HomeMy WebLinkAbout11-02-1993
CITY COUNCIL AGENDA PACKET
November 2, 1993
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AGENDA
CITY OF DENTON CITY COUNCIL
November 21 1993 U
Work Session of the City of Denton City Council on Tuesday,
November 2, 1993 at 5s15 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas at which the following items
will be considereds
NOTES 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 Sessioni
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider action in the matter of the application of
Bolivar Water Supply Corporation for an amendment
to CCN No. 11257) Docket Nos. 9824-C and 9447-C of
the Public Utilities Commission.
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE
Sec. 551.074
2. Receive a report, hold a discussion and give staff direction
regarding Council procedures to consider a possible half cent
sales tax election to reduce the property tax.
3. Receive a report, hold a discussion and give staff direction
regarding casting votes for a candidate or candidates to serve
on the Denton Central Appraisal District.
4. Receive a report and hold a discussion regarding a proposed
ordinance amending Chapter 2 of the Code of ordinances
relating to "Administration" by revising Article III entitle
"Boards, Commissions and Committees" by amending Section 2-65
entitled "Term of office".
5. Receive a rep~!irt and hold a discussion regarding the Solid
Waste Master Plan.
Regular Meeting of the City of Denton City Council on Tuesday, at
700 p.m. in the council Chambers of City Hall, 215 E. McKinney,
Denton, Texas at which the following items will be considereds
7100 p.m.
1. Pledge of Allegiance
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City of Denton City Council Agenda Ag9ndaN0n
November 2, 1993 Age~dalie
Page 2 Dale
2. Consider approval of the minutes of the Special Call Session
of October 12, 1993.
3. Receive and open bids regarding the City of Denton
Certificates of Obligation, Series 1993-A.
4. Consent Agenda
Each of these items is recommended by the Staff and approval
thereof will be strictly on the basis of the Staff recommendations.
Approval of the Consent Agenda authorizes the City Manager or his
designee to implement each item in accordance with the Staff
recommendations. The City Council has received background
information and has had an opportunity to raise questions regarding
these items prior to consideration.
Listed below are bids and purchases orders to be approved for
payment under the Ordinance section of the agenda. Detailed back-
up information is attached to the ordinance (Agenda item 5.A).
This listing is provided on the Consent Agenda to allow Council
Members to discuss or withdraw an item prior to approval of the
Consent Agenda. Upon the receipt of a "request to speak" form from
a citizen regarding an item on the Consent Agenda, the item shall
be removed and be considered before approval of the Consent Agenda.
A. Bids and Purchase Orders:
1. Bid #1552 - Hot Mix
5. Ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (3.A.1. - Bid #1552)
B. Consider adoption of an ordinance authorizing the
issuance, sale and delivery of City of Denton
Certificates of Obligation, Series 1993-A, and approving
and authorizing instruments and procedures relating
thereto.
C. Consider adoption of an ordinance prohibiting the parking
of vehicles on the both sides of Grace Temple Avenue,
from its intersection with Fulton Street to its
intersection with Ponder Street,
City of Denton city council Agenda AQenddNo
November 2, 1993
Page 3
D. Consider adoption of an ordinance designating thned
establishing a school safety speed zone on portions of
iendon en Street, Fulton Sreet and Crescent Street near D High School t Campual reducing the maximum
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prima facie speed limit for such portions of said streets
from thirty miles per hour to twenty miles per hour
during certain hours.
E. Consider adoption of an ordinance amending Section 22-28
of the Code of Ordinances to provide for certain fees
associated with the use of City building and facilities.
F. Consider adoption of an ordinance calling a special
election to be held on January 15, 1994, for the purpose
of determining whether to adopt an additional sales and
use tax of one-half of one percent to be used to reduce
property tax.
6. Resolutions
A. Consider approval of a resolution casting City of Denton
votes for candidates to the Board of Directors of the
Denton Central Appraisal District.
B. Consider approval of a resolution appointing members to
the Board of Directors of the Denton Retirement and
Nursing Center Finance Authority.
C. Consider approval of a resolution authorizing an
application for a grant to participate in the National
Tree Planting Program) committing local matching funds
and in-kind services to match the amount of the grant.
D. Consider approval of a resolution regarding an agreement
with SPAN for the sale of fuel.
7. Consider nominations and/or appointments to the Electrical
Code Board, the Keep Denton Beautiful Board, the Juvenile
Diversion Task Force and the 191 Committee.
8. Vision for Denton Update
9. Miscellaneous matters from the City Manager.
10. Official Action on Executive Session itemsr
A. Legal Matters
B. Real Estate
City of Denton City Council Agenda ApadaNa.__..~
November 2, 1993
Page 4 AvidaI
Date
C, Personnel
D. Board Appointments
11, New Business
This item provides a section for Council Members to suggest
items for future agendas,
12. Executive Session:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551,071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec, 551,074
NOTEt THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
EXECUTIVE SESSION AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the
bulletin board at the City Hall of the City of Denton, Texas, on
the day of
1993 at o'clock (a.m.)
CITY SECRETARY `
NOTEt THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-0309 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,
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CITY COUNCIL REPORT Agenda ItV .f'
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TOc Mayor and Members of the City Council
FROMS Lloyd V. Harrell, City Manager
SUBJECTi Report from Dr. Bill Luker, Citizens' Sales Tax Advisory
Committee Members other Requested Information Regarding
a One Half Cent Sales Tax to Decrease the Property Tax;
Election Information
DATEi November Z, 1993
Report from Dr. Sill Luker Videotape
Since Dr. Bill Luker, Citizens' Sales Tax Advisory Committee
Member, teaches a class Tuesday evenings, he requested that the
City Council hear a videotaped report from him regarding the half
cent sales tax to reduce the property tax.
Non-Resident Shopper Statistics Attachment A
Also at the Council's request, the figures available regarding
Denton versus non-Denton shoppers at several locations are included
for your review.
Election Information Attachment B
Two ordinances has been drafted and placed on the City Council's
7100 p.m. agenda if the Council dbsires to call an election for a
one half cent sales tax increase to be used to reduce the property
tax. One ordinance designates a single polling place for the
election and the other ordinance designates four polling places for
tho election.
City Secretary Jennifer Walters has prepared a cost analysis of the
various options that the City Council has regarding the number of
polling places and the type of ballots used. Traditionally, all
special elections have had only one polling place, the Civic
Center, which is centrally located. In both ordinances, the type
of balloting has been left blank. The City Council would need to
insert either paper or punch card ballots in that blank.
Staff needs direction on the polling location so that pre-clearance
may be obtained from the U.S. Department of Justice prior to the
possible election, This process takes at least 60 days and the
Legal Department must submit this information soon to ensure that
the polling location is acceptable to the Justice Department.
Electric Rate Information Attachment C
The City Council also requested that information be presented
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regarding a possible expansion of the current pp,~~ electrtu uk Sty
rate that provides the lowest cost service t9 6W"19V 1"'67fttrlcA
customers. Bob Nelson, Executive Director for Utilities, and his
staff have done a preliminary analysis of lowering the electric
rate or initiating energy conservation programs that target low
income customers. An analysis is attached for your review.
Since any additional sales tax would not be effective until October
It 1994, any such energy conservation program or rate change would
go through the normal budget process. At the City Council's
direction, further study on this issue could be started earlier
than the budget process by the utilities staff and the Public
Utilities Board.
Please advise if I can answer additional questions.
RESPECTFULLY SUBMITTED,
C y Manager
Prepared byi
Catherine E. Tuck
Administrative Assistant
ATTACMENT A
SHOPPER SURVEYS ,9er0aNo. 9.2
ige20a~ter~~a__-
GOLDEN TRIANGLE MALL
March 1993
Denton Citizens 54%
Outside Denton 46%
August 1993
Denton Citizens 70%
Outside Denton 30%
Sources Golden Triangle Mall
SERVICE MERCHANDISE
Denton Citizens 48.6%
Outside Citizens 51.4%
Source: Service Merchandlao Marketing
CARTER'S
Denton Citizens 17%
Outside Citizens 831
Sources Carter's Marketing
ATTACHMENT B
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71
CITY of DENTON, TEXAS MUNICIPAL BUILDING / DENTON, TEXAS 762011 TELEPHONE (817) 566-8309
Office of the City Secretary
MEMORANDUM
DATE1 October 27, 1993
TOI Lloyd V, Harrell, City Manager
FROM1 Jennifer. Walters, City Secretary
SUBJECTS Election Costs
Ver your request, I have gathered information concerning possible
costs for a sales tax election. Options for such an election
include one polling place using paper ballots, one polling place
using punch card ballots, four polling places using paper ballots
^d four polling places using punch card ballots.
~Iho Last time paper ballots were used was for the 1986 bond
e?e;cion. one polling place, the Civic Center, was used for all
voters in the City. The cost for printing the ballots was
approximately $2000 supplies were approximately $100 and election
workers were approximately $1500 for a total cost of approximately
$1800. Since that time costs have increased and it is estimated
that printing costs would now be $500, supplies would be $200 and
election worker costs would be $2,400. Election worker costs would
be higher for this election due to the longer period of early
voting which was not in effect in 1986 and the increased number of
workers needed due to increased voter participation in early
voting. Total election cost would be estimated at $3,100.
Estimated costs for using one polling place with punch card ballots
would be $2,650 for ballots and supplies and $2,600 for election
workers for a total cost of $5,250.
Using paper ballots at all four polling places would not increase
the cost of printing the ballots but would increase the cost for
election workers. The cost of election workers for the last City
council election was $3,500 and more workers might be ILeeded to
manually count the paper ballots thus increasing that cost to
approximately $3,650 for a total election cost of $4,425.
Agenda No
~s
Apenda!S
The cost for using all four polling plates wit unch card ballots 925
would be approximately $2,725 for ballots and Mptirs-SRB-M, 500
for election workers for a total Cost of $6,225.
Tim Hodges, County Clerk, has indicated that the County would be
willing to tabulate the City's punch cards if the Council decided
to proceed with that ballot style.
if you have any further questions, please let me know.
.
Jen r Wal s
Cit s cretar
t
SALES TAX ELECTION OPTIONS
Option I - One Option II - One Option III - Four Option IV - Four
Polling Place with Polling Place with Polling Places with Polling Places with
Paper Ballots Punch Card Ballots Paper Ballots Punch Card Ballots
Ballot Printing - Ballot Printing - Ballot Printing - Ballot Printing -
$500 $2,000 $500 $20000
Election Supplies - Election Supplies - Election Supplies - Election supplies -
$200 $650 $275 $725
Worker Costs - Worker Costs - Worker Costs - Worker Costs -
$28400 $2,600 $30650 $3,500
Total Cost - $3,100 Total Cost - $50250 Total Cost - $4,425 Total Cost - $6,225
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ORDINANCE N0. _
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1994, FOR THE
PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE
TAX OF ONE-HALF OF ONE PERCENT TO BE USED TO REDUCE PROPERTY TAX;
DESIGNATING VOTING PLACES AND AUTHORIZING THE APPOINTMENT OF
ELECTION OFFICIALS; PROVIDING FOR BILINGUOA INGTISYSTEM CEOF THE ELECTION;
ORDERING THAT THE
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, V.T.C.A., Tax Code Chapter 321 authorizes the govern-
ing body of a qualified municipality to call an election for the
purpose of adopting an additional sales and use tax of one-half of
one percent to be used to reduce the property tax, and
WHEREAS, the City of Denton is a municipality qualified to call
such election; and
WHEREAS, it has been determined by majority vote of the City of
Denton City Council, that an election should be held for the
purpose of determining whether an additional tax may be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
SECTION I. That the following proposition be submitted to the
in
voters of Texas, Denton on the 15th day of election January, 1994:
the City of Denton,
The adoption of an additional FOR
one-half of one percent sales
and use tax within the City to AGAINST
be used to reduce the property
tax rate.
SECTION II._ That the polling place, which shall be open from
7:00 a.m. to 7:00 p.m., shall be designated as the Denton Civic
Center Building, 321 East McKinney, Denton, Texas.
,ECTION III. That the City Council shall appoint the presiding
judge and alternate presiding Judge he polling place for said
election. Said judge shall appoint such clerks as may be necessary
to assist in holding of said election, including bilingual
assistants as required by law. All judges and clerks shall b,a
qualified voters in the city of Denton. The rate of pay for
election judges and clerks shall be the maximum amount provided for
by State law.
SECTION IV. That early voting shall be conducted for the
election by the Office of the City secretary in the Municipal
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dBuilding at 215 East McKinney Street in the City of Den , Texas.
The polls for early voting by personal appearance shall be open
between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday,
commencing on December 27, 1993 and ending on January 11, 1994. In
addition, early voting shall be held on Saturday, January 8, 1994
between the hours of 10:00 a.m. and 3:00 p.m., at the same location
as weekday early voting.
SECTION V. That the Mayor is hereby directed to provide notice
of the election in accordance with sections 4.002 and 4.003 of the
Texas Election Code, the notice to be printed in the Spanish
language and the English language.
SECTION VI. That voting system, meeting
the requirements of the Texas Election Code, shall be used for said
election.
SECTION VII. That the City Secretary is authorized to
prepare the official ballot for the election and perform every act
required by the Charter and laws of the State of Texas `or holding
elections.
SECTION VIII. 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. DRAYOVITCN, CITY ATTORNEY
BY:
Page 2
j:\wpdoce\ord\regpo11.o "FOUR POLLING PLACES"
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ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTONj TEXAS,
CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 151 1994, FOR THE
PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE
TAX OF ONE-HALF OF ONE PERCENT TO BE USED TO REDUCE PROPERTY TAX;
DESIGNATING VOTING PLACES AND AUTHORIZING THE APPOINTMENT OF
ELECTION OFFICIALS; PROVIDING FQR BILINGUAL NOTICE OF THE ELECTION;
ORDERING THAT THE VOTING SYSTEM BE USED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, V. T.C.A., Tax Code Chapter 321 authorized the govern-
ing body of a qualified municipality to call an election for the
purpose of adopting an additional sales and use tax of one-half of
one percent to be used to reduce the property tax; and
WHEREAS, the City of Denton is a municipality qualified to call
such election; and
WHEREAS, it has been determined by majority vote of the City of
Denton City Council, that an election should be held for the
purpose of determining whether an additional tax may be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
SECTION I. That the following proposition be submitted to the
voters of the City of Denton at a special election to bo held in
the City of Denton, Texas, on the 15th day of January, 1994:
The adoption of an additional FOR
one-half of one percent sales
and use tax within the City to AGAINST
be used to reduce the property
tax rate.
SECTION II. That the polling places, which shall be open from
7:00 a.m. to 7:00 p.m., shall be as follows:
1. Voters residing in District No. 1 shall vote at:
MARTIN LUTHER KING, JR. RECREATION CENTER
1300 WILSON STREET
DENTON, TEXAS
2. Voters residing in District No. 2 shall vote at:
FIRE STATION NO. 4
2110 SHERMAN DRIVE
DENTON, TEXAS
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3. Voters residing in District No. 3 shall vote at:
NORTH LAKES RECREATION CENTER
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
4. Voters residing in District No. 4 shall vote at:
DENIA RECREATION CENTER
1001 PARVIN
DENTON, TEXAS
SECTION III. That the City council shall appoint the presiding
judges and alternate presiding judges of the polling places for
said election. Said judges shall appoint such clerks as may be
necessary to assist in holding of said election, including
bilingual assistants as required by law, All judges and clerks
shall be qualified voters in the City of Denton. The rate of pay
for election judges and clerks shall be the maximum amount provided
for by Sate law.
SECTION IV, That early voting shall be conducted for the
election by the office of the city secretary in the Municipal
Building at 215 East McKinney Street in the City of Denton, Texas.
The polls for early voting by personal appear'.nce shall be open
between the hours of 8:00 a.m. and 5:00 p.m. Mo:iday through Friday,
commencing on December 27, 1993 and ending on January 11, 1994. In
addition, early voting shall be held on Saturday, January 8, 1994
between the hours of 10:00 a.m. and 3:00 p.m,, at the same location
as weekday early voting.
SECTION V. That the Mayor is hereby directed to provide notice
of the election in accordance with Sections 4,002 and 4.003 of the
Texas Election Code, the notice to be printed in the Spanish
language and the English language.
SECTION VI. That voting system, meeting
the requirements of the Texas Election Code, shall be used for said
election.
SECTION VI , That the City Secretary is authorized to prepare
the official ballot for the election and perform every act required
by the Charter and laws of the State of Texas for holding
elections,
SECTION VIII. That this ordinance shall become effective
immediately upon its passage and approval.
Page 2
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 3
ATTACHMENT C
YoQ9mber Z, 1993.. +s
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Lloyd V. Harrell, City Manager
SUBJECT: DISCUSS POSSIBLESUBSIDY OPTIONS FROM THE ELECTRIC UTILITY
TO OFFSET PROPOSED 1/24 SALES TAX INCREASE TO IOW INCOME
RESIDENTS
RECOMMENDATION:
In response to the Councils request to explore possible subsidy options from
the electric utility to offset the proposed 1/20 sales tax impact on low income
residents, the staff has explored two possible concepts. These are:
1. Additional reduction in rates for customers who use relatively
small amounts of electricity, (life line rates) and,
2. Design additional conservation programs targeted to reducing the
energy use of low income residents.
BACKGROUND:
The City of Denton currently has a residential rate (111) that provides a
discount of ($1.00/month In the facility charge (from $7.65 to $8.65) and a
1.2501KWH energy charge discount during the summer period (from
5.550/KWH to 4.300/KWH) for approximately 20000 customers who use less
than 700 KWH per month. The actual number of R1 customers fluctuates
during the year from around 1,000 to over 3,000. Customers who exceed the
700 KWH limit must remain off the R1 rate for one year. The R1 rate, along
with other utility rates, is currently based on the cost to servo this customer
group.
The City of Austin has a residential electric rate schedule that provides a
very low cents per KWH for the first 500 KWH per month (2.750/KWH), with
higher rates above 500 KWH to obtain the required revenue from that customer
class. Accordirg to Austin rate officials, the low rate below 500 KWH is a form
of "lifeline" rate that provides some assistance to lower Income and older fixed
income customers.
Central Power and Light, serving the south Texas area, has an Economy
Residential Rate available to customers that use less than 500 KWH per month.
During a 12 month period, a customer may exceed 500 KWH two months or
exceed 600 KWH for one month and remain on the rate.
The rate structure is essentially the regular residential rate except that the
facility charge is lowered from $7.04/month to $3.00/month.if customers
exceed these limits, they must remain off the rate for one year.
Page 2
The philosophy behind this rate is described by Central Power and Light rate
officials as a combination conservation/ "lifeline" rate.
Texas Utilities has a Residential Limited Load Service rate that provides a
discounted energy charge (5.480/KWH versus 6.750/KWH) as compared to the
regular residential rate. A special meter is installed that will not allow
current flow in excess of 15 amps. If the customer terminates service on this
rate the customer must remain off the rate for one year.
If a "lifeline" rate is desired that reduces the current rates charged under
R1, the resulting revenue would not recover the cost to serve this customer
group. The revenue would be made up through higher charges to other
customers as a form of subsidy. The staff recommends that the industrial
customer class be targeted to provide that subsidy since this class would
receive the major benefit from a property tax decrease.
The discussions of these options are listed below:
REDUCED ELECTRIC RATE OPTIONS
Option 1: Adopt lower rate charge on the first at 500 KWH per month
The facilit;- and/or energy rate could be reduced which would provide
lower electric service cost to customers on the rate. However,
preliminary analysis of Denton usage history for fiscal year 1993
Indicates that up to half cf the current customers on R1 would not
qualify for the rate if usage was limited to 500 KWH.
Currently, $170,000 is collected from the 20000 RI customers as facility
charges and collected as energy charges from the 11.7 million of sales
to the group of customers. The following table shows the cumulative
amount of annual revenue reduction if the monthly facility charge Is
reduced to the following levels:
Facility Charge Revenue Reduction Per Customer
;8.65 (current) -0. .0-
5.00 $ 42,000 $211yr
4.50 549700 27/yr
4.00 67,500 34/yr
3.50 800200 40/yr
3.00 92,900 46/yr
If the energy rate were reduced, the following revenue reductions could be
realized:
Energy Rate Revenue Reduction Per Customer Average
4.30 WH .0. .0-
3.80/KWH $ 58,500 $29/yr
3.30/KWII 1170000 58/yr
2.80/KWH 175,500 88/yr
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Page 3 /
O~tlon 2: Increase the KWH u level above 700 KWH zflonth" to enable
more customers to qualify or the 111 rate
Since Denton already has a KWH usage rate at 700 KWH that essentially
doubles the number of customers that qualify as compared to using
other utility limits at 500 KWH, expanding the limit above 700 KWH
would probably benefit customers that are not really low income
customers.
ENERGY CONSERVATION OPTIONS
There are several energy conservation existing programs enhanced, that could be specifically targeted to low Income
residents that could lower energy usage that would help offset the 1/2Q sales
tax.
If an energy efficiency program is selected, the staff would recommend that
the selection of the recipients of programs be handled through the city's
existing administrative office that handles the CDBG programs,
LOW INCOME WEATHERIZATION PROGRAM
Home weatherization can have a significant impact on utility bills for low-
income residents if coupled with sound energy use practices. Heating and air
conditioning combined account for over half the domestic energy consumption.
Federal funding for low-income weatherization programs has been available for
quite some time but has been declining significantly since 1988.
Community Services, Incorporated (CSI) is the Community Action Agency
selected by the state and federal government to administer the Weatherization
Assistance Program (WAP) for the area which includes the City of Denton.
According to A.R. Kampschafer, Weatherization Program Manager for CSI
funding is limited to building envelope type improvements and a maximum of
$3,0001house for weather stripping, caulking and insulation. The City of
Denton's CDBG program, administered by Barbara Ross, has a $17,000/house
maximum and can make more substantial permanent improvements such as
reroofing.
Both Ms. Ross and Mr. Kampshafer recommended that the City of Denton
Electric Utility work in conjunction with their programs since the
administrative and labor costs could be borne by their organizations Instead
of the Utility. Their fiat of hardware, currently unfunded but needed for
low-income homes, included Items such as ceiling fans, high efficiency water
heaters, high efficiency air conditioners, and low flow shower heads,
APPLIANCE ANNUAL ANNUAL
EST. KWH SAVINGS EST. DOLLAR SAVINGS
Ceiling Fan 2140 $150.00
High Efficiency Water Heater 273 $ 19,11
it " Air Conditioner/ton 800 $ 48.00
Low Flow Shower Head 275 $ 22.00
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Page 4 Ag end,, No
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The cost per household for these items is estimated as follows: 4~ Ceiling Fans $75-$85/household
High Efficiency Water Heaters $170-$200/household
High Efficiency Air Conditioners $250-$500/Household
Low Flow Shower Heads $8-$101household
The costs for the Utility would be strictly the purchase of the hardware and
educational materials fox, the customer. The WAP and CDBG would administer and
install the hardware and report activity back to the Utility,
LOW INCOME RESIDENTIAL LIGHTING PROGRAM:
A lighting program for low-income residents could result in some savings but
lighting only represents approximately 88 of a household's total electric bill.
Cooling and Heating costs account for the lion's share (58%) of the total
electric bill. Compact Fluorescent Bulbs are rather expensive but are
reported to pay for themselves over a three year period. The purchase price
difference between a standard 100 watt bulb and a 22 watt compact fluorescent
bulb is approximately $22 and the annual savings for a bulb which is used 8
hours/day is approximately $101year. Compact Fluorescent Bulbs also last
approximately ten times longer than incandescent bulbs. The City's program
costs for a low-income lighting program would be based on the number of
bulbs per household to be replaced,
LOW-INCOME EFFICIENT APPLIANCE PROGRAM:
A low-income efficient appliance program could be administered through the
CDBG program as mentioned above. The CDBG program ~,ill begin including
HVAC systems in their program coverage in 1994 which will lend itself to a
cooperative effort if this type of program is selected. The Electric Utility
currently offers an Appliance Rebate for Air Conditioners and Heat Pumps for
$1001ton to all customers. This rebate could be Increased /modified for low-
income residents,
LOW-INCOME REFRIGERATOR RECLAMATION PROGRAM:
A low-income refrigerator reclamation program might reduce a household's
total electric bill but a program of this nature issumes that the household
would have the means to purchase a new, more efficient air conditioner with
the rebate provided from the program. According to professionals who
administer low income programs for the Federal and State government most
participants do not have the means to make these large purchases and do so
only in emergency situations. Therefore the program wor,:d have to fund the
refrigerator reclamation as well as purchase of the new efficient unit which
could equate to $400 to $800 with labor and administrative costs Included.
This program, although an option does not appear financially feasible.
i
AgerdaNo._~
Page 5 N'e //-A- 9.*5
/G Y/6
SUMMARY: If the Council desires to counter the effect of the proposed 1.24 sales tax via
lower rates or energy conservation programs of the electric system, the staff
would recommend one of the two following programs:
RATE OPTIONS:
Lower the facility charge to $4.00 from $6.65 and lower the
energy charges to 3.34 per KWH (from 4.301KWH). These two
would reduce the revenue from the 2,000 customers on the R1
Rate by $18405001yr ($67,500 facility charge and $117,000 energy
charge). This represents $92 per year for the average
customer.
This $92 reduction equates to offsetting the 1/20 sales tax on
$18,840 per year of taxable consumer spending.
ENERGY CONSERVATION OPTION:
If the Council desires to use the energy conservation option, the staff would
recommend the calling fan option. This program can offer the beat cost to
benefit ratio and helps keep the customers air conditioning bill down and the
electric utilities summer peak load down. With this Pro;ram o the City would
install ceiling fans in the main living and bedroom areas of the selected low
income families. The annual savings per household could exceed $100 per year
if the customer utilizes them appropriately. The cost would be $75 to $100 for
each fan, including installation. This program might have to be phased in
over a three year period at a cost of approximately $150,000 per year if 21000
customers are targeted with two to three fans per customer.
Respectfully submitted,
Lloyd V. Harrell,
City Manager
Sub tted b
R.E.Nelson, xecutive D rector
Department of Utilities
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oat* 2
DATE: NovembQ 2, 1993
CITY COUNCIL REPORT (Jln /L~/'/(~
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: NOMINEE(S) TO BOARD OF DIRECTORS - DCAD
RECONNENDAT19N, Staff recommends Council cast votes for a
candidate or candidates to serve on the Board of Directors.
SUMMARY: During the October 12th Council meeting, John Beck
Gaylord Thornton and Horace Brock were nominated as candidates for
the Board of Directors. These names were submitted to the DCAD and
placed on the ballot. Each voting unit must now cast its votes by
written resolution and submit its votes to the Chief Appraiser by
November 15th. Council may cast all its votes for one candidate or
may distribute the votes among any number of candidates.
Candidates nominated by taxing jurisdictions are:
John Beck Richard Cook Clarence Myers
William Bolin Mary Horn Vern Roberts
Horace Brock Elbert Hughes Richard Smith
Tracy Clinton Thomas Miles Gaylord Thornton
PROGRAMS, DR AATMENT9 OR GROUPS ArFECTrn: N/A
FISCAL IMPACT: There is no cost to the City.
Respec ully submitted:
2404:h).
Lloyd Q. Harrell
City Manager
Preps Id bye
Ann Forsythe
Executive secretary
Approved by:
n F. Rcarane
ecutive Director of Finance
AFF0013C
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DENTON CENTRAL APPRAISAL DISTRICT AggnONO
3911 MORSE STREET
PO BOX 2616
TON. TEXAS 7620246th
617.5660904 O
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TOr All Taxing Jurisdictions
FROMs Joe Rogers
DATEr October 22, 1993
SUBJECTr Candidates to Board of Directors - Denton Central
Appraisal District
Candidates to the Denton Central Appraisal District Board of
Directors are listed below alphabetically by each candidates last
name.
Earh voting unit must cast its vote by written resolution and submit
it to the Chief Appraiser by Ngyember 15th., The unit may cast all
its votes for one candidate or may distribute the votes among any
number of candidates,
Some voting units may have enough votes to select several directors
to the Board. To share representation on the Board, several units
may wish to vote for the same candidate. The five nominees receiving
the most votes will become Board members.
A voting unit must cast its votes for a person nominated and named on
the ballot. There is no provision for write-in candidates. The
Chief Appraiser may not count votes cast for someone not listed on
the official ballot.
Candidates nominated by taxing Jurisdictions.
1. Eack, Jon i. Hughes, Elbert
2. Bolin, William S. Miles, Thomas (Chris)
3. Brock, Horace 9. Myers, Clarence
4. Clinton, Tracy 10. Roberts, Vern
5. Cook, Richard ll. Smith, Richard
6. Horn, Mary 12. Thornton, Gaylord
i
Joe Rogers
` Chief Appraiser
3
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Agen1at4o.
CfTY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKfNNEY / DENTON, TEXAS 76201
MENGRANDUK
DATE: September 30, 1993
TO: Lloyd V. Harrell, City Manager
1I
FROM: John F. McGrane, Executive Director of Finance,
SUBJECT: NOMINATION FOR THr BOARD OF DIRECTORS OF THE DENTON
CENTRD.L APPRAISAL DISTRICT
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 51000 and each jurisdiction ',is 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.
JPNcoIaf
Attachments
Arroo7tc
$171566.9200 DIFW METRO 4342529
DENTON CENTRAL APPRAISAL DISTRICT
3911 MORSE STREET ---7
P.O. BOX 2816 Of^'i:Ji~ ~J
DENTON,TEXAS 162022816
7EU
T0i All Taxing Jurisdictions
FROM1 Joe Rogers
SUBJECTI Appointing Board of Dirctors
DATES 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(e), 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
process 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,
Alpha No _
Letter-Board of Directors Page 2
r
Authoritative Guidelines - The selection proces set forth in
Section 6,03 of the Property Tax Code. This process is not an
"election" governed by the Texas Election Code but an independent
procedure unique to the property tax system.
Eligibility - An appraisal district director must reside in the
appraisal district for at least two years immediately preceding the
date he or she takes office. Most residents are eligible to serve as
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 or. the holder) does
not prohibit the same person from holding both offices. All five
board members may be elected officials of taxing Jurisdictions.
An employee of a taxing unit served by the appraisal district is not
eligible to serve as a director. However, if the employee is an
elected official, he or she 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
that
a person may not serve ae 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,
real estate, or taxation, Historical involvement in local govern-
ment activities also indicates that someone should make an excellent
Board member.
Frequency 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 not be affected by this procedure. Other taxing
units, including Junior colleges, hospital districts, and other
special districts may not vote for directors,
fi
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Letter - Board of Directors ~3,rJ Page 3
ApC^.'tero
SELECTION PROCESS
Now let's look at the actual process of "electing" Board members.
The objective is to distribute 5,000 votes to the taxing Jurisdic-
tions eligible to vote for board members. The process will culmi-
nate with five individuals receiving a sufficient number of the
votes to become a board member.
Step 01
The number of votes allocated to a Jurisdiction is based on the ratio
of its prior year tax levy to the total prior year tax levies of all
voting units. This is the amount of taxes levied, not the amount
collected.
By September 29, the chief appraiser must calculate the number of
votes for each voting unit. To determine the votes, r follow the
following Code mandated procedure.
1. The amount of prior year property taxes imposed by each unit
is divided by the total amount of prior year property taxes
imposed by all voting Jurisdictions,
2. I then multiply the quotient in No.l by 1,000 and round to the
nearest whole number.
3. Then 7 multiply the whole number of No.2 by the number of s?at
on the appraisal district board that will be filled, The
resulting number is the number of votes that each unit has.
A more simplistic, formula looks like thist
(YOUR LEVY/TOTAL LEVIES) X 5,000 - YOUR TOTAL VOTES
1 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 'k2
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 9o
that the~chlef appraiser can notify the winners.
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Letter - Board of Directors
Remember, Step $2 is the nomination process, The ut itizarlnn Y16
votes is not relevant at this point. f Please note, the chief appraiser has neither the authority, nor the
duty, to Investigate, or {edge, the qualifications of the nominees.
Also, I do not have the authority to accept nominees names after
nctober 15th.
Step 43
Before October 30th, the chief appraiser must prepare a ballot
listing the nominees alphabetically by each candidate's last name.
I am required to deliver a copy of this t,allor. to the presiding
officer of the governing body of each voting unit.
Step M4
Bach voting unit must cast its vote by written resolution and aur,mlr
it to the chief appraiser by November 15th. The unit may cast all
its votes for one candidate or may distribute the votes among any
number 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 arid 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 em required to resolve It
through any method of chance. MAttcda of chance include fltrpirg A
drawing straws, drawing a black bean, drawing names fre,m i h,,r
»nd ao forth. I then must notify all taxing nn?ts rvnt,,n,j r,":M
nonvot1ng1 And all the CAndtdAtey r,wlr.nPri And lnsers! of rhs
rnrtcnme of the election prof-es9,
Hop?fully, the iurisdfctions that we serve will find the informatt-r
provided Ahove helpful and informative. Please be AwarA that by
providing your jurisdiction with the number of votes, which 1.4 giv?n
At the beginning of this letter, step $I Is complete. The Jnri.sdic-
tions now have until October 15th to send me the names of their
nominees for the DCAD Board.
Stnr,erely,
1 % b
' Ioe R sgers
r'tAiPf. A~prAiser
Lett0rNboarddIr.wPF
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DENTON CENTRAL APPRAISAL DISTRICT
0911 MORSE STREET Agenda~J~
P.O. BOX 2910 LU 3
A.0ENTON, TEXAS T6202-2916 AgS;iii3ii$I11
917. TEXAS 704
NOMINEE FORM
Please return this nominee form to the Appraisal District office
Board of or more
before o to r the 151 De1993, Your nton Central lJ Appraisal n Dimay strict nominate
Directors nominee list.
Please include the address and phone number of your nominees.
NAME OF JURISDICTION
NAME OF NOMINEE(sh
NAME NAME
ADDRESS ADDRESS
CITY 22P CITY ZIP
PHONE NUMBER PHONE NUMBER
NAME NAME _
ADDRESS ADDRESS
ZIP CITY ~_21P
CITY
PHONE NUMBER PHONE NUMBER
NAME NAME
ADDRESS ADDRESS
CITY 2IP
CITY- 2lP_,_.^
PHONE NUMBER PHONE NUMBER
Forms\Bdnomine.wpf
Ap~~er,daNo
budget/ss/board DENTON CENTRAL APPRAIaVQ TRICT ~3
OR E a -99
1993 BUDGET ALLOCATIO~ga
Tll/ D
1992 PERCENT NUMBER
ORIGINAL OF OF
JURISDICTIONS TAX LEVY VOTES VOTES
SCHOOL DISTRICTS
ARGYLE ISO 91,027,272.93 0.8971 45
AUBREY ISO 303,771.27 0.2651 13
DENTON ISO 13,980,820.55 12.2021 610
KRUM ISO 312,126.74 0.2721 14
LAKE DALLAS ISO 1,696,694.59 1.4811 74
LEWISVILLE ISO 22,192,210.06 19.3681 968
LITTLE ELM ISO 501,112.38 0.4371 22
NORTHWEST ISO 31826,221.14 3.339• 167
PILOT POINT ISO 566,817.06 0.4951 25
PONDER ISO 216,565.10 0.1891 9
SANGER ISO 683,047.25 0.5961 30
SCHOOL DISTS TOTALS 945,306,659.07 39.5421 1,977
w----w---r-rr--------rr-rr----rr----------rr-
DENTON COUNTYs
DENTON COUNTY TOTALS 429,411,443.82 25.6696 1,283
■------r--r--rr-------w-----r--rr-r-r-r-rrwr-
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4gend?,NO.
Are d.) Item_,,.~lj
CITIES
CITY OF ARGYLE $229,001.20 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 0.055% 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% 101
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 CRK 6,719.57 0.006% 1
CITY OF NORTHLAKE 52,038.54 0.045% 2
CITY OF OAK POINT 72,511.35 0.063% 3
CITY OF PILOT POINT 431,026.04 0.376% 19
CITY OF PONDER 16,188.33 0.014% 1
CITY OF ROANOKE 352,737.93 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 439,861,798.48 34.790% 10739
■rrrrrrrrrrrrrrrrrrraarrrrararrrrrrarrarrf rrr
■rrrrrrrrrarrarrrrrrrararrrarrrrrirararrrrrrrrr
FINAL TOTALS 6114,579,401.37 100.00@% 5,@00
rrrrrrrrrrrrrrrrrrarrararrrrarrrrrarrrrrrrarrr
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agenda No 3_ / Z _
agendaltetr~~l5
NO
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCE OF THE
CITY OF DENTON RELATING TO "ADMINISTRATION" BY REVISING ARTICLE III
ENTITLED BOARDS, COMMISSIONS AND COMMITTEES BY AMENDING SECTION 2-
65 ENTITLED "TERM OF OFFICE"f AND PROVIDING FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION t That the Administration Chapter of the Code of
Ordinances of the City of Denton is hereby amended by revising
Article III thereof by amending section 2-65 so that hereafter it
shall be and read as follows:
8*o. 2-65. Term of Office.
No board or commission member shall be eligible for
appointment to a Board of commission for more than three
(3) consecutive terms on such board or commission, A board
or commission member who has served three (3) consecu
terms shall no
t be Live
board or commission forga period of appointment to
iatelyUCupanLU-L That this ordinance shall become effective immed-its passage and approval.
PASSED AND APPROVED this the day of
1993.
BO8 CASTLEBERRY~ MAYOR
ATTBSTt
JENNIFER WALTERSO CITY SECRETARY
BYt _
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCH, CITY ATTORNEY
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November 2, 1993
CITY COUNCIL AGENDA ITEM ACKWO (2J-0IL -
TO: Mayor and Members of the City Council APWW
FROM: Lloyd V. Harrell, City Manager Wo~ /Ye m
SUBJECT: RECEIVE A REPORT AND CONSIDER PROVIDING DIRECTION TO THE CITY
STAFF RELATIVE TO THE DEVELOPMENT OF THE SOLID WASTE MASTER
PLAN
RECOMMENDATION:
The Public Utilities Board has recommended that the master Plan
work be conducted by staff with the assistance of an advisory
committee and contracted consulting services as needed.
SUMMARY/BACKGROUND:
See attached report.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Denton Citizens, Solid Waste Division, Committee Participants
FISCAL IMPACT:
Estimated $50,000
Respectf y submitted,
Lloyd Harrell
City Manager
Prepared by:
4r~~L
Bill Angelo
Director of Community Services
Approved b
R. E. Nelson
Executive Director of Utilities
A11593C
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Q -Venda No
Agenda 1101 U its J
Me .2 - q3
CITY of DENTON, TEXAS MUNICIPAL BUILDING / 215 E. McKINNEY / OENTON, TEXAS 76201
M E M O R A N D U M
TO: R. E Nelson, Executive Director of Utilities
FROM: Bill Angelo, Director of community Services
DATE: October 27, 1993
SUBJECT: SOLID WASTE MASTER PLAN
In 1987-88, a twelve member panel known as the Solid waste
Adv,niy Committee investigated and evaluated various aspects of
the City's solid waste operations as directed by the city Council.
After a year of extensive study, the committee presented its
recommendations to the City Council. The recommendations included:
1. That the City of Denton continue as the sole provider of
residential collection service;
2. That the City of Denton become the exclusive provider of
commercial and industrial solid waste collection services
within the City;
3. That the City continue to operate a solid waste disposal
facility;
4. That the City should encourage and sustain primary
recycling programs; and,
5. That the City immediately pursue the acquisition of
property for a new (or expanded) landfill.
During its investigation, the Committee examined the potential
of the alternate disposal method of incineration through a RDF
facility. The Committee findings, based in part on a study
conducted by Black & Veatch, were such that an approach was not
economically feasible at the time and should be reexamined in
another five to seven years.
A11493C/l
8171566.8200 0/FW METRO 434.2529
.
R. E. NelSon/SOLID WASTE MASTER PLAN ~~.^~a',3F
October 27, 1993
Page 2
While the committee spent considerable effort in the areas of
disposal and recycling, their recommendation relative to the City
becoming the sole provider of commercial collection service drew
the majority of the attention. In effect, the controversy
regarding sole provider status attracted so much attention that the
Committee's other recommendations seemed to get lost in the
shLffle.
During the next two to two and one-half years, the City
continued to struggle with the sole provider issue. While some new
programs were added or existing programs expanded during this time
frame, all issues dealing with landfill expansion and alternate
disposal methods were put on hold and the status quo was main-
tained. During the spring of 1991, the decision was finally made
relative to the City status as sole provider of commercial service.
Unfortunately, implementation of this decision was delayed until
may, 1992, due to litigation filed by Texas waste Management.
In October, 1991, an ad hoc group known as the Denton Area
Solid Waste Technical Committee (DASWTC) began a series of meetings
with the purpose of recommending a long-term approach to solid
waste disposal for the City and surrounding areas. Although the
Committee included twelve members from the area, six of the members
actively participated in the development of the recommendations.
This group received strong participation from the University of
North Texas, the City of Denton, and the Denton County Extension
Agency.
In July, 1992, the committee issued a report entitled,
"Assessment of Solid waste Management Alternatives for the Denton
Area." The DASWTC's overall recommendation was for the City to
develop integrated solid waste management capability which
incorporates waste minimization, landfill expansion, a municipal
composting facility and a materials recovery facility. The
committee also felt that the Denton program would form the nucleus
for an area wide solid waste management cooperative which would
address regional solid waste needs while reducing the overall costs
to participants. Specific recommendations from the Committee
included:
1. Immediate expansion of the current landfill.
2. Establishment of a municipal composting facility and the
banning of yard waste from the landfill.
3. Development of a materials recovery facility to recover
recyclables from the city's waste stream.
A11493C/2
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R. E. Nelson/SOLID WASTE MASTER PLAN
October 27, 1993
Page 3
< d w (o
4. Phased implementation of mandatory source separation of
both commercial and residential solid waste.
5. Establishment of volume based fees for residential and
commercial collections.
b. Expansion of waste minimization/reduction programs
including increased public education/awareness campaigns
and the use of Cable T.V. bulletin board waste exchange
program.
7. Establishment of programs aimed at collection and reuse
of household hazardous waste (HHW) and the development of
public education programs to inform citizens of methods
to reduce the types and amounts of HHW in the waste
stream.
The recommendations offered by the DASWTC provided the
foundation for the City's preliminary Solid waste Plan developed by
the Consulting Engineer, HDR. This preliminary plan was presented
to the City Council on June 8, 1993, and expanded on the issues
presented in the Technical Committee's Report. After the presenta-
tion by HDR and the City staff, the council authorized the
execution of a multi-phased contract with HDR for Phase II,
Subtitle D Permit Modifications, and Phase III, Landfill Design and
Permitting. Phase I of the contract, which involved the completion
of the Master Plan, was placed on hold pending the development and
agreement on a scope of services for the plan.
During the remainder of the summer, most of the staff's
efforts were directed toward the 93/94 budget recommendations,
completion of Subtitle D permit modifications prior to October 9,
1993, property acquisition for the landfill expansion, and
completion of the final landfill liners. Toward the completion of
permit modifications, staff turned attention back to the master
plan by developing a scope of services for the completion of the
plan. This scope of services along with a response and cost
estimate from HDR were presented to the Public Utility Board (PUB)
on October 18, 1993.
Upon reviewing the scope of services along with the comments
and costs estimates provided by HDR, the Board stated that they
felt that the work could be accomplished by staff assisted by a
staff-chaired advisory committee with only pieces of the work
performed by an outside consulting engineer. The Board also stated
that at least one PUB member should be appointed to work with the
A11493C/3
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Agenda No
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R. E. Nelson/SOLID WASTE MASTER PLAN
October 27, 1993
Page 4
Committee and that a core group from the Denton Area Solid Waste
Technical Committee should form the basis of the advisory group.
On October 25, 1993, the DASWTC met to discuss this issue. In
effect, the group supported the PUB recommendations; however, there
were some concerns raised by the Committee. while the group agreed
that a core group of the Committee should serve in the capacity
indicated by the Board, there was concern that the group needed
formal recognition from the Council and tasked with a specific
charge. Additionally, they felt that the Committee should be a
little more representative of the community but that new members
should have some knowledge of the solid waste industry in order to
avoid a long and drawn-out orientation and education phase for the
new members. In this regard, the Committee agreed that the most
expeditious approach would be to reinvolve a few members from the
Solid Waste Advisory Committee who have already been oriented in
the world of Solid Waste Management.
The Committee also felt that the new advisory group should
fulfill the local planning function addressed in subchapter 0 of
the Texas Municipal Soli6 Waste Regulations. Such an approach
would allow the city to meet future obligations relative to local
planning which may be imposed by the State in the near future.
Under Subchapter 0, the advisory committee must represent a board
range of interest including a representative of the department,
public officials, private operators, citizen groups, and interested
individuals.
As a final concern, the Committee requested that the City
provide a part-time intern position to assist the Committee in the
compilation of information and the preparation of necessary reports
and recommendations. While there are no funds in the 1993/94 Solid
Waste Budget for such purposes, the recently issued certificates of
obligations include $70,000 for the completion of the master plan
utilizing an outside consultant for the entire project. Under the
approach outlined by the PUB, only a portion of these funds would
be used for outside consulting services, freeing-up a significant
amount of money for other purposes. We are estimating that the
intern position would cost no more than $10,000 and that outside
consulting services should not exceed $40,000.
I have included with this report several documents related to this
approach which include a Roster of Membership for the Denton Area
Solid Waste Technical Committee which denotes core membership; a
Roster of Membership for the Solid Waste Advisory Committee,
including the segments of the community representedt and„a copy of
the Subchapter 0 planning guidelines. Should the Council desire to
A11493C/4
i
AG m
R. E. Nelson/SOLID WASTE MASTER PLAN Aa ?u3ii@fT1 _ l~S~
October 27, 1993
Page 5
pursue this approach, it would be prudent for them to direct the
staff to prepare a resolution establishing the Committee. If so
desired, staff could also provide the council with suggestions for
appointments to the Committee. I would also point out that a
couple of the core members of the DASWTC are not residents of the
City but would prove to be valuable assets to the work effort. in
this regard, the Council may wish to forego any residency require-
ment for participation on the Committee.
Should you require any additional information, please let me know.
Respectfully submitted,
Bill Angelo
Attachments
A11493C/5
,
Agavnd,i No
PROPOSED WORT( PLAN
SOLID WASTE MASTER PLANNING PROCES49'1'.'''
1. DEVELOP COMMITTEE MISSION STATEMENT
A. Integrated Solid Waste Management v
B. Minimize Waste Generated
C. Maximize Reuse and Recycling
D. Accelerated Biodegradation
E. Economic and Social Implications
II. ESTABLISH GOALS AND OBJECTIVES
A. Waste Diversion Rates/Timr Frames
B. Public Participation
C. Cooperative Projects with Universities
D. Economic Development
E. Phased Implementation
F. Existing Programs - Evaluation, Enhancements,
Alterations
G. Future Use of Landfill Site
H. Relation to Vision Denton
III. ALTERNATE DISPOSAL AND DIVERSION ALTERNATIVES
A. Source Reduction
1. Public Education
2. School Programs
3. Commercial Sector information
4. Waste Audits for Businesses
5. Economic Incentives/disincentives
6. Yard Waste Disposal Management
7. Household Hazardous Waste Disposal Management
B. Recycling
1. Public Information
2. Material Collection Systems
(a) Drop-off Centers
(b) Buy-back Centers
(c) Curbside Collection
(d) Commercial Collection of Dedicated Loads
(e) Commingled Collection of Residential Waste
(f) Commingled Collection of Commercial Waste
(g) Separate Yard Waste Collection
A1693C/l
3. Material Processing ppnnr~ GlJ 5-` _
(a) Intermediate Processing "C°e'~2tTf
(b) Materials Recovery FaciL'lty_JKM
4. Intermediate Processing Center (IPC)
5. In-house Recycling
C. Composting
1. Backyard Composting
2. Yard Waste Composting
3. Municipal Waste Composting
4. Sludge/Yard Waste Composting
D. Waste to Energy
1. Mass Burn
2. Refuse Derived Fuel
E. Landfill operations
1. Public Information
2. Short Term Programs (Subtitle D Modifications)
3. Long-term Program (Site Expansion)
IV. IMPACT ANALYSIS
A. Identify and Describe Alternates
B. Project Costs on Alternatives
C. Project Impact on Waste Stream of Alternatives
D. Describe Implementation Issues Related to Alternatives
E. Evaluate Long-term Impact on Local Economy
F. Evaluate Impact on Environment
G. Evaluate Social Implications
H. Project Cash Flow Requirements and Impact on Rates and
Long-term Effects of Cost Avoidance
V. PRIORITIZE PROGRAMS
A. Based on Impact Analysis, Prioritize Based on Most
Urgent Community Needs
VI. RECOMMENDATIONS
A. Develop Conclusions and Recommendations
B. Include Optimum Combination of Programs
C. Develop Recommended Timetable, Budgetary Costs, Impact
on Rates, and Impact on Waste Structure
A1693C/2
9
A~.^~d~t81T
VII. IMPLEMENTATION PHASING PLAN
A. Implementation Plan 9
1. Interim Steps to Full Implementation
2. Minimizes Cost Impact
3. Minimizes Potential Risks
4. Cost Benefit
5. Environmental Impact
6. Net Positive Impact on the Community
VIII. PLAN PRESENTATION/REVISIONS
A. Public Utilities Board
B. City Council
C. Prepare Public Presentation Materials
D. Town Forum
E. Civic and Other Community Groups
IX. PUBLIC PARTICIPATION
A. Town Forum Prior to Goal Setting
B. Public Hearing Prior to Prioritizing Programs
C. Public Presentation/Hearing on Recommendations
D. Town Forum and Other Presentations after Approval by
Council
A1643C/3
i
.
SOLID WASTE ADVISORY COMMITTEE ° D
1. Mr. Ivan Glasscock Planning i Zoning Commission
2016 Hollyhill
Denton, TX 76205
2. Mr. Todd Kerr Small Business
% State Club Bar 6 Grill
107 Avenue A
Denton, TX 76201
3. Mr. Matt Gohlke Small Business
Post Office Box 31
Denton, TX 76202
4. Mr. Richard Edyvean Resident
1000 W. Hickory
Denton, TX 76201
5. Mr. Ralph Morrison Resident (Deceased)
716 Northridge
Denton, TX 76201
6. Mr. George Gilkeson (Chairman) Chamber of Commerce
2304 Royal Acres
Denton, TX 76201
7. Mr. Jim Stone Resident/Small Business
1908 Hollyhill
Denton, TX 76205
8. Mr. Al Stenzel Large Business (Psterbilt)
1401 Oxford Lane
Denton, TX 76201
9. Mr. Ray Stephens City Council
619 Rldgecrest
Denton, TX 76205
10. Mr. Larry Luce Univorsity of North Texas
2200 Pembrooke
Denton, TX 76205
11. Ms. Linda Kobler League of Women Voters
1100 Manhattan
Denton, TX 76201
12. Ms. Elizabeth Sisco Allen, President Not Active
League of Women Voters
901 South Berry Trail
Copper Canyon, TX 75067
13. Mr. Roland Laney Public Utilities Board
2508 Robinwood
Denton, TX 76201
1
NeaOaNo =SS.i.
C
R ul,,:i£m L<J 5
DENTON AREA SOLID WASTE
ADVISORY COMMITTEE
PARTICIPANTS
1. Ken Dickson, Director Core Member
Institute of Sciences
University of North Texas
P. 0. Box 13078
Denton, Texas 76203
565.2694
2. Tom Waller Core Member
Institute of Applied Sciences
University of North Texas
P. 0. Box 13078
Denton, Texas
565.2694
3. Joyce A Poole Core Member
3021 N. Bonnie Brae
Denton, Texas 76201
382.9662
4. Bill Angelo Core Member
Director of Community Services
City of Denton
Denton, Texts 76201
566.8420
5. Dale Branum Core Member
TLC Landscaping
2601 Ft. Worth Drive
Denton, Texas 76205
566.2458
6. John Cooper Core Member
Denton County Extension
Horticulturist
101 E. Mcinney St, Ste. 208
Denton, Texas 76201
566-3607
7. Jim Coulter
City of Denton
1100 Mayhill Road
Denton, Texas 76201
383.7527
8. Harry Meeuwsen
Department of Kinesiology
Texas Woman's University
P. 0. Box 23717
Denton, Texas 76204
898.2589 (work) 565.1138 (home)
ggeo~aNa Q.~
9. Lanse Fullinwider q~ L M
Plant Operations Manager
Physical Plant6
University of North Texas
Denton, Texas 76203
565.2751
10. Martin Slemmons
Grounds Maintenance
Supervisor
Texas Woman's University
Denton, Texas 76204
898.3139
11. Gary Mokry
Andrew Corporation
2701 Mayhill Road
Denton, Texas 76201
381.8129
3a1.8107 FAX
12. James Smajstrla
Trinity Composting
412 Windwood
Lewisville, Texas 75067
214/315-2478
I
Page 01 Section 325.561
SUBCHAPTER O. Guidelines for Regional and Coca;~ pr
Solid Waste Management Plana. '1 3
~n //Toc - 9-J I.
( 325.561 Purpose and Scope.
(a) Purpose, The sections in this subchapter are intended to guide in the development and imple•
mentation of regional and local solid waste management plans. They specify the required and recom-
mended content of regional and local solid wrote management plans, provide for coordination with
other programs and public participation, establish criteria for regional and local plan submission and
approval, and set out criteria for financial assistance to regional and local govemments for the devel-
opment of regional and local solid waste management plans.
(b) Scope.
(1) Planning process. A regional or local solid waste management plan shall be the result of a
planning process related to proper management of solid waste In the planning area under consideration.
The process shall include identification of problems and collection and evaluation of data necessary to
provide a written public statement of goals and objectives and the actions recommerndAd to accomplish
those goals and objectives.
(2) Geographic area. A regional solid waste management plan shall consider the entire area
within an identified planning region and it shall provide an overview of the solid waste management
situation throughput the region. A local solid waste management plan shall consider all of the area
within the jurisdiction of one or more local governments, but it shall not Include an entire planning
region. It shall be more specific than a regional plan in addressing solid waste management problems
and In providing for impterr%entatlon.
(3) Management activities. The regional plan shall provide an overview of solid waste man.
agement activities, including Institutional arrangements and options for private sector involvement,
with partic%dar emphasis on identifying priorities and factors which need more detailed consideration
at the local level, The local plan should address local activities, Including contractual agreements, in a
manner that Is specific enough to provide for implementation of suggested courses of action. Aspects of
solid waste nunagement listed in subparagraphs (A)-(J) of this paragraph shall be considered, as
appropriate.
(A) collection;
(8) transportation;
(C) storage;
(D) transfer;
(E) resource conservation and recovery!
(i) minimization of waste production;
(ii) reuse and recycling;
(iii) source separation;
(iv) volume reduction;
(v) incineration;
Section 323.561 Page 02
(vi) gasification; and
(vii) methane recovery; per
f l1 zv
M processing; C.'.a __Ll.: aLX2 Z la
(G) treatment
(H) disposal;
(1) management and institutional arrangements, including public and private sector tnvol-
vement;
Q) costs and financing.
(d) Waste types.
(A) The regional or local plan shall address all solid wastes in the particular region or
local area to the extent the wastes impact upon municipal operations, systems, or facilities. Particular
emphasis shall be placed on waste that possesses the potential for adverse effects to health or the
environment or which provides the opporhadty for resource conservation or recovery.
(8) The regional or local plan shall consider, where appropriate, the types of solid waste
listed in clauses U) - (iv) of this subparagraph:
0) hazardous waste;
(8) residential, commercial, institutional, and recreational waste;
Oil) waste from mliitary reservations and Installations;
(iv) municipal sludge.
(1) wastewater treatment plant sludge;
(11) water supply treatment plant sludge;
(111) septage and other vacuum truck waste; and
(M grease and grit trap wastes,
(C) The regional or Iota[ plan should address, where applicable, wastes which may be
governed by separate rules under the jurisdiction of other departments. Addressing these wastes is can.
sidered applicable where they impact upon municipal waste operations, systems, or facilities. The
wastes which may need to be addressed are:
U) industrial wastes;
(it) mining wastes; and
(ti() agricultural wastes.
(5) Management methods.
(A) in rogtonal and local plans, preference shall be given to the maximum extent eco•
nomically and technologically feasible to the management methods for solid waste (except sludge)
Page 03 Section 325.S61
described in clauses (i)-(iv) of this subparagraph. The management methods are lasted in descending
order, from most preferred to least preferred, +40CM1Lf;MB._ _..2,
(i) minimization of waste production;
(it) reuse or recycling of waste;
(iii) treatment to destroy or reprocess the waste for the purpose of recovering energy or
other beneficial resources in a manner that will not threaten public health, safety or the environment;
or
(iv) land disposal.
(B) In regional and local plans, preference shall be given to the maximum extent economi-
cally and technologically feasible to the management methods for municipal sludge, as described in
clauses (1) - (vi) of this subparagraph. The management methods are listed In descending order, from
most preferred to least preferred.
(t) minimization of sludge production and concentrations of heavy metals and other tox-
ins in the sludge;
(ii) treatment of sludge to reduce pathogens and recover energy, produce beneficial by
products, or reduce the quantity of the sludge;
(iii) marketing and distribution of sludge and sludge products, if the marketing and dis-
tribution does not threaten public health, safety or the environment;
(iv) land application for beneficial use,
(v) land treatment; or
NO landfilling.
1315.562 Definitions of Terms and Abbreviations. The following words and lemv, when used in this sub-
chapter, shall have the following meanings, unless the context clearly indicates otherwise.
Advisory Council • The Municipal Solid Waste Management and Resource Recovery Advisory Council.
Board - The Texas Board of Health.
City • An incorporated city or town in the slate.
Governing Body • The city council, commissloners' court, board of directors, trustees, or similar body
charged by law with governing a public agency,
Implementation - Putting the plan into practice by carrying out planned activities, including a mph-
ante and enforcement activities, or ensuring such activities are carried out.
Inactive Facitily - A facility which no longer receives solid waste.
Local Government - A county, city, or political subdivision of the state exercising authority granted
under of the Solid Waste Disposal Act, Texas Civil Statutes, Article 4477.7, 16.
Planning • Includes collecting information, identifying prot,lenv, defining goals and objectives, analyz-
ing alternatives, and deterrruning necessary activities and courses of action needed to achieve identr
lied goals and objectives.
Section 323,362
Page 04
r,,) _
, C!l_15
Planning Fund - The municipal solid waste management plane ' fund a -tot in [[~~a~tate Treasury by
the Comprehensive Municipal Solid Waste Management, Resource Re6v i6tt'C'URMervation Act,
Texas Civil Statutes, Article 4477.7c.
Planning Period - The period of time within wtdch an adopted solid waste management plan is
designed to remain effective.
Planning Region - A region of the state identified by the governor as an appropriate region for munici-
pal solid waste planning.
Private Operator - A person, other than a government or governmental subdivision or agency, engaged in
some aspect of operating a solid waste management system. The term includes any entity other than a
government or governmental subdivision or agency, owned and operated by Investment of private
capital.
Property - Land, structures, interests in land, air rights, water rights, and rights that accompany inter-
ests in land, structures, water rights, and air rights and Includes easements, rights-of-way, uses, leases,
incorporeal hereditamenis, legal and equitable estates, interest, or rights such as terms for years and
liens.
Provide For - Explain, establish, or set forth steps or courses of actions.
Public Agency - A city, county, district, or authority created and operating under the Texas Constitution,
Article lit 152(5)(1) or (2), or Article XV1, 159, or a combination of two or more of these governmental
entities acting under an interlocal agreement and having the authority under the Comprehensive
Municipal Solid Waste Management, Resource Recovery, and Conservation Act, Texas Civil Statutes,
Article 4477.7c, or other laws to own and operate a solid waste management system
final or Local Solid Waite Management Plan - A plan adopted by a planning region or local gov-
.,.,ment under authority of the Municipal Solid Waste Management, Resource Recovery, and Conserva•
lion Act, Texas Civil Statutes, Article 4477.7c, 17.
Resolution - A resolution, order, ordinance, or other action of a governing body.
Solid Waste Management - The systematic control of any or an of the following activities:
(A) generation;
(B) source separation;
(C) collection;
ID) handling;
(E) storage;
(F) transportation;
(G) processing;
(H) treatment;
(1) resource recovery; or
(1) disposal of solid waste.
Page 05
Section 325.562
Solid Waste Management System - Any plant, composti y3
transfer
transfer station, or other works and equipment acquired ~iialj ~~~~l nttary landfill,
lecting handling, storm~Q o~he purpose of col-
& processing, recovering material ~e eh04 , onisi of solid waste and in-
cludes sites for these works and equipment. 11
Solid Waste Resource Recovery System - Any real property, buildings, structures, plants, works, facili-
ties, equipment, pipelines, machinery, vehicles, vessels, rolling stock, licenses, or franchises used or
useful in connection with the processing of solid waste to extract, recover, reclaim, salvage, reduce, con-
centrate, or convert to energy or useful matter or resources, whatever their forrt% including electricity,
steam or other forme of energy, and rnetal, fertilizer, glass, or other forms of material and resources,
from such solid waste, and includes any real property, buildings, structures, plants, works, facilities,
pipelines, machinery, vehicles, vessels, roiling stock, licenses, or franchises used or useful in:
(A) the transportation, receipt, storage, transfer, and handling of solid waste;
(B) the preparation, separation, or processing of solid waste for reuse;
(C) the handling and transportation of recovered matter, resources, or energy, and
(D) the handling, transportation, and disposal of any nonrecoverable solid waste residue.
State SoUd Waste Management Plan - The
Soild Waste Manager ~r w n ter Tex
Teehnlcal Assiatance Fund - The municipal solid waste resource recovery applied research and techni-
cal assistance fund created in the state treasury by the Comprehensive Munidpal Solid Waste Man-
agement. Resource Recovery, and Conservation Act, Texas Civil Statutes, Article 4471•7c.
Variance • The granting of relief from the terms or conditions of a plan by the commissioner.
131&563 Regional and Local Plan Requirements.
(a) Regional plans. A regional plan Identifies the problerru, goals, objectives, and recommended
actions for solid waste management over a long-range period for the entire planning region.
planning region designated by the governor i The regional pana shall use the four type shall be the entire
listed in subparagraphs (A) - (D) of this paragraph as appropriate for the Informapt on presented uItt is
not anticipated that the regional pan will present site-specific information.
(A) Small geographic areas such as census tracts or city boundaries for the most detailed
data collection and manipulation.
(B) planning areas to be used for the assessment of problems and the evaluation of alterna•
lives. These planning areas shall be aggregations of small geographic areas.
(C) County boundaries for the summarization and presentation of key information
iD) The entire planning region.
(2) planning periods. The regional planning process shall address solid waste management over
a long-range period, Long-range is considered to be a period of at least 15 years, The maximum planning
period addressed by the plan shall be stated on the plan cover and title page and aI other appropriate
locations within the body of the plan. The regional plan shall use the four planning periods listed in
subparagraphs (A)-(D) of this paragraph as appropriate for the Information presented,
(A) Current and historical Information;
Section 313.563 A(n.i,tJb ~~.9 GYM
Page 06
(B) Short-range planning period, one to fi e,years, th information presented by
year; /
ICI Intermediate planning period, six to 10 years, with information in less detail;-
detail (D) Long-range planning period, 11 to 15 years or longer, with information in the least
.
(3) Plan content. A regional plan shall be the result of a planning process related to the proper
management of solid waste in the pla,-ming region. The process shall include identification of problems
and collection and evaluation of the data necessary to provide a written public statement of goals and
objectives and actions recommended to accomplish those goals and objectives. The regional plan shall
include:
(A) population patterns, commercial and Industrial data, and other demographic informa-
tion necessary to estimate solid waste quantities and characteristics;
(B) estimates of current and future solid waste amounts by type;
(C) current and planned solid waste management activities in the region and an assessment
of the adequacy of existing resource recovery, storage, transportation, treatment, and disposal facilities
and practices;
(D) assessment of current efforts to minimize production of municipal solid waste, including
sludge, and efforts to reuse or recycle waste;
(E) identification of additional opportunities for waste minimization and reuse or recycling
of waste;
(F) recommendations for encouraging and achieving a greater degree of waste minimization
and reuse or recycling of waste;
(0) Identification of public and private management agencies and responsibilities;
(N) identification of solld waste management problems and establishment of priorities for
addressing those problems;
(1) planning areas and agencies with common solid waste management problems which
could be addressed through joint action;
Q) incentives and barriers for waste reduction and resource recovery, including identdica-
lion of potential markets;
SKI regional goals and objectives;
(L) advantages and disadvantages of alternative actions; and
(M) the recommended plan of action and associated timetable, including the need for new or
expanded facilities and practices.
(4) Special considerations or restrictions. The regional plan shall not prohibit, in fact or by
effect, importation or exportation of waste from one political jurisdiction into another.
(b) Local plans. A local plan addresses specific short- or long-range problems and actions related to
solid waste management within the jurisdiction of one or more local governments and may be developed
regardless of whether a regional plan has boen developed which will affect the local planning area,
Ile
Page 07 Section 323.363
(t) Geographic scope, The geographic scope of the local planning rocess shall be the jurisdic-
tion of one or more local governments with common problems or needs, but shall not include the entire
planning region. The local plan shall use the three types of planning units listed in subparagraphs (A)-
Q in this paragraph as appropriate for the information presented. In certain caws the local plan may
present site-specific information.
(A) Small geographic areas such as census tracts or city boundaries for the most detailed
data collection and manipulation. These small areas should be the same as those used in the regional
plan.
(B) planning areas to be used for the assessment of problems and the evaluation of altema-
lives. These planning areas should be aggregations of the small geographic areas.
(C) The entire area encompassed by the local plan.
(2) Planning periods. The local planning process shall address specific short- or long-range
problems and actions in solid waste management. The maximum planning period addressed by the plan
shall be stated on the plan cover and tille page and at other appropriate locations within the body of
the plan. The local plan should use the planning periods listed In subparagraphs (A)-(D) of this para-
graph as appropriate for the information presented.
(A1 Current and historical information;
(B) Short-range planning period, one to five years, with specific Information presented by
year;
(C) intermediate planning period, six to 10 years, with information In less detail;
(D) Long-range planning period, 11 to 15 years or longer.
(3) Plan content. A local plan shall be the result of a planning process that is related to the
proper management of solid waste in the local planning area. The process shall include identification
of problems and collection and evaluation of the data necessary to provide a written public statement of
goals and objectives and the actions recommended to accomplish those goals and objectives. As appbca-
ble, the local plan shall Include:
(A) population and commercial and Industrial data from the regional planning process,
supplemented with other local demographic information as necessary;
(B) composition, characteristics, and amounts of waste, by type, which affect the local
planning area;
(C) identification of the short. and long-range solid waste management problems within
the local planning area;
ID) assessment of current efforts to minimize production of municipal solid waste. including
sludge, and efforts to reuse or recycle waste;
(E) identification of additional opportunities for waste minimization and reuse or recycling
of waste;
(F) recommendations for encouraging and achieving a greater degree of waste trunimization
and reuse or recycling of waste;
(G) local goals and objectives associated with management problems;
I
}
Section 325,563 Page o8
and objectives. IHI advantages and disadvantages of alternative act ions; and
(1) the recommended plan of action and associated timetable for (c~cOmplishin the
B goals
(4) Special considerations or restrictions. The local plan shall not prohibit, in fact or by effect,
importation or exportation of waste from one political k4risdlction to another,
1323-564 Coordination with Other programs.
(a) All solid waste plans shalt be consistent with provisions established by federal, state, and
local programs that affect solid waste management and shall consider programs and requirements from
(1) Federal jurisdiction-U.S. Environmental Protection Agency;
(2) State jurisdiction:
(A) Texas Department of Health;
(B) Texas Water Commission;
(C) Railroad CommLssion of Texas;
(D) Texas Air Control Board; and
(E) Other stale agenci,
(3) Substate jurisdiction:
(A) regional planning agencies;
(B) spevial districts or authorities;
(C) counties; and
(D) cities. sofi alm of)avo;idf gddupli action of efforttanplans d gaps In shall pconsider rogram coverage rogrumAnd responsibilities with the
1323.565 Public Participation Requirements for Solid Waste Plans.
(a) Advucry committee. An advisory committee shall be convened tc• provide input, review, and
comment during development of regional and local plans. Committee members shall be appointed who
represent a broad range of Interests, Including a representative of the department, public of icWs, pri-
vate operators, cihzen groups, and Interested Individuals
(b) Governmental review, Local governments affected by regional plus shalt be given opportunities
for review and comment on relevant portions of the plan, Including adequate notice of public hearings
conducted on the plans. Local plans shall be submitted to appropriate regional plannng agencies for re-
view and comunent.
(c) Public hearing, A public hearing shall be held prior to adoption of a regional or local plan for
the purpose of receiving comment and testimony from interested patties,
Page 09
Section 325,565
(d) Notice and Availability. Planning reports and docu is h e made available to interested
persons at locations of convenience. Notice of availabiilt7f;cvt, TM%ts of public hearings and
meetings shall be advertised in newspapers of general circulation in the area affected by the plan.
Proper notice shall be provided a minimum of 15 days in advance of the hearing. The notice shall in-
cludemeeting time, location, and subjects to be discussed. 1 14-J 1
(e) Plan approval. Local and regional solid waste management plans shall a approved by the gov-
erning body of the responsible entity before being submitted to the department for approval.
1325.566 Procedures for Regional and Local Plan Submission and Approval.
(a) Prior to the submission of a plan, the plan shall be adopted by the regional planning agency or
local government(s) pursuant to applicable administrative procedures. Local governments shall coordi-
nate with the appropriate regional solid waste planning agency and ensure the plan is consistent with
any regional solid waste management plan in effect for the region eno)mpassing the jurisdiction of the
local government, if a regional plan has been approved by the department.
(b) Within 90 days after a regional or local plan has been submitted, the corruniss)oner will tenta-
tively determine if the plan conforms to this subchapter and the state solid waste management plan.
The commissioner will communicate this determination to the agency which submitted the plan. It the
plan is not in conformance, a notice of deficiencies will be provided to the planning agency within 30
days of the tentative disapproval. The commissioner has authority to disapprove any plan which has
deficiencies. Disapproved plans will not be considered by the board until the commissioner determires
that deficiencies have been corrected, unless the applicant submits a request for appeal to the board. In
order for a plan to be considered under such circumstances, the appeal must be In writing and must be
submitted to the commissioner within 30 days following the day the applicant receives notYication of
tentative plan disapproval by the commissioner.
(c) If the commissioner tentatively determines a regional or local plan meets the requirements of
this subchapter, is in conformance with the state solid waste management plan, and should be
approved, the commissioner will submit the plan to the board, which, if it concurs with the comrds-
stoner's approval, shall approve a plan by adopting a rule in accordance with the Administrative Pro-
cedure and Texas Register Act, Texas Civil Statutes, Article 6252.13a. Board action or the plan will
normally occur within 60 days of the tentative decision by the commissioner to approve the plan, but
the approval will not be effective until the plan has completed the rule-making process specified by
the Administrative Procedure and Texas Register Act, I.e., publication of the proposed action in the
Texas Reelster, a 30-dty public comment period, and publication of the final rule action in the Texas
Rem, If approved, the commissioner will notify the planning agency of the board's approval. In the
event the plan Is not approved, the board will state the plan's deficiencies and the commissioner will
immediately notify the planning agency of the board's decision and the plan's deficiencies. The plan
may be resubmitted for approval if the conu ussioner detemunes that deficiencies have been corrected
(d) If a tegional or local solid waste management plan is adopted by rule of the board, public and
private solid waste management activities and slate regulatory activities shall conform to the
adopted regional or local solid waste management plan. The plan shall only remain in effect during the
planning period defined in the plan. When the effective date or planning period has passed or expired,
requirements or restrictions of the plan shall no longer be binding Under procedures and cnteria of sub-
sections (g) and (h) of this section, the cornrdssioner may grant a variance from an adopted regional or
local solid waste management plan.
(e) If a portion of a regional or local plan is delermined by the commissioner to no longer be in com-
pliance with the slate solid waste management plan or these sections, the commissioner may request
that the regional body or local government revise the plan. If such a revision is not submitted to the de-
partment within 180 days, the commissioner may ask the board to withdraw its approval of that por-
tion of the plan.
Section 325.566
Page 010
(1) A planning agency may submit revision) qr update ap~ap)?ri plan That reflect new infor-
mation or changed conditions. These revisions shall bewnst3err- 6y the same procedures as original
plan submission and approval.
(g) Upon application, the commissioner may grant a variance rom an adopted regional or local
solid waste management plan when:
ID application of the plan creates unnecessary hardship;
(2) equally safe, effective methods could be used;
(3) practical difficulties are encountered in meeting the requirements of a plan; or
(4) deviation or exception would not affect substantial compliance with the plan and not
threaten health or safety.
(h) If the commissioner intends to grant a variance from the requirements of a plan, the department
will offer the opportunity for a public hearing on the matter prior to the commissioner's final decision.
The hearing, if requested, will be advertised and conducted within the area affected by the plan.
1325.567 Financial Assistance for Regional and Local Plans.
(a) Authority. The municipal solid waste management planning fund is established by the Com-
prehensive Municipal Solid Waste Management, Resource Recovery, and Conservation Act, Health and
Safety Code, 11363-091-363.093 (Texas Civil Statutes, Article 4477.7c, 18), as a special fund in the stale
treasuryto be used to provide financial assistance to local governments and planning regions for the
development of regional and local solid waste management plans.
(b) Administration of the planning fund.
(1) The commissioner shall administer the financial assistant? program and the planning fund
under the direction of the board.
(2) An applicant for financial assistance from the planning fund shall agree to comply with the
state solld waste management plan, the department's municipal solid waste management rules, and any
other requirements adopted by the board. The scope of work for the planning effort shall be mutually
agreed upon by the department and the applicant.
(3) The department shall not authorize release of funds under an application for financial as-
sislance until the applicant has furnished the department with a resolution adopted by the governing
body of each public agency or planning region which is a party to the application certifying that.
(A) the appbcint will comply with the provisions of the financial assistance program and
the requirements of the department;
18) the grant will only be used for the purposes for which it was provided; and
(C) regional or local solid waste management plans devcloped with state financial assis•
lance will be adopted by the governing body.
(4) The planning fund shall not be used for the preparation of final design and'worhing draw-
ings, construction, acquisition of land or an interest in land, or payment for recovermi resources.
15) Financial assistance providod by the department to any public agency or planning region
under this section shall be matched, at least equally, by funds provided by the recipient. In-kind
matches are permissible at the discretion of the department
Page 011
Section 325.567
(6) The order of priority to be given to ap
determined by: plicant`s In recAving fnanciat assistance shall be
(A) the need to initiate or improve the solid waste managemeat'program within the appli.
cant's jurisdiction;
(B) the needs of the state;
(C) the financial need of the applicant; and
(D) the degree the proposed plan work program will result In Improvements that meet the
requirements of other applicable state, regional, and local solid waste management plans or activities;
(E) a positive consideration for applicants who have completed approved plans while
utilizing their own resources; and
(F) a positive consideration for applicants who have committed a substantial amount of
their own resources for development of an approvable plan at the time a request is made for state finan-
cial assistance.
(7) The department may approve an application consistent with the provisions of this section
when the department finds stale financial participation is In the public interest and when it is deter-
mined that both stale and regional or local funding is sufficient to complete the agreed scope of services.
The department shall approve or disapprove an application for financial assistance within 90 days of
its receipt.
(c) Regional planning financial assistance,
(1) Applications and contracts.
(A) Requests for state financial assistance for regional plans shall be made on forms fur-
nished by the department and shall include a work program and budget for a defined period in which
the tasks dascribed in the work program are to be completed.
(B) If the plaeWng process and state financial assistance is not expected to be completed by
September 1, 1991, then the applicant shall define separately those portions of a work program and
budget that will be completed or obligated In the period before and after September 1, 1991.
(C) If the department determines that planning assistance funds will be awarded, then the
department and the applicant shall sign a separate contract for the period prior to September 1, 1991,
and each state fiscal year or part of a year covered by the approved work program and budget, alter
September 1, 1991.
(D) Beginning September 1, 1991, all state planning wislance contracts shall not exceed one
year In term, and shall ierminate on or before the earliest August 31 date following the beginning date
of the contract.
(E) State funds must be matched at least equally by funds provided by the recipient. In4ind
matches are permitted at the discretion of the departmew, however, the types and amounts of in-kind
match shall be indicated in the budget.
(fl The only applicant eligible to apply for regional planning financial assistance shall be
the regional planning agency designated as responsible for the plariMng region for which a plan is con.
sidered.
Section 325.567
~ V Page 012
l`
(G) At its discretion, the rfep,atment mav,utilize Vine' it uttee to assist in evaluat•
ing applications for funding assistance, 44
12) Funding amounts. / C
(A) The minimum funding provided by the state, for development of any regional solid
waste management plan, in a single state fiscal year shall be 530,000.
(8) Except as provided in subparagraph (C) of this paragraph, additional state funds may
be authonzed based on:
W population ($0.05 per capita);
Oil number of counties affected (5500 each); and
(ill) number of incorporated cities affected ($200 Each).
(C) The maximum annual funding provided by the state, for development of any regional
solid waste management plan, in a single state fiscal year shall not exceed $250,000.
(d) Local planning financial assistance.
(1) Applications and contracts
(A) Requests for state financial assistance for local plans shall be made on forms furnished
by the department and shall include a work program and budget for a defined period in which the tasks
described in the work program are to be completed.
(9) If the planning process and state financial s5sistance is not expected to be completed by
September 1, 1991, then the applicant shall define separately those portions of a work program and
budget that will be completed or obligated in the period before and after September 1, 1991.
ICI If the department determines that planning assistance funds will be awarded, then the
department and the applicant shall sign a separate contract for the period prior to September 1, 1991,
and each state fiscal year or part of a yeu covered by the approved work program and budget, after
September 1, 1991.
(D) Beginning September 1, 1991, all state planning assistance contracts shall not exceed one
year in term, and shall terminate on or before the earliest August 31 date following the beginning date
of the contract.
(E) Stale funds must be matched at least equally by funds provided by the recipient. In-kind
matches are permulted at the discretion of the department, however, the types and amounts of in•Aind
match shall be indicated in the budget.
IF) The oniv applicants authorized to apply for local planning financial assistance are
local governments or public agencies, and designated regional planning agencies. Where the local plan
is to cover a geographical area larger than the area of one city, then the application and any resulting
contract shall be made by one of the cities, counties, or public agencies which has all or part of its turrs-
diction within the area to be considered in the plan, and which is authorized to act as agent by all pub-
lic egencies with furisdictions included in the area considered; or, the designated regional planning
agency which has jurisdiction over the geographical area to be considered in the plan
(G) At its discretion, the department may utilize a panel or committee to assist in evaluat-
ing applicit ions for funding assistance requests.
Page 013
Section 325.567
121 Funding amounts,
(A) The minimum funding provided by the state, fd dev pme t of any local solid waste
management plan, In a single state fiscal year shall be 112,500.
(B) Except as provided in subparagraph (C) of this paragraph, additional state funds may
be authorized based on $0.10 per capita.
(C) The maximum annual funding provided by the state for development of any local solid
waele management plan In a single state fiscal year shall not exceed $100,000,
1323.568 Approved State, Regional, and Local Solid Waste Management Plans.
(a) Purpose. This section adopts stale, regional, and local solid waste management plans which
have been approved by the board of health. As specified of 1325 566(d) of this title (relating to Proce-
dures for Regional and Local Plan Submission and Approval), public and private solid waste manage-
ment activities and stale regulatory activities within the geographical boundaries where the plan is
applicable shall conform to an adopted plan during its effective period,
(b) State plan, The effective period of the Solid Waste Management Plan (or Texas, 1980.1966,
Volume 1., "Municipal Solid Waste," expi.ed on December 31, 1996. The department no longer recognizes
the previously adopted plan as the state plan for solid waste over which it has Jurisdiction.
(c) Regional plans.
(1) Plans approved. The department has approved and adopted by reference the following
described regional solid waste management plans. Each plan's effectiveness applies only for the geo-
graphical area described In the p1:,i and for the period specified in the applicable subparagraph
which lot ows.
(A) The department has approved and hereby adopts by reference the "Action Guide for
Solid Waste Management in the H•GAC Region, 1985-2000" which was developed by the Houston-
Galveston Area Council and adopted by the council's board of directors on June 18, 1985. The effective
period of department approval is from January 15, 1986, to December 31, 2000. Copies of the document
are available for public inspection during regular working hours at the Texas Department of Health
tMH) Bureau of Solid Waste Management, 1100 West 49th Street, Austin; TDH Region 4 office, 10500
Forum Place, Suite 200, Houston; and offices of the Hou_ston•GaIvest on Area Council, 3355 Timmons Lane
(Keplinger Building), Houston.
(B) The department has approved and hereby adopts by reference the regional plan titled
"Solid Waste Management in the AACpG Region 1965-2000." which was developed by the Alamo
Area Council of Governments and adopted by the council's execnrlive committee on April 4 1987. The
effective period of department approval is from March 15, 1?89, to December 31, 2000. Copies of the
document are available for public inspection during regular working hours at the TDH Bureau of Solid
Waste Management, 1100 West 49th Street, Austin; and offices of the Alamo Area Council of Govern.
ments, 118 Broadway (Three Americas Building), Suite 400, San Antonio.
the plan (2)has been Conflicting developed provisions, acordingadopting to depamental rules and t does not department conflict with e the statei that
if it should later be determined that the provisions of a regional plan do conflict with Qrovisions of the
adopted state plan, then provisions of the state plan shall prevail.
(3) Agency responsibilities. 11 shall be the responsibility of the regional t-tanning agency to
coordinate the implementation of regional policies and recommended actions in an approved regional
plan and coordinate local planning efforts. It shall be the tesponsibility of affected :oval governments
to implement the policies and recommended actions of an adopted regional plan and to maintain poh•
Section 32S.S68
ALi, 1k 71 *re Page 014
cies and activities that do not conflict with provisions in slate anal
lily to consider
shall
a facility to lopl(aans. The department
be provisions
th an approved regional plan when reviewing an application for a permit for
the area affected by an approved plan,
(4) Provisions in a regional plan apply only to applications for a permit which are filed with
the department after the effective date of the plan's approval by the Texas Board of Health,
~C ITY_
COUNCI
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Age16aIIa M, 1 0. ' ~
)ate 2-v•3,
CITY OF DENTON CITY COUNCIL MINUTES
October 12, 1993 v
The Council convened into a Special Call Session on Tuesday,
October 12, 1993 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.
ABSENT: None
1. The council convened into the Executive session to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sea. 551.071
1. Considered legal advice concerning escrow
agreements and bonds for public improvements.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
2. The Counc!1 considered approval of a resolution amending the
resolution creating the Juvenile Diversion Task Force.
Harlan Jefferson, Director of Treasury Operations, stated that in
July the Council had approved a resolution creating the Juvenile
Diversion Task Force. The proposed amendment added five student
body representatives from the Denton Independent School District.
Staff was able to locate a representative from the Concerned
Parents Organization, Calvin Evans. Council still needed to select
a chairman, a local civic group representative and two at-large
representatives.
The following resolution was considered:
NO. R93-058
A RESOLUTION CREATING THE JUVENILE DIVERSION TASK FORCE TO
FORMULATE AND PROVIDE RECOMMENDATIONS TO THE CITY COUNCIL
RELATING TO THE NEED OF A DIVERSION PROGRAM TO ASSIST IN THE
REHABILITATION OF JUVENILE OFFENDERS; AND PROVIDING AN
EFFECTIVE DATE.
Miller motioned, Smith seconded to approve the resolution. On roll
vote, Brock "aye", Cott, 'lays", Miller "ayet', Smith "aye", Chew
"ayell, Perry flaye'l, and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry indicated that nominations would be received at
the next meeting.
x
f
P
-R
t
agenda Nn. ~3 -off
Ageodaltv )01
City of Denton City council minutes Nte.,_&' _ J p
October 12, 1993 r~
Page 2
3. The Council considered approval of a resolution nominating
individual(s) to the Denton Central Appraisal District's Board of
Directors.
Council Member Brock left the meeting with a potential conflict of
interest.
Harlen Jefferson, Director of Treasury Operations, stated that five
of the Board of Director's positions for the DCAD were up for
election. Each jurisdiction had the abilityy to nominate an
individual for election to the Board. If Counoil decided to make
a nomination, it needed to be submitted to the DCAD by October 150
1993.
Council Member Cott asked if the names needed to be ones which were
submitted or ones which the Council voted on.
Jefferson replied that it world be names of individuals the Council
would like to serve on the Board.
Council Member Cott asked if names of more than one individual
would be accepted.
Jefferson stated that the council could select up to 5 names.
Counei'. Member Cott nominated Mary Horn for 100 votes and Horace
Brock "or 499 votes.
Jeff ;son stated that at this point the Council was not casting
vote but merely nominating the members for voting.
Cou oil Member Cott nominated Mary Horn.
Cc*-Icil Member Perry nominated Horace Brock.
Council Member Chew nominated John Beck and Gaylord Thornton.
Smith motioned, Chew seconded to close the nominations. On roll
vote, Cott "&yell, Miller "aye", smith "aye", Chew "aye", Perry
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
City Manager Harrell stated that the Council would then submit
those four names. This was a two step process. If the Council had
a nominee it wanted to submit to the DCAD, it needed to be
submitted by October 15, 1993. After the October 15th deadline,
the DCAD would compile all of the nominations and then the entities
would vote on those nominations.
{ City of Denton City Council Minutes AgrA~ NO
,.NO
October 12, 1993 AL •v.uF~i1,,.~
Page 3
Council Member Chew asked if as a Council, did Council have the
right to vote whether to submit three, four or five names.
city Attorney Drayovitch replied yes.
Council Member Cott stated that that was not the advice he was
given.
Council Member Chew asked again if whether or not as a Council, did
they want to submit three, four or five names,
Council Member Cott stated that under the law in the process of
nomination, according to the Legal Department, the Council could
submit as nany names as they wanted without voting on them at this
time.
Council Member Perry asked if the council would be required to vote
on the nominations as a block.
Jefferson replied no, that the Council. could vote on individuals
after the names were compiled by the DCAD.
City Manager Harrell stated that tha jurisdiction could submit
nominations. it was the Council's decision as to whether to submit
no names or whatever number of names it desired up to five. The
Council would cast votes at a later date.
Council Member Perry stated that the City only had a certain number
of votes to cast. How would the votes be cast if tho Council
decided to vote for more than one individual. The more nominees
the council decided on, the less weight the City's vote would have.
City Manager Harrell stated that the Council could nominate up to
five individuals and at a future meeting, the Council would have to
decide who to vote on, it was not a good idea to cast only 100
votes for five individuals. The Council really needed to cast all
votes for one Individual and join with another jurisdiction in
order to get that individual elected.
City Attorney Drayovitch stated that the Council needed now to vote
on the nominations of the individuals as to how many and who to
submit to the DCAD.
Council Member Miller st- :ed that Heck, Thornton and Brock were
already nominated for the ballot. Was it necessary for Council to
nominate them again.
City Attorney Drayovitch replied no.
~~r~±aNo 93 p/~~
City of Denton city council itinutes
October 12, 1993
Page 4
Council Member Miller felt that Council action should be to
nominate any other individual other than the three already on the
ballot.
City Attorney Drayovitch stated that the Council could have no
motion to nominate any of the four, there could be a motion to
nominate all of the four or a motion to nominate any portion of the
four nominations. No action was legally required but if Council
wished to nominate, then a motion was in order.
Council Member Miller asked what were the qualifications to serve
on the Board, Was Mary Horn eligible to serve on the DCAD Board,
Council Member Cott replied yes as Herb Barnhart had served before
when he was in the same position as Mary Horn,
Jefferson stated that the qualifications were included in the
agenda back-up.
The following resolution was considered:
NO, R93-059
A RESOLUTION NOMINATING PERSONS TO THE BOARD OF DIRECTORS OF
THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE.
Chew motioned, Perry seconded to nominate John Beck, Gaylord
Thornton, and Horace Brock to be the City's nominees for the DCAD
Board, On roll vote, Cott "nay", Miller 'laye'r, Smith "aye", chew
"aye'', Perry "aye", and Mayor Castleberry I'aye". Motion carried
with a 5-1 vote.
4. The Council considered a request from the St. Emmanuel Baptist
Church for an exemption to the noise ordinance on Sunday, October
170 1993 from 3:00 p.m, - 7:00 p.m. for an outdoor church service,
Council Member Brock returned to the meeting.
Catherine Tuck, Administrative Assistant, stated that this was a
request for an exemptiora to the noise ordinance. The event was an
annual fund raiser for the Church's building fund and would be on
the future site of thbir new church.
Chew motioned, Smith seconded to approve the request. On roll
vote, Brock "aye", Cott, "aye", Miller "aye", Smith "aye", Chew
"aye", Perry "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
n
b
f'
City of Denton City Council Minutes Agir,d No
October 12, 1993 A0s ' IIE%~ i `
Page 5 C'.9_.._.//;-Cf!1
S f
5. The Council received a report and held a discussion regarding
a charitable solicitation ordinance and gave staff direction.
City Attorney Drayovitch stated that at the last meeting in August,
Council directed staff to study an ordinance regarding charitable
solicitation and prepare recommendations for Council which would
allow charitable solicitations from the roadway. The draft
o
Council. The rdinance included many of the items of concern as expressed by
ordinance required safety veststo be wo worn by f the proof solicitors,, charitable twhere
the solicitors were to stand, and included provisions for
indemnification and time and place restrictions. A map had been
included with the back-up materials which indicated the main
thoroughfare plan. Other provisions which were discussed for the
proposed ordinance included a requirement that an applicant not
have a previous criminal history, the application to be accompanied
portion insurance
certain proof
ds provision
of the and a
solicited requiring beproof that a
charitable organization. proceeds
had written Council a going memorandum
regarding actions which had occurred in other cities with those
atypos of provisions.
to the Council of h a denial of a provided permit, if a Council affirmed
that denial, in accordance with First Amendment laws, the City
would file legal action to declare the validity of the ordinance.
This followed federal constitutional law which indicated that if an
individual challenged the permit licensing provision in the
ordinance, the burden would be on the City to justify why the
tordot thwas at action. . IThehproposedmorthe dinance v also l inmust be cluded allowed page
limitation for the solicitors.
Council .Member Brock asked about the provision on page three which
required that the valid permit be displayed on the traffic safety
vest being worn by the solicitor.
City Attorney Drayovitch stated that the permit would be visible
for the police enforcement purposes.
Council Member Miller stated that the proposed ordinance indicated
that the solicitors could be on the roadway between the hours of
7:00 a.m. - 9:00 a.m. and from 4100 p.m. - 6:00 p.m. He thought
the intent of Council was to have the solicitation only during
daylight hours such as 7100 a.m. - 7:00 p.m. Perhaps the ordinance
should read a half hour after sunrise and a half hour before
sunset.
i
Council Member Brock left the meeting.
i
e^rf.~h~!f r.~fl.2
City of Denton City Council Minutes !
October 12, 1993 A:3r'
Page 6
Council Member Miller stated that the proposed ordinance also did
not preclude Sundays.
Mayor Castleberry Stated that the proposed ordinance indicated
nothing about Saturdays or Sundays.
Council Member Miller felt that the ordinance should indicate
Monday through Saturday with no Sunday solicitation.
Council Member Perry felt that the proposed ordinance would be a
more complex ordinance than the current one.
City Attorney Drayovitch agreed indicating that any permitting
process would be more complicated than the prohibition currently in
place.
Council Member Perry asked if it would be subject to more
contention.
City Attorney Drayovitch replied yes.
Council Member Perry asked if the requirement of establishing that
the solicitor was a valid solicitor would to subject to raising
questions on the part of the solicitors.
City Attorney Drayovitch stated that the draft was written so that
the individual requesting the permit would provide evidence of not-
for-profit status. This could include having the individual only
check a box on an application form which would not be a prior
restraint.
Mayor Castleberry asked for a clarification of the suggested
changes to the proposed ordinance.
City Attorney Drayovitch stated that the days of the week for
solicitation would be changed to Monday through Saturday and the
hours would be changed to a half hour after sunrise to a half hour
before sunset.
Council Member Perry asked about the liability to the City if
someone were injured in the process of roadway solicitation if the
proposed ordinance were passed.
City Attorney Drayovitch stated that she would argue that the City
was not responsible. How6ver, this was not to say that the City
would not be named in a lawsuit and her department would have to
spend time, effort and money to defend such a lawsuit.
8
City of Denton City Council Minutes AQ9Rd No October 12, 1993
Page 7 Aoc4lAea) 14
9
Mayor Castleberry asked about standing on the medians to solicit,
City Attorney Drayovitch stated that an individual could stand on
the medians and on the edge of intent was to ke
the individuals out of the lanehofrtraffic b The
hard to enforce.
this would be ver
y
y
Mayor Castleberry asked if an individual were on University Drive
and were walking from the curb across to the median, would that
make any difference,
City Attorney Drayovitch indicated no if t3,e individual were not
actively soliciting from the roadway when moving to the median.
Mayor Castleberry asked about leaning over into the roadway.
City Attorney Drayovitch stated that staff had looked at different
provisions and this was the best wording,
Council Member Miller asked about turn lanes. Individuals would
not have access to the center lanes and could not walk between the
rows of cars,
City Attorney Drayovitch stated that that was the intent but it
would be very difficult to enforce.
the
Mayor Pro Tom smith stated that she did not want the individuals on de of with uit being to hazard In the roadways any ways to solicit funds
Council Member Perry agreed with Mayor Pro Tom Smith. The current
ordinance did not prohibit any solicitation, it merely prohibited
it from the roadways.
Council Member Miller
Council could th nconsiderewhether to pass wsuup an ordinance
cch an ordinance.and
Council Member chew agreed with Council Member Miller.
Mayor Castleberry asked if there were a restriction on the number
of times per year an organization could solicit from the streets
and suggested including such a provision.
Council Member Miller suggested limiting the number to two times
per year.
4C
Agend:N0
City of Denton City Council Minutes ACu0,!!1p
October 12, 1993
Page 8 Jr f.._!a
Q~,/7
Chew motioned, Miller seconded to direct staff to prepare a draft
ordinance for Council consideration. On roll vote, Cott, "aye",
Miller "aye", Smith "nay", Chew "aye", Perry "nay", and Mayor
Castleberry "nay", Motion failed with a 3-3 tie vote.
60 The Council recaived a report and held a discussion regarding
the proposed road hump ordinance.
Jerry Clark, City Engineer, stated that speeding on residential
streets had become a major problem in some areas, Limited
enforcement due to scare resources had not been able to eliminrte
this problem. The Council had been provided a draft ordinance
which was modified from a Dallas ordinance. Staff was suggesting
placing test humps in a trial location to see how the provisions
would work. A suggested location was in the North Lakes Park area
near Parkside and Bowling Green. A before and an after study would
be done to verify results.
Mayor Pro Tem Smith asked if the area residents wera unanimous to
try this method,
Clark replied that the request and interest was from the North
Lakes Homeowners Association. An actual vote was not taken in the
test site area but if the policy were adopted in the future by
council, it would require a 2/3's vote.
City Manager Harrell felt that it would be a good idea, if Council
agreed to do the study, to contact all of thq neighbors before
proceeding.
Mayor Pro Tem Smith felt that Council would not need a report
regarding the feelings of the neighborhood. She would be more
comfortable if everyone knew of the project but did not need
everyone to necessarily agree with the project.
Council Member Cott suggested testing more than one neighborhood.
Consensus of the,Council was to proceed with the test area.
7. The Council reviewed Government Services Television Network
video regarding unfunded federal mandates.
Joseph Portugal, Assistant to the City Manager, stated that the
National League of Cities in conjunction with the U.S, Conference
of Mayors and the National Association of Counties and the
International City Management Association had joined together to
coordinate a national public program to curb unfunded federal
mandates. These were mandates from the federal government which
City of Denton city council minutes
October 12, 1993
Page 9
were paused on without additional federal funding. The Texas
Municipal League would participate in this effort and had asked
member cities to pass a resolution in opposition to the unfunded
federal mandates. The Government Services Television Network had
prepared a video regarding these mandates which he showed to
Council.
Following the video, Mayor Castleberry indicated that there would
be a Vision update.
Council Member Miller stated that there were upcoming meetings and
training sessions for discussion leaders involved in the kickoff
project. Part of the Denton Municipal Complex would be used for a
Vision Room. Renovation of the room would be at no cost to city
with various organizations donating in-kind services for air
conditioning, lumber and materials. There had been good reception
for speakers regarding the project. He indicated that everyone
wanted to get as much wide spread participation as possible and
encouragod all to participate in the project.
Council Member Cott suggested a monthly financial report to Council
indicating what the City's money had been spent.
Council Member Miller indicated that the funds were commingled with
other funds from the participating organizations.
City Manager Harrell indicated that Council could receive the
financial information which was handed out at each cabinet meeting.
With no further business, the meeting was adjourned at 7:53 p.m.
BOB CASTLEBERRY, MAYOR -
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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ORDINANCE N0.
AN ORDINANCE ACCEPTING A COMPETITIVE BIDS AND AWARDING A CONTRACT
FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES;
PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City has solicited, received and tabulated com-
supplies or servic shin accordance with the pro procedures of stateelaw
and City ordinances; and
WHEREAS, the City Manager or a designated employee has
reviewed and recommended that the herein described bids are the
lowest responsible bids for the materials, equipment, supplies or
services as shown in the "Bid Proposals" submitted therefor; and
WHEREAS, the City Council has provided in the City Budget for
the appropriation of funds to be used for the purchase of the ma-
terials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION Ii That the numbered items in the following numbered
bids for materals, 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 IT3M
NUMBER
NO. VENDOR AMOUNT
1552 ALL JAME PUBLIC
$450,000
SECTION II, That by the acceptance and approval of the above
numbered items of the submitted bids, the City accepts the offer of
the persons submitting the bids for such items and agrees to
purchase the materials, equipment, supplies or services
accordance with the terms, specifications, standards quanti in
ties
and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
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SECTION III. That should the City and persons submitting ap-
proved and accepted items and of the submitted bids wish to enter
into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his
designated representative is hereby authorized to execute the
written contract which shall be attached herstop 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 bidri or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION V. That this ordinance shall become effective imme-
diately upon its passage and approval.
PASSED AND APPROVED this day of , 1993.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORMS
DEBRA A. DRAYOVITCR, CITY ATTORNEY
BY:
a
DATEIN"N
CITY COUNCIL REPORT AOe~d,~l~e
TO: Mayor and Members of the'City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: BID # 1552 - HOT MIX ASPHALT
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Jagoe
Public Construction as listed.
1. HOT MIX DELIVERED TO JOBSITE $23.00 TON
2. HOT MIX PICKED UP AT PLANT $21.00 TON
3. HOT MIX INSTALLATION 200-500 TON $ 7.00 TON
4. HOT MIX INSTALLATION 500 + TON $ 5.00 TON
SUMMARY: This bid is for the annual contract for Hot Mix Asphalt used In street
repair and construction. Council recently approved a contract for all other road
construction materials including Hot Mix Asphalt however, the bid for this product
awarded to Jagoe Public was qualified and restricted. Jagoe Public was notified that
the previous award was for 80 days only and would be rebid with no qualifications
or exceptions acceptable.
Annual estimated usage is $350,000 to $450,000.
BACKGROUND: Tabulation Sheet.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Street Maintenance and new
construction.
FISCAL IMPACT: Funds for the purchase of this product will be taken from 1993194
Budget Funds, Bond Funds, Bond Fund and CIP funds.
Resp ully/sub ed:
U
LI yd V. Harrell
City Manager
Approved:
Name: TON D. SHAW,C.P.M.
Title: PURCHASING AGENT
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BID # 1652 I I I I
BID NAME HOT MIX ASPHALT REYNOLDS I VULCAN I JAGOE PUBLIC I
jkc3PHALT MATERIALS
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OPEN DATE OCTOBER 14, 1993 I CONST. !I
# I QUANTITY DESCRIPTION I VENDOR _ I VENDOR I VENDOR I
1. I TON I HOT MIX HOT LAY ASPHALT $25.25 I $28.701 $23.00 I
I CONCRETE, FOB DELIVERED I I ( I
I (ESTIMATED ANNUAL USAGE I I I I
25,000 TONS) I
SA. I TON I PRICE PER TON FOR MATERIAL I $21.001 $19.001 $21.001
I PICKED UP AT PLANT I I I I
I B. I TON I ADDITION PER TON FOR I $13.00 I NIB $7.001
I INSTALLATION AT CITY OF DENTON I I I
I I 1
JOB SITE 200-600 TONS I
1C.1 TON ADDITION PER TON FOR I $5.00 I NIB $5.001
I I INSTALLATION AT CITY OF DENTON I I I I
I JOB SITE 600 + TONS I I I A
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CITY of mrom, TEXAS MUNICIPAL BUILDING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: October 29, 1993
TO: Lloyd V. Harrell, City Manager
FROM: John F. McGrane, Executive Director of Finance
SUBJECT: 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 new
landfill.
If you need any additional information, please advise.
JFMCG:af
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8171566.8204 D/FW METRO 434.2529
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ORDINANCE NO. 93-
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AUTHORIZING THE ISSUANCE, SALE AND DELIVERY OF CITY OF DENTON
CERTIFICATES OF OBLIGATION, SERIES 1993-A, AND APPROVING AND
AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO
THE STATE OF TEXAS t
COUNTY OF DENTON t
CITY OF DENTON t
WHEREAS, the Certificate of Obligation Act of 1971, as amended
and codified (the "Act") permits the City to issue and sell for
cash the Certificates of Obligation hereinafter authorized; and
WHEREAS, the City has duly caused notice of its intention to
issue the Certificates of Obligation hereinafter av~thorized to be
published at the times and in the manner required by the Act and no
petition has been filed protesting the issuance thereof.
THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
THAT:
Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The
certificate or certificates of the City of Denton Texas (the
"Issuer") are hereby authorized to be issued and delivered in the
aggregate principal amount of $2,705,000, FOR THE PURPOSE OF PAYING
ALL OR A PORTION OF THE CITYOS CONTRACTUAL OBLIGATIONS INCURRED
PURSUANT TO CONTRACTS FOR THE CONSTRUCTION OF PUBLIC WORKS, TO-NITt
(1) RENOVATING CERTAIN MUNICIPAL BUILDINGS OF THE CITY AND (2) THE
PURCHASE OF LAND AND CONSTRUCTION OF A LANDFILL SITE; 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.
Section 2. DESIGNATION OF THE CERTIFICATES. Each certificate
issued pursuant to this ordinance shall be designated" "CITY OF
DENTON CERTIFICATE OF OBLIGATION, SERIES 1993-A", and initially
there shall be issued, sold, and delivered hereunder a single fully
registered certificate, without interest coupons, payable in
installments of principal (the "Initial Certificate"), but the
initial Certificate may be assigned and transferred and/or
converted into and exchanged for a like aggregate principal amount
of fully registered certificates, without interest coupons, having
serial maturities, and in the &-nomination or denom.lnations of
$5,000 or any integral multiple of $5,000, all in the manner
heroinafter provided. The x,rm "Certificates" as used in this
Ordinance shall mean and include collectively the Initial
Certificate and all substitute certificates exchanged therefor, as
well as all other substitute certificates and replacement
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certificates issued
Pursua shall mean any of the Certifi ates.o and the term "Certificates" 3 2~'
Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES,
INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL
CERTIFICATE.
(a) The Initial Certificate is hereby authorized to be
issued, sold, and delivered hereunder as a single fully registered
Certificate, without interest coupons, dated November 1, 1993, in
the denomination and aggregate principal amount of $2,705,000,
numbered R-1, payable in annual installments of principal to the
initial registered owner thereof, to-wit;
I
or to the registered assignee or assignees of said Certificate or
any portion or portions thereof in each case, the registered
owner"), with the annual installments of principal of the initial
Certificate to be payable on the dater, respectively, and in the
principal amounts, respectively, stated in the FORM OF INITIAL
CERTIFICATE set forth in this ordinance.
transferred The Initial Certificate (1) may be assigned and ma and Certificates, (iii) shallbhaveothe characteristics, and (iv) shall
be signed and sealed, and the principal of and interest on the
Initial Certificate shall be payable, all as provided, and in the
manner required or indicated, in the FORM OF INITIAL CERTIFICATE
set forth in this Ordinance.
Section 4. INTEREST. The unpaid principal balance of the
Initial Certificate shall bear interest from the date of the
initial Certificate to the respective scheduled due dates of the
installments of principal of the initial Certificate, and said
interest shall be payable, all in the manner provided and at the
rates and on the dates stated in the FORM OF INITIAL CERTIFICATE
set forth in this ordinance.
Section 0. FORM OF INITIAL CERTIFICATE. The form of the
Initial Certificate, including the form of Registration Certificate
of the Comptroller of Publio Accounts of the State of Texas to be
endorsed on the Initial Certificate, shall be substantially as
followst
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FORM OF INITTAI CERTIFICATES'"'.c'_._~~~=~=3
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UNITED STATES OF AMERICA $2,70 ,000
STATE OF TEXAS
CITY OF DENTONUCERTIFICATEOOF OBLIGATION
SERIES 1993-A E CITY
Coun bean7THa PoliticaIEN ubdivision Dentonof the t State a of(TexasIsshereby
prom ises to pay to
or to the registered assignee or assignees of this Certificate or
any portion or portions hereof (in each case, the "registered
owner") the aggregate principal amount of
(TWO MILLION SEVEN HUNDRED FIVE THOUSAND DOLLARS)
In annual installments of principal due and payable on JULY 1 in
each of the years, and in tho respective principal amounts, as set
forth in the following scheduler
PRINCIPAL PRINCIPAL
YE1!$ AMOUNT x= _AMOMT
1995 $1350000 2005
1996 140,006 2006 $ 80,000
1997 145,000 2007 85,000
1998 1500000 2008 90,000
1999 1600000 2009 95,000
2000 170,000 2010 100,000
2001 1808000 2011 105,000
2002 190,000 2012 110,000
2003 200,000 2013 115,000
2004 205,000 2014 1300000
and
compo ed ! twelve 30-day monthsa from theb ate of of
this Certificate
hereinafter stated, on the balance of each such installment of
principal, respectively, from time to time remaining unpaid, at the
rates as follows:
! per annum on the above Installment due in 1995
! per annum on the above installment due in 1996
! per annum on the above installment due in 1997
! per annum on the above installment due in 1998
! per annum on the above installment due in 1999
! per annum on the above installment duo in 2000
! per annum on the Abova installment due in 2001
! per annum on the above installment due in 2002
! per annum on the above installment duo in 2003
3
i per annum on the above installment due4 j
,2664
4 per annum on the above installment duerin 2005
t per annum on the above installment due`in'3d06 S
# per annum on the above installment due in 2007
Per annum on the above installment due in 2008
per annum on the above installment due in 2009
4 per annum on the above installment due in 2010
per annum on the above installment due in 2011
per annum on the above installment due in 2012
t per annum on the above installment due in 2013
per annum on the above installment due in 2014
with said interest being payable on JULY 1, 19941 and semiannually
on each JANUARY 1 AND JULY 1 thereafter while this Certificate or
any portion hereof is outstanding and unpaid.
THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this
Certificate are payable in lawful money of the United States of
America, without exchange or collection charges. The installments
theprincipal and the
heInterest on reof through this Cservices of NATIONSBANK OF
TEXAS, N.A., DALLAS, TEXAS, which is the "Paying Agent/Registrar"
Ifi for tthis Cart l principal shall be made by thePyingiAgent/Registrarr
this to the
registered owner hereof on each principal and/or interest payment
date by check dated as of such date, drawn by the Paying
Agent/Registrar on, and payable solely from, funds of the Issuer
required by the ordinance authorizing the issuance of this
Certificate (the "Certificate Ordinance") to be on deposit with the
Paying Agent/Registrar for such purpose as hereinafter providedt
and such check shall be sent by the Paying Agent/Registrar by
United States mail, first-class postage prepaid, on each such
principal and/or interest payment date, to the registered owner
hereof, at the address of the registered owner, as it appeared at
the close of business on the 15th day of the month next preceding
each such date (the "Record Date,$) on the Registration Books kept
by the Paying Agent/Registrar, as hereinafter described. The
I
on or ssuer covenants with the registered owner of this Certificate that
before each lprincipal
Certificate it w0
available to Interest
PayingeAgent/Registrar,
from the "Interest and Sinking Fund" created by the Certificate
Ordinance, the amounts required to provide for the payment, in
immediately available funds, of all principal of and interest on
this Certificate, when due.
IF THE DATE for the payment of the prl,noipal of or interest on
this Certificate shall be a Saturday, Sunday, a legal holiday, or
a day on which banking institutions in the City where the Paying
Agent/Registrar is located are authorized by law or executive order
to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday,
or day on which banking institutions are authorized to closet and
payment on such date shall have the same force and effect as if
made on the original date payment was due.
4
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THIS CERTIFICATE has been authorized in accordance vi h`the
Constitution and laws of the State of Texas 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 ~
SITEI 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.
balancelhereof# or any to
unpaid portion of hereof in unpaid any pintegral
multiple of $5,000, may be assigned by the initial registered owner
hereof and shall be transferred only in the Registration Books of
the Issuer kept by the Paying Agent/Registrar acting in the
capacity of registrar for the Certificates, upon the terms and
conditions set forth in the certificate ordinance. Among other
requirements for duch transfer, this Certificate must be presented
and surrendered to the Paying Agent/Re istrar for cancellation,
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guarantee of ogether with proper instruments of assignment, in form and with
evidencing assignment s byttheacinitial tregistered gowner e of tthis
certificate, or any portion or portions hereof in any integral
multiple of $5,000, to the assignee or assignees in whose name or
names this Certificate or any such portion or portions hereof is or
are to be transferred and registered. Any instrument or
instruments of assignment satisfactory to the Paying
Agent/Registrar may be used to evidence the assignment of this
Certificate or any such portion or portions hereof by the initial
registered owner hereof. A new certificate or certificates payable
to such assignee or assignees (which then will be the now
registered owner or owners of such new Certificate or Certificates)
or to the initial registered owner as to any portion of this
Certificate which is not being assigned and transferred by the
initial registered owner, shall be delivered by the Paying
Agent/Registrar in conversion of and exchange for this Certificate
or any portion or portions hereof, but solely in the form and
manner as provided in the next paragraph hereof for the conversion
and exchange of this certificate or any portion hereof. Thb
registered owner of this certificate shall be deemed and treated by
the Issuer and the Paying Agent/Registrar as the absolute owner
hereof for all purposes, including payment and discharge of
liability upon this certificate to the extent of sv:h payment, and
the Issuer and the Paying Agent/Registrar shall not be affected by
any notice to the contrary.
AS PROVIDED above and in the Certificate ordinance, this
Certificate, to the extent of the unpaid principal balance hereof,
may be converted into and exchanged for a like aggregate principal
amount of fully registered certificates, without interest coupons,
payable to the assignee or assignees duly designated in writing by
the initial registered owner hereof, or to the initial registered
owner as to any portion of this Certificate which is not being
assigned and transferred by the initial registered owner, in any
5
Apenda No3
AOendafferrt,'!
MM~~l` Date_ _1L_v?- 93
denomination or denominations in any integ'r'a m' malt,
(subject to the requirement hereinafter statALdvat ealchi3"t!T'"$~;O
certificate issued in exchange for any port Certificate
shall have a single stated principal maturity~ate) thup nesurrender
of this Certificate to the Paying Agent/Registrar for cancellation,
all in accordance with the form and procedures set forth in the
Certificate Ordinance. If this Certificate or any portion hereof
is assigned and transferred or converted each certificate issued in
exchange for any portion hereof shall have a single stated
principal maturity date corresponding to the due date of the
installment of principal of this Certificate or portion hereof for
which the substitute certificate is being exchanged, and shall bear
interest at the rate applicable to and borne by su:h installment of
principal or portion thereof. No such certificate shall be payable
in installments, but shall have only one stated principal maturity
date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE
IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED
ONCE ONLY, and to one or more assignees, but the certificates
issued and delivered in exchange for this certificate or any
portion hereof may be assigned and transferred, and converted,
subsequently, as provided in the Certificate Ordinance. The Issuer
s
and hall pay the Paying Agent/Registrar's standard or customary foes
Certificates or any rportionithereof* but the one requesting sthis
uch
transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto. The
Paying Agent/Registrar shall not be required to make any such
assignment, conversion, or exchange during the period commencing
with the close of business on any Record Date and ending with the
opening of business on the next following principal or interest
payment date.
IN THE EVENT any Paying Agent/Registrar for this certificate
is changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Certificate Ordinance that
it promptly will appoint a competent and legally qualified
substitute therefor, and promptly will cause written notice thereof
to be mailed to the registered owner of this certificate.
IT IS HEREBY Certificate has beenrduly land recited, aauthori ed covenanted this
delivered] that all acts, conditions, and things required or proper
to be performed, exiet, and be done precedent to or in the
authorization, issuance, end delivery of this Certificate have been
performed, existed, and been done in accordance with law; that this
Certificate is a general obligation of the Issuer, issued on the
full faith and credit thereof; and that annual ad valorem taxes
sufficient to provide for the payment of the interest on and
principal of this Certificate, as such interest comes due and such
principal matures, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged
irrevocably for such payment, within the limit prescribed by law;
and that, together with other ^arity obligations, this Certificate
additionally is payable fri.m and secured by certain surplus
revenues (not to exceed $10,000 in aggregate amount) derived by the
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Issuer from the ownership and operation of City/ i`m
System (consisting of the City's combined waterworks syste~'~
sanitary sewer system, and electric light and power system), all as,
provided in the certificate ordinance.
THE ISSUER has reserved the right to issue, in accordance with
law, and in accordance with the Certificate ordinance, other and
addvalorem tobliaxegations, and to
revenuesnofrthetCityns rUtilityaSystem, on
a parity with, or with respect to said rovenues, superior in lien
to, this Certificate.
BY BECOMING the registered owner of this Certificate, the
registered owner thereby acknowledges all of the terms and
provisions of the Certificate Ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Certificate ordinance
is duly recorded and available for inspection in the official
minutes and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Certificate and the
Certificate ordinance constitute a contract betwoza the registered
owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to
be signed with the manual signature of the Mayor of the Issuer and
countersigned with the manual signature of the City Secretary of
the Issuer, has caused the official seal of the Issuer to be duly
impressed on this Certificate, and has caused this Certificate to
be dated NOVEMBER 1, 1993.
C ty secretary, Mayor,
City of Denton, Texas City of Denton, Texas
(CITY SEAL)
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FORM OF R rrSmr:amr0+l CFRTIFI smo n d~' iC~i?,_,A~l,',,_~~E
COMPTROLLER OF P t ~i. I }
BLIC A r`ntth e= ~ ,
C04PTROLLERIS REGISTRATION CERTIFICATEr REGISTER NO.
I hereby certify that this Certificate has been examined,
certified as to validity, and approved by tho Attorney General of
the State of Texas, and that this Certificate has been registered
by the Comptroller of Public Accounts of the State of Texas.
Witness my signature and seal this
Comptroller of Publ o Accounts
of the State of Texas
(COMPTROLLERPS SEAL)
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Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES,
RealstMtio-n- arg14C• (a) The Issuer shall keep or cause to
be kept at the principal corporate trust office of NATIONSBANK OF
TEXAS, N.A., DALLAS, TEXAS (the "Paying Agent/Registrar") books or
records of the registration and transfer of the Certificates (the
"Registration Books"), and the Issuer hereby appoints the Paying
Agent/Registrar as its registrar and transfer agent to keep such
books or records and make suoh transfers and registrations under
such reasonable regulations as the Issuer and Paying
Agent/Registrar may prescribe; and the Paying Agent/Registrar shall
make such transfers and registrations as herein
Paying Agent/Registrar shall obtain and record in the rovided The
Regi t.ration
Books the address of the registered owner of each Certificate to
which payments with respect to the Certificates shall be mailed, as
herein providedl but it shall be the duty of each registered owner
to notify the Paying Agent/Registrar in writing of the address to
which payments shall be mailed, and such interest payments shall
not be mailed unless such notice has been given. The Issuer shall
have the right to Inspect the Registration Books during regular
business hours of the Paying Agent/Registrar,. but otherwise the
Paying Agent/Registrar shall keep the Registration Books
confidential and, unless otherwise required by law, shall not
permit their inspection by any other entity. Registration of each
Certificate may be transferred in the Registration Books only upon
presentation and surrender of such Certificate to the Paying
Agent/Registrar for transfer of registration and can:a.llation,
together with proper written instruments of assignment, in form and
with guarantse of signatures satisfactory to the Paying
Agent/Registrar, (i) evidencing the assignment of the Certificate,
or any portion thereof in any integral multiple of $5,000, to the
assignee or assignees thereof, and (ii) the right of such assignee
or assignees to have the Certificate or any such portion thereof
registered in the name of such assignee or assignees. Upon the and asnownsubsti uteaCertificateyore Certificates shall be issued in
8
conversion and exchange therefor in the manner herein provided./.~i.l~
The Initial Certificate, to the extent of the unpaid principal
balance thereof, may be assigned and transferred by the initial
registered owner thereof once only, and to one or more assignees
desiggnated in writing by the initial registered owner thereof. All
Certificates issued and delivered in conversion of and exchange for
_he initial Certificate shall be in any denomination or
denominations of any integral multiple of $50000 (subject to the
requirement hereinafter stated that each substitute Certificate
shall have a single stated principal maturity date), shall be in
the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth
in this ordinance, and shall have the characteristics, and may be
assigned, transferred, and converted as hereinafter provided. If
the Initial Certificate or any portion thereof is assigned and
transferred or converted the initial Certificate must be
surrendered to the Paying Agent/Registrar for cancellation, and
each Certificate issued in exchange for any portion of the initial
Certificate shall have a single stated principal maturity date, and
shall not be payable in installmentsi and each such Certificate
shall have a principal maturity date corresponding to the due date
of the installment of principal or portion thereof for which the
substitute Certificate is being exchanged] and each such
Certificate shall bear interest at the single rate applicable to
and borne by such installment of principal or portion thereof for
which it is being exchanged. If only a portion of the Initial
Certificate is assigned and transferred, there shall be delivered
to and registered in the name of the initial registered owner
substitute Certificates in exchange for the unassigned balance of
the Initial Certificate in the same manner as if the initial
registered owner were the assignee thereof. If any Certificate or
portion thereof other than the Initial Certificate is assigned and
transferred or converted each Certificate issued in exchange
therefor shall have the same principal maturity date and bear
interest at the some rate as the Certificate for which it is
exchanged. A form of assignment shall be printed or endorsed on
each Certificate, excepting the initial Certificate, which shall be
executed by the registered owner or its duly authorized attorney or
representative to evidence an assignment thereof. Upon surrender
of any certificates or any portion or portions thereof for transfer
of registration, an authorized representative of the Paying
Agent/Registrar shall make such transfer in the Registration Books,
and shall deliver a now fully registered substitute Certificate or
Certificates, having the characteristics herein described, payable
to such assignee or assignees (which then will be the registered
owner or owners of such new Certificate or Certificates), or to the
previous registered owner in case only a portion of a Certificate
is being assigned and transferred, all in conversion of and
exchange for said assigned Certificate or Certificates or any
portion or portions thereof, in the same form and manner, and with
the same effect, as provided in Section 6(d), bolow, for the
conversion and exchange of Certificates by any registered owner of
a Certificate. The Issuer shall pay the Paying Agent/Registrar0a
standard or customary fees and charges for making such transfer and
delivery of a substitute Certificate or Certificates, but the one
requesting such transfer shall pay any taxes or other governmental
9
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charges required to be
Agent/Registrar shall nctidbe with ras C t#ort
requir registration of any Certificate or anyomake transfers of
e ion theredf re6f'3urin durin he
g the
t
pezending iod commencithe
with ng with the close of business on any Record Date and
opening of business on the next following principal
or interest payment date,
b ownein o_~t griticag, The entity in whose name any
Certificate shall be registered in the Registration Books at any
time shall be deemed and treated as the absolute owner thereof for
all purposes of this ordinance, whether or not such Certificate
shall be overdue, and the Issuer and the Paying Agent/Registrar
shall not be affected by any notice to the contrary] and payment
of, or on account of, the principal of, premium, if any, and
interest on any such Certificate shall be made only to such
registered owner. All such payments shall be valid and effectual
to satisfy and discharge the liability upon such Certificate to the
extent of the sum or sums so paid.
(c) PAymgnt of Certificates and Interest, The Issuer hereby
further appoints the Paying Agent/Registrar to act as the paying
agent for paying the principal of and interest on the Certificates,
and to act as its agent to convert and exchange or replace
Certificates, all as provided in this Ordinance. The Paying
Agent/Registrar shall keep proper records of all
payments Issuer and the Paying Agent/Registrar with repect to madethy
certificates, and of all conversions and exchanges of Certificates,
and all replacements of Certificates, as provided in this
ordinance.
(d) CgAversion and Exchanaa er
Each Renlacementt Autntin~.~ Certificate issued end delivered pursuant to thin~+eordinanc..e,
to the extent of the unpaid principal balance or principal amount
thereof, may, upon surrender of such Certificate at the principal
corporate trust office of the Paying Agent/Registrar, together with
a written request therefor duly executed by the registered owner or
the assignee or asaignees thereof, or its or their duly authorized
attorneys or representatives, with guarantee of signatures
satisfactory to the Paying Agent/Registrar, may, at the option of
the registered owner or such assignee or asaignees, as appropriate,
be converted into and exchanged for fully registered certificates,
without
SSUBSTITUTEInterest
CERTIFICATE coupons, In
fothe rth oin pthisriordinancea in Hthe
d
enomination of $5,000, or any integral multiple of $5,000 (subject
to the
Certificatewshall have aesingle tstated maturity date) 0 an requested
in writing by such registered owner or such assignee or assignees,
In an aggregate principal amount equal to the unpaid principal
balance or principal amount of any Certificate or certificates so
surrendered, and payable to the appropriate registered owner,
assignee, or assignees, as the case may be. if the initial
Certificate is assigned and transferred or converted each
substitute Certificate issued in exchange for any ortion of the
initial Certificate shall have a single stated principal maturity
date, and shall not be payable in #nstallmontsl and each such
10
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Certificate shall have a principal maturity date corresponding to/.
Z
the due date of the installment of prin~Sipah^or-portttlif"t' ieof for 0
which the substitute Certificate is be,Ang P).(gW9gd1-a=1..each such
Certificate shall bear interest at the-single rate applicable to
and borne by such installment of principal or-portion-thereof for
which it is being exchanged. If any Certificate or portion thereof
(other than the Initial Certificate) is assigned and transferred or
converted, each Certificate issued in exchange therefor shall have
the same principal maturity date and bear interest at the same rate
as the Certificate for which it is being exchanged. Each
substitute Certificate shall bear a letter and/or number to
distinguish it from each other Certificate. The Paying
Agent/Registrar shall convert and exchange or replace Certificates
as provided herein, and each fully registered certificate delivered
in conversion of and exchange for or replacement of any Certificate
or portion thereof as permitted or required by any provision of
this ordinance shall constitute one of the Certificates for all
purposes of this ordinance, and may again be converted and
exchanged or replaced. It is specifically provided that any
Certificate authenticated in conversion of and exchange for or
replacement of another Certificate on or prior to the first
scheduled Record Date for the Initial Certificate shall bear
interest from the date of the initial Certificate, but each
substitute Certificate so authenticated after ouch first scheduled
Record Date shall bear interest from the interest payment date next
preceding the date on which such substitute Certificate was so
authenticated, unless such certificate is authenticated after any
Record Date but on or before the next following interest payment
date, in which case it shall bear interest from such next following
interest payment date! provided, however, that if at the time of
delivery of any substitute Certificate the interest on the
Certificate for which it is being exchanged is due but has not been
paid, then such Certificate shall bear interest from the date to
which such interest haj been paid in full. THE INITIAL CERTIFICATE
issued and delivered pursuant to this Ordinance is not required to
be, and shall not bo, authenticated by the Paying Agent/Registrar,
but on each substitute Certificate issued in conversion of and
sxchange for or replacement of any Certificate or Certificates
issued under this ordinance there shall be printed a certificate,
in the form substantially as follows
"PAYING AGENT/REGISTRARPS AUTHENTICATION CERTIFICATE
It is hereby certified that this Certificate has been issued
under the provisiono of the Certificate ordinance described on the
face of this Certificates and that this Certificate has been issued
in conversion of and exchange for or replacement of a certificate,
certificates, or a portion of a certificate or certificates of an
issue which originally was approved by the Attorney Conaral of the
State of Texas and registered by the Comptroller of Puhlio Accounts
of the State of Texas.
11
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NATIONSJU qF TEXAS, N.A., l,r~0
DALLA ~i6-___,.__
Paying0, gq, e istrar
Dated By 1'~-''j.`__
Author zed Representat ve"
An authorized representative of the Paying Agent/Registrar shall,
before the delivery of any such Certificate date and manua
the above Certificate, and no such Certificate shall be deemed to
be issued or outstanding unless such Certificate is so executed.
The Paying Agent/Registrar promptly shall cancel all Certificates
surrendered for conversion and exchange or replacement. No
additional ordinances, orders, or resolutions need be passed or
adopted by the governing body of the Issuer or any other body or
person so as to accomplish the foregoing conversion and exchange or
replacement of any Certificate or portion thereof, and the Paying
Agent/Registrar shall provide for the printing, execution, and
delivery of the substitute certificates in the manner prescribed
herein, and said Certificates shall be of type composition printed
on paper with lithographed or steel engraved borders of customary
weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art.
717k-6, and particularly Section 6 thereof, the duty of conversion
and exchange or replacement of Certificates as aforesaid is hereby
imposed upon the Paying Agent/Registrar, and, upon the execution of
the above Paying Agent/Registrar's Authentication Certificate, the
converted and exchanged or replaced Certificate shall be valid,
Incontestable, and enforceable in the same manner and with the same
effect as the initial Certificate which originally was issued
pursuant to this ordinance, approved by the Attorney General, and
registered by the Comptroller of Public Accounts. The issuer shall
pay the Paying Agent/Registrar's standard or customary fees and
charges for transferring, converting, and exchanging any
Certificate or any portion thereof, but the one requesting any such
transfer, conversion, and exchange shall pay any taxes or
governmental charges required to be paid with respect thereto as a
condition precedent to the exercise of such privilege of conversion
and exchange. The Paying Agent/Registrar shall not be required to
make any such conversion and exchange or replacement of
Certificates or any portion thereof during the period commencing
with the close of business on any Record Date and ending with the
opening of business on the next following principal or interest
payment date.
(e) in General. All certificates issued in conversion and
exchange or replacement of any other Certificate or portion
thereof, (i) shall be issued in fully registered form, without
interest coupons, with the principal of and interest on such
Certificates to be payable only to the registered owners thereof,
(ii) may be transferred and assigned, (iii) may be converted and
exchanged for other Certificates, (iv) shall have ,;he
characteristics, (v) shall be signed and sealed, and (vi) the
principal of and interest on the certificates shall be payable, all
12
f i
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Ager~da~tem„~~„;5~
as provided, and in the manner reoLr &br Date
-4ndieetedo in the FORH,~W 2s
OF SUBSTITUTE CERTIFICATE set forto.-i n t4is ordingUM
(f) Payment of Fees and Chara£a The Issuer hereby covenants
with the registered owners of the Certificates that it will (i) pay
the standard or customary fees and charges of the Paying
Agent/Registrar for its services with respect to the payment of the
principal of and interest on the Certificates, when due, and (ii)
pay the fees and charges of the Paying Agent/Registrar for services
with respect to the transfer of registration of Certificates, and
with respect to the conversion and exchange of Certificates solely
to the extent above provided in this Ordinance.
(g) Substitute Paying Agent/Regis rar. The Issuer covenants
with the registered owners of the Certificates that at all times
while the certificates are outstanding the Issuer will provide a
competent and legally qualified bank, trust company, financial
institution, or other agency to act as and perform the services of
Paying Agent/Registrar for the Certificates under this Ordinance,
and that the Paying Agent/Registrar will be one entity. The Issuer
reserves the right to, and may, at its option, change the Paying
Agent/Registrar upon not less than 120 days written notice to the
Paying Agent/Registrar, to be effective not later than 60 days
prior to the next principal or interest payment date after such
notice. In the event that the entity at any time acting as Paying
Agent/Registrar (or its succdssor by merger, acquisition, or other
method) should resign or otherwise cease to act as such, the Issuer
covenants that promptly it will appoint a competent and legally
qualified bank, trust company, financial institution, or other
agency to act as Paying Agent/Registrar under this Ordinance. Upon
any change in the Paying Agent/Registrar, the previous Paying
Agent/Registrar promptly shall transfer and deliver the
Registration Books (or a copy thereof), along with all other
pertinent books and records relating to the Certificates, to the
new Paying Agent/Registrar designated and appointed by the Issuer.
Upon any change in the Paying Agent/Registrar, the Issuer promptly
will cause a written notice thereof to be sent by the new Paying
Agent/Registrar to each registered owner of the Certificates, by
United States mail, first-class postage prepaid, which notice also
shall give the address of the new Paying Agent/Registrar. By
accepting the position and performing as such, each Paying
Agent/Re istrar shall be deemed to have agreed to the provisions of
this Ordinance, and a certified copy of this Ordinance shall be
delivered to each Paying Agent/Registrar.
Section FORM OF SUBSTITUTE CERTIFICATES. The form of all
Certificates issued in conversion and exchange or replacement of
any other Certificate or portion thereof, including the form of
Paying Agent/Registrar's certificate to be printed on each of such
Certificates, and the Form of Assignment to be printed on each of
the Certificates, shall be respectively, substantially as follows,
with such appropriate variations, omissions, or insertions as are
permitted or required by this Ordinance.
13
4
FORM OF SL)RSTTmi'mr Wren
(book-Entry Only Legend, if apprbpYiatB~~'~
NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT
STATE OF TEXAS $
COUNTY O
CITY OF DENTON CERTIFICATE OF OBLIGATION
SERIES 1993-A
INTEREST nmr~TT ORIGINAL ISSUE
----2A_TE CUS I p NO
}
November it 1993 _
ON THE MATURITY DATE specified above the CITY OF DENTON, in
Denton County, Texas (the "Issuer"), being a political subdivision
of the State of Texas, hereby promises to pay to
or to the registered assignee hereof I
called the 81registered owner" the (either being hereinafter
principal amount of
and to pay interest thereon, calculated on the basis of a 360-day
year composed of twelve 30-day months, from NOVEMBER 10 1993, to
the maturity date specified above, at the interest rate per annum
specified abovet with interest being payable on JULY 1, 1994, and
semiannually on each JANUARY 1 and JULY 1 thereafter, except that
if the date of authentication of this Certificate is later than the
first Record Date (hereinafter defined), such
shall bear interest from the interest payment dater no tp preceding
the date of authentication, unless ouch date of authentication is
after any Record Date (hereinafter defined) Lut on or before the
next following interest payment date, in which case such principal.
amount shall bear interest from such next following interest
payment date.
THE PRINCIPAL ON AND INTEREST ON this Certificate are payable
in lawful money of the United States of America, without exchange
or collection charges. The principal of this Certificate shall be
paid to the registered owner hereof upon presentation and surrender
this
of Certificate at NATIONS BANK OF TEXAS N.tA f DALLAS TEX AS,rwhich is the
"Paying Agent/Registrar" for this Certificate, The payment of
interest on this Certificate shall be made by the Paying
Agent/Registrar to the registered and owner hereof on each interest
by the Paying bAgecheck dated nt/Registrars on such payablessolely from# ate, funds drawn
of
the Issuer required by the ordinance authorizing the issuance of
the Certificates (the "Certificate Ordinance") to be on deposit
with the Paying Agent/Registrar for such purpose as hereinafter
14
I
I
~ I
I
I
gvdaNu _I3~p
71 S J'
4gef~a tem._._._
provided: and such check shall be sent by the Payji
Agent/Registrar by United States mail, first-class postage prepai ,
on each such interest payment date, to th ,fag tered owner hereof,
at the address of the registered owner, alit" e'did"3FEie close
of business on the 15th day of the month',nekt:ppacading_each such
date (the "Record Date") on the Registpa~ion Books kept by the
Paying Agent/Registrar, as hereinafter de`;cribed.-"'However, the
payment of such interest may be made by any other method acceptable
to the Paying Agent/Registrar and requested by, and at the risk and
expense of, the registered owner hereof. The Issuer covenants with
the registered owner of this certificate that on or before each
principal payment date, interest payment date, and accrued interest
payment date for this Certificate it will make available to the
Paying Agent/Registrar, from the "Interest and Sinking Fund"
created by the Certificate ordinance, the amounts required to
provide for the payment, in immediately available funds, of all
principal of and interest on the Certificates, when due.
IF THE DATE for the payment of the principal of or interest on
this Certificate shall be a Saturday, Sunday, a legal holiday, or
a day on which banking institutions in the City where the Paying
Agent/Registrar is located are authorized by law or executive order
to close, then the date for such payment shall be the next
succeeding day which is not such a Saturday, Sunday, legal holiday,
or day on which banking institutions are authorized to close: and
payment on such date shall have the same force and effect as if
made on the original date payment was due.
THIS CERTIFICATE is one of an issue of Certificates initially
dated NOVEMBER i, 1993, authorized in accordance with the
Constitution and laws of the State of Texas in the principal amount
of $21705,0001 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-WIT: (1) RENOVATING CERTAIN
MUNICIPAL BUILDINGS OF THE CITY AND (2) THE PURCHASE OF LAND AND
CONSTRUCTION OF A LANDFILL SITE! AND ALSO FOR THE PURPOSE OF PAYING
ALL OR A PORTION OF THE CITY'S CONTRACTUAL OBLIGATIONS FOR
PROFESSIONAL SERVICES OF ENGINEERING, ATTORNEYS, AND FINANCIAL
ADVISORS IN CONNECTION WITH THE ABOVE CONTRACTS AND SAID
CERTIFICATES OF OBLIGATION*
THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY
INTEGRAL MULTIPLE OF $50000 may be assigned and shall be
transferred only in the Registration Books of the Issuer kept by
the Paying Agent/Registrar acting in the capacity of registrar for
the Certificates, upon the terms and conditions set forth in the
certificate Ordinance. Among other requirements for such
assignment and transfer, this Certificate must be presented and
surrendered to the Paying Agent/Registrar, together with proper
instruments of assignment, in form and with guarantee of signatures
satisfactory to the Paying Agent/Registrar, evidencing assignment
of this Certificate or any portion or portions hereof in any
integral multiple of $5,000 to the assignee or assignees in whose
name or names this Certificate or any such portion or portions
hereof is or are to be transferred and registered. The form of
15
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Agendai~sm ' ~
the Depository Trust Company ("DTC01) New Yorko New n, ~ y
will act as depository for the Certificates. DTC has krepresented
that it is a limited purpose trust company incorporated under the
laws of the state of New York, a meml$*k) of_.the.SaderaI Reserve
System, a "clearing corporation" within the meaning of the New York
Uniform Commercial Code, and a "clea'rin4 ,jsn'cyw'-MIsE®red under
Section 17A of the federal Securitise-Exchanga_Act of 1934, as
amended, and the Issuer accepts, but in no way verifies, such
representations. The initial certificate authorized by this
ordinance shall be delivered to and registered in the name of the
Purchaser. However, it is a condition of delivery and sale that
the Purchaser, immediately after such delivery, shall cause the
Paying Agent/Registrar, as provided for in this ordinance, to
cancel said initial Certificate and deliver in exchange therefor a
substitute certificate for each maturity of such Initial
certificate, with each such substitute Certificate to be registered
in the name of CEDE i Co., the nominee of DTC, and it shall be the
duty of the Paying Agent/Registrar to take such action. It is
expected that DTC will hold the certificates on behalf of the
Purchaser and/or the DTC Participants, as defined and described in
tits official Statement referred to and approved in section 14
hereof (the °DTC Participants"). So long as each certificate is
registered in the name of CEDE i CO., the Paying Agent/Registrar
shall treat and deal with DTC in all respects the same as if it
were the actual and beneficial owner thereof. It is expected that
DTC will maintain a book entry system which will identify
beneficial ownership of the Certificates by DTC Participants in
integral amounts of $5,000, with transfers of ownership being
effected on the records of DTC and the DTC Participants pursuant to
rules and regulations established by them, and that the substitute
Cert4ficates initially deposited with DTC shall be immobilized and
not be further exchanged for substitute Certificates except as
hereinafter provided. The Issuer is not responsible or liable for
any functions of DTC, will not be responsible for paying any fees
or charges with respect to its services, will not be responsible or
liabla for maintaining, supervising, or reviewing the records of
DTC or the DTC Participants, or protecting any interests or rights
of the beneficial owners of the Certificates. It shall be the duty
of the Purchaser and the DTC Participants to make all arrangements
with DTC to establish this book-entry system, the beneficial
ownership of the Certificates, and the method of paying the foes
and charges of DTC. The Issuer does not represent, nor does it in
any way covenant that the initial book-entry system established
with DTC will be maintained in the future. The Issuer reserves the
right and option at any time in the future, in its sole discretion,
to terminate the DTC (CEDE i CO.) book-entry only registration
requirement described above, and to permit the certificates to be
registered in the name of any owner. If the 1.esuer exercises its
right and option to terminate such requirement, it shall give
written notice of such termination to the Paying Agent/Registrar
and to DTC, and thereafter the Paying Agent/Registrar shall upon
presentation and proper request, register any Certificate fr. any
name as provided for in this Ordinance. Notwithstanding the
initial establishment of the foregoing book-entry system with DTC,
if for any reason any of the originally delivered substitute
26
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Agenda NO. y9 "
Agendattem T 7
[~te_ //-1 93
Certificates is duly filed with the Paying Agent/Registr h
proper request for transfer and sl~pstitution,~.-provided for in
this ordinance, substitute Certif ate*,.,, ill be duly delivered as
provided in this ordinance, and ~thake°" 5rill-tt# -Ko-"assurance or
representation that any book-entry,,system_will_be maintained for
such Certificates.
Section 17. FURTHER PROCEDURES. The Mayor of the Issuer, the
City Secretary of the Issuer, and all other officers, employees,
and agents of the Issuer, and each of them, shall be and they are
hereby expressly authorized, empowered, and directed from time to
time and at any time to do and perform all such acts and things and
to execute, acknowledge, and deliver in the name and under the
corporate seal and on behalf of the Issuer all such instruments,
whether or not herein mentioned, as may be necessary or desirable
in order to carry out the tarns and provisions of this Certificate
Ordinance, the Certificates, the sdle of the Certificates, and the
Notice of Sale and Official Statement! and the Director of Finance
of the City shall cause the expenses of issuance of the
Certificates to be paid from the proceeds of sale of the initial
Certificate. In case any officer whose signature shall appear on
any Certtficate shall cease to be such officer before the delivery
of such Certificate, such signature shall nevertheless be valid and
sufficient for all purposes the same as if such officer had
remained in office until such delivery.
i
27
gendaNo.
A esdalierm•r~~
It is the understanding of the issuer that the v a to
contained herein are intended to assure compliance with thre Code
and any regulations or rulings prpp~mulgated by the U.S. Department
of the Treasury pursuant thereto. 'YX its-event-_that-regulations or
rulings are hereafter promulgoted,,.ypich modify, or expand
provisions of the Code, as appl table to"tt"ie Certificates, the
Issuer will not be required to co ply-with any-covenant contained
herein to the extent that such failure to comply, in the opinion of
nationally-recognized bond cnunsel, will not adversely affect tAs
exemption from federal ir,cime taxation of interest on the
Certificates under section 1u3 of the code. In the event that
regulations or rulings are in furtherance of such Intention, the
Issuer hereby authorizes and directs the Mayor and/or the Director
of Finance of the Issuer to execute any documents, certificates or
reports required by the Code and to make such elections, on behalf
of the Issuer, which may be permitted by the Code as are consistent
with the purpose for the issuance of the Certificate.
Section 14. SALE OF INITIAL CERTIFICATE. The Initial
Certificate is hereby sold and shall be delivered to
for cash for the par value
thereof and accrued interest thereon to date of delivery, plus a
premium of $ . It is hereby officially found,
determined, and declared that the Initial Certificate has been sold
at public sale to the bidder offering the lowest interest cost,
after receiving sealed bids pursuant to an Official Notice of Sale
and Bidding Instructions and Official Statement dated October 19,
1993, prepared and distributed in connection with the sale of the
Initial Certificate. Said Official Notice of Sale and Bidding In-
structions and Official Statement, and any addenda, supplement, or
amendment thereto have been and are hereby approved by the Issuer,
and their use in the offor and sale of the Certificates is hereby
approved. It is further officially found, determined, and declared
that the statements and representations contained in said official
Notice of Sale and official statement are true and correct in all
material respects, to the best knowledge and belief of the City
Council and the Issuer.
Section 15. INTEREST EARNINGS ON CERTIFICATE PROCEEDS,
Interest earnings derived from the investment of proceeds from the
sale of the Initial Certificate shall be used along with other
proceeds for the purposes for which the Certificates are issuedi
provided that after completion of such purposes, if any of such
interest earnings remain on hand, such interest earnings shall be
deposited in the Interest and Sinking Fund. It is further
provided, however, that any interest earnings on certificate
proceeds which are required to be rebated to the United States of
America pursuant to Section 13 hereof in order to prevent the
Certificates from being "arbitrage bonds" within the meaning of the
code shall be so rebated and not considered as interest earnings
for the purposes of this Section.
Section 16. DTC REGISTRATION. The certificates initially
shall be issued and delivered in such manner that no physical
distribution of the Certificates will be made to the public, and
25
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Assignment printed or endorsed on this Certifica e sha /Se
executed by the registered owner or its du~y,aut' ~Iorized attorn6y or
representative, to evidence the assigf'ent' hereof, A- new
Certificate or Certificates payable to subh"4ivig.n
.Lee or assignees
(which then will be the new registered owner or owners of•sUth new
Certificate or Certificates), or to the prr6lous registered owner
in the case of the assignment and transfer of only a portion of
this Certificate, may be delivered by the Paying Agent/Registrar in
conversion of and exchange for this Certificate, all in the form
and manner as provided in the next paragraph hereof for the
conversion and exchange of other Certificates. The Issuer shall
pay the Paying Agent/Registrar's standard or customary fees and
charges for making such transfer, but the one requesting such
transfer shall pay any taxes or other governmental charges required
to be paid with respect thereto. The Paying Agent/Registrar shall
not be required to make transfers of registration of this
Certificate or any portion hereof during the period commencing with
the close of business on any Record Date and ending with the
opening of business on the Zext following principal or interest
payment date. The registered owner of this Certificate shall be
deemed and treated by the Issuer and the Paying Agent/Registrar as
the absolute owner hereof for all purposes, including payment and
discharge of liability upon this Certificate to the extent of such
payment, and the Issuer and the Paying Agent/Registrar shall not be
affected by any notice to the contrary.
ALL CERTIFICATES OF THIS SERIES are issuable solely as fully
registered certificates, without interest coupons, in the
denomination of any integral multiple of $5,000. As provided in
the Certificate Ordinance, this Certificate, may, at the request of
the registered owner or the assignee or assignees hereof, be
converted into and exchanged for a like aggregate principal amount
of fully registered certificates, without interest coupons, payable
to the appropriate registered owner, assignee, or assignees, as the
case may be, having the same maturity date, and bearing interest at
the same rate, in any denomination or denominations in any integral
multiple of $5,000 as requested in writing by the appropriate
registered owner, assignee, or assignees, as the case may be, upon
surrender of this Certificate to the Paying Agent/Registrar for
cancellation, all in accordance with the form and procedures set
forth in the Certificate ordinance. The Issuer shall pay the
Paying Agent/Registrar's standard or customary fees and charges for
transferring, converting, and exchanging any Certificate or any
portion thereof, but the one requesting such transfer, conversion,
and exchange shall pay any taxes or governmental charges required
to be paid with respect thereto as a condition precedent to the
exercise of such privilege of conversion and exchange. The Paying
Agent/Registrar shall not be required to make any such conversion
and exchange during the period commencing with the close of
business on any Record Date and ending with the opening of business
on the next following principal or interest payment date.
IN THE EVENT any Paying Agent/Registrar for the certificates
is changed by the Issuer, resigns, or otherwise ceases to act as
such, the Issuer has covenanted in the Certificate ordinance that
16
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Ak~odaltp---Z
it promptly will appoint a co4VUk- an4-legally qualf i
substitute therefor, and promptly uili',da%%e written-ffb"tice ther~f
to be mailed to the registered owgp'rs_of the Certificates.
IT IS HEREBY certified, recited, and covenanted that this
Certificate has been duly and validly authorized, issued, and
delivered; that all acts, conditions, and things required or proper
to be performed, exist, and be done precedent to or in the
authorization, issuance, and delivery of this Certificate have been
performed, existed, and been done in accordance with law; that this
Certificate is a general obligation of the issuer, issued on the
full faith and credit thereof; and that annual ad valorem taxes
sufficient to provide for the payment of the interest on and
principal of this Certificate, as such interest comes due and such
principal matures, have been levied and ordered to be levied
against all taxable property in the Issuer, and have been pledged
irrevocably for such payment, within the limit prescribed by law;
and that, together with other parity obligations, this Certificate,
and the other Certificates of this Series, additionally are payable
from and secured by certain surplus revenues (not to exceed $10,000
in aggregate amount) derived by the issuer from the ownership and
operation of the city's Utility system (consisting of the City0s
combined waterworks system, sanitary sewer system, and electric
light and power system), all as provided in the Certificate
Ordinance.
THE ISSUER has reserved the right to issue, in accordance with
law, and in accordance with the Certificate ordinance, other and
additional obligations, and to enter into contracts, payable from
ad valorem taxes and/or revenues of the City's Utility System, on
a parity with, or with respect to said revenues, superior in lien
to, this Certificate.
BY BECOMING the registered owner of this Certificate, the
registered owner thereby acknowledges all of the terms and
provisions of the Certificate ordinance, agrees to be bound by such
terms and provisions, acknowledges that the Certificate Ordinance
is duly recorded and available for inspection in the official
minutes and records of the governing body of the Issuer, and agrees
that the terms and provisions of this Certificate and the
Certificate Ordinance constitute a contract between each registered
owner hereof and the Issuer.
IN WITNESS WHEREOF, the Issuer has caused this Certificate to
be signed with the manual or facsimile signature of the Mayor of
the Issuer and countersigned with the manual or facsimile signature
of the City Secretary of the Issuer, and has caused the official
seal of the Issuer to be duly impressed, or placed in facsimile, on
this Certificate.
city Secretary, Mayor,
City of Denton, 'T'exas City of Denton, Texas
(CITY SEAL)
17
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Agenda No 93
Agendaltem
FOPM OF PAYING AGENT/REGIS'M'S AUTHENTI94ijQN TIFICATE~
PAYING AGENT/REGISTRAR'S AUTHENTICATIOW CERTRZ-CATER
i
It is hereby certified that this Certificate has been issued
under the provisions of the Certificate Ordinance described on the
face of this Certificates and that this Certificate has been issued
in conversion of and exchange for or replacement of a certificate,
certificates, or a portion of a certificate or certificates of an
issue which originally was approved by the Attorney General of the
State of Texas and registered by the Comptroller of Public Accounts
of the State of Texas.
NATIONSBANK OF TEXAS, N.A.,
DALLAS, TEXAS
Paying Agent/Registrar
Dated By
Authorized Representative
FORM OF ASSIGNMENT:
ASSIGNMENT
FOR VALUE RECEIVED, the undersigned registered owner of this
certificate, or duly authorized representative or attorney
thereof, hereby assigns this Certificate to
i
/ -J
(Assignee's Social (print or typewrite Assignee's name and
Security or Taxpayer address, including zip code)
Identification Number
and hereby irrevocably constitutes and appoints
attorney to transfer the registration of this Certificate on the
Paying Agent/Registrar's Registration Books with full power of
substitution in the premises.
Dated:
Signature Guaranteedt
19
NOTICE:
This signature must be Registere owner ff
guaranteed by a member of the NOTICES This signature mus
New York Stock Exchange or a correspond with the name o
commercial bank or trust the Registered Owner appear-
company. ing on the face of this Cer-
tificate.
Section 8. (a) TAX LEVY. A special Interest and Sinking
Fund (the "Interest and Sinking Fund") is hereby created solely for
the benefit of the Certificates, and the Interest and Sinking Fund
shall be established and maintained by the Issuer at an official
depository bank of the Issuer. The Interest and Sinking Fund shall
be kept separate and apart from all other funds and accounts of the
Issuer, and shall be used only for paying the interest on and
principal of the certificates. All ad valorem taxes levied and
collected for and on account of the Certificates shall be
deposited, as collected, to the credit of the Interest and Sinking
Fund. During each year while any of the Certificates or interest
thereon are outstanding and unpaid, the governing body of the
Issuer shall compute and ascertain a rate and amount of ad valorem
tax which will be sufficient to raise and produce tr.e money
required to pay the interest on the Certificates as such interest
becomes due, and to provide and maintain a sinking fund adequate to
pay the principal of its certificates as such principal matures
(but never less than 2% of the original principal amount of the
Certificates as a sinking fund each year); and said tax shall be
based on the latest approved tax rolls of the Issuer, with full
allowance being made for tax delinquencies and the cost of tax
collection. Said rate and amount of ad valorem tax is hereby
levied, and is hereby ordered to be levied, against all taxable
property in the Issuer for each year while any of the Certificates
or interest thereon are outstanding and unpaid, and said tax shall
be assessed and collected each such year and deposited to the
credit of the aforesaid interest and Sinking Fund. Said ad valorem
taxes sufficient to provide for the payment of the interest on and
principal of the Certificates, as such interest comes due and such
principal matures, are hereby pledged for such payment, within the
limit prescribed by law.
(b) APPROPRIATION. There is hereby appropriated from surplus
funds of the Issuer now on hand and lawfully available for such
purpose, and shall be deposited into the Interest and Sinking Fund
for the Certificates, the amount of money required to pay the
interest coming due on the Cortificates on July 1, 1994. The money
thus appropriated and deposited shall be used for no purpose other
than to pay said interest on the Certificates. The appropriate
officials of the Issuer are hereby authorized and directed to do
any and all things necessary or convenient to accomplish said
appropriation and deposit.
Section 9. SURPLUS REVENUES. The Certificates additionally
shall be payable from and secured by surplus revenues, to the
extent hereinafter permitted, derived by the issuer from the
ownership and operation of the Issuer,'s Utility System (co;isisting
19
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Apendalte ~i~t~-''A~--~-
Date-
of its combined waterworks system,,,sanltary sewer system, and2
electric light and power system) remaini'ng aFter aj-payment of all
amounts constituting operation and'taalntdnanca-expanses of said
Utility System, and (b) payment of all debt service, reserve, and
other requirements and amounts required 'to"--be paid under all
ordinances heretofore or hereafter authorizing (i) all bonds and
(ii) all other obligations not on a parity with the Certificates,
which are payable from and secured by any Utility System revenues,
and (c) payment of all amounts payable from any Utility System
revenues pursuant to contracts heretofore or hereafter entered into
by the Issuer in accordance with law (the l'Surplus Revenues"). if,
for any reason, the Issuer fails to deposit ad valorem taxes levied
pursuant to section 8 hereof to the credit of the Interest and
Sinking Fund in an amount sufficient to pay, when due, the
principal of and interest on the Certificates, then Surplus
Revenues, to the extent hereinafter permitted, shall be deposited
to the credit of the interest and sinking Fund and used to pay such
principal and/or interest. A maximum aggregate of $10,000 of
Surplus Revenues may be used to pay principal and/or interest on
the Certificates and any obligations on a parity therewith. The
Certificates and any obligations on a parity therewith are not, and
shall not be deemed to be, payable from or secured by any Surplus
Revenues in excess of an aggregate of $10,000. Until and unless an
aggregate of $10,000 of Surplus Revenues actually is used to pay
any such principal and/or interest, additional obligations, payable
from and secured by all or any remaining unused part of said
aggregate of $10,000 of Surplus Revenues, may be issued by the
Issuer on a parity with the certificates and any other then
outstanding parity obligations, with the Certificates and all such
additional parity obligations to be payable from and secured
equally and ratably by all or any remaining unused part of said
aggregate. The Issuer reserves, and shall have, the right to issue
bonds, and other obligations not on a parity with the Certificates,
and to enter into contracts, in accordance with applicable laws, to
be payable from and secured by any Utility System revenues other
than the aggregate of $10,000 of Surplus Revenues as described
above. The Certificates are on a parity with those issues of City
of Denton Certificates of Obligation, Series 1987-A, Series 1989,
Series 1989-A, Series 19910 Series 19920 and Series 1993, as
permitted in the ordinances authorizing samet and it is hereby
found and determined that none of the above defined Surplus
Revenues have ever been used to pay any principal and/or interest
on said City of Denton Certificates of Obligation, Series 1987-A,
Series 1989, Series 1989-A, Series 1991, Series 1992, or Series
1993.
Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certificate
and the interest thereon shall be deemed to be paid, retired, and
no longer outstanding (a "Defeased Certificate") within the meaning
of this Ordinance, except to the extent provided in subsection (d)
of this section, when payment of the principal of such Certificate,
plus interest thereon to the due date either (i) shall have been
made or caused to be made in accordance with the terms thereof, or
(ii) shall have been provided for on or before such due date by
irrevocably depositing with or making available to the Paying
20
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AgendaNo.~~___D y,Z
Agendakem
bate __LLZI
Agent/Registrar for such payment (1) lawful money of the Un 2
States of America sufficient to make such payment or (2) Government
Obligations which mature as to' pffiitcipal--BM"Interest in such
amounts and at such times as wil.insye the y~ilability, without
reinvestment, of sufficient money-to pr v de for such payment, and
when proper arrangements have been.-made-by-the- Issuer with the
Paying Agent/Registrar for the payment of its services until all
Defeased Certificates shall have become due and payable. At such
time as a Certificate shall be deemed to be a Defeased Certificate
hereunder, as aforesaid, such Certificate and the interest thereon
shall no longer be secured by, payable from, or entitled to the
benefits of, the ad valorem taxes herein levied and pledged as
provided in this Ordinance, and such principal and interest shall
be payable solely from such money or Government Obligations.
(b) Any moneys so deposited with the Paying Agent/Registrar
may at the written direction of the Issuer also be invested in
Government Obligations, maturing in the amounts and times as
hereinbefore set forth, and all income from such Government
obligations received by the Paying Agent/Registrar which is not
required for the payment of the Certificates and interest thereon,
with respect to which such money has been so deposited, shall be
turned over to the Issuer, or deposited as directed in writing by
the Issuer.
shall mean direct obligations Obligations" of the United St tes of American
including obligations the principal of and interest on which are
unconditionally guaranteed by the United States of America, which
may be United States Treasury obligations such as its State and
Local Government Series, which may be in book-entry form.
(d) Until all Defeased Certificates shall have become due and
payable, the Paying Agent/Registrar shall perform the services of
Paying Agent/Registrar for such Defeased certificates the same as
if they had not been defeased, and the Issuer shall make proper
arrangements to provide and pay for such services as required by
this Ordinance.
Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED
CERTIFICATES. (a) Replacement rtificatea, In the event any
outstanding Certificate is damaged, mutilated, lost, stolen, or
destroyed, the Paying Agent/Registrar shall cause to be printed,
executed, and delivered, a new certificate of the same principal
amount, maturity, and interest rate, as the damaged, mutilated,
lost, stolen, or destroyed Certificate, in replacement for such
Certificate in the manner hereinafter provided.
(b) Application for R placement Cer ifi ates. Application
for replacement of damaged, mutilated, lost, stolen, or destroyed
certificates shall be made by the registered owner thereof to the
Paying Agent/Registrar. In every case of loss, theft, or
destruction of a Certificate, the registered owner applying for a
replacement certificate shall furnish to the Issuer and to the
Paying Agent/Registrar such security or indemnity as may be
21
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AgendaNo ` '"09z
Agodaliem y
date
required by them to save each of them harmless from any loss
damage with respect thereto An~ lggqq, in ev sa u of loss, thefet
or destruction of a Certificlif the reg s ered owner shall furnish
to the Issuer and the Payihy',Aijejt ~et&..«evidence to their
satisfaction of the loss.,, theft, or destruction. of such
certificate, as the case miy~-be.--:Tn"'e 'every case of damage or
mutilation of a Certificate, the registered owner shall surrender
to the Paying Agent/Registrar for cancellation the Certificate so
damaged or mutilated.
(c) No Default Occurr Notwithstanding the foregoing
provisions of this Section, in the event of any such Certificate
shall have matured, and no default has occurred which is then
continuing in the payment of the principal of, or interest on the
certificate, the Issuer may authorize the payment of the same
(without surrender thereof except in the case of a damaged or
mutilated certificate) instead of issuing a replacement
Certificate, provided security or indemnity is furnished as above
provided in this section.
(d) Charge for Issuing Replac ment ificatet. Prior to
the issuance of any replacement certificate, the Paying
Agent/Registrar shall charge the registered owner of such
certificate with all legal, printing, and other expenses in
connection therewith. Eve replacement
pursuant to the provisions of this ection by virtue of ethesfact
that any certificate is lost, stolen, or destroyed shall constitute
a contractual obligation of the Issuer whether of not the lost,
stolen, or destroyed Certificate shall be found at any time, or be
enforceable by anyone, and shall be entitled to all the benefits of
this ordinance equally and proportionately with any and all other
Certificates duly issued under this ordinance.
(e) Authority for Issuing R r~a~pn.ent Certificates. In
accordance with Section 6 of Vernon's Ann. Tex. Civ, St. Art. 717k-
6, this Section of this Ordinance shall constitute authority for
the issuance of an Y
such re
any placement certificate without necessity
of further action by the governing body of the Issuer or any other
body or person, and the duty of the replacement of such
certificates is hereby authorized and imposed upon the Paying
Agent/Registrar, and the Paying Agent/Registrar shall authenticate
and deliver such Certificates in t effect as he form and manner and with ththe
Certificates provided i sued in conversin (d) and of
exthis changerdifo ordinance othfor
er
Certificates.
Section 12. CUSTODy
OF
CERTIFICATES! CERTIFICATE COU SELRSVA OPIN ON, UM CUSIP NRAUMBERS,
PREAMBLE
AN
authorized to Iha e~controlT of the rInitial e CerIssuer is tificate issued
hereunder and all necessary records and proceedings pertaining to
the Initial Certificate pending its delivery and its investigation,
examination, and approval by the Attorney General of the State of
Texas, and its registration by the Comptroller of Public Accounts
of the State of Texas. Upon registration of the Initial
22
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AOaadaVo. 93-~
Ater;da,tem~
z ~
Certificate said Comptroller of Public Accounts (or a depu
designated in writing to act for said Comptroller) shall manuall7'
sign the Comptrollerts Registration) Certificate on the Initial
Certificate, and the seal of sai~f'~o~+~t~cc►l}er-stta2l"be impressed,
or placed in facsimile, on the IPitiA1-i1-,Certi JA_c~Lt
g`_The approving
legal opinion of the Issuer's Bond 6ou se an the assigned CUSIP
numbers may, at the option of thi Issuer,-ko-printed on the Initial
Certificate or on any Certificates issued and delivered in
conversion of and exchange or replacement of any Certificate, but
neither shall have any legal effect, and shall be solely for the
convenience and information of the registered owners of the
Certificates. The preamble to this Ordinance is hereby adopted and
made a part hereof for all purposes.If insurance is obtained on any
of the Certificates, the Initial Certificate and all other
Certificates shall bear an appropriate legend concerning insurance
as provided by the insurer.
Section 13. COVENANTS REGARDING TAX-EXEMPTION. The Issuer
covenants to refrain from taking any action which would adversely
affect, and to take any action required to ensure, the treatment of
the Certificates as obligations described in section 103 of the
Code, the interest on which is not includable in the "gross income"
of the holder for purposes of federal income taxation. In
furtherance thereof, the Issuer covenants as follows:
(a) to take any action to assure that no more than 10
percent of the proceeds of the Certificates or the project
financed therewith (less amounts deposited to a reserve fund,
if any) are used for any "private business use", as defined in
section 141(b)(6) of the Code or, if more than 10 percent of
the proceeds or the project financed therewith are so used,
such amounts, whether or not received by the issuer, with
respect to such private business use, do not, under the terms
of this Ordinance or any underlying arrangement, directly or
indirectly, secure or provide for the payment of more than 30
percent of the debt service on the Certificates, in
contravention of section 141(b)(2) of the Coder
(b) to take any action to assure that in the event that
the "private business use" described in subsection (a) hereof
exceeds 5 percent of the proceeds of the certificates or the
project financed therewith (less amounts deposited into a
reserve fund, if any) then the amount in excess of 5 percent
is used for a "private business use" which is "related" and
not "disproportionate", within the meaning of section
141(b)(3) of the Code, to the governmental user
(c) to take any action to assure that no amount which is
greater than the lesser of $5,000,000, or 5 percent of the
proceeds of the Certificates (less amounts deposited into a
reserve fund, if any) is directly or indirectly used to
finance loans to persons, other than state or local
governmental units, in contravention of section 141(0) of the
Coder
23
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Agenda No
Agendallem, Vs PIP' gate__
(d to refrain from takin
otherwise result in the Certificates bny action which wo tad
activity bonds" within the meaning of section 141(b private
ode: ) of the
C refrai in theeCe tiff ates beifrom t"O'd al a ion h-f would result
meaning of section 149 (b)g OPfe6ZC lgu^~anteed" within the
(f) to refrain from using any po-rti c cg the proceeds of
the certificates, directly or indirectly, to acquire or to
replace funds which were used, directly or indirectly, to
acquire investment property (as defined in section 148(b)(2)
Of the Code) which produces a materially higher yield over the
term of
acquired thewith Certi-
- ficates, other than investment property
(1) proceeds of the Certificates invested for a
reasonable temporary period of 3 years or less, or in the
case of a refunding certificate for a period of 30 days
or less, until such proceeds are needed for the purpose
for which the certificates are issued,
(2) amounts invested in a bona fide debt service
fund, within the meaning of section 1.103-13(b)(12) of
the Treasury Regulations, and
(3) amounts deposited in any reasonably required
reserve or replacement fund to the extent such amounts do
not exceed 30 percent of the proceeds of the
Certificates;
(g) to otherwise restrict the use of the proceeds of the
certificates or amounts treated as proceeds of the
Certificates, as may be necessary, so that the Certificates do
not otherwise contravene the requirements of section 148 of
the Code (relating to arbitrage) and, to the extent
applicable, section 149(d) of the Code (relating to advance
refundings):
(h) to pay to the United States of America at least once
during each five-year period (beginning on the date of
delivery of the Certificates) an amount that is at least equal
to 90 percent of the "Excess Earnings", within the meaning of
section 148(f) of the Code and to pay to the United States of
America, not later that 60 days after the Certificates have
been paid in full, 100 percent of the amount then required to
be paid as a result of Excess Earnings under section 148(f) of
the Code: and
(i) to maintain such records as will anable the issuer
to fulfill its responsibilities under this section and section
148 of the code and to retain such records for at least six
years following the final payment of principal and interest on
the certificates.
24
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CITY
=COUNCI
IT.
v s
s
e
i
~endako. 9 3 -v// 2
CITY COUNCIL REPORT FORMA Ager(daltem
T
Dais _ d !L 93
TOr Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager
SUBJECT: Ordinance for "No Parking" on Grace Temple Avenue
MOMMENDATIONI
Traffic Safety Commission recommends approval
OUR=
This ordinance would prohibit parking on both sides of Grace Temple Avenue from
its intersection with Ponder Street to its intersection with Fulton Street
BACRGROUNDr
Grace Temple Avenue is a narrow residential street. Parking on one side of it
limits two-way traffic. Parking on both sides makes the street almost impassable
and poses potential hazard to area properties due to impaired emergency vehicle
access. One hundred (100%) percent approval of property owners.
PROU MS. DEPARTMENUS, OR GRO P AFFECTED
Engineering b Transportation Department, Police Dept., and the general public
FIS_,AL I_ MPACTr
About $300.00 for signs anA markings
SP ULLY $US T Dt
G.
o V. Harre
Prreepar'ed' byr City Manager
Pau iwu C_Fuy,,u~F E. /
Traffic Engineer
Approvedr
e y C a
D ec or f E gineering i Transportation
AEE0029C/22
~~nda~lo.~~ ~ ~ ! z
All~~dalierrrr..~~ L
MEMORANDUM
DATES September 7, 1993
TOs Traffic Safety Commission
FROMs Paul lwuchukwu, Liaison
SUBJECTS September 13th Meeting
~TEH #1 ELECTION OF Srarbw~m
STEM /2 APPAOVAr OF TU Y 1? 199 MIN-~-UT~3
flEQUEST FOR NO PA.RxIN6 ON 6A_a r TFhPLF AVENUBt
GofraceGraceTemple Baptist Church ie requesting no parking on both sides
Temple Avenue between Ponder Street and Fulton Street. The
street is narrow and when cars are parked on either side, two-way
traffic flow is impossible should such a sit ation arise, would be•adtime of emerenc
versely impacted
by the existing condition.
The church none all the property on the south side and is one of the
two owners of property on the north side. The other owner Is also
in favor of no parking on both sides of Grace Temple.
staff recommends approvtl of an ordinance for no parking on both
sides of Grace Temple Avenue between Ponder Street and Fulton
Street.
Iii
TRAFFIC SAFETY COMMISSION MINUTES
September 13, 1993
page 7
v.2A
ITEM 13 REQUEST FOR NO P ascrun nun r~aCE TEMPLE AVENUEi
Iwuchukwu congratulated Core and Jackson on their election.
Iwuchukwu said this request is for no parking on both sides of Grace
Temple Avenue between Ponder and Fulton streets. This is a narrow
street that is about 20' back to back of curb. When a car is parked
on either side of the street, it is difficult to get two-way traffic
flow. This kind of situation would pose potential problems for
emergency vehicle access. Students have been parking in this area
for a long time. Staff has approached the church in the past to get
a petition signed for no parking. Recently, one of the trustees
aubmitted the petition. There are only two property owners in the
area. The church owns the property on the south side. One third of
the property on the north side is owned by another individual. The
church owns the rest. There is 100♦ approval by property owners in
the area.
STAFF RECOMMENDEDs Approval
COMMISSIONERSt Erwin made a motion to accept staff recommendation. Bacon
seconded the motion, Motion passed unanimously.
i
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AEE002C2
Et\6V00C%%0QD\M0F0L1[.0
----f -J
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROHIBITING THE PARKING
OF VEHICLES ON THE BOTH SIDES OF GRACE TEMPLE AVENUE, FROM ITS
INTERSECTION WITH FULTON STREET TO ITS INTERSECTION WITH PONDER
STREET: PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY NOT TO
EXCEED TWO HUNDRED DOLLARS ($200.00); AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That when signs are erected giving notice thereof,
no person shall park a vehicle upon the following street or portion
thereof, in the City of Denton, to-wit:
Both sides: of Grace Temple Avenue from its intersection
with Fulton Street to its intersection with Ponder Street.
SECTION II. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION III. Any person who shall violate a provision of this
ordinance, or fails to comply therewith or with any of the require-
ments thereof, or of a permit or certificate issued thereunder,
shall be guilty of a misdemeanor punishable by a fine not exceeding
Two Hundred Dollars ($200.00). Each such person shall ba deemed
guilty of a separate offense for each and every day or portion
thereof during which any violation of this ordinance is committed,
or continued, and upon conviction of any such violations such per-
son shall be punished within the limits above.
SECTION IV. That this ordinance shall become effective four-
teen days (14) days from the date of its passage, and the City
Secretary is hereby directed to cause the caption of this ordinance
to be published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1993.
BOB CASTLEBERRY* MAYOR
=CITY
E== COUNCI
~oGacccr~a
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~QOCCCGC~`-~s-
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VnU No, 55-
CITY COUNCIL REPQRT FORMAT ;4endalte~ J
late - 2 - 93'
TOi Mayor and Members of the City Council ~~~8e a
FROM$ Lloyd V. Harrell, City Manager
SUBJECTS ordinance establishing school safety speed zones for Denton High
School west Campus
RECOMMEND TjQ.Nj
Traffic Safety Commission recommends approval
SUMMARya
This ordinance would establish school safety speed zones of 20 mph on portions
of Linden Street, Fulton Street and Crescent Street near the Denton High School
West campus.
BACKGROUNDS
The school zone ordinance for Denton High School West Campus - Ordinance No. 93-
068 - was passed and approved by City Council April 27, 1993. Afternoon
effective time period in that ordinance was 200 p.m. to 300 p.m., and that is
the time currently posted on existing signs. School officials have reported that
afternoon activity time now is 300 p.m. to OIS p.m. and they would like to have
the signs reflect this new time. The proposed ordinance would supersede existing
ordinance INO. 93-068).
PROGRAMS. DEPART rNTS OR GROUP AFFECTED
Engineering & Transportation Department, Police Department, general public
FISCIL IMPAC?.
About $50.00 to update signs
YSP ULLY SUM TEDs
Marro
Prepared bys City manager
au wuc u wu, .E.
Traffic Engineer
Approveds
CA
ryca c
Di~e for 4j_ gineering & Transportation
AEE0029C/21
F
Agenda;
MEMORANDUM
nATE3 September 7, 1993
TOs Traffic Safety Commission
FROMt Paul Iwuchukwu, Liaison
SUBJECTi September 13th Meeting
ITEM 14 MRNDMENT OF SCHOOL ZONE ORDINANCE FOR DENTON HIGH SCHOOL WESTt
The principal of Denton High School West is requesting that the
school zone traffic signs around the school be changed. He is.
concerned that the afternoon time on the speed limit signs 12130,:
p.m. - 3130 p.m.) does not correspond to the actual school bus
activity time. School is dismissed at 3320 p.m. and most buses
don't arrive until 4300 p.m. He is requesting that the afternoon
time be changed to read 3100 p.m. - 41lS p.m.
Staff recommends that ordinance No. 93-068 (copy attached) be
amended to reflect an afternoon effective school speed zone period
of 3s00 p.m. - 41lS p.m. Staff recommends approval.
i
ASS00281
TRAFFIC SAFETY COMMISSION MINUTES
September 13, 1993 9
page a
VjA z-
ITEM 14 &ZNDMENT QF SCHOOL EONS ORpINANCE FOR DENTON HIGH SCHOOL WESTI
Iwuchukwu presented the request. He said DISD Principal, Mr. Milton
Wallace, ham reported that the time net in the school tone ordinance
for the afternoon period does not correspond with the actual
activity in the area. He asked that the ordinance be amended to
read from 3100 p.m. to 4115 p.m. He said that this is the time of
actual school bus activity. It seems this is the prevailing school
traffic time now for the junior highs and high schools. Staff has
received a similar request from Calhoun Junior High. That will be
in the next meeting.
Bacon said that the request states that school is dismissed at 3120
p.m. but the buses don't arrive until 4:00 p.m. Iwuchukwu said
staff called them to confirm that and upon visiting the site
students were lined up for bus pick up.
Dotson said they are the last school picked up.
Jackson asked if this would cause any conflirt with the school zone
on Malone. Iwuchukwu said all the school zones are individually
zoned as the school needs it.
Jackson asked how it was marked on Crescent. Iwuchukwu said there
is a signal light at Crescent and Fulton.
STAFF RECOMMENDED Approval
COMMISSIONERSi Erwin made a motion to grant the variance. Bacon , Bonded the
motion. Motion passed unanimously.
AEE002C2
Denton High School West~
I007~,~~
Dnfon.lamr
(817) 382-9611
FAIT (a17)U74"
Na
Wton VMloce August 3l, 1983
MKFft
Mr. Jerry Clark
215 E. McKinney
Jock Howes Denton, Texas 76201
AWW WFk
Mr. Clark:
I am requesting that the school zone traffic signs around Denton High School
„ w Shaw West be changed. At present, the times on the speed limit signs are:
7:30 a.m. • 8:30 a.m. (mornings) and 2:30 p.m. • 3:30 p.m. (afternoon). S0001 is
dismissed at 3:20 p.m. and most buses don't arrive until 4:00 p.m. Would you
change the afternoon time to read 3:00 p.m. • 4:15 p.m.?
chdI
CO OO Sincerely,
Milton Wallace, Principal
cc: Larry Shaw
Jack Howell
Chief Mike Jez
Captain Dolsor
Norm Sisk
i
I
Et\WPDOCS\ORD\SChool
ORDINANCE NO. _ YO Jr
AN ORDINANCE DESIGNATING AND ESTABLISHING A SCHOOL SAFETY SPEED
ZONE ON PORTIONS OF LINDEN STREET, FULTON STREET AND CRESCENT
STREET NEAR THE DENTON HIGH SCHOOL WEST CAMPUS; REDUCING THE
MAXIMUM PRIMA FACIE SPEED LIMIT FOR SUCH PORTIONS OF SAID STREETS
FROM THIRTY (30) MILES PER HOUR TO TWENTY (20) MILES PER HOUR
DURING CERTAIN HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED
TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Based upon an engineering and traffic investigation
heretofore made as authorized by the provisions of Section 169, Ar-
ticle 6701d, V.T.C.A., the prima facie speed limit of twenty (20)
miles per hour for vehicles is hereby determined and declared to be
prima facie reasonable and safe, and such speed limit is hereby
fixed for vehicles traveling upon the following named streets, or
part thereof during the hereinafter designated hours. The location
s ;of said zones and the hours during which said speed zones shall be
in effect are as follows, to-wit:
Location Hgura in Effect
Both directions of Fulton on school days from 7:30 a.m.
Street from its intersection until e:30 a.m. and from
with Linden Street to its 2:30 p.m. until 3:30 p.m.
intersection with Crescent
Street
On school days from 7:30 a.m.
Both directions of Linden until 8:30 a.m. and from
Street from its intersection 2:30 p.m. until 3:30 p.m.
with Fulton street to its
intersection with Alice Street
On school days from 7;30 a.m.
Both directions of Crescent until 8:30 a.m. and from
Street from its intersection 2:30 p.m, until 3:30 p.m.
with Fulton Street to its
intersection with Bryan Street
SECTION II. When signs are erected giving notice thereof, an
individual adjudged guilty of exceeding this speed limit shall be
guilty of a misdemeanor, and punished by a fine not to exceed Two
Hundred Dollars (200.00).
SECTION III. That if any section, subsection, paragraph, sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the va-
lidity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
21029R -U. That this ordinance shall become effective four-
teen (14) days from the date of its passage, and the City Secretary
is hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official news-
paper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this theOll day of
, 1993.
BOB CA.TLEBERRY, MAYO
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BYs
I
APPROVED AS To LEGAL FORMS
D BRA A. DRAYOVITCH, CITY ATTORNEY
BY
F:\4PDXS\ORD\scmwt.204
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON TEXAS
ESTABLISHING A SCHOOL SAFETY SPEED ZONE ON PORTIONS N OF NLIN EN
STREET, FULTON STREET AND CRESCENT STREET NEAR THE DENTON HIGH
SCHOOL WEST CAMPUS; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT
FOR SUCH PORTIONS OF SAID STREETS FROM THIRTY (30) MILES PER HOUR
TO TWENTY (20) MILES PER HOUR DURING CERTAIN HOURS; PROVIDING A
PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS
PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES 0IN
CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY CF DENTON HEREBY ORDAINS:
SECTION I. Based upon an engineering and traffic investigation
heretofore made as authorized by the provisions of Section 169,
mileslper7hour for.ve vehicles is hereby determined and declared twenty (20)
prima facie reasonable and safe, and such speed limit is hereby
fixed for vehicles traveling upon the following named streets, or
part thereof during the hereinafter designated hours. The location
of said school zones and the hours during which said speed zones
shall be in effect are as follows to-wit:
Location Ii41lCS _in Effect on cC
Both sides of Fulton Street 7:30 a.m. until 8:30 a.m.
from its intersection with Lin- 3:00 p.m. until 4:15 p.m.
den Street to its intersection
with Crescent Street
Both sides of Linden Street 7:30 a.m. until 8:30 a.m.
from its intersection with 3:00 p.m. until 4:15 p.m.
Fulton Street to its intersec-
tion with Alice Street
Both sides of Crescent Street 7:30 a.m. until 8:30 a.m.
from its intersection with 3:00 p.m. until 4:15 p.m.
Fulton Street to its Intersec-
tion, with Bryan Street
SECTION Ii. An individual adjudged guilty of exceeding this
speed limit, when signs are erected giving notice thereof, shall be
guilty of a misdemeanor, and punished by a fine not to exceed Two
Hundred Dollars (200.00).
S
~yry.,•r A14D SECTION III. That if any section, subsection, paragraph; sen-
tence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, sur;h holding shall not affect the
Validity o` the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
force CI That all ordinances or parts of ordinances in when the provisions of this ordinance become effective which
are inconsistent or in conflict with the terms or provisions
contained in this ordinance are hereby repealed to the extent of
any such conflict,
$ECTiON V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be pub-
lished twice in the Denton Record-Chronicle, the official newspaper
of the City of Denton, Texas, within ten (10) days of the date of
its passage.
PASSED AND APPROVED this the day of
1993.
Mw CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM.,
~DESRA A. DRAYOVITCH, CITY ATTORNEY
1
BY `
J
PAGE 2
CITY -
COUNCI
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CITY COUNCIL REPORT Apdj*,-,-Xjf
Dole i z 9.3
TO. Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
DATE= October 26, 1993
I
SUBJECT: PARKS AND RECREATION FEES
RECONNRNDATIONt
thetcodCity Council e of ordinances rtoeprovideifor certain fe s associated 2with
the use of City buildings and facilities= repealing all ordinances
in conflict herewith] and providing for an effective date,
@3TlS!!n
The Parks and Recreation Department proposes to change the
structure of the administrative fees and non-resident fees that are
being assessed to classes and programs. The current fee structure
for classes is based on the following sliding scale:
CURRENT TOTAL
ADMIN. NON-RES. NON-RES.
EASE CLASS PER PEE PEE ASSESSMENT
S 0,00 - $15.00 $2.00 $ 7,00 $ 9,00
$15.01 - $20.00 $3.00 $ 7.50 $10.50
$20,01 - $25.00 $4.00 $10.00 $14.00
$25.01 - $30.00 $5.00 $12.50 $17.50
$30,01 6 UP $5.00 $15.00 $20.00
The Department's fee structure currently includes an administrative
fee that is assessed to all participants. Non-resident
participants are charged an additional fee because of their non-
resident status. The Parks and Recreation Department recognizes
that non-residents should be charged a greater fern for the use of
PARD facilities. However, a recently-conducted survey has
indicated that the current non-resident fee is significantly
greater than those in surrounding cities (Attachment I). The
benefit of restructuring this fee is to more accurately reflect
current market pricing strategies and to encourage greater class
and program participation within the Parks and Recreation
Department. Lower non-resident rates would allow greater non-
resident participation and provide needed enrollment in certain
classes and programs to reduce their cancellation rate.
The Department plans to restructure the current administrative and
non-resident fees by creating separate resident and non-resident
fees. The non-resident fee of $7,00 would Include the $3.50
10073009.WP5
i
9~ -a 1Z
CC RSPCRP/NON-RES. FEES/OCT. 15, 1993 ApendaNo
Page 2 ABE,~da~te ~~dT_--/-z-~~
administrative fee assessment. By reorcn theca fees, the
level of non-resident would to bindividuall programsfand 9
would be easier for staff to
activities.
The proposed administrative and non-resident fees are as follows:
MKINISTRATIVE PEE NON-RESIDENT M
$3.50 $7.00
The Parks and Recreation Department proposes assessing a set fee of
$8.00 per hour to any group or individual selling food, beverages
or merchandise at the Civic Center, Senior Center, recreation
centers, Civic Center Park, North Lakes Park and South Lakes Park.
Staff believes this will benefit the Parks and Recreation
Department by:
fees from the
1, Facilitating Parks and reliability Recreation Department;
sellers by
Increasing current participation of local sellers in events
sponsored by the Parks and Recreation Department;
3. Reducing the impact to staff of calculating and collecting the
current percentage fee due to the Department;
4. increasing major rentals at the Civic Center where an
admission fee is charged; and
in
5. Allowing neighborhood groups wishing without being assesed s the sellers concessions fee,
neighbo
aACxaMM
The Parks and Recreation Department currently charges a minimum of
$7 and a maximum of $15 per class f a nn the base fee The
non-resident fee is based on fifty (50) percent o
to $30, for programs and activities. In addition, a non-resident
participant is also assessed the administrative fae, which is
currently assessed to all participants whether they are residents
or non-residents.
Currently, the Parks and Recreation Department assesses a fee of
ten (10) percent on gross sales from admissions, beverages or fr.;i
sales occurring on public property. This percentage nru
discouraged some potential renters from using City facilities for
their events because the percentage assessment can significantly
reduce their net sales revenues. This assessment has also been
collect difficult to seller's resistance
reveal gr gross sales or because ofactivities that occur
in neighborhood parks that are impossible to monitor.
10073009.WP5
4
t'
CC REPORT/NON-RBS. FSBS/OCT. 15.. 1993 Agendilteal.. z. 4
Page 3
er Orate r
A~P'v 9
The proposed changes to the adminis~ a e;'"'R3n'=~i'd~nt an
seller's fees were discussed with you 01: O s and
Recreation Depar,.ment's FY 1993-94 budg~~l,Fpresentation, (Attachment
II), and have been approved by the Parks anW RIMatton Advisory
Hoard,
kRQMJbJW.A DEPARUEMT9 OR OROUDB A PPECTED i
The Parks and Recreation Department, resident and non-resident
users from the surrounding areas are impacted by the non-resident
fee ordinance. At times, non-resident participation is needed to
help meet minimum enrollments in the Department-'a classes and
programs to reduce current class cancellations. Residents are also
impacted when classes or activities that they have enrolled in must
be cancelled due to below-minimum registration. Due to the reduced
non-resident fee, it is projected that class registrations by non-
residents will increase by approximately 25%. It is also
anticipated that service delivery will be enhanced as a result of
reductions in class cancellations. Residents will be given the
first opportunity to register for classes by being allowed to
register one week before registration opens to non-residents.
Both the Parke and Recreation Department and participating renters
and vendors will be impacted by the hourly seller's fee. This is
due to an anticipated increase in facility usage because of the
reduced sales assessment incurred by the seller and the ease in the
ability of the seller to plan for anticipated costs. Renters will
be able to maintain greater sales revenues for themselves,
encouraging greater use of public facilities. It is projected that
there will be an increase of ten (10) percent in facility usage.
The impact to the Department will be reduced due to the ability of
staff to collect fees without having to rely on the seller to
accurately provide gross sales amounts for the ten (10) percent
calculation.
PIACAL IMPACTS
It is anticipated that by lowering the non-resident fee, the Parks
and Recreation Department would increase program participation.
This increased participation would offset the decrease in those
fees, thereby maintaining the general fund revenue currently being
generated from thesa fees with no real gain or loss being realized.
The decrease in the fee to sellers will be offset by an increase in
usage resulting from the implementation of the hourly fee. It is
anticipated that the increased usage will offset the lower fee so
that no real gain or loss for general fund revenues is realized.
10073009.WP5
p 9REAORT/NON-RKS. FEES/OCT. 15, 1993 4oecdaNo,-
4~C
RE8PECTFULLY 8UBX TED1
Gt
oy V. Harrell
City Manager
PREPARED BY$
Rich Dlugas
Director of Parke and Recreation
APPROVED 8Yt
Betty McKea
Executive Director for
Municipal Services/Economic Development
10073009.WP5
a
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i'
65
G' S ~a E
ORDINANCE NO. AN ORDINANCE OF THE CITY OF DEhTON, TEXAS, AMENDING SEC. 22-28 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON TO PROVIDE cOR
CERTAIN FEES ASSOCIATED WITH THE USE OF CITY BUILDING AND FACILI-
TIESi REPEALING ALL ORDINANCES IN CONFLICT HEREWITH# AND PROVIDING
FOR AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINSI
Ordinances,! City Of Denton, Texas, o is hereby amended t to read as
followst
sec. 22-28. Facility and program fees.
The Department of Parks end Recreation shall charge and collect
the fees for the use of building and facilities and for recreation-
al programs, services, and merchandise offered by the Department in
the amounts established by the City Council by ordinance. All
persons who do not reside or own property within the City shall be
charged an additional fifty (50) percent of the established fee for
the use of buildings and facilities. Any individual or group
selling food, beverages, or merchandise at the Civic Center, Senior
Center, any recreation cantor, Civic Center Park, North Lakes Park
and South Lakes Park shall prepay a fee of $8.00 per hour to the
C
the ity. Any person participating in classes or programs provided by
administrative tfee of Parks of $3.50 an All persons who do not reside charged
own
property within the city shall be charged an additional non-
resident fee of $3.50 for participation in classes or programs
provided by the Department of Parks and Recreation.
The Director of the Department may set, charge and collect fees
for classes, trips, equipment, merchandise, police or supervisory
services, and other programs, services, events and merchandise pro-
vided or offered by the Department where no fee or charge is estab-
lished by ordinance. The fee or charge shall be based on the costs
of providing the event, service, equipment or goods.
SECTION Ii. 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.
SECTION Ill. That the provisions of this ordinance are
separable, and the invalidity of any phrase or part of this
ordinance shall not affect the validity or effectiveness of the
remainder of the ordinance.
i
iatelyup-Io-nits That this ordinance shall Passage and approval become effective immed.
.
PASSED AND APPROVED this the
day of 1993.
BOB CASTLEBERRYI MAYOR
ATTEST,
JENNIFER WALTERS, CITY SECRETARY
BY,
APPROVED AS TO LEGAL FORM,
D RA A. DRA7OVITCH, CITY ATTORNEy
BY, C'
PAGE 2
_ 2U
e*dNo z
SURVEY CONDUCTED vTTH A~ :Item A?j a ~E
c-CfII4FNT I
wmww~
Non-
neRANcH FEE OR $40 PROGRAMS CLASS
dent Resident Non-Resident Fee
ee Fee Guidelines
40 $55 All classes and programs
assessed a sliding fee
from $7 to $15, depending
on resident cost of class
40 $40 $7.30/mth only for senior
Center use; residents are
allowed to register first
ARLINGTON $40 $40 $17 annual fee only
assessed for center usage
CARROLLTON $40 $40 $5/visit fee only assessed
for center usage
GRAND PRAIRIE $40 $40- None
LEWISVILLE $40 $42 $2 non-resident
participation fee for all
classes or programs
MESQUITE $40 $40 $10 annual fee only fqr
athletic programs
MCXINNEY $40 $45 $5 fee assessed per season
or per year if year-round
class.
NORTH RICHLAND $40 $42' Brochure lists the non
HILLS resident fee, then offers
"discount" for residents
PLANO $40 $43 $3 user fee for residents
is doubled
RICHARDSON $40 $40 Residents are allowed to
register first
ATTACHMENT II
WY of DENTON, TEXAS MUNICIPAL BUILDING / 215E MCKINNEY / DENTON, TEXAS 78201
M E M 0 R A N D U K
e i n . a 0 0 i i s
TO., Lloyd Harrell, City Manager
FROM. Rich Dlugas, Director of Parks and Recreation
DATE: August 110 1993
SUBJECT: Parks and Recreation Fees.
Following is a brief summary of the proposed changes for seller's,
administrative, and non-resident fees that were discussed last
night with the city Council.
Seller's Fees
Currently by City Ordinance the Parks and Recreation Department
assesses a fee of ten (10) percent on gross sales from admissions,
beverages, or food sales occurring on public property. This
percentage has discouraged potential renters from using city
facilities for their events because the percentage assessment can
significantly reduce their net sales revenue. This especially
impacts major rentals at the Civic Center if any admission fee is
proposed by the renter. The assessment has also had a negative
impact for groups wishing to raise funds selling concessions in
neighborhood parks.
The Parks and Recreation Department proposes assessing a set fee of
$8.00 per hour to any group or individual selling food, beverages,
or merchandise at the Civic Center, Senior center, recreation
centers, Civic Center Park, North Lakes Park and South Lakes Park.
Staff believes this will increase facility rental because of the
reduced sales assessment and elimination of the admissions
stipulation. Revenue from this fee was approximately $600 last
fiscal year.
Non-Resident and Administrative es
The Parks and Recreation Department proposes to change the
structure of the non-resident and administrative fees that are
being assessed to classes and programs. The current fee structure
is based on the following sliding scale.
8171666.8200 DIFW METRO 434.2629
i~
Baas class Administrative Unn-
e $ 0.00-$15.00 $2.00 $ 7.00 $ 9.00 (7,6/9
$15.01-$20.00 $3.00 $ 7.50 $10.50
$20.01-$25.00 $4.00 $10.00 $14.00
$25.01-$30.00 $5.00 $12.50 $17.50
$30.01 & Up $5.00 $15.00 $20.00
The administrative fee is assessed to all participants. Non-
resident participants are charged an individual fee because of
their non-resident status. However, a recently conducted survey of
metroplex parks and recreation departments indicates that our non-
resident fee is significantly higher than any other city. Last
fiscal year non-resident participation was 126 individuals for a
total revenue of $1,135.00. Lower non-resident rates would allow
greater non-resident participation and provide needed enrollment in
certain classes and programs to reduce their cancellation rate.
The proposed administrative and non-resident fees are as followai
Admin stratiye Fee Non-Resident Fee
$3.50 $7.00
It is also recommended that residents of Denton be provided the
first opportunity to register for classes by being allowed to
register one week before registration opens to non-residents.
None of the proposed fee changes are estimated to have a negative
impact on revenues, and have been approved by the parks and
Recreation Board.
Rich Dlugas,
Director of Parks and Recreation
RDsve
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CITY COUNCIL REPORT DA V3
TO: Mayor and Members of the City Council
FROMi Lloyd V. Harrell, City Manager G
SUBJECTS Ordinance Calling an Election for an Additional One Half
Cent Sales Tax to Decrease the Property Tax
DATE: November 2, 1993
RECOMMENDATIONS
The Citizens' Sales Tax Advisory Committee recommends that the City
Council call an election for an additional sales tax to be used to
reduce the property tax.
SUMMARYt
Two ordinances has been drafted and placed on the City Council's
agenda if the Council desires to call an election for a one half
cent sales tax increase to be used to reduce the property tax. The
first ordinance designates a single polling place for the election
and the second ordinance designates four polling places for the
election.
City Secretary Jennifer Walters has prepared a cost analysis of the
various options that the City Council has regarding the number of
polling places and the type of ballots used. Traditionally, all
special elections have had only one polling place, the Civic
Center, which is centrally located. In both ordinances, the type
of balloting has been left blank, The City Council would need to
insert either paper or punch card ballots in that blank.
Staff needs direction on the polling location so that preclearance
may be obtained from the U.S. Department of Justice prior to the
possible election. This process takes at least 60 days and the
Legal Department mast submit this information soon to ensure that
the polling location is acceptable to the Justice Department.
Please advise if i can answer additional questions.
RESPECTF LYSSUBMITTED,
U
Lloyd . Harrell
City Manager
Prepared by:
Catherine E. Tuck
Administrative Assistant
}:\wpdocs\ord\onepoll.o "ONE POLLING PLACE"
4MINo 93 -o`/
late .!~Lz
ORDINANCE NO. C a
i
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1994, FOR THE
PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE
TAX OF ONE-HALF OF ONE PERCENT TO BE USED TO REDUCE PROPERTY TAX;
DESIGNATING VOTING PLACES AND AUTHORIZING THE APPOINTMENT OF
ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION;
ORDERING THAT THE VOTING SYSTEM BE USED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, V.T.C.A., Tax Code Chapter 321 authorizes the govern-
ing body of a qualified municipality to call an election for the
purpose of adopting an additional sales and use tax of one-half of
one percent to be used to reduce the property tax, and
WHEREAS, the City of Denton is a municipality qualified to call
such election; and
WHEREAS, it has been determined by majority vote of the City of
Denton City Council, that an election should be held for the
purpose of determining whether an additional tax may be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
SECTION i. That the following proposition be submitted to the
voters of the City of Denton at a special election to be held in
the City of Denton, Texas, on the 15th day of January, 1994:
The adoption of an additional FOR
one-half of one percent sales
and use tax within the City to AGAINST
be used to reduce the property
tax rate.
UCTIgN IT. That the polling place, which shall be open from
7:00 a.m. to 7:00 p.m., shall be designated as the Denton Civic
Center Building, 321 East McKinney, Denton, Texas.
SECTION III That the City Council shall appoint the presiding
judge and alternate presiding judge of the polling place for said
election. Said judge shall appoint such clerks as may be necessary
to assist in holding of said election, including bilingual
assistants as required by law. All judges and clerks shall be
qualified voters in the City of Denton. The rate of pay for
election judges and clerks shall be the maximum amount provided for
by State law.
QL _LV. That early pJL
electiZ
by the Office of the vo City Secretary in the eMu icipale
I
I
. c
x-
B
The lls or uilding at 215 East McKinney Street in the City of Denton
~T a~ o~ vot betty en the hoursrof S Oiagmbyand 5 D0 appearance shall , be open
commencing on December 27, 1993 and ending on January 11~,g1994. In
addition, early voting shall be held on Saturday, January 8, 1994
between the hours of 10:00 a.m. and 3:00 p.m., at the same location
as weekday early voting.
SECTION V, That the Mayor is hereby directed to provide notice
of the election in accordance with sections 4.002 and 4.003 of the
Texas Election Code, the notice to be printed in the Spanish
language and the English language.
the egquir ments of he Texas Elect on Code, shallgbe used,foresaid
election.
SECTI~ti That the City Secretary is authorized to
prepare the official ballot for the election and perform every act
required by the Charter and laws of the State of Texas for holding
elections.
SECTIO_ N vrr - That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the
day of 1993.
$OB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
7
BY$
Page 2
i9\WPd0c8\0rd\re9po11.o "FOUR POLLING PLACES"
A0001No_ 9.3-0/2
Ageadaltem - L~,~F2
Cate /
ORDINANCE NO. Q~ L ~ 3
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
CALLING A SPECIAL ELECTION TO BE HELD ON JANUARY 15, 1994, FOR THE
PURPOSE OF DETERMINING WHETHER TO ADOPT AN ADDITIONAL SALES AND USE
TAX OF ONE-HALF OF ONE PERCENT TO BE USED TO REDUCE PROPERTY TAX;
DESIGNATING VOTING PLACES AND AUTHORIZING THE APPOINTMENT OF
ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION;
ORDERING THAT THE VOTING SYSTEM BE USED; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, V.T.C.A., Tax Code Chapter 321 authorized the govern-
ing body of a qualified municipality to call an election for the
purpose of adopting an additional sales and use tax of one-half of
one percent to be used to reduce the property tax; and
WHEREAS, the City of Denton is a municipality qualified to call
such election; and
WHEREAS, it has been determined by majority vote of the City of
Denton City Council, that an election should be held for the
purpose of determining whether an additional tax may be adopted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DENTON, TEXAS;
SECTION I. That the following proposition be submitted to the
voters of the City of Denton at a special election to be held in
the City of Denton, Texas, on the 15th day of January, 1994:
The adoption of an additional FOR
one-half of one percent sales
and use tax within the City to AGAINST
be used to reduce the property
tax rate.
SECTION II. That the polling places, which shall be open from
7:00 a.m. to 7:00 p.m., shall be as followst
1. Voters residing in District No. 1 shall vote at:
MARTIN LUTHER KING, JR. RECREATION CENTER
1300 WILSON STREET
DENTON, TEXAS
2. Voters residing in District No. 2 shall vote at:
FIRE STATION NO. 4
2110 SHERMAN DRIVE
DENTON, TEXAS
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3. voters residing in District No. 3 shall"voE~
e aFt~: -
JE;~3
NORTH LAKES RECREATION CENTER
2001 WEST WINDSOR DRIVE
DENTON, TEXAS
4. Voters residing in District No. 4 shall vote at:
DENIA RECREATION CENTER
1001 PARVIN
DENTON, TEXAS
SECTION III That the City Council shall appoint the presiding
judges and alternate presiding judges of the polling places for
said election. Said judges shall appoint such clerks as may be
necessary to assist in holding of said election, including
bilingual assistants as required by law. All judges and clerks
shall be qualified voters in the City of Denton. The rate of pay
for election judges and clerks shall be the maximum amount provided
for by state law.
=--1YL That in shall be cted for the
elections by he Office eofstheo City Secretary cind the Municipal
Building at 215 East McKinney Street in the City of Denton, Texas.
The polls for early voting by personal appearance shall be open
between the hours of 8:00 a.m. and 5;00 p.m. Monday through Friday,
commencing on December 27, 1993 and ending on January 11, 1994. In
addition, early voting shall be held on Saturday, January 8, 1994
between the hours of 10:00 a.m. and 3:00 p.m., at the same location
as weekday early voting.
SECTION V That the Mayor is hereby directed to provide notice
of the election in accordance with sections 4.002 and 4.003 of the
Texas Election Code, the notice to be printed in the Spanish
language and the English language.
ULZ=E VI. That voting system, meeting
the requirements of the Texas Elect on Code, shall be used for said
election.
SECTION VII That the City Secretary is authorized to prepare
the official ballot for the election and perforA every act required
by the Charter and laws of the State of Texas for holding
elections.
SECTION VIII, That this ordinance shall become effective
immediately upon its passage and approval.
Page 2
~S, F,
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:
Page 3
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AgenOoNo %Lo 2
Agendalfn
Date N-P-Z
DATE: November 21 1993
CITY COUNCIL REPORT {~~tqG///
TO: Mayor and Members of the City Council
FROM: Lloyd V. Harrell, City Manager
SUBJECT: NOMINEE(S) TO BOARD OF DIRECTOR,, - DCAD
BECOMKSKDATIOl1: Staff recommends Council cast votes for a
ca,,'idate or candidates to serve on the Board of Directors.
SUMMARY: During the October 12th Council meeting, John Beck
Gaylord Thornton and Horace Brock were nominated as candidates for
the Board of Directors. These names were submitted to the DCAD and
placed on the ballot. Each voting unit must now cast its votes by
written resolution and submit its votes to the Chief Appraiser by
November 15th. Council may cast all its votes for one candidate or
may distribute the votes among any number of candidates.
Candidates nominated by taxing jurisdictions are:
John Beck Richard Cook Clarence Myers
William Bolin Mary Horn Vern Roberts
Horace Brock Elbert Hughes Richard Smith
Tracy Clinton Thomas Miles Gaylord Thornton
PROGRRHO DEPARTMENTS OR GROUPS AFFECTED: N/A
FISCAL IMPACT: There is no cost to the City.
Respec ally submitted:
v,
Lloyd.. . Harrell
City anager
Prepafed by:
Ann Formyt e
Executive Secr ary
Approved by:
v r
John F. McGrane
tocutive Director of Finance
AFF0073E
F\WDOU\1E 9\0 MCEM.APP
AgerdaNo__
A~Ei1daile S A
RESOLUTION NO.
A RESOLUTION CASTING VOTES FOR MEMBERSHIP TO THE BOARD OF DIRECTORS
OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN EFFEC-
TIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council of the City of Denton, Texas,
hereby casts votes for for
membership to the Board of Directors of the Denton Central
Appraisal District for the County of Denton, Texas.
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 SECRs"TARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: AijXiH 1/1" 1A
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DENTON CENTRAL APPRAISAL DISTRICT
3911 MORSE STREET
,1 . P.O. BOX 2914
DENTON, TEAS 792022918 C t"'
917368.0904 li~_C •1
Tot All Taxing Jurisdictions
FROM: Joe Rogers
DATES October 22, 1993
SUBJECT* Candidates to Board of Directors - Denton Central
Appraisal District
Candidates to the Denton Central Appraisal District Board of
Directors are listed below alphabetically by each candidates last
name.
Each voting unit must cast its vote by written resolutign and submit
it to the Chief Appraiser by November 15th The unit may cast all
its votes for one candidate or may distribute the votes among any
number of candidates.
Some voting units may have enough votes to select several directors
to the Board. To share representation on the Board, several units
may wish to vote for the same candidate. The five nominees receiving
the most votes will become Board members,
A voting unit must cast its votes for a person nominated and named on
the ballot. There is no provision for write-in candidates. The
Chief Appraiser may not count votes cast for someone not listed on
the official ballot.
Candidates nominated by taxing jurisdictions,
1. Beck, Jon 7. Hughes, Elbert
2. Bolin, William S. Miles, Thomas (Chris)
3, Brock, Horace 9, Myers, Clarence
9. Clinton, Tracy 10. Roberts, Vern
5. Cook, Richard 11. Smith, Richard
o. Horn, Mary 12. Thornton, Gaylord
Joe Rogers
Chief Appraiser
Clry 01 DENTON, TEXAS MUNICIPAL BULL DING / 215 E. MCKINNEY / DENTON, TEXAS 76201
MEMORANDUM
DATE: September 30, 1993
TO: Lloyd V. Harrell, City Manager
I
FROM: John F. McGrane, Executive Director of Finance
I
SUBJECT: NOMINATION FOR THE BOARD OF DIRECTORS OF THE DENTON
CENTRAL APPRAISAL DISTRICT
Five of the Board of Director's positions for the DCAD are up for
election. Each jurisdiction has the ability to nominate an j
individual for election to the board. If the jurisdiction decides
to make a nomination, it should be submitted to the Denton Central j
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 an
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 j
letter outlining the process.
If you have any questions, or need additional information, please
advise.
JFHcataf
Attachments
AFF0077C
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8171588.8200 D/FW METRO 434.2529
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DENTON CENTRAL APPRAISAL DISTRICT
X911 MORSE STREET
P 0 8OX 2818
OENTON, TEXAS 76202.2816 r~~.:~ui(C'rllS O817.5660404 t q. ¢S 3 ; f/
T0i All Taxing Jurisdictions
FROM Joe Rogers
SUBJECT: Appointing Board of Dirctors
DATES 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 Jurisdictionn 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
process of electing an appraleal district's Board of directors. The
number of votes that your Jurisdictlon has is given below.
City of Denton has 599 votes.
r Alai n,
Letter-Board of Directors r` Page 2
Authoritative Guidelines - The selection process is `4t t forth in
Section 6.03 of the Property Tax Code. This process is not an
"election" governed by the Texas Election Code but an independent
procedure unique to the property tax system.
Eligibility - An appraisal district director must reside in the
appraisal district for at least two years immediately preceding the
date he or she takes office. Most residents are eligible to serve as
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
not prohibit the same person from holding both offices. All five
board members may be elected officials of taxing jurisdictions.
An employee of a taxing unit served by the appraisal district is not
eligible to serve as a director. However, if the employee is an
elected official, he or she 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
that,
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, mr,iagement, personnel administration, contracts, computers,
real estate, or taxation. Historical involverr,cnt in local govern-
ment activities also indicates that someone should make an excellent
Board member,
Frequency Of Meetings - A new law requires the board of directors
to meet not less often than once each calr,ndar quarter, The DCAD
Board meets more often than is required by law,
Additional Juriadictions Can Vote Under Certain Circumstances -
Conservation 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 not be affected by this procedure. Othor taxing
units, including junior colleges, hospital districts, and other
special districts may not vote for directors.
Letter - Board of Directors
- - - SELECTION PROCESS - Now let's look at the actual process of "electing" Board lfiembars.
The objective is to distribute 5,000 votes to the taxing jurisdic-
tions eligible to vote for board members. The process will culmi-
nate with five individuals receiving a sufficient number of :he
votes to become a board member.
Step 01
The number of votes allocated to a Jurisdiction is based on the ritic
of Its prior year tax levy to the total prior year tax levies of alt
voting units. This is the amount of taxes levied, not the amc.,nt
collected.
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.
1. The amount of prior year property taxes imposed by each unit
is divided by the total amount of prior year property taxes
imposed ~y all voting jurisdictions.
2. 1 then multiply the quotient in No.l by 10000 and round to the
nearest whole number.
3. Then I multiply the whole number of No.2 by the number of 3PAt.=
on the appraisal district board that will be filled. The
resulting number is the number of votes that each unit has.
A more simplistic formula looks like this,
(YOUR LEVY/TOTAL LEVIES) X 5,000 w YOUR TOTAL VOTES
I am required to send a notice of the votes to the following
wi lviduals,
1. For the county, to the county judge and each county
commissioner.
For a city or town, to the mayor and to the city manager,
secretary, or city clerk (as applicable).
3 For a school district, to the school board president and
school auperint.endent,
Step 02
Each voting unit may nominate one candidate for each position to rP
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 io
that the chief appraiser can notify the winners.
t„
e
Letter - Board of Directors k%4,, Page 4
Remember, Step 02 is the nominatlorl-prccess ----'£he tit IIizari ,n ,f
votes is not relevant at this point, iv
Please note, the chief appraiser has neither the authority, nor the
duty, to investigate, or Judge, the qualifications of the nominees.
Also, I do not have the authority to accept nominees names after
October 15th.
Step 43
Before October 30th, the chief appraiser must prepare a ballot
listing the nominees alphabetically by each candidate's last name,
I am required to deliver a copy of this ballot to the presiding
officer of the governing body of each voting unit.
Step 04
Each voting unit must cast Its vote by written resolution and srnhmit.
it to the chief appraiser by November 15th. The unit may cast all
its votes for one candidate or may distribute the votes among tiny
number of candidates. Since it takes only 1,000 votes to elect a
(7andidnte, there is little reason for a candidate to receive morE
than t,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 15
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. Methcda of chance include lrltrr,n,7 =
hawing straws, drawing a black baAn, drawing nameq *r~^ 9 10
?n. :n forth. I then must notify nll taxtng 1rn+t; v11r1r3 1111
i,anvot1rna) and all the cAndIdAta. (wtnnpre And lnaer3; cs rho
n 1rcnm? of the election prn,•egs.
H,-,Fefully, the Jurisdictions that we serve will find the in£orr•a~.-
;r•oVi,iPd Ar,ove helpful and informative. Please be AwAre that hf
prnv!iiing your jurisdiction with the number of votes, which to gi',?r
at the beginning of this letter, step 41 is complete. The Jurls,lic
tions now have until October 15th to send me the names of their
nominees fnr the DCAD Board.
~inr,erety,
doe PrRgers
f~iAtef ApprAtser
Letter'\boarddI r,WPF
=ti
DENTON CENTRAL APPRAISAL DISTRICT
3711 MORSE STREET
M1 P.0 BOX 2818
DENTON, TEXAS 762022816
817566090d
Ati~ ~;caters ~~,9
NOMINEE FORM
Please return this nominee form to the Appraisal District office
before October 15, 1993. Your Jurisdiction may nominate one or more
candidates to the Denton Central Appraisal District Board of
Directors nominee list.
Please include the address and phone number of your nominees.
NAME OF JURISDICTION
NAME OF NOMINEE(s)e
NAME NAME
ADDRESS ADDRESS
CITY ZIP CITY ZIP
PHONE NUMBER PHONE NUMBER
NAME NAME
ADDRESS ADDRESS
CITY ZIP CITY ZIP
PHONE NUMBER PHONE NUMBER
NAME NAME
ADDRESS ADDRESS_
CITY ZIP CITY_ ZIP
PHONE NUMBER PHONE NUMBER
ForW Bdnomine.wpf
0
budgetissiboard DENTON CENTRAL APPRAISAk'DtAA RICT-5?~.:Q2
1993 BUDGET ALLOCATIONS%C k`g~
1992 PERCENT NU ER
ORIGINAL OF OF
JURISDICTIONS TAX LEVY VOTES VOTES
SCHOOL DISTRICTS " "
ARGYLE ISD $1,027,272.93 0.897% 45
AUBREY ISO 303,771.27 0.265% 13
DENTON ISO 13,980,820.55 12.202% 610
KRUM ISO 312,126.74 0.272;
LAKE DALLAS ISD 1,696,694.59 14
LEWISVILLE ISD 22,192,210.06 19.368% 74
LITTLS ELM ISO 501,112.38 968
NORTHWEST ISO 0.43 22
3,826,221.14 3.3399% % 167
PILOT POINT ISD 5660817.06 0.4951 25
PONDER ISO 216,565.10 0.189%
SANGER ISD 683,047.25 0.5961 9
_30
SCHOOL DISTS TOTALS 945,306,659.07 39.5421 -
- 1,971
rrrrrrrrrrrrrrrr~rrrrrrrrrrrrrrrrrrrrrrrrrrrr
DENTON COUNTY
DENTON COUNTY TOTALS 929,411,443.82 25.669% 1,283
rrrrrrrrrrrrrrrrrrrrarrrrtrrrrrrrrr~,rrrrrrra■
1III
CITIES
CITY OF ARGYLE 5229,001.20
CITY OF AUBREY 92,561.54 0.200! a2 10
TOWN OF BARTONVILLE 80,270.25 0.081% 4
CITY OF THE COLONY 4,281,759.60 0.070% 4
TCWN OF CORINTH 756,243.51 3'737% 187
TOWN OF COPPER CANYON 63,028.06 00.055% 33
CITY OF DENTON 13,718,015.29 1.972% 9
TOWN OF DOUBLE OAK 158,554.04 0.138% 599
CITY OF FLOWER MOUND 4,184,459.02 7
TOWN OF HACKBERRY 11,562.41 03.010% 183
TOWN OF HICKORY CREEK 261,596.67 0228% 1
CITY OF HIGHLAND VLG 2,337,639.56 2.40% 11
CITY OF JUSTIN 111,882,85 0.009% 101
CITY OF KRUGERVILLE 30,563.87 ,0988% 5
CITY OF KRUM 78,936.40 0.0 1
CITY OF LAKE DALLAS 454,931,26 0.0669% 9% 3
CITY OF LAKEWOOD VIL 0'397% 20
CITY OF LEWISVILLE 10,868,193.85 0.019% 1
CITY OF LITTLE ELM 135,056.39 09.18% 474
CITY OF MARSHALL CRK '11181 6
CITY OF NORTHLAKE 6,719.57 0.0 1
CITY OF OAK POINT 52,038.54 0.0445%
5! 2
CIT'.' OF PILOT POINT 72.511.35 0.0631 3
CITY OF PONDER 431,026.04 0.376% 19
CITY OF ROANOKE 16,1883 0.0141 1
524737.993 0.3081 15
CITY OF SANGER 3
325,914.96 14
CITY OF TROPHY CLUB 728,555.05 0 284% 32
TOTAL FOR CITIES - -
539,861,798.98 34.7901 1,739
rrrrrrrrrrrrsrrrrrr.rrrrrrrrrrarrrrrrarrrrrra
rrrrrrrrrarrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr
FINAL TOTALS ;114,579,901.37 100.000%
......rrrrsrrrrrrrrrrrrrrrarrrrrrrrrrrrr5~a0gr
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AQW1No 93 -0'/2
Agendahn _CZ 6A.-
- 6.8-
tbte • 2.' .J
DATE: November ~~!J2, 1993
CITY COUNCIL REPO,8 (A
TO: Mayor and Members of the City Council `
FROM. Lloyd V. Harrell, City Manager
SUBJECT: APPOINTMENT OF BOARD MEMBERS TO THE DENTON RETIREMENT AND
NURSING CENTER FINANCE AUTHORITY.
RSCOKNENDATION: Staff recommends reappointment of current board
members Lloyd V. Harrell, Rick Svehla, and John McGrane.
9- t The Denton Retirement and Nursing Center Finance
Authority was organized in 1979 as a public instrumentality and
non-profit corporation. It was organized to carry out the
purposes of the Texas Housing Finance Corporations Act. Current
board members were appointed in 1987 for a term of six (b) years
with the current board0s terra expiring in 1993.
PROOAAMai DEPAATMBNTS OR gROUPS AFFECTED: N/A
PIBCAL IMPACT: There is no cost to the City.
Respectfully submitted:
qLlo d Harrell
City Manager
prepared byr
it~L Ilv{
Ann oreythe /
Xxecutive Secrete y
4 /
Approved Dye
~ . ,/L` 'mast
P. M Drano
cutive Director of Finance
V
APFDO73ti
Ea\YPO0C61REf1RUR SE.RES
Agut,, N0
A~cnda;lemr~s_,?~~!f
RESOLUTION NO. ddu~
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE
DENTON RETIREMENT AND NURSING CENTER FINANCE AUTHORITY: AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the terms of office of Lloyd Harrell, Rick Svehla, and
John McGrane as members of the Board of Directors of the Denton
Retirement and Nursing center Finance Authority having expiredf and
WHEREAS, the City Council wishes to appoint their successors:
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION-j.. That the following individuals are hereby appointed
as the Board of Directors of the Denton Retirement and Nursing
Center Finance Authority:
Lloyd V. Harrell
Rick Svehla
John McGrane
SECTION !I. That the term of office for said members shall be
for six (6) years.
SECTION Zii That this resolution 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. DRAYOVITCHO CITY ATTORNEY
BY1 ~ 7
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CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council AQ104lItaIB e-
FROM: Lloyd V. Harrell, City Manager Lb1l.I'2
DATE: October 21, 1993 vd~~ y'
SUBJECT: Resolution Authorizing the City to Participate in
the National Tree Planting Program
RECOMMENDATION: Staff recommends the adoption of a resolution
authorizing the City to participate in the National Tree Planting
Program through funds from the small Business Administration.
SUMMARY: The City has been selected to participate in the National Tree
Planting Program which is funded through the small Business
Administration and administered by the Texas Forest Service. The grant
will fund the purchase and installation of 113 trees. The trees will be
planted in five parks; 21 trees to MLK, 26 trees to Fred Moore Park, 11
trees to Phoenix Park, 5 trees to Milam Park, and 50 trees to McKenna
Park. The City will contribute an amount equal to $9,928 in local funds
and labor. A cash contribution of $3,000 from the Electric Utilities
Tree Power Fund along with $1,050 from the Parks Division beautification
account will be made.
BACKGROUND: This is the third year for the city to participate in this
three-year program. In 1992, the City received 111 trees to plant at
five parks.
PROGRAMS. DF.P,~RgM NTH OR O UPS AFFECTED: The Parks Division would be
impacted providing the necessary maintenance and irrigation of the
trees. The maintenance and irrigation expenditures would be used as in-
kind match for the grant.
FisCAL IMPACT: The Electric Utilities Tree Power Fund and the Parks
Division beautification account will provide a cash contribution of
$4,050. The additional portion of the city's contribution will come
from maintenance and irrigation expenditures used as an in-kind match.
RESPE LLY S B ITTED:
L1 yd V. Harrell
Prepared by; City Manager
2,~(.*%
Rich Dlugas
Director of Parks and Recreation
Appr ds
Bett - cKean
Executive Di etor for
Municipal Services/Economic Development
1016;02Q.YPS
9
4
i
TEXAS FOREST SERVtGEo
' • The Tetas Ad kiVniversiry Sr sleet Ao C
• cadartem 3
forest Resource Development Deparfinenl °3r4 floor, SI. tfheddgm"ers Budding
(4M 845.2441 College Station, Ter2s 77643-2136
5.35 fAXt409) 845.5'64
August 27, 1993
Mr. Robert K. Tickner
321 E. McKinney
Denton, TX 76201
Dear Mr. Ticknor:
As you may know we sent a consolidated grant proposal to the
Small Business Administration (SBA) in Washington, D.C. back in
March. However, SBA delayed approval of this original package to
allow states to allocate additional funds that were appropriated
by Congress in July. We recently completed this supplemental
funding process with the help of the Grants Committee of the Texas
Urban Forestry Council. Some new projects were recommended for
full funding while others were given partial funding; some of the
original proposals remained unchanged while others regliested and
received additional funds.
of the 160 projects submitted to SBA on August 15 as part of
the consolidated Texas grant proposal, your organization was
represented as follows:
Grant Number: 93-03-09
Project Names Trees for Denton
SBA Grant: $11,906
Local Match: $9,928 (Cash Portion: $4,050)
Please bear in mind that the recommendation of your project
by TFS and the Texas Urban Forestry Council does not guarantee
that federal funds will be awarded. Technically, TFS receives the
grant from SBA, and local projects are funded ae sub-grants from
TFS. We won't be able to confirm the amount of your grant until
SBA gives us official notification, hopefully in the next few
months. In previous years SBA has accepted our grant proposal in
its entirety, making no changes to individual local projects.
In the meantime there are some things that you should and
should not do. First and foremost, you should not spend any money
on the project now. Due to the 'prior aibroval' rule, we cannot
accept expenditures or local match contrutions made before a
formal contract has been signed. The only exception is that
limited resources may be spent developing the planting plan but
this expense must be approved by the TFS program administrator now
(409-845-2641) and specifically written into our contract.
The lire+t Rrontrce aKrnrr r?I Tc ~,t~ Fr l~r dlgy..,,,,,,,,, l,y dn
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SBA Grant Award A~rC~G~dO•.-
Notification Letter A~GI~:i;fllrs ~L~ Page 2.
Second, he aware that you will be expecZW use a bid et o
process that conforms to all federal guidelines. These rules are
detailed in the "Code of Federal Regulations for B siness Credit
and Assistance " and you will receive a copy of the current
regulations with the Grant Agreement.
Third, in order to streamline the process of issuing these
Grant Agreements, we plan to use the next few weeks to collect and
verify information. The attached "Contract Information Form"shows
some of the information we have on file but asks you to verify
this data. Please complete and return this form so that we can
prepare a contract and hold it on computer disk until we receive
approval from SBA. We should be able to produce contracts quickly
and avoid delays once the fall planting season begins,
If you have not the project with the TFSeforester ain~ your schedule a who m in ~ your review
be In compliance ewith TFS guidelines. Payspaof the rticular oattention lto
tree spacing, the list of species, and the maintenance plan. Get
the forester to sign off on the project using the attached form.
Remember that any variance from the guidelines must also be
approved in writing by the head of the TFS Forest Resource
Development Department. copy of the so
organization~s wgoverning need itycouncilboard~ofrdirectors,
etc.) committing the resources for the local match and
authorizing tree planting on the site. Non-profit groups (and
perhaps some others) will have to obtain official authorization
from the public agency that owns the planting site in addition to
their own resolution. Local government planting on propperty under
You shouldlstarthworkeonosecuringtthesrein a solution(s)rnowlusing.
the
enclosed examples for reference.
ntact
Larryl y Schaaf
p eld aty(817)t429s9318torscallcmesInpCollegeoStation
at (409) 845-2641.
Sincerely,
4
Peter D. Smith
Grants Administrator
Attachment
cc: Larry Schaapveld
s
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a,,,,~;~t,'.ile7T s ~"toc
RESOLUTION NO. -
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING AN APPLICATION FOR A GRANT TO PARTICIPATE IN THE
NATIONAL TREE PLANTING PROGRAM; COMMITTING LOCAL MATCHING FUNDS AND
IN-KIND SERVICES 70 MATCH THE AMOUNT OF THE GRANT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, grants are available through the Texas Forest Service
from the Small Business Administrations Tree Planting Program; and
WHEREAS, receiving a grant under the Program would further the
aims of the City's beautification program; and
WHEREAS, the City of Denton is willing to match the amount of
the grant with local matching funds and in-kind services; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I That the City of Denton authorizes the City Manager
to act for the City in applying for a grant to the Texas Forest
Service for the National Tree Planting Program.
SECTION II. That the City is willing and able to match the
amount of the grant with local funds and in-kind services to
fulfill the grant requirements and to abide by the conditions of
the grant.
LESTION III That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
, 1993.
BOB CASTLE BERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY: LJWI*I-j
±CITY
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Venda No 0-~Z2Agenda Ito
CITY COUNCIL REPORT 0~(e~/-
TO- Mayor and Members of the City Council
PROMS Lloyd V. Harrell., City Manager
SUBJECTS Agreement with Services Program for Aging Needs (SPAN) to
purchase fuel from the city of Denton
DATES November 2, 1993
RECOMMEEDATION:
i
Staff recommends approval of the agreement.
SUMMARY-
The City of Denton passes through state and federal grant funds to
SPAN to provide public transportation services for the City of
Denton. This agreement would allow SPAN to purchase fuel from the
City of Denton at a lower price because of the City's economles of
scale. This ultimately saves federal, state, and local taxpayer
dollars since SPAN is reimbursed for the cost of the fuel through
the grants that the City passes through to SPAN.
PROGRAMS DEPARTMENTS OA GROUPS AFFECTED-
SPAN, riders, Fleet Services division
FISCAL IMPACTS
None.
RESPECTFULLY SUBMITTED,
C4d. Harrell
City Manager
Prepared by:
Catherin Tuck 1!
Administrative Assistant
j3\wpdoce\reso\6panfue1.r
Nlen'lj NO _ 9 -D s~z
RESOLUTION NO. cZ
A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND SERVICES
PROGRAM FOR AGING NEEDS (SPAN); FOR THE CITY TO PROVIDE ACCESS TO
ITS FUEL FACILITY AND PROVIDE SPAN WITH FUEL; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, SPAN is the public transportation provider for the
City of Denton for the benefit of Denton citizens; and
WHEREAS, SPAN, in providing these services to citizens,
utilizes vehicles and requires a source of fuel for operation of
its vehicles; and
WHEREAS, CITY is the owner of certain facilities and equipment
designed for the provision of vehicle fuel; and
WHEREAS, SPAN desires to utilize the CITY's fueling facilities
and equipment; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council hereby approves the Agreement
attached hereto, between the City of Denton and Services Program
fur Aging Needs (SPAN), and authorizes the Mayor to execute said
Agreement.
SECTION II That this resolution 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: / 1t c c' 1
„i
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grJg^{No 93--~-
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AGREEMENT FOR THE SALE OF FUEL ✓ ~ 5
This Agreement is made and entered by and between Services
Program for Aging Needs, a not for profit corporation in the City
of Denton, hereinafter referred to as "SPAN" and the City of
Denton, a home rule municipal corporation of Denton County, Texas,
hereinafter referred to as "CITYP'.
WHEREAS, SPAN is the public transportation provider for the
City of Denton for the benefit of Denton citizens; and
WHEREAS, SPAN, in providing these services to citizens,
utilizes vehicles and requires a source of fuel for operation of
its vehicles; and
WHEREAS, SPAN desires to utilize the CITY's fueling facilities
and equipment; NOW, THEREFORE, SPAN and CITY, for the mutual con-
sideration hereinafter stated, agree as follows:
I.
A. COVENANTS OF THE CITY
1. CITY shall provide SPAN with access to its fuel facility
located at 901 Texas Street, Denton, Texas, for the purpose of
obtaining fuel for SPAN's vehicles. This access shall be provided
24 hours daily.
2. CITY shall provide SPAN with fuel cards to access fueling
facilities. SPAN will distribute fuel cards to authorized SPAN
personnel and the CITY shall maintain billing records for all fuel
obtained by SPAN based upon the fuel utilized on each card.
S. COVENANTS OF SPAN
1. SPAN agrees to pay for all fuel provided pursuant to this
Agreement on a per gallon basis at a rate calculated as follows:
Actual cost of fuel -is purchased by the CITY plus fifteen cents
($0.15) per gallon.
2. SPAN agrees, upon receipt of a monthly statement mailed
by CITY to remit any funds owed for fuel usage within twenty (20)
days from the date of said statement.
II.
WARRANTY
CITY and SPAN agree that CITY makes no warranty of any kin7,
express or implied, regarding the quality of the fuel or the
facilities provided pursuant to this Agreement and the fuel is sold
without warranties as to the condition, quality, capacity or
performance capability. All express warranties and any implied
i
s
warranty of fitness for a particular purpose of arising out of any
course of dealing or usage of trade. SPAN assumes all risk and
liability resulting from the use of the fuel or facilities covered
by this Agreement.
III.
INDEMNIFICATION
SPAN will indennify and hold harmless the CITY from any and all
claims and suits arising from the performance, its employees, or
contractors and save and hold the CITY harmless from all liability,
incl.udinq costs, expenses and attorneys fees, for or on account of,
any claims, audit exceptions, suits, or damages of any character
whatsoever resulting in whole or in part from representative of the
Agency, whether or not such claim arises from the sole negligence
of CITY. This paragraph shall not be construed as a waiver by
either party of any defense available to it under the laws of the
State of Texas. It is understood that it is not the intention of
the parties hereto to create liability for the benefit of third
parties, but that this agreement shall be for the benefit of the
parties hereto.
IV.
TERM
The term of this Agreement shall be for a period of one year
commencing as of October 1, 1993 and ending September 30, 1994.
Thereafter, this Agreement shall be renewed for successive
additional one (1) year terms commencing on September 1 of each
year if SPAN and CITY agree in writing on or before the first day
of September to the successive term and the amount of consideration
to be paid hereunder for each successive term. The City Manager
may act on behalf of the CITY to renew the term •f this Agreement.
Either party may terminate this Agreement at any time upon thirty
(30) days written notice to the other.
v.
NOTICES
Any notice or other written instrument required or permitted to
be delivered under the terms of this Agreement shall be deemed to
have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or
certified, return receipt requested, addressed to the parties, as
the case may be, at the following addresses:
SPAN: CITY:
SPAN City of Denton
Attn: Executive Direc•_or Attn: City Manager
1800 Malone 215 E. McKinney
Denton, Texas 76201 Denton, Texas 76201
Page 2
I
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J` O
vi.
INTEGRATION
This Agreement represents the entire and integrated agreement
between SPAN and CITY and supersedes all prior negotiations, repre-
sentations, and/or agreements, either written or oral. This Agree-
ment may be amended only by written instrument signed by both SPAN
and CITY.
VII.
GOVERNING LAN
This Agreement and any of its terms or provisions, as well as
the rights and duties of the parties hereto, shall be governed by
the laws of the State of Texas.
VIII.
REPRESENTATIONS
The undersigned officer and/or agents of the parties hereto are
the properly authorized officials and have the necessary authority
to execute this Agreement on behalf of the parties hereto, and each
party hereby certifies to the other that any necessary resolutions
extending said authority have been duly passed and are now in full
force and effect.
EXECUTED in duplicate originals this the day of ,
1993.
CITY OF DENTON
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
DEBRA A. DRAYOVITCH, CITY ATTORNEY
BY:
Page 3
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CITY of DENTON~ TEXAS
MUNICIPAL BUILDING / DENTON, TEXAS 76201 /TELEPHONE (817) 566-8309
Office of the City Secretary
MEMORANDUM
DATE: October 27, 1993
TO: Mayor and Members of the City Council
FROM: Jennifer Walters, City Secretary
SUBJECT: Board/Commission Appointments
The following is a list of the vacancies for the City's
Boards/Commissions:
Electrical Code Board - Alternate position vacant - council Member
Chew's nomination.
Keep Denton Beautiful Board - This Board has two vacancies with
the resignation of Don Hayes and J. B. Smallwood. The Hayes
vacancy is Council Member Chew's nomination and the Smallwood
vacancy is council Member Perry's nomination.
Juvenile Diversion Task Force - Council Member Chew has nominated
Birdell Carstarphen for the remaining at-large position. There is
a vacancy left for a local civic group representative.
191 Commit -e - Council Member Miller has nominated Hugh Ayer.
If you need any further information, please let me know.
J fer alters
i se tary
A 0000