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CITY COUNCIL AGENDA PACKET
January 16, 1996
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AGENDA
CITY OF DENTON CITY COUNCIL
January 16, 1996
Closed Meeting of the City of Denton City Council on Tuesday, '
January 16, 1996 at 5:45 p.m. in the Civil Defense Room of City
Hall, 215 E. McKinney, Denton, Texas, at which the following items
will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO
CLOSED MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS
LEGALLY PERMISSIBLE.
5:45 p.m.
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consider settlement offer in the litigation styled
GTE v. City of Dentcn, et al.
2. Consider and discuss defense of and the settlement
of RPS Ventures. Inc.. et al v_. city of Denton and
Webber and Barnes v. City of Denton pending in the
362nd District Court under Section 551.071 of the
Open Meetings Act.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
1. Discuss the acquisition of property for expansion
of the City's landfill.
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
t. Receive a report from the Municipal Court Advisory
Committee regarding applicants for Municipal Judge
and consider making an appointment of the Municipal
Judge.
Regular Meeting of the City of Denton City Council on Tuesday,
January 16, 1996 at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
7:00 p.m.
1. Pledge of Allegiance
2. Consider approval of the minutes of September 5, 1995,
September 12, 1995 and September 13, 1995.
3. Citizen Reports
A. Receive a citizen report from Willie Hudspeth regarding
meeting times for the City's Boards and commissions.
City of Denton City Council Agenda
January 16, 1996
Page 2
B. Receive a citizen report from Bill Mosley regarding the
day laborer situation at the 900 block of South Locust.
4. Public Hearings
A. Hold a public hearing with regard to the proposed
annexation of a 34.78 acre tract located in the clear
zone south of the existing runway in the vicinity of the
Denton Municipal Airport. (A-71) (The Planning and
zoning commission is scheduled to consider this item and
make a recommendation on January 24, 1996.)
B. Hold a public hearing with regard to the proposed
annexation of a 11.34 acre tract located east of Mayhill
Road and north of Blagg Road. (A-69) (The Planning and
Zoning Commission recommends approval, 6-0.)
C. Hold a public hearing with regard to the proposed
annexation of a 21.62 acre tract described as the Estates
of Forrestridge Section II. (A-70) (The Planning and
Zoning Commission is scheduled to consider this item and
make a recommendation on January 2,4 1996.)
5. 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 purchase orders to be approved for
payment under the ordinance section of the agenda. Detailed back-
up information is attached to the ordinances (Agenda items 5.A,
5.B). This listing is provided on the Consent Agenda to allow
Council Members to discuss or withdraw an it3m 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 01819 - Fleet Vehicles
2. Bid #1842 - Wind Fence
3. Bid 11845 - Water Treatment Consulting and Chemical
Supply
4. Bid 11847 - Distribution Transfor;c,ers
5. P.O. 161267 - Calvet Paving
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City of Denton City Council Agenda
January 16, 1996 pp
Page 3
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6. Consent Agenda ordinances
A. Consider adoption of an ordinance accepting competitive
bids and awarding a contract for purchase of materials,
equipment, supplies or services. (5.A.1 - Bid 118191
5.A.2. - Bid 01842, 5.A.3. - Bid 1845, 5.A.4. - Bid
,01847)
B. Consider adoption of an ordinance providing for the
expenditure of funds for emergency purchases of
materials, equipment, supplies or services in accordance
with the provisions of state law exempting such purchases
from requirements of competitive bids. (5.A.6 - 161267)
7. ordinances
A. Consider adoption of an ordinance extending the hours for
sale and consumption of mixed drinks, beer and wine,
pursuant to Sections 105.03, 105.04, 105.05, and 105.06
of the Texas Alcoholic Beverage Code.
B. Consider adoption of an ordinance authorizing the Acting
City Manager to execute an addendum to the agreement
between the City of Denton and Denton Affordable Housing
Corporation relating to increasing the supply of
affordable housing in the City of Denton.
C. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement between the City of Denton and
Fairhaven, Inc. to provide for rental assistance.
D. consider adoption of an ordinance authorizing the City I
Manager to enter into an agreement between the City of
Denton and the Texas Water Development Board for flood
protection planning.
E. Consider adoption of an ordinance authorizing the Mayor
to execute an agreement with the Texas State Department
of Highway and Public Transportation for contribution of
funds for the acquisition of right-of-way for a highway
project on US Highway 380 between Interstate Highway 35
and US Highway 77; and authorizing the expenditure of
funds equal to ten percent of the cost of the right-of-
way.
8. Resolutions
A. Consider approval of a resolution authorizing the Mayor
to solicit from the public, sealed bids on a certain
tract or parcel of property located on or about the 500
block of Rose Street and to consent to the sale of said
City of Denton City Council Agenda Co.
January 16, 1996 I::n
Page 4
property to the highest bidder even if the bid tendered
is less than the market value of the property specified
r in the judgement of foreclosure or the total amount of
the judgement against the property, and to execute any
quitclaim deeds necessary to convey the property upon
sale.
B. Consider approval of a resolution authorizing the
Community Development Office to submit an application to
the Texas Department of Housing and Community Affairs
seeking emergency shelter funding and authorizing the
City Attorney to negotiate a contract with the Texas
Department of Housing and Community Affairs.
C. Consider approval of a resolution of the council of the
City of Denton, Texas declaring its support as a
sponsoring agency for "A Vision For Denton - The 21st
Century".
D. Consider approval of a resolution establishing a
Diversity Task Force; and authorizing the expenditure of
funds to secure the professional services of a
facilitator.
9. Consider and appoint a Municipal Judge.
10. Miscellaneous matters from the City Manager.
A. Wall of Honor Honorees
ll. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
12. New Business
This item provides a section for Council Members to suggest
items for future agendas.
13. Possible Continuation of Closed Meeting:
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. GOV'T CODE
Sec. 551.074
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City of Denton City Council Agenda yWh ft
January 16, 1996
Page 5 4M LIM.
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 1996 at o'clock (a.m.)
(p.m.)
CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN
ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO
THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACC002E0
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CITY OF DENTON CITY COUNCIL MINUTE
September 5, 1995
The Council convened into a Closed Meeting on Tuesday, September 5,
1995 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT 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
1. Held a discussion regarding the duties and
evaluation of the Municipal Judge.
The Council convened into a Work Session on Tuesday, September 5,
1995 at 6:00 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Duller and Young.
ABSENT: None
1. The Council considered nominations to the Economic Development
Transition Committee.
City Manger Harrell stated that this item was placed on the agenda
as directed by Council. According to the plan adopted by the
Council, each member was allowed up to three nominations for
membership on the Committee.
Council Member Cott nominated Ed Smith, Dick Smith, and Harry Holl.
Council Member Brock nominated Ed Smith.
Council Member Miller nominated Troy LaGrone, Bob Coplen, and
Chprles Stafford.
Mayor Castleberry nominated Derrell Bulls and Barbara Russell.
Mayor Pro Tem Biles nominated Harry Holl, Ed Smith, and Carl
Anderson.
Council Member Young nominated Carl Anderson, Dick Smith, and Ed
Smith.
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City of Denton City Council Minutes
September 5, 1995
Page 2
Council Member Krueger nominated Carl Anderson, Dick Smith, and
Harry Holl.
2. The Council considered appointments to the Blue Ribbon CIP
Committee.
Council Member Krueger appointed Jesse Coffey.
Mayor Castleberry asked for nominations for chair of the Committee.
Council Member Brock nominated Margaret Smith.
Council Member Krueger nominated Joe Mulroy.
Council voted on the nomination of Margaret Smith for chair. On
roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "nay",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
failed with a 3-4 vote.
Council voted on the nomination of Joe Mulroy for chair. On roll
vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock
"nay", Biles "aye", and Mayor Castleberry "nay". Motion carried
with a 4-3 vote.
Council Member Young stated that he would have another nomination
in Mr. Mulroy's position at the next meeting.
3. The Council considered an appointment to the Community Justice
Council.
City Manager Harrell stated that the back-up materials contained a
letter from Judge Gabriel regarding appointment to this comiaittee.
Council Member Brock nominated Mayor Pro Tem Biles for the
position. on roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
4. The Council held a discussion and gave staff direction
regarding the 1995-96 fiscal year budget.
City Manager Harrell reviewed the usual procedure for this meeting.
At the next meeting the Council would consider the ordinance
formally adopting the budget, and setting the tax rate along with
the various utility adjustments which were contained in the
proposed budget. Normally the Council began with the general fund
and worked towards zeroing out the items proposed in general fund
budget. At that point the council considered the Utility
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City of Denton City Council Minutes
September 5, 1995
Page 3
Department budget. He would be reviewing each major issue, the
alternatives and would ask for a preliminary decision on which
alternative the council would like to pursue. In the past, if one
member wanted to defer an item, the Council would do so.
It was indicated in a memorandum to the council dated August 8,
1995, that from the time the preliminary budget was submitted to
the Council until the August 8, 1995 date, there were several
negative revenue setbacks which meant the General Fund budget
process would start in a deficit. Most of that came from the final
tax roll which was less than what was projected. The Council also
bad a lowered emergency services payment and there were lower sales
tax projections in that time period. In August the sales tax was
down over the projection of $112,127. That was a preliminary
number with a few receipts still outstanding. The numbers would
probably get a little better but not much.
Council Member Krueger stated that the August sales tax revenues
were not due and a able
until
September p Y
20th. The final bill was
not due to be postmarked until September 20th.
Kathy DuBose, Executive Director for Finance, stated that that
would be received the 1st week in October. What was shown was the
City's receipts for the month of September that the State collected
in August.
Council Member Krueger stated that it was actually a month behind.
It was not really reflective for August.
DuBose stated that there would be one more month to make up the ,
twelve months.
Council Member Krueger stated that when a $112,000 deficit was
shown, there actually were 15 more days of collection for August.
DuBose replied that those were funds which were collected and due
to the State by the 20th of August. The City received them two
weeks later.
Council Member Krueger stated that they were due for August but was
July's reading.
DuBose stated that that was money which was collected and turned
into the State by August 20th. The State then paid the city the
second week in September for those receipts.
Council Member Krueger stated that this was not August money and
was not reflective of the sale tax-which was generated in August.
City of Denton City Council Minutes L0_
September 5, 1995
Page 4
DuBose replied correct.
Council Member Krueger stated that the statement that the City was
behind $112,000 in August was not correct. This was July's money.
City Manager Harrell stated that the City had received eleven
months worth of sales tax receipts from the State. The City would
receive one additional month which would be credited to the 1994-95
fiscal year. It would be received in October but would be noted as
September revenue. For the 11th month time period, the projected
revenue would be $112,000 short.
Council Member Krueger asked that when projections were made for
August was that for July or for August.
City Manager Harrell stated that it would be July sales which the
City would account for in the month of August. But would be
reflective of sales made in July.
Council Member Krueger stated that he was making a point that this
was July which was the end of the quarter when a majority of the
taxpayers paid their quarterly tax. Revenue could not adequately
be predicted if the revenue for August was based on July figures.
DuBose stated that those were the actual receipts which the City
would receive in September for August. That number would not
change. The money received next month would be August/September
receipts which were paid in August. Based on generally accepted
accounting principles those were recorded when measurable and
available.
Council Member Krueger stated that he was worried about how the
City was basing its revenue assumptions.
City Manager Harrell stated that adding that $112,000 deficit for
the August sales tax report for July sales into the other figures,
resulted in a $453,688 deficit to start the budget process.
Possible revenue sources included the 1994-95 revenue items
mentioned in the August 17, 1995 memorandum in which it was
mentioned that the sales tax was less than what was projected. A
number of revenue sources were outlined in that memorandum which
were over and above what was estimated at the start of the fiscal
year. All of those added to $1950000. A second item was the final
Sammons Cable franchise tax which was $10,000 over what was
projected in the budget. A third possible revenue source dealt
with the percent of collection rate of property taxes due.
Currently the City projected that it would collect 98.5% of the
property Lax revenue which was due the City. That collection rate
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City of Denton City Council Minutes
September 5, 1995
Page 5
was fairly conservative because normally on top of the property tax
received, supplements were received during the year. When all of
the supplements were taken into consideration, the figure exceeded
98.5%. If Council wanted to set the figura at 99.5% collection, it
would add in $109,000. If Council wanted to assume 100$ collection
rate, $163,000 could be added in. Staff felt that either of those
were safe to do. A 1% increase was more conservative but even if
Council decided to do 100%, the historical receipts from the City
indicated that that would be possible. A fourth possibility dealt
with GTE. The Court had ruled in the GTE franchise manner. GTE
had asked the Court to allow GTE to put into the safekeeping of the
Court their franchise tax which was not in dispute until the matter
was settled. The Court ruled against that motion to put those
dollars in the registry of the Court. The proposed budget had been
prepered assuming that the franchise taxes would not be available
to the City. It was assumed that only h of franchise tax would be
received for 1994-95 and none for 1995-96. Because of the Court
ruling, staff was fairly confident that this would not be
appealable. If GTE made a decision to withhold payment, there
might be a problem. A move like that would be a clear breach of
the franchise agreement. Before Council started the major budget
issues some of that revenue could be added back into the budget for
total of $385,000.
Mayor Pro Tem. Biles stated that Council Member Krueger and he had
been working for several weeks on some proposed budget adjustments.
They looked at the income and expenditure sides of the budget and
a number of items were tied together.
Council Member Krueger proposed the following income adjustments:
(1) increase the projected sales tax growth. The proposed growth
was for 3%. He suggested a 3.5% which would add $52,500 to the
income budget. (2) increase the projected property tax collection
percentage to 99.5% which would add $110,000 to the proposed
budget. (3) include the increased revenue estimates for $195,000.
(4) begin a curbside recycling privatization with an annual
contract revenue of $60,000 with a contract to start January 1,
1996. (5) do not implement the extra fee on cable television. It
was felt that now was not the time to hire a producer. (6) include
the GTE franchise fee income which assumed settlement of the suit
or a compromise for payment of franchise fees for $140,000. The
total increase in revenue would be $519,367 which he felt were
fairly safe assumptions for increases.
Mayor Pro Tem Biles presented the following expenditure proposals:
(1) do not implement the additional recycling programs as proposed
which would take away $374,000. The final plan had not been
determined but would move in that direction. (2) do not add the
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City of Denton City Council Minutes
September 5, 1995
Page 6
cable television producer which was revenue/expenditure neutral and
would save $23,133. (3) purchase an ambulance instead of a squad
which would save $4,348. (4) do not implement a direct mail
newsletter which would save $7,185 and would also save $21,00 in
the Utility fund. (5) decrease the bad debt expense which would
save $15,000. (6) decrease refunds of prior year revenue which
would save $5,000. The total decrease in expenditures would be
$428,666. The total impact on the 1995-96 budget was to equal a
8.68% reduction in property tax. That was the amount of f;:t in the
budget.
Council Member Cott did not call shifting arouE,! numbers "finding
fat". He saw this proposal the previous Sunday evening and felt
that he could not agree with it. This was a Council-Manager form
of government with a good City Manager. There was no possibility
of this council budgeting and staff being able to follow that
budget.
Council Member Miller felt that these were not necessarily savings
of expenditures or more revenues. It was just a different way to
budget for it. It did not generate $52,000 in sales taxes. They
were saying that the City had underestimated the revenue for next
year in the amount of $52,000. Year-to-date, if the City were to
be even in sales tax with the half cent sales tax added, it would
be up 503 in sales tax revenues this year. A 44 sales tax growth
had been projected but were 44.83 above the sales tax for last year
thus not even being equal with last year. Actually the sale tax
was running behind and had done so for a number of months. The
same held true for projected property tax. For projection
purposes, another 1-1.53 could be added which would show that the
city would have that amount of dollars to spend in the budget but
did not add one cent for revenue. He was not clear on the
reprivatization for recycling. Was the proposal to have a contract
for $60,000 and there would be no charge to homeowners for
recycling.
Council Member Krueger stated that Council Member Miller knew that
a firm would not do it for nothing but would do it for a nominal
fee. This would be a voluntary option and would save citizens
money.
Mayor Castleberry stated that the City did not have a contract with
anyone at this time and could not budget on an assuAption.
Council Member Miller stated that he was not clear on the proposal.
There was a long term plan which the Council had avreed with. He
felt that the Council was not sitting as policy makers but rather
decision makers and he was puzzled about the implication.
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Mayor Pro Tem Biles stated that staff had indicated twice that the
City did not have the specifics worked out on curbside recycling
and was not prepared to implement a program at this point in time.
Council Member Miller felt that staff was indicating that the
details were not know at this point in time and if they did not
know the details, the money would not be spent. The programs would
come to Council before the expenditure of funds.
Mayor Pro Tem Biles stated that if the details were not worked out
and the money was not going to be spent until they were, it could
be spent cn fire fighters.
Council Member Brock asked what percentage of the citizens would be
participating in the contract which would net the City $60,000.
Council Member Krueger stated that that would be a mandatory
program at a cost of $1.50 per month.
Mayor Castleberry felt that Council should return to the regular
agenda order to follow procedures. He stated that the sales figures
throughout the Country were down in August.
City Manager Harrell stated that with the above proposal, solid
waste revenue which was an enterprise fund of the City was mixed
with the General Fund. The General Fund needed to be balanced and
then, as a subsequent issue, deal with the solid waste system which
was a stand alone system. This was the first time he had seen this
proposal. Neither he nor staff had been able to see the proposal
before this meeting. He felt somewhat inadequate that staff could
not respond and try to help the Council work through the budget
balancing process. There were a number of elements in the
recycling program, only one of which was curbside recycling.
Mayor Castleberry stated for the record that he was not present at
the Sunday meeting. He indicated that there were three items
listed for a total of $385,000 to help reduce the beginning
deficit. Those included $195,000 for the revenue proposals,
$10,000 from the Sammons franchise, and $180,000 from GTE.
Krueger motioned, Miller seconded to use those amounts to reduce
the beginning deficit. On roll vote, Miller "aye", Young "aye",
Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried with a 6-1 vote.
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Page 8
Krueger motioned, Biles seconded to increase the property tax
collection rate by 1$. On roll vote, Miller "aye", Young "a}':",
Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor
Castleberry "aye". Motion carried unanimously.
City Manager Harrell stated that the process with the above changes
would start with a positive $40,561. He reminded the Council that
last week it authorized staff to make application for three
additional patrol officers at a first year cost of $40,000.
1. General Fund Reserve Level - traditionally this level was kept
at lot of the General Fund. A 10% fund balance would free up
approximately $1,715,000 which could be used for other General Fund
programs. That was the amount which was programmed into the
proposed budget. Staff's recommendation was to keep the level at
10$ which was a prudent level.
Brock motioned, Miller seconded to maintain the reserve level at
10%.
Council Member Krueger asked how the reserve level got to 15% if
revenue was not being underestimated and expenditures not being
overestimated.
City Manager Harrell -.Lated that when revenue projections were
presented to the Council, staff attempted to be realistic but tried
to error on the conservative side. one procedure staff members
were encouraged to do (and which was part of their evaluation
process) was how did they administer their budget. By staying with
10%, the process was started with $1.7 million to be allocated to
expenditures within the budget. That was a way not to have to
raise taxes or to look for other revenues or expenditures. He felt
that that was good budgeting.
Mayor Castleberry felt that 10% was prudent and worked well.
Council member Cott felt that the Council needed to be careful
about what new programs were taken on and how the taxp?.firers money
was spent.
On roll vote to maintain the reserve level at 10%, Miller "aye",
Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye",
and Mayor Castleberry "aye". Motion carried unanimously.
2. Revenues
A. Sales tax - cent to reduce qronerty taxes - The budget
document stated that the estimate indicated that there would be an
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City of Denton City Council Minutes M0
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Page 9
increase over last year's cent sales tax receipts of
approximately $202,000. That equalled a 1 cent decrease in the
property tax rate. The staff recommendation was that the
additional sales tax amount, in accordance with the spirit of the
adoption of the additional sales tax, be earmarked for another
reduction of the property tax. There was nothing in the law which
required the council to follow through with the property tax
reduction and Council could take the $202,000 for other programs.
Mayor Castleberry stated that staff's recommendation was to
maintain the tax reduction.
Brock motioned, Miller seconded to accept the recommendation to
have a 1 cent decrease in the tax rate funded by the h cent sales
tax. On roll vote, Millar "aye", Young "aye", Cott "aye", Krvnger
"aye", Brock "aye", Biles Faye", and Mayor Castleberry "aye",
Motion carried unanimously.
B. Sales tax - One Percent General Purpose Tax - the
recommendation was to estimate the sales tax growth for next year
at 3%. However, this budget report was presented and put together
approximately three months ago. Since that time, there had been
three months of less than positive news on the sales tax. Every
percent in either direction was equal to $105,000.
Brock motioned, Miller seconded to adopt 31. On roll vote, Miller
"aye", Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles
"nay", and Mayor Castleberry "aye". Motion failed with a 3-4 vote.
Biles motioned, Young seconded to adopt 3.25%. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "nay",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-
1 vote.
C. Property from tax - the proposed budget recommended that
the tax rate be reduced $.5609 to $.5409. One penny of that was
driven by the half cent sales tax and the other from the property
tax receipts. The adjusted tax rate, to get to the effective tax
rate, would only require the Council to go dawn $.0123 per $100
valuation. A $.02 tax decrease would be below the effective tax
rate. Options were to set the rate at the recommended $.5409 or
set the rate at the effective rate of $.5522 as opposed to the
proposed budget rate which would provide for $202,342 for
additional expenditures. Each penny adjustment was worth $195,000.
Mayor Castleberry indicated that the proposed rate was a $.02
decrease from the current tax rate.
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September 5, 1995
Page 10
Biles motioned, Young seconded to reduce the property tax rate to
$.5409 per $100 valuation.
Council Member Krueger felt that the Council might not be ready to
set the tax rate as there were more major budget issues to discuss
which might create an avenue to lower the rate even more. He did
not feel $.02 was enough.
Council Member Cott felt that the rate should be lowered to $.5309
if the effective tax rate was not included.
City Manager Harrell stated that the proposed budget balanced the
budget by having one cent driven by the half cent sales tax to
reduce the property tax and another cent driven by a general tax
decrease. If the proposal was to go down to $.5309, Council would
need to find other cuts to make up the $109,000 difference.
Council Member Miller stated that these were tentative decisions
based on current informatio,:. Before a final vote was taken the
Council could still change #.he figures. If other expenditures were
found, the rate could be changed again.
On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
D. Cable Television
Council Member Cott left the meeting.
City Manager Harrell stated that in the proposed budget there was
an expenditure increase of $23,133 and a corresponding revenue
enhancement increase which translated to a $.25 charge on cable
bills effective April 1, 1996 to pay for that additional
expenditure. Council had asked for enhancements to the cable
television services such as reruns of the Council meetings,
televising Planning and Zoning Commission meetings, and producing
short news articles which could be shown on the channel. The $.25
would fund the above proposals, $.35 would fund the proposed
enhancements plus other cable expenses associated with the current
cable television operation which would free up some additional
money for the budget. A queEtion had been asked about what could
be funded with $.30. The $.10 would generate $9,000 which would
pay for the part-time help and rerun some Council meetings.
Council Member Cott returned to the meeting.
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Council Member Brock stated that she was the one who promoted the
idea of opening up the process of government. Currently all of the
tax payers were supporting the televising of the Council meetings.
Adding a small fee to the cable bill allowed those who benefit from
I the cable service to pay for that service. This was a common
practice in this area. The issue was open government communicating
to the public and she felt it would be helpful to have live
broadcasting of the Planning and Zoning commission meetings,
televising or taping other board/commission meetings - especially
those of general interest items, having extra copies of meetings
available for public review, and rerunning meetings at regular
times during the week. She felt the fee was nominal and that the
proposed $.35 charge would be equitable for those using the cable
services.
Brock motioned, Miller seconded to authorize a $.35 cent charge on
nach monthly cable television bill.
Council Member Yol;ng stated that he had had contact with cable
users and they were against an increase in cable bills. He
suggested making use of what was available.
Mayor Pro Tem diles stated that open government was extremely
important and opening those avenues was also extremely important.
He expressed a concern about spending $23,000 as proposed with the
$.25 fee. He suggested finding other ways for the enhancements
rathea that this proposal.. He was not against open government but
against the proposal.
on roll vote, Miller "aye", Young "nay", Cott "nay,-, Krueger "nay",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
failed with a 3-4 vote.
Young motioned, Krueger seconded to not charge any new fees on the
cable bill.
Council Member Miller asked if that was not the effect of the first
motion.
Council Members Young and Krueger withdrew t?.e motion and second.
City Manager Harrell stated that there would be a tentative removal
of $23,000 from the revenue and expenditure sides.
E. Miscellaneous Fees - currently the C.ty charged an annual
consumer health permit fee for restaurant, grocery store and day
care inspections which ranged from $35-$210. In surveying other
cities about what they were charging for similar services, it was
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found that Denton was slightly behind other cities. Staff was
recommending as part of budget a $10 increase of all categories of
consumer health permit fees. That would allow for an additional
$3,660 of revenue which was incorporated in the proposed budget.
Alternatives were to proceed with the increase or if not
implemented, subtract the amount from the proposed budget.
Krueger motioned, Young seconded to keep the consumer health permit
fee as was in the 1994-95 fiscal budget.
Council Member Cott asked if the cost for this service was lower
than other cities so that an increase was not required.
City Manager Harrell stated that these fees were generally paid to
try and recover the City's cost of providing that particular
service. This was a fee which had not been adjusted for a number of
years. It could be provided by the user or by the general property
tax payer.
Council Member Brock assumed that the State law required that these
inspections be made. Without raising the fee, the tax payers were
subsidizing the application of this State law.
Council Member Krueger asked if the administrative costs were
currently exceeding what was being charged.
City Manager Harrell stated that this was not an independent cost
center. The fees were set to try to recover the cost of the
service.
On roll vote to maintain the current fee, Miller "nay", Young
"aye", Cott "nay", Krueger "aye", Brock "nay", Biles "aye", and
Mayor Castleberry "nay". Motion fai.ed with a 3-4 vote.
Brock motioned, Miller seconded to add $10 to the inspection fee.
On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "nay",
Brock "aye", Biles "nay", and Mayor Castleberry Flaye". Motion
carried with a 4-3 vote.
3. Pay. Plan Adiustments - the proposed budget recommended an
average increase of 4.8t for all non-civil service employees which
would be staggered starting January 1, 1996 and all Civil service
employees effective January 1, 1996 plus scheduled step increases.
It was felt that 4.8% was prudent and affordable. If Council did
not approve any compensation increases, $640,000 would be saved.
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Bi:.es motioned, Miller seconded to adopt the 4.8% as noted above.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
4. Benefit adjustments
A. Health insurance - the proposed budget estimated a 5%
increase in health premiums. Alternatives included not having the
City pay for the 53 for employees and pass that cost to employees
which was a cost savings of $73,661. The budget recommended that
the City continue the practice of paying for the employee share and
if the employee desired dependent or spouse coverage, he pay for
that cost.
Biles motioned, Miller seconded to proceed as recommended by staff.
On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
B. TMRS - in 1994 the Cit•.- anged the TMRS program from a
5$ 2-1 program to a 64 2-1 gram. At that point, the City
continued to monitor what er cities were doing for their
retirement programs. In t~, burvey, it was found that Denton was
only one of two cities it offering a 6t participation rate as
opposed to a 7t partic tion rate. The cost of 7$ was expensive
to the City and to ,.e that change would impact the General Fund
$198,557. Staff recommending keeping the 6$ level.
Young motione,., Brock seconded to maintain the current 6$ 2-1
match.
Council Member Krueger asked about the possibility of increasing
perhaps 1/10th or 2/10ths of a percent instead of a full percent.
City Manger Harrell stated that the State law indicated that the
percent rate could be at 5%, 6t or 7%. There was no option to have
other levels. An alternative could be to set aside an amount in
reserve and in 2-3 years implement a 7% program without a drastic
increase.
Council Member Krueger stated that with all of the recruiting
problems in Civil Seivice and other areas of the City, this would
be an added tool to attract quality individuals.
on roll cote, Miller "aye", Young "aye", Cott "nay", Krueger "nay",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 5-2 vote.
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5. Positions - the following positions were proposed in the
budget:
A. Secretary in Facilities Management for a cost of $11,811.
B. Accounts Payable Clerk for a cost of $20,610.
C. Communications supervisor in the Fire Department with a
hire date of April 1st at a cost of $31,214 for six months and
$62,428 for an annual cost.
D. Half-time Secretary in the Planning Department for a cost
of $11,400.
Biles motioned, Brock seconded to approve the positions.
Council Member Young expressed a concern regarding the
Communications Supervisor position. He felt the salary of $62,428
was too high and would be more than the Municipal Judge, Treasurer
and Librarian were making. Those three individuals were Afro-
American and their salaries needed to be increased.
City Manager Harrell stated that the actual supervisor position was
a Fire Captain with assignment pay. The salary was $47,228 with
the remainder to the costs being the benefits associated with the
position.
Council Member Krueger asked for an explanation of the benefits.
City Manager Harrell stated that benefits included life insurance,
health insurance, workers compensation, fire fighters pension,
social security, lonqevity and incentivo pay.
Mayor Castleberry asked if it required a captain's position to be
a supervisor.
Chief Cook stated that the position would be a sworn Civil Service
position of captain with incentive pay. A captain was a first line
supervisor position. This position would require t.-)meone with
computer knowledge to bring the system on line.
City Manager Harrell stated that this would be a 40 hour per week
position. This could be offered to those now working 24 hours on/
48 hours off.
Council Member Young stated that he would like to take a look at
the Municipal Judge, Librarian and Treasurer's salaries.
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On roll vote to approve the proposed positions, Miller "aye", Young
"nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and
Mayor Castleberry "aye". Motion carried with a 6-1 vote.
6. Fire Department - a previous motion approved by Council was to
add six positions effective October 1st and six additional
positions effective April 1st. At that time, Central Fire station
would go back into service with sufficient funds being budgeted for
training, equipment and furnishing the Central Fire Station.
Council Member Miller stated that the equipment was for a quint and
a squad.
Mayor Castleberry stated that current equipment could be used for
a while.
City Manager Harrell felt that the proposal was to take all of the
expenditures for the six additional fire fighters plus the
equipment, furnishings and training out of the Fire Reserve. The
proposed budget had $243,000 in the Fire Reserve Fund. If the
proposal of Council Member Miller were followed with those pieces
of equipment, the Reserve Fund would be drawn down to $11,088 for
the 1996-97 budget. The proposal made was to purchase a squad and
a quint as part of that program. There were several other
alternatives which could reduce that cost which was now estimated
at $64,588 to either zero dollars or $15,208. Any of those
alternatives were workable but staff wanted to make sure that
although all of those costs were being covered in this budget, in
1996-97 there would be a $300,000 increase in the budget. If the
entire Fire Reserve budget was gone, none of those fund would be
available to help move gradually into that $300,000 amount.
Mayor Castleberry asked for the cost of opening station 1.
City Manager Harrell stated that Council Member Miller's proposal
would take $237,324 now in the budget for six fire fighters,
equipment and training to be effective October 1st. Added to that,
drawn down from the Fire Reserve fund, would be $231,912 which
would include six people effective April 1st, uniforms, training,
apparatus and a leased-purchased quint at $53,500 and the furniture
at Central Station for $50,000. The new Fire Reserve balance would
be $11,088. The second year costs assumed in the budget would be
$324,824 which would have to be considered in the next year's
budget.
Mayor Castleberry stated that the cost of moving back into Station
one was not included in those figu:3s except for $50,000 for
furniture.
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City Manager Harrell stated that it did not include any kind of
structural repairs to the Central Fire Station. Staff was
concerned about the long range usefulness of that building.
Mayor Castleberry stated that one of the estimates to improve the
building was $500,000.
Mayor Pro Tem Biles stated that the objective was to reopen central
Fire Station and not spend funds to improve the structure. This
would give added protection for District Three. He stated that if
the squad were deleted and an ambulance purchased, there would be
approximately $70,000 difference and if left in the Fire Reserve
fund the level would be approximately $81,000.
City Manager Harrell stated that some similar type of scenario
would be excellent. If Council felt that this was a good program
and knowing that there would be a big budget impact next year, it
made sense to try to set up a reserve fund to moderate the effect
for the next year. If Council wanted to move back to Central with
a quint, staff felt that it would make sense operationally to
package that u ith a squad as opposed to an ambulance. If a
standard fire vehicle was going to be used, then an engine and
ambulance could be staffed. If a quint was used to staff Central
with no squad, the quint would be run on 75% of the calls. That
large piece of equipment did not need to be run on those types of
calls. A squad could be used on those calls.
Mayor Pro Tem Biles asked if there was a reserve engine to use at
this point in time.
City Manager Harrell replied correct.
Mayor Pro Tem Biles stated that on April 1, 1996 a quint, a reserve
engine and an ambulance should be in Central so that when an EMS
run was done, the engine and L.abulance would respond and not the
quint.
City Manager Harrell replied that that would be a good scenario
provided the space was available. The negative side of that would
be that the reserve engine was in that capacity for some reason and
was not a front line piece of equipment. It could be used on a
short term basis but it should not be used to base long range
staffing on.
Fire Chief Cook stated that one reserve engine had had major
repairs to it and the other unit was 26 year old. He could not
guarantee a reserve engine would be available.
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Council Member Miller asked for the Chief's feelings about having
a quint and a squad as a unit for Central.
Cook stated that it gave the optimum in terms of options. He would
prefer a quint and a squad.
Biles motioned, Young seconded to purchase a quint and an ambulance
from the equipment perspective and make the according budget
adjustments of the $41348. $66,000 would be used to maintain a
higher Fire Reserve to provide working room for next year.
Council Member Brock assumed that if $40,561 was going to be added
to the Fire Reserve that the three additional police officers would
not be funded.
Mayor Pro Tem Biles stated that the point of his motion was to
accomplish the equipment direction to staff and maintain the Fire
Reserve balance.
Council Member Brock stated that the purpose of the Fire Reserve
fund was to facilitate the opening of an additional fire station.
Council had already voted to reopen Central which would add a sixth
station.
Mayor Pro Tem Biles stated that his motion would accomplish opening
a station but the surplus could be applied back for operations.
There was a need to maintain a balance in that fund.
Council Member Brock pointed out that for less than a $5,000
difference in the equipment a great deal of flexibility was being
given up as a squad carried more men and had more functions.
Mayor Castleberry asked for the cost to reopen Station One, other
than the $50,000 in furniture.
City Manager Harrell stated that no additional money would be spent
to open Station One other than $50,000 for furniture. No
structural repairs would be done.
Mayor Castleberry asked about painting or replacing needed air
conditioners.
City Manager Harrell replied no. Anytiing which would be done to
the station would have to be done with the $50,090. At some point
if Council decided to stay permanently in Central, there would be
a large price tag to think about.
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on roll vote of Mayor Pro Tem Biles' motion, Miller "aye", Young
"aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and
Mayor Castleberry "nay". Motion carried with a 5-2 vote.
City Manager Harrell stated that the motion as approved was to add
the difference between the squad and an ambulance of $4,348, the
$71,159 which was the budget balance and the $11,000 which was
already in the Fire Reserve to the Fire Reserve fund.
7. Combination Fire Squad - the proposed budget recommended that
one ambulance Le replaced next year with a squad and allocated
$13,848 to lease purchase that new vehicle. Options to consider
were to proceed with the replacement, not fund the squad and not
make the allocation or provide some type of substitute equipment.
Mayor Castleberry stated that this was only for the purchase of a
piece of equipment.
City Manager Harrell stated correct that it was to replace ;i
current front line ambulance.
Biles motioned, Krueger seconded to purchase an ambulance rather
than a squad.
Council Member Miller asked for the reasoning to purchase the
ambulance rather than a squad.
Council Member Krueger stated that one of the recommendations was
that the new chief might want to make that decision later. He felt
it was better to be more conservative now and let the new chief
decide what to do.
City Manager Harrell stated that staff's suggestion was to leave in
the budget $13,848 which would let the new chief evaluate the needs
and then return to Council with a suggestion for a purchase. If
the choice were made to reduce the funding to an ambulance level,
that kind of option would not be available as there would not be
enough dollars available for a squad.
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On roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye",
Brock "nay", Biles "aye", and Mayor Castleberry "nay". Motion
carried with a 4-3 vote.
8. Fire Reserve Fund - this decision was made earlier.
9. City Hall Renovation - in 1991 the Council adopted a long
range space plan for the City. That space plan recommended the
remodeling of the old Moore building into the Denton Municipal
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Complex, to re.todel the old Police Department into City Hall West
and remodel City Hall to bring up to ADA and code compliance. The
proposed budget allocated one time expenditures to accomplish the
City Hall renovation. There was $319,000 from previously sold
bonds combined with $402,547 in General Fund money and $420,000 in
utility funds for total of $1.1 million to renovate the building.
Young motioned, Brock seconded to follow staff recommendations. On
roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay",
Brock "aye", Bilei "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
10. Other Agency Contributions - the Human Services Committee
received requests of approximately $522,000 of which $166,000 was
recommended from Community Development Block Grant funds and
$155,100 from the General Fund to fund those social service
requests.
Council Member Miller left the meeting.
City Manager Harrell stated that the options fo
be to fund at the for this issue would
level requested by the ager,;;fes which would mean
locating an additional $201,000 out of the budget or fund at the
level recommended by the Human services Committee. The City of
Denton was one of the few cities which devoted a significant ar,ount
of its General Fund budget to fund social service agencies.
Young motioned, Brock seconded to fund at the staff recommended
level.
Council Member Cott stated that approximately two years ago he
started discussing that CDBG funds were going to start being
reduced and that was now happ,~ning. He disagreed with funding out
of the General Fund. In the future, there would no longer be Block
Grant funds and felt that the City needed to find a permanent
solution to this problem.
Council Member Brock felt that it was correct that the City would
not be receiving block grant funds in same amount, but felt that
that did not mean that the City should not accept and expend those
funds this year.
Council Member Miller returned to the meeting.
Council Member Cott stated thrt he agreed and felt that the City
should try to increase funding if possible. But this was the
second year of using General Fund dollars and that was not what
that fund was intended for.
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Council Member Young stated that the Federal government was
beginning to cut funds but right now the money was available and
the City should use it.
Council Member Krueger stated that he had received many letters
over this issue. He stated that when he had a charity he wanted to
donate to, he did so with his own money. He did not use tax dollars
to donate to them. If the Block Grant would cover the costs, that
was fine, but he hated to see the City using General Fund money,
taxpayers dollars. He used his own money to give to charities and
felt that everyone else should do that and should not b-a taxed to
do such.
on roll vote, Miller "aye", Young "aye", Cott "nay", Krieger "nay",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 5-2 vote.
Council Member Young left the meeting.
11. Tax Exemption for Persons over 65 - in 1W the Council
established a long range goal of trying to raise the property tax
exemption for people over 65 years of age to $25,000. At that time
the exemption was at $16,000. Except for one year since that time,
$1,000 had been added so that currently the level was at $22,000.
The proposed budget included a $1000 increase in the exemption.
Options for this issue were to keep the present level of $22,000
which would increase the budget by $15,000, increase the amount
immediately to $25,000 and find $30,000 in the budget or follow the
recommendation to increase the level by $1,000.
Krueger motioned, Brock seconded to increase the exemption by
$1,000.
On roll vote, Miller "aye", Cott "nay", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-
1 vote.
12. Vehicles - the budget recommended the funding for the
replacement for 42 vehicles and pieces of equipment for $283,997.
or.-ions would be to not make those replacements and continue to use
current equipment, replace the 42 vehicles and equipment, or fund
all requested vehicles which would require the expenditure of an
additional $613,000. Staff was recommending the replacement of the
42 vehicles.
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Biles motioned, Brock seconded to follow the staff recommendation.
On roll vote, Miller "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
13. Newsletter - currently the City produced a four page
newsletter which was included three times a year as a insert in the
Parks and Recreation brochure which was delivered as a part of the
Denton Record-Chronicle. The Public Utilities Board had recozunended
a direct mailout four times per year to every household i„ the
City. The cost for such a mailout would be $7,185 to the General
Fund and $21,555 in the Utility Fund. There were offsets of
approximately $14,200 for the cost foL additional printing in the
Parks and Recreation brochure and some advertising decreases. The
cost to the budget to produce a four time direr: mailout before
offsets would be $7,185 to the General Fund.
Miller motioned, Brock seconded to approve the recommendation.
Council Member Cott felt the objective was good but did not feel
the City should do the work. He felt it should be done with the
Denton Record-Chronicle.
Mayor Pro Tem Biles felt that this was too much for advertising.
He objected to General Fund dollars being spent in this manner and
felt it was not appropriate until there was a better approach to
spend those dollars. This newsletter would not increase the
taxpayers awareness of City projects.
Council Member Young returned to the meeting.
Council Member Krueger stated that $7,000 was a large amount of
money to many people. A direct mailout would not increase the
overall awareness of what the City was doing.
Mayor Castleberry felt that there was a need to get the message
across the best way possible and that way was through direct, mail.
He felt this money would be well spent for the newsletter.
On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "nay",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
failed with a 3-4 vote.
14. Municipal Judge's Budget Requests - the Judge's proposals
included the addition of a half-time bailiff and associated safety
improvements requested as part of the Municipal Court operation for
a total cost of $40,000. It was proposed that those be paid for
with an additional $3.00 per case charge that the Judge had the
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authority to impose upon ordinance adopted by Council. Council had
` asked staff to review the proposal for a vehicle for the bailiff.
The budget included using a police vehicle scheduled to be sold as
a vehicle for the bailiff. This would be done at the six month
level. The Judge had estimated a 48 month lease for a new vehicle
at $3671 sinus the $2,000 salvage price already included in the
$40,000. That would require an additional allocation of $1,671.
Biles motioned, Brock seconded to approve the $40,000 expenditure
and to incorporate the $3.00 fee to be imposed.
Young motioned, Miller seconded to amend the motion to allow for a
new vehicle for the Judge. A new car would eliminate required
maintenance for a used vehicle.
Council Member Miller stated that this proposal would add another
$1,671 to the budget.
City Manager Harrell stated that that would be for one year. It
would increase in subsequent years.
Council Member Cott stated that he was against idling more cars to
the organization. There was a need to stmt a reduction of
vehicles in the organization.
Mayor Castleberry saw no reason for a new automobile. He was also
against the original motion. When Municipal Ccurt met in the
Council Chambers he heard many people indicating that they could
not pay their fines already.
On roll vote for the amendment, Miller "aye", Young 10aye", Cott
"nay", Krueger "aye" Brock "nay", Biles "nay", and Mayor
Castleberry "nay". Motion failed with a 3-4 vote.
on roll vote of main motion, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"nay". Motion carried with a 6-1 vote.
15. Additional Officers Through the ^.OPS Grant: - the first year
local price for adding three additional officers was approximately
$40,000. The application for the grant had been filed per Council
direction. $40,000 would have to be added to the budget but would
be spent only if the grant was awarded.
Cott motioned, Biles seconded to approve the funding. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye" Motion carried
unanimously.
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16. Drapes for the MLK Recreation Center - there was a proposal to
purchase $3,900 worth of drapes for the large meeting room at the
MLK Center.
Mayor Castleberry stated that the room configuration had been
changed and felt that the money could be spent more wisely in other
areas of the Center.
Miller motioned, Young seconded to approve the request. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "nay", Brock
"aye", Biles "nay", and Mayor Castleberry "nay". Motion carried
with a 4-3 vote.
17. After School Action Site Program and City Supported Day Care
Centers this was not a budget issue and might be something the
Council would want to consider after the budget. The After School
Action Site Program was a stand alone pay-for-service program. The
General Fund received $13,865 for this program as the fees
collected went to pay for the costs to provide the service.
Council Member Young motioned to table consideration until after
the budget.
Council Member Krueger felt that it was too late to consider the
issue for this year. He wanted to look into the issue later and
suggested a committee of staff and day care facilities- to consider
the issue.
Mayor Pro Tem Biles seconded to table the issue. On roll vote,
Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "nay". Motion carried with a 6-
1 vote.
D. Other Budget issues for General Fund
Council Member Miller stated that the Senior Citizens Center had
expressed the need for a van. For approximately three years, they
had been raising funds towards that van. He understood that they
had collected approximately $7,000 towards this van and were
proposing that the City purchase the van which would take carp of
this year's cost. There would be no budget cost this year but
would have one in the future. The van would be available for other
departments and other City activities.
Miller motioned, Cott seconded to accept the contribution from the
Senior citizen group and authorize the purchase of a van using
their funds this year for the cost and then take the costs out of
future budgets.
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Mayor Pro Tem Biles asked if the Parks Department already had a van
in the budget.
City Manager Harrell replied correct.
Mayor Pro Tem. Biles stated that this would be a duplication of
vans.
Council Member Miller stated that the other van was for general
use.
Council Member Cott stated that this was not a duplicate as it went
to different events.
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on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
Council Member Young stated that he would like to include the
Municipal Judge's salary, the Librarian's salary and the
h Treasurer's salary as budget items. All three of these individuals
were Afro-American directors of departments and all three had lower
salaries than other directors. He suggested each position receive
at least a $15,000 raise to bring them up to parity with other
directors in those positions. He felt those employees were
discriminated against and that needed to be corrected.
Mayor Castleberry stated that two of those three employees would
receive the 4.8% increase just approved by Council and one was a
City Council employee.
Council Member Cott felt these people would be insulted to receive
a salary review for the reasons stated. He felt that these people
were executives who did a fine job and earned good increases with
other employees.
Young motioned to increase the Municipal Judge, Treasurer and
Librarian's salary by $15,000. Motioned died for lack of a second.
City Manager Harrell stated that Council needed to give direction
on where to find the $32,715 which was now needed to balance the
budget.
Miller motioned, Biles seconded to reduce the general City reserve
by that amount.
Council Member Krueger asked about other expenditure items shown
earlier such as bad debt expense and refunds of prior year revenue.
City Manager Harrell stated that this was one of those occasions
when it would be good to have Council thoughts ahead of time so
that staff could help research those ideas.
Kathy DuBose, Executive Director for Finance, stated that with the
refund of prior year revenues, year-to-date $36,800 had been
expended. The bad debt expense was an annual adjustment done
during the year end audit and she did not have a forecast at this
point.
Council Member. Young left the meeting. j
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Mayor Castleberry asked if the collection on ambulance bills was
still at 50%.
DuBose replied that it was greatly improved due to the fact that it
was now electronically filed with Medicare and the change to direct
billing to the insurance agencies.
Council Member Krueger stated that he would like to explore other
possibilities of making cuts.
Mayor Pro Tem Biles withdrew his second to council Member Miller's
motion.
Council Member Brock seconded the motion to take the funds from the
General reserve. On roll vote, Miller "aye", Cott "aye", Krueger
"nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay".
Motion failed with a 3-3 tie.
Council took a brief recess. After the recess, all Council Members
were present.
Mayor Castleberry stated that there was a tie vote while council
Member Young was absent from the meeting. The item could be
considered again as all members were now present.
Miller motioned, Brock seconded to take $32,715 from the General
Fund reserve to balance the budget. On roll vote, Miller "aye",
Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay",
and Mayor Castleberry "nay". Motion failed with a 3-4 vote.
City Manager Harrell suggested an alternative on the revenue side
would be to increase the property tax collection rate to 99.75%
which would make up that difference. staff would feel very
comfortable with that figure.
Krueger motioned, Biles seconded to increase the tax collection
rate to the amount necessary to remove the deficit. On roll vote,
Miller "ayet', Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
B. Utilities
1. Electric
a) Rates-no general rate increase except for a 3.9% reduction
for the mid-sized commercial customers. The energy cost adjustment
rate was estimated to be at 1.7 cents per kilowatt hours.
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Biles motioned, Brock seconded to approve the proposal. On roll
vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
b) Positions - an Administrative Intern position was proposed
to be reclassified to a full-time Administrative Assistant I
position, a Clerk II was added to the Communications and a
Dispatcher position transferred from the water Department.
Brock motioned, Biles seconded to approve the positions. on roll
vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
c) New Division - this would move current personnel for a
better accounting of positions and would create a dispatch
division.
Biles motioned, Brock seconded to approve the new division. On
roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
2. water
a) Rates - the proposed rate would be increased by 2%.
Miller motioned, Cott seconded to approve the rate. On roll vote,
Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock ttaye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-
1 vote.
b) New Positions - one senior Engineer position would be
added to the Engineering Division to support the one-stop
processing in City Hall West.
Miller motioned, Biles seconded to approve the position. On roll
vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
3. Wastewater
a) Rates - a 2% increase was proposed in the budget.
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Cott motioned, Miller seconded to approve the rate. On roll vote,
Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-
1 vote.
i
b) New positions - the two positions recommended were for a
Laboratory Supervisor position and one Technician II position.
Biles motioned, Cott seconded to approve the positions. On roll
vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 6-1 vote.
a
investment from the u Wastewater sfund tto the this
Gewas a neral cfund. rThis ncap
was placed on a year ago and limited the transfer made from the
Wastewater fund to 124. It also set up a new 1$ street rental fee
on the electric side.
Biles motioned, Cott seconded to continue the cap. On roll vote,
Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-
1 vote.
4. Solid waste
a) Rates - the additional charge be assessed to the monthly solid month
waste charge for
residential customers increasing the charge from $12 to $13 per
month. In addition a 9.1% average increase for the commercial
customer and a $1 per cubic yard increase for the landfill disposal
rate.
Young motioned to not fund a.: he was against any kind of rate
increases at this point. Krueger seconded the motion.
Council Member Krueger asked if the $1 increase for the residential
customers was for operating expenses or for funding the Master
Plan.
Bob Nelson, Executive Director for Utilities, stated that the $13
would provide some flexibility to allow the Council to chose an
array of different types of plans. Fifty cents of the $1 increase
would be for flexibility of programs for recycling.
Council Member Krueger stated that if Council agreed to this
increase and then later decided to go with a private company with
all recycling needs, would the rates be lowered.
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Nelson replied no that the rates would have to be increased.
Curbside recycling programs from commercial entities were part of
the flexibility built into the Master Plan. $1.50 per customer
would have to be added to serve that curbside recycling.
Council Member Brock asked if some of the increase was due to the
cost of expanding the landfill.
I
Nelson replied correct especially in the commercial area and
approximately half of the residential rate was targeted to be
bringing the solid waste landfilling rate on a gradual basis.
On roll vote to not fund the increase, Miller "nay", Young "aye",
Cott "nay", Krueger "nay", Brock "nay", Biles "aye", and Mayor
Castleberry "nay". Motion failed with a 2-5 vote.
Brock motioned, Miller seconded to approve the increase as
recommended. On roll vote, Miller "aye", Young "nay", Cott "aye",
Krueger "aye", Brock "aye", Biles "nay", and Mayor Castleberry
"aye". Motion carried with a 5-2 vote.
b) New positions - one temporary maintenance worker II was
added to the recycling division.
Miller motioned, Krueger seconded to approve the position. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Solid Waste Master Pian - there wore five different elements I
with this proposal. (1) public education element proposed to be
funded at $45,000 geared to intensify the efforts to increase
participation in a paper recycling program and a source reduction
education program; (2) baler proposed to be funded at $56,385 to
help with baling operations and included at the new compost
facility; (3) expanded woodwaste processing at a cost of $61,632 to
support the acquisition and operation of a large tub
grinder/loader; (4) curbside recycling at a cost of $146,000 which
would not be implemented until approval from Council; (5) initial
design of an intermediate processing center at a cost of $200,000.
I
Biles motioned, Zott seconded to proceed with the recommendation
with the exception of the residential recycling.
Council Member Krueger asked what that would do to the intermediate
processing center.
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City Manager Harrell stated that it would not have any effect on
whether the city became more involved with the center or if it
contracted with a private firm.
Nelson stated that approximately 80% of the solid waste in Denton
came from commercial customers. The intermediate processing center
would look at all types of options with perhaps a private entity to
provide operation.
After discussion by Council on the curbside recycling issue,
Council Member Young called the question. Motion died for lack of
a second.
Mayor Pro Tem. Biles stated that he was not voting against
recycling. At the Council's planning session, it was indicated
that the details of curbside recycling had not been worked out yet
and he was not comfortable spending those funds until the details
were known.
Council Member Miller stated that Council would be authorizing the
budget, not the expenditures.
Mayor Pro Tem Biles felt that this would be a vote for more prudent
fiscal responsibilities.
City Manager Harrell felt that if Council wanted to implement some
type of recycling this year, whether via the City or a private
entity, the best way to guarantee that that would be possible would
be to leave that amount of money in the budget without any
theauthorization to en
Attorr y h had ruledsas had State lawethat money if an expenditure
could have been reasonably anticipated, there could not be a mid-
year adjustment for that expenditure. If the funding of $147,000
was removed for recycling, any kind of flexibility was rer,.)ved for
staff or the Public Utilities Board to return to council with
options for recycling. Once the money was taken out of the budget,
the decision for recycling was put off for another year,
Mayor Pro Tem Biles stated that a contract could be executed with
an independent contractor.
City Manager Harrell asked how that contract would be paid for.
Unless money was appropriated in the budget which could be
allocated for the cost, the budget could not be amended. The legal
opinion was that a budget amendment could not be processed unless
it was an unforeseen emergency which could not have been reasonable
foretold before the start of the budget process.
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City Attorney Prouty stated that that wu_= correct in that it had to
be a true emergency. If the issue could have been foreseen, it was
not a true emergency.
Mayor Tem Biles requested a five minute recess.
Mayor Castleberry asked if the Council would .ike to have a five
minutes recess.
Consensus of the Council was to have a five minutes recess.
After the recess, Council Member Young was not present.
After the recess, Mayor Pro Tem Biles withdrew motion as originally
made and Council Member Cott withdrew his second.
Biles motioned, Brock seconded to adopt as the solid Waste Master
Plan as proposed. On roll vote, Miller "nee"; Cott "aye", Krueger
"aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
C. Economic Development ProaraL - it was recommended by the
Public Utilities Board that the economic development progr&m be
increase by $98,250. This would be allocated to the Chamber of
Commerce in two separate areas. One, for the existing Chamber
partnership, would be increased from a base of approxim.stely
$65,000 to $85,000. Funding of an additional $28,250 abova the
base amount would be matched depending on contributions of 1/8th of
it of gross revenues from the other five :utilities serving the
City. The second area recommended by the PuLic Utilities Board was
a $50,000 matching grant be given to the Chamber for their
metroplex advertising campaign, $25,000 to be matched when the
first $25,000 was raised and then on a dollar by dollar basis after
that.
Council Member Young returred to the meeting.
Mayor Pro Tem Biles asked if the $28;500 only came if every other
utility pledged 1/8th of It.
Nelson replied that `hat was the way the proposal was pu'L by the
Public Utilities Board.
Biles motioned, Miller seconded to adapt the Public Utilities Board
proposal with the inception that the $28,000 incentive funds
contingent of the otter utilities coming in with 1/8th of 1% would
be matched at the rate of 1/5th of the $28,000 for each of the
utilities which contributed. On roll vote, Miller "aye", Young
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"aye", Cott "aye", Krueger "aye", Brock "aye", Hiles "aye", and
Mayor Castleberry "aye". Motion carried unanimously.
With no further business, the meeting was adjourned at 11:00 p.m.
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
AC0002BB
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CITY OF DEN•rON CITY COUNCIL MINUTES Apn. + Lila---.-
September 12, 1995 Agenda It;n
Do 1 1111
The Council convened into a Closed Meeting on Tuesda i
12, 1995 at 5:15 p.m. in the Civil Defense Room.
PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council convened into a Closed Meeting to discuss the
following:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discussed contemplated litigation concerning the
request to rezone 3.753 acres from SF-7 to O zoning
on the south side of 135-E and Lindsey Street.
B. Real Estate and Legal Matters Under TEX. GOVT CODE
Secs. 551.072 and 551.075
1. Deliberated the purchase, exchange, lease or value
of the property located south of McKinney between
Loop 288 and Woodrow Lane and confer with employees
of the City to receive information and asked
questions regarding this real property transaction.
2. Considered contemplated condemnation action against
John Karvouniaris for acquisition of right-of-way
for a street in the vicinity of Loop 288 and
Spencer Road and discussed purchase or value of
this property.
C. Personnel/Board Appointments Under TEX. GOVtT CODE
Sec. 551.074
1. Held a discussion regarding the duties and
evaluation of the Municipal Judge.
The Council convened into a work Session on Tuesday, September 12,
1995 at 6:(0 p.m. in the City Council Chambers.
PRESENT: Mayor Castleberry; Mayor Pro Tem Hiles; Council Members
Brock, Cott, Krueger, Miller and Young.
ABSENT: None
1. The Council held a discussion, received a report and gave
staff direction regarding a proposed ordinance prohibiting
concealed weapons on City property.
Herb Prouty, City Attorney, stated that the last session of the
Legislature passed Senate Bill 60 which authorized individuals to
apply for a license to carry concealed handguns. Since that Bill
had been passed there was a lot of controversy as to the power of
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Page 2 i
a municipality to prohibit tha carrying of a concealed weapon on
premises and in other areas. Recently the Attorney General issued
two opinions dealing with this issue. The first opinion dealt with
the ability of counties to prohibit concealed weapons in parks. In
that opinion, a county had the authority to do so but only under a
rule but not under a particular law. That same opinion held that
a municipality was prohibited by law from prohibiting a licensed
carrier of a concealed handgun in a city park or any other park.
The question of most concern to the city was the ability to
prohibit carrying a concealed weapon by a licensed individual on
City premises. There were some specific provisions which allowed
the City to prohibit the carrying of a concealed weapon in a
council meeting or in a municipal court but the real question was
what right a city had to prohibit the carrying of a concealed
weapon by a person who had a license in other buildings or other
premises owned by a city. The Attorney General's opinion was
unclear at this point. It did indicate that owners had the right
to post notices to prohibit the carrying of concealed weapons on
their premises but it had to be enforced through the criminal
trespass statute. At this time it was not known if the City had
the right to pass an ordinance which would prohibit anyone who had
a license from carrying a concealed weapon in any building or any
other premises belonging to the City of Denton or whether that
meant the City had the right to make a housekeeping rule that
prevented anyone from coming into a City building with a concealed
weapon who had a license. Those individuals would be notified that
they could not be in the building with that weapon and prosecute
them under the criminal trespass statute. It was preferred not to
prosecute someone under a criminal trespass statute because that
carried either a Class A or B misdemeanor depending on the
circumstances which carried with it a much higher penalty than just
a Class C misdemeanor. It was proposed that since there would be
no licenses issued until after January 1, 1996 that a final
decision be deferred on what type of ordinance to prepare. There
would be a seminar later this month regarding this issue and the
Legal Department was sending a representative. They were also
consulting with other cities which had passed ordinances or wh'.;h
were going to pass ordinances on this issue. It was recommen(ied
that council defer any ordinance at least until after the seminar
sometime into the month of October and return with a better
understanding of the Attorney General's opinion.
Consensus of the Council was to proceed as proposed.
2. The Council received a final report and held a discussion with
the 191 Committee.
Roberta Donsbach, Chair of the 191 Committee, stated that the
Committee was organized to be a "watch dog" for the bond funds.
The Committee held many meetings throughout the years.
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Mayor Pro Tem Biles left the meeting.
Donsbach stated that the first challenge of the Committee was that
it could not follow the letter of the bond issue. The money
climate changed as did Federal regulations. All projects listed in
the 1985 issue were completed except for the projects on Locust and
Elm Streets. Those projects were completed by the State rather
than the city. With the money saved from those streets, the
Committee decided to use the money on the U.S. 77 project which the
council agreed with. All of the projects in the 1986 issue were
completed except for three areas. The completed projects included
the expansion of the Animal Control Center; the building of a fire
station at Lillian Miller; the furnishing of fire equipment; the
expansion of the Senior Center; the building of a branch library;
and the completion of the Law Enforcement and Court Complex.
Mayor Pro Tem Biles returned to the meeting.
The projects which were not completed included the Southridge
drainage which would be completed within the next 3-4 months and
the two of the three recreation centers. One center was completed
which was the Martin Luther King, Jr. Recreation Center. The other
two centers which were recommended were not built. At that time,
the City revenues were not what they were projected to be due to a
changing financial environment. Council decided to hold public
hearings regarding the centers and met with residents in the areas
where the centers were scheduled to be built. The residents
indicated that they were more interested in parks rather than
centers at that point in time thus two new park areas were
purchased. One was South Lakes Park and the other park in the '
northwest portion of the City was in the process of being
purchased. It was then recommended that $1.4 million in bonds not
be sold which would save money for the City. A third area not
completed concerned highway projects. Teasley Lane would be
finished shortly. It was recommended that any unused funds from
the 1985 or 1986 issue be used to pay off the debt for the right-
of-way contracts for U.S. 380 when this was ready to be done.
Staff hoped to be able to work with the Highway Department to find
a funding structure for that project within the next ten years.
All the 1986 street bond money had been sold, allocated or spent
except for $750,000 which would be available if authorized by
Council in the future.
Mayor Pro Tem Biles left the meeting.
Extra projects were recommended to and approved by Council over the
years. At the final meeting of the Committee the following
recommendations were made: (1) use approximately $87,000 to match
the Rails to Trails project; (2) allocate $50,000-60,000 for
engineering design costs; (3) use $60,000 for a drainage study
which would be a match to leverage State money; (4) use $12,000 as
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Page 4
a match for a raised median to be built on Loop 288 from Colorado
@': i. to 135; (5) use interest money to help with incidental costs
ciated with the acquisition of right-of-way along Loop 288 near
't::w Wal-Mart development; (6) use money accrued from the park
s for play ground equipment; and (7) use other interest money
;crued to help fund the U.S. 77 project. Not all of the bond
i,>ney was spent but more projects were done than originally
proposed.
Council Member Young stated that the upcoming bond proposal did not
have any projects for District One. He felt there was a need for
major projects for District One. If not, he would help defeat the
bond issue as the residents in his district were not going to pay
for another bond issue to be used in Southridge.
The Council convened into a Regular Meeting on Tuesday, September
12, 1995 at 7:00 p.m. in the Council Chambers.
PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller
and Young.
ABSENT: Mayor Pro Tem Biles and Council Member Krueger
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance.
Mayor Castleberry presented the following proclamations:
Make A Difference Day
Denton Fury Roller Hockey Team Day
1
Council Member Krueger joined the meeting.
Mayor Castleberry presented the following Yard of the Month awards:
Adams Exterminating Co.
Jim and Sally Mudd
Cecil and Allis Adkins
Dave and Karen Hibbard
Ernestine Riley
Sleeping Lizards
2. The Council considered approval of the minutes of the July 5
and July 11, 1995 meetings.
Mayor Pro Tem Biles joined the meeting.
City of Denton City Council Minutes Apr* V0.
eptember 12, 1995 1RD stn `
Page Dde
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Biles motioned, Krueger seconded to amend the minutes of July 5 by
changing page 23, the fourth paragraph to indicate that Mayor Pro
Tem Biles "restated" the motion and to approve the minutes of July
11th. On roll vote, Miller "aye". Young "aye", Cott "aye", Krueger
"aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye".
Motion carried unanimously.
3. Citizen Reports
A. The Council received a citizen report from Joe Dodd
regarding three suggestions for Council.
Mr. Dodd stated that his first suggestion was to appoint another
committee which would be a Charter Review Committee. He felt it
would be appropriate to review the Charter before getting into a
new century. A second suggestion was private management of the
public utilities in Denton. This would hire a private management
firm to manage the utility. His third suggestion dealt with the
number of times racism was brought up in Council meetings. He felt
there was no institutional racism in Denton. lie did not object to
a police review board if it serv;d some purpose. If there were
individuals who were still violat Ug human rights, they would be
weeded out.
B. The Council received a citizen report from Carl Williams
regarding a Police Review Board.
Mr. Williams was not present at the meeting.
4. Citizen Requests
4 A. The Council considered a request from the Lone Star
Barrel Racing Association for an exception to the noise ordinance
for the use of amplified sound system on Sunday, September 17, 1995
from 1:00 p.m. - 7:00 p.m.
Joseph Portugal, Assistant to the City Manager, stated that this
request was for an exception to the noise ordinance for Sunday,
September 17th from 1-7 p.m. for the Lone Star Barrel Racing
Association.
Krueger motioned, Brock seconded to approve the exception. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
5. Consent Agenda
Krueger motioned, Brock seconded to approve the consent Agenda as
presented. on roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
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"aye". Motion carried unanimously.
A. Bids and Purchase orders:
1. Bid 11772 - Property & Boilpr Machinery Insurance
2. Bid 11786 - Distribution Tra.Lsformers
3. Bid 01787 - Demolition and Cleaning of 14 Unsafe
Structures
4. Bid 11788 - Cooling Tower Structural Repair
5. P.O. 156698 - Volvo & G11C Trucks of Dallas
6. P.O. 152360 - Bobby V. Gray
B. Contracts
1. Chamber of Commerce Convention and Tourism Bureau
2. Denton County Historical Foundation
3. Denton County Historical Museum
4. Greater Denton Arts Council
5. North Texas State Fair Association
6. Denton Black Ch mber of Commerce
7. Denton County Amphitheater Association
8. Denton Festival Foundation
9. Denton Historic Landmark Commission
10. Denton Main Street Association
6. Consent Agenda Ordinances
The Council considered the Consent Agenda Ordinances 6.A. - 6.D.
Young motioned, Krueger seconded to approve the Consent Agenda
Ordinances. On roll vote, Miller Iaye , Young "aye", Cott "aye",
Castleberry
Krueger aye', Brock aye', Biles "aye", and Mayor
"aye". Motion carried unanimously.
A. NO. 95-162
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A
CONTRACT SERVICES; F PROVIDING PURCHASE FOR THE MEXPENDITURE0OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid 11772,
5.A.2. - Bid 11786)
B NO. 95-163
AN ORDINANCE ACCEPTING COMPETITIVE OF CONTRACTS FOR PUBLIC WORKS OR D IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (5.A.3. - Bid 01787, 5.A.4. - Bid 01788)
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C. NO. 95-164
AN ORDINANCE PROVIDING FiR THE EXPENDITURE OF FUNDS FOR
EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.5. - P. 0.
0566980 P.O. 152360)
D. NOS. 95-166/95-175
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE FOLLOWING ORGANIZATIONS FOR
THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE: CHAMBER OF COMMERCE, DENTON COUNTY HISTORICAL
FOUNDATION, DENTON COUNTY HISTORICAL MUSEUM, GREATER DENTON
ARTS COUNCIL, NORTH TEXAS STATE FAIR ASSOCIATION, DENTON BLACK
CHAMBER OF COMMERCE, DENTON COUNTY AMPHITHEATER ASSOCIATION,
DENTON FESTIVAL FOUNDATION, DENTON HISTORIC LANDMARK
COMMISSION, AND DENTON MAIN STREET ASSOCIATION (5.B. 1-10)
7. Ordinances
A. The Council considered adoption of an ordinance adopting
the budget for the City of Denton, Texas, for the fiscal year
beginning on October 1, 1995, and ending on September 20, 1996.
The following ordinance was considered:
NO. 95-176
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 11 1995, AND {
ENDING ON SEPTEMBER 30, 1996; AND DECLARING AN EFFECTIVE DATE.
Krueger motioned, Young seconded to adopt the ordinance.
Ken Gold read a statement regarding the approval of the budget
which was attached to the agenda back-up materials.
)n roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
3rock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
B. The Council considered adoption of an ordinance levying
the ad valorem tax of the City of Denton, Texas, for the year 1995,
on all taxable property within the corporate limits of the city on
January 1, 1995, not exempt by law; providing revenues for payment
of current municipal expenses, and for interest and sinking fund on
outstanding City of Denton bonds; providing for limited exemptions
of certain homesteads; and providing for enforcement of
ta.
City of Denton City Council Minutes Apr& h
September 12, 1995
Page 8
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collections.
The following ordinance was Considered:
' NO. 95-177
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1995, ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY ON JANUARY 1, 1995, NOT EXEMPT BY
LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL
EXPENSES, AND FOR INTEREST AND SINKING FUND ON OUTSTANDING
CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered adoption of an ordinance amending
the schedule of electric rates contained in ordinances 94-162, 95-
028, 95-141; deleting a Power Cost Adjustment (PCA) rate; deleting
an Air Conditioning Recycling Rebate rate (ACR) ; revising the
industrial Development Rider rate (IDR) ; revising the General
Service Small Rate billing methodology to an Expandable Block
(GSS) ; revising the General Service Large Billing Methodology from
KW to KVA billing (GSL) ; amending the General Service Time of Use
rate (TGS) ; and renaming the Experimental Weekend rate (EWK) as the
Weekend rate (WK). {
City Manager Harrell stated that there had been some comments that
the tax decrease versus the proposed rate increases would balance
out !or a typical homeowner. It was noted that contained within
the electric ordinance was a decrease for the cost allocation rate
for the first quarter. In total that would mean about a $20 per
year decrease for a typical homeowner.
The following ordinance was considered:
NO. 95-178
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED
IN ORDINANCES 94-162, 95-0281 95-141; DELETING A POWER COST
ADJUSTMENT (PCA) RATE; DELETING AN AIR CONDITIONING RECYCLING
REBATE RATE (ACR); REVISING THE INDUSTRIAL DEVELOPMENT RIDER
RATE (IDR) ; REVISING THE GENERAL SERVICE SMALL RATE BILLING
METHODOLOGY TO AN EXPANDABLE BLOCK (GSS) ; REVISING THE GENERAL
SERVICE LARGE BILLING METHODOLOGY FROM KW to KVA BILLING
(GSL); AMENDING THE GENERAL SERVICE TIME OF USE RATE (TGS);
City of Denton city council minutes September 12, 1995 EArpWdjam 1 IOU
Page 9 t
RENAMING THE EXPERIMENTAL WEEKEND RATE (EWK) AS THE WEEKEND
RATE (WK); PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING
FOR AN EFFFCTIVE DATE.
Biles motioned, Krueger seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
D. The Council considered adoption of an ordinance amending
the schedule of water rates contained in Ordinance 94-163 for water
service; eliminating the installation charge in metered water from
fire hydrant (WFH); and amending the Upper Trinity Regional Water
District rate (WW1) per the contra.-t.
The following ordinance was considered:
NO. 95-179
AN ORDINANCE AMENDING THE SCHEDULE OF WATER RATES CONTAINED IN
ORDINANCE 94-163 FOR WATER SERVICE; ELIMINATING THE
INSTALLATION CHARGE IN METERED WATER FROM FIRE HYDRANT (WFH);
AMENDING THE UPPER TRINITY REGIONAL WATER DISTRICT RATE (WW1)
PER THE CONTRACT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Krueger seconded to adopt the ordinance.
vote, Miller "aye", " On roll
"aye", „ Young "aye", "aye", Krueger "aye", Brock
Biles aye , and Mayor Castleberry "aye". Motion carried
unanimously.
E. The Council considered adoption of an ordinance amending
the schedule of wastewater rates contained in Ordinance 94-164 for
wastewater service; and amending the wholesale wastewater treatment
rate (SSC).
The following ordinance was considered:
N0. 95-180
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCE 94-164 FOR WASTEWATER SERVICE; AMENDING
THE WHOLESALE WASTEWATER TREATMENT RATE (SSC); AND PROVIDING
FOR AN EFFECTIVE DATE.
Brock motioned, Biles seconded to adopt the ordinance.
vote, Miller "aye", Young "aye", Cott a eir "On roll
"aye", Biles "aye", and Mayor Castleberry "'aye". KKrueger „aye , Brock
unanimously. Motion carried
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City of Denton City Council Minutes A"W
September 12, 1995 1
Page 10
F. The Council considered adoption of an ordinance amending
the schedule of solid waste rates contained in ordinances 94-165
and 95-027; amending solid waste rates for residential, commercial
and recycling collection services as authorized by Chapter 24 of
the Code of Ordinances of the City; amending the charges for the
collection of grass, leaves, and brush; amending a charge for
locks; amending a charge for special waste; adding a charge for
inaccessible containers; adding a deposit for temporary open top
and dumpster containers; amending the charges for use of the
landfill and addirg a 3.5% State surcharge to all solid waste
delivered to the landfill.
The following ordinance was considered:
NO. 95-181
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING SOLID
WASTE RATES FOR RESIDENTIAL, COMMERCIAL AND RECYCLING
COLLECTION SERVICES, AS AUTHORIZED BY CHAPTER 14 OF THE CODE
OF ORDINANCES OF THE CITY OF DENTON, TEXAS; AMENDING THE
CHARGES FOR THE COLLECTION OF GRASS, LEAVES, AND BRUSH;
AMENDING A CHARGE FOR LOCKS; AMENDING A CHARGE FOR SPECIAL
WASTE; ADDING A CHARGE FOR INACCESSIBLE CONTAINERS; ADDING A
DEPOSIT FOR TEMPORARY OPEN TOP AND DUMPSTER CONTAINERS;
AMENDING THE CHARGES FOR USE OF THE LANDFILL AND ADDING A 3.5%
STATE SURCHARGE TO ALL SOLID WASTE DELIVERED TO THE LANDFILL;
AND PROVIDING FOIL AN EFFECTIVE DATE.
Brock motioned, Krueger seconded to adopt the ordinance.
Council Member Cott assumed that the rates included recycling.
City Manager Harrell stated correct as per the budget. A pledge
had been made that before any program was implemented, the Council
would have to grant approval.
Council Member Cott felt that at this point in time, the Solid
Waste Department had made a decision to go in a certain direction
regarding recycling. He felt that there might be one or two other
alternate directions to go.
Mayor Pro Tem Biles understood that before any curbside recycling
could be adopted, it would have to have the approval of the Public
Utilitj.es Board and the Council.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger Faye",
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
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City of Denton City Council Minutes A
Ap~nQilMn
Page 11 12, 1995 D*__ ! ~-QLn
G. The council considered adoption of an ordinance amending
Section 13-22 of Chapter 13 "Food and Food Establishments" of the
Code of Ordinances providing for permit fees for restaurants,
grocery stores, and day care centers.
The following ordinance was considered;
NO. 95-182
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 13-
22 OF CHAPTER 13 "FOOD AND FOOD ESTABLISHMENTS" OF THE CODE OF
ORDINANCES OF THE CITY OF DENTON; PROVIDING FOR PERMIT FEES
FOR RESTAURANTS, GROCERY STORES, AND DAY CARE CENTERS;
PROVIDING A PENALTY NOT TO EXCEED $2,000.00; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR
PUBLICATION; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Miller seconded to adopt the ordinance.
Council Member Young stated that he was against any kind of
increases at day care centers.
On roll vote, Miller "aye", loung "aye", Cott "aye", Krueger "aye's,
Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion
carried unanimously.
H. The Council considered adoption of an ordinance creating
a Municipal Court Building Security fund and requiring that a
defendant convicted in a trial for a misdemeanor offense in the
city of Denton Municipal Court No. 1 and any other City of Denton
Municipal Court which may hereafter be created, shall pay a three
dollar security fea as a cost of Court.
The following ordinance was considered:
NO. 95••183
AN ORDINANCE CREATING A MUNICIPAL COURT BUILDING SECURITY FUND
AND REQUIRING THAT A DEFENDANT CONVICTED IN A TRIAL FOR A
MISDEMEANOR OFFENSE IN THE CITY OF DENTON MUNICIPAL COURT NO.
1 AND ANY OTHER CITY OF DENTON MUNICIPAL COURT WHICH MAY
HERRAFTER BE CREATEL, SHALL PAY A THREE DOL:,AR SECURITY FEE AS
A COST OF COURT; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Miller, "aye", Young "aye", Cott "ale", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "nay". Motion carried
with a 6-1 vote.
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City of Denton City Council Minutes A"Itlum
September 12, 1995 DO.1
Page 12
I. The Council considered adoption of an ordinance amending
Section 20-1 "Noise" of the Code of Ordinances by establishing
hours for the erection, excavation, demolition, alteration, or
repair work on any building; and providing for a penalty of $500.00
for any violation hereof.
City Manager Harrell stated that this ordinance had been drafted in
accordance with the wishes of council.
The following ordinance was considered:
NO. 95-184
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 20-
1 "NOISE" OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY
ESTABLISHING HOURS FOR THE ERECTION, EXCAVATION, DEMOLITION,
ALTERATION, OR REPAIR WORK ON ANY BUILDING; PROVIDING FOR A
PENALTY OF $500.00 FOR VIOLATION HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
Krueger motioned, Brock seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 5-2 vote.
J. The Council considered adoption of an ordinance approving
a bond counsel contract between the City of Denton and McCall,
Parkhurst and Horton, L.P.L.
Harlan Jefferson, Director of Fiscal Operations, stated that the
City had had a relationship with this organization for 25 years.
The firm prepared resolutions and ordinances which authorized the
issuance of debt. They also supervised the issuing of debt and
were used to supervise the delivery of the bonds. There were a few
changes in this contract from the old contract. One change dealt
with a securities exchange rule as it related to a disclosure
requirement. A second change dealt with the hourly rate for the
contract and a third change dealt with an indemnification clause.
The Investment Committee recommended that such a clause be included
in the contract.
NO. 95-185
AN ORDINANCE APPROVING A BOND COUNZ13L CONTRACT BETWEEN THE
CITY OF DENTON AND MCCALL, P;.AKHURST & HORTON, L.L.P.;
AUTHORIZING THE MAYOR TO EXECUTE THE CONTRACT; APPROVING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
City of Denton City Council Minutes ►~eten ;
September 12, 1995 _
Page 13
Young motioned, Brock seconded to adopt the ordinance. On roll
vote, Mille:- Faye", Young "aye", Cott "aye", Krueger "aye", Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
K. The Council considered adoption of an ordinance approving
the City Manager to execute a Financial advisory agreement between
the City of Denton and First Southwest Company.
Harlan Jefferson, Director of Fiscal operations, stated that the
city also had a relationship with this firm for 25 years. The
proposed contract was identical in terms and services with the
exception of an indemnification clause.
The following ordinance was considered:
NO. 95-186
AN ORDINANCE APPROVING THE CITY MANAGER TO EXECUTE A FINANCIAL
ADVISORY AGREEMENT BETWEEN THE CITY OF DENTON AND FIRST
SOUTHWEST COMPANY] AUTHORIZING THE MAYOR TO EXECUTE THE
CONTRACT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING FOR AN EFFECTIVE DATE.
Brock motioned, Young seconded to adopt the ordinance. On roll
vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye". Brock
"aye", Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
L. The Council considered adoption of an ordinance amending
Ordinance No. 88-•189, as amended, which granted a franchise to
Sammons Communications, Inc. to reconstruct, operate, and maintain
a cable television system in the city of Denton, TLxas; consenting
to the assignment and transfer of that franchise from Sammons
Communications, Inc. to Marcus Cable Associates, L. P. in
accordance with the terms and conditions of this ordinance; and
approving an acceptance agreement. (First Reading)
Joe Dodd stated that he was not in favor of Marcus and not
comfortable with their services. There was a provision in the
transfer where all revenue from telecommunications would be
considered part of gross revenues on which the franchise fee was
based. He had a problem with that clause because if the cable
company became a telephone company, the money would be lumped into
the franchise fee. He also felt that Sar.mons was not in compliance
with the programming portion of the franchise. He :anted to see
language so that if there was a significant change in Federal law
or regulations, the company would have 24 months to void the
franchise agreement and negotiate a new agreement.
City of Denton City Council Minutes Awda 110. i +
iptember 12, 1995 AWda MM
Page 14 000
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Richard Foster, Public Information Officer, stated that Sammons
Communications had entered into an agreement with Marcus Cable of
Dallas to sell its cable system. In May Sammons had requester: a
transfer of the franchise. The current franchise was approved in
November 1988 and was for 15 years. According to Federal law and
the franchise agreement, the City had to analyze a prospective
buyer on technical capabilities. The Cable Television Advisory
Board had recommended that Council vote In favor of the transfer of
the franchise. This was the first of two required readings of the
ordinance per the City Charter.
Herb Prouty, City Attorney, stated that there were several changes
made to the ordinance which went out in the agenda packet. One
change included a provision which indicated thit the maximum
liquidated damages would not exceed $4,000. Another change dealt
with a cable duct use agreement which was included in the reviewed
proposed ordinance. There were some provisions of the current
franchise which wire not complied with by Sammons and those had
been addressed in the transfer. One of primary provisions dealt
with the addition of video programming into other points in the
City !resides City Hall. Marcus had indicated that they would
promptly but not later that 12 months from the effective date of
the ordinance provide video programming in additional city
buildings and facilities. Mr. Dodd had also referred to a
provis.on in the transfer dealing with telecommunications
activities. That provision indicated that Marcus would not be
limited from engaging in telecommunication activities and that all
revenue from telecommunications would be part of the gross revenues
on which the franchise fees were calculated. This was not a
provision which was negotiated. The provision was to alert and
have recognition from Marcus that telecommunication would not be
allowed and if allowed, they would have to pay as part of the gross
receipts. Marcus signed the acceptance agreement but lined out
that provision. The provision was taken out of the acceptance
agreement and included in Section 5 of the proposed ordinance. It
would be a Council decision on this issue. He felt it wits extra
protection for the City that Marcus would be on notice that the
City did not consider that they had a right to engage in
telecommunications. If they did such, they had to pay all of those
revenues received as part of the gross receipts at a 5-7% rate.
Council Member Cott asked if some significant accountinU
adjustments needed to be done.
City Attorney Prouty stated that that was not correct. Marius
would be accepting the existing terms of the franchise except as
amended. In all cases the amendments were favorable to the City.
Foster stated that Denton had a good franchise. This proposal was
simply transferring to another company the same schedule as in the
past with no changes in the accounting methods.
I
City of centon city council minutes ApndMil'o,
September 12, 1995 AOcndPage 15 Dot:
Joe Comicia, Marcus Communications, stated that they had had a
number of meetings regarding the transfer and had worked out an
agreement which was a considerable benefit to the City of Denton.
There seemead to be a concern as to whether or not Marcus would
provide telephony and give notice within 60 days. He stated that
Marcus would not be providing telephony in the near future. When
Marcus did }provide such a service, it would work with the Council
and would wcrk to bring lower rates to the City. The issue of the
language dic come up during the negotiations. All other cities
except for Denton decided to hold off until the Federal language
was known. Denton was the only community wanting to add such
language. He was not opposed to the language but felt it was
moving beyond the provisions of the agreement. The acceptance
agreement was r.ot the place the locate that language.
Mayor Pro Tem B!.les asked if Marcus was objecting to the entire
paragraph K2 or jest a portion of the language.
Comecha stated that they were iot objecting to the language but
rather the insertion in the agreement at the last minute.
Mayor Pro Tem Biles asked if it would be acceptable to adopt some
type of substitute language that would provide language
conditioning to Federal law changing there might be different
circumstances. He asked if substitute language could be worded in
such a way that if telecommunications was authorized by Federal
statute which would override the City Charter, the City would still
bo covered.
Comecha stated that the proposal dealt with Marcus' qualifications
to run the :ranchise. Other issues could be discussed at a later
date.
Council Member Young stated that this was the first reading of the
ordinance and motioned to adopt the ordinance.
City Attorney Prouty stated that Council needed to discuss this
issue before the second reading. He suggested removing the
language from the acceptance agreement and put it in the ordinance.
The Council would pass the ordinance on first reading subject to
the removal of the sentence from the acceptance agreement and being
substituted in the ordinance subject to continued discussions with
Marcus.
Council Member Krueger seconded the motion.
John Enlow, Sammons Communications, indicated that a statement had
been made that Sammons was not in compliance w£" the ordinance
regarding video insertion points. He indicated tnat Sammons had
been prepared at any time to do so but never was requested to do
so. Sammons had always been in compliance with the franchise.
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City of Denton City Council Minutes
September 12, 1995
Page 16 AwQe pen
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Mayor Pro Biles expressed a concern that the first reading r-)f the
ordinance would read differently from the second reading.
City Attorney Prouty stated that the best way to avoid that problem
would be to take the provision out of the ordinance and without it
in the acceptance agreement.
Young and Krueger agreed to delete the sentence dealing with the
gross receipts of telecommunications.
On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion
carried with a 6-1 vote.
8. Res,ilutions
A. The Council considered approval of a resolution approving
th= fiscal year 1996 budget of the following organizations for
ho):el occupancy funds, pursuant to Chapter 351 of the Texas Tax
Code: Chamber of Commerce-Convention and Tourism Bureau, Denton
County Historical Foundation, Denton County Historical Museum,
Greater Denton Arts Council, North Texas State Fair Association,
Denton Black Chamber of Commerce, Denton County Amphitheater
Association, Denton Festival Fourv3ation, Denton Historic Landmark
Commission, and Denton Main Stree"t: Association.
Council Member Miller left the meeting.
The following resolutions were considered:
NO. R95-044
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
CHAMBER OF COPZIERCE CONVENTION AND TOURISM BUREAU FOR HOTEL
OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX
CODE; AND PROVIDING AN EFFECTIVE DATE.
NO. R95-045
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON COUNTY HISTORICAL FOUNDATION FOR HOTEL OCCUPANCY TAX ~I
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-046
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON COUNTY HISTORICAL MUSEUM FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
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City of Denton City Council Minutes ~J
Page e17er 12, 1995 Agenda cn Oua
i
NO. R95-047
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
NO. R95-C48
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
NORTH TEXAS STATE FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-049
A RESOLUTION APPRCVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON BLACK CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY 'PAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-050
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON COUNTY AMPHITHEATER FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
NO. R95-051
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON FESTIVAL FOUNDATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
NO. R95-052
A RESOLUTION APPROVING THE FISCAL YEAR 1996 BUDGET OF THE
DENTON HISTORICAL LANDMARK COMMISSION FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXA.4 TAX CODE; AND
PROVIDING AN EFFECTIVE DATE.
NO. R95-053
A RESOLUTION APPROVING THE FISCAL YEAR 1996 LUDGET OF THE
DENTON MAIN STREET ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE.
Biles motioned, Young seconded to approve the resolutions. On roll
vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
City of Denton City Council Minutes wpb.""" 1
September 12, 1995 '~Otn?3 rJO
Page 18 oar, J,
B. The Council considered approval of a resolution declaring
a public necessity exists and finding that public welfare and
convenience requires the taking and acquiring of a street right-of-
way easement in the hereinafter describer land situated in the
vicinity of Loop 288 and Spencer Road; authorizing the City
Manager or his designee to make an offer to the owners of the
property and if the offer is refused, authorizing the City Attorney
to institute the necessary proceedings in condemnation in order to
acquire the property necessary for the public purpose of
constructing a public street to intersect with State Highwry 288.
Rick Svehla, Deputy City Manager, stated that approval of this
resolution would give staff authority to negotiate with the owner
of the property. Currently developers in the area were dedicating
70 feet of right-of-way and building a four lane divided facility.
This land would ensure that the construction was proper and
appropriate slopes were built. Staff had attempted to make contact
with the owner but was not successful. If the individual waited to
develop in the future, he would have to dedicate the property at no
cost. Staff was trying to mo•,re the project and would deal fairly
with the owner of the property.
Council Member Krueger stated that if the land owner refused to
deal with the City at this time and the property had to be
condemned, the city would have to pay for the property. However,
if he developed the property in the future, he would have to deed
the property to the City.
Svehla replied that normally when a four lane divided facility was
built, an 80 foot right-of-way was required. In this case, the
adjacent developers had dedicated 70' of right-of-way and were
willing to build the entire facility.
The following resolution as considered:
NO. R95-054
A RESOLUTION DECLARING A PUBLIC NECESSITY EXISTS AND FINDING
THAT PUBLIC WELFARE AND CONVENIENCE REQUIRES THE TAKING AND
ACQUIRING OF A STREET RIGHT-OF-WAY EASEMENT IN THE HEREINAFTER
DESCRIBED LAND SITUATED IN THE VICINITY OF SPENCER ROAD AND
STATE HIGHWAY 288; AUTHORIZING THE CITY MANAGER OR HIS
DESIGNEE TO MAKE AN OFFER TO THE OWNERS OF THE PROPERTY AND IF
THE OFFER IS REFUSED, AUTHORIZING THE CITY ATTORNEY TO
INSTITUTE THE NECESSARY PROCEEDINGS IN CONDEMNATION IN ORDER
TO ACQUIRE THE PROPERTY NECESSARY FOR THE PUBLIC PURPOSE. OF
CONSTRUCTING A PUBLIC STREET TO INTERSECT WITH STATE HIGHWAY
288; AND DECLARING AN EFFECTIVE DATE.
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City of Denton City Council Minutes
LA97OM3
September 12, 1995 Page 19 Krueger motioned, Biles seconded to approve the resolution. On
roll vote, Young "aye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
C. The Council considered approval a resolution adopting an
investment policy for funds for the City of Denton.
Harlan Jefferson, Director of Fiscal Operations, stated that in May
he had made a presentation on an investment policy at a Council
work session. At that time it was known that the policy would have
to be revised due to changes in the State law. Since that time, an
amendment to the Public Funds Investment Act had been approved and
the policy now incorporated any changes from that legislation.
Mayor Pro Tem Biles left the meeting.
Council Member Miller returned to tho meeting.
The following resolution was considered:
NO. R95-055
A RESOLUTION ADOPTING AN INVESTMENT POLICY FOR FUNDS FOR THE
CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE.
Krueger motioned, Brock seconded to approve the resolution. On
roll vote, Mil'.er "aye", Young "aye", Cott "aye", Krueger "aye",
Brock "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
9. The Council considered appointment of a Chair and Vice-Chair
of the Zoning Board of Adjustment and the Sign Board of Appeals.
City Manager Harrell stated that normally the City's Boards and
commission selected their own chair person and vice-chair person.
In the case of the Sign Board of Appeals and the Zoning Board of
Adjustment, the City Charter required council to select those
individuals.
Mayor Castleberry asked for nominations for the chair of the Sign
Board of Appeals.
Council Member Cott nominated John Weber.
Council Member Young nominated Spencer Washington.
Council voted on the nomination of Spencer Washington. On roll
vote, Miller "nay", Young "aye", Cott "nay", Krueger "aye", Brock
"nay", Biles "aye", and Mayor Castleberry "aye". Motion carried
with a 4-3 vote.
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City of Denton city council Minutes AaW un
September 12, 1995 I!
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Page 20 1 0*
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Mayor Castleberry asked for nominations for the vice-chair of the
Sign Board of Appeals.
Council Member Krueger nominated Eldon Seaton. On roll vote,
Miller "aye", Young 'laye", Cott "aye", Krueger "aye", Brock "aye",
Biles "aye", and Mayor Castleberry "aye". Motion carried
unanimously.
Mayor Castleberry asked for nominations for chair of the Zoning
Board of Adjustment.
Council Member Krueger nominated Larry Collister.
Council Memkx4r Yung nominated Ed Terry.
Council voted on the nomination of Larry Collister. On roll vote,
Miller "aye", Young "nay", Cott "nay", Krueger "aye", Brock Faye",
Biles "aye's, and Mayor Castleberry "aye". Motion carried with a 5-
2 vote.
Mayor Castleberry asked for nominations for vice-chair.
Council Member Young nominated Ed Terry. On roll vote, Miller
"aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles
"aye", and Mayor Castleberry "aye". Motion carried unanimously.
10. The Council considered appointment of a voting delegate and
alternate voting delegate to the National League of Cities Annual
Congress of Cities.
Mayor Pro Tem Biles nominated Council Member Miller as Voting
Delegate to the National League of Cities Annual Congress of
cities. on roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
Council Member Young nominated Council Member Cott as Alternate
Voting Delegate to the National League of Cities Annual Congress of
Cities. On roll vote, Miller "aye", Young "aye", Cott "aye",
Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry
"aye". Motion carried unanimously.
11. The Council considered nominations/appointments to City of
Denton Boards and Commissions.
Council Member Brock nominated Dick waters to the Sign Board of
Appeals.
12. The Council considered appointments to the Blue Ribbon CIP
Committee.
a
City of Denton City Council Minutes AWdal'0. ` 1if
September 12, 1995 AQMBaJhm
Page 21 p
Council Member Young appointed Brent Thornton.
13. The Council considered nominations to the Economic Development
Transition Committee.
City Manager Harrell stated that according to the Council's
procedure, voting on the nominations would take place on September
26th. Each Council Member was allowed to nominate up the three
individuals and certain members had not done that.
Council Member Brock nominated Randall McDonald.
No further nominations were desired by Council Members.
14. Vision Update
Council Member Brock stated that there would be special
presentations on October 30th and November 1st at the Campus
Theater for the public. Each action team would be making
presentations which would be presented to various organizations
throughout the City. She urged all to attend.
15. Miscellaneous matters from the City Manager.
Lloyd Harrell, City Manager, presented the following items:
A. Reminder of a joint meeting with the DISD at their
Administration building on September 13th.
B. Reminder of the TML Region 8 meeting on September 22nd. {
C. Reminder of the TML Annual Conference in Dallas on
October 25th-28th.
D. Bank One would be holding a press conference the
following day to announce that it would be setting aside a major
pool of funds at below market interest rates for individuals and
businesses in the Downtown area to restore the buildings in the
Downtown area.
16. There was no official action taken on Closed Meeting items.
17. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Young indicated that he had put a flyer in
everyone's box regarding the Denton Broncos parade on October 20th.
The student council had asked that the Council participate in the
parade.
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City of Denton City Council Minutes ~ hr t
September 12, 1995 Orb-f
Page 22
B. Council Member Krueger stated that at the regular meeting
last week, no one made a motion to delete funding to service
organizations. There was a discussion to bring the issue up for
future items in order to receive more information on the process.
No one made a motion to delete the funding but merely asked for a
discussion on the item.
C. Council Member Young asked for an inspection of Bridges
Street in regards to providing water and sewer and street repair in
that area.
D. Mayor Castleberry asked for a report on meetings and
conferences which would be coming up in the future. He felt
Council should consider having a policy on which meetings would be
attended which would help with the budget process.
Mayor Castleberry reminded Council that the City departments answer
to the City Manager and not to the Council. Requests for
information by Council Members should go to the City Manager
through the normal procedure.
18. The Council did not meet in a Closed Meeting during the
Regular Session.
With no further business, the meeting waa adjcurned at 8:55 p.m.
BOB CASTLEDERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACC002BC
Apen,da ~k. .
Agenda I:on
CITY OF DENTON CITY COUNCIL MINUTES
September 13, 1995
The Council ce,nvened into a joint session with the Denton
Independent School District Board of Trustees on Wednesday,
September 13, 1995 in the Assembly Room DISD Central Services, 1307
North Locust Street.
PRESENT: Mayor Castleberry; Mayor Pro Teri Biles; Council Members
Cott and Krueger.
ABSENT: Council Members Brock, Miller and Younc.
1. Review of City/School District Joint Use Agreement.
Ed Hodney, Director of Parks and Recreation, presented information
regarding a listing of PARD and DISD programs which utilized each
others agency's facilities under the joint use agreement.
Council Member Cott questioned the concept of no charge for the use
of each other's facilities.
Rick Svehla, Deputy City Manager, stated that the agreement was of
mutual benefit for both entities and to charge for the use of the
facilities would really cancel out each other.
Agenda Item #3 was considered.
3. Review of Park Land Plan for northeast Denton.
Hodney stated that the City had bond money available for a facility
in the northwest part of the City. The money was originally
allocated for a recreation center but that was reprogrammed by the
'91 Committee. Several sites had been identified and it was
anticipated that enough land would be acquired to accommodate a
building as well as park areas. There were no plans for a
recreation center on a specific site at this point in time.
2. Review of Planning Process - Denton Development Plan Update.
Rick Svehla, Deputy City Manager, stated that funds had been
budgeted to begin this process which would be an opportunity to
look at a joint development process. Council would be reviewing
this process in the next several months.
Dr. Albert Thomas, Superintendent of Schools, stated that Plano
Schools had a joint agreement with the City which resulted in good
planning for new schools, etc. He felt that Denton needed to do a
similar agreement. He felt all would benefit if the City and ISD
planned together.
4. Review of City of Denton Bond Election and Denton ISD
Facilities Planning.
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AWda No.
4p:M.,t item
City of Denton City Council Minutes
September 13, 1995
Page 2
Dr. Thomas stated the ISO was in need of elementary space. It was
determined that space was not needed in one location but rather
space was needed at all schools and the addition of another
elementary school would require the redrawing of boundary lines.
It was felt that perhaps a solution would be to build a third
middle school and move the sixth grades from the elementary schools
to the middle schools. The new middle school would be in the
upcoming bond election with occupancy in the 1998-99 time frame.
Renovations were also needed at the present middle schools. Ryan
High School needed an addition of a technology area with the
possibility of an additional two story addition to the school.
Other additions would be technological connectors for Denton High
School.
Rick Svehla, Deputy City Manager, stated that most of the City's
bond process was set. The 1985-86 bond issues were ended with the
191 Committee. The City was without bond money at this point in
time. The Council had appointed a committee to work on the bond
issues for the upcoming election on February 29, 1996.
Dr. Thomas indicated that one part of their 1993 issue which was
unsold was an elementary school building. The ISD was in need of
input from the community as to whether to build additions to the
existing elementary schools as opposed to building a new school.
With no further business, the meeting was adjourned at 12:50 p.m.
I _
BOB CASTLEBERRY, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
ACCO02DD
AW* no
DATE: January 16,1996
CITY COUNCIL REEnRT FOR3~W
TO: Mayor and Members of the City Council
FROM: Rick Svehla, City Manager
SUBJECT: Hold a public hearing %0h regard to the proposed annexation of a 34.78 acre tract
located in the clear zone south of the existing runway in the vicinity of the Denton
Municipal Airport. (A-71)
RECOMMEND kTION•
The Planning and Zoning Commission is scheduled to consider the annexation and zoning
of this tract and make a formal recommendation to the City Council on January 24, 1996.
SUMMARY:
The City proposes to annex a 34.78 acre tract located in the clear zone, south of the -;xisting
runway in the vicinity of the Denton Municipal Airport. The site is shown on map included
in attachment # I . The entire tract is o%vned by the City of Denton and is being used for clear
zone for the existing runway. The tract %0l be zoned agriculture "A" zoning district
classification upon annexation.
BACK RO S&.
The clear zone is intended to protect the approaches to the runway and may not be used for
the development of buildings and other structures. The Local Government Code requires
that the City hold a series of public hearings in order to complete the annexation process.
City Council held the first public hearing on January 2, 1996 and no one spoke at that
hearing.
EROGRAMS. DF.PARTMFNTQ OR rtnllpS AFFECTED,
All city service departments including Utilities, Engineering, Planning and Development,
Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library.
Page 1
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FISCAL IMPACT: a
Not applicable
Respe ly submitted:
Rick Svehla,
Acting City Manager
Prepared by:
Harry N. P rsaud, MRTPI, AICP
Senior Planner
Appr ve
_
dd~ilrnsTAICP
Frank H. Executive Director for
Planning and Development
Attachment #1: Location map and legal description.
Attachment #2: Service plan
Attachment #3: Annexation schedule
Page 2
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ATTACHMENT 1 p~q
Page 1
NORTH
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ATTACHMENT 1 item Page 2 J
ALL that certain lot, tract, or parcel of land situated in Denton County,
State of Texas in the ?tembrie Survey, Abstract No. 594, J. McDonald
Survey, Abstract No. 873, W. Neil Survey, Abstract 970, and the J.
Rjelberg Survey, Abstract 1610 and being all of a tract shown by deed to
the City of Denton, Texas recorded as 94-R0071013, Real Property Records,
Denton County, Texas and being part of a tract shown by deed to the City
of Denton, Texas recorded in Volume 871, Page 137, (Tract Two) Deed
Records, Denton County, Texas and being more particularly described as
follows:
BEGINNING at the southeast corner of said "Tract' Two" to the City of
Denton recorded in Volume 871, Page 137, D.R.D.C.T., said point also
being an inner all corner of the existing Denton city limit line as
described in Ordinance 79-76, Tract It
THENCE South 060 49' 38" East a distance of 1010.04 feet to a point for
a corner, said point being the southeast corner of said City of Denton
tract 94-R0071013s
THENCE North 88° 33' 24" West a distance of 1500.0 feet to a point for a
corner, said point being the southwest corner of said city of Denton
tract 94-R0071013s
THENCE North 090 41' 20" East a distance of 1010.88 feet to a point for
a corner, said point being the northwest corner of said City of Denton
tract 94-R0D71013 and also being the southwest corner of said City of
Denton tract V. 871, P. 137, Tract Twos
THENCE North 010 26' 36" East along the west line of said City of Denton
tract V.871, P. 137, Tract Two, a distance of 464.39 feet to a point for
a corner, said point lying on the existing Denton city limit line as
described in Ordinance 69-40 and Ordinance 79-76, Tract Its
THENCE South 540 35, East along the existing Denton city limit line, as
established by Ordinance 69-40, a distance of 831.91 feet to a point for
a corner, said point being the most westerly northwest corner of Tract I,
Ordinance 79-76s
THENCE South 880 31' East along the existing Denton city limit line, as
established by Ordinance 79-760 Tract I, a distance of 520.12 feet to the
POINT OF BEGINNING and containing 34.78 acres of land.
10-20-95
AEE004CB
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ATTACHMENT 1 ApenOa Him
Page 1 Date
Attachment #12
E~iYI~E PLAN (A - 71 ~
F
CASE A•71
AREA: 34.78 acres
LOCATION: In the clear zone south of the existing runway in the vicinity of
the Denton Municipal Airport.
A. Police Services
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished to comparable areas within the City.
B. Fire protection and Emergency M1tedical Services (Fi1S1
I. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C. Water/Wastswater. Services
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section ?4-118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's roaster utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council.
i
ATTACHMENT 2 AOGSda 1,0. iw~
Page 2 AO"da It
tern !
Where seater or sewer main extensions, lift stations, force mains or other
necessary facilities are installed by the developer, the developer shall be entitled
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their property, according
to the Subdivision and Land Development Regulations.
I`
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Road.
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as the
need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas in
accordance with the established policies of the City.
F. Du1JL4iumcnial Ileallband Code Enfou=tnl Son-ice,
2
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Agenda Vo. i
Agenda to I
ATTACHMENT 2 Dote
Page 3
1. Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the efTective date of the annexation. These ordinances and
regulations µill be enforced through the use of existing personnel.
2. Building, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services,
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City,
G. Planning and Development 4e jw
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning
district classification at the time of annexation.
f. Parks and Recrealion cryice•
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
J. Electrical Distribution
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Agenda no.
A9enO Item
ATTACHMENT 2 Dario '
Page 4
Electrical power will be made available to the site as required, at the same level of
service currently being provided to comparable areas within the City.
K. Miscellaneous
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation.
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used in the City.
L. Capital Improvements Program ( CM
The CIP of the City is prioritized by such policy guidelines as:
1.
Demand for services as compared toother areas will be based on characteristics of
topography, land utilization, population density, magnitude of problems as related
to comparable areas, established technical standards and professional studies.
2. The o,rerall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming CIP plan.
This tract will be considered according to the same established criteria as all other
areas of the City.
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ATTACHMENT 3 Ap-men t.o.
Aoenla Item
Data
ANNEXATION SCHEDULE (A-711
November 7, 1995 City Council sets date, time and place for public hearings,
December 22, 1995 Notice published in Denton Record Chronicle for first public hearing.
Service plan is prepared.
January 2, 1995 City Council holds first public hearing.
January 5, 1995 Notice published in Denton Record Chronicle for second public
hear :g.
January 16, 1995 City Council holds ~cond public hudU.
January 24, 1995 Planning and Zoning Commission makes recommendation.
February 6,1995 City Council institutes annexation. First Reading if Annexation
ordinance.
February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle.
I
March 19, 1995 Final action by City Council. Second reading and adoption of the
Annexation ordinance.
Meetings In bold require 6 out of 7 votes at City Council
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Ageuda tM
t [Dgs to complete the annexation process. The first public hearing before the
tty ounce
held on January 2, 1996 and no one spoke at that hearing. Letters were sent to all
landowners informing them of the date, time and place of public hearings as approved by
City Council.
PROGRAMS DFPARTM NT OR GROUPS AFFECTED:
All city service departments including Uti!ities, Engineering, Planning and Development,
Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library.
EISCAL IMPACT:
The taxable values of personal and real property on the Mayhill/Blagg site i3$1,205,822 with
an estimated city tar benefit of about $6,500 based on the 1995 tax rate. The City of Denton
will provide municipal services including fire and EMS, police, solid waste collection,
animal control, planning and development and library services based on current budected
resources at no additional cost.
Respectfully submitted:
Rick Svehl
Acting City Manager
Prepared by:
4CL\ 1f N
Harry N. Persaud, MRTPI, A1CP
Senior Planner
Ap roved:
c____
frank H. Robbins, AICP
Executive Director for
Planning and Development
Attachment # 1: Site map showing area north of DIagg Road and east of Mayhill Road.
Attachment #2: Legal description of tract
Attachment 43: Service plan
Attachment #4: Annexation schedule
Attachment 45: P&Z Mim,tes October 11, 1995
Page 2
4
ATTACHMENT
proposed
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ATTACHMENT 2 Ape~da Ik" f
Ap nida Item
EXHIBIT "A" Oats I-lip-PIA
ALL that certain lot, tract, or parcel of land lying and being situated
in the County of Denton, State of Texas, being part of the Moreau
Forrest Survey, Abstract 417, and more particularly described as
follows:
BEGINNING at a point in the existing city limits, as described in
Ordinance 65-43 (Tract 1), said point also lying on the west line of
said Forrest Survey, and being 660 feet south of and perpendicular to
the center line of U.S. Highway 380 (University Drive), and in the
center of a north/south road (known as Mayhill);
THENCE northeasterly along said city limit line, said line being 660
feet southeasterly of and parallel to the center line of U.S. Highway
380 (University Drive), a distance of 414 feet. more or less, to a point
for corner, said point being the northerly extended east line of tract
to Henry Rife referenced as Tract Two by deed rci~.•csded in Volume 2430,
Page 840 of the Real Property Records of Denton County, Texas;
THENCE south, passing the northeast corner of the above referred Rife
tract, and continuing a total distance of 1244 feet, more or less, to a
point for corner, said point lying on the north right-of-way line of
Blagg Road;
THENCE west along the north right-of-way line of Blagg Road, passing the
east right-of-way line of Mayhill road at 377.5 feet, more or less, and
continuing a total distance of 407.5 feet, more or less, to the
centerline of Mayhill road to a point for corner, said point lying on
the west line of said Forrest Survey and in the existing city limit line
as established by Ordinance 65-43 (Tract 1) ;
THENCE north along said lines a distance of 1182 feet, more or less, to
the POINT OF BEGINNING and containing 11.34 acres of land, more or less.
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Eom6 ATTACHMENT 3
Page 1
SERVICE PLAN (A-69)
CASE H: A-69
AREA: 11.34 acres
LOCATION: East of Maybill Road and north of B1agg Road
A. Police Services
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished to comparable areas within the City.
B. Fire protection agd Emergency Ntedical Services .;1t41
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
1. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C. Water/Wastewater Ser,* ices
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34-118 of the Denton Code of Ordinances.
Developers shall pay the actual cost of aU water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council.
{
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AOenda No,
ATTACHMENT 3 Ageads Item
Page 2 p~
Where water or sewer main extensions, lift sta tons, orce ma ns or of e
r
necessary facilities are installed by the developer, the developer shall be entitied
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their
to the Subdivision and Land Development Regulations. property, according
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the some level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Road`
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, Installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, wi!] be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as the
need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed In the substantially developed areas In
accordance with the established policies of the City.
F. Environmental Flealth and ode nforcemeot era ice.
2
APeede Ma
ATTACHMENT 3 Agend8 Rem
Page 3 One -
1. Enforcement of the City's environmental health ordinances an raga
including, but not limited to the grass and weed ordinance, garbage and trash 1
ordinance, junked vehicle ordinance, sigi: ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinance shall be provided
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2. Building, plumbing, electrical, gas, and sill other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation,
3. All insp;ction services provided by The City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
G. Plannin¢ and Developmentrvicea
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be temporarily zoned Agriculture (A) zoning
district classification at the time of annexation.
l• P.tllklAad Recreation rvicey
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
J. Electrical Dietrib ~tioo
3
ti
tlg" Ma _ q1h _M3
?
ATTACHMENT 3 Agenda Ilan UC)jL q13
Pa g 4 Data -
Electrical power will be ma~e available to the site as required, at the same level of
service currently being provided to comparable areas within the City.
K. Miscelianey M
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation.
Residents of the newly annexed area may use all publicly owned facilities, buildings
or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used in the City.
L. ~$j!1(pl [morovem nt• Program f W.1
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compered to other areas will be based on characteristics of
topography, land utilization, population density, magnitude of problems as related
to comparable areas, established techolcal standards and professional studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming CIP plan.
This tract will be considered according to the same established criteria as all other
areas of the City.
4
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ATTA CHMENT 4 ANNEXATION SCHEDULE A-69
November 7, 1995 City Council sets date, time and place for public hearings.
December 22, 1995 Notice published in Denton Record Chronicle for first public hearing.
Semite plan is prepared.
January 2, 1995 City Council holds first public a rin .
January 5, 1995 Notice published in Denton Record Chronicle for second public
hearing.
January 16, 1995 City Council holds second public hearing.
January 24, 1995 Planning and Zoning Commission makes recommendation.
February 6, 1995 City Council institutes annexation. First Reading of Annexation
ordinance.
February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle.
March 19, 1995 Final action by City Council. Second reading and adoption of the
Annexation ordinance.
Meetings In bold require 6 out or 7 votes at City Council
F
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Ada No. j
Rim
ATTACHMENT 5 Minutes Page 1
October 11, 1995
Page 17
Ms. Scbertz: I'll second.
Mr. Robbins: So you are iM"cting us to initiate a zoning change?
Mr. Powell: Yes.
Ms. Scbertz: Did you bring this to us because you have someone who is interes
property? ted in this
Mr. Yost: We have a prospective user for pan of PD 1.
Mr. Powell: There will be a public hearing, notice will be given, and there will be put on the property so that anyone can come?
signs
Mr. Robbins: Yes, it will be a toning case.
Ms. Russell: All in favor please raise your right hand Opposed same sign. Approved.
(6-0)
X. Consider the preliminary plat of the Lakewood Convenient Addition. The subject property
is located on the northwest corner of Ryan and Teasley and is currently in S140.
Mr. Reeves: This is the preliminary plat and you recommended the rezoning to the City
Council in September. DRC recommends approval.
Ms. Schenz: I move approval of the preliminary plat of the Lakewood Convenient
Addition,
Mr. Cochran: I'll second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same
sign. Approved. (6-0)
XI. Receive a report and give staff direction with regard to the proposed annexation of a 10.4
acre tract located east of MayhM Road and north of Wags Road (A•69).
Mr. Persaud: The Subdivision Regulations require that staff do a study when major
development occurs in the ET). We have done the srudy and we are now
annexation of a ten acre tract of land located east of Mayhill Road and north of 8 agg ad
in the ETJ. Mayhdl Road is currently being maintained by the city. For the Rife Addition
Y
A
Agenda No. f
P&Z Minutes AoWi Rem 4_ qk3
October 11, 1993 ATTACHMENT 5 Oat: _.-~1Q~I,D
Page 18 Page
z
the city council made a recommendation that the
maintenance on Maytull Road and the city will be doingY that twelve thousand dollars for
drainage issue out there with regard to that tract and the City work. There was also a
There is an existing six inch water line and am eight inch a o~d l; ,veld the v
area will continue to use septic systems sewer line.
project we found that there are six sing(, family homes is this area and one mobile home. well water. on the st.Iff,analYsi es of to tthihis
Our estimation of the taxable values for personal and s
,
million dollars. I would like to « r1 some o the serv ces tohaatt ~tc?ppwil;~ vide 1.2
is currently providing, Whey cua r Mntly ayhja Ro police services and ry Provide or
garbage collections
to this area must be similar to services provided to similar areas susuch a the services on
Jim Christal Road. We are not proposing to 'Provided
maintained by the county. Staff recommends that aweeproceed withath it will still be
Ms. Schertz: annexation.
What are you proposing to zone it when it is annexed?
Mr. Persaud: It is proposed to be zoned Agricultural.
Ms. Schertz, I am certainly in favor of directing staff to proceed with annexation.
Ms. Russell: I ant curious how the city provides services to people outside the city?
Mr. Persaud: I need to check on that to see how it is happening.
Ms. Russell: Is there anyone 0-k would like to speak concerning the proposed annexation?
Mr. Kathleen Cripteo: My name is Kathleen Cripma and i live on Rt. 2. We do get trasb
pick up, since the city is across the street we take our garbage across the s
cked up. Also the police do come out to our area. trees to be
pi depart rnent provides our fire protecdoo. We are in favor of the r Creek Volunteer Fire
welcome being part of the City of Denton. annexation and we would
Mr. Powell: Is it safe to say that all of the people have been notiried? Has anybody
indicated that they were in opposition?
Mr. Persaud: I have talked to one gentleman, Mr. Selby, who is not in favor of being
annexed into the city. We will have a public hearing at a later date if you decide to trti'tiate
the annexation.
Ms. Russell: Are there any other questions?
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P&Z Minutes Aged enda Iten
October 11. 1995 ATTACHMENT 5 Data
Page 19 Page 3
Mr. Moreno:., ( move that we initiate the annexation of a 10.4 acre tnct located
Mayhill Road and nosh of B1a88 Road.
east of
Mr. Powell: I'll second.
Ms. Russell: Any discussion? All in favor of the motion please nice
OPPosed same sign. Approved. (6-0) your right hand.
XII. Consider making a recommendations to City Cc
tmcil concerning the new zoning ord
Mr. Robbins; inance. want us to Staff is planning a work session with
indicate to them that the Council in November. Do you
You to date? the P&Z is comfortable with what has been presented to
Mr• Powell: I would feel comfortable with
by Item andvote on it. In the other Places the MXD, but I would like to go over it item
single family on property that was Zoned that other things. lived you were always able to build
.
at it.
Mr. at it Robbins: There is mo urgency and we can delay this if you want to go back and
look
Mr. Powell; I don't have a problem with the things that the other night Cher
than the three items that Frank said we discussed th
o
he would bring back to us. Mr. Robbins; We did away with cumulative zoning in
that is allowing that now. 1985 and I haven't found an.
yore
Vision Ms. Russell; Group Do will we be want doing to their recomunend that we postpone that tonl ht?
prMagation.
8 On Nov, 1st the
(Consensus to delay and go back through it.)
M
gNif s' Scb<e: agreement t before did have
we have outside approve th thucas sitting in on our
e MXD. work session and I would
IJce
Mt' Cochran; f thought we did that the other night and I thought we discussed it,
don't think I can remember bow we ended the meeting.
bat I
Mr. Robbins: We need to get you to fill out another survey for the
committee tonight, CIP
Blue Ribbon
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AW4 No.
Aterd, 11111111
t~
DATE: January 16, 1996
CITY COUNCIL, FPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Hold a public hearing with regard to the proposed annexation of a 11.34 acre tract
located east of Mayhill Road and north of Blagg Road (A-69)
RECOMIII .NDATION•
The Planning and Zoning Commission recommends approval.(6-0)
SUIb1INIARY:
The City is proposing to annex a 11.34 acre tract located east of Mayhill Road and north of
Blagg Road as shown on site map included in attachment #1. Section 34-35 of the Code of
Ordinances requires city staff to assess on a case-by-case basis, the annexation of areas
located in the extraterritorial jurisdiction (ET.I) when significant developments are proposed,
occurring or likely to occur in the near future. Staff initiated an annexation study following
the development of a 23,200 square feet warehouse/office on a 2.36 acre tract being lot 1,
Block A of the Rife Addition. The tract is to be zoned Agriculture "A" zoning district
classification at the time of annexation,
State law requires that a service plan be prepared providing for the extension of full
municipal services to the site proposed for annexation. A copy of the service plan
(attachment # 3) is available to the public and will be part the annexation ordinance.
AACKGRO INDThe City repaved Mayhill Road in 1994 and currently has responsibility for maintenance.
Existing water and waste water lines are located on the south east corner of Mayhill Road
and University Drive. An existing lift station is located at Audra Lane and Mayhill Road.
"The construction of a 23,200 square feet warehouse/office facility will generate increased
traffic volumes on Mayhill Road. There are six single family homes and a mobile home
located in the area. It is intended that all existing development will be annexed and zoned
Agriculture "A" zoning district classification. Annexation will ensure that all future
development complies with policies of the Denton Development Plan and ordinances of the
City of Denton,
The Local Government Code requires that the City hold a series of public hearings in order
Page 1
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DA
CITY COUNCIL. REPORT FORb1AT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Hold a public hearing with regard to the proposed annexation of a 21.62 acre tract
described as the Estates of Forrestridge Section 11(A-70)
RECOMMENDATION:
The Planning and Zoning Commission is scheduled to consider the annexation and zoning
of this tract and make a formal recommendation to City Coum;il on January 24, 1996.
SUMMARY:
Lodge Construction Company has petitioned the City to annex and zone a 21.62 acre tract
described as the Estates of Forrestrdge Section It and shown on site map included in
attachment #1. The owners have also petitioned the City to zone the tract Single Family SF-
16 zoning district classification to accommodate single family residential development.
State law requires that a service plan be prepared providing for the fi:N extension of
municipal services to the site proposed for annexation, A copy of the service plan
(attachment #3) is available to the public and will be part of the annexation ordinance.
BACKGROUND:
The Planning and Zoning Commission is tentatively scheduled to consider a final plat for
the Estates of Forrestridge Section 11 on January 24, 1996. The final plat shows 44
single family lots of 16,000 square feet and larger, The Local Government Code
requires that the City hold a series of public hearings in order to complete the annexation
process. City Council held the first public hearing on January 2, 1996 and no one spoke
at that hearing.
PR AA1 D PARTM NT OR ROUPS AFFECI ED:
All city service departments including Utilities, Engineering, Planning and Development,
Fire, Police, Solid Waste, Environmental Health, Parks and Recreation, and Library.
Page l
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Agenda Lo,
i ApenQ~ (l0 .
OIfJ f ~
FISCAL IMPACT:
i
h
Not applicable
Respectfully submitted:
.
Rick Svehla
Acting City Manager
Prepared by:
Harry N. P laud, MRTPI, AICP
Senior Planner
Approved:
Frank H. Robbins, AICP
Executive Director for
Planning and Development
Attachment #1: Location map and final plat for the Estates of Forrestridge Section 11.
Attachment #2: Legal description
Attachment 43: Service plan
Attachment 44: Annexation schedule
Page 2
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Page 2842 9, • AQeRda ISee
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TOTAL OF 44 LOTS, FlNAI PLAT
OF 21.6167 ACRE:
ESTATES OF FORRESTROGE :Euoty ii
M TABLE M. .s'i I
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awtPy3e1'! n'ay-~ ~~+n YT-ic__~.';w;s.~,c +x+e ~n:%+ 7]. MARTIN SLR'.TY, ABSE i
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Agtrda 1:0.
ATTACHMENT 2 Agenda
DM
Being a tract of land situated in the T.J. Martin Survey, Abstract No.
900, Denton County, Texas and being a part of "Tract I" of that certain
parcel of land described in two tracts and conveyed by deed from First
Texas Savings Association to Lodge Construction Company, Inc., recorded
in Volume 1115, Page 211, Deed Records of Denton County, Texas and
being further described as follows:
COMMENCING at the Southwest corner of Section III of Estates of
Forrestridge, an addition to the City of Denton, plat of which is
recorded in Volume E, Page 375, Plat Records of Denton County, Texas,
said conmencing point also being on the North line of Ryan Road to 70'
R.O.W.);
THENCE North 00 degrees 19 minutes 42 seconds West, along the East line
of said Forrestridge Section III, a distance of 1290.69, to the POINT
OF BEGINNING;
THENCE North 89 degrees 07 minutes 03 seconds West in Sanders Road, a
distance of 326.35 feet to an iron pin at the Southeast corner or a
tract described in a deed from Nicky C. James et ux to Steve Panning et
ux recorded in Volume 1044, Page 898 Deed Records, Denton County,
Texas;
THENCE North 00 degrees 37 minutes 05 seconds East with a fence, a
distance of 271.14 feet to an iron pin at the Northeast corner of said
Funning tract;
THENCE South 89 degrees 47 minutes 21 seconds West with a fence, a
distance of 515.04 feet to an iron pin at the Westerly Southwest corner
of subject tract;
THENCE North 00 degrees 06 minutes 16 seconds West along and near a
fence, a distance of 1016.25 feet to an iron pin at the Northwest
corner of said tract;
r,.
THENCE South 89 degrees 48 minutes 21 seconds East along and near a
fence, a distance of 842.91 feet to an iron pin at the Northeast corner
of said tract on the East boundary line of the T.J. Martin Survey, and
the West boundary line of Section II of Forrestridge, an addition to
the City of Denton, Klat of which is recorded in Volume C, Page 12,
Plat Records, Denton County, Texas;
THENCE South 00 degrees' 17 minutes 36 seconds West, with said survey
line a distance of 1264.21 feet to an iron pin.
THENCE South 00 degrees 19 minutes 42 seconds East, continuing along
said survey line, a distance of 23.45' to the POINT OF BEGINNING and
CONTAINING in all 11.6168 acres of land, more or less.
i
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AQe:iitt; Apeo
ATTACHMENT 3 Daft
Page 1
Attachment 43
SERVICE PLAN (A-70)
CASE A-70
AREA: 21.62 acres
LOCATION: Estates of Forrestridge Section 11:
A. Police Services
1. Patrolling, response to calls, and other routine services will be provided on the
effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the same level of police services will be
provided to this area as are furnished to comparable areas within the City.
B. Fire protection and Emergengy Medical Services (EM1_ iSl
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances from
existing fire stations, will be provided to this area on the effective date of the
annexation.
2. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to comparable
areas within the City.
C. 'VVatCr1Wgstewatcr Services
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34-1 IS of the Denton Code of Ordinances.
Developers shall pay the actual cost of all water and server main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council.
~oenda pa.
ATTACHMENT 3
Page 2 AOeada h.Ya
tote
Where water or sewer main extensions, lift stations,
necessary facilities are installed by the developer, the developer shall be entitled
to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their property, according
to the Subdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of the
effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall be
provided to this property in accordance with then current policies of the City
as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on the
effective date of annexation using the standards and level of service as currently
applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore Is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices wil! be Installed as the
need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas in
accordance with the established policies of the City.
F. Environmental Health and ode .nforcement Services
2
ATTACHMENT 3 AOendis Item
Page 3 flap j
Enforcement of the City's environmental health ordinances an regu a tuns `
including, but not limited to the grass and weed ordinance, garbage and trash
ordinance, junked vehicle ordinance, sign ordinance, food handler ordinance,
animal control ordinance, and the tree preservation ordinanke shall be provided
within this area on the effective date of the annexation. These ordinances and
regulations will be enforced through the use of existing personnel.
2. Building, plumbing, electrical, gas, and all other construction codes, as may be
adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide these
services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned above,
will be provided to this area beginning on the effective date of the annexation.
Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances of
the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
C. Planning @nd
The zoning jurisdiction of the City will extend to the annexed area on the effective
date of annexation. The tract is to be zoned single family SF-16 zoning district
classification at the time of annexation.
I. ppjks and Recreation Sen•ice4
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The same standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
I Electrical Distribution
3
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Agenda IJo.
Agenda Ita u.-
ATTACHMENT 3 DM_ 111101110
Page 4
Electrical power will be made available to the site as required, at the some level of
service currently being provided to comparable areas within the City.
K. MiscCllaneous
Street names and signs will be installed, if required, approximately six (6) months
after the effective date of annexation.
Residents of the newly annexed area may use all publicly owned facilities, buildings
' or services within the city on the effective date of the annexation. All publicly
owned facilities, buildings or services will be maintained in accordance with
established standards and policies now used in the City.
L. Capital Improvements Program f cm
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on characteristics of
topography, land utilization, population density, magnitude of problems as related
to comparable areas, established technical standards and professional studies.
2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming CIP plan.
This tract will be considered according to the same established criteria as all other
areas of the City.
4
3
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ATTACHMENT 4 LL] 1• '
ANNEXATION SCN V ~41
II
November 7, 1995 City Council sets date, time and place for Fublic hearings.
I
December 22, 1995 Notice published in Denton Record Chronicle for first public
hearing. Service plan is prepared.
January 2, 1995 City Council holds first public h_ e_ jnr,_,
January 5, 1995 Notice published in Denton Record Chronicle for second public
hearing.
January 16, 1995 City Council holds second public he do .
January 24, 1995 Planning and Zoning Commission makes recommendation.
February 6, 1995 City Council institutes annexation. First Reading of
Annexation ordinance.
February 9, 1995 Publication of Annexation ordinance in Denton Record Chronicle.
March 19,1995 Final action by City Council. Second reading and adoption of
the Annexation ordinance.
Meetings in bold require 6 out of 7 votes at City Council
i
AIW* Alr r 1,910
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES O
FOR THE EXPENDITURE OF FUN R SERVICES; PROVIDING
DS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
~ DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as show7i in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER NO VENDOR AMOUNT
1819 1,6 ALLEN SAMUELS DODGE $ 85,225.00
1819 2,3A. PERMIAN AUTOS $ 86,076.00
1819 3,4 MAXWELL DODGE $156,528.00
1819 5 ALLEN SAMUEI S AUTOPLEX $127,932.00
1819 7 PRESTIGE FORT)
$ 15,199.00
1819 g HUDIBERG CHL'~ . $ 25,086,00
1842 ALL NEW WASTE CONCEPT $ 15,300.00
1845 ALL BUCKMAN LABS EXHIBIT A
1847 1 WESCO $ 2,690.00
1847 2 POWER SUPPLY $ 21,720.00
1847 3,5 PREFERRED $ 15,860.00
1847 4 PRIESTER $ 30,210.00
SECTION II. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
a
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AQaIC3I:0.
AW163 Itan
Da
SECTIONI.H. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the
written contract is in accordance with the terms, conditions,
specifications, standards, quantities and specified sums contained
in the Bid Proposal and related documents herein approved and
accepted.
SECTIONIV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
I
SECTION Y. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this. day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
'a
BID #
+ I
BID NAME WATER TREATMENT BUCKMAN I Mc,w ~ en
CONSULTING & CHEMICAL LAB ~QQ"Q311
SUPPLY Due _
OPEN DATE DECEMBER 19, 1995
EXHIBIT A
# QUANTITY DE$CRiPTIOM - yENDOR l
PER DAY PER TOWER 1-4 $83.61
PER DAY TOWER 5 $49.70
PER DAY PER BOILER S3.339f
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DATE) f,. 0
Agenda tin. 40
CITY COUNCIL REPORT Agenda Iten
Date i -J-1 ID -C41! Q
TO: Mayor and Members of the City Council ,
FROM: Rick Svehia, Acting City Manager
SUBJECT: BID # 1819 -FLEET VEHICLES
RECOMMENDATION: We recommend this bid be awarded to the lowest bidder meeting specification
for each type vehicle as listed below:
DESCRIPTION OLY. VEHICLES PRICE EXTENDED
I . '/x Ton P/U SWB 5 Aden Samuels Dodge $12,998 EA $ 64,990.00
2. '/x Ton PAJ LWB V8 5 Permian Autos $13,761 EA $ 68,805.00
3.3/4 Ton PM LWB 7 Maxwell Dodge $14,583 EA $102,081.00
3X3/4 Ton Extended Cab I Permian Autos $17,271 EA $ 17,271.00
4.3/4 Ton LWB 4x4 3 Maxwell Dodge $18,149 EA $ 54,447.00
5. 1 Ton Cab/Chassis 6 Allen Samuels Autoplex $21,322 EA $ 127,932.00
6. 1 Ton Van 15 Pass. 2 Aden Samuels Dodge $20,235 EA $ 40,470.00
7.3/4 Ton Cab/Chassis I Prestige Ford $15,199 EA $ 15,199.00
8. 1 Ton 4 Door Crew Cab I Hudiberg Chev. $25,086 EA $25.086.00
TOTAL AWARD $ 516,261.00
SUMMARY: This bid is for the purchase of 31 vehicles for the City of Denton Fleet. The units were
approved for acquisition during the 1995-96 budget process. Twenty Six (26) units are motor pool
replacements and five units are fleet additions. The old units will reviewed by the Fleet Operations
Division and reassigned to a lighter duty or sold at public auction.
Utilization of the lower price offered by the State of Texas General Services Commission Cooperative
Purchasing Program on items 2,3,3A and 4 yields a sav ngs of $10,877.00.
As in past bids, we find that in some instances we are able to beat the State Contract Prices for specific
items. However, due to specification requirements that is not always the case.
It is our intent to present to all prospective bidders a fair and equal opportunity to do business with the
City of Denton and to recommend award in full compliance with the law and in the best interest of the
tax payer and rate payer.
BACKGROUND: Tabulation Sheet
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Various departments utilizing the new
equipment, Fleet Operations and City of Denton Motor Pool.
New unit assignments:
Water Meter Shop I Electric Meter/Substation 6 Animal Control I
Building Inspection 4 Parks-Recreation 2 Solid Waste I
Street Maintenance 3 Water/Sewer Field Serv. 3 Drainage 2
WMIT Plant I Electric Distribution 3 Park Maintenance 3
Facility Management I
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CITY COUNCIL REPORT AQcndatfo..
JANUARY 16, 1996 hMMaHrp
PAGE 2 OF 2
FISCAL IMPACT: Funds for the purchase of these vehicles will come from a combination of 1995/96
' budget funds, Motor Pool replacement funds and Motor Pool Lease/Purchase funding.
Respectfully submitted:
Rick Svehla
Acting City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
683.AGENDA
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BI # 1819
I ,
NAISte Fleet Vehicles HUDIBURG VILLAGE ALLEN + OTHER
PAGE 1 OF 2 CHEVROLET FORD BILL PRESTIGE MAXWELL STATE OF
N DATE December 5, 1995 SAMUELS UTTER FORD f DODGE TEXAS
FORD
CITY N. LOOP
_DESCRiPTION DODGE
-_VENDOR VENDOR VEN_DO_R ' - V_EN 9 yEpppR F yENDOR _ j VENOORT
11/2 Ton Pickup SWF CONTRACT
$12900 ±-313,314.00
G 6 - _ - .00
06
112 Ton Pickup lWI3 $13L3
$15,284.00!_ -_-514190.0 ~ A90 -$13 768.00 + .
r' 3 8_ $13,3900.00 , $1.3,819.001 514,595.001 $13999.00,
p L'NB; C f - r - - a- _ -
• 7 314 Ton Picku A1
516,773.00 515,900.00 $17,764.00 $15,502.00 575,679.00
$14,683.00
AA-. 1 .314 Ton Pickup ExtCab;AC
18,631-00 $18,199.00
518,014.00 $18088.00
4. 3 314 Fleetside Pickup - 4-x4
_ $19,286.00 N16
120,747.00
Tort CablChassls
5 ;19.4.79.00 NJB $18,149.0.0
6 1 16,0 00 GVW, 84 CA Diesel $21 656 001
8 - 523490.00 NIB _5_2_240600;- S2f,05_7.00
6 $22,957.00
-
2 1 Ton- - 15 Passen9er Van - -
- -
3/4 Ton _ $21,372.00 $21,09
0
.94
j _ _ 520,235.00 ,006 60" V 8 GVW 8800 is 515,242 00 517,555.00 t Sf 6,'666.00 __1_15199.00 - • $15 612
230.00
r ,0 ~
1,Ton 4-Door Grew Cab $25 8600 - --_00
$26,990.00} N/8 525 792.00' N!B
1 - $25,09400
DeIlVery In Days:. _ __q0 - - _
35.110 60.90 160 80.90
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'Falls to
meet Spec
for cloth
seats
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w'jD1D # 1818 - i - r
I N E Fleet Vehicles RED JIM CLASSIC METRO ALLEN PERMIAN
PAGE20172 MCCOMBS MCNATT CHEVROLET FORD SAMUELS AUTOS
N ATE December 6, 1995 PONTIAC DODGE AU70PLEX
GMC
DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
_U U
1!2 Ton Pickup SWB _ - $14,302.00, $13,861.64 NIB NIB $13,687.60 $13,848.00,
$14,600.00, $15,430.00 _ $13,761AOy
3/4 Ton - - 11/2 Ton PickupLWB $16,719 00 $16,105.44
- - _ 01 $1 NIB $17,175.00 $16,860.00_L____
- .
*A 314 Ton Pickup Ext. Cab; A/C _ _$19,013.00 NIB 68.16 I NIB r $18,761_00 $18,630.00 $17,271.00
1
'4.~ 3 ; 314 fleetside Picku _ 4x4. _ $19829.001 $19'851.62 NIB $20,950.00 $19,690.00' 6. 6 15,000 GVW, 84 CA Diesel $22,150.00 $22,374.00 $23,9
95.00 $211,322.001
4 Ton CablChassls
24,75000
6. 2 1 Ton-1 6 Passenger Van $22,083.00, 322/337.36 $21,842.00 $22,995.00
314 Ton CablChassIs
.
7. 1 60" V•8 GVW 8800 $17,155.00 _ X17,420.68 $16,586.00 $17,496-00, $16,700.00
g 1 1 Ton 4-Door Crew Cab $26,483.00 NIB $26,868.00 $27.996.00 .00 $26,210.001..
Delivery in DaYs _ _ 90.120 60-90 76-90 60.120
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NOTE: MAXWELL DODGE AND PERMIAN AUTOS
ARE STATE OF TEXAS CONTRACT SUPPLIERS
f OF BID ITEMS 2, 3, 3A, AND 4.
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DATE: JA#~j#~, 1
Agenda !u~
CITY COUNCIL REPORT date
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1842 - WIND FENCE FOR LITTER CONTROL
RECOMMENDATION: We recommend this bid be awarded to the only bidder, New Waste Concept,
in the total amount of $15,300.00.
SUMMARY: This bid is for 1,000 feet of 10 foot high webbed fencing for use at the landfill in controlling
wind blown paper. The only bidder has a patent pending for this product; therefore, did not qualify as
a sole source. Bids were mailed to four vendors with only one responding.
BACKGROUND: Tabulation Sheet, Memorandum from David Dugger dated December 22, 1995.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Landfill Department, Solid Waste Division,
Citizens of Denton,
FISCAL IMPACT: Budgeted Funds for Landfill Operations for 1996, Account #630-024-0803-8502.
Respectfully submitted;
Rick Svehla
Acting City Manager
Prepared by: nn
Name: Denise Harpoo!
Title: Senior Buyer
Approved:
C
Name: Tom D. Shaw, C,P.M.
Title: Purchasing Agent
MAGMA
d - -
B D 1842
E Wind Fence for Litter Control GRAINGER NEW
WASTE
TE December 7, 1995 CONCEPT
EN
TY Q CSE R PT[?H VENDOR VENDOR VENDOR VENDOR
n
10~ o rolls Fence, 1000' per roll NO BID $1,530.00
Delivery: 6 DAYS
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12-11-95P05:02 RU D
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CITY OF DENTON MUNICIPAL UTILITIES 901-A TEXAS STREET DENTON. TEXAS 76201
MEMORANDUM
TO: Tom Shaw, Purchasing Agent Y
FROM: David Dugger, Landfill Supervisor N
DATE: December 22, 1995
SUBJECT: Bid #1842 -Wind Fences for Litter Control
1 would like to accept the bid received on December 7, 1995, from New Waste Concepts
in the amount of $15,300.00 for 1,000 feet of fence. This will help us meet the state
regulations for controlling wind blown paper at the landfill, enhance our operation
and improve our efficiency. Thank you for your help in this matter and if your should have
any further questions, please contact me at extension 7512.
Bids Attached
IAndrdFd129520P
'Dedicated to Qualify Service"
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DATE; J L* KY IT
Agenda Item
CITY COUNCIL REPORT Otto
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
SUBJECT: BID # 1845 - WATER TREATMENT CONSULTING AND CHEMICAL SUPPLY
RECOMMENDATION: We recommend this bid be awarded to the low bidder, Buckman Labs, at the
unit prices as follows:
$83.61 per day per towers 1-4
$49.70 per day tower 5
$ 3.339 per day per boiler
The estimated annual expenditure is $50,000.00
SUMMARY: This bid is for the purchase of chemicals necessary in water treatment for the cooling
towers and steam boilers used at the Electric Production Plant in generating electricity. A water treatment
program establishes the proper chemical requirements, dosage and monitoring practices to ensure
proper equipment operation. This bid will be an annual contract for supplies and consulting on the
treatment of water.
Five bid proposals were received in response to thirteen bid packages mailed to prospective vendors.
BACKGROUND: Tabulation Sheet, Memorandum from Jim Thune dated January 5, 1996.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Electric Production, Electric Utilities, Electric
Customers of the City of Denton.
FISCAL IMPACT: Budgeted funds for Electric Production Operation for 1996, Account # 610-101-
1011-5020.8105.
Re ctfu !mitt
Rick Svehia
Acting City Manager
Prepared by:
Name: Denise Harpool '
Title: Senior Buyer
Approved;
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
6BO.AGENDA
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ID 1845
D ME WATER TREATMENT BUCKMAN CHEM BETZ NALCO MITCO DREW
CONSULTING & CHEMICAL LAB TREAT
SUPPLY
ATE DECEMBER 19,1995
# 'ANTITY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR VENDOR
SID, TOWER $137.201 5310.68 6217.00 5224.91] NO BID
SID, BOILER
53.341 515.40 530.361 $175.00 5139.46 NO BID
TOTAL/D 586.95 S152.60! $341.04 $392,00 sm4.37 NO BID
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AOMeri Item
Date
City of Denton Utilities
1701 A Spencer Road • Denton. Texas 76205 • (817) 383 - 7551 • Fax: (817) 383.7555
January 5, 1996
Tom Shaw
Purchasing Agent
City of Denton
Subject: Bid 1845, Water Treatment Consulting and Chemical Supply
Dear Tom:
Please prepare a consent agenda item to execute a contract with Buckman Laboratories for
chemical supply and water consulting services per bid specifications 1845. Support documentation
is provided as follows:
RECOMMENDATION:
The electric utility recommends executing a contract with Buckman Laboratories for chemical
supply and consulting services for Spencer Station boiler, cooling and closed loop water systems
per bid specifications # 1845. Chemical supply to be priced according to bid response and
confirmation letter dated December 29, 1995 from Kermit Forshage.
SUMMARY:
The water consulting and chemical supply contract with Betz expired October I, 1995.
Specifications were prepared and bid proposals were received from several qualified consultants.
Bids were evaluated using figures for daily cost associated with treatment of up to 700,000
gallons of make up. Buckman furnished low bid. The Electric Utility recommends executing
contractual agreements with Buckman under the terms of the bid specification.
BACKGROUND:
The Spencer Station utilizes high pressure steam boilers, turbines, condensers, cooling water and
closed loop systems in the production of electricity. Those systems are highly sensitive to water
quality and require discrete monitoring and balancing of chemical makeup. Proprietary chemicals
are utilized to adjust system cherr*al makeup to insure proper equipment operation per
established guidelines and practices. A water treatment program establishes the proper chemical
requirements, dosage and monitoring practices.
The Betz water consulting company provided contractual supply of chemicals and service to the
plant for the last four years. The contract with Betz expired in October 1995.
An acceptable water treatment program has been established from years of expe,ience at the
Spencer Station. That program was documented for use in bid specifications. Six water treatment
companies participated in the bid process. In order to evaluate proposals, consultants were asked
to provide daily costs associated with treatment of specified quantities of boiler or cooling water
makeup. These costs could then be easily compared. A tabulation of those comparative costs is
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AN-ILI l:o. °
Agenda fte
Date
Tom Shaw ,
Page 2
January5, 1996
provided as follows:
Buckman Chemtreat Betz Nalco Mitco Drew
$/D, tower $83.61 $137.20 $310.68 $217.00 $224.91 no bid
$/D,boiler $ 3.339 $ 15.40 $ 30.36 $175.00 $139.46 no bid
total/D $86.95 $152.60 $341.04 $392.00 $364.37 no bid
$/D tower costs evaluated on Unit Four tower with no slug biocide application
Buckman offered the lowest indicated cost and guarantees performance to the bid specifications.
Based on cost comparison and performance guarantees, the utility recommends contracting with
Buckman.
FISCAL IMPACT:
Buckmads proposal will result in chemical costs of one fourth the cost from our former supplier.
Applied to the most recent annual cost, savings will total over $50,000.00 per year.
Please advise me if additional material or information would be helpful in preparation of this
matter for Council approval.
Thank you,
mm hune
Manager, Electric Production Division
c::Bob Nelson
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DATE: J r11RjI& 1996q?b
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Ager4 I
CITY COUNCIL REPORT pro
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TO: Mayor and Members of the City Co incil
FROM: Rick SveNa, Acting City Manager
SUBJECT: BID it 1347 - DISTRIBUTION TRANSFORMERS
RECOMMENDATION: We recommend this bid be awarded to the low evaluated bidder for each item
as listed below:
ITEM DESCRIPTION VENDOR TOTAL
I . 25 KVA O.H. WESCO $ 2,690.00
2. 50 KVA O.H. POWER SUPPLY $21,720.00
3. 75 KVA O.H. PREFERRED $ 5,755.00
4. 50 KVA U.G„ PRIESTER $30,210.00
5. 167 KVA U.G, PREFERRED $ 10,105.00
For a total bid award of $70,480.00
SUMMARY: This bid is for the purchase of conventional overhead and padmounted underground
distribution transformers. These transformers will be used throughout the City of Denton electrical
system for operations, maintenance and for :iew residential construction.
Eight bid proposals were received in response to twenty-two bid packages mailed to vendors.
BACKGROUND: Tabulation Sheet, Memorandum /Load Loss Evaluajon from Don McLaughlin dated
January 8, 1996.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Electric Distribution, Electric Utilities, Electric
Customers of the City of Denton.
FISCAL IMPACT: Budgeted funds for Electric Distribution transformers for 1996 , Account # 610-103-
1031-3680-9222.
Res u y s bmitted:
A~j '~Z" -
ck Svehla
1 I Acting City Manager
repared by:
4a"Y ~
Name: Denise Harpool
Title: Senior Buyer
Name: Tom D. Shaw, C P.M.
Title: Purchasing Agent
6B1,AGENDA
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$ID N 1847
B D NAM DISTRIBUTION NIX SESCO TECHLINE TEMPLE PRIESTER POWER PREFERRED WESCO
TRANSFORMERS ELECTRIC INC. INC. SUPPLY SUPPLY ! SALE£:L
D E DECEMBER 21, 1995 CO. INC. INC. SUPPLY
- .
U TITY'. DESCRfPTIO - VENDOR VENDOR VENDOR_ _ E VENDOR _VENDOR ~ VENDOR , . VENDOR 1_VEN00R
TRANSFORASER]5KVA,120110V 5602.00 ss66.o0'I _ f510.00 _ $557,89 S571.00r- f556.oo $625.00'. $538.00
A .j
_ CONAINTIONAL OVERHEAD
$72J.00~ $153L.00 5753.00
2. A TR.0SFOR.AfER 50KNA, 120/2405 S93&00 ...1825.00 oo
CONVENTIONAL OVEEAD
-A TRA\ FORA ER 75K%'A,R120Q OS 51,267.001' $1,218.00, $L130o) 5860.52 . 51,169.41, SI,313.00~ $1,177.00', 51,151.00 $1,082.00
d -
CONIENTINALOVEEAD
S1,/16.00 S1,075.00 51,180.00 51,007,00 NO BID 11066.00 $5,079.00
l J EA TRA\SFO0.AER 50h\'A, 120R0V 51,174.00
SINGLE PI IASE PADIOU\T - - -
NO BID $2 0'_1.00 S2,275.00
EA TAA\SFORIER 167 hY A, 120/7J0Y 52,471.00 $2,769.00 $3,0'16.00 No SID 52,166.00 - _
SINGLE PHASE,PADSSOUVT %0 DID S5,30&DQ $5,100.00
6. ~2 EA T0.ANSF00.M1IERJOOh\'A 27714901k' \/B $5,611.00, S4,820.P $7,255.00 55,049.00 \O BID SS,3OS.00 $5,100.00
_ THREE PHASE PADVO_ U_NT _ _ _ •
\O BID S8,8T8.00, 58,980.00,
_ .510170 00
7 1 EA TRA]SFORSIER 75UhAA 277N80A \1B .00
~
I THREE PHASE PADNOLiNT .._..__J $8,100.00, 511320.00 59,190
I KFHLSLAN CENTRAL- ABB
;yA.\FFACTURER\A\fE ER1C0 I SESCO k1011'ARD IVD C.E.
I MALONEY
DELFIIRY 104D DAYS 120 DAYS 3.20RTS 12•1eK'KS 10-21 MKS 70 DAPS 8•I017i5 7•10N'KS
' NO BID i
CUSINHINS L'TILil INC.
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MEMO
To: Denise Harpool, Senior Buyer
From: Donald L. McLaughlin
Subject: Evaluation of Quotation on Bid # 1847
Date: January 8, 1996
The 25 KVA, 50 KVA, and 75 KVA OH transformers are for operations
and Maintenance. The 50 KVA pad mounted transformers are for the
following Forrestridge Section II, phase II of a subdivision on
Wendell Drive and Stephen Drive, other new residential
construction and, for operations and maintenance. The 167 KVA
pad mounted transformers are for Walden Pond Apartments. The
utility staff recommends awarding the bid to the low bidders.
The low bidders were WESCO for the 25 KVA overheads, Power Supply
for the 50 KVA overheads, Preferred Sales for the 75 KVA
overheads, Priester Supply for the 50 KV'. pad mounted
transformers and Preferred Sales for the 167 KVA pad mounted
transformers. The City will not purchase items, six and seven
because electric engineering did not properly specify the bushing
arrangement in the specifications that were send out.
Sincerely,
Donald L. McLaughlin
cc:
Joe Cherri
Daniel Brown
Festus Okolie
Attachments:
I. Exhibit I, Loss / Cost Evaluation
II. Exhibit II, Total Cost
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EXHIBIT I FOR BID 1847
PAGE-11
Item 1 Loss! Cost Evaluation of Five 25 KVA 120/240 Conventional Overhead
Single Phase Transformer I
MADE NL LL TL 81D CAL DELIVERY
BIDDER_ BY LOSSES LOSSES LOSSES COST COST DAYS
PowarSuppiy Kuhlman 66 255 _ _ 321 $556 53,492 70
Preferred Central 68 310 378 - -
$625 $3,971 _ 112
Priesi_er Cooper 51 261 312 $571 _$3,442 70
_ _ c 62 257 319 , 5602 $3,622 80 i
SESCO - SESCO - 85 950 435 $566 - $4,079 120 11 Techine Howard 79 245 324 $510 $ 3,403 140
Temple GE 61 261 3221 $558 $3,481 _1121 j
LOW BID $3,389 j'
Item 2 Loss/Cost Evaluation of thirty 50 KVA 120240 Conventional Overhead
Single Phase Transformer
- - _U - - -
MADE NL LL TL BID -CAL. DELNERY
BIDDER BY LOSSES LOSSES LOSSES I COST COST DAYS _
PaNeC' u Ku1Im„ii'- 1?3 4+~ M :5i7 - .WW 57`4 - 55:1 7 -7{i
Preferred Central 131 396 5271 W $51 $5,280 112
Prester Cooper 99 442 5411 $795 $5,353 70
Nx- - Ermco 119 - 368 507---
SE 'CO 5,778 80 j
SE_SCO 160 550 _ 710 $825 $6,413 120
_
TechGrse Howard 129 - 430 559 5732 $5,340 140
1 jWES _1_111 21613 507~ ,6 ABB } 1161 449 565 $831
$5,379 170
LOW BID $5,187
Item 1 Loss /Cost Evaluation of Five 75 KVA 120240 Conventional Overhead
Single Phase Transformer
MADE NL L! TL I BID CAL. DELNERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
Power Supply Kuhlman 1461 596 742 $1 173 $7.6641 70
E Piefted , Central ! 18d 453 s ty 637 77-7
Si,1Sf 17;31;~' !9 112'
f Pnester Cooper 14.6 576 7221 $1,313 $8,0570
IN:x._ - 1 $1,267 -$8.1-0-7 80
SESCO SESCO 220 800 10201 $1,218 $928 3 1201 f
Techline Howard 183 556 739; $1,130 $7,660 - 98
Temple GE 112 726 8381 51,169 $7,911 - 112
IWESCOAE B 139 _6731 812 $1,082 $7619 70~ Cf
_ LOW BID $7,311
08-Jan-96 08 11 AM
HIHOMEIF ENG3%TRANX\B184T%B1802WK3
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EXHIBIT I FOR BID 1847
Item 4. Loss / Cos[ Evaluation of Thirty 50 KVA 120040 Pad Mounted
Single Phase Transformer
MADE --NL lL- - TL 81D-- CAL. DELNERY
BIDDER 8Y LOSSES LOSSES [LOSSES COST _ COST DAYS
Preferred CenVaf 103 420 523 $1,066 $6.21
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I Nix - Ermco 116 445 561 $1174 36,78_9 80
'SESCO SESCO 220 B00 1026 $1 476 _ $10,155 120
Techline - Howard - 128 428 556 $1 035 36 348 70
Temple GE
98 502 -600 _$1 180 - S6 8~"u 112
WESCO-_ ABB - - - -
L__ 93 435 528 - 31,079 $6 234 84
LOYL BID $6,162 - l
Item 5' Loss I Cost Evaluation of five 167 KVA 120040 Pad Mounted
Single Phase Transformer
-m-V L-- -Lc---
TL BID CAL. DELNERY
BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS
s[etiti3tl a) :do- `~a W ;>>m 1LrZ0; 1303 M` a'2.. 1 a t3>4 :',x'56
Pnester Cooper
P_ 266 1266 1532 $2,166 $13,842 84
ND( Ermco 241 1586 1827 --$2,471 - $16,967
SESC0 SESCO -45-0 15pp 1900 $2769 _$18941 1- 2-0
Techlme Howard -297 - - 1168 1465 2,056 $14,290 70
LNlESCO ABB - - 226 _ -1389 1615 _ $2 2.75 $15,359 gq {
LOW BID $1
3,438 -
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08-Jan-96 08.11 AM
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EXHIBIT 11 FOR BID 1847
ITEM DESCRIPTION QUANTITY DISTRIBUTOR MANUFACTURER PRICE TOTAL
ITEM 1 25 KVA 120240 OH 5 WESCO ABB $538 $2,690
ITEM 2 SO KVA 1201240 OH 30 Power Supply _ Kuhlman $724 _ $21,720
I7EM 3 75 KVA 120240 OH 5 Proffered Central - $1,151 $5,755
ITEM 4 50 KVA 120240 UG _ 30 Pdesfer Cooper $1,D07 $30,210
ITEM 5 1167 KVA 120240 UG 5 Prefered Central _ $2.02T
510,105
_ TOTAL COST 370,480
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H:WOMEtiE_ENG3ITRANM184AB1802 WK3 08-Jan-96 08:11 AM
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ORDINANCE: NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL
SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE;
AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services
Commission has solicited, received and tabulated competitive bids for the purchase of necessary
materials, equipment, supplies or services in accordance with the procedures of state law on behalf
of the City of Denton; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described materials, equipment, supplies or services can be purchased by the City
through the General Services Commission purchasing programs at less cost than the City would
expend if bidding these items individually; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered purchase order for
materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are
hereby accepted and approved as being the lowest responsible bids for such items:
PURCHASE
ORDER ITEM
NUMBER NO. VENDOR AMOUNT
61267 ALL CALVERT PAVING $ 17,482.00
SECTION 11. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
General Services Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
General Services Commission, and the purchase orders issued by the City.
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Apen.I 1t.1n
oat:
SECTION III. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be attached
hereto; provided that the, Bitten contract is in accordance with the terms, conditions, specifications
and standards contained in the Proposal submitted to the General Services Commission, quantities
and specified sums contained in the City's purchase orders, and related documents herein approved
and accepted.
SECTION IV. That by the acceptance and approval of the above numbered items set forth
in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor
in the amount and in accordance with the approved purchase orders or pursuant to a written contract
made pursuant thereto as authorized herein.
SECTION-V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
i
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V
DATE: NU
ANi 3 016, 1, !
CITY COUNCIL REPORT Awn nen
ait:
TO: Mayor and Members of the City Council
,
FROM: Rick Svehla, Ailing City Manager
SUBJECT: PURCHASE ORDER #61267 - CALVERT PAVING $17,482.00
RECOMMENDATION: We recommend purchase order #61267 be approved to Calvert Paving in the
amount of $17,482.00.
SUMMARY: Purchase Order #61267 is for emergency repairs to an eight (8) inch sewer line on
Woodrow Lane at the Pecan Creek Crossing, The line was discovered to be leaking raw sewage into
Pecan Creek on October 13, 1995. Immediate temporary bypass pumping was started while a more
permanent fix was developed. Time restriction prohibited the formal bidding process. Quotations were
solicited from three local contractors and Calvert Paving was the lowest bidder. Work was completed
December 8, 1995, Original quotes were under $15,000.00, however, the requirement for additional
asphalt cutting and patching, as well as concrete rip rap removal and replacement, drove the final price
to $17,482.00.
Emergency purchase of this nature are exempt from the bid process as outlined in the Texas Local
Government Code Chapter 252.
BACKGROUND: Purchase Order #61267
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water and Sewer Field Services, Calvert
Paving and the Citizens of Denton.
FISCAL IMPACT: Funds for this project will come from 1995-96 budget funds for sewer system
construction.
mitted:
_,e"&
PSve4hla
Acting City Manager
APPROVED:
Name: Tom D. Shaw, C, P. M.
Title: Purchasing Agent
684.AGENDA
I
PUB H , ORDER NO: 61267 THIS IS A
Th m must appear on all CONFIRMING ORDER
in s, very sips, cases. (IF MARKED)
o e . packing slips and bills. 00 NOT DUPLICATE -
' Req N Bid No: Date: 01 08 96 Page No. 01
R PURCHASING DIVISIOITY OX
N 1 901 a DENTONf of DENTO SEXAS 76201-4354 TEXAS STREE 817/383-7100 D/FW METRO 8171267-0042 FAX 8171383-7302
/EN KC ERT PAVING
9A cP BOX 268 DELIVERY CENTRAL RECEIVING S50
3DORESS ADDRESS W/WW ENGINEERING
DENTON TX 76201 901 A TEXAS ST
DENTON, TEXAS 76201
VENDOR NO. CAL49500 DELIVERY QUOTED 01 15 96 FOB DESTINATION BUYER TS TERMS
LIM A ANTITY UNIT DESCRIPTION UNIT PRICE AM€UNT
001 1.00 EA VENDOR CAT. N N / A MFG NAME 17,482.000 17,482.00
CITY IF 96868
WOODROW LN 8" SANITARY SEWER CONSTRUCTION
P GE TOTAL s 17,482.00
OR ND TOTAL : 17,482.00
Ol 625 082 0471 V601 9114 17,482.00
Net (u
INSTRUCTQNS~ 3. ms 11.11
w..., ,,.=a.el
estination prepaid
IE Send Original
115 Eo Mcwidl dusteate COPY 1. SlnrppricesnbdkdOons FOB. D w•c i.a
L Bill to Accounts Payable 5 No federal or slate sales tax shall be included Purchasing vision
PURCHASING
Oentan, TX 76261-1799,._,_ .
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yA" f
ORDINANCE NO.
AN ORDINANCE OF THE COUNCIL OF THE CITY OF DENTON, TEXAS EXTENDING
THE HOURS FOR SALE OF MIXED DRINKS, BEER AND WINE, PURSUANT TO
SECTIONS 105.03, 105.04, AND 105.05 OF THE TEXAS ALCOHOLIC BEVERAGE
CODE; AND ESTABLISHING AN EFFECTIVE DATE.
r THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Pursuant to Sections 105.03, 105.04, and 105.05 of
the Texas Alcoholic Beverage Code, the City does hereby establish
an extended hours area for the sale of mixed beverages, beer, and
wine on premises within the incorporated limits of the City of
Denton, said hours to extend until 2:00 a.m. on any day for which
such extended hours are permissible. On the effective date of this
ordinance, a holder of a mixed beverages or retail dealer's on-
premise late hours permit or license may sell and offer for sale
mixed beverages, beer, and wine for on premises consumption between
midnight and 2:00 a.m. on any day.
SECTION II. That all ordinances in conflict with the
provisions of this ordinance are hereby repealed to the extent of
any such conflict only and the remaining non-conflicting provisions
of such ordinances shall remain in full force and effect.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
BOB CASTLEBERRY,MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY# CITY ATTORNEY
BY:
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lilvCITY OF DENTON, TEXAS DEPARTMENT OF POLICE
MEAIORANDUNI
i
TO: Mayor and Councilmembers
FROM: Michael W. Jez, Executive Director of Public Safety
DATE: January 11, 1996
RE: Late Hours Permitting
This memorandum is submitted in response to requests from varwas Councilmembers, the
Acting City Manager and some citizens.
I have attached for your perusal some analytical data regarding alcohol related activity.
The data is not complete because of our deficient collection methodologies. However, it
does illustrate the impact that alcohol consumption has on the Public Safety Departments.
One thing I think is of significant importance is the impact that late hour permitting may
have on the police officers ability to perform retail/commercial security checks. One can
see from examining the attached frequency distribution charts that alcohol related tails and
arrests an at their peak between 11:00 p.m. and I:00 a.m. and begin to taper off between
2:00 a.m. and 4:00 a.m.
Generally, during the remaining hours of that particular shift police officers are diligently
conducting cominercial/retail secu-ity checks in an effort to reduce nighttime burglaries
and thefts. Passage of late hours permitting would certainly "push" that frequency
distribution thereby reducing the number of hours for such security checks. In short, what
is the value of such checks and is it conceivable that one major retail burglary could off set
any increase in additional sales tax generated from late hour permitting?
Our best estimates are that the city might recognize $45,000.00 in annual rebates due to
such legislation, These monies would barely cover the costs of one additional police
officer should that become necessary.
601 E. HICKORY STREET SUITE E DENTON, TEXAS 76205
DUTY OFFICER (817) 566.8181 FAX (817) 383.7966
t
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Agenda tic. tl~
AOenda he.
Dec.
r
In closing our predic;,*ons concerning the passage of such legislation are as follows:
1) increased alcohol related activities.
2) increased motor vehicle accidents with injury.
3) the need for additional staff.
It is for the above reasons that the Police Department finds it difficult to support the
proposed legislation.
4
ael W !e
Executive it for f Public Safety
I
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)
Activity Analysis for period of September 1, 1994 through May 31 1995
. -
Apend11:0
Apenda Ite .
Calls D10 i
Total Calls for service 31588
Calls where alcohol is typically a factor 7298 (23.1°0)t
Disturbance (Other)..... ,..2371
Disturbance (Pa-,tv'music) -.1674
Disturbance (Domestic). . 1098
Assault ...............664
Intoxicated person ...................517
Fight in progress................ ....395
Intoxicated driver ......................216
Li4uorLaw Violation .._..,96
Aggravated Assault ....................34
Assault with Weapons 31
Reckless Conduct ........10
Disorderly Conduct- „......,5
Homicide, _ ....4
Calks to the address of$ licensed premises: 12362
Accidents in which alcohol is a factor. 183 (9.6310 of total (1899) accidents)
DWUDUI --89
Had been Drinking..,, 94
Arrests
Total Arrests: 31713
Charges filed on accidents in which alcohol is a factor: 71 (2 24%oftotal arrests)
Dw7 ..........................................65
Intoxication Assault .....................3
FaiItostop andtender aid..., ......,2
Fait to leave information..... F
Arrests in which the defendant was intoxicated; 1042 (32,80°/0 oftolal arrests)
Assault on Officer.,........ ...........7....,.............0.67%
Use of force Iresistance 78 ................7.48°,e
Student . 178... 1 TOM14
Tied to Licensed Premises..
,..123........ 11.80%
Minor in Possession Citations issued' 744
Two considerations for extended hours of operations are.
Possibility of big clubs coming into town
Possibility of Topless clubs
t Includes Accidents which involved alcohol as a factor.
2 May not necessarily involve alcohol. Most of calls to the address at the mall are not at the site of the licensed premises.
3 Includes any charges filed on a custody arrest resulting from an accident. All accident charges are not included,
4 Estimate based on a total of 37 issued from Ian, 1, 1993 through May 31, 1995.
V
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Calls Arrests
Time of Day Number f Time of Day Number Age Number
0 632 0 209 Under 17 13
1 700 1 143 171o25 502
2 467 2 82 Over25 521
3 208 3 39
4 103 4 24
5 57 5 18
6 53 6 3
7 49 7 4
8 55 8 7
9 84 9 9
10 111 10 11
11 115 11 11
12 109 12 7
13 148 13 10
14 166 14 10
15 173 15 23
16 215 16 22
17 256 17 22
18 297 18 30
19 308 19 26
20 415 20
50
21 558 21 53
22 782 22 65
23 854 23 164
I
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r
Alcohol Calls by Hour of Day
Sep. 1, 1994 through May 31, 1995
900
600
700 1 _ ■ .
600
' 500
E
z 400
300
■
200 _ _ ■
■ ■ ■
' 100 ■
■ ■ ■ ■
0
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 @
Hour of Day
a
4
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Alcohol Related Arrests by Hour
Sep 1, 1994 through May 31, 1995
250
■
200
r
150
s
2 100 _
■
r
50 _ ■ •
r
0 i
0 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23
L
Hour of Day
0
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Alcohol Arrests by Age
Sep. 1, 1994 through May 31, 1995
13
1%
. Under 17
521 502
48% 1710 25
■ Over 25
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MENIORANDUM
To: Mike Jez, Executive Director of Public Safety
From: James R Thomason, Assistant fire Chief '
Date: January 10, 1996
Re: EMS Incidents Involving Alcohol Use
These figures represent EMS incidents in which alcohol use or abuse was suspected either by
admission, behavior or other indicator (ie. odor, physical evidence, etc.)
Since some paramedics do not always note the presents of ETON if it does not have a bearing
on the patient condition or complaint, the incidents of alcohol impairment may be a much greater
than indicated here. We audited approximately 2500 patient forms for a period of six months
beginning in July and ending in December, 1995 and noted 137 references to the possibility that
alcohol was involved or was an influencing factor in the patients condition or to their treatment.
Incident Time
TIME MON TUE WED THUR FRI SAT SUN TOTAL
12A - 4A 3 3 3 4 6 6 13 38
4A - 8A 1 3 1 5 2 12
8A - 4Pf 2 2 3 3 1 11
4P - 8P 7 5 2 5 5 6 30
8P - 1159 5 4 6 6 9 9 7 46
TOTAL 16 9 14 17 24 28 29 137
u 6m frame coven ay t an.
Nature of Alarm
Motor Vehicle Accident 26
Medical Emergency 54
Injured Person 30
Gun Shot Wound I
Unconscious Person 9
Heart Attack 1
Overdose 1.6
Total 137
~Oa+da Wif
CITY OF DENTON) TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 7620! • TELEPHONE (817),566-8,307
Office of the City Manager
MEMORANDUM
TO: Rick Svehla, Acting City Manager
FROM: Veronica S. Rolen, Administrative Assistant II
DATE: January 12, 1996
SUBJECT: Sale of Beer and Wine
The City of Denton (areas incorporated prior to 1977) is considered
wet for the sale of beer and wine provided the individual or
establishment first obtain a permit issued by the Texas Alcohol and
Beverage Commission (TABC). In order for mixed beverages to be
sold, the establishment must be licensed as a private club.
Attachment 1 outlines the beer and wine application process. In
addition, this memorandum addresses other issues related to the
sale of beer and wine in the City.
Fees
The fees assessed by the State of Texas for beer and wine permits
vary depending on the type of sale permitted. For example, the fee
for "on-premises sale" is 175.0
per year and "off-premises sale". The City of Denton collects sa0fee/equal fto
one-half of the State fee from each licensed establishment (;87.50
"on-premises, and $30.00 "off-premises"). According to the City of
Denton Code of 'Ordinances, establishments eligible for "off-
premises sale" include neighborhood grocery or convenience stores
existing in a neighborhood zoning (NS) district. Establishments
such as restaurants and property owned by the North Texas State
Fair Association where beer and wine is sold for consumption on the
premises are eligible for "on-premises sale". There are currently
83 establishments licensed for off-premises sale and 54 licensed
for on-premises sale. Private Clubs are licensed only by the TABC
and the City of Denton does not receive any fees for those
licenses. Thus, we have no record of the total number of private
club licenses in the city.
"Dedicated to Quality Service"
s
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Hours
t
Currently the sale of beer and wine is permitted on Sunday from
12:00 noon until 12:00 midnight, Monday through Friday from 7:00 am
until 12:00 midnight, and on Saturday from 7:00 am until 1:00 am
F Sunday morning.
Late Hour Permits
According to Jeff Gladden, local TABC Agent, the 54 establishments
licensed for on-premises sale, as well as private clubs, may apply
for late hours consumption (until 2:00 am). The State fee for on-
premises late hours permit is $250. The City would collect a fee
equal to one-half of the State fee for those on-premises
establishments which choose to obtain the additional late hours
license.
Please advise should you have questions or need additoonal
information.
Sincerely,
caw}
Veronica S. Rolen
a
s
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Deto ,
BEER AND %N INE APPLICATION PROCESS
Proper forms may be picked up from room 612 of the Joseph A. Carroll Courts Building, 401 w.
Hickory, Denton, or the local TABC Agent
- FIVE COPIES (5) of the application and FOUR COPIES (4) of the personal history sheet must
be completed and MUST BE TYPEWRITTEN. If you are to operate as a partnership or
corporation, each individual must complete the necessary Personal History Sheets.
- FINGERPRINT R : If you are applying for on premise sales, a finger print card hfUST
BE completed and returned to room 612 immediately. DO NOT WAIT UNTIL YOU ARE
READY TO FILE YOUR APPLICATION. Fingerprints can betaken by the Police Department
or Sherrif's Office.
- When you have filled out the application, it must be taken to the office of the State Comptroller
for completion of that office's affidavit. Offices are located: Fort Worth-4304B Airport Fwy-
817-834-5591; Richardson-1121 Rockingham Dr.-214-690-9786; Sherman-One Grand Center
Bldg , Suite 102, Grand Ave,-214-898-0692; or 3 offices in Dallas. Additional questions, call
Austin: 1-800-252-5555.
- The next s!op is the City Secretary's Office in the respective town. (NOTE TO THE
APPLICANTS IN THE CITY OF DENTON: The application must be taken to the Animal
Control/Consumer Health complex, located at 300 Woodrow Lane.)
- From the City Secretary's Office you shall go to the local TABC office where the agent in
charge will review your application. The office of the agent in Denton is located at 110 W.
Hickory, on the third floor of the Courthouse on the Square. The Agent's normal office hours are
8-5 on Tuesday, and from 8-12 on Wednesday. Tefe: 817-566-0593
REMINDER: If this is the first time the premises have been licensed, you will need to be sure the
premises were inside the city limits at the time the Local Option Election was held.
-From the office of the local TABC Agent, you will go to Rm 612, 401 W. Hickory, Denton
Your application will be set for hearing on a date in the future (average 10 days). It will be
necessary that the agent be present for the hearing
- This last office will refer you to the County Clerk's office where you will file your Assumed
Name Application, your Application for License or Permit, and pay the necessary filing fees.
- If the premises are being licensed for the first time, it will be necessary that a Legal Notice be
published in a newspaper for two consecutive days before the date of the hearing. The County
Clerk's office will prepare the necessary Notice for certain applications. (If the notice is published
in the newspaper, you must furnish the receipt at the hearing.)
5
4
7
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- On the date of the hearing you will return to room 612, Carroll Courts Building. Following the
hearing, it will be necessary for you to go to the Denton County Tax Office, 300 E. McKinney
St., Denton, and pay the necessary fees for the State and County.
- After you pay the fees at the County Tax Office, you will be given two receipts. It will be
necessary to take the blue receipt back to Room 612.
- The local Agent will pick up all forms, complete his portion of the process, and forward the
application tothe office in Austin.
- Your license will be mailed from the Austin office in about htree weeks to the mailing address
shown on the application. You may not stock your premises until you have this license.
SPECIAL NOTE: Should you fail to renew your license at the end of one year, it will be
necessary to begin the whole process again. (Austin does not always notify you of the renewal
date; therefore, your should pay particular attention to the expiration date of your license or
permit.)
"
apettfs Ito 2&E
Da VWaUa[ 16. 1995
CITY COUNCIL. REPORT FORMAT '
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manger
SUBJECT: Consider adoption of an ordinance authorizing the Acting City Manager to execute an
addendum to the agreement between the City of Denton and the Denton Affordable
Housing Corporation relating to increasing the supply of affordable housing in the City
of Denton; authorizing the expenditure of funds therefor; and providing an effective
date.
RECOMMENDATION:
The Community Development staff recommends approval.
SVMMARY:
The ordinance will approve an addendum to DAHC's existing contract. The existing agreement
provides $75,000 in IM HOME funds to the agency. The addendum adopted through this ordinance
will establish an agreement governing the $75,000 granted in I HOME funds. Funds will be used
for operating expenses and housing development programs/projects. The allocation of funds to DAHC
was approved in the 1995 Consolidated Plan. The addendum provides the 1995 funds and lengthens
the term of the agreement. Community Development has been working closely with DAHC to ensure
that they meet all Federal, State and local requirements regarding expenditure of these funds.
BACKGROUND:
On May 2, 1995, City Council adopted the 1995 Consolidated Plan for housing and community
development activities. The plan included the use of $75,000 by the Denton Affordable Housing
Corporation.
Under HOME program regulations, 15 % of the annual allocation must be set aside for community
housing development organizations or "CHDO's." DAHC is currently the only organization certified
as a CHDO by both the State of Texas and the City of Denton.
The Consolidated Plan states that the Denton Affordable Housing Corporation will use $20,500 fer
operating expenses (this is capped at 5% of the total HOME allocation). The balance of $54,500 is set
aside for approved housing projects/programs. All projects proposed by DAHC will be reviewed and
approved by Community Development staff before expenditure of funds.
MYEUCCRF.CCDA
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ANAr;D, ~ 1
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: ova
1
Potential project and program beneficiaries
Lending institutions
Builders and developers
Real estate professionals
Denton County Housing Finance Corporation
Community Development
FISCAL IMPACT:
The Denton Affordable Housing Corporation has received approximately $58,000 in funding from the
Denton County Housing Finance Corporation. City of Denton HOME funding will total $150,000.
DAHC may request future HOME dollars for specific projects. City of Denton general funds will not
be requested.
Respectfully submitted:
Rick SvehIa
Acting City Manager
Prepared by:
RAI -
Barbara Ross
Community Development Administrator
Approved:
Frank Rob ins, AICP
Executive Director for Planning & Development
Attachments:
Copy of existing agreement with DAHC
Copy of addendum
Copy of ordinance approving amendment
Copy of DAHC's 1994295 Year End Report
AVYELTCflF.CM2
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aoene, net.
AGREEMENT BETWEEN THE CITY OF Do
AND THE DENTON AFFORDABLE HOUSING CORPORATION
This Agreement Between the City of Denton and the Denton
Affordable Housing Corporation ("Agreement") is made and entered
into by and between the City of Denton, a Texas municipal corpora-
tion ("CITY"), acting by and through its City Manager, pursuant to
ordinance, and the Denton Affordable Housing Corporation, Denton,
Texas a not-for-profit corporation, ("CONTRACTOR").
WHEREAS, CITY has received funds from the U. S. Department of
Housing and Urban Development under the National Affordable Housing
Act of 1990 as amended by the Housing and Community Development Act
of 1992;
WHEREAS, CITY has adopted a budget for such funds and included
therein an authorized Program Budget for expenditure of funds for
administration costs and project funding for the Denton Affordable
Housing Corporation included as Attachment "B"•
WHEREAS, CITY has designated the Community Development office
as the division responsible for the administration of this Agree-
ment and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter de-
scribed.
i.
TERM
This Agreement shall commence on or as of June 15, 1995, and
shall terminate on June 14, 2005, unless adjusted by the CITY.
Request for such an adjustment must be in writing and is to be sub-
mitted to the Community Development Office.
II.
RESPONSIBILITIES
A. CONTRACTOR hereby accepts the responsibility for the per-
formance of all services and activities, described in the Work
Statement attached hereto as Attachment "A" and incorporated herein
as if set forth at length, in accordance with the Program Budget
attached hereto as Attachment "B" and incorporated herein as if set
forth at length, in a satisfactory and efficient manner as deter-
mined by CITY, in accordance with the terms herein. CONTRACTOR's
executive director shall be CONTRACTOR's representative responsible
for the management of all contractual matters pertaining hereto,
unless written notification to the contrary is received from CON-
TRACTOR, and approved by CITY. All housing projects and programs
initiated as described in Attachment "A" shall have prior written
approval of the CITY. Requests for approval shall be submitted to
the Community Development Office at least 90 days before initiation
r ,
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of the project or program. Ono
B. The CITY'S Community Development Administrator wi 1
CITY's representative responsible for the administration of this
Agreement.
C. CONTRACTOR shall comply with HUD Office of Management and
Budget circulars A-122 and A-110, Attachments B, F, H, paragraph 2
and Attachment 0.
D. CONTRACTOR shall request certification as a "Community
Housing Development Organization" (CHDO) from the Texas Department
of Housing and Community Affairs within Sixty (60) days after the
execution of this Agreement. CONTRACTOR shall obtain CHDO Certi-
fication from the State prior to any request for funding pursuant
to this Agreement.
E. CONTRACTOR shall not change the Program Budget without
prior written approval from the CITY.
III.
CITY'S OBLIGATION
A. CITY in accordance with 24 CFR 92.208, Eligible CHDO
Operating Expense and Capacity Building Costs, shall provide funds
in the amount of $25,000 or less ("Administrative Funds") to assist
the CONTRACTOR in the administration of the Denton Affordable
Housing Corporation. CITY shall provide an additional $50,000
("Project Funds") for specific housing projects and programs to be
approved by CITY prior to expenditure of Project Funds.
B. CONTRACTOR agrees to hold and save harmless the CITY from
any and all loss, cost, or damage of every kind, nature or descrip-
tion arising under this Agreement.
C. CITY shall be responsible for performing an environmental
review to insure necessary compliances are met.
D. This Agreement and the payments made hereunder are con-
tingent upon receipt of U.S. Department of Housing and Urban De-
velopment funds pursuant to the HOME Investment Partnership Pro-
gram, and shall terminate immediately, not withstanding the pro-
visions of Article XV hereof, should such funds be discontinued for
any reason.
IV.
COMPLIANCE WITH STATE AND LOCAL LAWS
A. The CITY and CONTRACTOR agree to perform their duties
arising pursuant to the Agreement in compliance with the U.S.
Department of Housing and Urban Development HOME nvestment
Partnership Program regulations at 24 CFR 92.
B. CONTRACTOR shall comply with the uniform administrative
requirements, as described in 24 CFR 92.505 in the HOME Investment
Partnership Program regulations, a copy of which is attached
PAGE 2
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Ap2i i La,
A;W2 !la
hereto. Mato 1
C. If it s
by the CITY that the use
Departmeo
of Housing and Urban Development HOME Investment Partnership Pro-
gram, the CONTRACTOR shall reimburse the CITY for the costs deter-
mined to be disallowed under the U.S. Department of Housing and
Urban Development HOME Investment Partnership Program regulations.
V.
REPRESENTATIONS
A. The CITY is providing funding to the CONTRACTOR in order nt of promot
admini to at~ nm and programming lwill usmeet this stated ngoal.
B. The CITY is the only agent authorized to designate
changes to the Program Budget or to approve specific projects and
programs authorized pursuant to the non-administration portion of
the Program Budget.
VI.
COVENANTS
A. During the term of this Agreement, CONTRACTOR shall not,
without the prior written consent of CITY's Executive Director for
Planning & Development or his authorized representative change the
use of the funding provided by the CITY unless:
(1) The proposed change meets all requirement of the U.S.
Department of Housing and Urban Development HOME Invest-
ment Partnership Program, and
(2) CONTRACTOR obtains the prior written consent of CITY'S
Executive Director for Planning & Development or his/her
authorized representative.
VII.
PROGRAM INCOME
All fees collected by CONTRACTOR for services are considered
Program Income, and shall be retained by the CONTRACTOR to be used
for projects and programs as previously described. CONTRACTOR
shall generate and maintain Fiscal records reflecting the use and
disposition of Program Income.
VIII.
MAINTENANCE OP RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received pursuant to this Agreement and pursuant to
any other applicable Federal and/or State regulations establishing
standards for financial management. CONTRACTOR's record system
shall contain sufficient documentation to provide detailed support
and justification for each expenditure. Nothing in this section
PAGE 3
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! Agenda Bo.
Aoenda It m
Date r
shall be construed to relieve CONTRACTOR of fiscal accountabi ity
and liability under any other provision of this Agreement or any
applicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
B. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
pursuant to this Agreement for the period of time and under the
conditions specified by CITY.
C. Nothing in the above subsections shall be construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided pursuant to this Agreement.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records and shall permit
CITY, or any of its authorized representatives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data relating to the program
requested by said representatives.
E. The CONTRACTOR shall give the City of Denton, the U.S.
Derartment of Housing and Urban Development, or any of their duly
authorized representatives, access to and the right to examine all
books, accounts, records, reports, files and other papers belonging
to or in use by the CONTRACTOR pertaining to this Agreement. Such
rights to access shall continue as long as the records are retained
by the CONTRACTOR.
IX.
REPORTS AND INFORMATION
A. At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and deem pertinent to matters covered by
this Agreement.
B. An audit must be conducted in accordance with 24 CFR
parts 44 and 45 as applicable. CONTRACTOR shall submit a copy of
said audit to the Community Development Office within ten days of
receipt of the completed report.
X.
MONITORING AND EVALUATION
The CITY shall conduct a performance review of CONTRACTOR on
an annual basis or as otherwise deemed necessary by the CITY to
evaluate compliance with the provisions of this Agreement as neces-
sary in the performance of its duties of program accountability.
PAGE 4
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°7G1: XI.
INSURANCE
An insurance policy acceptable to CITY, in CITY'S sole dis-
cretion, shall be secured by the CONTRACTOR on an annual basis to
cover liability. A copy of this policy shall be submitted to the
Community Development office within 30 days of contract executio:
and each year thereafter for the ten year contract period.
XII.
EQUAL OPPORTUNITY
I
During the performance of this Agreement, the CONTRACTOR is
subject to Executive Order 11246, as amended, and, therefore,
agrees to the following:
(1) The CONTRACTOR will not discriminate against any employee
or applicant for employment because of race, color,
religion, sex, national origin, or familial status. The
CONTRACTOR will take affirmative action to ensure that
applicants who are employed are treated during employment
without regard to their race, color, religion, sex,
national origin, or familial status, concerning such
employment, upgrading, demotion, or transfer; recruitment
or recruitment advertising; layoff or termination; rates
of pay or their apprenticeship. the CONTRACTOR agrees to
post in conspicuous places, available to both employees
and applicants for employment, notices to be provided by
the CITY setting forth provisions of this nondiscrimina-
tion clause.
(2) The CONTRACTOR, in all solicitations or advertisements
for employees placed by or on behalf of the CONTRACTOR,
shall state that all qualified applicants will receive
consideration for employment without regard to race,
color, religion, sex, national origin, or familial
status.
XIII.
CONFLICT OF INTEREST
The CITY and CONTRACTOR state that to the best of their
knowledge no member of the City of Denton, Texas, and no officer,
employee, or agent of said authority who exercises any function or
responsibilities in connection with this Agreement has a personal
financial interest, direct or indirect, in this Agreement.
XIV.
POLITICAL OR SECTARIAN ACTIVITY
A. None of the performance rendered hereunder shall involve
any political activity (including, but not limited to, any activity
to further the election or defeat of any candidate for public
office) or any activity undertaken to influence the passage, defeat
or final content of legislation.
PAGE 5
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Agenda No.
Agenda Item
1 oats
B. None of the performance rendered heree4tlit+ MIZ1T1 involve
or benefit in any, manner any sectarian or religious activity.
XV.
TERMINATION
A. The CITY shall have the right to terminate this Agree-
ment, in whole or in part, at any time whenever the CITY determines
that the CONTRACTOR has failed to comply with any term of this
' Agreement. The CITY shall notify the CONTRACTOR in writing thirty
(30) days prior to the date of termination, the effective date of
i such termination, and in the case of partial termination, the
portion of the Agreement to be terminated. Property shall be sub-
ject to disposition.
B. The CITY shall have the right to terminate this Agreement
for convenience, in whole or in part, with the consent of CONTRAC-
TOR and when both parties agree upon the termination conditions,
including the effective date and the portion to be terminated.
C. The CONTRACTOR shall have the right to terminate this
Agreement for convenience, in whole or in part, by written noti-
fication to the CITY, which shall include the reason for such
termination, the effective date and the portion to be terminated.
If, in the case of a partial termination, it is the determination
of CITY that the remaining portion of the award is not sufficient
to accomplish the project as described in the Work Statement, CITY
may require that the entire grant be terminated.
XVI.
INDEMNIFICATION
A. It is agreed and understood by the parties that all
employees and personnel furnished by the Denton Affordable Housing
Corporation and engaged in the work of the Corporation shall not be
deemed employees of the CITY and shall be responsible to and under
the direction of the CONTRACTOR.
B. For purposes of this Agreement, all official communica-
tions and notices among the parties shall be deemed made as of the
date mailed if sent postage paid to the parties and address set for
below:
TO CITY: TO CONTRACTOR:
City Manager Director
City of Denton Denton Affordable housing Corporation
215 E. McKinney St. 100 W. Oak, Suite 208
Denton, Texas 76201 Denton, Texas 76201
PAGE 6
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AM
IN WITNESS OF WHICH is Agreem t has bee ante
the day of 1995.
CITY OF DENT ON
B
•L V. HARRELL, CCITT MANAGER
I
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APP VED TO LEGAL FORM:
MIKE BUCEK, ACTING CITY ATTORNEY
BY: SISL ~
DENTON AFFORDABLE HOUSING CORPORA-
TION
BY
ARD PRESI ENT, Linnie McAdams
ATTE T:
Jane Bur a Provo, Exec. Director
c:~W~eocs~K~cerue.x
PAGE 7
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ATTACHMENT "A"
WORKSTATEMENT
Denton Affordable Housing Corporation
The Denton Affordable Housing Corporation ("DAHC") was developed to
increase the supply of affordable housing in the Denton area. Any
of the following activities may be carried out: administration,
rehabilitation, acquisition, new construction, tenant-based rental
assistance, infrastructure construction related to housing
developments and public service programs. Expenditures of City
funds for housing projects is limited to projects within the city
limits of Denton. DAHC's projects and programs will primarily
benefit low and moderate income households. Low and moderate
income is defined as households below 80t of the area median
income. Most activities will produce income allowing DAHC to pay
administrative costs and initiate new projects.
PAGE 8
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ATTACHMENT "B"
PROGRAM BUDGET
Administration Budget
Salaries, FICA, Workers Compensation, Retirement and Health
Insurance $ 15,000
Rent and utilities 7,000
Telephone 2,000
Office Supplies and Postage 1,000
Total $25,000
Project\Program Budge::
All projects or programs must receive approval from the City
of Denton prior to expenditure of funds. All expenditures must be
eligible under 24 CFR 92, HOME Program regulations. $50,000
PAGE 9
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Doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE ACTING
CITY MANAGER TO EXECUTE AN ADDENDUM TO THE AGREEMENT BETWEEN THE
CITY OF DENTON AND THE DENTON AFFORDABLE HOUSING CORPORATION
RELATING TO INCREASING THE SUPPLY OF AFFORDABLE HOUSING IN THE CITY
OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND
PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Acting City Manager is hereby authorized
to execute an Addendum to the Agreement Between the City of Denton
and Denton Affordable Housing Corporation relating to increasing
the supply of affordable housing in the City of Denton, a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. That this expenditure of funds as provided in the
Agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: e lx e
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Apend3 ro...
Apcnd~ 1;;7 r
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ADDENDUM TO AGREEMENT BETWEEN
THE CITY OF DENTON AND THE
DENTON AFFORDABLE HOUSING CORPORATION CONTRACT
THIS SUPPLEMENTAL AGREEMENT is made as of the day of
, 1996, by and between DENTON AFFORDABLE HOUSING
CORPORATION (Contractor), a Texas not-for-profit corporation and
the CITY OF DENTON (City), a Texas municipal corporation.
RECITALS:
By instrument dated August 1, 1995, the parties hereto or
their predecessors in interest (if any), entered into an agreement
(herein referred to as the "Basic Agreement"), to increase
affordable housing in the Denton area for period to end June 14,
2005.
The parties now desire to modify the Basic Agreement by
funding additional work and extending the period of the contract.
AGREEMENT:
NOW, THEREFORE, IT IS AGREED by and between the parties hereto
as folIjws:
1. Substitution of Attachment "B"
That "Revised Attachment B" attached hereto, shall be and
hereby is substituted for "Attachment B" to the Basic
Agreement, and from and after the effective date herein
whenever the term "Attachment B" is used in the Basic
Agreement, or any amendment or supplement thereto (if
any), such reference shall be deemed to refer to the
"Revised Attachment B" attached hereto.
2. Substitution of Termination Date
The Basic Agreement, or any amendment or supplement
thereto (if any) subsequent to this amendment shall
terminate on June 14, 2006.
3. Supplemental Agreement
This agreement is supplemental to the Basic Agreement, as
herein amended, and nothing herein contained shall be
construed as amending or modifying the same except as
herein specifically provided.
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IN WITNESS WHEREOF, this Supplemental Agreement has been
executed on this the day of , 1996.
CITY OF DENTON
BY:
RICK SVEHLA, ACTING CITY MANAGER
ATTEST:
JENNIFER PALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY? CITY ATTORNEY
BY DENTON AFFORDABLE HOUSING CORPORA-
TION
BY:
BOARD PRESIDENT
ATTEST:
EXECUTOR DIRECTOR
J:%WPD0CS\X\NMSANEX.C0R
PAGE 2
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REVISER
ATTACHMENT "B"
Administration Budget
Salaries, FICA, Workers Compensation. Retirement and Health Insurance $ 28,000
Rent and Utilities $ 12,500
Telephone S3,400
Office Supplies and Postage $ 1,600
Total
$ 45,500
Project/Program Budget
All projects or programs must receive appro4 from the City of Denton prior to expenditure of
funds. Ail expenditures must be eligible under 24 CFR 42, HOME program regulations.
$10.3,500
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Alema 11:n
*Denton Affordable Housing Corporation
1994-95 Year End Informational Report
To
The Board of Directors
Linnie McAdams, President
Gary Hudson, Vice-President
Roy Anderson, CPA
Mariella Cornell
Rev. Kenneth Davis
Marian Hamilton
Isabell Miller
and the
DAHC Members
Issued October 17, 1995
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DAHC's 1994.95 YEAR END REPORT
THE MISSION
Th-2 Denton Affordable Housing Corporation VDAHC") was created to address an
identified need for affordable housing in Denton. The mission of the corporation is to
increase the supply of affordable housing in the Denton area through a variety of
means, including acquisition, construction, renovation, promotion financing, support,
development, management, and/or operation and maintenance of both rental or owner-
occupied housing for persons of limited financial means. The primary populations
targeted for assistance include first-time homebuyers, persons with disabilities, elderly
persons, and individuals and families in nee.' of safe, adequate, and affordable
housing. The organization is also committed to c-ioperating and providing support to
organizations within the community that encourage housing assistance activities, and
to assist generally in the alleviation of the shortage of decent housing for low and
moderate income persons throughout the Denton area. By carrying out its mission and
by joining others dedicated to addressing the housing needs in Denton, DAHC hopes
to promote the stabilization and preservation of neir•hborhoods and the community.
THE CORPORATION
DAHC was issued a Certificate of Incorporation by the Texas Secretary of State on
May 7, 1993 (Charter No. 01270126-011. On August 27, 1994, the organization
received confirmation from the IRS of its status as a charitable non-profit corporation,
as defined in Section 501(c)(3) of the Internal Revenue Code and, as such, is exempt
from paying income taxes.
The accomplishment of these initial organizational steps were the result of the vision
and dedication of Linnie McAdams, DAHC President, and the original Board of
Directors, Fred Gossett, Mariella Cornell, Marian Hamilton, Edna Redmon, and Laverne
Tittle. Through the expertise, sensitivity, and generous contribution of staffing
support provided by Barbara Boss, Community Development Administrator for the City
of Denton (who served as the interim Director for DAHC), and her staff, activity in FY
94-95 focused on the search for the critical funding necessary to capitalize DAHC and
thereby enable the corporation to assume it's Important role in the community.
CAPITALIZATION ACTIVITIES
FY 94.95, ending September 30, 1995, was the year DAHC became fully operational
with a presence in the community. The Corporation successfully applied for and was
awarded nearly $58,000 from the Denton County Housing Finance Corporation
("DCHFC"), This grant was requested to help defray initial administrative expenses
I
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Aoenda No. `
Acenda Ihry
DIV-
94-95 Year End Repor I
Page two
and to assist in the initial development of an affordable housing project or program.
DAHC was also awarded two $75,000 grants from each of the City of Denton's 1994
and 1995 federal HOME funds. The HOME Program is administered by Denton's
Community Development Department. DAHC entered into a contract for the 1994
HOME grant in August. This contract will be amended to include the 1995 award
once the City has received clearance from HUD to commit those funds. Of the total
$150,000 HOME dollars awarded to DAHC, $50,000 is reserved for administrative
expenses and $100,000 is intended for affordable housing projects. As of the end cf
the fiscal year, none of the HOME funds had been expended. Prior to the commitment
of any of the HOME monies reserved for projects, the City must review and approve
the nature of the activity and environmental clearance procedures must have been
carried out.
THE YEAR IN REVIEW
With initial funding in place, the recruitment of an Executive Director began in
January, 1995. A national search was conducted through advertisements in several
professional publications as well as in regional newspapers. After initial screening,
interviews took place in April and an offer was made to Jane Burda Provo, a candidate
with 20 years of experience in the affordable housing field. Ms. Provo joined the
Corporation as its first Executive Director in mid-June.
Several original Board Members who had been involved in the early stages of forming
the non-profit organization, retired from the Board at the Annual Meeting held in June.
The membership at large expressed sincere gratitude for their many contributions.
Three new Board Members were elected at the Annual Meeting and bring expertise
and practical experience that strengthens DAHC's capacity, insight, and
professionalism.
Other accomplishments achieved since full-time staff has been hired include locating,
establishing, furnishing, and equipping permanent offices for the organization. By
obtaining donated office furniture, files, personal computers, and essential software,
costs to DAHC for completely setting up their offices were kept to an absolute
minimum.
DAHC's first project involved a multifamily rental property being offered for sale by the
Resolution Trust Corporation ("RTC"). Preliminary steps were undertaken to evaluate
and begin the acquisition process in July and August. Due diligence was carried out
on this 12-unit, fully occupied, apartment complex named the Coronado
Condominiums, located at 400 Coronado Drive in Denton. The financing package for
47=R~~ I::n
Y,
1994-95 Year End Report
Page three
this property includes a 95 percent fixed rate mortgage loan from the RTC and the
remaining five percent equity contribution and assosicated closing costs will come
from the DCHFC grant. Pursuant to RTC requirements, 35 percent of the units (five
units) will be offered at rents deemed affordable for low income tenants, using RTC's
' methodology for determining rents. Rents for the remaining 65 percent of the units
can be set at whatever the market will bear. DAHC will contract out for the property
management services for this project. Based on the project's pro-forma, Coronado
Condominiums are expected to produce annual earnings in excess of $20,000 for the
first year of operation.
Preliminary analyses were also carried out on two other investment properties in
Denton. The first property, requiring a great deal of rehabilitation, was a 200-unit
residential rental complex being offered for sale by HUD; the second property was a
41-unit apartment project held by the RTC. After thorough evaluation, the DAHC
Board determined that the risks involved in both of these properties exceeded what
a new organization should prudently be involved in and decided against further
consideration of the acquisition of either project.
Applications, together with relevant documentation, were submitted to the Community
Development Department at the City of Denton as well as to the Texas Department
of Housing and Community Affairs ("TDHCA"), requesting certification as a
Community Housing Development Organization f"CHDO"), as defined by the
Department of Housing and Urban Development ("HUD") in their HOME Program
regulations (24 CRF 92.2). Successful attainment of CHDO certification enables
organizations like DAHC to access a portion of the federal HOME funds admin5stered
by participating jurisdictions ("Ns") such as the City of Denton or the S e,e of Texas
(administering funds for areas other than larger municipalities). DAHC succeeded in
receiving certification as a CHDO from the City of Denton and awaits similar
certification from TDHCA momentarily.
Another application, together with documentation necessary to establish the stability
and capacity of DAHC in the residential real estate field, was submitted to HUD,
requesting approval to participat in their Single-Family Disposition Program ("SFDP"►,
This program, administered by HUD's Real Estate Owned ("REO") Branch, will enable
DAHC to access and, if interested, acqul{ o single-family homes, currently held by
HUD, for resale to income eligible home buyers. Approval to participate in this
program is anticipated from HUD at any time.
Pursuant to the contractual and regulatory requirements that accompany the receipt
of any federal funds, DAHC drafted Corporate Policies and Procedures, establishing
internal controls and cost principtes, and guiding the organization in the prudent
handling of financial matters and the administration of activities and programs funded
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1994-95 Year End Report
Page four
from multiple sources (including federal funds).
CONCLUSION
FY 94-95 has been a very active and successful year for DAHC. It was a year when
sufficient funding had been assembled to hire professional staff, accomplish the
necessary administrative and corporate procedures and tasks required of a start-up
non-profit organization, and establish permanent offices as well as a presence in the
Community. Expressions of positive support were received from the City, the County,
several local fending institutions, and many other service providers in the area.
As we embark on another year, we look forward to continued success in developing,
marketing and implementing affordable housing programs, generating operating and
development funds, hiring additional staff, expanding our membership, and
establishing a positive image in the Community, Because of the expertise and
commitment of our Board of Directors and staff, we feel these are realistic goals for
our Corporation and are essential to our ongoing dedication to our mission.
.~:na~ lwn -
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CITY COUNCIL EEORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manger
SUBJECT: Consider adoption of an ordinance authorizing the Mayor to execute an agreement
between the City of Denton and Fairhaven, Inc. to provide for rental assistance;
authorizing the expenditure of funds therefore; and declaring an effective date.
QmM ,N"TION:
The Community Development staff recommends approval.
The ordinance will approve an amendment that grants 1495 HOME funds allocated to Fairhaven.
Funds will be used to provide rent subsidies for low and moderate income senior tenants. These
subsidies will allow senior tenants to remain in the independent housing facility. Fairhaven also
provides meals and homemaker services to support continuation of independent living.
RA K .ROrr sT,
On May 2, 1495, City Council adopted the 1495 Consolidated Plan for Housing and Community
Development activities. The plan included the use of $12,280 by Fairhaven, Inc, for rent support.
HOME regulations include tenant-based rental assistance as an eligible activity.
Fairhaven, Inc, is a nonprofit retirement center housing low and moderate income senior persons.
There are currently nine units with rental subsidies from the US Department of Housing and Urban
Development. Two additional subsidies are provided through the Fairhaven Foundation. Contract
rentsfor all units are reviewed and approved by HUD.
Q&OaUS
PI FF~CTEl2:
Senior tenants at Fairhaven Retirement Center
Families of senior tenants
Community Development
DOCFILEICCRFFAIR 1 161:
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FISCAL IMP 40 ZA(T
All funds project funds are federal HOME funds. Community Development staff will monitor the
program and provide technical support.
Respectfully submitted: 4e6~~
Rick Svehla
Acting City Manager
Prepared by:
Barbara Ross
Community Development Administrator
Approved:
Frank Robbins, AICP
Executive Director for PI nning & Development
Attachments:
Copy of ordinance
Copy of contract
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Agenda t'o.
Ap:r.3 I:cm
Del.,
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE MAYOR TO
EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND FAIRHAVEN, INC.
TO PROVIDE FOR RENTA_ ";SISTANCE; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, City has received certain funds from the U.S. Department
of Housing and [Urban Development under the National Affordable
Housing Act of 1990 as amended; and
WHEREAS, City has adopted a Consolidated Plan that includes a
budget for such funds and included therein an authorized budget for
expenditure of funds for tenant-based rental assistance to be
provided to residents of the Fairhaven Retirement Center; and
WHEREAS, City has designated the Community Development Office as
the division responsible for the administration of this contract
and all matters pertaining thereto. NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute the
attached agreement with Fairhaven, Inc. to provide for the
reimbursement of funding for rental assistance.
SECTION II. That the City Council hereby authorizes the
expenditure of funds in the manner and amount as specified in the
agreement, not to exceed $12,280.00.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 19
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
0
aoena, rso.
1996 - 1998
AGREEMENT BETWEEN THE CITY OF DENTON
AND FAIRHAVEN, INCORPORATED
This Contract is made and entered into by and between the City
of Denton, a Texas municipal corporation, acting by and through its
City Manager, pursuant to ordinance, hereinafter referred to as
CITY, and Fairhaven, Inc., 2400 N. Bell Avenue, Denton, Texas
76201, hereinafter referred to as CONTRACTOR.
WHEREAS, CITY has received certain funds from the U. S.
Department of Housing and Urban Development under the National
Affordable Housing Act of 1990, as amended; and
WHEREAS, CITY has adopted a Consolidated Plan that includes a
budget for such funds and included therein an authorized budget for
expenditure of funds for tenant-based rental assistance to be
provided to residents of the Fairhaven Retirement Center; and
WHEREAS, CITY has designated the Community Development office
as the division responsible for the administration of this contract
and all matters pertaining thereto; and
WHEREAS, CITY wishes to engage CONTRACTOR to carry out such
project;
NOW, THEREFORE, the parties hereto agree, and by the execu-
tion hereof are bound to the mutual obligations and to the per-
formance and accomplishment of the conditions hereinafter
described.
I.
TERM
This Contract shall commence on or as of January 1, 1996, and
shall terminate on January 1, 1998.
II.
RESPONSIBILITIES
A. CONTRACTOR hereby accepts the responsibility for the
performance of all services and activities, described in the Work
Statement attached hereto as Exhibit A, in a satisfactory and
efficient manner as determined by CITY, in accordance with the
terms herein.
B. CONTRACTOR's executive director shall be CONTRACTOR's
representative responsible for the management of all contractual
matters pertaining hereto, unless written notification to the
contrary is received and approved by CITY. The CITY'S Community
Development Administrator shall be CITY's representative
responsible for the administration of this contract.
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III.
CITY'S OBLIGATION
A. Limit of Liability. CITY will reimburse CONTRACTOR for
expenses incurred pursuant hereto in accordance with the project
budget included as a part of Exhibit B. Notwithstanding any other
provision of the Contract, the total of all payments and other
obligations made or incurred by CITY hereunder shall not exceed the
sum of $12,280.00.
B. Measure of Liability. In consideration of full and
satisfactory services and activities hereunder by CONTRACTOR, CITY
shall make payments to CONTRACTOR based on the Budget attached
hereto and incorporated herein for all purposes as Exhibit. B, sub-
ject to the limitations and provisions set forth in this Section
and Section VII of this Contract.
(1) CITY shall not be liable for any cost or portion
thereof which:
(a) has been paid, reimbursed or is subject
to payment or reimbursement, from any other
source;
(b) was incurred prior to the beginning date,
or after the ending date specified in
Section I;
(c) is not in strict accordance with the
terms of this Contract, including all exhibits
attached hereto; or
(d) has not been billed to CITY within thirty
(30) calendar days following billing to CON-
TRACTOR, or termination of the Contract,
whichever date is earlier.
(2) CITY shall not be liable for any cost or portion
thereof which is incurred with respect to any activity of CON-
TRACTOR requiring prior written authorization from CITY, or
after CITY has requested that CONTRACTOR furnish data concern-
ing such action prior to proceeding further, unless and until
CITY advises CONTRACTOR to proceed.
(3) CITY shall not be obligated or liable under this
Contract to any party other than CONTRACTOR for payment of any
monies or provision of any goods or services.
PAGE 2
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IV.
COMPLIANCE WITH FEDERAL, STATE and LOCAL LAWS
CONTRACTOR understands that funds provided to it pursuant to
this Agreement are funds that have been made available to CITY by
the Federal Government (U.S. Department of Housing and Urban
Development) under the National Affordable Housing Act of 1990, as
amended, in accordance with an approved grant application and
sp:icific assurances. Accordingly, CONTRACTOR assures and certifies
that it will comply with the requirements of the National
Affordable Housing Act of 1990 as amended and with regulations
promulgated thereunder and codiZied at 24 CFR Part 92 as the HOME
Investment Partnerships program. The foregoing is in no way meant
to constitute a complete compilation of all duties imposed upon
CONTRACTOR by law or administrative ruling, or to narrow the
standards that CONTRACTOR must follow.
CONTRACTOR further assures and certifies that if the
regulations and issuances promulgated pursuant to the Act are
amended or revised, it shall comply with them, or notify CITY, as
provided in Section XXI of this Agreement.
CONTRACTOR shall abide by the conditions of and comply with
the requirements of the Office of Management and Budget Circular
Nos. A-87, A-110 and A-122.
CONTRACTOR shall comply with all laws of the United States of
America and the State of Texas and ordinances of the city of Denton
in the performance of this contract.
V.
REPRESENTATIONS
A. CONTRACTOR assures and guarantees that it possesses the
legal authority, pursuant to proper, appropriate and official
motion, resolution or action passed or taken, to enter into this
Contract.
B. The person or persons signing and executing this Contract
on behalf of CONTRACTOR, do hereby warrant and guarantee that he,
she, or they have been fully authorized by CONTRACTOR to execute
this Contract on behalf of CONTRACTOR and to validly and legally
bind CONTRACTOR to all terms, performances and provisions herein
set forth.
C. CITY shall have the right, at its option, to either
temporarily suspend or permanently terminate this Contract if there
is a dispute as to the legal authority of either CONTRACTOR or the
person signing the Contract to enter into this Contract. CONTRAC-
TOR shall pay to CITY any and all money it receives from CITY
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pursuant to this Contract if CITY suspends or terminates this
Contract for the reasons enumerated in this Section.
D. CONTRACTOR agrees that the funds and resources provided
CONTRACTOR under the terms of this Contract will in no way be sub-
stituted for funds and resources from other sources, nor in any way
serve to reduce the resources, services, or other benefits which
would have been available to, or provided through, CONTRACTOR had
this Contract not been executed.
VI.
PERFORMANCE BY CONTRACTOR
CONTRACTOR will provide, oversee, administer, and carry out
all of the activities and services set out in the Work Statement,
attached hereto and incorporated herein for all purposes as
Exhibit A, utilizing the funds as provided in Exhibit B, attached
hereto and incorporated herein for all purposes and in accordance
with all other terms, provisions and requirements of this Contract.
No modifications or alterations may be made in the Work State-
ment without the prior written approval of the City's Community
Development Administrator.
VII.
PAYMENTS TO CONTRACTOR
A. Payments to Contractor. The CITY shall pay to the CON-
TRACTOR a maximum amount of money not to exceed $12,280.00 for
services rendered under this Contract. CITY may pay these funds on
a reimbursement basis to the CONTRACTOR within twenty days after
CITY has received supporting documentation. Failure to request
reimbursement on a timely basis, may jeopardize present or future
funding.
B. Excess Payment. CONTRACTOR shall refund to CITY within
ten (10) working days of CITY's request, any sum of money which has
been paid by CITY and which CITY at any time there After determines:
(1) has resulted in overpayment to CONTRACTOR;
(2) has not been spent strictly in accordance with the
terms of this Contract; or
(3) is not supported by adequate documentation to fully
justify the expenditure.
C. Deobligation of Funds. In the event that actual expendi-
tures deviate from CONTRACTOR's provision of a corresponding level
of performance, as specified in Exhibit A, CITY hereby reserves the
right to reappropriate or recapture any such under expended funds.
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D. Contract Close out. CONTRACTOR shall submit the Contract
close out package to CITY, together with a final expenditure re-
port, for the time period c.;iered by the last invoice requesting
reimbursement of funds under this Contract, within fifteen (15)
working days following the close of the Contract period. CONTRAC-
TOR shall utilize the form agreed upon by CITY and CONTRACTOR.
VIII.
WARRANTIES
CONTRACTOR represents and warrants that:
A. All information, reports and data heretofore or hereafter
requested by CITY and furnished to CITY, are complete and accurate
as of the date shown on the information, data, or report, and,
since that date, have not undergone any significant change without
written notice to CITY.
B. Any supporting financial statements heretofore requested
by CITY and furnished to CITY, are complete, accurate and fairly
reflect the financial condition of CONTRACTOR on the date shown on
said report, and the results of the operation for the period
covered by the report, and that since said date, there has been no
material change, adverse or otherwi3e, in the financial condition
of CONTRACTOR.
C. No litigation or legal proceedings are presently pending
or threatened against CONTRACTOR.
D. None of the provisions herein contravenes or is in con-
flict with the authority under which CONTRACTOR is doing business
or with the provisions of any existing indanture or agreement of
CONTRACTOR.
E. CONTRACTOR has the power to enter into this Contract and
accept payments hereunder, and has taken all necessary action to
authorize such acceptance under the terms and conditions of this
Contract.
F. None of the assets of CONTRACTOR are subject to any lien
or encumbrance of any character, except for current taxes not
delinquent, except as shown in the financial statements furnished
by CONTRACTOR to CITY.
Each of these representations and warranties shall be continu-
ing and shall be deemed to have been repeated by the submission of
each request for payment.
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IX.
COVENANTS
During the period of time that payment may be made hereunder
and so long as any payments remain unliquidated, CONTRACTOR shall
not, without the prior written consent of CITY's Executive Director
of Planning and Development or his authorized representative:
(1) Mortgage, pledge, or otherwise encumber or suffer to
be encumbered, any of the assets of CONTRACTOR now owned or
hereafter acquired by it, or permit any pre-existing mort-
gages, liens, or other encumbrances to remain on, or attached
to, any assets of CONTRACTOR which are allocated to the per-
formance of this Contract and with respect to which CITY has
ownership hereunder;
(2) Sell, assign, pledge, transfer or otherwise dispose
of accounts receivables, notes or claims for money due or to
become due;
(3) Sell, convey, or lease all or a substantial part of
its assets;
(4) Make any advance or loan to, or incur any liability
for any other firm, person, entity or corporation as guaran-
tor, surety, or accommodation endorser; or
(5) Sell, donate, loan or transfer any equipment or item
of personal property purchased with funds paid to CONTRACTOR
by CITY, unless CITY authorizes such transfer.
CONTRACTOR shall, upon written request by CITY, require its
employees to attend training sessions sponsored by the Community
Development Office.
X.
ALLOWABLE COSTS
A. Costs shall be considered allowable only if incurred
directly in the performance of and in compliance with this Contract
and in conformance with the standards and provisions set forth in
Exhibits A and B.
B. Approval of CONTRACTOR's budget, Exhibit S, does not
constitute prior written approval of the expenditure of funds, even
though certain items may appear therein. CITY's prior written
authorization is required in order for the following to be con-
sidered allowable costs:
(1) Encumbrance or expenditure during any one month
period which exceeds one-fifth (1/5) of any budgeted line
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items for costs as specified in Exhibit B;
(2) CITY shall not be obligated to any third parties,
including any subcontractors of CONTRACTOR, and CITY funds
shall not be used to pay, for any contract service extending
beyond the expiration of this Contract;
(3) Out of town travel;
(4) Any alterations or relocation of the facilities on
and in which the activities specified in Exhibit A are con-
ducted;
(5) Any alterations, deletions or additions to the
Personnel schedule incorporated in Exhibit B;
(6) Costs or fees for temporary employees or services;
(7) Any fees or payments for consultant services; or
(S) Fees for attending out of town meetings, seminars or
conferences.
Written requests for prior approval are CONTRACTOR's responsibility
and shall be made within sufficient time to permit a thorough
review by CITY. Contractor must obtain written approval by CITY
prior to the commencement of procedures to solicit or purchase
services, equipment, or real or personal property. Any procurement
or purchase which may be approved under the terms of this Contract
must be conducted in its entirety in accordance with the provisions
of this Contract.
XI.
MAINTENANCE OF RECORDS
A. CONTRACTOR agrees to maintain records that will provide
accurate, current, separate, and complete disclosure of the status
of the funds received under this Contract, in compliance with the
provisions of Exhibit B, attached
ap-
plicable Federal and State regulations e es,tabldishing standards for
financial management. CONTRACTOR's record system shall contain
sufficient documentation to provide in detail full support and
justification for each expenditure. Nothing in this Section shall
be construed to relieve CONTRACTOR of fiscal accountability and
liability under any other provision of this Contract or any ap-
plicable law. CONTRACTOR shall include the substance of this
provision in all subcontracts.
B. CONTRACTOR agrees to retain all books, records, docu-
ments, reports, and written accounting policies and procedures
pertaining to the operation of programs and expenditures of funds
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under this Contract for the period of time and ur the conditions
specified by CITY.
C. Nothing in the above subsections zni., je construed to
relieve CONTRACTOR of responsibility for retaining accurate and
current records which clearly reflect the level and benefit of
services provided under this Contract.
D. At any reasonable time and as often as CITY may deem
necessary, the CONTRACTOR shall make available to CITY, or any of
its authorized representatives, all of its records and shall permit
CITY, or any of its authorized representarives to audit, examine,
make excerpts and copies of such records, and to conduct audits of
all contracts, invoices, materials, payrolls, records of personnel,
conditions or employment and all other data requested by said
representatives.
XII.
REPORTS AND INFORMATION
At such times and in such form as CITY may require, CON-
TRACTOR shall furnish such statements, records, data and informa-
tion as CITY may request and deem pertinent to matters covered by
this Contract.
CONTRACTOR shall submit quarterly beneficiary and financial reports
to CITY no less than once each three month,;, with the first reports
due on or before Varch 30, 1996. The ber,c?,ficiary report shall
detail client information, including race, income, and other
statistics required by CITY. The financial report shall include
information and data relative to all programmatic and financial
reporting as of the beginning date specified in Section I of this
Contract.
Unless a written exemption has been granted by the CITY,
CONTRACTOR shall submit an audit conducted by independent examiners
within ten (10) days after receipt of such.
XIII.
MONITORING AND EVALUATION
A. CITY shall perform on-site monitoring of CONTRACTOR's
performance under this Contract.
B. CONTRACTOR agrees that CITY may carry out monitoring and
evaluation activities to ensure adherence by CONTRACTOR to the work
Statement, and Program Goals and objectives, which are attached
hereto ac Exhibit A, as well as other provisions of this Contract.
C. CONTRACTOR agrees to cooperate fully with CITY in the
development, implem«ntation and maintenance of record-keeping
systems and to provide data determined by CITY to be necessary for
CITY to effectively fulfill its monitoring and evaluation responsi-
bilities.
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D. CONTRACTOR agrees to cooperate in such a way so as not to
obstruct or delay CITY in such monitoring and to designate one of
its staff to coordinate the monitoring process as requested by CITY
staff.
E. After each official monitoring visit, CITY shall provide
CONTRACTOR with a written report of monitoring findings.
F. CONTRACTOR shall submit copies of any fiscal, management,
or audit reports by any of CONTRACTOR's funding or regulatory
bodies to CITY within five (5) working days of receipt by CONTRAC-
TOR.
XIV.
DIRECTORS' MEETINGS
During the term of this Contract, CONTRACTOR shall cause to be
delivered to CITY copies of all notices of meetings of its Board of
Directors, setting forth the time and place thereof. such notice
shall be delivered to CITY in a timely manner to give adequate
notice, and shall include an agenda and a brief description of the
matters to be discussed. CONTRACTOR understands and agrees that
CITY representatives shall be afforded access to all of the Board
of Directors' meetings.
Minutes of all meetings of CONTRACTOR's governing body shall
be available to CITY within ten (10) working days of approval.
XV.
INSURANCE
A. CONTRACTOR shall observe sound business practices with
respect to providing such bonding and insurance as would provide
adequate coverage for services offered under this Contract.
B. CONTRACTOR shall obtain, for the premises on and in which
the activities described in Exhibit A are conducted, and for the
employees conducting these activities, premise liability insurance,
commonly referred to as "Owner/Tenant" coverage, with CITY named as
an additional insured. Upon request of CONTRACTOR, CITY may, at
its sole discretion, approve alternate insurance coverage arrange-
ments.
C. CONTRACTOR will comply with applicable workers' compensa-
tion statutes and wi.'.1 obtain employers' liability coverage where
available and other appropriate liability coverage for program
participants, if applicable.
D. CONTRACTOR will maintain adequate and continuous
liability insurance on all vehicles owned, leased or operated by
CONTRACTOR. All employees of CONTRACTOR who are required to drive
a vehicle in the normal scope and course of their employment must
possess a valid Texas driver's license and automobile liability
insurance. Evidence of th- employee's current possession of a
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valid license and insurance must be maintained on a current basis
in CONTRACTOR's files.
E. Actual losses not covered by insurance as required by
this Section are not allowable costs under this Contract, and
remain the sole responsibility of CONTRACTOR.
XVI.
EQUAL OPPORTUNITY
A. CONTRACTOR shall submit for CIfY's approval a written
plan for compliance with the Equal Employment and Affirmative
Action Federal provisions, within thirty (30) days of the effective
date of this Contract.
B. CONTRACTOR shall comply with all applicable equal employ-
ment opportunity and affirmative action laws or regulations.
C. CONTRACTOR will furnish all information and reports re-
quested by the CITY, and will permit access to its books, records,
and accounts for purposes of investigation to ascertain compliance
with local, state and Federal rules and regulations.
D. In the event of CONTRACTOR's non-compliance with the
non-discrimination requirements, City may cancel or terminate the
Contract in whole or in part, and CONTRACTOR may be barred from
further contracts with CITY.
XVII.
PERSONNEL POLICIES
CONTRACTOR shall establish and maintain personnel policies
which shall be available for examination. Such personnel policies
shall:
A. Be no more liberal than CITY's personnel policies, pro-
cedures, and practices, including policies with respect to employ-
ment, salary and wage rates, working hours and holidays, fringe
benefits, vacation and sick leave privileges, and travel; and
B. Be in writing and shall be approved by the governing body
of CONTRACTOR and by CITY.
XVIII.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. CONTRAC-
TOR further covenants that in the performance of this Contract, no
person having such interest shall be employed or appointed as a
member of its governing body.
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B. CONTRACTOR further covenants that no member of its
governing body or its staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
gain for himself, or others, particularly those with which he has
family, business, or other ties.
C. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Contract shall (1) participate in any decision relating to the
Contract which affects his personal interest or the interest in any
corporation, partnership, or association in which he has direct or
indirect interest; or (2) have any interest, direct or indirect, in
this Contract or the proceeds thereof.
XIX.
NEPOTISM
CONTRACTOR shall not employ in any paid capacity any person
who is a member of the immediate family of any person who is
currently employed by CONTRACTOR, or is a member of CONTRACTOR's
governing board. The term "member of immediate family" includes:
wife, husband, son, daughter, mother, father, brother, sister,
in-laws, aunt, uncle, nephew, niece, step-parent, step-child,
half-brother and half-sister.
XX.
FUNDING APPLICATIONS
CONTRACTOR agrees to notify CITY each time CONTRACTOR is
preparing or submitting any application for funding for the program
described in Exhibit B in accordance with the following procedures:
A. When the application is in the planning stages, CON-
TRACTOR shall submit to CITY a description of the funds being
applied for, and the proposed use of funds.
B. Upon award of or notice of award, whichever is sooner,
CONTRACTOR shall notify CITY of such award and the effect, if any,
of such funding on the funds and program(s) contracted hereunder.
Such notice shall be submitted to CITY, in writing, within ten
(10) working days of receipt of the notice of award or funding
award by CONTRACTOR, together with copies of the budget, program
description, and contract.
C. CONTRACTOR shall not use funds provided hereunder, either
directly or indirectly, as a contribution, or to prepare applica-
tions to obtain any federal or private funds under any federal or
private program without the prior written consent of CITY.
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XXI. -
CHANGES AND AMENDMENTS
A. Any alterations, additions, or deletions to the terms of
this Contract shall be
by written amendment executed by both parties, except when the
terms of this Contract expressly provide that another method shall
be used.
B. CONTRACTOR may not make transfers between or among ap-
proved line-items within budget categories set forth in Exhibit B
without prior written approval of CITY. CONTRACTOR shall request,
in writing, the budget revision in a form prescribed by CITY, and
such request for revision shall not increase the total monetary
obligation of CITY under this Contract. In addition, budget
revisions cannot significantly change the nature, intent, or scope
of the program funded under this Contract.
C. CONTRACTOR will submit revised budget and program in-
formation whenever the level of funding for CONTRACTOR or the
program(s) described herein is altered according to the total
levels contained in any portion of Exhibit B.
D. It is understood and agreed by the parties hereto that
changes in the State, Federal or local laws or regulations pursuant
hereto may occur during the term of this Contract. Any such modi-
fications are to be automatically incorporated into this Contract
without written amendment hereto, and shall become a part of the
Contract on the effective date specified by the law or regulation.
E. CITY may, from time to time during the term of the Con-
tract, request changes in Exhibit A which may include an increase
or decrease in the amount of CONTRACTOR's compensation. Such
changes shall be incorporated in a written amendment hereto, as
provided in Subsection A of this Section.
F. Any alterations, deletions, or additions to the Contract
Budget Detail incorporated in Exhibit B shall require the prior
written approval of CITY.
G. CONTRACTOR agrees to notify CITY of any proposed change
in physical location for work performed under this Contract at
least thirty (30) calendar days in advance of the change.
H. CONTRACTOR shall notify CITY of any changes in personnel
or governing board composition.
I. It is expressly understood that neither the performance
of Exhibit A for any program contracted hereunder nor the transfer
of funds between or among said programs will be permitted.
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XXII.
SUSPENSION OF FUNDING
Upon determination by CITY of CONTRACTOR'S failure to timely
and properly perform each of the requirements, time conditions and
duties provided herein, CITY, without limiting any rights it may
otherwise have, may, at its discretion, and upon ten (10) working
days written notice to CONTRACTOR, withhold further payments to
CONTRACTOR. Such notice may be given by mail to the Executive
Officer and the Board of Directors of CONTRACTOR. The notice shall
set forth the default or failure alleged, and the action required
for cure.
The period of such suspension shall be of such duration as is
appropriate to accomplish corrective action, but in no event shall
it exceed thirty (30) calendar days. At the end of the suspension
period, if CITY determines the default or deficiency has been sat-
isfied, CONTRACTOR may be restored to full compliance status and
paid all eligible funds withheld or impounded during the suspension
period. If, however, CITY determines that CONTRACTOR has not come
into compliance, the provisions of Section XXIII may be effectu-
ated.
XXIII.
TERMINATION
A. CITY may terminate this Contract with cause for any of
the following reasons:
(1) CONTRACTOR's failure to attain compliance during any
prescribed period of suspension as provided in Section XXII.
(2) CONTRACTOR's violation of covenants, agreements or
guarantees of this Contract.
(3) Termination or reduction of funding by the United
States Department of Housing and Urban Development.
(4) Finding by CITY that CONTRACTOR:
(a) is in such unsatisfactory financial condition
as to endanger performance sander this Contract;
(b) has allocated inventory to this Contract
substantially exceeding reasonable requirements;
(c) is delinquent in payment of taxes, or of costs
of performance of this Contract in the ordinary course of
business.
(5) Appointment of a trustee, receiver or liquidator for
all or substantial part of CONTRACTCR's property, or institu-
tion of bankruptcy, reorganization, rearrangement of or
liquidation proceedings by or against CONTRACTOR.
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(6) CONTRACTOR's inability to conform to changes
required by Federal, State and local laws or regulations as
provided in Section IV, and Section XXI (D), of this Contract.
(7) The commission of an act of bankruptcy.
(8) CONTRACTOR's violation of any law or regulation to
which CONTRACTOR is bound or shall be bound under the terms of
the Contract.
CITY shall promptly notify CONTRACTOR in writing of the
decision to terminate and the effective date of termination.
Simultaneous notice of pending termination maybe made to other
funding sources specified in Exhibit B.
B. CITY may terminate this Contract for convenience at any
time. If this Contract is terminated by CITY for convenience,
CONTRACTOR will be paid an amount not to exceed the total of
accrued expenditures as of the effective date of termination. In
no event will this compensation exceed an amount which bears the
same ratio to the total compensation as the services actually
performed bears to the total services of CONTRACTOR covered by the
Contract, less payments previously made.
C. CONTRACTOR may terminate this Contract in whole or in
part by written notice to CITY, if a termination of outside funding
occurs upon which CONTRACTOR depends for performance hereunder.
CONTRACTOR may opt, within the limitations of this Contract, to
seek an alternative funding Source, with the approval of CITY,
provided the termination by the outside funding source was not
occasioned by a breach of contract as defined herein or as defined
in a contract between CONTRACTOR and the funding source in
question.
CONTRACTOR may terminate this Contract upon the dissolution of
CONTRACTOR's organization not occasioned by a breach of this
Contract.
D. Upon receipt of notice to terminate, CONTRACTOR shall
cancel, withdraw, or otherwise terminate any outstanding orders or
subcontracts which relate to the performance of this Contract.
CITY shall not be liable to CONTRACTOR or CONTRACTOR's creditors
for any expenses, encumbrances or obligations whatsoever incurred
after the termination date.
E. Notwithstanding any exercise by CITY of its right of
suspension or termination, CONTRACTOR shall not be relieved of
liability to CITY for damages sustained by CITY by virtue of any
breach of the Contract by CONTRACTOR, and CITY may withhold any
reimbursement to CONTRACTOR until such time as the exact amount of
damages due to CITY from CONTRACTOR is agreed upon or otherwise
determined.
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XXIV.
NOTIFICATION OF ACTION BROUGHT
In the event that any claim, demand, suit or other action is
made or brought by any person(s), firm, corporation or other entity
against CONTRACTOR, CONTRACTOR shall give written notice thereof to
CITY within two (2) working days after being notified of such
claim, demand, suit or other action. Such notice shall state the
date and hour of notification of any such claim, demand, suit or
other action; the names and addresses of t}.e person(s), firm,
corporation or other entity making such claim, or that instituted
or
threatened to institute any type of action or proceeding; the basis
of such claim, action or proceeding; and the name of any person(s)
against whom such claim is being made or threatened. Such written
notice shall be delivered either personally or by mail.
XXV.
INDEMNIFICATION
A. It is expressly understood and agreed by both parties
hereto that CITY is contracting with CONTRACTOR as an independent
contractor and that as such, CONTRACTOR shall save and hold CITY,
its officers, agents and employees harmless from all liability of
any nature or kind, including costs and expenses for, or on account
of, any claims, audit exceptions, demands, suits or damages of any
character whatsoever resulting in whole or in part from the per-
formance or omission of any employee, agent or representative of
CONTRACTOR.
B. CONTRACTOR agrees to provide the defense for, and to
indemnify and hold harmless CITY its agents, employees, or con-
tractors from any and all claims, suits, causes of action, demands,
damages, losses, attorneys fee&, expenses, and liability arising
out of the use of these contracted funds and program administration
and implementation except to the extent caused by the willful act
or omission of CITY, its agents or employees.
XXVI.
CONFLICT OF INTEREST
A. CONTRACTOR covenants that neither it nor any member of
its governing body presently has any interest, direct or indirect,
which would conflict in any manner or degree with the performance
of services required to be performed under this Contract. CONTRAC-
TOR further covenants that in the performance of this Contract, no
person having such interest shall be employed or appointed as a
member of its governing body.
B. CONTRACTOR further covenants that no member of its
governing body or it staff, subcontractors or employees shall
possess any interest in or use his position for a purpose that is
or gives the appearance of being motivated by desire for private
PAGE 15
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gain for himself, or others
family, business, or other tiesticularly those with whic
I
C. No officer, member, or employee of CITY and no member of
its governing body who exercises any function or responsibilities
in the review or approval of the undertaking or carrying out of
this Contract shall (1) participate in any decision relating to the
Contract which affects his personal interest or the interest in any
corporation, partnership, or association in which he has direct or
indirect interest; or (2) have any interest, direct or indirect, in
this Contract or the proceeds thereof.
XXVII.
MISCELLANEOUS
A. CONTRACTOR shall not transfer, pledge or otherwise assign
this Contract or any interest therein, or any claim arising there-
under, to any party or parties, bank, trust company or other finan-
cial institution without the prior written approval of CITY.
S. If any provision of this Contract is held to be invalid,
illegal, or unenforceable, the remaining provisions shall remain in
full force and effect and continue to conform to the original
intent of ooth parties hereto.
C. In no event shall any payment to CONTRACTOR hereunder, or
any other act or failure of CITY to insist in any one or more
instances upon the terms and conditions of this Contract constitute
or be construed in any way to be a waiver by CITY of any breach of
covenant or default which may then or subsequently be committed by
CONTRACTOR. Neither shall such payment, act, or omission in any
manner impair or prejudice any right, power, privilege, or remedy
available to CITY to enforce its rights hereunder, which rights,
powers, privileges, or remedies are always specifically preserved.
No representative or agent of CITY may waive the effect of this
provision.
D. This Contract, together with referenced exhibits and
attachments, constitutes the entire agreement between the parties
hereto and may not be altered, modified or amended unless such
alteration, modification or amendment is in writing signed by both
parties.
E. In the event any disagreement or dispute should arise
between the parties hereto pertaining to the interpretation or
meaning of any part of this Contract or its governing rules, codes,
laws, ordinances or regulations, CITY as the party ultimately
responsible to HUD for matters of compliance, will have the final
authority to render or to secure an interpretation.
F. For purposes of this Contract, all official communica-
tions and notices among the parties shall be deemed made as of the
date mailed if sent postage paid to the parties and address set for
below:
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TO CITY: TO CONTRACTOR:
City Manager Cheryl Harding
City of Denton Fairhaven, Inc.
215 E. McKinney St. 2400 N. Bell Avenue
Denton, Texas 76201 Denton, Texas 76201
IN WITNESS OF WHICH this Contract has been executed on this
the day of 1955.
CITY OF DENTON
BY:
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: FAIRHAVEN, INC.
BY:
CHERYL HARDING
ATTEST:
BOARD SECRETARY
J:\W?DOCS\X\FAIkMVE.CON
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EXHIBIT "A"
WORK STATEMENT
Fairhaven, Incorporated, Retirement Center
Fairhaven, Inc. Retirement Center is a non-profit retirement facility for low and moderate
income elderly persons. The Center has nine units with rent subsidies from the US
Department of Housing and Urban Development (HUD). Two additional rental subsidies are
provided through the Fairhaven Foundation. City of Denton, HOME program funding will
provide rental subsidies for two units. The total number of subsidized units during the term
of this contract will be thirteen (13). Individuals in these units will pay no more than 30% of
their gross monthly income for housing. Contract rent for all units is reviewed and approved
by HUD. A minimum of 51% of all units will be rented to low and moderate income elderly
persons. Determination of low and moderate income tenants will be consistent with HUD's
HOME program regulation and the definition of low and moderate income therein.
Fairhaven has a total of nine part-time and five full-time staff members. Staff members
include an administrator, office staff, cook and maintenance workers. One staff member will
be trained regarding HUD guidelines and to become certified as an Occupancy Specialist.
This action has been recommended by HUD.
Various tenant services are provided by Fairhaven. A meals senice provides three dietitian
approved meals for a cost of approximately $230 per month. The organization's service
coordinator will coordinate community-based services for residents. Other activities for
residents are provided on a regular basis.
EDec LNO,
EXHIBIT "B"
BUDGET
Rental Subsidy Payments $ 11,580.00
Staff Training $ 700.00
Total S 12,280.00
T
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F
APO
CITY COUNCIL REPORT FORMAT
DATE: January 8, 1996
TO: Mayor and members of the city council
FROM: Rick Svehla, Acting City Manager
SUBJECT: Texas Water Development Board Grant - Pecan and Cooper Creek
RECOMMENDATION:
Approve contract for participation in grant to gain $48,990 in TWDB grant monies
on $97,980 total contract.
SUMMARY/BACKGROUND:
This grant will study Cooper Creek and Pecan Creek - Tributary 4 to determine
flood prevention programs that will allow.
New State of Texas Program 2 years old. This is our first request and we were
awarded the grant in conjunction with Freese & Nichols Consulting Engineers.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED:
Citizens in Pecan (PEC-4) and Cooper Creek Drainage areas, City staff in
Engineering and Transportation and Drainage in Utilities.
FISCAL IMPACT:
Up to $48,990 - money available in bond funds.
RES Y SUBM TTED:
Ric vActing City Manager
Prepared by:
Je yCarc
Di for of Engineering & Transportation
AEE00605
1
L
t'
E: \WPDOCS\CF.D\FUJI>. F'k0
Oar=
G
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO AN
AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND THE TEXAS WATER
DEVELOPMENT BOARD FOR FLOOD PROTECTION PLANNING; AND PROVIDING FOR
AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
enter into an agreement between the City of Denton, Texas and the
Texas Water Development Board for flood protection planning.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
7
4
Q9cnes rya.
Lei
William 8. Madden, Cbalrmaa Nod Fernindez, Via Chairman
Charles W. Itnness, Member Craig D. Pedersen Elaine M. Barr6n, M.D., Member
Lynwood Sanders, Member Exem. wAdmlmirrmror Charles L. Geren„ Vembrr
October 19, 1995
Mr. Jerry Clark 0CT 2 5
City of Denton
215 McKinney St.
Denton, Texas 76201
Re: Texas Water Development Board (Board) Consideration of Grant Applications for Flood
Protection Planning Submitted in Response to the Board's Request for Proposals
Published August 4, 1995 in the Texas Register, TRD #9509442
Dear Mr. Clark:
I am pleased to inform you that the Texas Water Development Board, at its October 19, 1995
meeting, approved negotiation and execution of a contract with the City in an amount not to
exceed $50,412.50 before January 18, 1996 with the following conditions:
a Coordination with Denton County and US Army Corps of Engineers (USACE)
■ Scope of work will not contain Phase III of Task I (Preliminary Design) of the
original application with the exception of Item D.
I have enclosed a copy of the Board's news release for your information. The Board's staff
looks forward to working with you on this project. If you have any questions concerning this
contract, please contatl Mr. Abu Sayeed, the Board's Contract Manager for this project, at
(512) 463-7987.
Sincerely,
ommy Knowl
Deputy Executive Administrator
for Planning
Enclosure
cc: Senator David Sibley
Senator Tom Heywood
Representative Mary D. James
Representative Jim Horn
Representative Burt R. Solomons
oarMkuiom
Exertiv/radrrx4ipin tie toaarw oaandrerponribledrwlopmrnrofmazerreroarmforotrbemeflaeftie ansau,rromomq,andrnearoamedofTrrar.
P. O. Box 13231 a 1700 N. Congress Avenue a Austin, Texas 78711.3231
Telephone(512)463-7847 • Telefax (512) 475.2053 • 1.800• RELAY TX (for the hearing•impaircd)
® Prinkd on Rrryded Pape
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'bane, nec~ i', ~
CITY of DENTON, TEXAS MUNICIPAL BULLrlNG 215 E. WKINNEY DEMON, TEXAS 76201
(817) 566-6200 @ DFW METRO 434.2529
MEMORANDUM
DATE: January 8, 1996
I
TO: Rick Svehla, Acting City Manager
FROM: Jerry Clark, Director of Engineering & Transportation
SUBJECT: Texas Water Development Board Grant Pecan-Tribuary 4 and
Cooper Creek
Those creeks will be studied by the City of Denton and Freese &
Nichols to determine the most effective flood damage prevention
improvements. Those improvements will be placed into the CIP for
consideration as they become available.
our participation is up to $48,990 with this money available in
bond funds. The project is scheduled to be completed in 1996.
Please call if you need further information.
Sincerely,
J y la
Directo of Engineering & Transportation
AEE0061B
"Dedicated to Quality Service"
a
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01/10/96 09:13 0512 463 9693 PDB PUNNING
Apcada f;~. 1 I
11'i ll i a m B. Madden, Chairmom Xod Fe rnindez. Vine Chairman
Charles N'. 1CnneU, slerrrdrr Craig D, Pedersen Elaine ki. Barr6n. M.D-Vemlrr
Lynwood Sanders. ,Vrmbrr E.trrutit r Administrator Charle s L. Cete n, .Ifember
Telecommunications Cover Page
Planning Division
Fax Number
(512) 463-9893
Date: ! - 9 - 96
To: A r. gtiYY`4 U a.,vt From: r t +c r
Penon to Contsct
Texas Water Development Board
compmr
Town swe
8 r 7 38 3 77ol ~ Q. 63 728-7
Tel Number Te eplrone Number
Comments:
f
!3
Total ]dumber of Pages Transmitting (including cover page):
For verification of telccommllnications transmission, please contact the operator at
(512) 463-8043.
Time: Operator:
Onr.llilfiom
FTeirw leadership in the mmiert anon a nd rripocihlr det dapmuN of vaCr /raoun rilot a4 2rmrlt of Ae rInYR1. ewomi, a nd rAa ro nowt of Trim;.
P. O. Box 13231 a 1700N, Congress.A,enuc • Ausfin,'re.tas 75711.3231
Tclcphone(`12)4b3-7&17 a Telefax(512)475-2053 a I-Bl10-RELAY T\Ifotthe hearing-impircdl
02~ Pnn»d nv Rrrobd Pmnrr
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1
01/10/96 0935 1IT512 463 9893 PDB FUNNING _ 0001
STATE O
QPIanning
F TEXAS TWOB Contra COUNTY OF TRAVIS Research and Flood Protection Planning
THIS CONTRACT, (hereinafter'CONTRACT"), between the Texas Water Development
Board (hereinafter 'BOARD") and the City of Denton (hereinafter 1CONTRACTOR(S)'), is
composed of two parts, Section I. Specific conditions and exceptions to the standard agreement
and Section Il. Standard Agreement. The terms and conditions set forth in Section I will take
precedence over terms and conditions In Section II.
SECTION I. SPECIFIC CONDITIONS AND EXCEPTIONS
TO STANDARD AGREEMENT
ARTICLE I. DEFINITIONS: For the purposes of this Contract, the following terms or phrases
shall have the meaning ascribed therewith:
A. BOARD - The Texas Water Development Board, or its designated representative
B. CONTRACTOR(S),- City of Denton
C. EXECUTIVE ADMINISTRATOR - The Executive Administrator of the Board or
his designated representative
D . PARTICIPANT(S) - None
E. REQUIRED INTERLOCAL AGREEMENT(S) - None
F. BOARD APPROVAL DATE - October 19, 1995
G. PLANNING AREA - The City of Denton which contains the Cooper Creek
watershed and the Pecan Creek Tributary PECA watershed
H. DEADLINE FOR CONTRACT EXECUTION - January 18,1996
1. CONTRACT INITIATION DATE - October 19, 1995
J. STUDY COMPLETION DATE - September 30, 1996
K. FINAL REPORT DEADLINE - November 30. 1996
L. TOTAL STUDY COSTS - $97,980
M. BOARD SHARE OF THE TOTAL STUDY COSTS - Not to exceed $48,990 or 50
percent of the total study costs of individual voucher submission
N. LOCAL SHARE OF THE TOTAL STUDY COSTS - $48,990 in cash and $0 In in-
kind services
0. VOUCHER SUBMISSION SCHEDL~
Eost4t* Fax Note 7671 oau o;~.+►
Ca Mvt C 1y4P
Ph"I °ha"O s2 4a3 98
Fu• g,7 3d'' 70 Fad
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01/10/98 09:38 e512 483 9893 TWD3 PLANNINC 002
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.
P. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDA
AGREEMENT OF THIS CONTRACT -
■ Coordination with Denton County and US Army Corps of Engineers
(USACE)
■ Scope of work will not contain Phase III of Task I (preliminary design) of
the original application with the exception of Item F
IN WITNESS WHEREOF, the parties have caused this Contract to be duly executed in multiple
originals.
THE TEXAS WATER DEVELOPMENT BOARD
Tommy Knowles
Deputy Executive Administrator
of Planning
Date:
THE CONTRACTOR(S)
Rick Svehla
City Manager
City of Denton
Date:
ARTICLE !I. CORRESPONDENCE
All correspondence between the parties shall be made to the following addresses:
For the BOARD: For the CONTRACTOR(S):
Mr. Craig D. Pedersen Mr. Jerry A. Clark
Executive Administrator Director of Engineering and Transportation
Texas Water Development Board 216 McKinney Street
P.O. Box 13231, Capitol Station Denton, TX 76201
Austin, Texas 78711-3231
Attention: Regional Planning
and Projects Section
2
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01/10/96 09:17 0512 463 9893 TOB PLAN"WNG 0004
[Aaenda No.
da Item
Q(~
SECTION It. STANDARD AGREEMENT
ARTICLE 1. RECITALS
Whereas, the CONTRACTOR(S) applied to the BOARD, Austin, Texas for a planning grant to
develop a flood protection plan;
Whereas, the CONTRACTOR(S) and PARTICIPANT(S) will commit cash and/or in-kind services
to pay for the local share of this planning project;
Whereas, the CONTRACTCR(S) is the entity who will act as administrator of the BOARD's
planning grant and will be responsible for the execution of this contract;
Whereas, on the BOARD APPROVAL DATE, the EjOARO approved the CONTRACTOR(S)'s
application for financial assistance;
Now, therefore, the BOARD and the CONTRACTOR(S), agree as follows:
ARTICLE H. PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED
1. Services and activities provided under this Contract shall be in strict accordakne with
requirements of the Texas Water Code, Chapter 45; associated rules of the Texas
Administrative Code, Chapter 355, Sections 355.1 1, Subchapter A; Exhibit A, the
original grant application, which is incorporated herein and made a permanent part of this
Contract; and this Contract.
2. The CONTRACTOR(S) will prepare a flood protection plan for the PLANNING AREA, as
delinea'.ad and described in Exhibit A, according to the Scope of Work contained in
Exhibit 13.
3. The CONTRACTOR(S) will establish formal, direct, and continuous liaisons with all
cities, counties, councils of govemments, river authorities, and all applicable state
agencies, districts, federal agencies, including the appropriate project directors of the
U.S. Army Corps of Engineers, and other governmental entities having flood proleciion
responsibility within the PLANNING AREA, and community leaders In the PLANNING
AREA for the purpose of coordinating the scope of work and flood protection plan with all
existing studies, plans, or activities for the purpose of providing Information and obtaining
available data for the development of the flood protection plan. The planning will be
coordinated with the Federal Emergency Management Agency (FEMA) Flood Insurance
Program and all relevant flooding and drainage protection studies and activities, whlch
will also be reviewed as information for the development of this flood,.sviection plan. It
will also be the responsibility of the CONTRACTOR to solicit comments from the general
public as to the content of this flood protection planning project.
4. Th e CONTRACTOR(S) will coordinate the flood protection plan with the existing plans
and policies of the entities listed above, the Texas N31ura1 Resource Conservation
Commission (TNRCC), and any other affected entitles.
5. The CONTRACTOR(S) will hold coordination meetings with the PARTICIPANTS,
consultants, local entices, the TNRCC, the BOARD, and any interested parties at the
commencement of the project, at 50% cornptecon, and following the STUDY
COMPLETION DATE but before the FINAL REPORT DEADI..INE, and when deemed
3
01/10/96 09:17 $512 463 9693 TDB PL4\SI\C
005
'9tn: i Lo _
r
"pant's Ifc ,
necessary by either the BOARD or the CONTRACTOR(S) to discuss th Dot,
flood protection plan. The CONTRACTOR(S) will solicit input and comments from the
affected public on the draft final report and consider such input and comments for
Incorporation in the final report.
ARTICLE III. SCHEDULE, REPORTS, AND OTHER PRODUCTS
1. The CONTRACTOR(S) has unfit the DEADLINE FOR CONTRACT EXECUTION to
execute this Contract and to provide acceptable evidence of REQUIRED iNTERLOCAL
AGREEMENTS and the CONTRACTOR(S) ab;lity to provide the LOCAL SHARE OF THE
TOTAL STUDY COS) S to the EXECUTIVE ADMINISTRATOR or approval of the
BOARD'S SHARE OF THE TOTAL STUDY COSTS will be rescinded.
2. The term of this Contract shall begin and the CONTRACTOR(S) shall begin performing its
obligations hereunder on the BOARD APPROVAL DATE and shall expire on the FINAL
REPORT DEADLINE. Delivery of an acceptable final report prior to the FINAL REPORT
DEADLINE shall constitute completion of the terms of this Contract.
3. The CONTRACTOR(S) will complete the Scope of Work and will deriver seven (T)
double-sided copies of a draft fnal report to the EXECUTIVE ADMINISTRATOR no later
than the STUDY COMPLETION DATE, The draft final report will Include the methodology
and findings of the study, Including alternatives considered, cost estimates,
recommended alternatives, an implementation plan and schedule, recommended entities
to implement the recommended alternatives, appropriate financing mechanisms, and
other pertinent information. After a 30-day review period, review comments will be
returned by the EXECUTIVE ADMINISTRATOR to the CONTRACTOR(S).
4. The CONTRACTOR(S) will consider incorporating comments from the EXECUTIVE
ADMINISTRATOR and other commentors on the draft final report into a final report. The
CONTRACTOR(S) will include a copy of the EXECUTIVE ADMINISTRATOR's comments
in the final report. The CONTRACTOR(S) will submit one (1) unbound camera ready
original and nine (9) bound double-sided copies of the final report to the EXECUTIVE
ADMINISTRATOR no later than the FINAL REPORT DEADLINE. The CONTRACTOR(S)
will submit one (1) electronic copy of any computer programs or models and an
operations manual developed under the terms of this Contract.
5. The CONTRACTOR(S) will submit progress reports with submittal of vouchers according
to the VOUCHER SUBMISSION SCHEDULE. Progress reports shall be In written form
and shall Include a brief statement of the overall progress made since the last status
report; a brief description of any problems that have been encountered during the
previous reporting period that will affect the study, delay the timely completion of any
portion of this Contract, inhibit the completion of or cause a change in any of the study s
products or objectives; and a description of any action the CONTRACTOR(S) plans to
take to correct any problems that have been encountered.
6. The COMPLETION DATE and the FINAL REPORT DEADLINE can be extended upon
written approval by the EXECUTIVE ADMINISTRATOR. The CONTRACTOR(S) should
notify the EXECUTIVE ADMINISTRATOR in writing within ten (10) working days prior to
the COMPLETION DATE or thirty (30) days prior to the FINAL REPORT DEADLINE that
the CONTRACTOR(S) is requesting an extension to the respective dates,
4
01/10/96 09:18 0312 463 9693
TwDB P[ASS r,NC ~,QIIB
%•0'~da ifen'
ARTICLE iV. COMPENSATION AND REIMBURSEMENT Oeta l
w
1. The BOARD agrees to compensate and reimburse the CONTRACTOR(S) in a total
amount not to exceed the BOARD'S SHARE OF THE TOTAL STUDY COSTS for costs
incurred and paid by the CONTRACTOR(S) pursuant to performance of this Contract
The CONTRACTOR(S) will contribute local matching funds in sources and amounts
defined as the LOCAL SHARE OF THE TOTAL STUDY COSTS. The BOARD shall
reimburse the CONTRACTOR(S) for ninety percent (90%) of the 8OARD's share of each
Invoice pending the CONTRACTOR(S)'s performance, completion of a Final Report, and
written acceptance of said Final Report by the EXECUTIVE ADMINISTRATOR, at which
time the BOARD shall pay the retained ten percent (10%) to the CONTRACTOR(S).
2. The CONTRACTOR(S) shalt submit vouchers and documenlation for reimbursement
billing according to the VOUCHER SUBMISSION SCHEDULE and In accordance with the
approved task and expense budgets contained in Exhibit C to this Contract At the
discretion of the EXECUTIVE ADMINISTRATOR and upon written memorandum to the
contract file, the CONTRACTOR(S) has budget flexibility within task and expense budget
categories to the extent that the resulting change in amount In ".Oft category does not
exceed ten percent (10%) of tho total amount authorized by this Contract. Larger
deviations shall require a formal contract amendment For all reimbursement
including any subcontractor's expenses, the EXECUTIVE ADMINISRATmuuat~e
provided written approval of REQUIRED INTERLOCAL AGREEMENT(S) and contracts or
agreements between the CONTRACTOR(S) and the subeontrador. The
CONTRACTOR(S) is fully responsible for paying all charges by subcontractors prior to
reimbursement by the BOARD.
3. The CONTRACTOR(S) and its subcontractors shall maintain satisfactory financial
accounting documents and records, including copies of invokes and receipts, and shall
make them available for examination and audit by the EXECUTIVE ADMINISTRATOR.
Accounting by the CONTRACTOR(S) and its subcontractors shall be in a manner
consistent with generally accepted accounting principles.
4. A progress report and the following documentation which documents the TOTAL STUDY
COSTS for reimbursement by the BOARD to the CONTRACTOR(S) for the BOARD'S
SHARE OF THE TOTAL STUDY COSTS shall be submitted by the CONTRACTOR(S) to
the EXECUTIVE ADMINISTRATOR for reimbursement billing:
A. Summary of total expenses incurred Including the following information:
(1) Contractor's Vendor Identification Number,
(2) TWDB Contract Number;
(3) Total expenses for the billing period; beginning (date) to ending (date);
(4) Total In-kind services;
(5) Total Services for this period;
(6) Less Local Share of the total study costs for the balling period;
(7) Total BOARD 's share of the total study costs for the billing period;
(6) Amount of retainage to be withheld for the billing period;
(180) Total costs to be
signed by the CONTRACTOR(S) authorized representative, that
the expenses submitted for the billing period are a true and coned representation
of amounts paid for work performed directly related to this contract
B. Total payment due for a billing period shall be separated by State Fiscal Year (e,g.,
through August 31, 1995 for State Fiscal Year 1995 and beginning September 1, 1995 for
5
01/10/96 09:19 0312 463 9893
TNDII P1.;\NIXG
9 007
State Fiscal Year 1996). Supporting information shall also be sepa
4e
Year. If a voucher is submitted that requests payment on services oro
than one Fiscal Year, a breakdown per Fiscal Year shall be Included;
C. For direct expenses incurred by the CONTRACTOR(S) for outside consulting services
copies of invoices to the CONTRACTOR(S) sung the tasks that were performed; the
percent and cost of each task completed; a total cost figure for each direct expense stage and categoory er including labor, expendable supplies, printing and commounication
and
a d thee~ ~~1
dollar amount due to the consultant; and
D. For travel and subsistence expenses, Including such expenses for subcontractors
(1) names, dates, work locations, time periods at work locations, itemization of
subsistence expenses of each employee, limited, however, to travel expenses authorized
for state employees by the General Appropriations Act, Tex. Law Regular Session, 1995,
Art. IX, Sec. 12 through 18, at IX43 or as amended or superseded; other (not a ailable, names, daest and poirt s of itrave of indivi~dua s; at for transportation or,
it imbursab
nses expenlse with erece pts tot evideence the am ~ lnaa~d vouchers showing reason for
ARTICLE V. OWNERSHIP, PUBLICATION, AND SUBCONTRACTING
1. The BOARD shall have unlimited rights to technical or other data resulting directly from
the performance of services under this Contract. It Is agreed that all reports, drafts of
reports, or other material, data, drawings, computer programs and codes associated with
this Contract and developed by the CONTRACTOR(S) or its subcontractors pursuant to
this Contract shall become the joint property of the CONTRACTOR(S) and the BOARD.
These materials shall not be copyrighted or patented by the CONTRACTOR(S) or by any
consultants involved In this Contract unless the EXECUTIVE ADMINISTRATOR approves
In writing the right to establish copyright or patent; provided however, that
patenting by the CONTRACTOR(S) or its subcontractors will In no way limit tthpe BOARDs
access to or right to request and receive or distribute data and Information obtained or
developed pursuant to this Contract. Any material subject to a BOARD copyright and
produced by the CONTRACTOR(S) or BOARD pursuant to this Contract may be printed
by the CONTRACTOR(S) or the BOARD at their own cost and distributed by either at
their discretion. The CONTRACTOR(S) may otherwise utilize such material provided
under this Contract as it deems necessary and appropriate, Including the right to publish
and distribute the materials or any parts thereof under its own name, provided that any
BOARD copyright Is appropriately noted on the printed materials.
2. The CONTRACTOR(S) agrees to acknowledge the BOARD In any news releases or other
publications relating to the work performed under this Contract.
3. No work herein called for by the CONTRACTOR(S) shall be reimbursed for expenses by
the BOARD to the CONTRACTOR(S) without prior written approval by the EXECUTIVE
ADMINISTRATOR of the contract or agreement between the CONTRACTOR(S) and its
subcontractor. Each subcontract or agreement shall Include a detailed budget estimate
with specific cost details for each task or specific item of worts to be performed by the
subcontractor and for each category of reimbursable expenses. The subcontracts shall
6
01/10/96 09:20 0512 463 9893 TWDB PLkNNING la 008
4pend.2 flo.
Agenda item
conform to the terms of the Contract and include provisions which a
compliance with BOARD rules. The CONTRACTOR(S) must also adhere to a ,
requirements in state law pertaining to the procuremeni of professional services.
ARTICLE VI. AMENDMENT, TERMINATION, AND STOP ORDERS
1. This Contract may be altered or amended by mutual written consent of terminated by the
EXECUTIVE ADMINISTRATOR at any time by written notice to the CONTRACTOR(S).
Upon receipt of such termination notice, the CONTRACTOR(S) shall, unless the notice
directs otherwise, immediately discontinue all work in connection with the performance of
h this Contract and shall proceed to cancel promptly all existing orders insofar as such
E orders fire chargeable to this Contract. The CONTRACTOR(S) shall submit a statement
showing in detail the work performed under this Contract to the date of termination. The
BOARD shall than pay the CONTRACTOR(S) promptly that proportion of the prescribed
fee which applies to the work actuely performed under this Contract, less 211 payments
that have been previously made. Thereupon, copies of all work accomplished under this
Contract shall be delivered to the BOARD.
2. The EXECUTIVE ADMINISTRATOR may fssue a Stop Work Order to the
CONTRACTOR(S) at any time. Upon receipt of such order, the CONTRACTOR(S) shall
discontinue all work under this Contract and cancel all orders pursuant to this Contract,
unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue
a Restart Order within 60 days after receipt by the CONTRACTOR(S) of the Stop Work
Order, the CONTRACTOR(S) shall regard this Contract terminated in accordance with
the foregoing provisions.
ARTICLE Vii. NO DEBT AGAINST THE STATE
1. This Contract and Agreement shall not be construed as creating any debt by or on behalf
of the State of Texas and the BOARD, and all obligations of the State of Texas are
subje,i to the availability of funds. To the extent the performance of this Contract
transcends the biennium in which this Contract Is entered Into, this Contract Is specifically
contingent upon the continued authority of the BOARD and appropriations therefore.
ARTICLE VIII. LICENSES, PERMIT, AND INSURANCE
1. For the purpose of this Contract, the CONTRACTOR(S) will be considefed an
independent contractor and therefore solely responsible for liability resulting from
negligent acts or omissions. The CONTRACTOR(S) shall obtain all necessary insurance,
in the judgement of the CONTRACTOR(S), to protect themselves, the BOARD, and
employees and officials of the BOARD from liability arising out of this Contract. The
CONTRACTOR(S) shall Indemnify and hold the BOARD and the State of Texas
harmless, to the extent the CONTRACTOR(S) may do so in accordance with state law,
from any and all loses, damages, liability, or claims therefore, on account of personal
Injury, death, or property damage of any nature whatsoever caused by the
CONTRACTOR(S), arising out of the activities under this Contract,
2. The CONTRACTOR(S) shall be solely and entirely responsible for procuring all
appropriate licenses and permits which may be required by any competent authority for
the CONTRACTOR(S) to perform the subject work
7
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01/10/96 09:21 0512 463 9893 TNDB PLLNNISG 9 009
ni3lto. 1
[Agenda
ARTI
CLE IX. SEVERANCE PROVISION 1. Should any one or more provisions of this Contract be held to be null, void, voidable, or
for any reason whatsoever, of no force and effect, such provision(s) shall be construed as
severable from the remainder of this Contract and shag not affect the validity of all other
provisions of this Contract which shall remain of full force and effect.
8
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01110196 09:21 0512 463 9895
THD6 P1AN1'[\'G I7~
9hlaiQ
aEXHIBIT A
ORIGINAL GRANT APPLICATION
9
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T
F
01/10/90 09:22 0512 363 9893 7"%DB PLANNING
EAgolnW3 da No.
Item
EXHIBIT B SCOPE OF WORK (Page &1 to"of Original GrantApplicatlon)
10
01/10/96 09:22 V312 463 9893 PD3 PUNNING
4pmd! Ne. ~
Agenda It rt
EXHIBIT C Date
TASK BUDGET
Cooper Creek R Iona! Detention Stu
TASK DESCRIPTION AMOUNT
I Reoxvweams and chin ea oc6w $3.102,00
2 Ca"pWel EvdLMm
$20.070.00
3 Prepare W m gbn ror CLOMR Regk" st ~6 00
4 00w Evpermm
Total 904.00
Pecan Creek Flow Diversion hftation Study
TASK DESCRIPTION AMOUNT
1 Romwo saenee and data awocWm $3242.00
2 Pr*min ry D"V to,4e7,0o
3 00w Evyeraw
ste,m.oo
Total ,078,00
EXPENSE BUDGET
CATEGORY TOTAL Freese and N'ich* Inc. Survey Gadechnical
AMOUNT SutxonwRard Subcomdwd
A Salaries d VVegW 515,189 $8,504 :6,729
8. Fringe $7,361 $1,486 $1,316
IC Travel $is$ $300 $250
D. Expendable Supples s0 $150 $150
E. Subcontr9d $100,825 $37,363 s0 s0
Services
F. Tech./Comp, Svcs $3,823 $2,500 $3,000
0. Communications $174 $100 $100
H. Reproduction $343 s0 s0
I. Overhead' $17,345 $3,508 $3,105
J Prof4 $16,164 $3,270 $2,895
TOTAL $97,980.00 $19,818.00 $17,545.00
11
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01110196 08:23 e512 483 9893 TSDB PL~\N1\'G fm013
' Salaries and v,Og s is defined as the cost of salaries of engineers, draftsm , s~eno~t4 f
surveymen, c'arks, laborers, etc., for time directly chargeable to this contrail R1^rd~ 'a
on:
' Frinoe is Wned as the coat of social security contribulkme, unemployment, i
amploymem compensation Insurance, retirement benefits, medroal and Insurance bene%, sick leave,
vacation, arK holiday pay appficabie thereto.
' erhead is defined as the costs incurred In maintalning a place cf business and performing professional
services simllar to those specified In this contract These costs shell Include the follow":
e Indirect salaries, including that portion of the salary of principals and executives that Is
allocable to geneml supervision;
• Indirect salary fringe beneftts;
a Accounfiog and legal services related to normal management and business operations;
• Travel costs Incurred in the normal course of overall administration of the business;
• Equipment rental;
• Depreciation of furniture, Endures, equipment, and vehicles;
e Dues, subscriptions, and fees associated with We, business, technical, and professional
organizations;
• Other insurance;
e Rent and utilities; and
e Repairs and maintenance of furniture, Mures, and equipment
42
j
+ww ra... to ` G~3
M
a. -
SrITY COUNCIL REPORT FORMAT
DATE: January 4, 1996
TOt Mayor and Members of the City Council
FROM( Rick Svehla, Acting City Manager
SUBJECT= Agreement to Contribute Funds - U.S. 380, IH.35 to U.S. 77
RECOMMENDATION:
Approve ordinance authorizing mayor to execute an agreement to contribute funds;
authorizing the expenditure of funds equal to ten percent of the coat of the
right-of-way (approximately $225,000.00) and declaring an effective date for the
U.S. 380 right-of-way.
SUMMARYIACRG Og UNOr
The Texas Department of Transportation (T%DOT) is developing plans to widen and
improve V.S. 380, from I.H.35 to U.S. Highway 77 (Elm Street). The highway will
be expanded to a six lane facility with left turn lanes. This is the standard
agreement the TxDOT requires for local participation on TxDOT projects in the
city limits. This is the third section of U.S. 380 that the city has entered
into an agreement. The section from U.S. 77 Elm to Loop 288 was approved July
1994 for $180,000.00 and the section from Loop 288 to City Limits (Rockhill
Road) was approved March 1994, for $74,500.00.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Bond funds (1983) will be utilized for this disbursement. The Utility Department
may have some utilities to be relocated (plans will be developed and determined
in the near future. Citizens and businesses will be affected during the
construction period.
FISCAL IMPACT:
Ten percent (101) of estimated right-of-way coat and any utility relocation
needed.
RESPE Y SUBMITTED:
c Wvea
Acting City Manager
Prepared by:
r Ilk
r neon
Supervisor of Engineering Techs
Right-of-Way
Approved(
Me
r ar
D r for o Engineering & Transportation
AEE00605
EOwlApindd I:Od1 Jttm
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT WITH THE
TEXAS STATE DEPARTMENT OF HIGHWAYS AND PUBLIC TRANSPORTATION FOR
CONTRIBUTION OF FUNDS FOR THE ACQUISITION OF RIGHT OF WAY FOR A
HIGHWAY PROJECT ON US HIGHWAY 380 BETWEEN INTERSTATE HIGHWAY 35 AND
US HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS EQUAL TO TEN
PERCENT OF THE COST OF THE RIGHT OF WAY; AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor is hereby authorized to execute an
agreement with the Texas State Department of Highways and Public
Transportation for the State to assume responsibility for the
acquisition of all necessary right of way for the highway project
on US Highway 380 from Interstate Highway 35 to US Highway 77.
SECTION II. That the City Council hereby authorizes the
expenditure of funds equal to ten percent of the cost of the right
of way as specified in the agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: lle,~7ctllt( . . ,c e i
a
-t
Agenda No.,
Texas Department of Transportation Agenda Itul- -
Form D-15-129 Rev. 9191 Date_
Agreement to Contribute Funds
(City Form)
THE STATE OF TEXAS } Contract No.
COUNTY OF TRAVIS } County Denton
} Federal Project No.
CSJ No. ni 34-09-11-44
ROW Account No. _t1A-n7-
This Agreement by and between the State of Texas, acting by and through the Texas Department of
Transportation, hereinafter called the State, and the C ty of nnntnn
Texas, acting by and through its duly authorized official under Ordinance dated the
day of 19_ , hereinafter called the City, shall be effective
on the date of approval and execution by and on behalf of the State.
WHEREAS, the State has previously requested the City to enter into a contractual agreement
and acquire right of way for a highway project on Highway No. us 3AO with the
following project limits:
From•_TH 31
To: _ tis 77 ; and
WU F r.EAS, the City has now requested that the State assume responsibility for acquisition of
all necessary right of way for said highway project; and
WHEREAS, the City desires to voluntarily contribute to the State funds equal to ten (10) per-
cent of the cost of the said right of way for the proper development and construction of the State
Highway System;
NOW, THEREFORE, in consideration of the foregoing premises and the mutual benefits to be
derived therefrom, the City shall contribute to the State an amount equal to ten (10) percetit of the
cost of the right of way to be acquired by the State and shall transmit to the State with the return
of this agreement, duly executed by the City, a warrant or check payable to the Texas Department I
of Transportation in the amount of Tuo HuMred-,~amty Five Ihou-md ar d No/Rxdreths Dollars
225,000.00------1, which represents ten (10) percent of the estimated cost of the right of way.
However, if it is found that this amount is insufficient to pay the City's obligation, theft the City,
upon request of the State, will forthwith supplement this amount in such argount as is requested
by the State. Upon completion of the highway project and in the event the total amount as paid by
the City is more than ten (10) percent of the actual cost of the right of way, any excess amount
will be returned to the City by the Stale. Cost of the right of way acquired by the State shall
mean the total value of compensation paid to owners, including but not limited to utility owners,
for their property interests either through negotiations or eminent domain proceedings.
CITY OF , TEXAS EXECUTION RECOMMENDED:
By:
Mayor District Engineer
THE STATE OF TEXAS
ATTEST: Certified as being executed for the purpose and effect of
activating and/or carsying out the orders, established
policies or work pro$,ams heretofore approved and
authorized by the Texas Transportation Commission
under the authority of Minute Order _
By:
Director of Right of Way
Date:
AC CLV C031 r
Texas Department of Transportation
P. O. BOX 3067. DALLAS, TEXAS 75221-3067. (214) 320.6100
November 27, 1995
{ Denton County
CSJ 0134-09-034
' US 380. From III35
To US 77
I Mr. Lloyd V. Harrell
City Manager
I~ City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Harrell:
We are pleased to inform you of the Texas Transportation Commission approval for the further
I development of the subject project. We will soon be ready to proceed with right of way acquisition.
Having discussed this project with Mr. Claude Elsom, P.E., Denton area Engineer for TxDOT, it is our
understanding that the City of Denton has indicated a desire to have the Texas Department of
Transportation acquire all necessary right of way for the project. If this is the City's plan, the Texas
Department of Transportation, under our alternate procedure, will handle the acquisition of all right of way
provided the City of Denton will advance to the Department a sum equaling 10% of the estimated cost prior
to the initiation of right of way acquisition. Based upon the requirements for right of way shown on the
attached maps, we estimate the total cost of right of way and eligible utility adjustments will be
$2,250,000.00. Work will begin on this project as soon as the City of Denton executes the enclosed
Agreement to Contribute Fund (City Form), sends us a check in the amount of $225,000.00 to cover the
City's 10%, and final approval is received from our administration in Austin.
It is requested that three (3) copies of the Agreement, each with original signatures along with a Grant of
Signature Authority for the person signing, and the City's check for the above cited amount payable to
,Texas Department of Transportation" be returned to this office for processing. You are reminded that in
the event the right of way costs should exceed $2,250,000.00, we will require the City of Denton to pay
10% of any additional amount. Likewise, in the event these costs should be less than the estimated amount
the Texas Department of Transportation will refund 10% of the difference to the City.
Please contact Harlan Moore of our Right of Way Section at (2I4)320-6267 if there are questions
pertaining to this matter.
Sincerely,
/tea jay
F,
soric
ist Engineer
Enclosure
An Equal Opportunrry Employer
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AV* k -a
CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E MCKINNEY DENTON, TEXAS 76201
(817J 566-8200 @ DfW METRO 434.2529
MEMORANDUM
DATE: January 10, 1996
TO: Rick Svehla, Acting City Manager n~
FROM: Jon Fortune, Chief Finance Officer
SUBJECT: RESOLUTION TO Ab. HORIZE THE SOLICITATION OF SEALED BIDS FOR
THE SALE OF PROPERTY BID IN TRUST TO THE CITY OF DENTON
The City's delinquent tax collection attorney has filed a motion in District Court to
collect delinquent taxes on property located at 500 Rose Avenue. Judgment was
granted, and the Denton County Sheriff attempted to sell the property on November
7, 1995 for the amount of delinquent taxes, accrued penalty or interest, and legal
fees. The property did not receive a sufficient bid and was struck off to the City of
Denton. There are three different taxing units due a total of $3,257.12 in delinquent
taxes from this property, and Denton's portion totals $1,071.68.
The attached resolution authorizes the City to solicit from the public sealed bids on
the above property, and grants the Council's consent to the sale of the above property
to the highest bidder even if the bid tendered is less than the market value of the
property specified in the judgment to recover delinquent taxes.
If you have any questions, please advise. Thank you.
JF:sf
Attachment
AFF01085
"Dedicated to Quality Sen-ice"
l
MCCREARY, VESELKA, BRAGG & ALLEN, P.C.
~genCal:o.
ATTORNEYS AT LAW
AUSTIN, HXAS27 OWO Agaedi Itm,
Dm-L
I
November 30, 1995 1~1
f DEC
J +
Mr. Jon Fortune, Chief Finance Officer
City of Denton
215 East McKinney Street
Denton, Texas 76201
Re: Cause No. 94-0439-3620 City of Denton et al vs. Goldie Green AKA Goldie Bryant AKA Golda
Faye Bryant, 362 District Court, Denton County, Texas
Dear Mr. Fortune:
Please place the enclosed Resolution on the Council's agenda at your earliest oppoty.
believe that the Resolution is self explanatory. If you have any questions, please call me. I yuu feell
that it is necessary for me to be present at the meeting when this item is discussed, please call me and
we will set up a time.
Please send me a copy of the Resolution after it has been signed, and I will continue the steps
necessary to dispose of this property. I have enclosed a self addressed stamped envelope for your
convenience.
Sincerely yo rs,
/ijb/errtx~T Bragg
GTB:slb
Enclosures
i
cc: Mr. Harlan Jefferson, Director of Fiscal Operations, City of Denton, 215 East McKinney Street,
Denton, Texas 76201
{u{nY ;s1171,r
sell {ak.nw - f {]1 f 1~y.,,. OGU 7E~TON _ _ I Ohl t.
M. 700 _ L0 Fae irlw 11 t OnMQIO
{utlY, fY ftlil {701r°~ h , _ YiC10R: WYCO
I{t 7r{1 WOp ~~a'ylI{/µ07 O.ntm, i; 17 t01 ~ Ia0 IM, fr Ma 7Nr_ _ IN N. t!. f1,
ra;l. t711{Ltµ7 IlIU f77.71>Q 17111 L7.7{y 1.r1 e. r; 1µ,r '.n llrgd.. YIN3 7W W CTX 77 on V;., µ
f~;17t{IN{ 7t11 r.IfI 6nQ03
Al U7♦ I{071f{I il{l I{HI761417r amal n + 1J Jiw 1{C7 Ma1im4
ra;71aloul, n;I,a7l nil». fAX01SIRkt r.7311w,o~.a
f71
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A:\ROSE.RES
apcnCa It 1
Dula 1
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE MAYOR TO
SOLICIT FROM THE PUBLIC, SEALED BIDS ON A CERTAIN TRACT OR PARCEL
OF PROPERTY LOCATED ON OR ABOUT THE 500 BLOCK OF ROSE STREET AND TO
CONSENT TO THE SALE OF SAID PROPERTY THE HIGHEST BIDDER EVEN IF THE
BID TENDERED IS LESS THAN THE MARKET VALUE OF THE PROPERTY
SPECIFIED IN THE JUDGMENT OF FORECLOSURE OR THE TOTAL AMOUNT OF THE
JUDGMENT AGAINST THE PROPERTY, AND TO EXECUTE ANY QUITCLAIM DEEDS
NECESSARY TO CONVEY THE PROPERTY UPON SALE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Cause No. 94-0439-362, City of Denton et al vs Goldie
Green aka Goldie Bryant aka Golda Faye Bryant, was filed in the
362nd District Court of Denton County, Texas to collect delinquent
taxes on the property described in Exhibit "A" attached hereto and
incorporated herein as if set forth at length.
WHEREAS, the District Court of Denton, Texas granted Judgment
on September 28, 1995, in favor of the taxing jurisdictions of
Denton County as follows:
County of Denton $ 405.52
City of Denton $10071.68
Denton Independent School District
and Denton County Education District $1,779.92
Total Due $3,257.12
Market Value $6,348.00
WHEREAS, the property has been offered for sale on November 7,
1995, by the Sheriff of Denton County at public auction pursuant to
judgment of the District Court of Denton County, Texas, for
for closure of the tax liens securing payment of delinquent
property taxes and accrued penalty and interest; and
WHEREAS, said property did not receive a sufficient bid as set
by law and has been struck off to the City of Denton, Trustee, in
trust fos itself, the County of Denton, Denton Independent School
District and Denton County Education District pursuant to Section
34.01 (c) of the Property Tax Code; and
WHEREAS, the taxing units involved desire to resell said
property in an expeditious manner pursuant to Section 34.05 of the
Property Tax Code; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Council does hereby authorize the
Trustee to solicit from the public sealed bids on the said property
and does hereby consent to the sale of said property to the highest
x
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Oats
bidder even if the bid tendered is less than the market value of
the property specified in the judgment of foreclosure or the total
amount of the judgment against the property.
SECTION II. That the Mayor is hereby authorized to execute any
quitclaim deeds necessary to convey the property upon sale.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of ,
1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
1 BY:
l n~ c Y
EA01nda
EXHIBIT "A"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN THE
B. B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 185, DENTON COUNTY, TEXAS
AND BEING PART OF A CERTAIN TRACT DESCRIBED IN A DEED FROM J.N. HOWELL
AND WIFE, MAY HOWELL TO W.P. GREEN AND LIZZIE GREEN, ON THE 26TH DAY OF
SEPTEMBER, 1938, RECORDED IN VOLUME 319, Page 100, DEED RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN SET AT THE EASTERNMOST NORTHEAST CORNER OF LOT
4, BLOCK ONE, OF THE ULAND ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET F, PAGE 250, PLAT RECORDS OF SAID COUNTY, SAID POINT BEING IN THE
SOUTH LINE OF SAID GREEN TRACT;
THENCE NORTH 89 DEGREES 07 MINUTES 46 SECONDS WEST, ALONG AND NEAR A
FENCE AND SAID LOT 4, A DISTANCE OF 13,13 FEET TO AN IRON PIN FOUND IN A
FENCE CORNER POST AT THE SOUTHEAST CORNER OF A CERTAIN TRACT DESCRIBED
IN A DEED TO JAMES D. SWANSON, RECORDED IN VOLUME 1870, PAGE 729, REAL
PROPERTY RECORDS OF SAID COUNTY;
THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS EAST, ALONG AND NEAR A
FENCE PART WAY, PASSING AT 74.77 FEET AN IRON PIN FOUND AT THE NORTHEAST
CORNER OF SAID SWANSON TRACT AND CONTINUING A TOTAL DISTANCE OF 120,15
FEET TO AN IRON PIN SET FOR CORNER, SAME BEING IN THE NORTH LINE OF SAID
GREEN TRACT;
THENCE SOUTH 88 DEGREES 52 MINUTES 54 SECONDS EAST, WITH THE NORTH LINE OF
SAID GREEN TRACT, PASSING AT 76.43 FEET AN IRON PIN FOUND AT THE SOUTHWEST
CORNER OF LOT 1, BLOCK 1 OF COLLEGE BEAUTY ADDITION, AN ADDITION TO THE
CITY OF DENTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 198, PAGE 365,
DEED RECORDS OF SAID COUNTY, AND CONTINUING IN ALL A TOTAL DISTANCE OF
79.93 FEET TO AN IRON PIN SET AT THE NORTHWEST CORNER OF A CERTAIN TRACT
DESCRIBED IN A DEED TO MILLARD F. THORP, RECORDED IN VOLUME 845, PAGE 531,
DEED RECORDS OF SAID COUNTY;
THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST, WITH A FENCE PART
WAY AND THE WEST LINE OF SAID THORP TRACT, A DISTANCE OF 120.08 FEET TO AN
IRON PIN SET AT THE SOUTHWEST CORNER OF SAID THORP TRACT, SAID POINT BEING
IN THE SOUTH LINE OF SAID GREEN TRACT;
THENCE NORTH 88 DEGREES 56 MINUTES 39 SECONDS WEST, ALONG AND NEAR A
FENCE AND THE SOUTH LINE OF SAID GREEN TRACT, A DISTANCE OF 60.57 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0.2117 ACRES OF LAND.
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.p.nGi I.J. Apanda lie
SAVI: AND I XCEI'1 Illl: 1IS1H1.1: 1\I) \pl,\R1 \I 1..1ti1.111.~ 1 t)E li! (BIeP
WillCll IS USING A PORTION OF Hit ABON E DLSCRIBED TRAC1 f( MAN"
AND ROSE STREET. 'IIIE ABOA'I: D1:SCRIBLD IRA(' I ALSO'
LSO BEING THAI SAME 1 RACT OR
PARCEL OF LAND LISTED B1' Tlil, DLNION CLNIRAI. APPRAISAL, DISTRICT UNDER
ACCOUNT NUMBER R0033185 AS .138 ACRES OUT OF ABSTRACT 185 01: THE BBB & CRR
SURVEY, CALLED DENTON CENTRAL APPRAISAL DISTRICT TRACTS 249 AND 251, 1 HE
SAME BEING FORMERLY CALLED TRACT 354 BY THE DENTON CENTRAL APPRAISAL
DISTRICT, AND SHOWN ON 111L LAX ROLLS OF DENTON COUNTY, 'TEXAS AS
FOLLOWS:
0,138 +cre out of Abstract 185 of the BBB & CRR Surrey, Tracts 249 & 251, Old DCAD Tract
354. Denton County. Texas being that property more particularly described and assessed on the
lax roils of this jurisdiction
I
i
ar~en,it:o._ .r.
Apenda Item
Ono
CAUSE NO. 94-0439-362 U lu
CITY OF DENTON § IN THE DISTRICT COURT
PLAINTIFF §
V § 362ND JUDICIAL D
§ EN ; IN S TATS
GOLDIE GREEN AKA GOLDIE BRYANT AKA § Nano„
GOLDA FAYE BRYANT § It 49... its"
DEFEND..NT § DENTON COUNTY, "
JUDGMENT
On September 28, 1995, came on to be heard the above numbered and entitled cause, wherein City of
Denton, a municipal corporation and County of Denton are the Plaintiffs, and wherein Goldie Green
AKA Goldie Bryant AKA Golda Faye Bryant, is Defendant, if living, and if any or all of the
above-named Defendants be dead, the unknown heirs of each and all of the above-named persons who
may be dead, and the unknown heirs of the unknown heirs of the above-named persons, and the unknown
owner or owners of the hereinafter described property, and the executors, administrators, guardians, legal
representatives, legatees and devisees of the above named persons, and all persons owning or having or
claiming any interest in the following described property, who were duly served with process by means
of citation by publication, or by personal service; and wherein Denton Independent School District and
Denton County Education District is Intervenor.
All parties being properly before the Court, and having heard the pleadings, evidence, and argument
of counsel, the Court is of the opinion that the Plaintiffs and Intervenor have prevailed on all issues and
should have judgment in personam and in rem, and for foreclosure of tax liens and for order of sale.
` IT IS THEREFORE ORDERED, that all properties and party Defendants not specifically named
herein are dismissed without prejudice to the rights of the Plaintiffs and Intervenor to refile the same or
similar action against those dismissed.
IT IS FURTHER ORDERED, that there is due, to Plaintiffs in the capacity in which they sue and to
the Intervenor the following amounts of delinquent property taxes and accrued statutory penalties,
interest, costs, expenses, and attorney's fees upon the following described property, the market value of
which as of the date of trial is found to be as below stated, as set out in Schedule A immediately
following, together with interest at the rate of ten percent (10%) per annum on all of these sums from
date until paid.
SCHE?DULE'A"
Delinquent taxes accrued statutory penalties and interest, fifteen percent attorney's fees and cost due
for which judgment is herein rendered covering all years delinquent at the date of this judgment.
Agenda No.~ ;I
ALL THAT CERTAIN TRACT 02 PARCEL OF LAND LYING AND BEI ( l
B.B.B. & C.R.R. COMPANY SURVEY, ABSTRACT NUMBER 185, DE
AND BEING PART OF A CERTAIN TRACT DESCRIBED IN A DEED '
AND WIFE, MAY HOWELL TO W.P. GREEN AND LIZ.ZIE GREEN, ON THE 26TH DAY OF
SEPTEMBER, 1938, RECORDED IN VOLUME 319, Page 100, DEED RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN SET AT THE EASTERNMOST NORTHEAST CORNER OF LOT
4, BLOCK ONE, OF THE ULAND ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET F, PAGE 250, PLAT RECORDS OF SAID COUNTY, SAID POINT BEING IN THE
SOUTH LINE OF SAID GREEN TRACT;
THENCE NORTH 89 DEGREES 07 MINUTES 46 SECONDS WEST, ALONG AND NEAR A
FENCE AND SAID LOT 4, A DISTANCE OF 13.13 FEET TO AN IRON PIN FOUND IN A
FENCE CORNER POST AT THE SOUTHEAST CORNER OF A CERTAIN TRACT DESCRIBED
IN A DEED TO JAMES D. SWANSON, RECORDED IN VOLUME 1870, PAGE 729, REAL
PROPERTY RECORDS OF SAID COUNTY;
THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS EAST, ALONG AND NEAR A
FENCE PART WAY, PASSING AT 74.77 FEET AN IRON PIN FOUND AT THE NORTHEAST
CORNER OF SAID SWANSON TRACT AND CONTINUING A TOTAL DISTANCE OF 120.15
FEET TO AN IRON PIN SET FOR CORNER, SAME BEING IN THE NORTH LINE OF SAID
GREEN TRACT;
THENCE SOUTH 88 DEGREES 52 MINUTES 54 SECONDS EAST, WITH THE NORTH LINE OF
SAID GREEN TRACT, PASSING AT 76.43 FEET AN IRON PIN FOUND AT THE SOUTHWEST
CORNER OF LOT 1, BLOCK 1 OF COLLEGE BEAUTY ADDITION, AN ADDITION TO THE
CITY OF DENTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 198, PAGE 365,
DEED RECORDS OF SAID COUNTY, AND CONTINUING IN ALL A TOTAL DISTANCE OF
79.93 FEET TO AN IRON PIN SET AT THE NORTHWEST CORNER OF A CERTAIN TRACT
DESCRIBED IN A DEED TO MILLARD F. THORP, RECORDED IN VOLUME 845, PAGE 531,
DEED RECORDS OF SAID COUNTY;
THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST, WITH A FENCE PART
WAY AND THE WEST LINE OF SAID THORP TRACT, A DISTANCE OF 120.08 FEET TO AN
IRON PIN SET AT THE SOUTHWEST CORNER OF SAID THORP TRACT, SAID POINT BEING
IN THE SOUTH LINE OF SAID GREEN TRACT;
THENCE NORTH 88 DEGREES 56 MINUTES 39 SECONDS WEST, ALONG AND NEAR A
FENCE AND THE SOUTH LINE OF SAID GREEN TRACT, A DISTANCE OF 60.57 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0.2117 ACRES OF LAND.
SAVE AND EXCEPT THE VISIBLE AND APPARENT EASEMENT OF THE CITY OF DENTON
WHICH IS USING A PORTION OF THE ABOVE DESCRIBED TRACT FOR ULAND STREET
AND ROSE STREET. THE ABOVE DESCRIBED TRACT ALSO BEING THAT SAME TRACT OR
PARCEL OF LAND LISTED BY THE DENTON CENTRAL APPRAISAL DISTRICT UNDER
ACCOUNT NUMBER R0033185 AS .138 ACRES OUT OF ABSTRACT 185 OF THE BBB & CRR
SURVEY, CALLED DENTON CENTRAL APPRAISAL DISTRICT TRACTS 249 AND 251, THE
SAME BEING FORMERLY CALLED TRACT 354 BY THE DENTON CENTRAL APPRAISAL
DISTRICT, AND SHOWN ON THE TAX ROLLS OF DENTON COUNTY, TEXAS AS
FOLLOWS:
fy
.7xnLn J:O.
000.001 agenda Jttm 1
ACCOUNT NUMBER: 80033185 Dire
PROPERTY DESCRIPTION: 0.138 Acre out of bstract 185 of the BBB
& 251, Old DCAD Tract 354, Denton County. Texas being that property more particularly described
and assessed on the tax rolls of this jurisdiction
ASSESSED NAME: BRYANT. GOLDIE AIRS
ID NUMBER: 9433Z71MM 000 000001001
$405.52 Due to County of Denton
For Tax Years: 1986-1994
$1,071.68 Due to City of Denton. a municipal corporation
For Tax Years: 1986-1994
$1,779.92 Due to Denton Independent School District
and Denton County Education District
For Tax Years: 1986-1994
l~
$3,257.52. Total Due
$6,348.00 Market Value
All of the foregoing Independent School District and tDenton Count), Education District, County ot f municipal
Texas. Denton
Title Research Expense: $862.00
IT IS rURTHER ORDERED, that all sums and costs for which judgment is granted herein shall be
satisfieJ solely from the sale of the property named herein.
AND IT IS FURTHER ORDERED, that a statutory tax lien exists on each property, for the amount
of delinquent property taxes and accrued statutory penalties, interest, costs and expenses herein
adjudged to be due on each property. which statutory tax lien is a prior and superior lien to all claims,
right, title, interest, or liens asserted by any of the parties defendant herein, and that Plaintiffs and the
Intervenor have foreclosure of their liens on each property as against all the Defendants herein or any
person claiming under the Defendants by any right acquired pending this suit; that an ORDER OF
SALE be issued by the Clerk, directed to the Sheriff or any constable of this County, commanding
such officer to seize, levy upon and advertise the sale of each property, and to sell the same to the
highest bidder for cash, as under Execution, provided that the property shall not be sold to a person
owning an interest in the property or to any party to the suit other than a taxing unit for less than the
market value of the property stated in the judgment or the aggregate amount of the judgments against
the property, whichever is less. It is ordered that the net proceeds of any sale of such property made
hereunder to any party other than a taxing unit who is a party to this suit shall be applied to satisfy the
judgments and liens foreclosed herein, but any excess in the proceeds of sale over and above the
amount necessary to pay the judgment amount due, defray the costs of suit and sale and other expenses
chargeable against the property, shall be maintained by the clerk of the court in an interest bearing
account in accordance with the provisions of the Property Tax Code; that the owner of such property
or their heirs, assigns, or legal representatives, may redeem such property in the time and manner
prescribed by law; that the officer executing the Order of Sale shall make proper conveyance to the
purchaser or purchasers of the property as prescribed by law, subject to such right of redemption; and
that all other writs of execution and any process necessary for the enforcement of this judgment shall
issue. The Sheriff or proper officers shall place the purchaser or purchasers, or their heirs, executors,
assigns or administrators in possession of the property so purchased in accordance with the law of the
State of Texas. Scott W. Hickey, attorney appointed to act as ttornex and guardian ad litem for
Defendants cited by publication is hereby allowed the sum of $ U Dollars, as attorney's fees,
such sum to be taxed as court costs herein.
i
a
AOlnd~ Ik. ,
The Court further finds stL. all the material allegations in the int.. Benton o tltamuttyy
pertaining to mowing liens are true and correct and that the City of Denton s C- IJ&fW
establishing its debt against the following names parties in the amounts indicated t
500 Uland, Map Page 4, Block 165, Lot 26, Tract 354, Account #1390-02100, DCAB 1D 33185,
BBB & CRR Survey, Abstract #185, Denton County, Texas, assessed in the name of Bryant
Goldie Mrs and described in Volume 2289, Page 639 of the Deed Records, Denton County, Texas
in the amount of $206.97
500 Rose, Block 165, Lot 26, Tract 354, College Beauty Addition, Account #1390-02100, DCAB
ID 33185, BBB & CRR Survey, Abstract #185, Denton County, Texas, assessed in the name of
Bryant Goldie Mrs and described in Volume 2289, Page 661 of the Deed Records, Denton
County, Texas in the amount of $206.97
500 Rose, DCAB ID 33185, Account #1390-02100, A0185A, BBB & CRR Survey, Abstract
11185, Tract 354, Acres 0.138, 261165, Denton County, Texas, assessed in the name of Bryant
Goldie Mrs and described in Volume 2349, Page 940 of the Deed Records, Denton County, Texas
in the amount of $246.51
500 Uland, Map Page 4, Blocl 165, Lot 26, Tract 354, Account #1390-02100, DCAB ID 33185,
BBB & CRR Survey, Abstract #185, Denton County, Texas, assessed in the name of Bryant
Goldie Mrs and described in Volume 2372, Page 991 of the Deed Records, Denton County, Texas
in the amount of $235.97
500 Rose Street, Account #139002100, DCAB ID 33185, BBB & CRR Survey, Abstract #185,
Tract 354, Denton County, Texas, assessed in the name of Bryant Goldie Mrs and described in
Volume 2929, Page 0951 of the Deed Records, Denton County, Texas in the amount of $171.93
500 Rose Avenue, Account #139002100, DCAB ID 33185, BBB & CRR Survey, Abstract #185,
Tract 354, Denton County, Texas, assessed in the name of Bryant Goldie Mrs and described in
Volume 2963, Page 0130 of the Deed Records, Denton County, Texas in the amount of $167.36
500 Rose, R #33185, BBB & CRR Survey, Abstract 0185A, Tract 354, Denton County, Texas,
assessed in the name of Bryant Goldie Mrs and described in Volume 3087, Page 525 of the Deed
Records, Denton County, Texas in the amount of $160.94
500 Rose, BBB & CRR Survey, Abstract 185, Tract 354, Tax #033185, Denton County, Texas,
assessed in the name of Bryant Goldie Mrs and described in Volume 3174, Page 0691 of the Deed
Records, Denton County, Texas in the amount of $158.42
The Court further finds that the foreclosure of the mowing liens is second and inferior to the tax
liens and will be paid from the proceeds from the sale remaining after all court cost and taxes, penalties
and interest have been paid. However, the Court orders that the amount of said mowing liens be
included in the aggregate opening bid at such time as the property is offered for sale by the Sheriff as
detailed above.
All relief not specifically granted by this judgment, is hereby denied.
SIGNED this the day of , 1995.
/
A JUDGE PRESIDING
PP W-"n O 4:
Gilbert T. Bragg
State Bar Number 028575
ATTORNEY FOR PLAINTIFFS
Apende ko.
} S"ERIFF S SALE ADende
} THE STATE OF TEXAS ) Dale
ton
County of De-
NOTICE IS HEREBY C1vF,N That by virtue of a certain _ar of..
.Sale
Issued out of the Honorable _...362rd _Distri .....Court of.. ta?.
County, on the......... 4. 1 dry ot..._..__(rtgber .......................19.95....., bs..... virtue
. _
_.........01 sald,...... .p?*z.oE_§ale ;n
for the sum of..... Itzee .th'--aM ~ hL+~red fifty-seven and 52/100 r
(53 25152) 1...irfesesE.._._
anl costs
in In favor of f'
City of of suit, un {cr a........ .~4 t
a certain cause In :aid Court, No94-0439-3fi
6 {
styled.City of gtnton n1 ' S
} .....GoIdie Green AKA Goldi.e 8.rya,it AKA Golds Faye
, ......vs..
- placed In my hands for service, I, ~ldon was
• ,
4th
as Sheriff of.... Dan <
~~nt ton County, Texas, did, on the...,......._.......... .day of
}
t Q.-``"fz--.........19..5..., levy on certain Real Estate, situated In_.~nt~,,,, I i1
County, Texas, described as follows, to-wit! /f
See Schedule (attached)
r tl
i
i
'i, fJt • r;
f
r Ire i
Goldie Creep AKA Coldie &yant AKA Golds_FaSe e
and levied upon as the property di
. Bryant )
i
and at the hat on Court the first Tuesday in..__ r,~,_,_„]g,-95-,, the same being lhe._~~!day of said north,
virtue C House door of........ .....county, in the,......
city of
J
_ ~'tm.._...Texas, between the hours of 10 a. m. and 4 p, m., by
v
said levy and Bald- ..............._o'_Sa le !t
f t I will sell said above described Real Estate at public vendue, for cash, to the highest bidder, as the prop. f
h, erty ofsaid.._GOldie Green AKA Goldie,Bryant AKA Golda Faye Bryant
y, .
And In compliance with law, I give this notice b ?
Y Publication, In the English language, once a week
for three consecutive weeks Immediately preceding said day of sale, in the ~'.~!_~?ta Chro....
~ a newspaper published r..._.... .
. . r'
. County
t
Witness my hand, thls ?.....daY of .
t 19..
kldon Xs
ShMff....... -Penton
....County, Texas. ~ t
By...
i J ila ul den
i,
J
SCHEDULE y
,,7rr,~i It:n
ALL THAT CERTAIN TRACT OR PARCEL. OF LAND LYING AND BEI~
B.B.B. & C.R.R. COAIPANY SURVEY, ABSTRACT NUN113ER 185, bEIYTON COUNTY, TEXA
AND BEING PAPT OF A CERTAIN TRACT DESCRIBED IN A DEED FROM I.N. HOWELL
AND WIFE, MAY HOWELL TO W.P. GREEN AND LIZZIE GREEN, ON THE 26TH DAY OF
SEPTEMBER, 1938, RECORDED IN VOLUME 319, Page 100, DEED RECORDS, DENTON
COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT AN IRON PIN SET AT THE EASTERNMOST NORTHEAST CORNER OF LOT
4, BLOCK ONE, OF THE ULAND ADDITION, AN ADDITION TO THE CITY OF DENTON,
DENTON COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN
CABINET F, PAGE 250, PLAT RECORDS OF SAID COUNTY, SAID POINT BEING IN THE,
SOUTH LINE OF SAID GREEN TRACT;
THENCE NORTH 89 DEGREES 07 MINUTES 46 SECONDS WEST, ALONG AND NEAR A
FENCE AND SAID LOT 4, A DISTANCE OF 13.13 FEET TO AN IRON PIN FOUND IN A
FENCE CORNER POST AT THE SOUTHEAST CORNER OF A CERTAIN TRACT DESCRIBED
IN A DEED TO JAMES D. SWANSON, RECORDED IN VOLUME 1870, PAGE 729, REAL
PROPERTY RECORDS OF SAID COUNTY;
THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS EAST, ALONG AND NEAR A
FENCE PART WAY, PASSING AT 74.77 FEET AN IRON PIN FOUND AT THE NORTHEAST
CORNER OF SAID SWANSON TRACT AND CONTINUING A TOTAL DISTANCE OF 120.15
FEET TO AN IRON PIN SET FOR CORNER, SAME BEING IN THE NORTH LINE OF SAID
GREEN TRACT;
THENCE SOUTH 88 DEGREES 52 MINUTES 54 SECONDS EAST, WITH THE NORTH LINE OF
SAID GREEN TRACT, PASSING AT 76.43 FEET AN IRON PIN FOUND AT THE SOUTHWEST
CORNER OF LOT I, BLOCK 1 OF COLLEGE BEAUTY ADDITION, AN ADDITION TO THE
CITY OF DENTON, ACCORDING TO THE PLAT RECORDED IN VOLUME 198, PAGE 365,
DEED RECORDS OF SAID COUNTY, AND CONTINUING IN ALL A TOTAL DISTANCE OF
79.93 FEET TO AN IRON PIN SET AT THE NORTHWEST CORNER OF A CERTAIN TRACT
DESCRIBED IN A DEED TO MILLARD F. THORP, RECORDED IN VOLUME 845, PAGE 531,
DEED RECORDS OF SAID COUNTY;
THENCE SOUTH 03 DEGREES 03 MINUTES 18 SECONDS WEST, WITH A FENCE PART ,
WAY AND THE WEST LINE OF SAID THORP TRACT, A DISTANCE OF 120.08 FEET TO AN
IRON PIN SET AT THE SOUTHWEST CORNER OF SAID THORP TRACT, SAID POINT BEING
IN THE SOUTH LINE OF SAID GREEN TRACT,
THENCE NORTH 88 DEGREES 56 MINUTES 39 SECONDS WEST, ALONG AND NEAR A
FENCE AND THE SOUTH LINE OF SAID GREEN TRACT, A DISTANCE OF 60.57 FEET TO
THE POINT OF BEGINNING AND CONTAINING IN ALL 0.2117 ACRES OF LAND.
SAVE AND EXCEPT THE VISIBLE AND APPARENT EASEMENT OF THE CITY OF DENTON
WHICH IS USING A PORTION OF THE ABOVE DESCRIBED TRACT FOR ULAND STREET
AND ROSE STREET, THE ABOVE DESCRIBED TRACT ALSO BEING THAT SAME TRACT OR
PARCEL OF LAND LISTED BY THE DENTON CENTRAL APPRAISAL DISTRICT UNDER
ACCOUNT NUMBER R0033185 AS. 138 ACRES CUT OF ABSTRACT 185 OF THE BBB & CRR
SURVEY, CALLED DENTON CENTRAL APPRAISAL DISTRICT TRACTS 249 AND 251, THE
SAME BEING FORAgERLY CALLED TRACT 354 BY THE DENTON CENTRAL APPRAISAL
DISTRICT, AND SnOWN ON THE TAX ROLLS OF DENTON COUNTY, TEXAS AS
FOLLOWS:
{
r
f 10, 20,05 15:01 eS17 89s 5605
a DENTO\' SHERIFF
i■ ~n QO O l
DENCiTONvilCOUNTYSe SHERIFF'S DEPARTh7EN1
! 8p
ction - Writ Report
Court: t(~/
causeN: R9--043`1-362
Styled:` g
Name: --Y~~~'w
51 x/454 - IBIS
i
Address:
Judgment ~~3 q 15 7. 1 a
Service Attempts
Interest 31,.40
Costs 1wQv 1071'~P#'3ox4o(f1.O0~ 10$3~~,g
4'7.00 " ff U (b opt' 'F05.5 .~r K4 o (4.~0} _ 409 r qa
Atty Fees
~ e~~SD I'17~,92+ .sox4o(~o.00) = l`---- M ~
Writ Fee `~S00 3257.12 X6.40 = 3a13s2
Commission 1 3 0
i ~ 1555,07
50.0
g
ig F'kD 380.00
TOTAL
Interest 'Percent !
days at ___t g .1 day
days at _ day
bate of Judgment q ~g Ry- .2y1
Expiration cc4tt
__L'1L5, s 311
Issue Date
Date Assigned:~ w rS
_ Date Returned:
Attorney:
Contact Person.
Phone
s Dab
CAUSE NO 94-0439 362 _
~ r
-CITY OF DENTON
IN THE DISTRICT COURT
ItABUTFF
V.
§ 362ND JUDICIAL DISTRICT
GOLDIE GREEN AKA GOLDM BRYANT AKA §
GOLDA FAYE BRYANT §
DEFENDANT §
§ DENTON COUNT Y, TEXAS
SH-EPUEES RETURN ON ORDER OF SALE
An Order of Sale for Delinquent Property Taxes came to hand on the 41 day of ~ • , 1995, at
10:00 o' lock A.M., and was executed at Denton, in Denton County, Texas, on the day of
, 1995, at 11:00 o'clock A.M., by levying upon the land described below, roIxn
e ea nts, and situated in Denton County, Texas. And afterwards, "'I the [ $"{~ay of Y f the
1995, I advertised the same for sale and to be sold at the courthouse•cjor of Denton County, on
November 7,.1995, the same being the first Tuesday in said month,' by advertisement, in the English r .
language,.-published once a week for three consecutive weeks preceding such sale, the first of
i~
P li5ations agpear~ng of less than twenty days immediately preceding, the day of sale, begirining on rhe. +a
4 day of 1995, in t'ie Denton Record Chronicle, a newspaper publishedin the°'
County of Denton, stating in said advertisement the authority by virtue of which said sale was to be.;;
,made, the time of levy, the time and place of sale, a brief description of the property to be sold; the
nuns vof acres; descnp ion of lots, the original survey, location in the cotinty and the name by which ~rV
the land or, lots are generally known, and also mailing to each of the within named Defendan
ts
said notice•of srde_ y - - ~ ~ a cop of~'.1i.
t ,4 A
<And onNvvembET-7; 41995; between the hours of 10 00 o'clock A M , and 4.00 o'clock'P M.,at Ui
ri
Courthouse door of said county in pursuance to said advertisement, .1' sold said property *at pubhe sale Io`' "
the purchasers listed below to whom the same was struck off for the sum listed opposite each tract. That
beiig the highest secured bid for same, which said amount was not lower than that allowed by, the
juvgmert and order of sale in said suit; and the purchasers having paid to me thesums of the aforesaid
bids, I, at the request of said purchasers, executed to them deeds to the said ]and or lots, subject to the
right of,the defendants or any person having an interest therein to redeem the said property, or their
interest therein, within the period of time and in the manner provided by ]aw.
r s,•
DESCRIPTION OF PROPERTY SOLD'TO _ AMOUNT OF BID ; s k , rr '
0•!38 Ac Aout,of Abstract 185 of P1 . a,~ g r~:j(~,q
the BBB CkR Survey, Tracts 249
251Old aCAD Tract 354, Denton Ill~~~uuu~~~~
Couhty;,Texas1-%
w
01/09!88 14:04 $817 698 5636 CIVIL DEPT. 001
- r A
O~W Ne
And after first satisfying all costs of sale occurring under this writ and the -
shown below, the remainder was paid to the following:.
City, of ppzton, a -municipal corporation
' paid.to+Tax Collector Y T-~t,r ls~ JL
County . of , Denton ~1=: _ , .rte
r ♦
paid to Tax Collector . . . . . .
Denton independent School District
and Denton County Education District
paid to Tax Collector , , , , , , , , , , , , , , , , I r7~ s},
Original Court Costs, as shown by order of Sale . . . . . $ r2fL~.~
Printer's tees for advertising notice of sale . , • . $ 3 a 7 (0 0
~Kocv`" ,t7 r r 1 SSSr 07
Sh~er~i'ff's fees for executing sale of property . . . . . . $ 50(,30
1AItc.t E.oit lv X10,'2.0 D
Total costs of suit and sale. . . . .
C1j e $ moo,v
Excess funds, after paying udgment.amounts and all
costs, ?ayable to the District Clerk, in trust, pursuant
to Section 34.03 of the Texas Property Tax Code . . . . . $
Total `amount disbursed to such payees, whi'c`h equals aotal x }
,,...bids received 'in this suit,the• receipts °of s'aid-payees
being evidenced by cancelled checks in my posse '"ssi6n-..
This writ is hereby returned on this the' 1 day of 1995 a' 1 +
~ JJ
FR } "/iii Ir, ! e.~ a y..•` -S-°1.z 1't'.~'
1 1 . `,[jr f ~A!~JYZ.~^IA~ RI iu yX,.'St t.
1 1
L. S 1 1]'. iii 'i. , f. iY~y+J♦''r=f 'Y 1{ '...l.+yY ~',~l}
. °er kte Sheriff,;Denton County; Texas,:
y. ~'r~T..y...a• r1.li. ~y.'~'f a:.a t..s 4aS. ~+{r. :is!
By,.
Deputy
Cause No. 94-0439-362
CITY OF DENTON Y.
GOLDIE GREEN AKA GOLDIE BRYANT AKA GOLDA FAYE BRYANT
1
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[7 1so' 1 16 1so' x35' 30' •o {
as
osc f9G' 27
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7
~ 370 t:. +lOp.
25 ~o i ao
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300 152 ,
n 23 & 24 fl
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150 150,
IS
13
AL! m 21 _
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isd
44
8 20 19 n J5
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222.77'
L575 '
LEAST c3CINNEY .
425 <ts 132 So 7S 65 65
74 73 194 13L89
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DA
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Rick Svelila, Acting City Manager
SUBJ: Consider adoption of a resolution of the City Council of the City of Denton
authorizing the Community Development Office to submit an application to the
i'exas Department of Housing and Community Affairs seeking funding and
autho:7-7ing the City Attorney to negotiate a contract with the Texas Department
of Housing and Community AtTairs and providing for an effective date.
RECOMMENDATION:
Community Development Staff recommends approval.
BACKGROUND:
The Texas Department of Housing and Community Affairs (TDHCA) has issued
a Request for Proposal (RFP) pa;ket for the Texas Emergency Shelter Grants
Program (ESPG). This statewide :ompetitive RFP process is being used to
distribute ESPG funds. TDHCA has established a minimum of $30,000 and a
maximum of $100,000 per project. The deadline for submission of a proposal is
Monday, February 5, 1996. The City received funds from this program in fiscal
year 89-90. HOPE INC. aid Fr&.As of the Family have also -eceived these funds
j directly.
i
SUMMARY:
If funded, and after contract approval, the Community Development Office will
act as a fund manager. The Community Development Office would then distribute
the funding to I!OPE, INC. and Denton County Friends of the Family to provide
homelessness prevention activities. Both agencies will collaborate with other
service providers active in the Denton County Collaborative Committee to form a
continuum of services for their clients,
PROGRAMS, DUARTMENTS OR GROUPS AFFECTED:
Program Beneficiaries
I Iuman Services Organizations
Coi munity Development
1
j
Ij 4
F
l
a.
.
E
FISCAL. IMPACT:
There will be no impact on the general fund. Each grantee must supplement its
ESGP grant amount with an equal or greater amount of match funds from sources
other than ESGP funds. CDBG and general fund monies previously allocated to
participating human service agencies will be used to meet the match requirement.
Respectfully submitted:
Rick Sveh a,
Acting City Manager
Prepared by.:/
Derrick Collins,
Human Services Coordinator
~pproved:
s,
rank Robbins, AICP
Director for Planning and Development
H
t
r
C. 'd PDOCSRF:S7.C H0[:SF. PIS
EApt 3,
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE, CITY OF DENTON, TEXAS
AUTHORIZING THE COMMUNITY DEVELOPMENT OFFICE TO SUBMIT AN
APPLICATION TO THE TEXAS DEPARTMENT OF HOUSING AND COMMUNITY
AFFAIRS SEEKING FUNDING AND AUTHORIZING THE CITY ATTORNEY TO
NEGOTIATE A CONTRACT WITH THE TEXAS DEPARTMENT OF HOUSING AND
COMMUNITY AFFAIRS; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas is concerned %vith the safety and welfare of
homeless families, which includes promoting the development of homelessness prevention
activities in the community; and
WHEREAS, the City of Denton, Texas is interested in promoting the development of
community-based, collaborative and integrated service delivery systems to serve homeless or
potentially homeless families %vithin the Denton area; and
WHEREAS, the City of Denton is applying for funding under the 1996 Texas
Emergency Shelter Grants Program, authorized by the Texas Department of Housing and
Community Affairs; and
WHEREAS, the Texas Department of Housing and Community Affairs requires
submission of an application and appropriate certifications; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council of the City of Denton, Texas authorizes the
Community Development Office to submit an application seeking funding from The Texas
Department of Housing and Community Affairs and authorizes the City Attorney to negotiate
a coriract with the Texas Department of Housing and Community Affairs to obtain said
funding.
SECTION IL That this resolution shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
r
Agenda No.
Agenda Item A&=
Data._ ~ lI
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: a ~x2 Fna---
i
r
Aoendatb,
geneattarn i
TEXAS DEPARTMENT OF HOUSING AND C A
~
Geprge,Y Bush
GO~CR FOR BOARD MENBC RS
Marge lee 8in9harn
Lame Paw alanleY C'A
Donald R Bethel
fRCCUrwt DIRECTOR
H3M1 PV ClPmpnt IF,
Fiona Bell &Ofln, Ph D
Richard C Hale
Inseph Ktmp
Aalter Martinez
Paul A. Rodriguez
T0: Parties Interested in the Texas Mary Sanger
Emergency Shelter Grants Program
FRO avid C. aivan
Program Manager, Community Services
DATE: December 1, 1995
SUBJECT: FY 1996 Emergency Shelter Grants Program
The Texas Department of Housing and Community Affairs is pleased to provide you with a
Request for Proposal (RFP) packet for the Texas Emergency Shelter Grants Program (ESGP).
This statewide competitive RFP process is being used to distribute ESGP funds. The deadline
for submission of a proposal is Monday. February 5, 1996. The United States Department of
Housing and Urban Development (HUD) has not announced the amount of the FY 1996 ESGP
award to the State of Texas; however, this will not significantly impact the RFP process.
TDHCA will hold an RFP Training Workshop In Austin on Tuesday, December 19, 1995, at
the State Capitol Extension Auditorium located on the State Capitol grounds, Limited
parking is available in the state parking lot located on the northeast corner of 15th Street and
Congress Avenue. Free parking and shuttle service is available from Palmer Auditorium
(across from TDHCA offices on Barton Springs) at 20 minute intervals. A cafeteria is available
in the Capitol Extension building. Please make your own hotel accommodations as required.
Please bring your copy of the ESGP RFP to the workshop. Each organization Is asked to
bring no more than two persons to the workshop. Registration will begin at 8:00 a.m., and
the workshop will be held from 9:00 a.m. until 4:00 p.m. The workshop is intended to be a
question and answer session pertaining to the RFP, so it will be helpful to review the RFP and
decide what your project might be before arriving. Attending the workshop does not imply that
you will be funded and attendance is not mandatory.
We look forward to receiving your proposal. Contact Eddie Fariss at 512/475-3897, Rita
Gonzales-Garza at 5121475-3886, or Dyna Cole at 512/475-3908 if you have any questions
pertaining to the RFP packet.
811 BARTON SPRINGS ROAD • SUITE 100 0 P. O. BOX 13941 • AUSTIN, TEXAS 78711 -3941 • (512) 475.3800
9
Manila ]No,
A
penda 1 y
Deadline for Receipt Monday, February 5, 1996
and Consideration: by 5:00 p.m.
Number of Copies Due: Original and Two Copies
Proposals may be mailed or hand-delivered to the
address listed below. Any proposals arriving after
the deadline will not be considered.
Mailing Address
David C. Galvan
Program Manager, Community Services Section j
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
Attn: Eddie Fariss
Street Address
Due to pending change of location, please call the
Department at (512) 475-3889 for address and/or
directions.
.i
E
i'
I
Ilk
kWdt 170. ,
,,..i nen I f
TABLE OF CONTENTS
PART A. REQUEST FOR PROPOSAL - REQUIREMENTS
I. Background
1
11. Purpose
1
Ill. Submission Information
2
IV. Eligible Applicant Entities
2
V. Important Points
3
VI• Eligible Activities
3
VII. Ineligible Activities
5
Vill. Contract Amounts
s
IX. Local Match Requirement
6
X. Required Use of Buildings as a Shelter
7
XI. Environmental Review
7
X11. Reporting Requirements
X111. Selection Process .
9
r
,j
t
l~
W&I j Iwo
TABLE OF CONTENTS (cont.) C*
PART B. RFP DEVELOPMENT INSTRUCTIONS AND FORMS
1. Proposal Content and Format 10
ll. Project Narrative Instructions 12
III. Attachments:
A. Standard Form 424
(complete only 2, 5, 7, 12, 14, 15a, 17 and 18)
B. Certification of Local Government Approval of ESGP
Proposal for Private Nonprofit Organizations Form
C. Proposed Use of Funds Form
D. Tables 1 & 2 (Att. D-1 and D-2)
E. Certifications - E1 and E2
F. Preliminary Environmental Review Checklist
I
G. Contractual Agreement Between Recipient and Religious
Organizations
H. ESGP Formula Cities and Counties
f. HHS Poverty Income Guidelines
J. Previous ESGP Funding Form
K. Regional Map
L. Emergency Shelter Grant Program Regulations
plydgiesgplesgprfp
n
i
-CM
Apendl
TEXAS EMERGENCY SHELTER GRANTS PROGRAM
REQUEST FOR PROPOSAL (RFP) PACKET
PART A. REQUEST FOR PROPOSAL - REQUIREMENTS
1. BACKGROUND
The Emergency Shelter Grants Program (ESGP) is authorized by the Stewart B.
McKinney Homeless Assistance Act of 1987 as amended, (42 U.S.C. Sec. 11371 el
;esq.,). The Governor has designated the Texas Department of Housing and Community
Affairs (TDHCA) as the administering agency for this program. Funds will be made
available to eligible applicants, based on this statewide competitive RFP process, io
carry out the purpose of the Emergency Shelter Grants Program. The United States
Department of Housing and Urban Development (HUD) has not announced the amount
of the FY 1996 ESGP award to the State of Texas.
11. PURPOSE
The purpose of the Texas Emergency Shelter Grants Program (ESGP) is to:
a. help improve the quality of existing emergency shelters for the homeless;
b, help make available additional emergency shelters; and,
c, help meet the costs of operating emergency shelters and of providing certain
essential services to homeless persons, so that these persons have access not only
to safe and sanitary shelter, but also to the supportive services and other kinds of
assistance they need to improve their situations.
Definition of Homeless
The term "homeless" or "homeless individual" includes:
(1) An individual who lacks a fixed, regular, and adequate nighttime residence, or
(2) An individual who has a primary nighttime residence that is
(a) a supervised publicly or privately operated shelter designed to p•ovide
temporary living accommodations (including welfare hotels, congr?gate
shelters, and transitional housing for the mentally ill);
(b) an institution that provides a temporary residence for individuals intended to be
institutionalized; or,
(c) a public or private place not designed for, or ordinarily used as, a regular
sleeping accommodation for human beings.
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(Exclusion: The term "homeless" or "homeless individual" ore
individual imprisoned or otherwise detained pursuant to a '
a State law.) ror
Ilt. SUBMISSION INFORMATION
The deadline for receipt and consideration of a proposal is the close of business, 5:00
p.m., Mondav. Februla ! QB. Proposals milit arrive at TDHCA on or before the
deadline. Proposals received after the deadline will not be considered. Angz[ginal and
two copjg•_Qf each 1110al must be tuhmitted and may be mailed or delivered in
person or by special delivery to;
Mailing Address
David C. Galvan
Program Manager, Community Services Section
Texas Department of Housing and Community Affairs
Post Office Box 13941
Austin, Texas 78711-3941
Attn: Eddie Fariss
i ~LAddress
Due to pending change in location, please contact the Department at (512) 475-3889 for
street address and/or directions.
Proposals must be typed--double spaced- on standard 8%" by 11" paper and have
consecutively numbered pages. Proposals must be bound using binder clips. Do
not use folders or notebooks of any type. The original must contain original
signatures and original pictures. Questions pertaining to the content of this RFP
packet may be directed to Eddie Fariss at 512/475-3897, Rita Gonzales-Garza at
512/475-3886, or Dyna Cole, at (512) 475-3905.
IV, ELIGIBLE APPLICANT ENTITIES
Eligible applicant entities are: (1) units of general local government; and (2) private
nonprofit organizations, if the unit of local government in which assisted projects are to
be located certifies that it approves of the private nonprofit organization's proposed
project. TDHCA will accept certification of approval of a private nonprofit organization's
project from the chief elected official (or an official designated to act on behalf of the
CEO) for either the city or county in which the project will be located. This includes the
county judge, mayor, city manager, assistant city manager, city or county community
development or human services director.
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V. IMPORTANT POINTS Apend3 l m
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1, Projects that request funding for renovation, major rehabilitation, or
conversion MUST:
A. Include plans for lead-based paint abatement if the shelter facility contains this
hazardous material, and/or if it was constructed prior to 1978. Refer to Narrative
Outline, Part 111. Project Description.
B. Include the completed Preliminary Environmental Review Checklist contained in
the RFP. The authorized signatory for your organization may sign this checklist.
However, if the Chief Elected Official of the city or county in which project will be
located has agreed to assist with the environmental review requirements, they
may complete and/or review and sign the checklist instead. Refer Section X1. for
more information on environmental requirements.
2. If your organization has applied for or has received other funds that are or will be
dependent on receiving an ESGP grant award, please discuss this in the narrative
section of the Project Description.
3. Public Law 101-645 of 1990 revised the limits on the amount of ESGP funds that the
state can provide for essential services and homelessness prevention activities. The
total aggregate amount allowed under the state's ESGP allocation may not exceed
30% on essential services and 30% on homelessness prevention activities. These
limits do not strictly apply to individual grant amounts, but are taken into account
when funds are initially obligated and must be considered throughout the year when
amending contracts.
4. The narrative must not exceed 10 pages for proposals involving one or two
organizations, or 15 pages for proposals involving three or more organizations (see
Narrative Outline instructions).
VI. ELIGIBLE ACTIVITIES
Eligible activities under the Emergency Shelter Grants Program are described in 24 CFR
576.21 (54 Fed. Reg.; 46801; November 7, 1989). A copy of this rule is included in the
RFP Packet. ESGP GRANT AMOUNTS MAY BE USED FOR ONE OR MORE OF THE
FOLLOWING ACTIVITIES RELATING TO EMERGENCY SHELTER FOR THE
HOMELESS:
A. Renovation, major rehabilitation, or conversion of buildings for use as
emergency -helters (any facility whose primary purpose is to provide temporary or
transitional shelter for the homeless). TDHCA is encouraging, in addition to
proposals for temporary emergency shelter, proposals designed to provide innovative
approaches for providing emergency and transitional housing for homeless persons.
Transitional housing means a project that is designed to provide housing and
appropriate essential services to homeless persons in order to facilitate the
movement of homeless individuals or families to independent living within 24 months.
Any renovation, major rehabilitation, or conversion activities must comply with local
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government safety and sanitation requirements of section 50 r
Act of 1973, as amended, as provided in 24 CFR R23 (a) or (b). (See Federal
Register Vol. 53; No. 106: June 2, 1988; p. 20233.)
B. Provision of essential services to the homelesr sential services include
services concerned with employment, health, drug ; and education and may
include (but are not limited to):
(a) Assistance in obtaining permanent housing;
(b) Medical and psychological counseling and supervision;
(c) Employment counseling;
(d) Nutritional counseling and food;
(e) Substance abuse treatment and counseling;
(f) Assistance in obtaining other Federal, State, and local assistance
including mental health benefits; employment counseling;
medical assistance; Veteran's benefits; and income support
assistance such as SSI, AFDC, and Food Stamps;
(g) Other services such as child care, transportation, job placement,
and job training; and,
(h) Staff salaries necessary to provide the above services.
("staff salaries" are defined as wages and fringe benefits, as described by
applicant's personnel policies.)
Salary of staff whose tobiLduty is the provision of essential services is an
eligible ESGP expense. The proposal must Include a job descrip1&n for any
position to be paid in full or In part with ESGP funds under this category.
The applicant must document that each proposed essential service represents anew
service or a quantifiable Increase In the level of service above that which was
provided during the previous 12 months using 'local funds provided by the unit of
general government in which the proposed activities are to be located,
'local funds are defined as any locally generated tax revenue.
C. Payment of maintenance, operation (staff cost (except that operation staff cost
cannot be more than 10% of each grant), rent, repair, security, fuels and equipment,
insurance, utilities), and furnishings. Note: The 10% limit on operation staff costs
does not affect the allowability of essential services staff salaries.
0. Developing and Implementing homelessness prevention activities.
1. If grant funds are used to provide homelessness prevention assistance, the
following conditions roust be met:
a. the inability of the 'family to make the required payments is due to a
suddei reduction in income;
b. the assistance is necessary to avoid the foreclosure, eviction, or
termination of utility services;
C. there is reasonable prospect that the family will be able to resume the
payments within a " reasonable period of time; and,
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d. the assistance does not supplant funding for p ago _
prevention activities from any other sources. I,
'(A group of two or more persons related by blood, marriage, or adoption who
reside together. Family also may include a one person family.)
*TReasonaVe period of time" means a period of time determined by the
recipient and applied consistently to all clients receiving homelessness
prevention services.)
2. homelessness prevention activities may include, but are not limited to:
a. Short-term subsidies to help defray rent and utility arrearages for families
that have received a notice of foreclosure, eviction, or termination of utility
ser, ices;
b. Secunty deposits or first month's rent to enable a homeless family to
move into its own apartment;
C. Mediation programs for landlord/tenant disputes;
d. Programs to provide legal services for the representation of indigent
tenants in eviction proceedings;
e. Payments to prevent foreclosure on a home; and
f. Other innovative programs 2nd activities designed to prevent the
incidence of homelessness.
3. TDHCA will accept proposals which include homelessness prevention as a part
of the project or as the sole activity cf a project.
4. Any proposal containing homelessness prevention activities must
describe the type{s} of activities to be undertaken and must contain a
specific and detailed Implementation plan (i.e., who will provide the
homelessness prevention activities; what criteria will be used to determine who
will receive assistance; method for determining if the homelessness prevention
assistance applicant meets the guidelines set forth under #D.1. of the eligible
activities list in this section: etc.).
5. Homelessness prevention services may be offered to a family only if Its
annual Income Is at or below the poverty line for their family size as
established by the U.S. Department of Health and Human Services' Poverty
Income Guidelines (see Attachment 1), in addition to the restrictions set forth in
576.21 (a)(4)(ii).
VII. INELIGIBLE ACTIVITIES
Emergency shelter grants may not be used for activities other than those described in
Sec. VI above. Grant amounts may not be used for new construction. Grant amounts
may not be used to renovate, rehabilitate, or convert buildings owned by primarily
religious organizations or entities unfess the conditions of 24 CFR 576.22(b) are met.
(Also, see Attachment G.) The requirements of 24 CFR 676.22(b)(2) do not apply to
projects limited to essential services, maintenance/operations, and homelessness
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prevention. However, 576.22(b)(1) does apply to all project a ti
primarily religious organization.
VIII. CONTRACT AMOUNTS
TDHCA has established a minimum of $30,000 and a maximum of $100,000 per project
for ESGP grants. A city of county may apply for up to $100,000 for each project included
in the city's or county's proposal. Cities or counties receiving an ESGP contract will
receive administrative assistance in an amount of up to 5% of the ESGP funds obligated
by TDHCA. ESGP entitlement cities and counties (those receiving ESGP funds directly
from HUD) that are awarded an ESGP grant from TDHCA will only be awarded the
amount represented by the difference between the applicable TDHCA maximum less
their HUD allocation. This restriction does not apply to private nonprofit organizations
located in ESGP entitlement cities or counties.
If two or more nonprofit organization are submitting a combined application, each
nonprofit may apply for up to the maximum $100,000 per project. One of the nonprofit
organizations or a nonprofit coalition must take the lead role as contractor.
All projects should be planned for a maximum of 12 months. TDHCA reserves the
right to negotiate the final grant amounts and local match with all applicants to ensure
judicious use of these funds. All grant amounts must be obligated no later than 180
days after the grant award from TDHCA.
IX. LOCAL MATCH REQUIREMENT
As per 24 CFR 576.71, each grantee must supplement its ESGP grant amount with
an equal or greater amount of match funds from sources other than ESGP funds,
These match funds must be provided after the date of the grant award. Federal funds
may not be used to match ESGP funds except for Community Services Block Grant,
Emergency Communi _Services Homeless Grant Program, Community _Dev W!nent
Block Grant, and HOME funds. Some of the funds received from slate agencies are
actually federal funds. You must determine the identity of the funds before proposing to
use them as match for ESGP. Matching funds used for this ESGP project may not
be used to match any other project or grant.
In calculating the amount of supplemental match, there may be included:
1. the value of any donated material or building. The fair market value of the
building may be used as match only if the building was donated for the activities in
your ESGP proposal and is not currently being used for the activities included in the
proposal. If you are using the fair market value of donated property as match,
submit documentation from the appraisal district, an appraiser, or Realtor and
information relating to the donation of the building, including when the building was
donated and for what purpose, current use of building, whether it is used to serve
homeless persons, and for how long has it been used for its current purpose.
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2. the value of any rent or lease on a building. The fair market rental or lease value "
of the building, based on 12 months or the proposed length of the project, may be
used as match. (If you are using the fair market lease or rent value as match,
please submit a letter from the appraisal district, an appraiser, or Realtor that
specifies location of building, square footage, amount it would (ease or rent for per
square foot, and the total lease or rent value).
3. any salary paid to staff of the recipient in carrying out the emergency sheiter
program. (If you are using any staff salaries as match, submit information stating the
positionititle, their annual salary, the percentage of their time dedicated to ESGP
grant activities, and the amount of their salary that will be used as match).
4. the time and services contributed by volunteers to carry out the emergency
shelter program, determined at the rate of $5 per hour.
X. REQUIRED USE OF BUILDINGS AS A SHELTER
Major rehabilitation or conversion activities, where rehabilitation or conversion
involves costs in excess of 75% of the value of the building prior to rehabilitation or
conversion, requires that the facility be maintained as a shelter for the homeless for not
less than a 10 year period.
Renovation, defined as rehabilitation that involves costs of 75% or less of the value of
the building before rehabilitation, requires that the facility be maintained as a shelter for
the homeless for not less than a 3 year period.
An ESGP recip!ent using program funds to provide essential services, maintenance
and operating costs, or homelessness prevention activities must carry out the
assisted activities for the period during which ESGP assistance is provided
XI. ENVIRONMENTAL REVIEW
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The 1988 McKinney Amendment Act revised the environmental review procedures for
assistance under Title IV of the Act, including ESGP, by making applicable the provisions
of, and regulations and procedures under section 104(g) of the Housing and Community
Development Act of 1974 (42 U.S.C. Sec, 5304 (f). The regulations are codified at 24
CFR Part 58. (Also, see 24 CFR 576.52, included in this RFP,)
Funds may not be obligated or expended for rehabilitation activities (see definition in
576.3) in projects that have not been environmentally cleared. For ESGP funds
distributed by the State to units of general local government, the unit of general local
government must assume the environmental responsibilities specified in section
5304(f)(1) of the Housing and Community Development Act of 1974. The State will be
responsible for prowaing a release of funds in accordance with the requirements of 24
CFR Part 58. For funds distributed by the State to nonprofit organizations, the State
must assume the environmental responsibilities specified in section 5304(()(1) of the
Housing and Community Development Act of 1974. HUD will provide the release of
funds in this instance. In either case, funds may be obligated or expended only after the
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Request for Release of Funds and Certification of Co D*
Regulations at 24 CFR Part 58 have been approved in writing.
The ESGP RFP packet includes a Preliminary Environmental Review Checklist
(Attachment F) which is designed to assist TDHCA in determining the level of
assessment recessary to meet the requirements of 24 CFR Part 58. Projects will be
determined as: (1) exempt; (2) categorically excluded from NEPA requirement; (3)
environmental assessment required; or, (3) projects requiring environmental impact
statements.
If the project contains renovation, major rehabilitation, or conversion, the authorized
r signatory for the organization may complete and sign this checklist. (If the Chief Elected
Official of the city or county in which the activities will occur has agreed to assist with the
environmental review requirements, they may complete and/or review and sign the
checklist.). If your organization receives an ESGP grant award containing funds for
rehabilitation, and the Chief Elected Official of the city or county in which the
activities will occur has agreed to assist with the environmental review
requirements, a final environmental review checklist must be completed and
signed by the CEO or their designee (mayor, city manager, assistant city manager,
city or county community development or human services director, or county
judge). This final environmental checklist, along with additional material necessary to
release rehabilitation funds then must be submitted to TDHCA.
A previous environmental review may be adopted if TDHCA determines that no
environmentally significant changes occurred since the review was done. Please specify
this intent in the narrative of your proposal and, if possible, submit a copy of the prior
environmental review.
All proposals from private nonprofit organizations that contain renovation, major
rehabilitation, or conversion projects must contain documentation that the private
nonprofit organization hes requested the Chief Elected Official (or their designee)
of the city or county in which the project will be located to assist the Texas
Department of Housing and Community Affairs with the environmental review
requirements. As per 24 CFR 576.52(b)(3), the cooperating local government may
conduct the environmental review and TDHCA would independently evaluate the
information submitted and subsequently assume all NEPA responsibilities.
Preference points will be given to any proposal submitted by a private nonprofit
organization documenting that the city or county in which the proposed activities will
occur has agreed to assist TDHCA with the environmental review responsibilities on
behalf of that private nonprofit organization.
X1 1. REPORTING REQUIREMENTS
Each recipient will be required to submit: (1) monthly Financial Status Reports; (2)
Monthly Performance Reports; and (3) other reports which may be deemed necessary by
TDHCA. Information on the format and due dates of required reports will be provided to
recipients at a later date.
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XIII. SELECTION PROCESS
TDHCA utilizes a statewide competitive Request For Proposal (RFP) process to obligate
its ESGP allocation. TDHCA has distributed the RFP packets to organizations
requesting it, including cities, counties, and private nonprofit organizations.
In FY 1996, ESGP funds will be distributed based on 11 TDHCA service req': ns (See
Attachment K). A portion of the total funds available will be reserved for each of the 11
service regions based on the poverty population of each region (i.e. Region 1, with
4.55% of the State's poverty population, gets 4.55% of the available funds, etc
Poverty population will be used due to the absence of a comprehensive homeless
census.
Proposals will be grouped, reviewed, and evaluated according to region. The review
instrument, which is based on the RFP, will allow each reviewer to determine if the
proposal contains all the required items, and to score each question based on
consistent criteria. Proposal scores will then be averaged, and applicable preference
points will be added to the averaged scores. The proposals will then be ranked by score
within each region.
TDHCA will determine the number of proposals that can be funded based on the
amount of funds available for distribution within each region, and the amount of funds
requested by the top-ranking proposals within that region. The funding
recommendations will be reviewed and approved by the Community Services Section
Program Manager, the Director of Administration and Community Affairs Division, and
finally, the Executive Director of TDHCA.
Factors to be considered In the review of each proposal include, but are not
limited to:
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A. Documentation of the nature and extent of the unmet needs of homeless persons in
the area to be served;
B. Applicant's experience in providing services to meet the emergency needs of
homeless persons (including documentation of fiscal accountability);
C. The extent to which proposed activities meet the identified needs;
0. Applicant's ability to cant' out proposed activities.
The criteria for awarding preference point3 in the FY'96 obligation process include:
A. Proposals received from non-entitlement areas;
B. Proposals received from cities or counties;
C. Proposals documenting that at least one member of the Board or other governing
body of an organization is a homeless or formerly homeless person; and
D. Proposals from private nonprofit organizations that include documentation that
officials of the city or county in which the assisted project will be located have agreed
to perform the environmental review responsibilities on behalf of that private
nonprofit organization.
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PART B. RFP DEVELOPMENT INSTRUCTIONS AND FORMS
1. PROPOSAL CONTENT AND FORMAT
Each proposal must contain the items listed below in the following order:
A. Cover letter on agency/organization letterhead, including contact person(s) and
telephone number, and fax number.
B. Standard Form 424 (Attachment A). Complete only the following sections:
2,5,7,12,14,15a & g, 17, and 18. NOTE: The person signing this form must be
the authorized signatory for ESGP contract, if awarded.
C. Table of Contents (must include page numbers).
D. Numbered pages for the narrative and required documents of the proposal
(excluding the audit).
E. Proposed Use of Funds Form (Attachment C).
F. Project Narrative (10 page limit)
G. Photographs - Include required photographs at the end of project narrative. Provide
photographs of at least two sides of the facility from which assistance is provided.
include at least one set of original photo s. If requesting funds for renovation or
rehabilitation, submit photographs of the areas to be rehabilitated.
H. Table 1 - Description of Activities (Attachment 0-1).
1. Table 2 - Match Funds (Attachment D-2).
J. If proposal includes renovation, major rehabilitation, or conversion activities,
the following items must be Included:
i . Preliminary Environmental Review Checklist (Attachment F).
2. A copy of appraisal of property to be affected. Any reasonable method for
determining property value is acceptable. Examples of no cost or low cost
appraisals include city or county tax appraisal or a broker's price opinion based
on sales of comparable properties in the area.
3. A copy of the flood plain map. Include the panel number and indicate the
location of the project,
4. A letter from the Texas Historical Commission regarding the historical
significance of the facility or a copy of a letter to the THC requesting clearance. A
copy of the letter requesting clearance is acceptable to meet the deadline
requirement If your organization is awarded ESGP funds, please forward THC
response to our Department When requesting clearance from the Texas Historical
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Commission, include any written information regarding
at least two sides of the structure. Address your letter to: Curtis J. Tunnell,
Executive Director, Texas Historical Commission, Post Office Box 12276, Austin,
Texas 78711, 5121463-6100.
K. If you area Private Nonprofit organization, you must submit:
i. Certification of city or county approval of project. (Attachment B);
2. Currently effective Internal Revenue Service (lRS) ruling providing tax-exempt
status under SEC. 501(c)(3) of the IRS Code; and,
3. List of Board members with information on length of term, frequency of Board
meetings, and attendance figures for previous 12 months. it is optional for your
organization to provide information on profession, gender, ethnicity, and age of
Board members. (Note: Prsference points wit! be given to organizations applying
for ESGP funds that have at least one homeless or formerly homeless person on
the Board or other governing body of the organization. A private nonprofit
organization should state in their narrative that they have a homeless person(s)
on their board and may identify the homeless or formerly homeless Board
member in the list of Board members submitted with your proposal.)
4. If the proposal contains renovatisn. major rehabilitation, or conversion activities,
documentation that the private nonprofit organization has requested the
CEO of the city or county in which assisted project will be located to assist
TDHCA with the environmental review requirements as per 24 CFR
576.52(b)(3). (See Part A. Section XI.)
L. ESGP Applicant Certifications (Attachment E-1 and E-2).
M. Documentation of rracal accountability - (1) one copy of the most recent audit
conducted; and, (2) eiti r documentation of a current Fidelity Bond or a letter of
commitment to obtain the same prior to execution of a contract. If your organization
has never had an audit conducted, include a letter of explanation and a statement of
income and expenses and balance sheet for the past year of operation. All
organizations submitting an ESGP proposal that have been audited in the past must
submit a copy of the most recent audit with the ESGP proposal, even if a copy of that
audit currently is on file at TDHCA.
N. If applicable, Contractual Agreement Between Recipient and Religious
Organizations - (Attachment G).
0. Previous ESGP Funding Form (Attachment J) specifying previous ESGP funds
received from the State, either directly or through subcontract with a city or county.
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11. PROJECT NARRATIVE INSTRUCTIONS DAM
The following outline must be used when developing the narrative portion of your
proposal. The proposal narrative must provide all the information requested, when
applicable, and follow the order of the outline. The narrative should be formatted with one
inch margins and double spaced on 81/2"X 11" paper. Font size may be no smaller than
10. The narrative must not exceed f0 pages for proposals Involving one or two
organizations, or f5 pages for proposals Involving three or more organizations.
1. DESCRIPTION OF APPLICANT ORGANIZATION
A. Description of Organization and Services Provided
1. Provide a general description of your organization.
2. Describe staff experience and education.
3. Describe current services:
a. Type of services provided.
b. Number of persons served.
c. Target grot i(s) currently served.
d. Cities and/or counties served by your organization.
e. Bed space of your organization's shelter, if applicable.
4. Describe any restrictions (formal or informal policy or procedures) imposed
by your organization on the provision of services and the basis for these
restrictions.
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5. Provide any other pertinem organizational information.
B. Continuum of Care and Transitional Services
1. Describe your organization's participation in any local homeless coalition,
social services coordinating council, development of the HUD-required
Consolidated Plan or similar document, and/or development of a "continuum
of care" plan for the community in which your services will be delivered
through this ESGP project
2. Describe how your organization coordinates services and resources with
other service providers in the area.
3. If applicable, describe and document the effectiveness of your
organization's transitional programs/services which assist homeless persons
achieve self-sufficiency,
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C. Previous ESGP Funding Agenda turn
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1. Describe the services provided with previous ESGP funds from TDHCA (or
TDCA).
2. Describe how previous ESGP funds have improved or increased your
services.
3. Describe new sources of funds accessed or developed during previous
ESGP funding period(s) and efforts made to access or develop funding
sources in the absence of future ESGP funding.
It. UNMET NEED
A. Describe the nature and the extent of the unmet need for services for homeless
perscrls in the area to be served.
6. Please complete the following list of information. This will assist TDHCA in
assessing the nature and the extent of the unmet need for services for homeless
persons in the area to be served. Provide the most current and available
information that is applicable and state your sources.
1. Estimates on the number of homeless persons:
2. Previous homeless studies:
3. Inventory of existing shelters:
4. Available bed space in your community:
5. Number of shelters serving the target group(s) served by your organization:
6. Housing authority information: of Section 8 certificates and or vouchers,
housing autho0y units, number of persons on waiting list, etc.):
7. Other affordable housing available in the community:
8. Local welfare statistics:
9. Local unemployment data
Ill, PROJECT DESCRIPTION: (Proposed Use of ESGP Funds)
A, Provide a summary description of your proposed project.
1. identify any target group(s) to be served.
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2. Describe activities and cost estimates and basis for A o
activity. If requesting funds for renovation, major rehabilitation, or
conversion, project description must include current appraised value of
facility. This figure must be consistent with the documentation provided in
Part B - I. J. 2.
1 If requesting funds for rehabilitation, include discussion of abatement of
lead-based paint andlot asbestos, if applicable. Specify if the proposal
contains a certification from a city or county that they will assist with any
required environmental review. Also, include documentation on when the
facility was constructed and note the construction date in your narrative.
4. If requesting essential service funds, document that the service is a new
service or a quantifiable increase in the level of service that was provided
locally during the previous 12 months.
5. For homelessness prevention requests, describe the implementation plan.
6. Specify any potential subcontractors that you are planning to use to deliver
services to homeless persons, and their proposed activities.
B. Narrative must include a description of source(s) of match funds consistent with
table D2. Note - Only the following federal funds are allowable match for ESGP:
Community Services Block Grant, Emergency Community Services Homeless
Grant Program, Community Development Block Grant, and HOME funds.
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C. Describe how your organization will involve homeless families and individuals in
renovating, maintaining, operating, and providing services to shelter residents.
D, Describe how and to what extent the proposed activities will enable your
organization to meet the unmet need for adequate services for homeless
persons in the area to be served.
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CITY OF DENTON, TEx 4S MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPNONE (817) 566.8307
O,Yce of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Acting City Manager
DATE: January 12, 1995
SUBJECT: A Resolution Of The Council of the City of Denton, Texas
Declaring Its Support As A Sponsoring Agency For "A
Vision For Denton - The 21st Century"; And Providing An
Effective Date
RECOMMENDATION:
Staff recommends the adoption of this resolution.
BACKGROUND:
On April 27, 19930 the City Council approved Resolution No. R93-
024, expressing its willingness to become a sponsoring agency for
"A Vision For Denton - The 21st Century" and offering commitments
to support cite. project. This action was in response to the
perceived need by several orgari,'ations that it was important to
establish a consensus about what type of community Denton should
become and ~snite to achieve this vision. Rather than allow chance !
to dictate the future, the City along with the Chamber of Commerce,
Denton Independent School District, Denton Record Chronicle, Texas
Woman's University, the University of North Texas, and the United
Way of Denton county agreed to serve as sponsors of the project.
It was determined that a community wide effort based on active
citizen participation would lead to the creation of a vision for
Denton, initiate action to promote the vision, and develop and
implement action plans to assure its completion. Accordingly,
following a general kickoff on October 24, 1993 at Ryan High
School, citizens from across the community dedicated the next 24
months to that cause. The outcome of this effort: is a focused
strategic plan designed to achieve the vision and ensure Denton
charts a steady course as it moves into the 21st century.
SUMMARY:
On December 12, 1995, the Vision Project Cabinet unanimously
approved the "strategy boards" documenting the action teams,
"Dedicated to Quality Service"
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initiatives, and corresponding challenges and time 1 ne or
completion of the various projects. Further, the Cabinet asked
each of the seven sponsoring agencies to affirm their support for
the final concept plan by official action of that organization.
Consequently, Staff has prepared a resolution acknowledging the
efforts of the citizens of Denton and pledging the City's support
and active participation.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED:
Citizens of Denton.
FISCAL, IMPACT:
None. Staff time associated with the various projects is a
function of the City's involvement as a sponsoring agency. Other
costs associated with the project are included the Blue Ribbon CIP
Committee bond recommendations presented to Council on Decenber 19,
1995.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Rick Svehla
Acting City Manager
Prepared by:
Jose Portugal
Assistant to the City Manager
Attachments: 1. Resolution
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RESOLUTION NO.
A RESOLUTION OF THE COUNCIL OF THE CITY OF DENTON, TEXAS DECLARING
ITS SUPPORT AS A SPONSORING AGENCY FOR "A VISION FOR DENTON - THE
21ST CENTURY"; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, on April 27, 1993, the City Council approved Resolu-
tion No. R93-024, expressing its willingness to become a sponsoring
agency for "A Vision For Denton - The 21st Century"; and
WHEREAS, this action was in response to the perceived need by
several organizations that it was important to establish a
consensus about what type of community Denton should become; and
WHEREAS, the City along with Chamber of Commerce, Denton
Independent School District, Denton Record Chronicle, Texas Woman's
University, the University of North Texas, and the United Way of
Denton County agreed to serve as sponsors of the project; and
WHEREAS, it was determined that a community wide effort based
on active citizen participation would lead to the creation of the
vision; and
WHEREAS, a general kickoff was held at Ryan High school on
October 24, 1993, and attended by over 400 citizens who dedicated
the next 24 months to this cause; and
WHEREAS, on December 12, 1995, the Vision Project Cabinet
unanimously approved the "strategy boards" which outline the
conceptual vision plan and asked that the sponsoring agencies
affirm the support by official action; and
WHEREAS, on December 19, 1995, the Blue Ribbon CIP Committee
submitted to the Council a bond program which funds in part
elements of the vision project; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton affirms its support of the
vision project action plan and pledges its ongoing support.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
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Apemda Item hnAL& Date i''
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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DATE: January 16, 1996
CITY COUNCIL REPORT
REGULAR SESSION
TO: Mayor and Members of the City Council
FROM: Rick Svehla - Acting City Manager
SUBJECT: Resolution Establishing a Diversity Task Force
RECOMMENDATION:
The City Council desires to adopt a resolution establishing a
Diversity Task Force designed to study and report to the City
Council on specific issues related to workforce and community
diversity.
SUMMARY
The Council recognized and acknowledged the importance of
diversity and have been considering the establishment of a task
force. The Council had made a commitment to study the issues
surrounding diversity in January, 1996.
To ensure the challenges of these issues were fully explored, the
City Council participated in a workshop on January 8 and 9, 1996,
with Dr. Richard Lewis, an outside facilitator who is extremely
knowledgable and experienced in workforce and racial diversity
issues.
The results of the Council's workshop are shown in Attachment I.
Of significance is the mission statement:
"The City of Denton strives to capitalize on the contributions and
interests of individuals from diverse backgrounds to enhance its
mission, operations, and delivery of services. We will foster
fairness and equal access for all employees and citizens."
With this mission statement, the Council desires to set a
direction for the establishment of an 18 member task force to
study selected diversity issues and provide solutions and
recommendations to the Council.
In order for this task force to function in the same positive and
constructive fashion as the Council has in addressing these
issues, it is the Council's desire to retain the services of Dr.
Richard Lewis to work with, guide, and facilitate the work of the
task force.
1
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January 16, 199b
City Manager Report to City council - Diversity Task Force
Page 2
PROGRAM DEPARTMENTS OR GROUPS AFFECTED:
The Diversity Task Force will examine selected issues from the
Major Diversity Issues shown in Attachment I.
FISCAL IMPACT:
The anticipated cost for Dr. Richard Lewis' services is estimated
to cost approximately $1,000 plus travel expenses for each
session with the Diversity Task Force. The estimated total cost
for the Phase I work of the Diversity Task Force is not
anticipated to exceed $10,000.
Respectfully submitted:
Rick 4Svehla _
Acting City Manager
Prepared by:
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Thomas W. K in k
Director of Human Resources
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ATTACHME14T L
CITY OF DENTON
DIVERSITY TASK FORCE DEVELOPMENT
January 8 - 9, 1996
MISSION
The City of Denton strives to capitalize on the contributions
and interests of individuals from diverse backgrounds to enhance
its mission, operations, and delivery of services. We will foster
fairness and equal access for all employees and citizens.
MAJOR DIVERSITY ISSUES
4 Workforce issues
♦ Hiring and promotion issues
♦ Diversity hiring issues
Relationships between police and community
♦ Language issues
♦ Disciplinary issues
4 Race relations in the community and city
♦ University student issues
♦ Pay and pay increase issues
Contracts and bidding policies
STRUCTURE OF THE TASK FORCE
18 members, 14 appointees and 4 city employees
TASK FORCE OBJECTIVES
1
0 Coordination between the taskforce and the city's Workforce
Diversity Committee
• Study selected diversity issues and provide solutions and
recommendations
♦ Recommendations should be suitable for addressing through the
organization structure
4 Completion of Phase I should take 6-9 months
APPOOA69
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` RESOLUTION NO.
4 A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DIVERSITY TASK
FORCE; AUTHORIZING THE EXPENDITURE OF FUNDS TO SECURE THE PROFES-
SIONAL SERVICES OF A FACILITATOR; AND PROVIDING AN EFFECTIVE DATE.
' WHEREAS, the City Council participated in a workshop on
diversity and developed the following mission statement:
"The City of Denton strives to capitalize on the contribu-
tions and interests of individuals from diverse backgrounds
to enhance its mission, operations, and delivery of
services. We will foster fairness and equal access for all
employees and citizens"; and
WHEREAS, the City council desires to establish a Diversity Task
Force of citizens and employees representative of the diversity in
the community; and
WHEREAS, such task force will comprise eighteen members
organized as follows:
- two citizens appointed by each City Councilmember and the
Mayor, for a total of fourteen citizen members,
- four city employees appointed by the City Manager
or Acting City Manager; and
WHEREAS, such task force will operate pursuant to the above
mission statement, and will be initially charged with the following
purposes:
1. study selected diversity issues and provide solutions and
recommendations to the City Council,
2. such recommendations should be suitable for addressing
through the organization structure,
3. coordination will occur between the City's work force
diversity committee and this task force,
4. completion of this first phase I shoiild take approximately
six to nine months, NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION A. The City council hereby establishes a Diversity
Task Force Com,nittee with a mission to capitalize on the contribu-
tions and interests of individuals from diverse backgrounds to
enhance its mission, operations, and delivery of services,
comprising eighteen members, fourteen of whom will be citizen
appointees and four of whom will be city employee appointees.
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SECTION 11. The City Council, recognizing the value of having
an outside expert and facilitator assist this task force with its
work and development of its recommendations, authorizes the City
Manager to expend funds within his purchasing authority to secure
these professional services, pursuant to a contract approved by the
City Attorney.
PASSED AND APPROVED this the day of , 1996.
BOB CASTLEBERRY, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
1
PAGE 2
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CITY OF DENTON TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307
Office of the City Manager
MEMORANDUM
TO: Rick Svehla, Acting City Manager
FROM: Betty Williams, Executive Secretary
DATE: Januury 16, 1996
SUBJECT: Wall of Honor
According to the established procedure, letters commending city employees for quality service
which are displayed on the Wall of Honor were replaced on January 5, 1996. Attached are
copies of new letters which will be exhibited for the next three months. The letters taken down
will be placed in a scrapbook which is maintained by the City Manager's Offi,e.
We wish to extend our congratulations to each of these employees on their excellent efforts to
serve the citizens of Denton.
Bet Willi s
Executive Secretary
AMM006DA
'Dedicated to Quality Service'
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~Qe^d3 t er'
WALL OF HONOR °i~
January S, 1996
Charles Watkins, Superintendent, Solid Waste
Mike Perkins, Supervisor, Solid Waste (2)
Robert Barzanno, Crew Leader, Water & Sewer Field Services
William Williams, Utility Tech I, Water & Sewer Field Services
Thomas Looper, Utility Tech I, Water & Sewer Field Services
James Templin, Maintenance Worker I, Water & Sewer Field Services
Keith Klootwyk, Maintenance Worker I, Water & Sewer Field Services
Susan Bradley, Animal Control Attendant
Ed Hodney, Director of Parks & Recreation
Myra Anderson, Supervisor, Recreation Center, Parks & Recreation
Mike Harrell, Captain, Fire Department
Charles Brockett, Driver, Fire Department
Jeff Dixon, Firefighter, Fire Department
Mike Bell, Acting Driver, Fire Department
Alton Tew, Firefighter, Fire Department
Fire Department, "C" Shift
Duane Hymes, Utility Tech I, Water Meter Shop
Ronald Choice, Water Meter Mechanic I, Water Meter Snop (2)
Betty Glasscock, Utility Dispatcher
Mike Gorder, Utility Line Tech, Electric Distribution
Mary Cresson, Librarian/Adult Services
James Thomason, Deputy Fire Chief
Nelda Nance, Librarian
Donna Gulley, Library Clerk
Kathy Watson, Library Clerk
t Sean Ponder, Engineering Tech II, Water Engineering
Brent Anderson, Electrician, Electric Metering/Substations
Sherry Carr, Electrician Tech Apprentice, Electric Metering/Substations
John Coppage, Utility Service Worker, Electric Metering/Substations
Jane Jenkins, Main Street Coordinator
Adan Perez, Residential Driver, Solid Waste
Edwin Orozco, Maintenance Worker I, Solid Waste
Hector Zumalacarregui, Maintenance Worker 1, Solid Waste
Bill Sangster, Engineering Tech. II
Bobbie Morris, Lead Utility Line Tech., Electric Distribution
Wes Gideon, Lead Utility Line Tech., Electric Distribution (2)
Bill Cornell, Lead Tree Trimmer, Electric Distribution
Cruz Torres, Tree Trimmer, Electric Distribution
Betty Williams, Executive Secretary, City Manager's Office
Amanda Green, Recreation Specialist I, Parks & Recreation
David Ayers, Transportation Manager (2)
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Wall of Honor
lanuaiy S, 1996
Ralph Harpool, Foreman, Electric Distribution
Bryan Corbin, Utility Line Apprentice, Electric Distribution
Richard Carrillo, Utility Line Apprentice, Electric Distribution
Jeny Clark, Director of Engineering/Transportation
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Construction Equipment and Public Works Training Division 4D LAgon1it
to 291 x
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Teas Engneermg E.;~; s.on S rwce ?rye Texa; A3k1 Un,,ers,ry System of e e a
9 t
September 8, 1995
Mr. Howard Martin
Director Of Evironmemal Services
City of Denton
901 A 'texas St.
Denton, TX 76201
D, ar Mr. Manin:
Charles S. Watkins recently completed our "A" Solid Waste Certification Course.
Charlie was very involved and participated in our class discussions and exercises. 1
cotrnnecd him to you for this participation, and your interest to see him gain all the
Ceftifiedtions Possible.
'Che Solid Waste Professional of today must be well trained and dedicated. I
cormnend you for ?flowing him to enhance his skills. It tells me and those you sen'e
that you only want rite best trained people for your operation.
Charlie made a commitment to take certain personal and job actions to apply the
material learned. I strongly encourage you to discuss these with Charlie and support
him in this effort, Also. Charlie made a commitment to review this material in a
few months to maximize the training received. Please encourage this effort because
you and your organization will be the principal beneficiaries to this effort.
We at Texas E:ngirKering Extension Service, and in particular our Solid Waste
Matlagerrew Prog,ranr, hope to assist you in future training. Feel free to call me if
you have any Solid Waste suggestions or questions at (210) 227-8217.
Yours truly,
frank R. Kioihassa. 11 E,
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'olid Waste Management Program Manager
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S11" lf'OOD MODIL E HOME PARK -
3750POC'KRUS'PAGGROAD AYI i
DGNTON, TEXAS 76101
Scplciubcr 17. 1995
Mr. Lloyd 11cmld. City Manager
City of Denton
9U! Texas Si.
Denim TX 76211
1 would personally like to thank and commend your Solid Wasle sualTfor resolcing some unique and on
going problems ti%c Wcre oipericncing at the Sherwood Mobile Home Park..
Mr. Perkins and Ms. Ferguson arc extremely professional and dcdicalol in representing the City of
Dernlon and ser%iciug Muir accounts.. They Wcre available aen after working hours to make sure things
were done to their high stand. rds and in a limcly manner.
1 look fomard to Working wish }our staff and the City of Demon in [lie future.
Sinccrcly.
Sheldon Bromberg
cc Mr. Charlie Watkins. Supervisor
Mr, Mike Perkins
his Pamela Ferguson
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David Gilmore was having
water problems 'st his home:
He called the Denton Water
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came out to the problem.
The represen discovered that
W. Gilmore's di~04ties were
originating bol inside his home
and not the city water lines.
However, the employee, Ronald
j9yoe, came into Mr. Gilmore's
hose and helped him correct the
blem.
R would like to thank Ronald
Joyce of the water department;
Mr. Gilmore said.
■
National Make•A•Differenoe
Day is Saturday, Oct. 28, and is
sponsored locally by Leadership
Denton Alumni. Please call
6654690 if you want to help
make a difference.
• To m4arm a Owd Dq fie= ua TeM
►tano .e 1a 17~ 3e1.9650, or - owd oq.
Dvi on Rtm~dPva+kie, P.O. Bo: 380,
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Correction 'q, PS
City water department
employee Ronald Choice came to
the aid of a Denton man recently
who was having water problems.
Mr. Choice's name was given to
the Denton Record-Chronicle
misspelled and was published in a
Wednesday brief describing his
efforts.
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CHAMBER OF ( ',T
COMMERCE
Ni}rytCiPAL SERYfC£S
October 4, 1995 ECDtiOVIC DEVEIOFN
Mr. Ed Hodney, Director
PARKS & RECREATION DEPARTMENT
City of Denton
321 East McKinney Street
Denton, Texas 76201
Dear Ed:
I would like to express my sincerest appreciation to you and the City of Denton Parks &
Recreation Department for helping the Denton Chamber of Commerce conduct a very
successful and enjoyable Barn Raisin' party, September 28, in the Civic Center.
In order for you to appreciate the true magnitude of our thanks, you need to understand that
this was a major fund-raising event, attended by almost 450 people, with the sole purpose
of securing cash to pay for significant improvements to the chamber building. Our original
plans proposed for this event to be held outside, which was quite a novel idea and easy to
visualize last July when it hadn't rained in weeks. Three days prior to the event, however,
unpredictable weather of all extremes made the Civic Center, and the fact that it was
available very appealing.
As a result of this move, we had to modify three months worth of acoustics, decorations and
logistics in three days. Except for me, the entire work force was made up of volunteers,
which can obviously be a challenge when trying to comply with public rules and policies,
From the very start, Myra Anderson was exceptionally cooperative, flexible and patient with
us. Believe me, we tested the limits of her tolerance, but she retained her composure and
continuously demonstrated professionalism. And, as is typically the case, there were plenty
of folks to help us set up; but the volunteer cleaning crew afterwards was limited in
numbers. Subsequently, I was most impressed to look out and see Myra personally helping
us sweep, haul off trash, stack chairs and fold up tables and risers,
Considering the awkward and confusing circumstances, Ayra and her can do attitude were
certa;nly instrumental in this project even taking place at all, much less being such a big
success. Again, we appreciate the City of Denton's overall spirit of cooperation.
Sincerely,
Charles W. Carpenter +r1c
President
ACCRIDITIED
414 PARKWAY , P.O. DRAWER P • DEMON TFxAS 76202 1719 • 18 1 71 38 2 9691 a c•.rw
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1019 Brittany
Denton, Texas 76201
September 23, 1995
Dear James,
i write today to tell you how great your EMS team is. I was at
Hodge Elementary yesterday when Medic 2 and Engine 4 responded to
the call regarding a motor vehicle-pedestrian incident. I had the
opportunity to observe the response team in action. As an emergency
nurse with a special interest in pediatric trauma and pediatric
life support, I know that young Tyler was treated with skill by
professionals.
They arrived to a scene of relative chaos with school staff
and the child's mother gathered. The team quickly assessed and
intervened to address the physical needs of his injury as well as
crowd control. Unfortunately, the media sometimes portrays EMS
systems as untrained in the area of pediatric crisis. I disagree
strongly in regards to our Denton Fire Department's EMS response
serving Tyler yesterday. A BIG THANKS to all concerned. I apologize
if any are left out, but I would like Alton Tew, Mike Bell, Mike
Harrell, Jeff Dixon, and Charles Brockett to know that I appreciate
their professional skill in that run. Thanks
incerely,
Doris Reeves, RN
Denton Regional
Emergency Department
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Robert E. Lee Elementary School
an
A Great Place to Grow"
Dalton Gregory, Principal 800 Mack Drive
Carolyn Coward, Librarian
Phyllis Hollinshead, AssLstant Principal Denton, Texas 76201 Donna Zelisko, Counselor
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October 12, 1995
City of Denton
Attn: Loyd Harell
215 E McKinney
Denton, TX 76201
To Whom It May Concern:
I'm writing in regard to one of your employees, Duane Hymes. 1 had t. problem
v jih water backing up from a drain that was stopped up. He came right out after I called
and corrected the problem. I had a similar problem in the past and they have been
corrected satisfactory. Mr. Hymes %vas an exception because he was extremely courteous
and I was very grateful for his assistance.
Mr. Ronald Choice came with him and he also was extremely helpful. 1 might add
this was an "after hours" call when some people might not be as courteous. Ina time
when service seems to have fallen by the wayside, it is very reassuring to know there are
still those who take their responsibilities seriously and do it with a good attitude.
Mr. Hymes and Mr. Choice. your attitudes were greatly aopreciated.
Thank you.
Glennis F. Hogan
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TEXAS WOMANOCT 25 1995
CITY `NTON UNIVERSITY
DENTONI -,3L LIBRARY DENTON/ DALLAS/HOUSTON
SCHOOL OF
LIBRARY AND
WORSI ATION STUDIES
P.O. Box 425438
Lknton, T% 76204.3438
Phone 817/848.2(+02
Fax: 817/896-2611
October 23, 1995
Ms. Mary Cresson
Emily Fowler Public Library
502 Oakland
Denton, Texas 76201
Dear Ms. Cresson,
You were a tremendous hit with the graduate students in my LS5643,
"Literacy Programs in Public Libraries" course Tuesday evening,
October 10, 19951 On behalf of the students and myself, please
accept our sincere appreciation for coming to campus and serving as
guest speaker concerning Project REAL at Emily Fowler Public
Library and the do's and don'ts of writing an LSCA Literacy Grant
proposal.
The students were particularly impressed with the depth of your
knowledge about literacy and with your enthusiasm for working with
new adult learners in a library setting. They were amazed that you
were able to find another sponsor for one of your literacy programs
the Methodist Church in Denton when funding from other
sources was unavailable. And, of course, they couldn't believe that
you could accomplish all your other job responsibilities and still
have time to devote to literary.
I am especially endebted to you because you provide such wonderful
handouts, bring a wealth of materials to share with us and fully
answer our many questions. The Library is certainly fortunate to
have someone with such dedication, energy, and experience among its
staff. You are a walking promotion for Emily Fowler Public Library
and Project REAL. My students will remember the Library in a very
positive light and no doubt will tell other aspiring library
professionals about your successful endeavors in literacy!
Thank you for your generosity and willingness to share your
expertise. we wish you continued success in your endeavors,
Sincerely,
Frances A. Dovd, PhD
Associate Professor
9 G'of'r. firrrx;r I4.hlr: !lrur, ij.v 1'rij,wrlly /r'r Women
An F.,pA Ufgnvhruf y',9 /lir malirt ,9cfi;n fn~jrli yrr
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P.O. BOX 719. DENTON. 7X 76202. (617) 387-6111 . FAX(817) 566 .5992
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October 23, 1995
Chief James Thomason
Denton Fire Department
217 W. McKinney
Denton, Texas, 76201
Dear Chief,
I wish to extend my sincerest thanks and commend you and your personnel
for their response and the cooperation displayed early Thursday morning,
October '9, during the fire at our mill. Each one of them, as well as every citizen
In the city of Denton should be proud of the professional manner in which they
handled the situation.
Needless to say, without the quick response we received, the damage could
have been much worse. All of our employees are thankful for that response in that
It will allow us a minimum of down time.
Please extend our most humble gratitude to those responsible for "a job
well done". The Denton Fire Department has once again distinguished itself as a
truly professional and efficient unit.
Sincerely,
THE MORRiSON MILLING COMPANY
Don R. Morris T
Chairman of the Board
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The Selwyn School
3333 University Drive West Denton, Texas 76207
Ph; 817.382-6771 Fast: 817-383-0704
Larry L'Heureux
' 25 October 1995 Headmaster
Nelda Nance,
Thank you so much for arranging for Kathy and Donna to work with us and
for taking the time to show us around the Library last Thursday and share with us
some of the research tools available We appreciate your time and your information.
It will make future trips to the library more productive.
Sincerely,
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The Selwyn School
3333 University Drive West Denton, Texas 76207
Ph: 817.382-6771 Fax: 817-383-0704
Larry L'Heureux
Headmaster
25 October 1995
Donna Gulley,
Thank you so much for working with us last Thursday and sharing with us
some of the research tools available We appreciate your time and your information.
It will make future trips to the library more productive.
Sincerely,
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The Selwyn School
3333 University Drive West Denton, Texas 76207
rh:817.3821,771 Far: 817.333-0704
Larry L'Heureux
III 25 October 1995 Headmaster
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Kathy Watson,
Thank you so much for working with us last Thursday and sharing with us
some of the research tools available We appreciate your time and your information.
It will make future trips to the library more productive.
Sincerely,
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Godfrey's Place Inn APAdaI
AHeart Healthy 1513 North Locust
Bed & Breakfast Denton, Texas 76201.3041 I
Marjorie and Dick Waters
November 16, 1995
Jane Jenkins, Preservation Officer i,i lv 17 1995
CITY OF DENTON, TEXAS
215 E. McKinney .
Denton, TX 76201
Dear Ms. Jenkins:
Yesterday's article in the Denton Record Chronicle entitled "Main
Street Efforts Win Statewide Honors" affirmed what Dick and I already
know, that is, you are a wonderful asset for the City of Denton.
We have also felt your delight and enthusiasm for Projects that are
not quite as spectacular but important to the related individuals our
thanks.
Looking forwaru to our upcoming meetings together and to other
fruits of your varied talents.
Regards,
NMarjorie and Dick Waters (and,of course, Godfrey)l
Agenda No. 1
Agenda Rem
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i11~ lauU 1995 i
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Mr. Lloyd Harrell, City Manager
City of Denton
215 E. Mckinney St.
Denton, Tx. 76201
Mr. Harrell,
I would like to take this opportunity to thank the City of
Denton Commercial Solid Waste Department, and in particular Mr.
Mike Perkins for their help Involving the Stock Show at the North
Texas Fair Grounds recently. Mr. Perkins was very helpful and
professional. The FFA Alumni and all of the youth who participated
thank your organization for helping make our show a success.
Sincerely, J~r~
Mr. Tom Calvert, President
FFA Alumni Association of Denton
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Ted D. Smith "°"'d' N0
2 41
Arlington, Texas 76006
(817) 794-0402
November 14. 1995
Mr. Lloyd Harrell
City Manager
City of Denton, Texas
Dear Mr. Harrell;
As Project Manager for Motel Developers, Inc..
constructing the Super 8 motel here in Denton. I
have had the opportunity to work with several city
of Denton public service employees whom I would
like to name: Mr. Bill Sangster, Eageering Dept.,
Mr. Bobby Morris, Wes Gideon. Bill Cornell, Cruz
Torres, Denton Electric Dept. You, and the City
of Denton are to be commended for the profession-
alism of these people. They have been a pleasure to
work with.
Si 'e
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Project Manager
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Barry R. McBee, Chairman 5
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R B. 'Ralph' Marquez, Commissioner
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John M. Baker, Commissioner
Dan PeanoN Faecutine Director
TEXAS NATURAL RESOURCE CONSERVATION COMMISSION
Protecting Tuas bg Reducing and Preventing Pollution
November 27, 1995
i
Ms. Betty Williams
City of Denton
215 East McKinney
Denton, Texas 76201-4299
Dear Ms. Williams
On behalf of the Texas Natural Resource Conservation commission, I
wish to express our appreciation for your assistance with the
Petroleum Storage Tank Workshop, which was held at your facility on
October 17, 1995.
The event successfully provided assistance to citizens of Denton and
surrounding areas. The current Petroleum Storage Tank regulations
require immediate actions by tank owners. The workshop provided
tank owners with instructions which enabled them to complete these
actions. Your facility, your assistance and your staff's
assistance, contributed greatly to the success of our workshop.
Again, thank you for your cooperation and assistance. Please
express our gratitude to your staff.
Since ly,
j pl-J-. us in, Program Administrator
gulata Outreach Section
II
P.O. Box 13087 Aush'n, Texas 787113087 • 512,/2391000
prnl,J on rrtxlrJ Mpv m:p yh NWJ mA
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ELEANOR H. MCINTYRE, Ph.D. 400ndatic,
3905 Winston Drive AWda ue
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Denton, Texas 76205 ,
(817) 484-7268 R E C
November 29, 1995
DEC 's 0 11995
Mr. Ed Hodney C , 0 f' - I T /
Director, Department of Parks and Recreation pAijKS 8 F: ~r;~:A1 wA,
321 E McKinney
Denton, TX 76201
Dear Mf, Hodney:
At this season of thanksgiving and gift giving, I want to pass along a very sincere thank you
to the City of Denton Department of Parks and Recreation for the gift you give our family
every day in the form of your wonderful Therapeutic Recreation Program and particularly
for your excellent Therapeutic Recreation Specialist,'Amanda Green. Our 13 year old son
has been enrolled in the program since last spring throughout the summer and during this
fall. It is only because of this important and very necessary program that my husband and I
can continue our professional careers with the secure knowledge that our son is in excellent
care designed to meet his specific needs each day after school and during the summers and
even on school holidays.
From the casual observations of this career teacher, Ms. Green is exceptionally talented in
bringing out the best in our child and the other children enrolled in the Therapeutic
Recreation Program. John has grown in his self-esteem, confidence, and overall physical
abilities due to Amanda's sincere caring and her well-grounded psychological and child and
adolescent development theory that she uses with great practicality every day. We cannot
praise her and the inters that have been under her supervision enough for letting John know
each and every day that he is important and valued while they increase his motivation for
creative recreation.
Thank you, thank you, thank you for sponsoring this much-needed Therapeutic Recreation
Program. Because of Ms. Green you have made believers and fans of us. If we can ever be
of help to the program by writing more specific letters of evaluation for funding or staffing,
please contact us.
Sincerely,
Eleanor 11. McIntyre. Ph.D.
cc: Teresa Milan, Leisure Services Manager
Janet Simpson, Superintendent of Leisure Services
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Ray J. Cornay, III
3609 Forrestridge Drive
Denton, TX 76205
12/6/95
Mr. David Ayers
Traffic Manager
221 North Elm
Denton, TX 76201
Dear David,
I wish to thank you for the outstanding work you have
recently done to improve the safety and living conditions of
the residents of Forrestridge. Your sincere concern and
timely efforts are greatly appreciated.
Sincerely.
r,
Agenda Ilo.
Agenda Item
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Oaks of Mon#ecito
600 South Etas
Denton, Texas 76201 -
Tebphane617-566-2480
Far 817566.0684
December 12, 1995
Mr. Rick Svehla
Acting City Manager
Cityof Denton
215 E. McKinney
Denton, Texas 76201
Dear Rick:
As you know, Kent Key and I have just completed construction of the first phase of the Oaks of Montecito
community in the south of Denton. After many months of delay due to inclement weather, Kent and I are
happy to be able to present this fine new community to the prospective home buyers of Denton.
The purpose of this letter is to let you know how much we appreciate the professional manner in which
the electric utilities were installed by the city crew. When the work was completed the construction site
was left in as good order as when they initiated the work. I would like to especially commend the
following for their efforts in making this portion of the construction happen in such a fine manner.
Mr. Ralph H-jTKvl
Mr. Wes Gideon
Mr. Dennis Thomas
Mr. Bryan Corbin
NO. Richard Carrillo
Since this was this first of five phases for the development of this community we look forward to working
with the city as future phases come on line. Again, many thanks for a job well done.
Sincerely,
Fraldl, OtKent Key
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Ray J. Cornay, III
36f19 Forreatridge Drive
Denton, TX 76205
12/6/?5
City Manager
City Hall
215 East McKinney
Denton. TX 76201
Dear Sir:
I Irish to commend the outstanding work that Msrs. -Jerry Clark
and David Ayers have recently done to improve the =;afety and
J living conditions of the residents of Forrestridge. Their
sincere concern and timely efforts are greatly appreciated.
Sincerely.,
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