'FLE%BASE 215 ' $29,971.501 5249.41 $2Q437.46
SEWER SERVICE 1 Sy $5.001 $1,075.00 S9.671 $2,057.07
1 EA $350.00 5350,00 $857.65 $85765
400 LB MH RING & COVER 21 EA $22500 $450.00 1 5301 14
REBUILD 5' MANHOLE 21 EA $3,500.00 $802. 28
5' CONC MANHOLE I 57,006.00 $3020.25 $6,840.51
51
51 EA i $3,659.001 $18,295,001 $3,414.31 $17,071.56
6' CONC MANHOLE 4 1 EA $4,439.00 $17,756.00 i S4,404.00
ABANDON MANHOLE 17,615.99
~ 4+ EA i $4,094.00 $16,378.001 $3,869.541 $ E15078.16
REMOVE SANITARY SEWER 3 EA $300.00 $90000
REMOVE CURB & GUTTER ~ 388 j LF ~ $10.00 t $3,880.00 f $$19.26 + $7,473.74
CONC CURB & GUTTER lo I LF $5.00
CONC CURB & GUTTER $5000 $7.40 $7004
CONC SAW CUT 1 101 LF 545'00 ~ $450.00 $28.93 ~ $264.26
C NC S RIP RAP 251 LF $2.50, $62.50 5284 $70.92
4'
CONC CO C RIP ERROSlON SYS 1 $47.00 j $940.00 $39.26 $78511
ASPHALT PATCH TYPE 'D' 901 SY I 546.00 i $4,050.001 $56.391 $5,074.80
ASPHALT
ENCASEMENT 3 j TON $45.00 f 5135.00 $$130 1, $391.48
HYDROMULCH 82, CY $12500 $10,250.00 597.85+ $8,023.88
ROCK EXCAVATION ON 6,2501 SY $1.001 $8,250.00 S1:301 $8,138.89
1,5941 CY $1.25 $1.992.501 $9.19 514,65240
EXCAVATION PROTECTION 2,907E LF $1.001 $2,907.00
WARRENTIES 1 ! LS $9.052.00 $1.01 $4,098:87
PREP OF ROW $9.052.00 $7,883.08 $7,883.08
BARRICADES 1 LS $2,500.00; $2,500:001 $3,940.61 r 53,940.61
1 LS $1,000,00 $1,000001 $1,80065 51,800.65
PROJECTSIGN 21 EA j $250.00j $500.001 $428.64
COAT EXISTINGMH 2! EA $2.250.00 $85728
TEM
P ERROSION CONTROL 1 I LS $1,500.00; $1 50000 001 $3 4009 62 j S3'g0p9 62
MOTAU
COST PER FOOT 3 o 4'25'' 307.88
$95.99 $102.13
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A'1 n
NW3No. 99-
AgEedaltem ~5
D a I a A
D~-4
CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McK1NNEY i DENTON. TEXAS 76201
MEMORANDUM
DATE: Septembe 7, 1993
TO: Glen Gary, Engineering Associate
FROM: David Salmon, P.E. Senior Civil Engineer
SUBJECT: Bid recommendation for Cooper Creek Sanitary Sewer
Bids were opened for the subject utility project on September 2,
1997. Circle C Construction of Fort Worth Texas was the low
bidder at $283,757.50, our estimate was $722,000. Circle C has
completed utility projects for the City of Denton successfully in
the past. Therefore, we recommend that the Cooper Creek Sanitary
Sewer project be awarded to Circle C.
David Salmon
AEE002AB
8171566.8200 D/FWMETRO434-2529 EXHIBIT IV
COOPER CREEK SANITARY SEWER_ 994AY
FUND ANALYSIS +a°~datrem 00
ACTU
DESCRIPTION BUDGET ESTIMATE
iNSPECTION 15.000.00 515, 000.00
CONSTRUCTION $255.000.00 $283.757.50
TOTAL $270,000.00 $298,757.50
(OVER /UNDER BUDGET ($28,757.50
POSTPONED PROJECT CHISHOLM $230,000.00
TRAIL
ALLOCATED FOR
UNIVERSITY SEWER ($140,515.50)
AVAILABLE FOR USE ON
COOPER CREEK $89,484.50
TOTAL WITH POSTPONED $359,484.50 $298,757.50
PROJECT
OVER /UNDER BUDGET $80,727.00
EXHIBIT V
i
1993 CAPITAL IMPROVEMENT PROJECT 4 93-0471006
PROJ TITLE. REPL, S£WERLINE COOPER CREEK ~g0>G3N0___~,{~
Agz,
ESTIMATED COST; $270 (x 1000) EVALUATION $ RE`em f
GROUP ASSIG ENT- -
,S0
DESCRIPTION: Replace Cooper Creek from Sherman to approximately 1000 FT
west of Nottingham with 15" and -1"
PURPOSE: Existing line is deteriorated and has been abandoned. Replacement
necessary to increase capacity.
COST
CALCULATION: 1993 Construction $270,000
FUNDING REQUIREMENTS:CASH FLOWSIENCUMBERANCES (in Dollars x 1000)
ENC EXP ENO EXP ENO EXP ENO EXP ENO EXP ENO EXP
1993 0 N D J F M
A M J 180 45 J 45 A 45 S 45
1994 O 90 45 N 45 0 J F M
;
A M J J A S.
1995 0 N D J F M
A M J J A S
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BONO REV AIC OTHER TOTAL
TOTAL IST YR $180 s0 cn so 5180 $180 $0 so s0 $180
TOTAL 2NO YR $0 $90 $0 $0 $90 $0 $90 $0 $0 $90
TOTAL 3RD YR $0 $0 $0 $0 $0 $0 $0 SO s0 $0
GRAND TOTAL $180 $90 $0 s0 $270 $180 $90 $0 s0 $270
ENCUMBERANCE DATES Encumbered as spent.
PHASE DATE AMOUNT
General Purchase
Engineering Design
inspection 8193 $15
Construction 8193 $255
Miscellaneous
ENCUMBERANCE TOTAL $270
COMMENTS: This Is a multiyear project beginning in 1993.
Encumberancos: Prior to 1993 $ 0
Current CIP $270,000
Total Project Budget $270,000
EXHIBIT VI
312192 8:47
1999 CAPITAL IMPRCVEIME;`JT PROJECT T ?,1-0471 E11
PROJ T iTLE. J) (1993) UPGRADE: NTERCEPTCR ~DO i3IV0..
Aa.1oalcen^L°5
ESTIMATED CCST: $650 (x 10001 [
GROUP ASSiGlJh4NT:
DESCRIPTION:
Corinth Force Main Lift Station to Interceptor 8112" 5,400 LF $295,000
Ch snoim Trail Area Cora ova o Sluart 6115' 2,580 LF 523 .0 0
ei owstone mgs ow to on erey L
TOTAL 9,580 $650.000
PURPOSE: To increase capacity of the interceptor and prevent sewage backup
into the surrounding area.
COST Design Estimate $55,000
CALCULATION; Construction Estimate $595,000
FUNDING REOUIREMENTS:CASH FLOWSIENCUMBERANCES (In Dollars x 1000)
ENC EXP ENO EXP ENC EXP ENC EXP ENC EXP ENC EXP
1994 0 N 0 270 135 J F M 135
A M J 325 160 J A S 165
1995 0 N D ; F M ;
A M J ; A S ;
1996 0 N 0 J ; F M
A M J J A S
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
'TOTAL 1 ST YR $595 SO SO so $595 $595 $0 so so $595
TOTAL 2ND YR $0 so s0 $0 $0 so $0 s0 S0 $0
TOTAL 3RD YR $0 s0 so $0 $0 $0 SO $0 SO So
GRAND TOTAL $595 $0 $0 s0 $595 $595 SO so so 5595
ENCUMBERANCE DATES Encumbered as spent.
PHASE DATE AMOUNT OBJECT #
I
General Purchase
Engineering Design 3193 $55 656018563
~Inspectlon 3194 $40 8562
,Construction 3194 $555 9138
Miscellaneous
ENCUMBERANCE TOTAL $650
COMMENTS; This Is a multiyear project be4inn:ng In 1993,
Encumberances: Prior 10 1994 $65.000
Current CIP $595,000
Total Project Budget $650000
3115!9313;33 pd EXHIBIT VII
gendaNa y~ D~~
DATE: OgWq~, , 1993
CITY COUNCIL REPORT 'iF
' f0: Mayor and Members of the City Council QO
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1542 - UNIVERSITY DRIVE SANITARY SEWER
RECOMME211DATION: We recommend this bid be awarded to the love b'ddc-r, Oscar
Renda Contacting, Inc. in the total amount of $577,145.00.
SUMMARY: This bid is for all materials and labor involved in the construction of
approximately 9000 feet of sanitary sewer in the area of University Drive and Malone
Street.
Nine bid proposals were received In response to thirty three invitations to bid mailed
to contractors.
BACKGROUND: Tabulation Sheet, PUB Meeting Backup - September 13, 1993.
FISCAL IMPACT: Budgeted Capital Improvement Project funds for 1992 and 1994
sewer line upgrade Account Number 674-082-RB93-VI02-9138 the fund balance is
$904,518.68.
pec ully sub t d:
loy Harre I
City Manager
Prepared By:
Name: Den se Harpool
Title: Senior Buyer
Approved:
Name: Torn D. Shaw,C,P.M.
Title: Purchasing Agent
agenda, 427
BID_ 1642
BID NAME UNIVERSITY DRIVE OSCAR DICKERSON CIRCLE C LARRY H. E.L. DALTON
SANITARY SEWER RENDA CONST. CONST. JACKSOINC CO. INC.
PEN DATE SEPTEMBER 2, 1993 CONST.INC
QUA-F171TY. _bESCRIPTI~N _VENV~R _ _ VE~lpb~_ _ _iTEND~f~ _ __._1fE(~TDCSR _ _ _V~F7CS~R__.
BASE BID $577,145.00 $901,032.65 $745,316.00 $793,591.00 $729,000.00
BID # 1642
BID NAME UNIVERSITY DRIVE RHODE RADICH PATE VENUS
SANITARY SEWER CONST. CO CONST. CO BROTHERS CONST.
PEN DATE SEPTEMBER 2, 1993 INC. INC CONST INC CO
UANTITY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR
1, BASE BID $913,702.00 $899,680.95 $716,863.63 $836,771.79
f
k
qo^93Mo
September 270 1993
TO: CHAIRMAN AND MEMBERS OF THE PUBLIC UTILITIES BOARD
FROM: R. E. Nelson, P.4.0 Executive Director of Utilities
DATE: September 13, 1993
SUBJECT: CONSIDER HID OPENING 1542 FOR CAPITAL IMPROVEMENTS
PROJECT - UNIVERSITY DRIVE SANITARY SEWER RELIEF LINE
F.ECO&MENDATION:
The Utility Staff and the Engineering & Transportation
Department recommend award of the contract to Oscar Renda
Contracting, Inc., for the amount of $577,145.00, for the
construction of the University Drive Sanitary sewer relief
line.
Y:
The University Drive Sanitary Sewer Project consist of
approximately 8,010 ft. of 15" sanitary sewer and 909 ft. of
21" sanitary sewer. Bids were opened on September 2, 1993
with a total participation of nine (9) bidders. Oscar Renda
Contracting, Inc., of Roanoke, TX, was the lowest qualified
bidder for the amount of $577,145.00. The bid is
approximately $ 140,515.50 over the construction budget,
including the estimate charge for asphalt.
The bid does not include asphalt patching. The Engineering
and Transportation Department will perform this 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 e,::;imate for patching is 21,450 square foot for
$42,900.00.
t
Page 2 4g~lr 3 r0
Bid Opening 1542 AaG~dallem,_ itQ~?
University Dr. Sanitary Line J
$ACKGROUND:
The University sewer line was identified for replacement by
the 1985 Freese & Nichols Master plan and services the area
north and west of University Drive and Malone, including
Exposition Mills. This entire area is serviced by a 10^
sanitary sewer line. The line has exceeded capacity for
several years and has been in the CIP since 1991. Surcharging
occurs daily, and overflows are common during rainfall events.
The proposed line is necessary to support the current
development and needs to be complete before any more
development can occur on the east side of I-35 north of
University Drive along University Drive itself. The proposed
line has enough capacity to handle the normal development of
the area and has also been designed deeper than originally
planned in order to accommodate an interception along Bonnie
Brae, which would eliminate the Barrow Lift Station.
The line was scheduled to be built in the summer of 1992. The
project has been delayed due to difficulties in obtaining
easements. A portion of the line had to be rerouted and
redesigned due to difficulties in obtaining easements from
Hunt Petroleum Company along Emery Street.
AGENCIES AFF T D:
The Citizens of Denton, Denton Municipal Utilities, and Oscar
Renda Contracting, Inc,
FISCAL IMPACT:
$440,000.00 is budgeted in bond funds for the FY92 ClP for
construction of University Drive sanitary sewer. Construction
of FY94 sewer line upgrade in the Chisolm Trail area for a
budgeted amount of $230,000, is recommended to be postponed
one year in order to compensate for the budget overage for
this project and the Cooper Creek project, The projects to be
postponed are in the Cooper Creek basin. See Exhibit V (Fund
Analysis) for more detail.
Page 3 Ag ntldlfem, O&V.
Bid opening 1542 Qae /D
University Dr, Sanitary Line s'~d
Respectfully Submit_ed
R. E. Nelson, Executive
Director of Utilities
Prepared by:
Gerald P. Cosgrove, P.E.
Engineering Administrator
Approved by:
Lee K. Allison, Director,
Water Engineering & Operations
Exhibits:
I Location Map
II Project Considerations
III Hid Summary
IV Letter of Recommendation
V Fund Analysis
VI CIP Detail Sheets
VII CIP Detail Sheet of Postponed Project.
S
j
LOCATION MAR No _AwL:O.M..
Ayrrdallem,- SIB
PROJECT LOCATION.
t.
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ti ~
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I- i
I , I I I r++
fill
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EXHIBIT I :TT oA C[hTCA,
MATI R/IYAIT[M~T[A [N[IM[[RIR/ '
m
~1,1 No
Aa.^da'~tem ~ ~
PROJECT CONSIDERATION O
UNIVERSITY DRIVE S., NITARY SEWER
Project is $140,515.00 over Budget.
• One Project is recommended to be delayed one year so that
there is no effect on the races.
• This project is necessary before any further development
of the area north and east of the interoection of Malone
and University can take place. This includes the area
around Exposition Mills.
The existing 10" line is overloaded and overflows during
wet weather periods.
i
The project is designed to provide future capacity to the
area.
1
i
I
I
i
i
1GGG.2.WP
EXHIBIT 11
a
D 19"~du No
~~:'rdaltem
CITY ofDENTON, TEXAS MUNICIPAL BUILDING 215 E. McKINNEY DENTO ~Xp5~201
MEMORANDUM
DATE: September 8, 1993
TO: Glen Gary, Engineering Associate
FROM: David Salmon, Senior Civil Engineer
SUBJECT: University Drive Sanitary Sewer Aid Recommendation
Bids were opened for the subject project on September 2, 1993.
Oscar Renda Contracting, Incorporated of Roanoke was the low bidder
at $577,145.00. Our estimate was $784,000.00. The mean of all
bids received was approximately $790,000,
As Oscar Ronda Contracting, Incorporated has not previously worked
on a public utility project in Denton, we called on several
references including the Cities of Carrollton, Farmers Branch, and
Dallas. In most cases, Oscar Renda finished the jobs early with
minimal change orders. All work met standards. Personnel were
professional and easy to work with.
In light of our findings, we recommend Oscar Renda Contracting,
Incorporated be awarded the bid for University Drive Sanitary
Sewer.
L
Dav d salmon
AEE002AB
8171566.8200 01FWMETRO 434.2529 EXHIBIT III
4
S
UNIVERSITY SANlTARYISEWiER
BID TABULATION---40 3
UNIVERSITY SEWER OSCAR RANDA DICKERS;
_PUBLIC CONSTRUCTION _
_ DESCRIPTION UNIT TOTAL UNIT TOTAL
QTY UNIT PRICE PRICE PRICE PRICE _
21' Sanitary Sewer LF -
0'-6' deep 470, LF 50.00' $O. DO j
6'-8' dDEEP eep .00
$4800 S22,560.00' $37,85 3401 LF II 17,789.50.
8'-10'DEEP f S48.Q0516,320.00 1 $42.88 $
1, $14,678.20
15' SANITARY SEWER 99, LF $48.00 $4,752,00 $47.85
$4,737,15
6'deep 0 LF $0.001 $0.00 0'- 6 DEEP LF $0.00 $0.00 1
1,100 LF $42.00 $46,200.00! $0.00 +I
8'-10'DEEP 3,349 LF $42.00 $140,658.00 $6000 1 $1$5167,,450 OP;
10'-12' DEEP 1,411 LF ( $44.00,
12'-14' DEEP 562,084;;] $55.001 $17,605:00~
1,160 LF $44.00 $51,040,00 $65,00
14'-!0' DEEP 380 ~ LF $75.400.00
16'-18' DEEP $48.00; $18,240.00: $75.001 $28,500,00
1
380, LF $48.00 $1824000 $8500 $32,300.00
18'-20' DEEP 230 LF i $52.001 $11,960,00+ $100.001 $23,000.001
8' SANITARY SEWER 781 LF $46.00
24' CASING DUCTILE IRON 18' LF $50.00 $3.588 00! $60001 $4,680,00 1'
$900.00+ $60,00+ $1,080.00
27' BORE d CASING 100 ! lF $200.00
18' BORE dCAS IN + $20,000.;0 520000 1 $20,00000'
REMOVE SANITARY SEWER 14 F I 200 ,20000 160 $14,400.00
SEWER SERVICE $100,00 $1 51,400.00 $6000 1 1 '
5' MANHOLE j 1 231 ' EA $200.00 5200.00 5500.00 $640D0
+ 5500.00
5'DROPMANHOLE I EA $1,200.00 $27,600.001 $4,350,001 $100,050,001
BREAKINTOEXISTINGMH 1 81 EA $I,t00.00 $12,800,00+ $5,000,00 $40,000.001
ABANDON MANHOLE 2
I LS 1 EA $1,00000 52,000.00 $500,001 $1,000,001
REMOVE CURB AND GUTTER ' 48 I Cy i 5500.00 $1'500.00 St,500.00 f
REMOVE CONCRETE PAVING 6701 LS $$44 00 i $144.001 $10.001 .700,001
REMOVE CONC WALKS 3DAIVFS 181 SY $10.00 $180001 52'680'001 $10.001 $ $180.00 ~
CONCRETE CURB 6 GUTTER 481 Sy 510001 5480.001 $20.001 $980,001
6' CC NC PAVING 6701 SY $30,00
CONC SIDEWALK 520,100.001 540.001 $26,800.00
CONC SAW CUT 181 Sy $26.00 j $450,00 j $30,001 $540.001
ASPHALT SAW CUT 2,013 lF $200 $4,028.00 S3.D0 + $6,039,00'
LOWER WATER LINES 8,532 LF $1.001 $8,532,001I $ 1.b0 $12,788.00+
f0'X4'JBOX t~ EA $1,200001 $1,200.00 $4,600.00 54,00.001
EXCAVATfONPROTECTION 8,238 I EA $4,000.00 54,000,001 $5,500,001 $5,500.001
ROW PREP $1,00 $8,238.00 S1,00 $8,236.00
TEMP EROSION CONTROL 1 LS 58,000.00, $8,00000 SSA00.00:
1 j LS 1 $3,000, 00 ; $1.000, 001
PROJECTSIGN $1,000,00] E$250.001 51,000.00
ROCK EXCAVATION 2' EA $50000 11,00000; 5250.00 $500,00
WARRANTIES 9,6251 LF 1 0,001 $28,875001 $10,001 $96,250.00!
BARRICADES 1 j LS 55000 1 $1,000001 $42,000,00 $42,000,001
toRfiAC --,o $5000.001 $7,000.001
577 145.001` 4 s1goo 00 i
COST PER FOOT 90fi 043.85'
364,15 5100.15
EXHIBIT IV
e
~6ndaNa
Ag;ndallem~
Da 10
CIRCLE C LARRY JAC ON
UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION
UNIT TOTAL UNIT TOTAL
DESCRIPTION QTY UNIT+ PRICE PRICE _ PRICE PRICE _
21' Sarllary Sewer LF - $0.00, 1 $0 00
0'-6' deep 470 LF $5600 $26.32000 S3200, $15,040.00
6'-8' DEEP 340 j LF $58,001 $19,720.001 $3350 j $11,39000 i
8'-10'DEEP 99, LF $6000 $5940.00 536.50' $3,613.50
15' SANITARY SEWER LF $0.00 i, $0.001
0'-6' deep 0 LF $51.00 $0.00 $47.00' $000
6'-8' DEEP i 1,100 LF 1 $53.001 $58,300.001 $48.001 $52,800.00',
8'- 10' DEEP 3149 LF $55,00 $184,195,00 $51,00 $170,799,00
10'-12' DEEP 1,411 I LF $57-001 $80,427.00 $56.601 $79,721,50
12'-14' DEEP 1,160 LF $5900 $68,440.00 $63.00' $73,080.00
14'-16'DEEP 380{ LF $61.001 $23,180.001 $73001 $27,740.00!
16-18' DEEP 380 LF $67.00 $25,400,00 $94.00! $35,720.00
18'-20' DEEP 230 LF $75.0011 $17,250,0011 $117,001 $26,910.001
8' SANITARY SEWER 781 LF $51,00 $3,978.00' $47.00 1 $3,868.00'
24' CASING DUCTILE IRON 181 LF $100.001 $1,800.001 $50001 $900.001
27' BORE 5 CASING 1001 LF $175.00 1 $17,500.00! $250.00 1 $25,000.00
18' BORE &CASING 961 LF 1401 $13,440.001 200 $19,200.001
REMOVE SANITARY SEWER 14 LF $20.001 $280.00' $3000 $420.001
SEWEP SERVICE 1 EA I $500001 $500.001 51,000.00 ( 51,000.001,
5'MANHOLE 231 EA $2,500,001 $57,500.001 $S,000.OO1 $115,000,001
6' DROP MANHOLE I 8 { EA 1 $3,000.001 $24,000.001 $3,000,001 $24,000.001
SPEAK INTO EXISTINGMH 2 EA $750.00 $1,500001 $1,000,001 $2,000,00
ABANDON MANHOLE 1 LS 1 $500001 $500.00 { $1,500.001 $1,600.00 i
REMOVE CURB AND GUTTER 1 481 CY $2.00, $96.00 I $10.001 548000
REMOVE CONCRETE PAVING 6701 LS 1 $4.001 $2,680.00 $5.00 { $3,360.001
REMOVE CONC WALKS 3DRIVES 18 ! SY $3.001 554.001 54.001 $72.00
CONCRETE CURB 8 GUTTER 1 461 SY I $15.001 $720,001 $25.00 { $1,200.001
6' CONC PAVING 6701 SY 301 $20.10000 530.001 $20,100.00
CONC SIDEWALK 181 SY 1 30 . $540.00 i $40.00 $720.001
CONCSAW CUT 2,0131 LF 2.5 $5,032,50 $2001 $4.026.00
ASPHALT SAW CUT 8,632 LF 2 $17,064.00 $2.00 517,064.001
LOWERWATERLINES 1 EA 25004 $2,600.00 $5,000.001 $5,000,001
1 O'X4',1SOX 1 EA 50001 $5,000.00 $7,500 001 57,50000
EXCAVATION PROTECTION 8,2381 LF 11 $8236.001 $1.501 $12,354,001
ROW PREP 1 I LS 500 $50000, $2,000.001 $2,000.00
TEMP EROSION CONTROL 11 LS 1 5001 $500.001 $10,000.001 $10,000,001
PROJECT SIGN 21 EA 250 $500,00 5300.00 ^ $600.00
ROCKEXCAVATION 9,6251 LF 1 2,51 $24,062,601 $5.001 $48,125.001
WARRANTIES 11 LS 25000 $25,000,00' 515AOO.00 $15,000.00
BARRICADES 1 LS 25001 52,600.001 521500.001 52,500.001
T~TAL~ `$745,315.00 0839,591.00
COST PER FOOT $82.84 593.32
,
Ago 03N0 --V3 r_.O.-If
Agnddll6m 401'
Iks,6-1n~ J
S ,~D
E.L. DALTON RHODE
UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION _
UNIT TOTAL UNIT TOTAL
DESCRIPTION QTY UNIT PRICE PRICE PRICE PRICE
21' Sanitary Sewer LF j $0.00 u - $0,001
0'-6' deep 470 LF $38.50 $18.095.00 $80.76 S37,957 20'
6'-8' DEEP 340 LF $41.50' $14,11000 $85.45 j $29,053.001
8'-10'DEEP 99 LF $46,00 $4,554.00 588.57 $8,76843,
15'SANITARYSEWER i LF $0.00; 1 SO.00i
0'-6' deep 0 i LF $40.00 $0.00 $0.00
6'-8' DEEP
1,1001 LF $42.501 $46,760.00: $62.52 j $68,772.001
8'-10' DEEP 3,3491 LF $40.001 $133,960,00 $62.52 $209,379.481
10'-12' DEEP 1,411 LF $37.00 j $52,201.00' $64.61 $91,164.71
12'-14' DEEP 1,160 LF $54,00 $62,640.00 $67.73 $78,566.80
14'-16' DEEP 380 LF $47.001 $17,860.00 $72.941 $27,717201
15'-18' DEEP 3801 LF $58.50 $22,230.00 $78.15 $29,697.00
18'-20' DEEP 230 LF i $60,501 $13,915.00 $83.36' $19,172,80!
8' SANITARY SEWER 781 LF $55.00 $4,290.00 $57.31 54,470,18
24' CASINO DUCTILE IRON 18 LF $96.00 $1,728.00 j $72.94 $1,312.92+
27' BORE d CASINO 100 LF $375,001 $37,500 DO, $156 30 ! $15,630,001
18' BORE &CASING ( 96 LF 1911 $18,336.00 j 119.83E $11,503,681
REMOVE SANITARY SEWER 14 LF S30.001 $420,00 $15.631 $218.821
SEWER SERVICE 1 EA 1 $825.001 $825.00 f $1,875.63 i $1,875.63 j
5' MANHOLE 23 EA $4,525.001 $104,075.00 $3.647.06; $83,882.381
6' DROP MANHOLE 81 EA 1 $5,400,001 $43,200,00 j $4,689.08 1 $37,512.641
BREAK INTO EXISTINGMH 21 EA $950.001 $1,900.00 $1,563.03' $3,126061
ABANDON MANHOLE 1 1 LS 1 $600,001 6500.00 5633.61 $813.61
REMOVE CURB AND GUTTER 48 CY $8.00 $288.00 $5,21 $250081
REMOVE CONCRETE PAVING 870 LS $5.001 $3,350.001 $10.421 $8,961.401
REMOVE CONO WALKS VE
CONCRETE CURB 8 GUTTER 481 SY $10.00 $480.00 4 $26.051 $1,250.40
W CONC PAVING 6701 SY $40.00 r $28,800.00 $36.47 $24,434.90
CONC SIDEWALK I 181 SY $23.001 $414.001 S31.261 $562.681
CONC SAW CUT 2,0131 LF $1.001 $2,013.0 $251 $5,052.63
ASPHALT SAW CUT 8,6321 LIF $1,00 $8,632.01 $0.63 $4,621.961'
LOWER WATER LINES 1 EA
1 $2,000.00 $2,000.001 $1,675.63, $1,875610'X4'JBOX 1 EA $6,700.001 $8,700.00 54,929.97 $4129,97'
EXCAVATION PROTECTION 8,236 LF ! $2.00f $16,472,001 $2.081 $17,130,881
ROW PREP 1 1 LS $10,000,001 $10,000.00 $2,084.03 $2484.03
TEMP EROSION CONTROL 1 LS f $5,000.00 ~ $5,000.001 $8,338.13 4 58,338131
PROJECT SIGN 2! EA $600.00! $1.200.00 $833.61 $1,66722!
ROCK EXCAVATION 9,825 + LF $3.00 f $23,87500, $521 1 $50,148,251
WARRANTIES 11 I_S $12,891.001 $12,891.00 $13,255.58' $13,26558
BARRICADES ES LS_ f $2800.001 $2,800.00! $10420,171 510420.17f
X729 000 00 913,702.01
J
COST PEA FOOT $81.03 $101.56
RADICH PATE BROS
UNIVERSITY SEWER CONSTRUCTION CONSTRUCTION
UNIT TOTAL UNIT TOTAL
DESCRIPTION QTY UNIT PRICE PRICEPRICE _ PRICE _
21' Sanitary Sewer Lf $0.00 $0.00
0'-6' deep 470 LF S46.55 $21,878.50 $4387 $20,618.90
6'-8' DEEP 3401 LF $47.55 i $16,167.001 545,33 $15,41220
8'-10' DEEP 99 LF $48,55 $4,806.45 $47.14 $4,666.86
50,00
15' SANITARY SEWER , LF i $0.001
0'-6' deep 0 LF 50.00 546.97 $0.00
6'-8' DEEP 1,100 { LF I $42 25 j $46,475.001 $51,50 f $56,850.00
8'-10' DEEP 3,349 LF S43.25 $144,844.25 $54.14 $181,314.86
10'-12' DEEP 1 1,411 1 LF I 544251 $62,436.751 $56,001 $79,016.00
12'-14' DEEP 1,160, LF $4525 $52,490.00 $5827 $67,593.20
14'-16'DEEP 3801 LF j $47.251 $17,955.00 561,091 S23,2t420
16'-18' DEEP 380 LF 549.25 $18,715.00' $64.86 $24,646.80'
18'-20' DEEP 2301 LF 55225 j 512,017,50E $78231 $17,992.90
8' SANITARY SEWER 78 LF 545.00 53,510.001 $44.43 $3,465.54
24' CASING DUCTILE IRON 1 181 LF S100.00 j $1,800.00 $177.48 $3,194.641
27' BORE & CASING 1001 LF $325.001 532,500.00 $292,401 529,240001
18' BORE &CASING + 961 LF $185.001 $17,760.00 214.26 $20,668.961
REMOVE SANITARY SEWER 14 ~ LF $30001 $420.00 $1240 5173.60'
SEWERSERVICE 1 j EA $2,500,00 $2,500.00 $700,39 3700.391
5' N,ANHOLE 231 EA $3,500.001 $80,500,001 $1,956.601 $44,999,60?
6' DROP MANHOLE 81 EA j $4,800.001 538,400,00 f $2,364.08 $111,832,64
FREAK INTO EXISTING MH 21 EA $2,000001 S4,000.001 $682.24 1 51,364.48
ABANDON MANHOLE 1 4 LS $1,000.00 ( $1,000.001 $676.601 $676.60
REMOVE CURB AND GUTTER 48 CY $2.001 $96.001 53.38 $162.24
REMOVE CONCRETE PAVING j 6701 LS j $5,001 S3,350.00 $3.381 $2,264.60
REMOVE CONCWALKS &DRIVES 18 SY S5.50 $99.00 $3381 560.84
CONCRETE CURB & GUTTER 481 SY 518.001 $864.00! $47.361 $2,273.281
6' CONC PAVING 670 SY $32.00 $21,440.00; $62.45 541,841.50
CONC SIDEWALK f 181 SY S30.001 5540.001 $46.231 $832,14
CONC SAW CUT 2,013 LF $2.50' $5,032.501 $2.25 54,62925
$3,500,001 $1,186231 $$1119.197.00
LOWERLWATERLANES 8632 EA S3,50000 $
1014'JBOX 1 EA $6200.00 $6,200.00 $15,570 801 $15,670.60
EXCAVATION PROTECTION 8,2381 LF 51.00 $8,236.001 $0.11 $905,96
ROW PREP 1 I.S 37,000.00 $7,000.00 $112.77 Si 1217
TEMP EROSION CONTROL 1 I LS $6,000.001 $6,000.001 $1,691.60 $1,691.50 j
PROJECTSIGN 2' EA $300.00 5600,00 S394.68 $78936
ROCK EXCAVATION 9,6251 LF $22001 $211,7%001 $1.131 510,87613'
WARRANTIES I' LS $27,000.00 $27,000.00 5112.77 $112.77
BARRICADES _-L_-___11 LS $5,000.001 $5000.001 5112.771_ $112,77
7~6 863 3
YO'fAU--- -s-699.6-80.95:
COST PER FOOT $10000 $79.68
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UNIVERSITY SEWER VENUS AVER GE
CONSTRUCTION COST _
UNIT TOTAL UNIT TOTAL
_DESCAIPTION OTY UNIT PRICE PRICE _ PRICE PRICE
21' Sanitary Sew` e- LF $0 .00 - $000
0'-6' deep 470 LF $4268 $20,059.60 $4736 $22257.63
6'-8'DEEP 1 3401 LF I $45.68 'I $15,531,201, $4917 $16,920.29
8'-10'OEEP 99 LF $4868 $4,819.32 $5237 $5,184.19
15' SANITARY SEWER LF $0.001 $0.00; $0.00
0'-6' deep 0 LP $49.73 $0.00 $26.08 $0.00
6'-8' DEEP 1,100 { LF $5273 $58,003.001 $49.001 $53,900.00
8'-10' DEEP 3,349 LF $55,73 $186,639.77 550.40 $168,804.43
10'-12' DEEP 1,411 j LF $59.73 i
584,279.03 ~ $52.68, $74,326.78
12'-14' DEEP 1,1601 LF $63,73 $73,926.80 557,78 $67,019.64
14'-16' DEEP 1 3801 LF 59073 534,477.401 $64.001 $24,320.42
16'-18'DEEP 3801 LF $107.73 540,937.40+ $72.50! $27,549.58
18'-20'DEEP j 2301 LF I $117.73 $27,077,90 $61,791 $18,810.68
8' SANITARY SEWER 78' LF $49.00 $3,82200' $50.531 53,941,08
24' CASINO DUCTILE IRON ' 181 LF 553.25 I S958.50 ~ $84.411 $1,519.34
27' BORE & CASING 1001 LF $25256 $25,256001 $247,361 $24,736.22
18' BORE &CASING 96 LF $176.00 i $16,800,001 $176,011 $18,800.96
REMOVE SANITARY SEWER 14 LF $20,00 i $280.00 $35,
5 $35341 $494.71
SEWER SERVICE 1 EA 5350.001 $360,00, 5939,00 j $939.00
' MANHOLE 231 EA $3,852.00 $88,696,00 1 $3,392,28! $78,022.54
6' DROP MANHOLE 81 EA ` $4,452.00 $35,616,00 $3,810.67 $30,484,69
BREAK INTO EXISTING MH 2' EA $1,000.00 $2,000.001 $1,049.47 $2,098.95
ABANDON MANHOLE 1 1 LS 5300.00 i 530001 + $812.25 $812,25
REMOVE CURB AND GUTTER 48 CY S500 $240.00. F $5.18. $248.48
REMOVE CONCRETE PAVING 670 LS $5.001 $3,350.001 $5.781 S3,8%22
REMOVE CONC WALKS &DRIVES 18 SY $500, 590.001 $6.26 , $112,60
CONCRETE CURB i3 GUTTER 1 481 SY $35.50 j $1,704.001 $22,991 $1,103,62
6' CONC PAVING 670 SY $35,50 523,785.001 S37.38' $25,044.60
CONC SIDEWALK 18 ~ SY $22.50 $405.001 530.891 5565.98
CONC SAW CUT 2,013 LF $275 $5,53S.75 $228 $4,687.40
ASPHALT SAW CUT I 8,632E LF i $2,691 $22,097.88 i $1.60 I $13,622,78
LOWER WATER LINES f 1 EA 51,900.001 $1,900,00 $2,629.321 $2,42932
10'X4'JSOX 11 EA $6,295,00 $6,295.00 57,07711 $7,077,31
EXCAVATION PROTECTION 8,2381 LF $1.001 $8,236.001 $1.191 $9,782,64
ROWPREP 11 LS $1,500.00 $1,500001 $4,021,87 $4,021.87
TEMP EROSION CONTROL f 1 f LS $2,000 001 $2,000.001 $4,169.741 $4,109.74
PROJECT SIGN 2 i EA $250.00 $500001 $40870, $817.40
ROCK EXCAVATION 9,6251 LF f $1.251 $12,03125 $6.9011 $56,778.81
WARRANTIES I + LS $24,371.991 $24,371,99! $17,847.931 $17,847.93
BARRICADES LS I 53000.00_ _ y31000 ,00J 54,259.22 $4259,22
TOTAL 83~ 771.79 785 457.01
COST PEA FOOT $93.01 $88.41
a
a
UNIVERSITY DRIVE SANITARY SEWI583No.~.--
FUND ANALYSIS ~o noallem ~s9l
DESCRIPTION ACTUAL/
ENGINEERING DESI N $65BUDGET E,709709,00TE
SURVEY ,000.00 $2233, i
EASEMENT $10,000.00 $4,813.00
INSPECTION $0.00 $6,948.00
ASPHALT $15.000.00 $15,000.00
INCLUDED IN CONSTRUCTION $42,900.00
CONSTRUCTION $440.000.00 $577,145.50
TOTAL $530,000.00 $670,515.50
OVER /UNDER BUDGET {$140,515.50
POSTPONED CHISHOLM TRAIL $230,000.00
PROJECT
TOTAL WITH POSTPONED $760,000.00 $670,515.50
PROJECT
(OVER)/UNDER BUDGET $89,484.50
EXHIBIT V
992 CAPITA!. IMPROVEMENT PRO rc,
T 92-0471C09
2RCJ TITLE. COLLECtCN SYSTEM UPGRADE SEWER L NES (19911
"ESTIMATED COST $530 J^' ' h0
c 10001 EVALUATION S' 9R~ 36 a e
GROUP ASSIGP 4V4 I~
CESCSIPTiON Nastewaler line idennned in :me Freese s N cncis 1985
Wastewater Collection Salem! Master Plan 1~9~ JQ
N University Relief Line '
S 330 OGO
i
PURPOSE Piovlde service to new and developing areas by increasing capacity
of existing interceptor and extending lines into areas under development. I
COST Par FdN 1985 WW Collection System Master Pion f
CALCULATIONS. Prices are adlusted at Sz:i APR to relleci niflaliorl
FUNDING REQUIREMENTS, CASH FLOWSiENCUM8ERANCES Lin Douars x 10001
END EXP ENC EXP END EXP ENC EXP ENC EXP ENC EXP
1992 J 455 N 45 0
A 46 M 46 J 46 J 45 F 4$ 45 r
46 A 46 S S ~1993 0 N D
A M J J F M
J a S
1994 0 N C I
A M J J F A S
S
ENCUMBERANCES
BOND REV AIC CASH EXPENDITURES
OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL 1STYR S455 SO 50 So $455
TOTAL 2ND YR $0 So so so $455 50 So so 5455
TOTAL 3RD YR 50 So 50 SG SO SO SO j
j GRAND TOTAL 5455 $o so SO SO $O SO SO SO So II
So 80 S455 $455 So so so $455
ENCUMSEPANCE DATES Encumbered as spent
PHASE DATE
AMOUNT
General Purchase
Engineering Design 4191 S 75
Inspection 101191
S tS
Construction 10191 $aaO
Construction
ENCUMBERANCE TOTAL $ 530
COMMENTS This is a multiyear project Geginning in 1991
EncumCerances: Prior to 1992
Current CIP S 75.000 .000
Total Protect Budget S 455
41117191 13.18
` Pn ~
EXHIBIT VI
I~HF'IIAL. IMPROVEMENT PRO.] ECT # 94-0471E1
PROJ TITLE. fit) (1993) UPGRADE INTERCEPTOR aQ9^ 19N0
Acts^dallerri
ESTIMATED COST: $650 (x 1000) Dm &Q_~
GROUP ASSIGNMENT; ,624 ~j/~
Q
DESCRIPTION: O
Corinth Force Main Lift Station to Interceptor 8112" 5.400 LF $295.000
Chisholm Trail Area Cordova to Stuart .580
6115" 2 L $2 0.000
e owstone cro ow o on erey
TOTAL
9,580 $650.000
PURPOSE: To increase capacity of the interceptor and prevent sewage backup
into the surrounding area.
COST Design Estimate $ 55,000
CALCULATION. Construction Estimate $595.000
FUNDING REQUIREMENTS:CASH FLOWSIENCUMBERANCES (In Dollars x 1000)
ENO EXP ENO EXP ENO EXP ENC EXP ENC EXP ENC EXP
1994 0 N D 270 135 J F M 135
A M ; J 325 160 J A S 165
,1995 0 N D
A M F S
1996 0 N D J F ; M
A M ;
, J J A S
ENCUMBERANCES CASH EXPENDITURES
BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL
TOTAL 1ST YR $595 so $0 $0 $595 $595 SO so $0 S595
.TOTAL 2ND YA $0 s0 $0 so $0 $0 $0 s0 $0 $0
TOTAL 3RD YR $0 $0 $0 s0 s0 $0 s0 s0 $0 $0
GRAND TOTAL $595 $0 $0 s0 $595 $595 $0 $0 $0 S595
i
ENCUMBERANCE DATES Encumbered as spent.
PHASE DATE AMOUNT OBJECTN
i
GeneralPurchase
Engineering Design 3193 $55 6560'8563
,Inspection 3/94 $40 8562 f
Construction 3194 $555 9138
Miscellaneous
ENCUMBERANCE TOTAL $650
COMMENTS: This is a multiyear project beginning in 1993.
Encumberancest Prior to 1994 $ 65,000 j
Total Project BudgelCurrent CIP $695,000
$650,000
3/1519313:33 P EXHIBIT VII
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ECITY_
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Agenda No. -o
Apendalte C
Date O
DATE: OCTOBE~5, 1993 ~y
CITY COUNCIL REPORT t, /y
a
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ORDINANCE AMENDING ARTICLE lI OF CHAPTER 10 OF THE CODE OF
ORDINANCE
RECOMMENDATION: We recommend this ordinance be approved as presented.
SUMMARY: The 1993 State Legislature made several changes to bidding laws with the
passage of sealed bids ares required for expenditures In s excess mofo$15,1000 00 rather formal
$10,000.00. Other significant changes included:
1. Clarify language concerning notice of time and place of bid openings.
2. Clarify language concerning advertisement publication dates.
3. Require that contracts for insurance with an expenditure of more than
$5,000.00 are subject to bidding requirements.
4. Require that before making any expenditure between $3,000.00 and
$515,000.00 a municipality shall contact two disadvantaged businesses
located in Denton County for quotes. The Office of Small Business
Assistance of the Texas Department of Commerce is to provide the list
of disadvantage business.
Passage of this ordinance would expedite those expenditures between $10,000.00
and $15,000.00 as well as bring the City of Denton in line with State Law concerning
competitive bidding. It would however, have very little impact on our current policy
and practice of soliciting competitive bids whenever possible regardless of the dollar
amount. All expenditures exceeding $15,000.00 would still be presented to councfI
for final passage.
BACKGROUND: Drafted Ordinance, Memorandum dated Sept. 3, 1993.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Purchasing Department
FISCAL IMPACT: None
R ec ily subm' t d:
Lloy Her Il
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
agenda. U 0
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9
ORDINANCE NO. a 9
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE II OF
CHAPTER 10 ("FINANCE AND TAXATION") OF THE PROVIDING FOR PRO
CODE OF ORDINANCES PRO-
VIDING FOR PROCEDURES FOR EMERGENCY PURCHASES; -
CEDURES FOR PURCHASES BASED ON CERTAIN VALUES; PROVIDING FOR COM-
PETITIVE BIDING; PROVIDING FOR PURCHASES FROM BOND FUNDS; PROVIDING
FOR PERSONAL SERVICE CONTRACTS; PROVIDING FOR COMPETITIVE SEALED
PROPOSALS; PROVIDING FOR CONTRACTS WITH FORMER COUNCILMEMBERS;
PROVIDING A PENALTY IN THE MAXIMUM AMOUNT OF $500. 00 FOR OF THE PROVISIONS HEREOF; AND PROVIDING FOR AN EFFECTIVEIDATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
OrdinasONCit That Sec. 10-28 of Chapter to of Code of
follows:
1' of Denton, Texas, is hereby amendedtto read as
BBC. 10-28• Lmergenoy purchases by department beads.
(a) Unless authorized by this Code, no purchase of
any article, service or thing shall be made by any
department head or employee of the City independently of
the Purchasing Agent, except in case of immediate
opengforythe conduct of business rchasinq office is not
(b) In such instances described in subsection (a)
Of this section, the department head may make the neces-
sary emergency purchase and shall report the purchase in
writing to the Purchasing Agent within twenty-four (24)
hours, accompanied by a definite statement of th3 oc-
casion and reasons for such emergency purchase to the
Purchasing Agent.
SECTI_ O____ That Sec. 10-29 of Chapter 10 of the Code of
ordinances, City y
follows: y of Denton, Texas, is hereby amended to read as
Sec. 10-29. Procedures for purchases based on certain
values.
purchases under athndard
thousand procedure doshall llars be
required for
value; provided, however, the Purchasing Agent 0.00) in
all cases reasonably satisfy himself in evert shall in
that such purchases are made at the lowest instance
evaluated cost to tt:e City, possible
age ~daNo 93
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3
(b) All purchases in an amount bet een three
thousand dollars ($3,000.00) and fifteen thousand dollars
and one cent {$35,000.01) shall be made by the Purchasing
Agent, in compliance with State law. The City Manager
shall have authority to authorize expenditures without
the approval of the City Council for all budgeted items
not exceeding fifteen thousand dollars ($15,000.00).
SECTION III That Sec. 10-30 of Chapter 10 of the Code of
Ordinances, City of Denton, Texas, is hereby amended to read as
follows:
Sec. 10-30. Competitive bidding.
(a) All purchases of fifteen thousand dollars
($15,000.00) or more, including those for current
budgeted supplies and expenditures, shall be made by the
Purchasing Agent in response to sealed bids received by
him and bAsed upon specifications therefore approved by
the Purchasing Agent, the original of which shall be
filed in the purchasing office for use and inspection by
the public. As used in this section, the word "purchas-
es" does not include the purchase of personal services or
other purchases which, by State law, are not required to
be submitted to competitive bids.
(b) All expenditures of more than fifteen thousand
dollars ($15,000.00) shall be approved by the City
Council, and the City Council may accept the lowest and
best bid or may reject all of the bids and authorize the
Purchasing Agent to readvertise if none of the bids are
satisfactory in the opinion of the Council.
SECTION IV. That Sec. 10-31 of Chapter 30 of the Code of
Ordinances, City of Denton, Texas, is hereby amended to read as
follows:
Sea. 10-31. Purchases from bond funds.
The procedures specified in this article for pur-
chases shall be followed for all purchases, regardless of
amount, involving contracts for the purchase of annual
requirements and purchases from bond funds, and all
procedures for purchases of more than fifteen thousand
dollars ($15,000.00) shall be governed by the laws of the
State relating thereto, the Charter and this Code.
SECTION V. That Sec. 10-32 of Chapter 10 of the Code of
Ordinances, City of Denton, Texas, is hereby amended to read as
follows:
PAGE 2
4
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3
n. A
Qpnrt3~jO „ / ~e~~A Orr
Sec. 10-32. Personal service contracts.
(a) All contracts for personal or professional
services calling for an expenditure of fifteen thousand
dollars ($15,000.00) or less may be authorized by the
City Manager without the approval of the city council.
All contracts for personal or professional services
calling for an expenditure of more than fifteen thousand
dollars ($15,000.00) must be submitted to the City
Council for approval.
(b) All contracts for personal or professional
services shall be on form contracts or contracts prepared
and approved by the City Attorney, or approved by the
City Attorney if prepared by someone other than the City
Attorney.
SECTION VI. That Sec. 10-33 of Chapter 10 of the code of
Ordinances, City of Denton, Texas, is hereby amended to read as
follows:
Sec. 10-33. Competitive sealed proposals for high
technology procurements.
For high technology procurements requiring an
expenditure exceeding fifteen thousand dollars
($15,000.00), the Purchasing Agent may follow the com-
petitive sealed proposal procedure as authorized by and
in accordance with the requirement of V.T.C.A., Local
Government Code 15 252.041 through 252.049. For purposes
of this section, "high technology procurement" means the
procurement of equipment, goods or services of a highly
technical nature, including but not limited to informa-
tion processing equipment, software and firmware used in
conjunction with information processing equipment, tele-
communications equipment, radio and microwave systems,
electronic distributed control systems, including
building energy management systems, as well as technical
services related to such equipment and goods.
SECTION VII. That Sec. 10-34 of Chapter 10 of the Code of
Ordinances, City of Denton, Texas, is hereby amended to read as
follows:
Goo. 10-34. Procedures for competitive sealed proposals.
(a) Quotations for competitive sealed proposals
shall be solicited through a request for proposals. The
request for proposals shall specify the relative impor-
tance of price and other evaluation factors, and the
award of the contract shall be made to the responsible
offeror whose proposal is determined to be the most
advantageous to the City, taking into consideration the
PAGE 3
Agor,~3NO
A~~aCallem__-°~~
5P
relative importance of price and other evaluation factors
set forth in the request for proposals.
(b) The Purchasing Agent may conduct discussions
with offerors who submit proposals and who are determined
to be reasonably qualified for the award of the contract.
Offerors shall be treated in accordance with the require-
ments of V.T.C.A., Local Government code 9 252.001 et
seq.
SECTION V11 That Sec. 10-35 of Chapter 10 of the Code of
Ordinances, City of Denton, Texas, is hereby amended to read as
follows:
See. 10-35. Contracts with former councilmembers.
(a) The City shall not, within one hundred eighty
(180) days after a councilmember leaves office, enter
into a contract with any business entity in which the
former council member has a substantial interest. The
prohibition of this paragraph shall not apply to:
(1) A contract required to be awarded to the
lowest responsible bidder through competitive
sealed bids as required by state law;
(2) A contract to purchase items that are avail-
able from only one (1) source as specified in
Texas Local Government Code, Chapter 252, as
amended;
(3) A contract required to receive a city service
or participate in a City program which is
available to the general public;
(4) A contract that is necessary to preserve or
protect the public health or safety of the
citizens or because of a public calamity that
requires the immediate appropriation of money
to relieve the necessity of the municipality's
residents or to preserve the property of the
municipality; and
(5) The purchase of real estate or an interest in
real estate. For substantial interest in afbusinesscentity if;rson has a
(1) The person owns ten (10) percent or more of
the voting stock or shares of the business
entity;
PAGE 4
AviJiNo
Aa~r~tlauem _.?5 ~"y_C
VUe
(2) Owns either ten (10) Percent or more or five
thousand dollars ($5,000.00) or more of the
fair market value of the business entity; or
(3) Funds received by the person from the business
entity exceed ten (10) percent of the person's
gross incoma for the previous year.
(c) A former councilmember is considered to have a
substantial interest under this section if a person
related to the former councilmember in the first degree
by consanguinity or affinity has a substantial interest
under this section.
(d) For purposes of this section, a "business
entity" means a sole proprietorship, partnership, firm,
corporation, holding company, joint-stock company,
receivership, trust, or any other entity recognized by
law.
SECTION IX. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding
$500.00. Each day that a provision of this ordinance is violated
shall constitute a separate and distinct offense.
SECTION X That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
PAGE 5
i
09-JY->3PUi:15 OUZ1 Ag~Od ,i
lb M
er
OFFICE OF THE CITY ATTORNEY
MEMORANDUM
TO: Debra A. Drayovitch, City Attorney
FROM: Tanya Cooper, Assistant City Attorney
SUBJECT: Summary of SB 226 and HB 1651
DATE: September 3, 1993
Pursuant to your request, I have reviewed SB 226 and HB 1651 which
pertain to revisions in competitive bidding for governmental
entities, including school districts, counties, and municipalities.
In summary, revisions contained in SB 226 which pertain to munici-
palities are as follows:
1. Competitive bidding and proposal requirements apply to
all municipalities when there is an expenditure of more the
$15,000.00 for a contract, other than a contract for
insurance.
2. Competitive bidding or proposal requirements apply to
municipalities entering into contracts for insurance when
the expenditure of funds is more than $5,000.00.
3. Municipalities in making expenditures of more the
$3,000.00 but less then $515,000 shall contact at least two
disadvantaged businesses on a rotating basis.
4. If bids are subject to competitive sealed bidding re-
quirements, there must be a notice of the time and place at
which the bids will be publicly opened and read aloud pub-
lished at least once a week for two consecutive week in a
newspaper published in the municipality. If there is any
conflict between the Local Government Code and a munici-
pality's charter in relation to the letting of sealed bids,
the municipality's Charter will control.
HB 1651 contains many provisions which are duplications of SB 266:
however, some additional amendments contained HB 1651 which affect
municipalities are as follows:
'Dedicated to Quahly Service'
I
Agv~t No
Debra A. Drayovitch, City Attorney 4'~~ 'rem ~S C
September 3, 1993
Page 2 F~ p
1. A home-rule municipality must give notice of the time,
date and place at which competitive bids relating to is-
suance of certificates of obligation are to be publicly
opened and read aloud. This requirement is applicable
unless the municipality's charter provides otherwise.
1
2. A new exemption to competitive bidding requirements is
created if the services contracted for are to be performed
by blind or severely disabled persons.
3. The provisions of HB 1651 are applicable to contracts
where the notice of bids or proposals is first published
after September 1, 1993.
There is one area of concern which I have found in these two (2)
pieces of legislation. There is a conflict which relates to the
bidding of insurance contracts. SB 266, as set out above, provides
for competitive bids or proposals for insurance contracts which
require the expenditure of $50000.00. HB 1651 deleted this pro-
vision and therefore insurance contracts would be subject to the
$150000.00 rule as provided for all other contract expenditures.
It appears from looking at the bills that the intention was that HB
1651 control; however, there is no specific lang'aage tu that ef-
fect. Therefore, until these amendments are published in the Texas
Session Law Service, I believe the safer course of action is to
comply with the stricter provisions of SB 266 and require competi-
tive bids or proposals for insurance contracts which require an
expenditure of $5,000.00 or more.
Please let me know if you need any further information in this
regard. 4
Tanya A. Cooper
TC:sf
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octob~eO{e.
CITY COUNCIL AGENDA ITFM Date
T0: Mayor and Members of the City Council vU o
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AGRESTR REEMENTOADWITH RUTH COYLE FOR THE PURCHASE OF PROPERTY ON
FO
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY/BACKGROUND;
After extensive negotiations, the City was able to reach an
agreement with Ms. Ruth Coyle relative to the purchase of one (1)
acre of real property on Foster Road for the expansion of the
Denton Municipal Landfill. The purchase price of the property,
which contains a 1,746 square foot home with carport and storage
building, is $75,000.
Under the provisions of the agreement, the City would take
possession of the property on or before January 1, 1994, at the
discretion of the seller, it is anticipated that the City will
assume possession in late October as the Coyles have plans to
relocate at that time. The agreement also excludes various items
on the property from the sale, including a butane tank, well house
building, curtains, drapes, and major appliances.
PROGRAMS DEP
• ARTMENTS OR GROUPS AFFECTED:
The Coyle Pamily, the City of Denton Solid Waste Division, and the
Citizens of Denton.
FISCAL IMPACT:
$75,000
Respe -fully submitted,
Lloyd V. Harrell
City Manager
A9893C
CITY COUNCIL AGENDA ITEM V ldnNo
October 5, 1993 ~o+J dallerR
Page 2 .
Prepared by:
zz Iv /(~2
Bill Angel
Director of Comm ty Services
Approved by:
R. E. Nelson
Executive Director of Utilities
A9893C
II
E:\PDOCS\ORMCOYIE
No ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND RUTH INEZ COYLE TO PURCHASE
PROPERTY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and Ruth Inez Coyle
for the purchase of property, under the terms and conditions
contained in said agreement, which is attached hereto and made a
part hereof, and is authorized to execute any other document which
may be associated with the purchase of said property.
SECTION JLJ& That the City council hereby authorizes the
expenditure of funds in the amount of $75,000.00 for the purchase
of said property and any closing coats, including the cast of
property survey, as specified in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
,DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY'
REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between RUTH INEZ COYLE
(hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a
home rule municipality, of Denton, Denton County, Texas, (hereinaf-
ter referred to as "Purchaser"), upon the terms and conditions set
forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 1.060 acres of land situated in Denton County, Texas,
being more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
orty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property"), together with any improvements, fixtures, and per-
sonal property situated on and attached to the Property, for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth. However, it is expressly under-
stood that the Seller may, at her own expense prior to delivery of
possession of the Property, remove the following listed items from
the Property:
1. A well house,
2. A cook stove and refrigerator.
3. All drapes.
4. A butane tank.
PURCHASE PRICE
1. Amount of Purchase Price. The purchase price for the
Property shall be the sum of SEVENTY-FIVE THOUSAND DOLLARS
($75,000.00).
2. Payment of Purchase Price. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived In whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Tit~~ oen~,+, within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shall
have caused the Title company (hereinafter defined) to issue a pre-
liminary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaseri otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes.
2. Survev• Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser. The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
PAGE 2
agen;~ah"o- O~~
Aa,:,Id3 11e7? a
3. Seller's Complianep, Seller shall have erformed b /
served, and complied with all of the covenants, agreementsnd
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority.
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. There are no toxic or hazardous wastes or materials on or
within the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
same are defined by the Resource Conservation and Recovery Act
(ROTA), as amended, and the Comprehensive Environmental Response
Compensation and Liability Act (CERCIA) I as amended. In the event
any such toxic or hazardous wastes or materials are found upon the
Property, Seller shall be responsible for the expense of removal of
these wastes or materials upon receipt of written notice of the
presence of these wastes or materials.
CLOSING
The closing shall be held at the office of Republic Title
Company, Denton, Texas, on or before October 15, 1993, or at such
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Seller's Requirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements,
assessments, and restrictions, except for the followings
PAGE 3
I
i
1. General real estate taxes for the year DD
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's obligations here-
of; and
3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Republic Title Company,
Denton, Texas, (the "Title Company") in Purchaser's favor
in the full amount of the purchase price, insuring Pur-
chaser's fee simple title to the Property subject only to
those title exceptions listed in closing Requirements here-
of, such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in
the usual form of Texas owner's Title Policy, provided,
however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record"i
3. The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable"i and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on or
before January 1, 1994. From the date of Closing until
January 1, 1994, Seller will be allowed to continue to
reside in the house located at 4616 Foster Road, Denton,
Texas, if she should desire.
2. w rghaser's Requirements. Purchaser shall pay the full
cash purchase price to Seller at closing in immediately available
funds.
3. cosine Costs. Through the date of Closing, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all other taxes assessed by
any other tax jurisdiction through the date of Closing. Any taxes
PAGE 4
Imposed, assessed or arising because of a change of use Aofthe
Property after closing shall be paid by Seller, save and except
taxes so imposed by the City of Denton, which taxes shall be paid
by Purchaser.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
:agreement.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Froperty, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
1. Assignment of Agreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. ,fLuryjy-A of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to Apply. This Agreement shall be construed
under and in accordance with the laws of the state of Texas, and
all obligations of the parties created hereunder are performable in
PAGE 5
Ad,
Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Agreements Suparsede This Agreement constitut.,.s
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essen98, Time is of the essence in this Agreement.
9. Gender. Words of any genr;er used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record.
11. Compliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property exawined
by an attorney of Purchaser's own selection.
12. Time Limy.. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this _ day of .~et]e m bP. , 1993.
SELLER
AUTHMTTNTZ COYL
4616 Foster R d, Dent j, Texas 76208
PAGE 6
w
A V^iYaftem~ _
PURCHASFR
THE CITY OF DENTON, TEXAS
By:
LLOYD V. HARRELL, C ty Manager
215 E. McKinney Street
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on CYytCT3
by RUTH INEZ COYLE..
~ i n Dn.4Y LPU4BLCjUf AND FOR TEXAA
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, the on
by LLOYD V. HARRELL, City Manager, of the City of Denton,
a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowl-
edged to me that the same was the act of the said City of Denton,
Texas, a municipal corporation, that he was duly authorized to
perform the same by appropriate resolution of the city Council of
the City of Denton and that he executed the same as the act of the
said City for purpose and consideration therein expressed, and in
the capacity therein statQd.
i
NuTARY PUBLIC IN AND FOR TEXAS
ATTESTS
JENNIFER WALTERS, CITY SECRETARY
BYS
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
E:N WWOYLIA
PAGE 7
A~.a~,ltam ~.5 fi~ 7>
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PROPOSED ACQUISITION
FOSTER ROAD
69 68 67 83 6~ 60
70
71 84 ~
EXISTING LANDFLL
72
8f
73 74 65
76 75
77
TNIS ""It UNDER pPiIDN WITH OWNEq ® EXISTING CITY PROPERTY
SEPTEMBER 29, 1993
t
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AQQt±aN4. _
OctoA61993
Date
CITY COUNCIL AGENDA ITEM 1?4
TO: Mayor and Members of the City Council D
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH J. B. SMITH FOR THE PURCHASE OF PROPERTY ON
MAYHILL ROAD
RECOMMENDATION:
The Planning and Zoning commission recommends approval.
SUMMARY/BACKGROUND:
The city staff was able to reach an agreement with Mr. J. B. Smith
relative to the purchase of 4.88 acres of real property on Mayhill
Road for the expansion of the Denton Municipal Landfill. The
purchase price for the property, which contains a 1,895 square foot
home with carport and variol:s sheds and barns, is $150,000.
Under the provisions of the agreement, the City would take posses-
sion of the property on or before Fel)ruary 10, 1994, at the discre-
tion of the seller. Actual possession could take place sooner as
Mr. Smith is in the process of constructing a new home which should
be completed in late December. Thera are no other unusual aspects
relative to the agreement.
PROGRAtd DEPARTMENTS OR GROUPS AFFECTED:
The Smith Famillo, the City of Denton solid waste Division, and the
Citizens of Denton.
FISCAL IMPACT:
$150,000
Respec ully suL itted,
U
1 yd V. Harrell
City Manager
A10093C
CITY COUNCIL AGENDA ITEM wdit ~
October 5, 1993 nQ8ft6 51~ G~
Page 2
Prepared byi 1
Bill Angelo
Director of Co unity Services
Apprc d by:
r
R. E. No so,.
Executive Direr,,.. - of Utilities
A10093C
r
Ei\YGD0Cf~plO\SMl:NO
ApqlAo -0
Agaadaltem~._.V4~
ORDINANCE NO. 07
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING rHE CITY
MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND J.B.
SMITH TO PURCHASE PROPERTY AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR$ AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSt
,qEQTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and J.B. Smith for
the purchase of property, under the terms and conditions contained
in said Agreement, which is attached hereto and made a part hereof,
and is authorized to execute any other document which may be
associated with the purchase of said property.
SECTION II. That the City Council hereby authorizes the expen-
diture of funds in the amount of $150,000.00 for the purchase of
said property and any closing costs, including the cost of property
survey, as specified in the agreement.
LECTION 111, That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTESTt
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
r
• ~ ® '{'F:XAS AgtiO('11T10\ OF NRAI:1•IIRS`
3•Q 03.17.92
Q■ ONE TO FOUR FAMILY RESIDENTIAL EARNEST MONEYVOriiW F11 L 9
ALL CASH, ASSUMPTION, THIRD PARTY CONVENTIONAL~&-,
PROMULGATED BY THE TEXAS REAL CSPATE COMMISSION (TREC) /O l 3
NOTICE: Not For Use For Condouunium Transactions
(Seller) agrees to sell
1. PARTIES: _._1.8~ cwtTU (Buyer) and Buyer
and convey to _ C1,TY OF nauTnu _
agra.s to buy from Seller the property described below. A 1]30
2, PROPERTY: Lot Block County, Texas,
nENTON
Addition, City of ____4F.DLTON Tcvc (Address), or as described on attached
known as _ t 66l IdAYHIr omen nFNTON
exhibit, together with the following items, if any: curtains and rods, drapenw and rocs, valances, blinds, window shades, screens,
shutters, awnings, wall-to-wall carpeting, mirrors fixed in place, ceiling fans, attic fans, mail boxes, television antennae and
satellitedish, permanently insialledheating and air conditioning units and egcipment, built-insecurity and firedetection equipment,
lighting and plumbing fixtures, water softener, built-in kitchen equipment, garage door openers with controls, built-in cleaning
equipment, all swimming pool equipment, shrubbery, permanently installed outdoor cooking equipment, built-in firepl fireplace screens
and all other prope,ly owned by Seller and attached to the above described real property except the following property is
not included:`.
All property sold by this contract is called the 'Property.' The Property 0 is ® is not subject IV mmtdstery membership in an
owners' association and its assessments and requirements.
3. SALES PRICE: $ at cn nun. n0
A. Cash portion of Sales Price payable by Buyer • $ anon 000 00
B. Sum of notes described below (excluding any private mortgage insurance IPMI) premium) • • • ' . _ 150,000.00
C. Sales Price (Sur ,:f A and B)
d, FINANCING: The portion of Sales Price not payable in cash shall be paid as follows: (Check applicable boxes below)
A. ASSUMPTION: _
(1) Buyer shall assume the unpaid principal balance of a first lien promissory note which unlpsid balance at cloa(ng will be
The total current monthly payment Including principal, interest and reserve deposits is
$ _ Buyer's Initial payment shall be the first payment due after closing,
C] (2) Buyer shall assume the unpaid principal balance of a second lien promissory no
whic te pi nap idtbaLnce at closing will be
The total current monthly payment including principal, Interest and reserve deposits is
$ Buyer's initial payment shall be the first payment due after closing.
Buyer's assumption of an existing note includes cil obligations imposed by the deed of trust securing the note.
If the unpaid balance(s) of any assumed loan(s) as of the closing date varies from the loan balance(s) stated above, the
cash payable at closing E] sales price shall be adjusted by the amount of any variance provided, if the total principal
balance of all assumed loans varies in an amount greater than $350,00 at closing, either party may terminate this contract
and the Earnest Money shall be refunded to Buyer unless either party elects to eliminate the excess in the variance by an
appropriate adjustment at closing. If the noteholder requires (a) payment of assumption costs in excess in the interest
in (1) above or $ _ in (2) above and Seller declines to pay such excess, or (b)
rate to more than % in (1) above, or % in (2) sbove, or (c) any other modification of the loan documents,
Buyer may lemilrtate this contract and the Earnest Money shall be refunded to Buyer. A vendor's lien and deed of trust to
secure assumption shall be required which shall automatically be released on execution and deliveryof a release by noteholder.
If Seller is released from liability on any assumed note, the vendor's lien and deed of trust to secure assumption shall not be
required.
NOTICE TO BUYER: The monthly payments, interest rates or other terms of some loans may be adjusted at or after closing
by the lender. If you are concerned about the possibility of future adjustments, do not sign the contract without examining
the notes and deeds of trust,
Release of Liability unless s you oumin a release of liability,
NOTICE TO SELLER: Your liability to pay the note assumed by TREC Buyer
If you are concerned about future liability, you should use
B. THIRD PARTY FINANCING: (including any financed PMI premium), due in full in
n (1) A third party first lien note of $
001A
and Seller TREC N0. 20-1
Initialed for identification by Buyer.
1,.1 MI\.1 wM
70wlaFow ly Re aidendal Earnest alonay Corona Conccmina1641 HAYU ROAN
PataTwo OYS797
(Addrtu of Property)
year(s), with interest not to exceed 96 per annum for the first
of the loan, The loan shall be ❑ wit:' ❑ without PMIyctir(s)
A third party second lien note of lidue in full in
to exceed year(s), with interest not
per annurn for the first
C. TEXAS V'ETERANS' HOUSING ASSISTANCE PROGRAM' 'LOAN: yG~s) of the loan,
A Texas Veterans' Housing Assistance Program Loan (the Program Loan) of S
of at least _ for a period
years at the interest role established by the Teats Veterans' Land Board At she time of closing.
❑ D. SELLER FINANCING; A promissory note from Buyer to Seller of S
inleresl per annum, secured by vendor's and deed of trust liens, in accordance fns and onditions set forth bearing % with the the attached TREC Seller Financing
Addendum. If an owner policy of title insurance is furnished, Buyer shall furnish
Seller with a mortgagee policy of title insurance.
E. CREDIT APPROVAL ON ASSUMPTION OR SELLER FINANCING: Within days from the effective date of
this contract, Cuyet shall deliver to Seller documentation which Seller deems sufficient to establish Buyer's
creditworthiness for assumption approval orseller financing. If Buyer's documentationis not delivered within the specified
time, Seller may terminate this contract by notice to Buyer within S days after expiration of the time for delivery, and
the Earnest Money shall be paid to Seller. If thi.x contract is not so terminated, Seller shall be deemed to have accepted
Buyer's credit. If the documentation is timely delivered, and Seller delermines In Seller's sole discretion that Buyer's
credit is unacceptable, Seller may terminate this contract by notice to Buyer within S days after expiration of the time for
delivery and the Eamest Money shall be refunded to Buyer. If Seller does not so terminate this contract, Seller shall be
deemed to have accepted Buyer's credit, Buyer hereby authorizes any credit reporting agency to furnish to Seller At
Buyer's sole expense copies of Buyer's credit reports.
Within days from the effective date of this contract Buyershall apply for all third party financingor noteholder's approval
of any assumption and shall make every reasonable effort to obtain financing or assumption approval. Financing or assumption
approval shall bedeemed to have been obtained when Buyerhas satisfied all of lender's financial conditions. If financing (including
any financed PMI premium) or assumption approval is not obtained within days from the effective date hereof, this
contract shall terminate and the Earnest Money shall be refunded to Buyer.
Each note to be executed hereunder shall be secured by vendor's and deed of trust liens.
S. EARNEST MONEY; Buyer shah deposit $_51.000 as Earnest Money with eeEU4 rrTr r: rnuoasrv
~al
(Address), as Escrow Agent, ipen execution of this contract by both parties, ❑ Additional Eamest Money of S
shall be deposited by Buyer wiih the Escrow Agent on or before
the Earnest Money as required by this conlracl, Buyer Shall be in default. t9 If Buyer fails to deposit
6. TITLE POLICY, ABSTRACT AND SURVEY:
A. TITLE POLICY; Seller shall furnish to Buyer at Seller's expense an Owner Policy of Title Insurance (the Title Policy)
issued by sanrrn TTT, a r'n (the Tide Company) amount of the Sales Price, dated at or after closing, insuring Buyer against loss under the provisions of the
Title Policy,
subject to the promulgated exclusions (including existing building and toning ordinances) and the fcUowing exceptions;
(1) Restriclive covenants common to the platted subdivision in which the Property Is located.
The standard printed exception for standby fees, taxes for the current and subsequent years, and subsequent
assessments for prior years due to changes in land usage or ownership.
(3) Liens created as part of the financing described in Paragraph 4.
(4) Utility easements created by the dedicali m deed or plat of the subdivision in which the Properly is located.
(S) Reservations or exceptions otherwise permitled by this contract or as may be approved by Buyer in writing.
(6) The standard printed exception as to discrepancies, conflicts, shortages In area or boundary lines,
encroachments or protrusions, or overlapping improvements.
(7) The standard printed exception as to marital rights.
(8) The standard printed exception as 10 waten, tidelands, beaches, streams, and related matters.
Seller, at Seller's expense, shall deliver to Buyer within 20 days after the effective date of this contract a commitment for
Title Insurance (the Commitment) and at Buyer's expense, legiblecopies of restrictive covenants and documents evidencing
exceptions in the Commitment other than the standard printed exceptions. Buyer shall have S days after the receipt of the i
Commitment to object in writing to matters disclosed in the Commitment. Buyer ntay not object to items 6A(1) through
(8) above unless Buyer determines [hat any such item prohibits the following use or activity:
❑ B. ABSTRACT OF TITLE; Seller shall fumish to Buyer at Seller's expense an Abstract of Title certified by an abstract
company (a) from the sovereignty to the effective date of this contract (Complete Abstract) and (b) supplemented to
the Closing Date (Supplemental Abstract), Seller shall deliver the Complete Abstract to Buyer within 20 days After
QQIA__
Initialed for Identification by Suyer_ and Seller TREC NO, 20.1
b
A~,atlallem7 -
One 10 Pow Family Itesllrrttlal Earnest xtoney Con uaa Concemina_J641 MAY LL ROAD Pale 77tree 07 17.91
(AJdreu or Property)
the effective date of this contract, The Complete Abstract and Supplemental Abstract shall be examined at Buyer's expense
by an atlormy selected by Buyer. Buyer shall have 20 days after the receipt of the Complete Abstract to object in writing
to matters di: closed in the Complete Abstract,
C. SURVEY REQUIRED: Within _ days after loan approval if a t;drd-party loan is involved, or if no Third-party loan
is involved, w, thin days front the effective date of this contract. Seller shall famish to Buyer at Buyer's expense
a plat of it current survey identifying the Property by metes and bounds or platted lot description. The survey shall be
prepared by a Aegistered Profecsional Land Surveyor acceptable to the Title Company and any lender. The plat shall
contain the sun eyor's certificate that, (a) the survey was made and staked on the ground and comers are marked with
permanent monuments; (b) the plat shows the location of all improvements, highways, streets, roads, railroads, rivers,
creeks or other waterways, fences easements and rightsof-way on or contiguous to the Property with all easements and
righu-of-way referenced to their recording information; (c) there are no discrepancies or conflicts in bourtdaries, or visible
encroachments, ex:ept as shown on the plat; (d) the Property does or does not lie in the 100-year Floodplain, and any
portion lying withii the Floodplain has been designated on the plat; (e) the survey is true and correct; and (t) the plat sets
forth the dimensions and total area of the Property. Buyer shall have S days after the receipt of the plat to objet In writing
to all mailers shown on the plat which constitute defects or encumbrances to tide; however, utility easements created by
the dedication deed or plat of the subdivision in which the Property is located shall not be a basis for objections.
Buyer's failure to object under Paragraph 6A, 63 or 6C within the time allowed shall constitute a waiver of Buyer's right to
object; except that the requirements in Schedule C or the Commitment shall not be deemed to have been waived. If objections are
made by Buyer or any third party lender. Seiler shall cure the objections within 15 days from the date Seller receives them and
the Closing Date shat bo extended as necessary. If objections are not cured by the extended Closing Data, this contact shall
terminate and the Ea, test Stoney shall be refunded to Buyer unless Buyer elects to waive the objections.
NOTICE TO SELL$ rR AND BUYER:
(1) Broker advises Buyer to have an Abstract covering the Property examined by an attorney of Buyer's selection, or Buyer
should be fumished with or obtain A Tide Policy.
(2) If a Title Policy is famished, the Commitment should be promptly reviewed by An attomey of Buyer's choice due to the time
limitations on Buyer's right to object.
(3) If the Property is situ.ted in it utility or other statutorily created district providing water, sewer, drainage, or flood control
facilities and services, Chapter 50 of the Texas Water Code requires Seller to deliver and Buyer to sign the statutory notice
relating to the tax rate, bonded indebtedness, or standby fee of the district prior to final execution of this contract.
7, PROPERTY COND[TION: (Check one box only)
[A] A, Buyer accepts the Properly in its present condition, subject only to lender required repairs and the following repairs:
_ N(tNE
B. Buyer accepts the Property in its present condition subject to lender required repairs and those repairs designated by Buyer
pursuant to the attached Property Condition Addendum.
REPAIR OBLIGATIONS WHICH APPLY TO A AND 8: Seller 0 ol pay for only those repairs required by A or B. Seller shall
pay the cost of turning on utilities for inspections and reinspecCo Buyer shall pay for inspections, reinspeclions, reports and
certificates.
if the cost of treatment and repairs resulting from termites or other wood-destroying insects will not exceed f. 0 and if
the cost of all other repairs will not exceed S`0 , Seller shall complete the treatment and repairs prior to the Closing Date,
Within 7 days after receipt of all inspection reports and Buyer's designation of repairs, Seller shall notify Buyer as to the cost
of repairs and whether Seller wilt pay nny excess Gists. If Seller fails to notify Buyer or refuses to pay the excesx costs, Buyer
may (a) pay the excess costs, (b) accept the limited repairs, unless prohibited by lender, or (c) terminate this contract and the
Eamest Stoney shall be refunded to Buyer. Buyer shall notify Seller of Buyer's election within S days after Buyer is notified of
S dier's refusal to pay excess costs. If Seller fails to notify Buyer. Buyer shall notify Seller of Buyei s election within 12 days after
Seller receives all inspection reports and Buyer's designation of repairs. Buyer's failure to snake a tim-ly election shall be deemed
as Buyer's election to accept the Property with the costs of treatment and repair limited to the maxicium ansounls stated above.
If the total cost of treatment and repairs exceeds 5% of the Sales Price and Seiler Agrees to pay all treatment and repair costs,
Buyer uuy (a) accept the Property with the completed treatment and repairs, or (b) terminate this contract and the Eamest Stoney
shall he refs Tided to Buyer. Buyer shall make this election within S days after Seller notifies Buyer of Seller's willingness to
pay all coats of treatment and repair. Buyer's failure to make such election within the 5-day period shall be deenxxl u Buyer's
election to accept the completed repairs.
If Seller fails to complete any agreed repairs, Buyer may, in addition to the remedies provided in Paragraph l5, do so and Seller
shall lie liable up to the maximum agreed amount which shalt be deducted from the sales proceeds or collected from Seller at
closing.
OOIA
Inir',aled for identification by Buyer _ and Seller TREC NO, 20.1
I
09-28-93 01 ICU FRCM WMS b WMS REALTORS 1102
Oar to Four Family ltnidunlsl earnest Money Camlet Conearnina_ 1641 XAYH1LL ROAD DENTON, TEXAS Feye Four 03-17-92
(Addmis or Prupenr),
6. BROKER'S FEE1_ tuTr_tJIMC Am vet t TVS EALTnnc _
(Listing Broker) represents Seller. Any other broker Is: -
[I Listing Broker's subagent representing Seller; or
Buyer's agent.
Seller shall pay Listing Broker as specified by separate agreement between Listing Broke and Seller. In the event of Ilu)er'a
default, Listing Broker shill receive one-half Esntal Money which Seller receiv der Prngraph 13, not to exceed the
amount of the fee Specified in the separate nt a a oriud ed 9,pay Listing Broker said fee,
4, CLOSING! The elating of the sale shall e s- 14or within 1 Jay: alter
objections to title and survey have been cudue a later (the Closing D4); Ao+vever, ~jnrsrrcing or auornprioa
opproval has bear obrnNred parrrrmrr to Parrtl;roph f, the Closing Date shall be extended up to IS days only if noccesmy to
comply with lender's eloaing requiroments (for examplo, sarvcy, insurance policies, property repairs, closing documents).
If tither piny fails to close this safe by the Closing Date, the nun•def4ulting party shall be entitled to exercise the runitdics
contained In Paragraph IS, At elming Stllar shall furnish tax statements showing no dclinquenl taxes, a Supplemental Abstract,
when applicable, showing no oddirionAl tills exeeptionc, Bad it Cenoral Warranty Deed convuying good and Indefeasible title
Anbjeat only to those exceptions permitlaJ In Paragraph 6, OR BEFORE AT THE DISCRETION O ER)
lay U557
10. POSSESSION: Seller Shall deliver possession of the Property to Buyer OA*) ryltRVA
111 . took _
in its present or required repaired conditin+t, subject to the dollar limitations of Prrsgrsph 7, o insry, wear and
tonr excepted. Any possession by Buyer prior to closing or by Seller deer closing that Is not suihoriud by a tempcrary lease
form promulgated by TREC w required by the Parties shall establish a landlord-tenant at sufferamce relationship between the
Pirtle. Ca+relr your lrtrwrance rgerrl prior to change of poruuion eu lnsuranee coverage vrpy be lindied or rerntdrrared,
11. SPECIAL PROVISIONS: (Insert only factual statements and business details applicable to this sole. A licenses shall not odd in
A promulgated mineat money contract form factual statements or business details for which a contract addendum, testa or other
form has been promulgated by TREC for mandatory use. 22 TAC ISM I I (d).)
13, SALES EXPENSES: The following expenses shall be paid At or prior to closing:
A, Appraisal fees shall be paid by .`(LA
B. The total of loan discount and buydawn fete (excluding any Texas Veterans' Housing Assistance Program Participation Fee)
shall not exeeeJ N/A % of the turn of which Seller shall pay the first N14 and Buycr shall poy the remainder.
C. Seller's Expenses: Releases of exilting liens, Including prepgment penalties and recording fees; release of Seller's loan lia-
bility; tax statementa or certificates: preparation of deed; one-half of escrow fu; preparation and recording of deed of trust
to secure arsumptionl Texex Veterans' Housing ArsiMAno-e grogram participation Fee not to exceed S NIA : Owner
title policy guaranty and reeoupment fees; and other expenses stipulated to be paid by Seller under other provisions of this
contract,
D. Buyer's Expenses: Loan application, origination and tomroitment fees; loan Assumption costs; lender required expenses
incident to new loan(s): (for example, PW premium, preparation of loan documents, survey, recording fens, tax service
and research fees, warehouse or unit icing faer, enpier c f restrictions and emements, amonitetion scheduls, premiums
for mortgagee title policies and endorsements requited by lender, credit reports, photos; mortgagee tide policy goAra ry
and recoupment lees); required premiaa:s for flood and harard insurance; required reserve deposit for lnsurance premiums
And Ad valorem taxes; interest on all monthly installment pit) mcm notes from date of disbunemenu to (1) month prior to
dates or first monthly payments; customary Program Loan tests for Buyer; one-half of escrow fee; ants other expenses
stipulated to be paid by Buyer under other provisions of this contract.
E. PNA premium not to exceed S_g/a shall be paid by Buyer, and paid in cash it closing 0 added to
the Amount of the loan.
F. If any sales expense exceeds the amount stipulated to be paid by either party, either party may terminate this contract unless
either party agrees to pay rush excess. In no went shall 94yer pay charges and fwo expressly prohibited by the Taxes
Veteran's Howing Assistance Program or oll',er government Icon program regulations.
onto
One to Far Family Residential Eamcst Aloney Contra Comemina ' p iy"~"~ Tyl
11 (AddnaorPropenyt
,
I1" PRORATIONS: Flood and hazard insurance premiums, taxes for the current year, interest, maintenance Ifs, assessments
and rents shall be prorated through the Closing Date, However, if a loan is assumed and the lender maintains an escrow account
for the payment of taxes and insurance, the above items 0 shall 0 shall not be prorated. Whether or not prorstioru are made,
the escrow account shall be transferred to Buyer without any deficiency. If prorations are aside Buyer shall reimburse Seller
for the amount in the transferred account. If prorations are not made, the escrow account shall be transferred to Buyer without
reimbursement to Seller. If it transfer is permitted by the insurance carrier, the insurance policy in force 0 shall 0 shall not
be transferred to Buyer. Buyer shall be obligated to pay taxes for the current year, and if the insurance policy in force is not
transferred, Buyer shall pay the premium for a new policy.
14. CASUALTY LOSS-, if any part of the Property is damaged or destroyed by fire or other casualty loss, Seller shall restore the
Property to its previous condition as soon as reasonably possible, but in any even: by the Closing Date. If Seller is unable to do
so without fault, Buyer may either (1) terminate this contract and the Earnest Money shall be refunded to Buyer (2) extend the
lime for performance up to IS days and the Closing Date shall be extended as necessary or (3) accept The Property in its
damaged condition and accept an assignment of insurance proceeds. Provisions of the Texas Property Code to the contrary shall
not apply,
IS. DEFAULT: If Buyer 6ils to comply with this contract, Buyer shall be in default, and Seller may either (a) enforce specific
performance, seek such other relief As may be provided by law, or both, or (b) terminate this contract and receive the Earnest
Money as liquidated damages, thereby releasing both parties from this contract. If Seller Is unable without fault within the lime
required to retake any non-casualty repairs or deliver the Commilment, Survey or the Complete Abstract, Buyer troy either
terminate this contract and receive the Earnest Money as the sole remedy or extend the lime for performance up to 15 days and
the Closing Date shall be extended as necessary, If Seller Gila to comply with this contract for any other reason, Seller shall
be in default and Buyer may either (1) enforce specific performance, seek such other relief as may be provided by law, or both,
or (2) terminate this contract and receive the Earnest Money, thereby releasing both parties from this contract.
16. ATTORNEY'S FEES: If Buyer, Seller, Listing Broker, Other Broker or Escrow Agent is a prevailing party in any legal
proceeding brought under or with relation to this contract, such party shall be entitled to recover from the rion-prevailing party
all costs of such proceeding and reasonable ailomey's fees.
IT. ESCROW: The Earnest Money is deposited with Escrow Agcnt with the understanding that Escrow Agent is not (a) a party
to this contract and does not have any liability for the performance or non-performance of any party to this contract, (b) liable
for interest on the Earnest Stoney or (c) liable for any loss of Earnest Money caused by the 6ilure of any financial institution in
which the Earnest Money has been deposited unless the financial institution is acting as Escrow Agent. If either party nukes
demand for the payment of the Earnest Stoney, Escrow Agent has the right to require from all parties and brokers it written release
of liability of Escrow Agent for disbursement of the Earnest Money, Any refund or disbursement of Earnest Money under this
contract shall be reduced by the amount of unpaid expenses incurred on behalf of the party receiving the Eamett Money, and
Escrow Agent shall pay the same to the creditors entitled thereto. At closing, the Earnest Money shall be applied first to any cash
down payment, then to Buyer's closing costs and any excess refunded to Buyer. Demands and notices required by this paragraph
shall be in writing and delivered by hand delivery or by certified mail, return receipt requested.
18. REPRESENTATIONS: Seller represents that as of the Closing Date (a) there will be no liens, assessments, Uniform Commercial
Code or other security ialerests against the Property which will not be satisfied out of the Sales Price unless securing payment of
any loans assumed by Buyer and (b) Assumed loans will be without default. If any representation in [his contract is untrue on the
Closing Due, this contract may be terminated by Buyer and the Earnest Money shall be refunded to Buyer. All representations
contained in this contract and an agreement for mediation shall survive closing.
19, NOTICES: All notices shall be in writing and effective when delivered at the addresses shown below.
20, FEDERAL. TAX REQUIREMENT: If Seller is a 'foreign person', as defined by applicable law, or if Seller Gila to deliver an
affidavit that he is not a 'foreign person", then Buyer shall withhold from the sales proceeds an amount sufficient to comply with
applicable lax law and deliver the same to the Internal Revenue Service together with appropriale tAx forms. IRS regulations
require filing written reports if cash in excess of specified amounts is received In the transaction.
21, NOTICE TO ]PARTIES: It is the policy of the State of Texas to encourage the peaceable resolutionofdisputes through alternative
dispute resolution procedures. Therefore, if a dispute arises in relation to this contract which cannot be resolved in good faith
through informal discussion, the parties are encouraged to submit the dispute to mediation As set forth in An addendum either
approved by TREC or required by the parties,
22, AGREEMENT OF PARTIES: This contract contains the entire agreement of the parties and c=ol be changed except by
their written agreement, Addenda which are a part of this contract are (list): _AGENCY DISCL05URE STATEMENT
QRSER'S DISCLOSURE STATEMENT,
Initialed for Identificarion by Buyer and Seller_ TREC NO. 20.1
m a con d... ~ irv,
jr
s
One to Four Family Resideraiel FArnut Money Concoct Concemina 1641 M►Y137 t.l. RnAn nyxTr713. TCS(►4 Pare SIX W IU97
(Ad. n is a r Props ny)
23. CONSULT YOUR ATTORNEY: Brokers cannot give legal advice. This is intended to be a legally binding contract. READ IT
CAREFULLY. If you do not understand the effect of this contract, consult your attorney BEFORE signing.
Buyer's Seller's
Attomey.` - Attorney:
EXECUTED in multiple originals the day of 19 (THE EFFECTIVE DATE).
(BROJIER: FILL IN THE DATE OF FINAL ACCEPTANCE AND THE PARTIE ' RESS )
N'` ' r
Buyer Seller
ZW
Buyer Seller
- 1 l-
Buyer's Address Phone No. Seller's Address Phone No.
The form of this contract has been approved by the Texas Real Estate Commission. Such approval relates to
this contract form only. No representation is made as to the legal validity or adequacy of say provision in any
specific transaction. It is not suitable for complex transactions. Extensive riders or additions ore not to be
used. (03.92) TREC NO. 20.1. This form replaces TREC NO. 20-0.
ACREEMENT BETWEEN BROKERS
Listing Broker agrees to pay WILLIAMS D WILL; MA nF~►7 TORg Other
Broker, a fee of 6 of the total sales price when the Listing Broker's fee described in Paragraph 8 is received,
Escrow Agent is authorized and directed to pay Other Broker from Listing Broker's fee at closing.
3 MF _ T"TAMq A IJTI•TAMq ovatTORS 1152311
Other Broker License No. Listing Broker License No.
By;_ By:, Arv~dA H a OCK 1Ll.II~
Other Broker's Address one No. Listing Broker's Address Phone No.
RECEIPT
Receipt of ❑ Contract and rj S~ Eamest Money in the form of
is acknowledged and is accepted subject to the terms and conditions of the Eamest Money Contract.
Escrow Agent: By: -
Date: 19
Address
City State Zip Code
TREC NO. 20.1
a
f
Ago
iVaIterm
tL e t174 93 -
7~7
O
Z
Q
0
Q: 1': 400'
Q
PROPOSED ACQUISITION
L FOSTER ROAD
89 88 83 ® 80
70
87
71 84
EXISTING LANOfILL
72
81
73 74 85
78 75 8Q
77
TMU TRACT LNM oF•TMN ITH OWWR ® EXISTING CITY PROPERTY
SEPTEMBER 29,1993
XITY-`
COUNCI
y
~°00 e . lbw
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d
A
AplndiNo. -03~'
OctA"91
Date G
CITY COUNCIL AGENDA ITEM'S ~~oZ
TO: Mayor and Members of the city council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: ADOPTION OF AN ORDINANCE AUTHORIZING THE EXECUTION OF AN
AGREEMENT WITH ROBERT AND FRANCES MATZINGER FOR THE PURCHASE
OF PROPERTY ON FOSTER ROAD
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY/BACKGROUND:
The City was able to reach an agreement with Hardy and Francos
Matz.inger relative to the purchase of five (5) acres of real
property on Foster Road for the expansion of the Denton Municipal
Landfill. The purchase price for the property, which contains a
2,141 square foot home with garage and barn, is $122,700.
Under the provisions of the agreement, the City will take posses-
sion of the property on or before January 1, 1994, at the discre-
tion of the seller. It is anticipated that the City will take
possession of the property in early November as the Matzingers are
in the process of purchasing another home. The agreement also
requires the Matzingers to leave all window air conditioning units,
space heaters, ceiling fans, and butane tanks on the premises.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
The Matringer Family, the City of Denton Solid Waste Division, and
the Citizens of uentcn.
FISCAL IMPACT:
$122,700
Resp fully submitted,
C c~ l~ l~tt.L
Lloyd. V. Harrell
city manager
A9993C
d
n
t;
CITY COUNCIL AGENDA ITEM p~ ~pOctober S, 1993 AQBidaNO. r[s~_ll~Z2___
Page 2 Aaandallerr~._S
Prepared by: D
Bill Angelo
Director of Co unity Services
Approved by:
R. E. Nelson
Executive Director of Utilities
A9993C
Ei%WKOCSW OVIATZINGE
A(9^dah0
A;rr~ailer_
ORDINANCE NO.
t
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND ROBERT HARDY MATZINGER AND WIFE,
FRANCES LAMONS MATZINGER TO PURCHASE PROPERTY, AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR: A^D PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Real Estate Contract between the City of Denton and Robert Hardy
Matzinger and wife, Frances Lamons Matzinger for the purchase of
property, under the terms and conditions contained in said agree-
ment, which is attached hereto and made a part hereof, and is
authorized to execute any other document which may be associated
with the purchase of said property.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the amount of $122,700.00 for the purchase
of said property and any closing costs, including the cost of
property survey, as specified in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM:
0~7 A. DRAYOVITCH, CITY ATTORNEY
(
4.. Y~~~Y
r
k
r~
REAI ESTATE CONTRACT
cn a No _ _ _ZLi:_. .
STATE OF TEXAS [ __0~,2 9✓
COUNTY OF nENTON
THIS CONTRACT OF SALE is made by and between ROBERT HARDY
MATZINGER and wife, FRANCES LAMONS MATZINGER (hereinafter referred
to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipali-
typ of Denton, Denton County, Texas, (hereinafter referred to as
"Purchaser"), upon the terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land containing ap-
proximately 5.00 acres of land situated in Denton County, Texas,
being more particularly described in Exhibit A attached hereto and
incorporated herein by reference for all purposes together with all
and singular the rights and appurtenances pertaining to the prop-
erty, including any right, title and interest of Seller in and to
adjacent streets, alleys or rights-of-way (all of such real prop-
erty, rights, and appurtenances being hereinafter referred to as
the "Property") , together with any improvements, fixtures, and per-
sonal property situated on and attached to the Property for the
consideration and upon and subject to the terms, provisions, and
conditions hereinafter set forth.
PURCHASE PRICE
1. 4 The purchase price for the
Property shall be the sum of ONE HUNDRED TWENTY-TWO THOUSAND SEVEN
HUNDRED DOLLARS ($122,700.00).
2. Paymenf of Pur he a ^ -a. The full amount of the Purchase
Price shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by purchaser at or prior to the closing.
1• Preliminary Title Rend, Within twenty das after
the date hereof, Seller, at Seller's sole cost and (exp nse, shall
have caused the Title Company (hereinafter defined) to issue a pre-
liminary title report (the "Title Report") accompanied by copies of
F 'a No
Ad~cGa~rem,~~,1
all recorded documents relating to easements, rights-of-way, et ,
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
unacceptable matters to the reasonable satisfaction of Purchaser.
in the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser; otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have been waived for all purposes.
2. Survey. Upon written request by Purchaser delivered to
Seller contemporaneously with Purchaser's delivery of an executed
original of this Agreement, Seller shall within twenty (20) days
from the date hereof, at Purchaser's sole cost and expense, deliver
to Purchaser a current survey of the Property, prepared by a duly
licensed Texas land surveyor acceptable to Purchaser. The survey
shall be staked on the ground, and shall show the location of all
improvements, highways, streets, roads, railroads, rivers, creeks,
or other water courses, fences, easements, and rights-of-way on or
adjacent to the Property, if any, and shall contain the surveyor's
certification that there are no encroachments on the Property and
shall set forth the number of total acres comprising the Property,
together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
REPRESENTATIONS AND WARRANTIES OF SELLER
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
PAGE 2
t
ka;a~~ll9rr~ F
1, There are no parties in possession of any portion of the
Property as lessees, tenants at sufferance, or trespassers.
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority,
3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. There are no toxic or hazardous wastes or materials on or
within the Property. Such toxic or hazardous wastes or materials
include, but are not limited to, hazardous materials or wastes as
s
(RCTA), as amended and ame are defined by the Resource Conservation and Recovery Act
Compensation and Liability hActo(CERCLA), as amendeden In the Response
any ,such toxic or hazardous wastes or materials are found upon the
Property, Seller shall be responsible for the expense of removal of
these wastes or materials upon receipt of written notice of the
presence of these wastes or materials.
CLOSING
The closing shall be held at the office of Denton County Title
Company, Denton, Texas, on or before October 15, 1993, or at such
time, date, and place as Seller and Purchaser may mutually agree
upon (which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. Sellers Reavirements, At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements,
assessments, and restrictions, except for the following:
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payablot
Any exceptions approved by Purchaser
pursuant to Purchaser's Obligations here-
oft and
3. Any exceptions approved by Purchaser
in writing.
PAGE 3
a
4
L'
No
a U11,;M tgF .
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Denton County Title
Company, Denton, Texas, (the "Title Company") in Purch-
aser's favor in the full amount of the purchase price,
insuring Purchaser's fee simple title to the Property
subject only to those title exceptions listed in Closing
Requirements hereof, such other exceptions as may be
approved in writing by Purchaser, and the standard printed
exceptions contained in the usual form of Texas Owner's
Title Policy, provided, however:
1. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Sellers
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
1. The exception as to the lien for taxes
shall be limited to the year of closing
and shall be endorsed "Not Yet Due and
Payable"; and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record",
C. Deliver to Purchaser possession of the Property on or
before January 1, 1994. From the date of closing until
January 1, 1994, Seller will be allowed to continue to
reside in the house located at 4718 Poster Road, Denton,
Texas, if he should desire.
2. Purchaser's Bquirements. Purchaser shall pay the full
cash purchase prico to Seller at closing in immediately available
funds.
3. Closing Costs. Through the date of Closing, Purchaser
shall only be responsible for the payment of taxes assessed by the
City of Denton and, Seller shall pay all other taxes assessed by
any other tax jurisdiction through the date of Closing. Any taxes
imposed, assessed or arising because of a change of use of the
Property after closing shall be paid by Seller, save and except
taxes so imposed by the City of Denton, which taxes shall be paid
by Purchaser.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller.
PAGE 4
Aga^deNn ~!a - 3 Z
A3 ad~!t~ AW F
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
this Agreement shall be the sole responsibility of Seller, and
Seller agree- to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any
of its obligations hereunder or shall fail to consummate the sale
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement.
BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement, or terminate this Agreement.
MISCELLANEOUS
1. Allignment of Agreement. This Agreement may not be
assigned by Purchaser without the express written consent of
Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. Ngticg. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
4. Texas Law to Aooly. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
PAGE 5
w
O,~DV-
6. Legal Conatmc+im , In case any one or more o the
visions contained in this Agreement shall for any reason be heldrto
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
7. Prior Aareemen s SL+de-sede~. This Agreement constitutes
the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
9• Gender. Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum o Con rte, upon request of either party,
both parties shall promptly execute a memorandum of this Agreement
suitable for filing of record.
11. gQIDDliance In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Purchaser within five (5) days
after Purchaser executes this Agreement and delivers same to Sel-
ler, Purchaser shall have the right to terminate this Agreement
upon written notice to Seller.
DATED this day of
1993
SELLER
ROBERT HARDY AfAT2INGER
4718 Foster Road, Denton, Texas 76208
FRANCES CANONS MATZINGER 11
4718 Foster Road, Denton, Texas 76208
PACE 6
.uajIBM PURCHASER
THE CITY OF DENTON, TEXAS
By:
LLOYD V. HARRELL, City Manager
215 E. McKinney Street
Denton, Texas 76201
STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on
FRANCES LAMONS --LA MA-GER. by ROBERT HARDY MATZINGER and wife,
NOTARY PUBLIC IN AND FOR TEXAS
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, the on
by LLOYD V. HARRELL, City Manager, of the City of- Denton,
a municipal corporation, known to me to be the person and officer
whose name is subscribed to the foregoing instrument and acknowl-
edged to me that the same was the act of the said City of Denton,
Texas, a municipal corporation, that tie was duly authorized to
perform the same by appropriate resolution of the City council of
the City of Denton and that he executed the same as the act of the
said City for purpose and consideration therein expressed, and in
the capacity therein stated.
NOTARY PUBLIC IN AND FOR TEXAS
ATTEST:
JENNIFER WALTERS$ CITY SECRETARY
BY.
PAGE 7
ApeodaNo g3 0,3~
ApendalterrL~~F
APPROVED AS TO LEGAL FORM: Date
DEBRA A. DRAYOVITCR, CITY ATTORNEY
BY: E: \YFDOCS\KVIAl Z l KF . K
PAGE 8
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PROPOSED ACQUISITION
FOSTER ROAD
69 88 62 so
87 83 ~70
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71 64
EXISTING LANDFILL
r2 61
73 74 65
78 76 ~ ~j'
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tnn TUC? Low 0 1; ow►u~ ® EXISTING CITY FROPERTY
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SEPTEMBER 29, 1993
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DATE I s993
CITY CODICIL AGEIDA ITRi L ~D
TOt MAYOR AND MEMBERS OF THE CITY COUNCIL
FRDMt P. E. Nelson, Executive Director of Utilities
SUSJECTs CONSIDER APPROVAL OF AN ORDINANCE AUTHORISING AGREEMENT
FOR EXCHANGE OF PROPERTY WITH THE CITY OF DENISONo
TEXAS.
REOOMMENDATIONr
The Utility Staff and Public Utilities Board recommends approval of the
exchange of property agreement with the City of Denison at no cost to
either city.
SUMMARY/BACZGR=M t
This agreement and ordinance would authorize the City of Denton to give
our 3 ton jib crane with accessories, and our 5 ton crane, with
accessories, to the City of Denison in exchange for one air blower and
accompanying motor. The depreciated value of all properties balance out
to a no cost to either etty. These properties are excess to needs of each
respective city but of value to the receiving cities. In the case of
Denison, they have no jib crane and auxiliary crane for off-loading
chemicals at their Water Treatment Plant. In the case of Denton, there is
need for a back-up blower and motor at the Wastewater Treatment Plant for
use at the wastewater Flow Equalization Holding Basin.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTEDI
Citizens of Denton and Denison, Texasl Denton Utilities
FISCAL IMPACTI
No exchange of funds by either City. This is an even exchange or
property.
Rospec d ly submitted, /
Lloyd V. Hakteel T
Prepared byl
bNVe am, Manager o Conat- ruc-Elbn Projects.
Approved bbys
Executives Director utilities
1005.PUS
AgendaNo._._..ZL- C3_r
Agendaltem ,e3
EXCERPT FROM
PUBLIC UTILITIES BOARD MINUTES
September 27, 1993
The following item was considered:
8. CONSIDER APPROVAL OF AN AGREEMENT WITH DENISON FOR PROPERTY
EXCHANGE
Ham presented this item. After extensive discussion, Coplen
made a motion to approve Item 95 as presented. Second by
Thompson. All ayes, no nays, motion carried.
pub excerpt
p/,t7/93
sI \ueoa:VaowcMisow.o 'GeneaNO _ _Qg'
•9e~da!ferr~ 5 G
ORDINANCE NO. _
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE CITY OF DENISON FOR THE EXCHANGE
OF PROPERTY! AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute an
agreement between the City of Denton and the City of Denison for
the exchange of property, a copy of which is attached hereto and
incorporated heroin.
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
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYt
APPROVED AS TO LEGAL FORMt
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY I
'960a No
40erdaltem k'~' S2G
! mss"'
THE STATE OF TEXAS 4
4 PROPERTY EXCHANGE AGREEMENT
COUNTIES OF DENTON §
AND GRAYSON 4
I
WHEREAS, the City of Denton has identified a jib crane and
accessories as surplus property which is of interest to the City
of Uenison; and
WHEREAS, the City of Denison has identified an air blower
with motor as surplus property which is of interest to the City
of Denton; and
WHEREAS, Section 252.022 of the Local Government Code of the
State of Texas exempts the competitive bidding requirements for
the acquisition of personal property accomplished among units of
government either through selling or trading; and
WHEREAS, with the City of Denton providing the transporta-
tion necessary to exchange the items between the cities, the
value of the equipment to be exchanged is of equal value; now,
therefore
I.
The City of Denton agrees to sell and does hereby sell and
convey to the City of Denison one (1) 1983 year, 3 ton chlorine
cylinder fib crane, Model OY520-35-C3A, Serial No. 8201009E-004,
complete with 3 ton Robbins-Myers electric hoist, model S2M,
Serial No. 45580 NDI, with electrical accessories, and (1) 1968
year, 5 ton Robbins-Myers electric hoist, no s:rial number.)
The City of Denton shall bear the cost of transporting such
equipment to the City of Denison,
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Agenda No
Agenda I
ll.
The City of Denison agrees to sell and convey, and does
hereby sell and convey, to the City of Denton one (1) Air Blower
and Motor, Tag Number 1-ADB with accessories.
The City of Denton shall bear the cost of transporting such
equipment to the City of Denton.
I
i I11.
The City of Denison and the City of Denton make no warranty
of merchantability of the equipment or the fitness of the
equipment for any purpose being owned by it and exchanged by the
cities under this agreement. Each City agrees that the equipment
being received by it undert his exchange is purchased 'As Is.'
WITNESS the hands of the duly authorized representatives of
the cities on this day of 1993.
CITY OF DENTON CITY Of DENISON
W.U
by by
arry u se, ty onager
ATTEST: ATTEST:
Baraara orrest- ty er
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ORDINANCE NO. _
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A PROJECT ENGAGEMENT
AGREEMENT WITH HAYNES AND BOONE, L.L.P. FOR PROFESSIONAL LEGAL SER-
VICES: AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE: AND PRO-
VIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Council hereby approves and authoriz-
es the Mayor to execute an Agreement between the City of Denton and
Haynes and Boone, L.L.P. to provide legal services under the terms
and conditions contained in said project engagement agreement which
is attached hereto and made a part hereof.
SECTION II. That the City Council authorizes the expenditure
of funds in the manner and amount specified in the Agreement.
SECTION II. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCHO CITY ATTORNEY
BY: ti L"~
AA:h
CITY
COUNCIL
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Benda No.
Apendalterr~,..~_
CITY COUNCIL REPORT FORMAT
TOi Mayor and Members of the City Council
FROMI Lloyd V. Harrell, City Manager
SUBJECTS Interlocal Agreement/Denton County 50/50 roads
RECOMMENDATIONi
Approve the resolution which adopts an interlocal agreement with Denton County
for the 50/50 roads.
SUMMARYI
The 50/50 roads have been a major negative to both entities as maintenance
responsibilities were negotiated ineffectively. Citizens needing maintenance on
roads were the real losers as the responsibilities were not clear so neglect
occurred.
BACKOROUNDe
Most the roads affocted were part of annexations by the City of Denton in the
1970'e and 1980's. Establishing a boundary down the road centerline was used for
division of property. Maintenance procedures are ineffective when working on 1/2
of a country (rural) type roadway.
PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED:
Street maintenance, Denton County Public Works, Engineering and Transportation
Department, citizens that live and work on the perimeter of Denton.
FISCAL IMPACTi
Very difficult to cost out at this time. Savings in administration should
quickly result. Maintenance costs will most likely rise as these roads are
scheduled into programs instead of being avoided.
SP FULLY 9 ITTEN
oy "arre
City Manager
Prepared bys
rr Clptk
jt cto of ngineering I Transportation
Approvedi
Itick Sve a
Deputy City Manager
ARE002AD
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CITY of DENTON, TEXAS MUNICIPAL BUII DING / 215 E. McKINNEY / DENTON, TEXAu 76201
MEMORANDUM
DATE: September 1, 1999
T0: Rick Svhela, Deputy City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUBJECT: City/County Road Maintenance - Interlocal Agreement for
50/50 Roads
We have been working with the County to continue our cooperative
efforts to make systems more user friendly. Land acquisitions by
the City of Denton through annexation used the road centerlines as
the control line for division. This method created 50/50 roads
where maintenance requests were a nightmare for the citizens as
each entity pushed responsibilities to the othor. In many cases,
maintenance suffered due to the system.
This proposed Interlocal Agreement with Denton County splits the
road mileage evenly with each taking full responsibility for
i maintenance, The enclosed list shows the division of the roads.
Each road was evaluated individually by location and with relation
to drainage and pavement surface by both entities, Corbi,i Road
with its many associated legal issues has been dropped from the
k list until those can be resolved or another solution presented.
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(617) 5658696
COM IIOUSE ON'II1E SQUARE 110 W. IIICKORY DEN WN, 7FXAS 76201
August 27, 1993
Mr. Jerry Clark, P.F.
Director of Engineering R Transportation
City of Denton
215 E. McKinney
Denton, TX 76201
RE: SHARED ROADWAY MAINTENANCE FOR
CITY OF DENT'ON/DFNTON COUNTY ROADS
Dear Jerry:
Thank you for pointing out the error in the previous list where Ryan Road was listed under the
"City of Denton" rather than Egan Road. The attached list has been revised to correct this
error. 1 would suggest that this shared maintenance responsibility list be formalize) through an
Interlocal Cooperative Agreement, If you agree, let me know and I will have a draft agreement
prepared for your review and comment.
We will await your response regarding this matter. In the meantime, should you have any
additional questions or comments, please advise.
Si cerelyy~
Michael A. Jones,
Director of Pubic Works
NIAJ:jp
cc. Commissioners Court
Rick Svelha, Deputy City Manager
lack Wagner, Field Administrator
Attachment
E:\VPOOCS IRE WOUNA IN.0
Ag9,1 daNo _ --0,3~_--
Ag~~daite~n.~'S
L~~a~lpA ~9~~f~'
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
COOPERATION AGREEMENT WITH DENTON COUNTY FOR SHARED ROADWAY MAIN-
TENANCE FOR CITY OF DENTON AND DENTON COUNTY ROADS; AND PROVIDING
AN EFFECTIVE DATE,
WHEREAS, there are a number of roads and streets along the
perimeter of the boundaries of Denton County and the City of
Denton; and
WHEREAS, the County and City desire to establish maintenance
responsibilities on certain perimeter roads and streets to more
effectively and efficiently keep said roads in proper state or
repair; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECLQN I. That the City Manager is authorized to execute an
Interlocal Cooperation Agreement on behalf of the City of Denton,
Texas, with Denton County for shared roadway maintenance for City
of Denton and Denton County roads, a copy of which is attached
hereto and incorporated by reference herein.
SECTION II. That this resolution 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: ~L~r
IF1 y7
~Wa No
THE STATE OF TEXAS A Wndaltern ~ ~D/9
WORK ,9c0 BE PERF_ORMED
COUNTY OF DENTON A JJ
DENTON COUNTY, TEXAS
INTERLOCA~ Coopr,~ATION AOREEHENT
THIS AGREEMENT is made and entered into this 3rcl day of Se a ber,
1993, by and between Denton County, a political subdivision of the
State of Texas, hereinafter referred to as the "County", and the
City of Denton a political subdivision/entity located within Denton
County, Texas, duly organized and authorized under the State of
Texas, hereinafter referred to as the "City".
WHEREAS, There are a number of roads and streets along the perimeter of the
boundaries of Denton County and the city of Denton which are partially in
unincorporated Denton County and partially in the incorporated limits of the City
and
WHEREAS,There has been uncertainty in the past concerning maintenance
responsibility for several of these perimeter roads, and
WHEREAS, The County and City desire to eliminate, to the greatest extent
possible, any confusion associated with maintenance responsibilities on said
roads)
WHEREAS, The County and City desire to establish maintenance
responsibilities on certain perimeter roads/streets to more effectively and
efficiently keep said roads in a proper state or repairl and
NOW THEREFORE, THIS AGREEMENT is hereby made and entered into by County
and City pursuant to V.T.C.A. Government Code, Chapter 7911 V.T.C.S. Art 6702-1,
section 2.0101 and V.T.C.S. Art 1105b, upon and for the mutual consideration
stated herein:
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For the purposes and consideration herein stated, the project is describe s
follower
SNARED RC,IDWAY MAINTENMCE FOR CITY 0 DENTON AND DENTON COUNTY ROADS
II.
Thi County assumes maintenance/reconstruction responsibilities for the following
roads/streets, as identified and described on the attached and incorporated for
all purposes Exhibit "Ai: Allread, Barthold, Blagg, Bonnie Brae, Brush Creek,
Cooper Creek, Edwards, Farris, Fish Trap, John Paine, Johnson, Pockrus Paige,
Silver Dome, Swisher, Trinity, and Underwood (a combined distance of 40,632 feet
or 7.7 miles).
The City of Denton assumes maintenance/reconstruction responsibilities for the
following roads/streets, as identified and described on attached and incorporated
for all purposes Exhibit "A" : Egan, Foster, Hickory Creek, Jim Christal, Masch
Branch, Mayhill, Nail Road, Robinson, and Tom Cole, )a combined distance of
40,821 feet or 7.1 miles).
This Interlocal Cooperation Agreement will be automatically renewed annually,
unless terminated under the provision provided under Article Iv.
Ill.
Thle agreement is not intended to extend the liability of the parties beyond that
provided by law. Neither the City nor the County waives any immunity or defense
that would otherwise be available to it against claims by third parties,
IV.
This agreement may be terminated at any time, by either party giving sixty (60)
days advance written notice to other party.
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The undersigned officer and/or agent of the parties hereto are 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
than any necessary resolutions extending said authority have been duly passed are
now in full force and effect.
EXECUTED in two (2) originals at Denton, Denton County, Texas on the day and year
first written above.
COUNTY CITY
Denton County City of Denton
110 West Hickory 215 E. McKinney
Denton, Texas 76201 Denton, Texas 76201
BY? BY$
The Honorable Jeff Moseley
County Judge `
Acting on behalf of, and by Acting on behalf uf, and
the authority of the by the authority of the
Commissioners court of City of Denton City Council
Denton County, Texas
ATTESTS ATTESTS
BY:
APPROVEI AS TO FORMS APPROVED AS TO FORMS
SYS
Assistant District Attorney City Attorney
Denton County City of Denton
APPROVED AS TO CONTENTS
BYS _
Director of Public Works
Denton County
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Agenda No -Dge
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SHARED ROADWAY MAINTENANCE FOR
CITY OF DENTON/DENTON COUNTY ROADS
August, 1993
DENTON COUNTY LINEAR FEET
ALLRED RDAD 5,732
BARTHOLD ROAD 2,300
BLAGG ROAD 1,385
BONNIE BRAE 8,564
BRUSH CREEK RO,! D 1,675
COOPER CREEK 724
EDWARDS ROAD 5,760
FARRIS ROAD 784
FISH TRAP ROAD 829
JOHN PAINE ROAD 2,353
JOHNSON LANE 3,648
POCKRUS PAIGE 750
SILVER DONE 964
SWISHER ROAD 1,655
TRINITY ROAD 6,800
UNDERWOOD ROAD 900
TOTAL: 44,773
CITY OF DENTON LINEAR FEET
EGAN ROAD 1,400
FOSTER ROAD 2,962
HICKORY CREEK ROAD 433
JIM CHRISTAL 17,800
MASCH BRANCH 200
MAYHILL ROAD 8,924
NAIL ROAD 2,272
ROBINSON 4,175
TOM COLE 2.700
TOTALS
40,866
II
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COUNCIL MEMBER CHEW NOMINATION ate
3+05 Forrestridge Drive
Denton, TX 76205
September 28, 1993
Mr. Dick Engle
Keep Denton Beautiful
P. 0. Box 374
Denton, TX 76202
Dear Mr. Engle:
Very much to my regret, I find it necessary to tender my resignation
from the Keep Denton Beautiful Board. My resignation is effective
immediately.
My brief affiliation with the Board was both an honor and a pleasure.
I extend heartiest best wishes to you and the entire Board in all the
work you are endeavoring to do.
Sincerely,
o 1. a' l
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~4pe~No ~.~'~38
JAI A-1~
TIMELINE FOR POSSIBLE SALES TAX ELECTI~
Report Due from Committee October 15
Committee Presentation to CC October 19 or 26
Remaining City Counc U Meetings October 19, 26
November 2, 9, 16, 23
Receive Pre-Clearance No later than November 16
from the Justice Department
(60 days prior to election)
City Council Call Election No later than December 1
(45 days prior to election)
Election January 15, 1994
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