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HomeMy WebLinkAbout04-02-1996 4 j' 1 Y f]~ P 1 r CITY COUNCIL AGENDA PACKET April 2, 1996 r 1 AGENDA CITY OF DENTON CITY COUNCIL Apend~Item April 2, 1996 Dat: `1 (D Closed Meeting of the City of Denton City Council on Tuesday, April 2, 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. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Consider the retention of outside counsel for the Johnson/McCoy lawsuit. 2. Consider settlement offer in GTE v. City of Denton. et al. 3. 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 and wastewater treatment plant. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discuss City Manager finalists and consider offer of employment. Regular Meeting of the City of Denton City Council on Tuesday, April 2, 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: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Consider approval of the minutes of December 5, 120 13, and 19, 1995. 3. Resolution of Appreciation A. Consider approval of a resolution of appreciation for Floyd Halbert. i City of Denton City Council Agenda Agenda NQ.~ April 2, 1996 Page 2 Agenda Item Date" - ^ 9 4. Citizen Reports A. Receive a citizen report from Dessie Goodson regarding streets and other related issues. 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 6.A, 6.B, 6.C). This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda. Upon the receipt of a "request to speak" form from a citizen regarding an item on tFe Consent Agenda, the item shall be removed and be considered before approval of the Consent Agenda. A. Bids and Purchase Orders: 1. Bid 11880 - Sycamore Street 6" Water Line 2. P.O. 063388 - Mahanay International 3. Bid 11870 - Renovation to the American Legion Building 4. Bid 01872 - Exchange of Land 6. Consent Agenda Ordinances A. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or improvements. (5.A.1. - Bid 11880, 5.A.3. - Bid ,OF1870) 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.2. - P.O. 063388) C. Consider adoption of an ordinance approving a contract providing for the exchange of certain real estate owned by the City of Denton. (5.A.4. - Bid #1872) 7. Ordinances A. Consider adoption of an ordinance authorizing assignment pay for Fire Department employee in the classification of Captain who is also assigned to perform the duties of Information Management Coordinator. City of Denton City Council Agenda Agenda No. April 2, 1996 Agenda Item ~,T- _ Page 3 Date ! " B. Consider adoption of an ordinance authorizing the City Manager to execute a contract between the City and Hazel White Curray for the purchase of real property for landfill purposes. C. Consider adoption of an ordinance authorizing the filing of an application with the Department of Transportation, United States of America, for a grant under the Urban Mass Transportation Act of 1964, as amended. D. Consider adoption of an ordinance establishing a bicycle lane on the east side of Forrestridge Drive between Hobson Lane and Ryan Road. (The Traffic Safety Commission recommends approval.) E. Consider adoption of an ordinance which prohibits the parking of vehicles on certain portions of Georgetown Street. (The Traffic Safety Commission recommends approval.) F. Consider adoption of an ordinance which prohibits the parking of vehicles on certain portions of Cornell Lane. (The Traffic Safety Commission recommends approval.) G. Consider adoption of an ordinance which prohibits the parking of vehicles on certain portions of Oakland Street. (The Traffic Safety Commission recommends approval.) H. Consider adoption of an ordinance authorizing the Acting City Manager to execute a contract with the Denton Independent School District and all additional documents and agreements, as required, to obtain funding for the 1996 summer food service program. I I. Consider adoption of an ordinance authorizing the City Manager to execute an agreement between the city of Denton and Deloitte and Touche, L.L.P. for an independent audit. (The Audit Committee recommended continuance of Deloitte and Touche, L.L.P. audit services for the current fiscal year ending September 30, 1996.) J. Consider adoption of an ordinance amending ordinance No. 94-183, as amended, and Section 2-29 of the Code of Ordinances of the City of Denton, Texas relating to the Rules of Procedure of the City Council of the City of Denton, Texas, by providing certain rules establishing the order of business and clarifying time limits on presentations by citizens before the City Council. K. Consider adoption of an ordinance authorizing the Mayor to execute the second addendum to the lease between the City of Denton and the Denton Chamber of Commerce. V City of Denton City Council Agenda Agenda ND. April 2, 1996 Agenda Item Page 4 Date 8. Resolutions A. Consider approval of a resolution approving an agreement and resolution of the City of Denton Industrial Development Authority with respect to the issuance of bonds for Hartzell Manufacturing, Incorporated. 9. Consider nominations/appointments to City Boards and Commissions. 10. Vision Update 11. Miscellaneous matters from the City Manager. 12. Official Action on Closed Meeting Items: A. Legal Matters B. Real Estate C. Personnel D. Board Appointments 13. New Business This item provides a section for Council Members to suggest items for future agendas. 14. Possible Continuation of 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 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.) 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. ACC002F8 J j ngenCalJo._ - Agenda item CITY OF DENTON CITY COUNCIL MINUT DECEMBER 5, 1995 Present: Mayor Castleberry, Mayor Pro Tem Biles, Councilmembcrs Cott, Brock, Miller, Young, and Krueger. ' Council considered the following items in a closed meeting. 1. Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Received information and conferred with City Attorney regarding legal advice on an ordinance or resolution to prohibit the carry of concealed weapons in City facilities under section 551.071 and Section 551.075 of the Open Meetings Act. 2. Considered and discussed 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. GOV'T CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Council considered the following items in the Regular Meeting of the City of Denton City Council on Tuesday, December 5,1995 at 7:00 p.m. in the Council Chambers of City Hall. 1. Pledge of Allegiance Cott asked that the Mayor move item ##9 up on the agenda due to the large number of citizens attending the meeting for that item. Mayor Castleberry presented Yard of the Month Awards to: Olufsena, 120 West Oak Street Mr. and Mrs. Urbanski, 312 Wilderness Street Bill and Marie Bennett, 5217 Tartan Circle Bob and Shirley Hardaway, 1101 Chapel Drive Raddison Hotel - Eagle Point Golf Club, 2211 North I-35E David, Donna and Matt Piatt, 809 Greenwood Drive 2. Considered approval of the minutes of August 15, 1995. Biles motioned, Brock seconded to approve the minutes. On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Biles "aye", Young "aye", Krueger "aye". Motion passed unanimously. 4 S Agenda No. Agenda tem~' Date ~ "___J 1•~--~ City of Denton City Council Minutes December 5, 1995 Page 2 3. Considered a presentation by Sandra Lewis representing Mothers Against Drunk Driving. Ms. Lewis recognized Chief James Thomason. Lewis said she first meet Thomason about four years ago when their chapter invited the Arlington Fire Department to present an anti-drug, multi-media program to the fraternities and sororities at the University of North Texas. After the program Thomason approached her and said he thought that was something they should do !or the youngsters in the community. Four months later they began working on the idea and out of it came the program Choices. Lewis said it was an engrossing multi-media program including victims from the City of Denton and Denton County. It also included music that related to young people. She said while Denton County was recognized by the Department of Public Safety as having the second largest decrease in drunk driving crashes in the State of Texas, tough laws, strict enforcement of the laws, vigorous prosecution, and public awareness were key to the award. She said Thomason was a one man public awareness machine. Lewis said they were honored to recognize Thomason for working with their chapter of MADD to help accomplish their mission to prevent the tragedies caused by drinking driver before they occurred. Lewis presented Thomason with a placque. Thomason said it had been a privilege and honor to work with Lewis and MADD. They first identified through working with the program and various statistics that in the United States in one years time over 5,200 young people between the ages of 15-24 died in drunk driving related car crashes. He said that did not include the number of young people debilitated. Thomason said it had become their mission to educate the youth in Denton County or anyone that will let them show the Choices program. It was because of Lewis and the lives of those lost in Denton and Denton County that they did the program. 4. Citizen Reports A. Received a report from Carl Williams regarding a Citizen Police Review Board. Mr. Williams was not present at the meeting. B. Council received a report from John Weber regarding supporting neighborhood representation in city government. Weber said the Denia area Community group expressed support for the prcposed Denton Council of neighborhoods. He said the group would give the various neighborhoods in Denton a forum in which to communicate with the City Council and other agencies. It would also allow Council to rally support for programs and pass on information viable to Denton's growth and social well being. Weber Agenda No- Agenda IIteer City of Denton City Council Minutes Date December 5, 1995 Page 3 said Denton was poised at a crossroads. He said one path lead to unbridled commercial development and felt it would be good if the citizens, the City and businesses were all pulling in the same direction. The formation of the Council of neighborhoods was a step in that direction. He encouraged all of Denton's neighborhood groups to elect representatives to attend the December 12, 1995, meeting at the Senior Center. Webber thanked Councilmembers Brock, Miller, and Cott for support of the Denia community and their struggle to protect their neighborhood from commercial exploitation. He said the citizens of Denton would remember those who supported them and those who did not and encouraged all citizens of Denton to register to vote and make their voices heard. Weber said a poor turnout allowed a radical minority undue influence in the running of city government. He said the Denia community was beginning a campaign to register all voters in their area and encouraged all of the neighborhoods to do so as well. B. Received a report from Carol Freeman regarding the City donating a lot at 736 Schmitz Street to Habitat for Humanity. Freeman said she was the president of the local affiliate for Habitat for Humanity. The organization was dedicated to eliminating poverty housing. They accomplished that by building houses with volunteer labor so they could afford to sell them to families at a reasonable cost with no interest on the loan. She petitioned the Council to donate lots 11 and 12 of Block 2 of the Oak Meadow Addition. Lewis said the City would not be able to build on the lots because use of federal funding stated that it must be 300 feet from the railroad tracks and those lots were not. As a private builder Habitat would not be confined to that rule. Lewis said the homes would not interfere with any of the right of way when the City widened the street. They would try to put sound proofing in the home because it would be near the railroad tracks. Mayor asked that the item would be placed on a future agenda. C. Council received a citizen report from Dessie Goodson regarding the City of Denton and SPAN. Goodson commented that SPAN and the City of Denton seemed to have no knowledge of the meaning of the word publicize. She said all Trolley changes and days they would not be running has to be publicized for the sake of the riders so they would not be left stranded as she and others had been. She asked for explanation as to how the Trolley or any person could be in two places at one time. Goodson referred to the Trolley schedule revised in July. She addressed the City Attorney and said that if he had investigated her complaint of May 17 thoroughly his office would have known that the ambulance bill she presented was not hers. She stated that she did not call for the service but was forced on the Agenda No. 91 Agenda i em City of Denton City Council Minutes Date -s"- lie- December 5, 1995 _ Page 4 gurney by the twisting of her right arm behind her back by a police officer, strapped on the gurney and forced to go the hospital against her will. She said she would not accept any more garbage like that sent to her house. She also requested an explanation as to how she owed $113 in a utility bill. She asked the Deputy City Manager to explain how on 10/12 she in 23 days consumed 1800 gallons of water totaling $11.81 and when the meter was read on 10/9 for 28 days she used 1600 gallons totaling $13.00. She asked how could she owe more for 1600 gallons than for 1800 and wanted to know how one woman could use 57 gallons of water in one day. Her bill showed that she owed over $113. According to her calculations the bill for October should have been $28 and with the November bill a total of $76.85 not $113.89, a difference of $37.04. Goodson asked if they could get together to discuss the bill because she would not be in jail again because she would not pay $133 she did not owe. It would be resolved because if not she had Ciy paper of Denton, the Council, and the Mayor. tGoodson hadstalked with two repiasentatives that said she had the right to say what she needed to a Councilmember or anyone else. Councilmember Young directed the City Manager to take a good look at her utility bill to make sure everything was right. E. Council received a report from Joe Dodd regarding neosegregation. Dodd said he would not repeat what he had said about the foolishness of the diversity task force. Neosegregation was what was going on with the diversity movement in America. The process was going bad in Denton when it was going very well. Council had already heard one complaint from the Deria group who believed things went on behind closed doors and Council would probably hear from others about gun control and things going on behind closed doors that they did not like. Dodd did not think they should have the task force but if so it should be in public. Dodd referred to Item 3 from the City Attorney's office on how to set up the task force. He said it stated that the task force meetings should be held in private and the release of information to the press on the progress of the task force should be done through the chair person of the entire task force. That was behind closed doors, in secret. The timing of the task force, January to July, was very convenient for anyone that wanted to be in the next City election because they could say the blue ribbon task force was looking into it. If they were going to deal with the issue, deal with it in public and not have diversity be about everything on the planet. The original charges were on racism and hiring and promotion and there was a complaint that a police review board was needed. Dodd did not believe that was true but if the issue would be examined he asked that it be done in public. The Council should not hire a San Agenda No P,gend~ tem City of Denton City Council Minutes 071e December 5, 1995 Page 5 Antonio expert to come for a 2 day retreat to teach the Council to talk to each other. The taxpayers already bought one facilitator on how to talk to each other and the only thing different was the cultural diversity which he regarded as none of the Council's business. He said discrimination and hiring the best candidate was thier business. Enforcing o promoting diversity was the community's responsibility. 5. Public Hearings A. Council held a public hearing and considered adoption of an ordinance amending the Detailed Plan of the Villas of Piney Creek to allow the location of a temporary concrete batch plant for the construction of the roads. The subject property was located on the southwest side of Colorado Boulevard, northwest of San Jacinto Boulevard. The property was located in PD-6 and consisted of 15.413 acres. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director of Planning and Development said the zoning ordinance allowed a temporary batch plant by specific use permit in the straight zoning districts and by amendment of the detail plan in the planned development district. The batch plan would be in a planned development district. Thirty-four notices were mailed, two were returned in opposition. Planning and Zoning unanimously recommended that 3 permits be allowed for a duration not to exceed 30 days for each permit. Robbins said a permit could be issued for one phase only. Edmond S. Bright, Project Manager for the Villas of Piney Creek said the temporary batch plant would be owned and operated by their prime contractor. They asked for a 30 day permit even though the job would be completed in 10 days. One day to assemble, one day to take it out, and eight days of operation. The extra days were for rain. It would allow the contractor the ability to bring the materials to the laying machine promptly and more economically than ordering from Redi-Mix. Bright stated the equipment was approved by the Texas Natural Resource Conservation Commission and met all EPA Standards. Councilmember Young asked if they would clean up the area after they took the plant down. Bright responded that there was currently no vegetation on the site but once they finished they would clear the site. Young confirmed that they would use filters and there would not be any leaks. r Agenda No. ~.genda Item City of Denton City Council Minutes Date December 5, 1995 `F' Page 6 Bright said they would conform to the EPA standards and a City inspector would be on site to monitor that. Young asked if they contacted the citizen's in the area. Bright responded that in addition to Staff mailing out letters they put letters in the doors of all the neighbors. Young wanted to know if there was any opposition from the citizens. Bright said they received no replies except that it was a nice letter. Cott asked why should the city want to approve this. Bright said they were laying concrete streets versus asphalt. There had been a batch on Teasley Lane that was put into the Park area on a temporary basis. He said it was a more efficient method of laying the concrete. It kept traffic off the roads. Having trucks run concrete to the site from the concrete companies it would be far more risky for the citizens. They would bring it to the site in bulk and mix it there. Cott asked Bright if he said the quality was roughly equal to the quality of the asphalt. Bright responded that it was probably better because they laid an additional inch on the streets (7 inches thick, reinforced with steel). Concrete was used in the subdivision because the streets were private, short and had a short turning radius in the cul-de- sac. Turning on asphalt with 100 degree Texas temperatures the asphalt begins to build up and walk. There were no additional spes.cers. Mayor Castleberry closed the public hearing. Council consider the following ordinance: Ordinance No. 95-244 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AN ADDENDUM TO THE DETAILED PLAN FOR THE VILLAS OF PINEY CREEK, A DEVELOPMENT COMPRISING 15.413 ACRES OF LAND LOCATED WITHIN PLANNED DEVELOPMENT DISTRICT SIX (PD-6), NEAR THE NORTHWEST CORNER OF THE INTERSECTION OF COLORADO BOULEVARD AND SAN JACINTO BOULEVARD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS OF THE ORDINANCE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger seconded for approval. W Agenda No. G) kgenda Item ?W__ City of Denton City Council Minutes Date_ " December 5, 1995 Page 7 Biles asked for clarification on the motion. He wanted if it was for all three batch plants. Young responded yes the motion was for all three plants and three 30 day license. On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Biles "aye Young "aye", Krueger "aye". ;Motion asked unanimously, P B. Council held a public hearing on the use of approximately $1.5 million in Community Development Block &nd HOME Investment Partnerships program funding and on the Community Development Citizen Participation Plan. Barbara Ross said the City of Denton expected to receive approximately $1.5 million, perhaps as much as $1.7 million) i.. federal fui.air,'g for the year. The purpose of the hearing was to receive citizen comment on community needs and the potential use for those funds. They would receive approximately $1.1 million in Community Development Block Grant funds. Some of the eligible activities included public improvements, drainage and park improvements. CDBG funds could al-D be used for housing rehabilitation and home buyers assistance and they had also used it to assist local service agencies. The HOME program would provide about $400,000 for housing programs such as rehabilitation, reconstruction, new home buyers assistance, and tenant based rental assistance. Ross said they were trying to provide several opportunities for citizens to give comments on the use of the funds. They world have another public hearing on Monday, January 11, 1996, at the MLK Center a' 7:00 p.m. following the NICE meeting. Comments could also be forwarded to the Community Development office in writing or by phone. The comments would be provided to the community Development Advisory Committee and the Human Services Advisory Committee. Ross said the hearing was not a time for specific proposals but for comments on needs. Applications for specific proposals would be made available at the end of December/beginning of January and would be due in at the end of January. Luisa Rodriguez-Garcia, Program Analyst, provided the information in Spanish. Nancy Baorman, Resource Development Coordinator at Lake Forest Good Samaritan Village, addressed the Council. She said it was a retirement community with a 60 bed health care facility and 180 independent residents. In 1974 Lake Forest was asked by the City to come into the city. They were in need of new roofs and restoration of their lake because of rurjoff from the Monticeto area and the mobile home park. Y Y Agenda No. ` ~ `f r,penda it m City of Denton City Council Minutes Da;e_ y December 5, 1995 Page 8 Sam Dickson of Good Samaritan Village said the original buildings were built in the late 1970'x. The were wood framed buildings. The back half of the building had flat roofs and the front half were shed roofs and were in bad condition and needed to be replaced. Dickson commented that the roofs were in such condition that it caused a security hazard for the residents. The 14 acre lake was a major asset to their village. It had taken considerable runoff particularly in the last few years due to development in the area. Dickson said the lake was in danger of dying. It provided aesthetic beauty to the property as well as a flood control. Ron Fanin, President of the Board of Directors of the Denton City /County Day Nursery, addressed the Council. He hoped council would continue to support funding for programs like the Denton City/County Day Nursery. The services beyond streets, fire and police protection make Denton special. Families of all kinds were offered high quality yet affordable child care services. Fanin said he hoped they continued to have the opportunity to use CDBG funds in a positive manner. Rudy Rodriguez, member of the League of United Latin American Citizens, complimented the City of Denton and the CDBG Staff for the preparation of the 1995 Consolidated Plan. He commented that it might have been slight, inadvertent omission from the plan in that the needs of a segment of the community were not adequately addressed, the recent immigrant in southeast Denton. On November 2, several members of the CIP met with approximately 45 members of the Hispanic community. Several members from LULAC were available to assist members of the Hispanic community in translation to ensure that the needs expressed to the CIP Committee were communicated. Rodriguez shared some of those -oncerns with the Council. They included: 911 operators were slow to respond to calls from the Spanish speaking community because bilingual operators were not immediately available; more bilingual personnel was needed at the MLK Center; special interest programs such as soccer and Mexican folk dance classes should be programmed in southeast Denton; employment opportunity classes provided in Spanish; and speed bumps on Ruddell. Dick Waters also represented the Denton City County Day Nursery. They were engaged in a long ranged planning process to extend their program. He encouraged Council to look with favor on their program. With no further speakers, the public hearing was closed. Mayor Castleberry moved Item 9 up on the agenda for consideration. 9. Considered adoption of an ordinance or resolution authorizing the City Manager, the Acting City Manager or his designee to r Agenda No. Agenda item City of Denton City Council Minutes Date December 5, 1995 Page 9 prescribe written rules and regulations for the safe and orderly use of City buildings and facilities including creating a rule prohibiting the carrying of a concealed handgun in a City building or portion of a city building; making compliance with the rule prohibiting the carrying of a concealed handgun in City buildings a condition of the use of City buildings; and providing for a severability clause. Herb Prouty, City Attorney presented two options to the Council, an ordinance or resolution creating a house keeping rule which would among other things prohibit carrying of a handgun in City buildings. He said the ordinance would create the rule and the resolution would delegate to the City Manager the authority to create house keeping rules for the safe keeping and security of the City buildings and facilities including the right to create a rule that would prohibit the carrying of concealed handguns in those facilities and also delegate the authority of the City manager to enforce that rule by posting notices and taking whatever other course of action deemed necessari That particular rule would not be a penal ordinance. There would be no municipal imposed penalty for the violation of the rule. The rule would be enforced through the criminal trespass statute. Prouty said if a person entered the facilities of the municipality with a concealed handgun he or she would he warned that it was prohibited and asked to leave. If that person then did not leave, the police or peace office would have the authority to arrest under the criminal trespass statute which maked it a class A misdemeanor. Prouty further commented that there had been a number of laws passed regarding concealed handguns. Some prohibitions already existed under the state statute. For instance, the statute prohibits any person from carrying a concealed hand gun in a meeting of a governmental entity. There were also restrictions on what a municipality could do to regulate concealed handguns or the carrying of those weapons within buildings. Staff believed, based on recent Attorney General opinions, that the most legally correct and safest way to regulate the carrying of concealed handguns was through the delegation of the housekeeping rules to the City Manager. Council also had the option of not taking any action. Krueger said citing the reasons given by the City Attorney he moved to deny adoption of any ordinance or resolution regarding the motion. Young seconded the motion. William Arvola voiced opposition to the adoption of any ordinance or resolution prohibiting the carrying of concealed handguns and urged the Council to allow citizens to govern themselves. Gloria Howell presented the idea of a gun culture where sportsmen, hunters, and men and women who wished to protect themselves. It was a non ethnic culture since it transcended all traditional race and i Agenda P-0enda Item City of Denton City Council Minutes Date December 5, 1995 Page 10 ethnic boundaries and a peaceful and productive culture evidenced by the large number of its members living lawfully. She said there was a subculture- a crime culture who's ranks sky rocketed since the 1960'x. I'hat culture preyed on society. Some people wrongfully equate the two cultures because many of the crime culture use guns to commit crimes. Others equated the two for political reasons. The mind set that would equate all gun owners to violence and crime was a shallow and disturbing one that had it's root in fear, prejudice and misinformation. Howell asked what the council's reaction would be if someone said because so much crime was reportedly committed by Black males that it would be safer for our citizens if all Black males were kept out of the parks and city buildings. The council would never entertain such a bigoted idea for one second. Why was the response different for law abiding gun owners? Firearms were used. lawfully used over 2.5 million times each year to prevent crime. Howell said there were an estimated 200 million firearms in the country and less than one percent were used in a crime. There was no evidence to support the idea that gun license holders would contribute to crime simply because they carry a firearm. She said concealed carrying of firearms had been around for years and the statistics did not support the accusations against the decent members of society. The law abiding citizen who received a handgun carrying license had to go through fingerprinting, background checks and a 10 hour training course. She encouraged the Council to reject the baseless and prejudicial arguments against gun owners and uphold the law as passed by the elected representatives in Austin. Jay Howell said he was disappointed by reading some of the comments in the paper on the issue that people were so void of moral character and rational thinking that they would start blowing people away over traffic tickets or zoning issues. Howell said no one of that type would receive a license because the process weeds out those type of people. Texas' carry law was more strict than any other state. Howell presented statistics from the Uniformed Crime Report that compared crime rates in other states. The law had proven to have a positive effect on violent crime. It addressed bringing guns into the court room and public meetings and it sent a message to the criminal and passage of the ordinance would gut the law and render it useless. He felt that it would create safe zones for criminals and urged Council not to pass the ordinance. Jim Penton repeated a letter to the editor. He asked that the Council read the law, and take the class required by state law to obtain a permit. He also suggested that they go to the gun range and witness the shooting tests. Penton said the biggest thing about the law was that it put fear in the criminal. v Q J Agenda No, Agendd (Item City of Denton City Council Minutes Oate. °42 December 5, 1995 Page 11 John Lassiter expressed opposition to the ordinance. He said over the past 30 years the city had gone from a place where you did not have to lock your door or take the keys out of the car to a place that you had to get up each morning to see if you still had a mailbox. He felt the time spent on the issue would be better spent taking rights away from criminals than taking rights away from citizens. Dwayne Tieszen said anytime a law was made, the law applied to one group- the law abidding citizen. The laws restrict that segment of society. Tieszen said non law abiding citizens did not recognize the laws. Regulation further restricted the law abiding citizens right to protect themselves and others and exhibited a false sense of providing nebulous safety to and for an uninformed public. Slam Buffington said he was against any adoption of the ordinance. The state law was set and should be final. As a private investigator he captured criminals all over the United States and never had he captured one with a legal gun permit. Buffington asked that the Council allow the honest citizens of the community have the right to protect themselves if needed. Kay S. Francis called upon the Council to support Councilmember Krueger's motion and uphold the right to carry as passed by the Texas Legislature without diluting, or changing the bill text report. In her opinion the right to carry leveled the playing field for vulerable women in an increasingly violent society. Francis commented that the right to self defense was the most basic of human rights and should not be limited by governmental intervention. Mark Hannah Jr. said he had taken a 40 hour training class at the DPS. He read an article from the paper and highlighted that the law already prohibited the carrying of guns in public meetings. Good citizens were taking the course and paying approximately $300 plus the weapon and would not give up that right over a $40 utility bill or $50 ticket. Donald Grimes felt the gun carry law was a good one and opposed adoption of the ordinance. Cott acid he felt it was a constitutional issue among all the things the speakers said. The constitution in Texas authorized the State Legislature to create the law that had everything in it that Prouty was tring to put forth. Cott said it was voted 101 to 46. It reduced government's interference with everyone. He hoped the other Councilmembers would vote against the ordinance. Young said the gun issue was a sensitive one and had historical significance. He felt it was a constitutional issue. He said the I Agenda ND. Agenda Item City of Denton City Council Minutes Date December 5, 1995 Page 12 forefathers thought enough years back to put it in the constitution so a person would have the right to bear arms to defend themselves. Young moved to call the question. Krueger seconded. On roll vote Cott, "aye", Brock "nay", Miller "nay", Castleberry "nay", Biles "nay", Young "aye", Krueger "aye" Motion failed 3-4 ' and Council continued discussion. Brock said She intended to vote for the amendment because from the state level there were so many conflicting directives, ambiguties, and even contridictions in the present law. She wanted to defer the issue until they had more clear direction from the Attorney Ceneral's Office and the Legislature. Miller said he would also vote for the motion but with reluctance. There would be a few people even among the best that put in a certain situation would do things that after it was done would question the action. Miller said he did not buy completely the ideas of that being government intrusion. There were many people that looked to local government to look after the interest of everyone. It was with that reluctance he would vote for the motion. It was up to local government to make it work. Mayor Pro Tem Hiles said the State Legislature had unfortunately done everyone a great disservice. Section 215 of the Municipal Regulations said a City Council could not adopt an ordinance that prohibited a person from carrying a fire arm if they had a permit to carry a gun. Biles asked how many people knew that the Statute did allow any City Council to adopt an ordiance that does prohibit the carrying of a gun by persons that did not have a permit. There were a lot of gaps and missed steps and even the Attorney General had given conflicting information in trying to assist cities and counties address the issues. Biles addressed the issue of liability on behalf of the city. If the city were to pass an ordinance but not be able to eff,_ctively enforce it, those who had come to rely upon an added level of security might very well sue the city and would have a cause of action if the city was not doing its job. He intended on supporting the motion. A legal reading of the statute showed that the State Legislature had a whole lot more work to do. He did not feel the City should be regulating the issue because they would be asking for more problems than they needed to be dealing with on the issue. Krueger felt the Legistature worked with what they had and t},e laws had been taken care of. Mayor Castleberry asked Krueger to repeat the motion. 0 i Y Agenda No Agenda item _ City of Denton City Council Minutes Date December 5, 1995 Page 13 Krueger stated that the motion was to deny adoption of the ordinance and or resolution regarding the prohibiting the carrying of handguns. On roll vote Cott, "aye", Brock "ayell, Miller "aye", Castleberry "aye", Biles "aye", Young "aye", Krueger "aye". Motion passed unanimously. 6. Consent Agenda A. Bids and Purchase Orders: 1. Bid # 1813 - Transit Buses 2. Bid # 1830 - Circuit Breakers 15 KV 3. P.O. #61522 - K.V.B., Inc. - EPA Software Upgrade B. Interlocal Agreements 1. City of Argyle - Ambulance Services 2. City of Corinth - Ambulance Services 3. City of Lake Dallas - Ambulance Services 4. City of Ponder - Ambulance Services 5. City of Sanger - Ambulance Services Brock motioned, Biles seconded to approve the Consent Agenda. On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Biles "aye", Young "aye", Krueger "aye". Motion passed unanimously. 7. Consent Agenda Ordinances The following consent agenda ordinances were considered: ORDINANCE NO 95-245 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. ORDINANCE NO. 95-246 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONT.RA'.L FOR THE PURCHASE OF MATERIALS, EQUIPMENT, AUPPLIES OR SERVICES PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. f Z Agenda No. J Agenda Item Date City of Denton City Council Minutes December 5, 1995 Page 14 Biles motioned, Brock seconded to approve the consent agenda ordinances. On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Biles "aye", Young "aye", Krueger "aye". Motion passed unanimously. 8. Consent Agenda Resolutions The following consent agenda resolutions were considered: RESOLUTION NO R95-077 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. RESOLUTION R95-078 A RESOLUUION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. RESOLUTION R95-079 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF LAKE DALLAS FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. RESOLUTION R95-080 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF PONDER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. RESOLUTION R95-081 A RESOLUTION APPROVING AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. Biles. motioned, Young seconded to approve the consent agenda ordinances. Agenda No `0 Agenda tem City of Denton City Council Minutes Date December 5, 1995 Page 15 On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Biles "aye", Young "aye", Krueger "aye". Motion passed unanimously. 10. Council considered nomination/appointments to City Boards and Commissions. A. Keep Denton Beautiful Board - Fjola Jefferies On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye", Biles "aye", Young "aye", Krueger "aYe" Motion passed unanimously, B. Traffic Safety Commission - Derrick Hartsfield On roll vote Cott, "aye", Brock "aye", Miller "aye", Castleberry "aye" Biles "aye" Young "ye", unanimously. a Krueger "aye". Motion passed C. Sign Board of appeals Brock nominated Rebecca Arnold-Moore. 11. Vision Update Brock gave the Vision update. They were completing the working on the strategy boards. Staff would be incorporting the changes made over the last couple of weeks. The representatives from the seven different sponsoring agencies would be taking those boards to their sponsoring agencies for a sign off early in the year. They were already implementing some of those things. 12. Miscellaneous Matters from the City Manager Acting City Manager Svehla informed Council of the Open House for City Hall in the Mall ar,d that City offices would be closed on December 26. 13. Official Action on Closed Meeting Items There was no offic_a' action on closed meeting items. 14. New Business Miller requested that Staff bring before Council something on the Rules of Procedures and calling for the question. Brock asked Staff to bring before Traffic Safety the issue of speed humps on Ruddell. She also asked that Staff brinry informaton f G ~y f Agenda No. I.genda item City of Denton City Council Minutes Dale December 5, 1995 Page 16 regarding the status of the lots requested to be purchased by Habitat for Humanity. With no further business the meeting was adjourned. Veronica S. Rolen Hob Castleberry Deputy City Secretary Mayor City of Denton City of Denton I f Agenda No. ` Agenda Item CITY OF DENTON CITY COUNCIL MINUTES Cale (ift tDecember 12, 1995 The Council convened into a Closed Meeting on Tuesday, December 12, 1995 at 5:15 P.M. In the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. ABSENT: Council Member Cott 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered the annual evaluations aid salary adjustments for the City Attorney and Alternate Municipal Judge. 2. Considered payment of award of special commissioners into the Registry of the Probate Court relating to City of Lgnt9„ Karvouniar - v ~7^hr 3. Considered settlement demand in the claim of Cox. 4. Considered settlement demand in the claim of Lanzi. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Work Session on Tuesday, December 12, i 1995 at 6:00 p.m. in the city Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Miller and Young. ABSENT: Council Members Cott and Krueger 1. The Council received a report, held a discussion and gave staff direction regarding a public safety computer system. Mike Jez, Executive Director for Emergency services, stated that the recommendation was to award the contract to IBM for the hardware and software for the public safety system. The system was divided into Phase I and II. The discussion at this meeting would center on Phase I of the system which included computer assisted dispatching and a record management systEo for police and fire. Council Member Brock asked how long the new system would last and when would it need to be upgraded. AgendaNo.l~~~j~~ _ Agenda I em _ City of Denton City Council Minutes Oate ' December 12, 1995 Page 2 Gary Collins, Director of Information Services, stated that some work stations would be leased for three years so that every three years the technology could be updated. Rick Svehla, Acting City Manager, stated that certificates of obligation were issued for ten years and could be renewed in ten years. Mayor Pro Tem Biles stated that there was nothing in the CIP which would address this same funding. Jez replied correct that the CIP items would be Phase II. Mayor Pro Tem Biles stated that Phase I would be the initial equipment and Phase II would integrate the system into the moving vehicles. Jez stated that Phase II was the completion of the hardware associated with Phase I. Phase II placed units in the emergency vehicles. i Acting City Maiiayer Svehla stated that the court system was also in Phase II. Mayor Pro Tem Biles stated that the current system was outdated in terms of dispatching and correlating information for the officers. This system would update the dispatch system with computer assistance. Council Member Young stated that this computer system would bring a modern system to the Police Department and save many manhours of work. Young motioned, Biles seconded to approve the system. Council Member Miller asked if the motion was to proceed with Phase I. Council Member Young replied correct. Acting City Manager Svehla stated that the request for proposal would be awarded to IBM at the next Council meeting. on roll vote, Miller "aye", Young "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Agenda NO. 1;~- City of Denton City Council Minutes A.Aendm ecember 12, 1995 Oate- °c? Page 3 2. The Council received a report and held a discussion regarding the legality of parents signing away rights of a minor child. Herb Prouty, City Attorney, stated that this item developed as a result of a Atizen's. objection to signing a release for his child to participate in a City athletic program. The citizen wanted the Council to discontinue the policy of requiring a minor child to sign a release before he could participate in athletic programs. The reason for the release was that it was a risk management policy to transfer the risk. :ne release released the right of the minor, if hurt during the event, to claim any loss or hold the City liable as a result of any injuries. It also indemnified the City against any damage which might happen as a result of the minor being hurt or the minor hurting others as a result of participating in an event. Staff looked at the policies of other citie which had a policy of requiring, in consideration of participation in a city program, a release and assumption of the risk. There were two policy considerations for the Council. One was if the Council wanted to continue a policy of having a minor or pare»ts assume the risk of loss and release all responsibility of any injury based on the individual's own negligence. The secc:;d was if the City wanted to extend the policy to cover not just the minor or third party negligence but have the minor or parent indemnify the City for the City's negligence. Mayor Pro Ten Biles motioned to direct the City Attorney to further address the issue on the release of the City's negligence and also the issue of parental consent on waiving minors rights. I Mayor Castleberry stated that the Council could not vote on this item at this time but could have a request. 3. The council received a report, held a discussion and gave staff TrinitydireRecgtiiononalregardi lump to the Pipeline. WaternDistrict/ of jointly owned Teasley ane Bob Nelson, Executive Director for Utilities, stated that in 1993 the City entered into an agreement with the Upper Water District to jointly build a pipeline tt wentnfromRLillian Miller and Teasley to Old Alton Road. There was a 9,500 feet of line with the city having 66% of the firstp3,700afeet and 25; of the remaining 5,700 feet. The UTRWD purchased the right-of-way, did the design and construction management and issued bonds for the project. The City was in the process of making payments to the UTRWD to pay their debt service. The City had money available in bonds and felt it would be better to pay off the debt now rather than wait. The funds were earning approximately .ryi:nGd llGi'1 City of Denton City Council Minutes Ra?e_'~ December 12, 1995 Page 4 5.5% and were paying 6.34 plus they had a reserve amount. The procedure would provide closure of ownership of Denton's portion of the line in the event conditions in the UTRWD changed in the future. i! Young motioned, Brock seconded to proceed to pay the amount in full as per staff recommendation. Nelson stated that the Council's action would not automatica3ly allow the City to make the payment. There was an amendment necessary to the contract to process the payment. On roll vote, Miller "aye", Young "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council received a report, held a discussion and gave staff direction regarding water and wastewater infrastructure extension to the Mayhill/Bridges/Gayla Road area. Howard Martin, Director of Environmental Services, stated that at Council Member Young's request, staff was asked to look at an extension of water and wastewater infrastructure into the Mayhill/Bridges/Gayla Road area. As there was already a 6" water line in that area, the extension of a 6" water line would be easy and coat approximately $73,000. Wastewater to this project would be more expensive as it would have to come from the interceptor along Pecan Creek, extending approximately 2,000 feet of 12" line to Mayhill and an 8" collector line to serve that particular area at a cost of approximately $317,000. Total project cost would be $391,540. Currently that particular project was not in the five year CIP plan. The existing policy in place for the extension of water and wastewater lines was to rely on development to extend the infrastructure needed for those particular developments. There had been some interest expressed by council and the Public Utilities Board to develop an infill policy. There had been interest by citizens in other areas such as Carpenter Road and the Teasley Lane area for such a project. Council Member Brock asked how many connections would be made. Martin replied that he did not have a total but it would be quite a number depending on how far south the project went on Mayhill. Council Member Brock asked if the Public Utilities Board was developing a comprehe.sive list or map where utility infill was needed. Martin replied yes that that would be part of the project. Agenda No. Cf? ° (a~7 Avnda tem City of Denton City Council Minutes Date ^ December 12, 1995 Page 5 Council Member Krueger joined the meeting. Council Member Brock stated that there were many areas not served in Denton and that the overall project would be very large. Martin stated that the policy had several options for funding an infill project. One would be to use unused development plan line money available and another would be to use to up 2% of gross revenue from the Water and Wastewater Departments. That option would provide approximately $200,000 on the wastewater side and $300,000 on the water side to be used for infill projects. Council Member Brock stated that there would have to be some kind of system established where by different properties would qualify for the infill project. Council Member Miller recommended that the Council defer the item until after the Public Utilities Board completed their study. Council Member Young stated that there were people on Mayhill who were annexed and who did not want to be annexed. Those people were p never received those romised that they would receive water and wastewater but they had individuals and the City was services. d to These them and others peopleito provide those services. He recommended that the Public Utilities Board develop an infill policy with emphasis on Mayhill Road and in time, all similar situations. It was an obligation of the City to provide water and sewer services to its citizens. Miller motioned, Brock seconded that as the Public Utilities Board was reviewing this issue as a city-wide policy the next day, the Council should wait until it received a recommendation from the Board. Young motioned, Krueger seconded to amend the motion to place an emphasis on Mayhill Road. Mayor Pro Tem Biles asked if Council Member Miller would consider, as part of his motion, that the Public Utilities Board make the Mayhill area a specific part of the Boardfs consideration. Council Member Miller understood that the Board would identify a number of areas of which Mayhill would be one. Mayor Castleberry asked if Council Member Miller wanted to include that suggestion as part of his motion. c a Agenda No. Agenda I em City of Denton City Council Minutes Date December 12, 1995 Page 6 Council Member Miller indicated no, not if it just identified that area. Mayor Castleberry stated that the original motion would include all infill areas which would include Council Member Youngts suggestion. Council Member Young stated that he did not want Mayhill to be last on the list. He withdrew his motion. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. The Council took the following official action on Closed Meeting items: City Attorney Prouty stated that a motion was needed on the condemnation to move to pay the award into the Registry of the court subject to the conditions discussed in Closed Session. Biles motioned, Brock seconded as indicated by City Attorney Prouty. On roll vote, Miller "aye", Young Faye", Krueger "aye", Brock "aye", Biles $'aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 7:40 p.m. BOB CASTLEBERRY, MAYOR CIT.' OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS A00002D9 Y r CITY OF DENTON CITY COUNCIL MINUTES AgendJNNoo-g DECEMBER 13, 1995 AgendDate The Council convened into a joint meeting with the Denton Independent school District Board of Trustees on Wednesday, December 13, 1995 in the Vision Room at the Denton Municipal Complex at 12s30 p.m. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller and Young. ABSENTi Mayor Pro Tem Biles and Council Member Krueger 1. The Council held a discussion regarding the Denton Independent School District's bond issue. Dr. Albert Thomas, Superintendent of Schools, stated that the District was in the data gathering stage for the needs of the school district. A committee had been formed to advise the Board regarding such issues as the need for another middle school, computer services, and the need for more elementary schools. Dr. Thomas felt that collaboration was important between the City and the District in such issues as economic development and park/school issues. Council Member Young asked if the District had a site in mind for a new middle school. He also asked about money for a new stadium. Dr. Thomas stated that the District had property in the Teasley and Longridge area. The District was in the process of gathering data regarding athletic needs. He stated that the election process was another issue to deal with the bond issue. Options were to hold the bond election in conjunction with the Trustee/City Council election or, if branch voting was desired, to have the County hold the election. 2. The Council held a discussion regarding the City of Denton's Capital Improvement Program. Rick Svehla, Acting City Manager, stated that the CIP Committee was almost done with the data gathering issues and thoae issues would soon be presented to Council. Not all of the $32 million would be in the bond issue as some would be certificates of obligation. He welcomed the opportunity to do joint projects with the DISD. The economic development needs were almost addressed as were the computer systems for the emergency medical systems. Council Member Young asked about a joint bond election. Acting City Manager Svehla replied that the City's bond election was already scheduled for February 24, 1996 and the DISD bond election would be some time in late April/early May. With no further business, the meeting was adjourned at lslO p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002D3 J j Agenda No. r 62 CITY OF DENTON CITY COUNCIL MINUTES Agenda Item December 19, 1995 Date - The Council convened into a Closed Meeting on Tuesday, December 19, 1995 at 5:45 p.m. in the Civil Defense Room of City Hall. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: Mayor Pro Tem Biles 1. The following was discussed in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 1. Considered and discussed defense of and the settlement of RPS Ventures. Inc., et al v. City of Denton and Webber and Barnes v. City gf 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 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, December 19, 1995 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: Mayor Pro Tem Biles 1. Pledge of Allegiance. The Council and members of the audience recited the Pledge of Allegiance. 2. The Council considered approval of the minutes of August 22 and August 29, 1995. Brock motioned, Krueger seconded to approve the minutes. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. 3. Presentation of the National Keep America Beautiful Award. Bill Watson, Chair-Keep Denton Beautiful Board, stated that this was the 5th year that Denton had received a national award for Keep America Beautiful. This was the third place award in the National Keep America Beautiful Program. 4. The Council received a report from the Blue Ribbon CIP Committee on a five year plan. City of Denton City Council Minutes Agenje~- December 19, 1995 AgenPage 2 DatMulroy, Chair of the Blue Ribbon Committee, stated that the Joe Committee's charge was two fold. One charge was to ascertain the needs and future aspirations of the citizens of Denton and to formulate that into a Capital Improvements Program within the existing tax structure. The second charge was to sell the bond issue to the citizens and have it successfully passed. The Committee served as a linkage between the citizens and their tax dollars. The structure anticipated a continued comprehensive committee oversight in conjunction with this and future Councils. The plan worked on reducing the budget by attacking the source of the problem. An example was the need for athletic fields which originally was anticipated to be $2.3 million. At this time there was a question of existing usage and optimal use of the existing facilities. As the committee did not have the available facts to make good monetary decisions on specific field expansions or new installations, the solution was to put an allowance in Year 4 for $1.1 million. In the meantime, it would be the responsibility of the Parks and Recreation Department to monitor the usage and future needs of the athletic fields so when the time came to spend the money there would be a good idea on what was needed. The Committee felt that in the future, there was a need to join the different entities in Denton such as schools, libraries, and parks. All entities needed to move closer together to work on the planning in these areas. Margaret Smith reviewed the process of the Committee in selecting subcommittees to interview individuals in the selected groups. She also detailed the history of how the CIP package was determined by those on the Committee. Kathy DuBose, Executive Director for Finance, presented a budget overvies for the CIP. The CIP was annually based on a no tax rate increase. That meant that every year the City paid off some of the debt which decreased the debt service. That allowed the City to issue additional debt and take on additional debt service without requiring additional taxes. There were several issues which had to be considered when looking at future debt. One dealt with previously authorized unissued bonds. In the 1986 bond election there was $1.4 million approved but had not yet been issued. That amount would have to be deducted from any amount which would be considered in this bond election. Other options included operations improvements and equipment purchases which were normally done through certificates of obligation. In the past these were done with certificates of obligation because the improvements did not meet the criteria for capital improvements such as a 20 year life span. Certificates of obligation for facilities and equipment included $190,000 in 1995-96 for City Hall, $715,000 in 1997- 98 for the DMC Phase II, $2 million in 1998-99 for public safety computer system general government computers. When that was taken out of the amounts which the City was able to issue, the total bond sale would be $26 million. Mulroy stated that the target number was developed by independent input of the Committee including over 1,000 interviews. This was completely City of Denton City Council Minutes Agenda No,~ December 19, 1995 Page 3 AQcnda Item Date independent of staff's prepared budget and was done without looking at the 1986 figures. Terry Schertz and Rick Svehla presented an overview of the transportation portion of the CIP. The Transportation team evaluated the criteria based on City input, cost factors, demographics, economic development potential and staff recommendations. The first project in 1995-96 dealt with sidewalks for the next five year period which would include an extension of Nottingham, arterial lanes with an annual allocaL•ion for road construction, repairs, etc. 1996-97 projects would include sidewalks and bikeways, Nottingham Phase II, Loop 288 by-ass right-of-way, US77 from University Drive to 135. 1997-98 projects included the Masch Branch relocation to be placed east of the creek which would tie in with Airport Road and Jim Chrystal Road. 1998-99 projects included traffic signals. 1999-2000 included projects on Riney Road to help with traffic in that area, Willowwood paving, traffic signals, and Loop 288 south to Teasley. Svehla stated that each year had money for sidewalk construction andrentranceway rmarkersminto thelCity. That money was being recommended to be set aside each year at the beginning of the year and if, at the end of the year it was not used, a project could be picked from a list to build sidewalks, streets, etc. Ronie Beasley and Ed Rodney presented the parks portion of the CIP. Projects included an upgrade of existing parks in the City which was a four year project for a cost of $1.7 million. it included new playground equipment in most of the parks, athletic field renovations, walkways and access for handicapped individuals to comply with the ADA requirements, park tables and benches. It was proposed to expand Denia and North Lakes Recreation Centers due to the crowded condition of the Centers. The fifth year included additional athletic fields, Brent Thornton and Jerry Clark discussed the drainage projects. The team made sure that a plan was developed which would be a footprint from which other projects could be added to in the future. The team had to make sure it was equitably spending the taxpayers dollars. Criteria included home flooding, commercial flooding, and property damage. Highlights of the projects included Good Samaritan, culverts at Robertson, culverts at Fletcher Branch, Pace drainage, Eagle Drive drainage, and the Kerley drainage project. Svehla stated that it was important tn not just look at this five year plan but to also look at the next five year plan. Footprints would be recommended for future projects in the next CIP. There were projects which would help now but which would also lay the groundwork for future projects. Council Member Young asked if the 03 drainage project was for Willowcreek in future bond issues. City of Denton City Council Minutes Agenda No* December 19, 1995 Agenda 1em Page 4 Date 1" Thornton stated that the area behind the homes would be in this CIP. The extensions on either side would be in the next bond election. Council Member Young asked about the dollar amounts for Fred Moore Park and the Phoenix Park. Ed Hodney, Director of Parks and Recreation, stated that both parks were in the upgrade of existing parks projects. Fred Moore and Phoenix were high priorities because the equipment was in poor shape. The project 'f would include the replacement of equipment, the construction of walks, fixing the picnic shelters, etc. Council 'Member Young asked about the extension of Newton Street to Scott Street. Mulroy stated that that project was on the list for street construction that would be considered in one of the five years. Council Member Young asked about money for SPAN benches and overhead shelters. Mulroy stated that that was not a consideration of this committee. Svehla stated that as that was transit oriented, the City would try to obtain TxDOT money or matching money from the State or Federal governments. Council Member Miller stated that in previous bond issues, all the projects were projected to be funded through the selling of general obligation bonds. This time the committee had determined to look at $32 million but only recommend to se ?7 $26 million through general obligation bonds plus $1.4 million which was already authorized but not sold. The Committee did not include a snorkel in the proposed projects and that item might have to revisited. He was unsure what was exactly included in the second phase for safety computers. He asked about the funding for the Airport project. Mulroy stated that the money projected for the Masch Branch Road project would serve as credit for a 10% match. in regards to the computer systems, technology continued to evolve as did the needs in the police/fire systems. There was a need to have the best amount of equipment for the dollars available. There were budget constraints to consider with the fire truck which required the Committee to pare down the amount. Council Member Krueger asked why $5 million was separated from the total $32 million. Mulroy stated that items with infinite life such as streets, drainage, fifth year construction on buildings, park building and park land were accepted for twenty year financing. Projects and items with less than Y y l City of Denton city council minutes Agenda No. December 19, 1995 Agenda Item Page 5 Data. a twenty year life were financed within the terms of their economic life. Those items had been carried L, fore in the CIP as certificates of obligation. The Committee was anti-:sating continued service by the team leaders and members as an oversight committee. The scope of the committee was not determined. The oversight committee could work with the certificates of obligations as well as the general obligation items. Council Member Krueger had requested that three traffic intersections be included in the proposal but only saw one of those intersections recommended. Mulroy stated that one project was carried on the list in a named project. The other two intersections were carried on the other list. It was an easy function to move those projects to the first list and rate them with the other projects. The rating included number of accidents, traffic flow, etc. Council Member Cott stated that Council promised two fire engine!-: to the Downtown merchants and to Main Street Association. Council Member Young left the meeting. Council Member Cott stated that those were parts already promised and if so, the committee should not have deleted them. Mulroy stated that if that was the case, then they should not have been presented to the Committee that they were choices. Council Member Young returned to the meeting. Svehla stated that a public hearing would be held on January 2nd and the election would be called on January 9th. 5. Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding meeting times of the City's Boards and Commissions. Mr. Hudspeth was not present at the meeting. B. The Council received a citizen report from Willie Hudspeth regarding building an amphitheater in Fred Moore Park with CDBG funds. Mr. Hudspeth was not present at the meeting. C. The Council received a citizen report from Dessie Goodson regarding issues concerning the City of Denton. Ms. Goodson stated that recently she had her utilities disconnected. She lost everything in her refrigerator when that happened. She lived on a fixed income and could not replace what was lost in her City Of Denton city council minutes A. fnda ND. December 19, 1995 Agenda tam c Page 6 Dafe refrigerator. No one knew why her utilities were disconnected as the Acting City Manager stated to her that the service would not be disconnected until her bill was straightened out. As a result of a confrontation with the police she was arrested and had a seizure in the jail cell. council member Young stated that the City did not hate her as she had stated but the utility bill was set and if she did not pay the bill, the service would be disconnected. Goodson stated that she had been told that her utilities would not be cut off until her bill had been straightened out but then it was disconnected the same day. Council Member Young asked Ms. Goodson to discuss her problems with him and to make a list of what was lost from her refrigerator. 6. Public Hearings A. The Council held a ubli rei p c hearin nvestment zone for Enterprise Zone I. g to re-establish the Linda Ratliff, Economic Development Coordinator, stated that this ordinance would re-establish the reinvestment zone for Enterprize Zone 1. The zones had a life of five years and it was time to re-establish the reinvestment zone for Zone I. It was not necessary to re-establish the reinvestment zone for Enterprise Zone ii as it was done when the boundaries of that zone were amended. The purpose of the zone was to allow for tax abatement incentives to business within the boundaries of that zone. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-247 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE NO, 90-066 TO REESTABLISH A REINVESTMENT ZONE WITHIN ENTERPRISE ZONE I; AND BOUNDARIES OF THE ZONE BEING ESTABLISHED AS DESCRIBED IN THE BODY OF THIS ORDINANCE; THIS REINVESTMENT ZONE BEING WITHIN THE CITY LIMITS OF THE CITY OF DENTON AND ITS EXTRATERRITORIAL JURISDICTION; DECLARING THE ELIGIBILITY OF THE ZONE FOR COMMERCIAL/ INDUSTRIAL TAX ABATEMENT AND/OR RESIDENTIAL TAX ABATEMt~NT IN ACCORDANCE WITH CHAPTER 312 OF THE TAX CODE; AND PROVIDING AN EFFECTIVE DATE. City of Denton City Council Minutes Venda No. December 19, 1995 Agenda Item - "_1 Page 7 Date ' (P_ Krueger motioned, Brock seconded to adopt the ordinance. Council Member Cott questioned the language which indicated that only the Mayor had the right to do anything in that area. City Attorney Prouty stated that Section 5 of ordinance stated that the City directed and designated the Mayor as the City's authorized representative. In order to go further with the policy, the entire ' Council would adopt a tax abatement policy. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. B. The Council held a public hearing and considered adoption of an ordinance approving Historic (H) overlay zoni:ig for 1513 North Locust. (The Planning and Zoning Commission and the Historic Landmark Commission recommended approval.) Jane Jenkins, Preservation Officer, stated that Dick and Marjorie Waters had applied for this designation. The application met all of the criteria for historic zoning. The Mayor opened the public hearing. Rick Woolfolk stated that he was in favor of the designation and asked for Council approval. Marjorie and Dick Waters asked for support from the Council on their project. The Mayor closed the public hearing. The following ordinance was considered: NO. 95-248 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, DESIGNATING THE PROPERTY LOCATED AT 1513 N. LOCUST STREET AS A HISTORIC LANDMARK UNDER SECTION 35-215, ARTICLE V OF CHAPTER 35 OF THE CODE OF ORDINANCES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE. DATE. Young motioned, Brock seconded to approve the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Consent Agenda Mayor Castleberry asked that Itcm 07 be pulled for separate consideration as the new Fire Chief would be with the City soon and he City of Denton City Council Minutes Agenda Na. December 19, 1995 Agenda Item Page 8 Date would like to have the Chief's input before the item was voted on. Young motioned, Brock seconded to approve the Consent Agenda except for Item 17. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Cott asked if the item were held for a week, would it pass out of the bid cycle. Tom Shaw, Purchasing Agent, stated that the vehicle had not been purchased at this time but that the city had indicated that it would be purchasing the truck. He requested that council consider approving the purchase at this meeting. The truck was currently being built and to maintain the delivery schedule which was timed with the opening of Central Fire Station, the vendor indicated that it was critical that they receive a purchase order prior to January 1st. As there were no other Council meetings between now and then, he requested Council to proceed with schedule. Mike Jez, Director of Emergency Operations, stated that he had faxed the specifications to the new Chief and the Chief did not indicate any problems with the purchase based on his limited knowledge of the City's equipment at this time. Council Member Young felt that the new Chief needed to be included in the decision. He asked if there would be any kind of delay on the delivery if approval waited until the next meeting. Shaw stated that the truck was at a point in assembly where it needed to be made for the City or moved to another customer. The truck's specifications indicated special modifications which needed to be made now or delay delivery over a period of time. If the Council waited, he could not guarantee the truck would be delivered before the opening date of Central. Jez stated that the Chief's response was that he had reviewed the specifications and they appeared good and he felt that it was a satisfactory piece of equipment based on his limited knowledge of the department at this time. Council Member Krueger felt that Council had already covered this item and had given tentative approval for the purchase. He saw no reason to delay the purchase any longer than necessary. Miller motioned, Krueger seconded to approve Item 07. On roll vote, Miller "aye", Young "nay", Cott "aye" Krueger "aye", Brock "aye", and Mayor Castleberry "nay". Motion carried with a 4-2 vote. Mayor Castleberry stated that the city Attorney needed to address Item 015 - P.O. 061799 to IBM. i V City of Denton City Council Minutes Ai!enda No. Decembar 19, 1995 Agenda Item Page 9 } Date City Attorney Prouty stated that this item was for $2,453,000. He asked Council to give approval of the item pending the completion of negotiations and the review of the contract by the City Attorney. Young motioned, Brock seconded to approve Item 19 subject to the conditions as indicated by the City Attorney. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye"" Brock "aye", and Mayor Castleberry a}e Motion carried unanimously. A. Bids and Purchase orders: 1. Bid 11812 - Traffic Supplies 2. Bid 11816 - 12 CY Dump Trucks and Truck Chassis 3. Bid 11817 - Loader/Backhoe Tractors 4. Bid 11818 - Forklift 5. Bid 11820 - Fleet Vehicle CID 6• Bid 11823 - Transformer Repair 7. Bid 11826 - 750 Quint Fire Truck 8. Bid 11829 - Refuse Trucks 9. RFSP 11738 - Management Information Service (MIS) 10. RFSP 11810 - Part-Time Occupational Health Nurse Program 11. Bid 11808 - Morse Street Sidewalk Phase II 12. Bid 11815 - Plugging Abandonment of Wells 13. Bid 11824 - Life Insurance & Accidental Death b Dismemberment 14. Bid 11825 - Long Term Disability 15. P.O. 161799 - IBM Corporation B. Contracts 1. Texas Woman's University - TWU Cares C. Contracts - Title IV 1. City-County Day Nursery 2. Fred Moore Day Nursery, Inc. D. Contracts - Amendments 1. City-County Day Nursery 2. Fairhaven, Inc. 3. Fred Moore Day Nursery 8. Consent Agenda Ordinances Council considered the Consent Agenda Ordinances 7.A. - 7,J, Miller motioned, Brock seconded to approve the Consent Agenda Ordinances subject to the amendment to 6.A.9 as per the City Attorney. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. r n City of Denton City Council Minutes ,Inca No December 19, 1995 Page 10 Agenda Item 03te A. NO. 95-249 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid 118120 6.A.2. - Bid 11816, 6.A.3. - Bid 11817, 6.A.4. - Bid 11818, 6.A.5. - Bid 11820, 6.A.6. - Bid 118230 6.A.7. - Bid 118260 6.A.8. - Bid 11829) B. NO. 95-250A AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.9. - RFSP 11738) NO. 95-250 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.10. - RFSP 11810) C. NO. 95-251 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.11. - Bid 118080 6.A.12. - Bid 11815, 6.A.13. - Bid 11824, 6.A.14. - Bid 11825) D. NO. 95-252 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 THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.15. - P.O. 161799) E. NO. 95-253 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTOtf AND TEXAS WOMAN'S UNIVERSITY TO PROVIDE FUNDING TO TWU CARES, A PRIMARY HEALTH CARE CLINIC; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.B.1.) City of Denton City Council Minutes AaenJa Nc. 1--- December 19, 1995 Page 11 Agenda i em Date F. NO. 95-254 AN ORDINANCE APPP.JVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY, TO PROVIDE FUNDING TO DENTON CITY- COUNTY DAY NURSERY; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (6.C.1.) G. NO. 95-255 AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF DENTON AND FRED MOORE CHILD CARE CENTER, TO PROVIDE FUNDING TO FRED MOORE CHILD CARE CENTER; AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT; APPROVING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.C.2.) H. NO. 95-256 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER TWO TO THE AGREEMENT WITH THE CITY OF DENTON AND DENTON CITY-COUNTY DAY NURSERY TO PROVIDE FOR. THE CONSTRUCTION OF IMPROVEMENTS TO THE KITCHEN FACILITY AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (6.D.1.) I. NO. 95-257 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY OF DENTON AND FAIRHAVEN, INC. TO PROVIDE FOR THE CONSTRUCTION OF IMPROVEMENTS INCLUDING ELECTRICAL, SHELVING AND PAINTING AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (6.D.2.) J. NO. 95-258 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NUMBER ONE TO THE AGREEMENT WITH THE CITY 01' DENTON AND FRED MOORE DAY NURSERY SCHOOL, INC. TO PROVIDE FOR CONSTRUCTION IMPROVEMENTS AND PLAYGROUND IMPROVEMENTS AND TO EXTEND THE AGREEMENT TERM ONE YEAR IN EXCHANGE FOR ADDITIONAL FEES; AND PROVIDING FOR AN EFFECTIVE DATE. (6.D.3.) 9. Ordinances A. The Council considered adoption of an ordinance amending section 2-111 of the Code of Ordinances of the City of Denton by eliminating the ex-officio positions representing the Central Business District Association. (Downtown Advisory Board) Jane Jenkins, Main Street Coordinator, stated that the Main Street i City of Denton City Council Minutes Agenda No. j `a December 19, 1995 Agenda item Page 12 Date t program reorganized and renamed the Denton Central Business District Association as the Main Street Association. The Executive Board of that non-profit Board met jointly with the Downtown Development Advisory Board so there was no longer a need for the ex-officio members. The following ordinance was considered: NO. 95-259 ill AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS AMENDING SECTION 2-111 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON BY ELIMINATING THE EX-OFFICIO POSITIONS REPRESENTING THE CENTRAL BUSINESS DISTRICT ASSOCIATION; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye's. Motion carried unanimously. B. The Council considered adoption of an ordinance amending Sections 11-101, 11-106, and 11-107 of the Code of Ordinances for the purposes of amending the standards for the proximity of fire apparatus access roadways to buildings, structures, and facilities. (Fire Lane Requirements) Rick Jones, Fire Marshall, stated that this ordinance would revise the existing distance requirements from 50' to 100' and exclude single units from a fire lane. The following ordinance was considered: NO. 95-260 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 11-101. 11-1061 AND 11-107 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS FOR THE PURPOSES OF AMENDING THE STANDARDS FOR THE PROXIMITY OF FIRE APPARATUS ACCESS ROADWAYS TO BUILDINGS, STRUCTURES, AND FACILITIES; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the City Manager to execute a commercial lease agreement between the City of Denton and Avionics International Supply, Inc. for approximately 0.565 acres of property located at the Denton Municipal Airport, with options on the lease of additional property comprising an additional 1.745 acres. (The Airport Advisory Board recommended approval 7-0.) 3 4 City of Denton City Council Minutes Agenda No. December 19, 1995 Page 13 Agenda Item Joseph Portugal, Assistant to the City Mstiaier, stated that this ordinance would authorize an agreement between the City and Avionics Supply, Inc. The firm needed additional space to expand their operations. The area was located on the east side of the Airport near Underwood Road. Rick Woolfolk, Chair-Airport Advisory Board, stated that the Board recommended approval of the lease. The following ordinance was considered: NO. 95-261 AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE A COMMERCIAL LEASE AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS AND AVIONICS INTERNATIONAL SUPPLY, INC. FOR APPROXIMATELY 0.565 ACRES OF PROPERTY LOCATED AT THE DENTON MUNICIPAL AIRPORT, WITH OPTIONS ON THE LEASE OF ADDITIONAL PROPERTY COMPRISING AN ADDITIONAL 1.745 ACRES; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "ayet', Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. Resolutions A. The Council considered approval of a resolution declaring the intent to reimburse expenditures for the landfill expansion project with bond proceeds. Harlan Jefferson, Director of Treasury Operations, stated that this resolution was similar to one the Council approved last year. It was designed to provide funds for the landfill expansion even though the bonds had not yet been issued. In a prior discussion on this item, it was felt that there were three benefits to wait to issue the bonds until 1996. Those included a reduction of the City's short term debt service, a reduction of debt issuance costs, and a reduction of arbitrage liability. The Council needed to approve the reimbursement resolution before the end of the year. The following resolution was considered: NO. R95-082 A RESOLUTION TO DECLARE THE INTENT TO REIMBURSE EXPENDITURES FROM THE LANDFILL EXPANSION PROJECT WITH BOND PROCEEDS; AND PROVIDING FOR AN EFFECTIVE DATE. . City of Denton City Council Minutes Agenda No %gj - December 19, 1995 Agenda Item V Page 14 Date Young motioned, Miller seconded to approve the resolution. on roll vote, Miller "aye", Young Faye", Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. The following ordinance was considered: NO. 95-262 AN ORDINANCE AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A REAL ESTATE CONTRACT WITH ROGER C. SULLIVAN AND ROGER C. SULLIVAN COMPANY, A TEXAS CORPORATION FOR THE PURCHASE OF APPROXIMATELY 134 ACRES OF LAND FOR FUTURE EXPANSION OF THE CITY OF DENTON LANDFILL; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE. Howard Martin, Director of Environmental Operations, stated that the purchase of this property was essential to the expansion of the landfill. Council entered into an agreement with the Sullivans on April 61 1993 and the purchase option expired December 31, 1995. The contract had been structured in that manner in order to have time to evaluate the property for landfill development. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye". Cott "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution consenting to the sale by the Texas Municipal Power Agency ("TMPA") to Texas Utilities Electric Company ("TUEC") of certain metering equipment that is no longer needed or useful for the TMPA system. (The Public Utilities Board recommended approval.) Howard Martin, Director of Environmental Operations, stated that on January 1, 199D TMPA member cities entered into a contract with College Station to supply electric power. Metering and transmission equipment was constructed by TMPA to support the member cities sale of electricity to college station. The cost of the metering equipment was to be reimbursed by the cities to TMPA over a five year period. Each city's share was based on their share of excess generating capacity. Recently College Station had made a decision to purchase electricity from TU beginning January 1, 1996. As a result, the member cities contract would expire on December 30, 1995. After that date, the metering equipment under consideration would no longer be needed or used. The Planning and Operating Committee had determined and TU agreed to pay $85,752 for the metering equipment. Denton's share would be $11,799.48. The following resolution was considered: S City of Denton City Council Minutes December 19, 1995 ~~enda No, Page 15 4ernda Item Date NO. R95-083 A RESOLUTION CONSENTING TO THE SALE BY THE TEXAS MUNICIPAL POWER AGENCY ("TMPA't) TO TEXAS UTILITIES ELECTRIC COMPANY (ttTUEC") OF CERTAIN METERING EQUIPMENT THAT IS NO LONGER NEEDED OR USEFUL FOR THE TMPA SYSTEM; AND PROVIDING AN EFFECTIVE DATE. Miller motioned, Young seconded to approve. On roll vote, Miller ttaye't, Young "aye". Cott "nay", Krueger "ayett, Brock "aye,,, and Mayor Castleberry aye Motion carried with a 5-i vote. 11. The Council received an update on the Municipal Court. This item was not considered. 12. The Council considered nominations/appointments to the City's Boards and Commissions. Mayor Castleberry stated that Council Member Brock had previously nominated Rebecca Arnold-Moore to the Sign Board of Appeals. On roll vote, Miller "ayet', Young "aye", Cott "aye". Krueger "aye", Brock „aye's, Biles "aye", and Mayor Castleberry tlaye". Motion carried unanimously. 13. Vision Update. Council Member Miller stated that the Vision Cabinet had approved the strategic plans for each of the four major groups. each of the participating agencies take the information back tto tithe It voted separate entities. This would be considered at a future Council work session. 14. Miscellaneous matters from the City Manager. There were no items presented by the Acting City Manager. 15. There was no official action taken on closed Meeting Items. 16. New Business The following items of New business were suggested by Council Members for future agendas. A. Council Member Young requested that the City speak to the Railroad to have the bar ditches between sycamore and Prairie cleaned. He also requested that the City clean the bar ditches between Prairie Street to Robertson street. B. Council Member Cott requested a discussion item on the next agenda to consider extended hours for on-premise sales, service and consumption until 2 a.m. t City of Denton City Council Minutes enua Ho. ~r December 19, 1995 Agenda Item r~ Page 16 _ Date C. Council Member Brock requested an update on the Internet usage. 17. There was no continuation of the Closed Meeting during the Regular Session. With no further business, the meeting was adjourned 9:50 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002DA s G l f Agenda Agenda in appreciation of "FLOYD HALBERT" WHEREAS, on March 31, 1996, Floyd Halbert retired, aft.r serving with the City of Denton since July 6, 1970; and WHEREAS, during the past 23 years, Floyd has represented our City as an example of a quality service employee; and WHEREAS, the City of Denton has been fortunate in having enjoyed the dedicated and outstanding service of Floyd Halbert and wishes to recognize same; and WHEREAS, Floyd has always served above and beyond the efficient discharge of his duties in promoting the welfare and prosperity of the City, and has earned the full respect of his fellow employees, colleagues and citizens of Denton; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of Floyd Halbert felt by the citizens and officers of the City of Denton, be formally conveyed to him in a permanent manner by recording this Resolution upon the official minutes of the City Council of the City of Denton, Texas, and for- warding to him a true copy thereof as a token of our appreciation. PASSED AND APPROVED this r~-It4 day of /Ay2:L1&2 1996. BOB CASTLEBERRY, MA R 410 AW_f ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: rW APPROVED AS TO LEGAL FOR T HERBERT L. PROUTY. CITY ATTORNEY BY: ✓W( r L i ApenCa No.-'fl0 -01 Da:c ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE., THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION.]. That the following competitive bids for the construction of prtblic works or improvements, as described in the "Bic; Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1870 PIONEER PAINTING AND CONTRACTING $114,550.00 1880 JAGOE PUBLIC $120,748.00 I SECTION II. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION 11:1. That the City Manager is hereby authorized to execute all necessary ~ ritten contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 1 1 Agenda ND, 10 Agendd~al-ttemnn_ Date ll _ _ SECTION IV. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SECTION Y. 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 WALTE?S, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:- CONTRACr.noC S A a DATE: APRIL 2, 1996 Cr CITY COUNCIL REPORT Agenda No. ~ r TO: Mayor and Members of the City Council Agenda It M Oita FROM: Rick Svehia, Acting City Manager SUBJECT: BID # 1870 - RENOVATION TO THE AMERICAN LEGION BUILDING RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Pioneer Painting and Contracting, in the amount of $114,550.00. SUMMARY; This bid is for the renovation to the American Legion Building located in Fred Moore Park. The award is for the base bid only without alternates. Included in the renovation are required demolition, roofing, cabinets and counter tops, doors, windows, floors, signage, fire extinguishers, and other related activities. BACKGROUND; Tabulation Sheet PROGRAMS, DEPARTMENTS.ORGROUPS AFFECTED, Parks and Recreation Department, American Legion Members, and Citizens of Denton. FISCAL--IMPACT: This project will be funded from Community Development Block Grant (CDBG) Funds. Respectfully submitted: ick Svehia Acting City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 724.AGENDA P a .f s, f i BID NAME RENOVATION OF THE DBR PIONEER LANDMARK AMERICAN LEGION BLDG CONST PAINTING INT. OPEN DATE FEB. 20, 1996 & CONST. BUILDERS 1 QUANTITY DESCRIPTION _ VENDOR. _ VENDOR.. VENDOR VENDOR VENDOR ~ ~ t f BASE BID $125, _ t _ _ _ 845.00 $114,550.00 $126,761.00I BID BOND YES YES YES _ DAYS 1d5 120 120 L II b N v a c m Q O DATE: APRIL 2, 1 _ r c I Agenda No._ CITY COUNCIL REPORT Agenda m TO: Mayor and Members of the City Council Date FROM: Rick SvehIa, Acting City Manager SUBJECT: BID N 1880 - SYCAMORE STREET 6" WATERLINE REOOMMELYIIATION: We recommend this bid be awarded to the low bidder, Jagoe Public, in the amount of $120,748.00. SUMMARY This bid is forall materials and labor necessary in replacing the 8" waterline between Welch and Carroll with a 6" waterline. With construction of the Sycamore Street 20" upgrade waterline the 8" waterline may be decreased to 6". Sycamore Street is scheduled for repaving, and by replacing the waterline now, cutting the street after paving will be avoided. Three proposals were received in response to ninety-two notices to bid mailed to contractors. BACKGROUND; Tabulation Sheet, Memorandum from Jerry Cosgrove, PUB backup. PROGRAMS DEPARTMENTS_OR-GROUPSAFFECTED: Water and Sewer Utilities, Water Utility customers of the City of Denton. FISCAL-E PACT; Budgeted funds for 1996 CIP construction waterline replacement. Respectfully submitted: Rick Svehla Prepared by: Acting City Manager Name: Denise Harpool Title: Senior Buyer Approved: Name: Ton: D. Shaw, C 5-M Title: Purchasing Agent 721.AGENDA e t L f BID # 1880 BID NAME SYCAMORE STREET DICKERSON JAGOE DBR 6" WATERLINE CONST. PUBLIC CONST. OPEN DATE MARCH 14, 1996 CO. CO. i~ L VENDOR r# QUANTI DESCRIPTION VENDOR VENDOR VENDOR_ 1_ VENDOR _r TOTAL BID PRICE $1201797.00 $120,748.00 $128,772.00 BOND _ YES YES YES 4' f ~ ~ A t v v I G C Y i Q Q b i i ~ I I 1 I ' i i I it I~ ~ ail • i f ~ ! I I Agenda No. Agenda lem . Dale " CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 216 E McK1NNEY ~ DENTON, TEXAS 76201 (617) 566.8200 DFW METRO 434.2529 MEMORANDUM DATE: March 20, 1996 TO: Gerald Cosgrove, P.E. Engineering Administrator FROM: David Salmon, P.E. Senior Civil Engineer SUBJECT: Sycamore Street 6" Waterline Bids were opened on the subject project on March 14th, 1996. The low bidder was Jagoe Public with a bid of $120,748.00. The Engineering Division estimated this project at $128,351. Jagoe Public has constructed many similar waterlines in Denton with excellent results. The bid price is also reasonable. I recommend that the City Council award the bid for Sycamore Street 6" Waterline to Ja4oe Public. ~o C (A David Sa mon "Dedicated to Quality Sendce" y + ' iTE11f 7 Agenda Agenda rtem Date March 189 1996 PUBLIC UTILITIES BOARD AGENDA ITEM TO: CHAIRMAN AND ME46ER OF THE PUBLIC UTILITIES BOARD FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES SUBJECT: CONSIDER BID OPENING NO. 1880 FOR CAPITAL IMPROVEMENT PROJECT SYCAMORE 6 INCH WATERLINE. RECOMMENDATION: The Utility Staff and Public Works Engineering Department recommend award of the contract to Jagoe Public Construction Co. for the amount of $120,748.00 for the construction of Sycamore Waterline Replacement. SUMMARY: Bids were opened March 14, 1946, with a total participation of 3 bidders. Jagoe Public Construction Co. of, Denton, Texas is the lowest qualified bidder. Jagoe Public is approximately $11,000 under construction budget including the estimate charge for asphalt patching and $7,000 under the engineer's estimate. The total project cost is $13,750 under budget. The bid does not include asphalt patching The Engineering and Transportation Department will perform this service for $2.00 per square foot of patch. The area to be patched will be determined o ter the contractor has completed work. The estimate for patching is $21,000. BACKGROUND: During construction of the Sycamore 20 inch upgrade waterline project the existing 8 inch waterline between Welch and Carroll was discovered to be in poor condition and contained lead services. The Street Department will also be repaving the street. By replacing the 8 inch it will insure that the new pavement will not have to be excavated to do maintenance problems in the area. a r. , Agenkj:~_ Agen2ie Page 2 Date FISCAL IMPACT: A total of $173,000 is budgeted in revenue funds for the Fiscal Year 96 CIP for construction of the water replacement. See Exhibit V (Fund Analysis) for more detail. AGENCIES AFFECTED: The Citizens of Denton, Denton Municipal Utilities, The City of Denton Engineering and Transportation Department and ]ague Public. Respectfully .Submitted, R.B. Nelson, Executive Director Utilities Prepared by: Gerald P. Cosgrove, P.E. Engineering Administrator Approved by: Howard Martin, Director Environmental Operations Exhibit I Location Map Exhibit II Project Considerations Exhibit III Bid Summary Exhibit IV Fund Analysis Exhibit V CIP Detail Sheet HAW"RPUB I AQen a Item P EA@ e E j z l~ U JCA AVE, F W. o El W. HICK4R 3 x a a ~ I~N 1 > > ERRY a a SYCAMORE 1 ~ e CHESTNUT Z J STROUD m O LL) 1 PRAIRE U F W V a' HIGHLAND _ O a -ILIF MAPLE ❑ L QW a o ix u o w w 1 ~ Q u a EAGLE z a o E FANNIN m a MA'2CIE a ~ v F -1 COLLINS ~ nr ` SYCAMORE EXHIBIT I DRAWN' BY: DANIEL BROWN SCALE: 1"=600' J j A3enda No. Agend I m PROJECT CONSIDERATIONS Date_ SYCAMORE WATERLINE REPLACEMENT • The Street Department will be repaving Sycamore. Replacing the existing waterline will insure that the new pavement will not have to be excavated to perform maintenance. • The existing waterline is in poor condition and would have to be replaced soon, even if the street was not being paved. • The project is within budget. EXHIBIT 11 c D BID OPENING # 1880 Agenda ' MARCH 14, 1996 Agenda Item Date P CQ__ BID SUMMARY SYCAMORE STREET 6" WATERLINE ITEM CONTRACTOR/ SYCAMORE 6" DAYS BOND NO, OFFICE 1 JAGOE PUBLIC $120,748.00 30 YES DENTON, TX 2 DICKERSON $120,797.00 30 YES CELINA, TX 3 DBR CONST. 128,772.00 30 YES DENTON, TX r-. EXHIBIT III r b f SYCAMORE 6" WATER LINE PROJEC Benda No. FUND ANALYSIS Agenda Itfem . CdtO O J4 ACTUAL/ DESCRIPTION BUDGET ESTIMATE ENGINEERING DESIGN $8,000.00 $4,517.00 ACT SURVEY $4,000.00 50.00 ACT INSPECTION $8,000.00 58,000.00 EST ASPHALT INCLUDED IN CONSTRUCTION $21,000.00 EST CONSTRUCTION $153,000.00 $120,748.00 BID IOTAL $173,000.00 $154,265.00 (OVERYUNDER BUDGET S18,735.00 I EXHIBIT IV r ~V ~Hr'~~NLUYlrnvvclvlclvl r'n/JC1.1 ab--U4151-U7 PROJ TITLE: (R) REPLACE WATERLINES - SYCAMORE / t ESTIUATED C05T: $173 Agenda fJo. (x 1000) Agenda Ite GROUP ASSIGN IT DESCRIPTION: Replace 2,070 feet of 6Inch waterline on sycamore, Carroll to welch. PURPOSE: Redacl deteriorating waterline and lead se ines. COST Designcoat.as6male $12,000 Can cost $181.000 CALCULATION: Total $173,000 FUNDING RECIUIREMOM: ENCUMBERANCES/CASH EXPENDITURES (in Dollars z t0Ci1) First Qtr. Second Qtr. Third Qtr, Fourth Qtr. ENC ExP ENC EXP ENC EXP ENC EXP 1998 161 81 0 80 0 0 I 1997 0 0 0 0 0 0 0 0 0 0 1998 0 0 0 0 0 0 0 p ENCUMBERANCES CASH EXPENDITURES BOND REV AIC OTHER TOTAL BOND REV AIC OTHER TOTAL TOTAL IST YA s0 $161 s0 s0 $161 $0 $161 s0 $0 $161 i TOTAL M YR 0 0 0 0 0 0 0 0 0 0 TOTAL 3RD YR 0 0 0 0 0 0 0 GRAND TOTAL s0 $161 $p $0 0 0 p 6181 s0 1181 50 $0 $161 ENCLIMBERANCE DATES Enaanbarrad as p9n1, PHASE DATE AMOUNT OBJECT# 19 08195 4 Enginserin9 Design 09195 $ 8 5iI3 rnapectfon tore, $ e CwWucdon 01197 $153 9114 Atiaceiarteoua ENCUMBERANCE TOTAL $181 COMMENTS: This is a mun*vu pra}eot beginning in 19%. Encumberences Prior to 19% S 12,000 Current CIP $161.000 Total Project Budget- _ •3/22/959:34 EXHIBIT V Y i Agenda No. ~0 Agenda Item ORDINANCE NO. _ p - _ - AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR EMERGENCY PURCHASES OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES IN ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, state law and ordinance require that certain contracts requiring an expenditure or payment by the City in an amount exceeding $15,000 be by competitive bids, except in the case of public calamity where it becomes necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or it is necessary to protect the public health or safety of the citizens of the city, or in case of unforeseen damage to public property, machinery or equipment; and, WHEREAS, the City Manager has recommend,, io the City Council that it is necessary to purchase goods or services due to the following emergency conditions outlined in the memorandum attached hereto as Exhibit "A", incorporated herein by reference; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI. That the City Council hereby determines that there is a public calamity that makes it necessary to act at once to appropriate money to relieve the necessity of the citizens, or to preserve the property of the city, or to protect the public health of the citizens of the city, or to provide for unforeseen damage to public property, machinery or equipment, and by reason thereof, the following emergency purcn4; es of materials, equipment, supplies or services, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER NUMBER VENDOR AMOUNT 63388 MAIIANAY INTERNATIONAL $15,333.71 SECTION II. That because of such emergency, the City Manager or designated employee is hereby authorized to purchase the materials, equipment, supplies or services as described in the attached Purchase Orders and to make payment therefore in the amounts therein stated, such emergency purchases being in accordance with the provisions of state lawexempting such purchases by the City from the requirements of competitive bids. Y V A,)Enda No..1&: c ILL Agenda ItemLIP!, SECTION-111. That this ordinance shall become effective immediatelycy w- !S ~ 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: i i u DATE: APRIL 2, 1996 CITY-COUNCIL REPORT Agenda No,9 ~a/el a 3 m TO: Mayor and Members of the City Council AgeDatend FROM: Rick Svehla, Acting City Manager SUBJECT: PURCHASE ORDER #63388 - MAHANAY INTERNATIONAL RECOMMENDATION: We recommend this emergency purcha.,a to Mahanay International be approved in the amount if $15,333.71. SUMMARY: This eme%g -cy purchase order is for the repairs to a 1985 front load refuse truck. The truck is a front line unit and used daily to collect commercial refuse. While this to ck is out of service other units are forced to double up creating delays in servicing commercial ct stomers. Original estimates for the engine overhaul (made necessary by a fire in the turbo charger), and repair of other fire related damage was $10,900.00. Additional repairs to the radiator and replacement of a front spring increased the total amount to $15,333.71. These repairs should add 2-3 years to the life expectancy of the unit. Emergency purchases for services or supplies affecting public health or safety are exempt from the bid process as per Chapter 252 of the Texas Local Government Code. BACKGROUND: Purchase Order #63388 to Mahanay International, Invoice #16017 from Mahanay International. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Fleet Maintenance Operations and Commercial Solid Waste. FISCAL IMPACT: The initial purchase will be charged to Fleet Services outside sublet repairs and re-charged to the using department budget funds. Respectfully submitted: Rick Svehla Acting City Manager Ap roved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 722,AGENDA a PURCHASE ORDER NO: 63388 THIS IS A Xxx This number must appear all CONFIRMING ORDER _ invoices, delivery slips, cases, (IF MARKED) ctns., boxes, packing slips and bills. 00 NOT DUPLICATE Re4 No: Bid No: Date: 03 15 96 Page No. 01 I CITY OF DENTON TEXAS PURCHASING DIVISION / 901-8 TEXAS STREET / DENTON. TEXAS 76201-4354 8179383-7100 DIPW METRO 8171'267-0042 FAX 8171383-1302 VENDOR NAHANAY INTERNATIONAL ! 4AME/ P 0 BOX 580 DELIVERY CONFIRMATION ONLY C14 1DDRESS offim ADDRESS FLEET SERVICES MCKINNEY TX 75069 804 TEXAS DENTON, TX 76201 VENDOR NO. KAH49000 DELIVERY QUOTED 03 20 96 FOS DESTINATION BUYER MH TERMS LINE ANTI IT DE RIPT€ N UNIT PRIpF NT 001 15333.71 VENDOR CAT. # N / A MFG NAME 1.000 15033.71 CITY # 92958 RIG #2440 LABOR TO REPLACE BAD ENGINE & SPRING i 1 E e b O N a° o P.GE TOTAL it 15,333.71 GR ND TOTAL t 15,333,71 01 730 025 0580 8710 15,333.71 FNOOR INS1AtJCT10NS 3. Terms Net 30 +um's" 114-3, 10,060 Send toil l invoice with duplicate copy, 4. Shippinq instructions: F.O.B. Oestination prepaid iuo,si .m...,.. ,p.o,idl Bill to - Accounts Payable 5, No federal or state safes sax shall be included 715 E, McKinney St in prices b lfed. Purchasing Division Denton TK„7620j 1199 PURCHASING ' FART NO DFEGa:/iiDN oTM rRIGE .wLM MAHANAY INTERRNATIONAL, INC. 16017 OSANNNNAA go I D y MCKITINEY, TEX645001 I I ~ , r'.. a 542-1201 MET RO (214) 2314305, 3 NAME 4 k 2h 013CWYEA OF WAARANT'ES LL t"I R YE «v t Any Wilyscalso OM e W aide yr°au tl 1010 C1ryH[4! 0111Y.D,i•. AY ■ 4A i.I.~ NanOy A" an me" nada by Snr enrnu. w +••M6a1~ ` A(`tor. Thsp.NI O! t ~N 4~Q1 `TATd- henpy ►ep»ESW IFaR1111. NtNM p- vrrra or In II rd, $rcladlnq any Sidi F (1 M - h ~ '1~1}K ImoOay warranty 01 mrlthaalaOi Nty of Mon l { I INr 'c,y.~ / ci s Al1nla anal tAafaller nHEM1C a11urra& nor a~IlharlN4 any OINa/ Forw IF, a►- WEa,ail 1 w OOU 1 1 'j- to vliali ynaotb° r o I D.Q cAFJ 0 O Will. i NI1 of "It vr4duM a • I N,ryar IUINIn<F In1 ,FO•a 1111, rA,1 q +F OONF Ib 1ty r,N Nf1tf, INI MAW" V., MI IO, tw;lo.•a r1, Mr's DM,•tit• 4 lyr>•w1 P No I1r K. i,UMtlt• W O,IM'T N r1,N. M IYrIF1 m1Wn0 1 UM A Arht001,1,/ 01 WiF, "F ANN:, I•Crt INF "O✓1f 0 OWN t%,NN TJ, N01 C t0MIW la, IIIP1r,ppFbM O,larNbll 0, f t W14my 011h 101 pAm0,F I1 wI"41S,•p a. Iwo IF-.4 N,T VON, Ot,IN IFa1rr11ry 1 NO hI •Arr~Ir a, nr•,A d t IN/ A, 114 NrWU,T, i 10Ua IN rrM TIQIy1NaI, IMrw NI'Ma;l,lral NrlO,"I'Wo for 11l'F1o 4""n1r1UAM1AM c NC AMMIQI. w' Q ALrhDRi3D ar ~ r DFtWO, OESCMINTIDN W 1 -0`V I j --e t~ z A,`••lMnR7RwAMMD/R0{flA:1 ~;'=Y ~-1,,. t. /•t7~ ~~1 l: 77777777;77 _ W , ,y;., '.TOTALPAATSAfAOUNT. • PO ,b O✓rPO1 lA1 DA A i I M ARNN.a i TOTAL OTHER CHARGES NOT P0111il D tyro oil 4 rR 4Rtr E ' I AM THE IFE7ESCN OA A0El1T ACTIhb 04 EEEUELP 0/ 1SCE PEpaON, r 9l K~E tJaJ 'r TNt AE►AIR CO N!R~Gt.~ UMOlR NANO MAT TNI! YE+nICIE IE fLaUFCT TO REIOLSESE~ON IN At:COR- OANCI k111r 41 $43 TTXA! EVEIMEl3 AYD c5marER'E CODE IF A WR.T TtN ORDER P60 PA yNENT FOR RIPAIR ON TNI V11041:1.1 to STO►F•E,D, OISMONOREO 84CAUSE OF WSUFF+GEN1 FUNDS. NO t FUNDS, DR IECAUSE TMI DRAWER OR 1AARE4 OF TN6 ORDER AA1 0 aCCOURT OR iNE ACCOLAr ON WMICN IT I; CPAW'N NAE aEEh CLOSED. Du p0]• A , 1 OFA W,,70A OA :MIIP vy LUMUNar $"W or OPINION NewcoQr ,tom D„• a AECAPITUlJIT10•E X X • X I MAYE INSPECTED AND TESTED THIS UNIT, THE a ooLF waRCA"' uaoR AN 1 5D ABOVE REPAIRS HAVE BEEN MADE TO MY SATIS• Ias "I.1 lAO GRE.AII PART! G 1 FACTION, I HEREBY ACCEPT THIS UNIT AND CHARGES +sa cw~In aurrun AS LISTED. i OLITCoE LADDR AMATE Rik$ TAX a,rE T07AE SUPPLIES ~ ~ 1 ; TOTAL AMOUNS ~-1532(.', ~ u ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A CONTRACT PROVIDING FOR THE EXCHANGE OF CERTAIN REAL ESTATE OWNED BY THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, in accordance with the requirements of TEX. LOC. GOVT CODE ANN. CHAPTER 272.001 (VERNON 1988), has advertised for the exchange of a certain tract of real property located on the east side Mayhill Road and described as 10 acres of land 3,000 ft. south of FM 426 (McKinney Street). WHEREAS, the City manager having recommended to the City Council that the said exchange of land be approved; and WHEREAS, in accordance with Sec. 12.04 of the City Chapter, the Council hereby finds that the property described above is not essential to continued effective utl:ity service; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That the City Council of the City of Denton, Texas approves the contract between the City of Denton and Abner Inc., providing for the exchange of real property described in the contract, a copy of which is attached hereto as Exhibit "A" and incorporated by reference herein. SECTION 11. The City Council hereby authorized the City Manager to execute any and all documents necessary to consummate the exchange of real property in accordance with the contract, and the expenditure of funds incidental to said exchange. SECTION 111. 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 WAL'1ERS, CITY SECRETARY BY:. _ APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: LWD. ORD DATE: APRIL 2, 1996 CITY COUNCIL REPORT 41- . EJ1 YLP Agenda No. TO: Mayor and Members of the City Council Agenda i em _ C/ or FROM: Rick Svehla, Acting City Manager Date SUBJECT: BID 4 1872 - EXCHANGE OF LAND RECOMMENDATION: We recommend this bid be awarded to the sole bidder, Abner Inc., as proposed per the attached Terms of Land Exchange. SUhLMARY: This exchange of property and other consideration is required for the continued expansion of the City of Denton Landfill. The 10 acres acquired by the City from Abner currently contains a large microwave communications tower. Abner Inc. will continue to utilize this tower antenna until December of 1998 at which time the tower use will be discontinued. Acquisition of this land is critical to the current designs of the landfill expansion program. Planning and, ..ming Commission recommends approval. BACKGROUND: Tabulation Sheet, Terms of Land Exchange, Site Map PRODRAMS,_DEPARTMENTS .OR_GROUPS. AFFECTED: City of Denton Landfill Development, Denton Municipal Utility. FISCAL IMPACT: Funds for this land transaction will come from 1995-1996 Bond Funds Account #632-024-LAND-9001. Respectfully submitted: Rick Svehla Acting City Manager Approved: c - Name: Tom D. Shaw, C,P.M. Title: Purcha~;ng Agent 723,AGENDA S L BID # - 1872 BID NAME EXCHANGE OF LAND ABNER INC 'OPEN DATE FEBRUARY 229 1996 QUANTITY j _ DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR EXCHANGE OF LAND YES +$413,860.001 _ RENT TO ABNER S501MO. UNTIL 12198 '3 9 qd m r Q Q ~ Agenda No. Agenda Item Dale EXCHANGE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS EXCHANGE CONTRACT (hereinafter "Contract") is made as of by and between ABNER, INC. (hereinafter referred to as "Corporation") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinafter referred to as "City"), upon the terms and conditions set forth herein. EXCHANGE AGREEMENT WHEREAS, Corporation is the owner of that certain tract of land situated in Denton County, Texas, and being more particularly described in Exhibit A ("Tract A") attached hereto and incorporated herein for all purposes; and WHEREAS, City owns that certain tract of land situated in Denton County, Texas and being more particularly described in Exhibit B ("Tract B") attached hereto and incorporated herein for all purposes; and WHEREAS, Corporation wishes to acquire Tract B and City wishes to acquire Tract A; and WHEREAS, City is willing to convey Tract B upon the terms and conditions contained herein; and WHEREAS, Corporation is willing and able to convey Tract A upon the terms and conditions contained herein; NOW, THEREFORE, for and in consideration of the mutual agreements contained herein, corporation and City hereby agree as follows: 1. Exchange Agreement Subject to the terms and conditions contained herein, Corporation agrees to convey Tract A to City, and City agrees to convey Tract B to Corporation. 2. No-Creation of Additional Encumbrances by Affirmative Actions. A. Corporation agrees that neither Corporation or its predecessors in title to Tract A will not, through affirma- tive actions taken after the date hereof and before the ACmda No. W " e✓I Agenda ( em _ Date closing date create any additional encumbrance affecting Tract A without the express prior written consent of City. City agrees that City will not withhold consent to a proposed additional encumbrance affecting Tract A if such proposed additional encumbrance has no material, adverse effect upon the value, development, or use of Tract A. If Corporation through affirmative actions taken after the date hereof and before the closing date does create any additional encumbrance affecting Tract A without the express prior written consent of City, Corporation shall be required to remove any such additional encumbrance at Corporation's sole cost and expense prior to or at the Closing. B. City agrees that City will not through affirmative actions taken after the date hereon and before the closing date create any additional encumbrance affecting Tract B without the express prior written consent of Corporation. Corporation agrees that Corporation will not withhold consent to a proposed additional encumbrance affecting Tract B if such proposed additional encumbrance has no material, adverse effect upon value, development, or use of Tract B. If City through affirmative actions taken after the date hereof and before the closing date does create any additional encumbrance affectinq Tract B without the express prior w-;tten consent of Corporation, city shall be required to remove any such additional encumbrance at City's role cost and expense prior to or at the time of Closing. Platting of Tract B for the purpose of allowing a tower to be placed upon Tract B shall not be deemed an encumbrance for purposes of this provision. 3. Closing Date. The closing shall be held at the office of on or before or at such time, date, and place as City and Corporation may mutually agree upon (which date is herein referred to as the "closing date"). 4. Delivery of Deeds, Easement Agreement and Possession. A. At the Closing, Corporation shall: (i) execute, acknowledge and deliver to City a Special Warranty Deed conveying Tract A to City (the "Corporation Deed") and any and all other documents necessary to convey tract A to city; (ii) Subject to the provisions of Paragraph 10, deliver possession of Tract A to City; and (iii) supply City e Commitment identical to those contained in the Commitment issued. B. At the Closing, City shall: (i) execute, acknowledge, and deliver to Corporation a Special Warranty Deed PAGE 2 Agenda Agenda II m Date ~,4? conveying Tract B to Corporation (the "City Deed"); (ii) deliver possession of Tract B to Corporation and (iii) pay Corporation $ 413,850,00 See paragraph 29 herein. 5. Property Tax Liability. Corporation hereby Agrees that Corporation will pay all 1995 property taxes levied or assessed against Tract A. 6. Closing Costs. A. Corporation will pay the filing fees for the City Deed, and City will pay the filing fees for the Corporation Deed. B. If Corporation desires to obtain a title insurance policy covering Tract P, Corporation shall pay the premium therefor. If City wishes to obtain a title insurance policy covering Tract A, City shall pay the premium therefor. If only one party desires such title insurance, that party may select the title company. If both parties desire title insurance, then it is agreed that the title insurance company shall be C. If there are any closing costs not allocated to Corporation or City herein, such closing costs shall be paid by the party incurring same. 7. Inspection of Property. A. For a period of ten (10) days from the date hereof Corporation agrees to allow City to enter upon Tract A for the purpose of inspecting the same, and for the purpose of conducting such environmental tests, feasibility studies, and other tests or studies the City deems advisable. If City, in City's sole discretion, is not satisfied with such inspections, tests or studies, City may terminate this Contract by giving written notice of termination to Corporation within twenty (20) days from the date hereof. In the event City terminates this Contract pursuant to this paragraph 7, City agrees to restore Tract A substantially to its condition prior to City's entry. B. For a period of ten (lo) days from the date hereof, City agrees to allow Corporation to enter upon Tract B for the purpose of inspecting the same. If Corporation, in Corporation's sole discretion, is not satisfied with such inspections, Corporation may terminate this Contract by giving written notice of termination to City within twenty (20) days from the date hereof. In the event Corporation terminates this Contract pursuant to this paragraph 7, Corporation agrees to restore Tract A substantially to its condition prior to Corporation's entry. PAGE 3 V Agenda No 8. REPRESENTATIONS Agenda I em Date ` A. The Corporation represents that it and its officers do not have any knowledge of any toxic or hazardous wastes or materials on or within Tract A nor does the corporation and any of its officers have any knowledge of toxic or hazardous wastes or materials as same are defined by the Rea.-,:-ce Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response nompensation and Liability Act (CERCLA), as amended on or within Tract A. 8. The City of Denton represents that the City and its representatives do not have any knowledge of any toxic or hazardous wastes or materials on or within Tract 8 nor does the City and its representatives have any knowledge any toxic or hazardous wastes or materials as some are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), as amended on or within Tract B. I PAGE 4 1 AEenda No. Agenda Ile . Date_ 9. 'Authority. A. Four (4) days prior to closing, City agrees to furnish to Corporation, and if necessary, Corporation's Title Company, written evidence of the authority of the party(a) executing this Contract on behalf of the City. City agrees to furnish to Corporation, and if necessary, Corporation's Title Company, at or prior to the Closing written evidence of the authority of the party(s) executing the City Deed on behalf of the City. 8. Four (4) days prior to closing, Corporation agrees to furnish to City, and if necessary, City's Title Company, written evidence of the authority of the party(s) executing this Contract on behalf of Corporation. Corporation agrees PAGE 5 Y Agenda No. " Agend' ) em Date to furnish to City, and if necessary, City's Title Company, at or prior to the Closing written evidence of the authori- ty of the party(s) executing the Corporation Deed on behalf Corporation. 10. Survival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 11. No Commissions. Corporation and City warrant and represent to each other that no real estate brokers', agents', or finders' fees or commissions are due arising in connection with the exchange of Tract A for Tract B, from the execution of this Contract or from the consummation of the transactions contemplated herein, and each party hereto hereby agrees to indemnify and hold the other party harmless from claims made by any person for any such fees, commissions or like compensation claiming to have dealt with the party so indemnifying the other. 12. Remedies. If Corporation breaches any of the agreements of Corpora- tion contained in this Contract and such breach is not cured within fifteen (15) days after City has delivered written notice thereof to Corporation, City at City's election may either terminate this Contact; or seek all other remedies set forth in this Contract or available at law, in equity, or by statute, including specific perfor- mance; provided, however, if Corporation is unable to deliver title to Tract A free and clear of any encumbranc- es, City's only remedy shall be termination of this Contract unless the encumbrance in question is an encum- brance created the date hereof and before the closing date, by the affirmative actions of Corporation to which City did not consent in writing, in which event City shall be entitled to exercise all of the remedies set forth herein- above. If city breaches any of the agreements of City contained in this Contract and such breach is not cured within fifteen (15) days after Corporation has delivered written notice thereof to City, Corporation at Corporation's election may either terminate this contract; or seek all remedies set forth in this Contract or available at law, in equity or by statute, including specific performance; provided, however, PAGE 6 Agenda No. Agenda it m Data C if city is unable to deliver title to Tract B free and clear of any encumbrances, Corporation's only remedy shall be termination of this Contract unless the encumbrance in question is an encumbrance created after the date hereof by the affirmative actions of City to which corporation did not consent in writing, in which event Corporation shall be entitled to exercise all of the remedies set forth herein- above. 13. Attorney's Fees. Should either party to this Contract commence legal pro- ceedings against the other to enforce the terms and pro- visions of this Contract, the party losing in such legal proceedings shall pay the attorney's fees and expenses of the party prevailing in such legal proceedings. 14. Time_of Essence. Time is important to both Corporation and City in the performance of this Contract and they have agreed that strict compliance is required as to any date set forth herein. If the final date of any period which is set forth in any term or provision of this Contract falls upon a Saturday, Sunday, or legal holiday under the laws of the United States or the State of Texas, then, and in such event, the time of such period shall be extended to the next day which is not a Saturday, Sunday, or legal holiday. 15. Notices. Any notice required or desired to be given to either party hereto shall be deemed to be delivered (i) on the date of delivery, if hand delivered, (ii) one (1) day after sending, if sent by overnight courier, or (iii) if sent by mail, the day the same is poster, in a U.S. mail receptacle, postage prepaid, certified mail, return receipt requested, to the address of the applicable party set out above such party's signature hereinbelow. Either party hereto may change such party's address for notice, but until written notice of such change of address is actually received by the other party, the last address of such party designated for notice shall remain such party's address for notice. 16. Severability. If any term or provision of this Contract is held to be illegal, invalid, or unenforceable, the legality, validity, and enforceability of the remaining terms and provisions of this Contract shall not be affected thereby, and in lieu of each such illegal, invalid, or unenforceable team or pro- vision there shall be added automatically to this Contract a legal, valid, and enforceable term or provision as PAGE 7 i Agenda No. Agenda tem Date similar as possible to the term or provision declared illegal, invalid, or enforceable. 17. Waiver. Either Purchaser or City shall have the right to waive any requirement contained in this Contract, which is intended for the waiving party's benefit, but, except as otherwise specifically provided herein, such waiver shall be effect- ive only if in writing executed by the party for whose benefit such requirement is intended. 18. Cumulative Rights and Remedies. Except as specifically limited herein, no right or remedy set forth in this Contract is intended to be exclusive of any other right or remedy set forth in this Contract or by law provided, but each shall be cumulative and in addition to every other right or remedy set forth in this Contract or now or hereafter existing at law or in equity or by statue. 19. Captions. The captions used in connection with the articles and sections of this Contract are for convenience only and shall not be deemed to expand or limit the meaning of the language of this Contract. 20. Use of Lancruave. Words of any gender used in this Contract shall be held and construed to include any other gender, and words in the singular shall be held to include the plural, unless the context otherwise requires. 21. Exhibits. All exhibits, attachments, annexed instruments, and addenda referred to orr:in ohall be considered a part hereof for all purposes with the same force and effect as if copied verbatim wherever reference is made to same. 22. No Representations or warranties. Except for the general warranty of title contained in the City Deed and +:epresenta t ions in paragraph eight (8) above, Corporation hereby acknowledges that city has not made any representations or warranties to Corporation with respect to the suitability of Tract B for any intended use, the condition of Tract B (including soil and sub-soil condi- tions), the appreciation or income potential of Tract B, and access to Tract B. PAGE 8 ' I Agenda NoJE' A,pEntl I eDale 23. Entire Agreement, This Contract embodies the entire agreement between Corporation and City with respect to the subject scatter hereof and supersedes all prior agreements whether written or oral. 24. Amendment. Except as otherwise specifically provided herein, this Contract may not be amended, varied, or terminated except by an agreement in writing executed by both Corporation and City. 25. Binding Effect. Except as otherwise provided herein, this Contract shall be binding upon and inure to the benefit of Corporation and city and their respective successors and assigns. 26. CITY WARRANTS. City warrants that tract B is zoned as such to allow the corporation to erect 456 feet radio communications To er, the r further warrants that tact B has access to aU utilities. ' 27. PLATTING TRACT B. The City agrees to survey and plat tract B and record the plat in the Real Property Records prior to closing. 28. INSPECTION OF TITLE, Both party shall have a period of ten (10) days from the receipt of the tide commitment, copies of restrictions & easements, and copies of all Schedule 'B' exceptions (on title commitment) to review said document. If either party is not satisfied with said exceptions, either party may terminate this contract by given notice to terminate within the ten (10) day period. 29. ESCROW AGENT. The monies payable to the corporation under provision 4. b. iii of the contract shall be paid to the Corporation's escrow agent as designated by the Corporation. 30. LEASE The City agrees to lease Tract B to the Corporation from the date of the exchange until December 31, 1998 at the rate of $50.00 per year. PAGE 9 b EXECUTED by Corporation and City on tho date first referenced above. o V Agenda Na 910 CORPORATION: CITY: Apenda Lle CITY OF DENTON Date Address: Address: 215 E. McKinney Denton, Texas 76201 BY: BY: PRESIDENT RICK SVEHLA, ACTING CITY MANAGER ! ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 10 EX RIBTT'A' df Agenda No. Agenda Ite Date Being a tract of land situated in the G. Stalker Survey Abstract No. 1330 Denton County, Texas and being a pert of the tract described in the Deed from Gary Hancock to Roger C. Sullivan and Robert H. Heiser recorded in Volume 970, Page 88 of the Deed Records, Denton County, Texas. the subject tract being more particularly described as follows$ BEGINNING for the Southwest corner of the tract being described herein, at an 1/2 inch iron rod set In Edwards Road in the occupied South line of the Sullivan and Heiser tract South 86 degrees 29 minutes 00 seconds last a distance of 707.75 feet from the apparent Southwest Corner thereof and also being in North line of Allan Estates Mobile Home Park as shown by the Plat thereof recorded in Cabinet C, Page 383 of the Plat Records of Denton County, Texas; THENCE North 01 degrees 31 minutes 00 seconds East passing at 15.0 feet a 1/2 inch iron rod set under a gate in a fence along the North side of Edwards Road and continuing, in all, a total distance of 660.00 feet to a V- 2 inch iron rod set for the Northwest corner of the herein described tracts THENCE South 88 degrees 29 minutes 00 seconds East parallel with the South line of the Sullivan and Heiser tract a distance of 660.00 feet to a 1/2 inch iron rod set for the Northeast corner of the herein described tract= THENCE South 01 degrees 31 minutes 00 seconds Hest a distance of 660.00 feet to a 1/2 Inch iron rod set for the Southeast corner of the herein described tract in the South line of the Sullivan and Heiser tract in the remains of an old fence line about 12 feet South of a standing fence= THENCE North ee degrees 29 minutes 00 seconds Hest with the South line of the Sullivan and Heiser tract along Edwards Road part of the way a distance of 660.00 feet to the PLACE OF BEGINNING and enclosing 10.00 acres of land. I 4 Agenda No, EXHIBIT "B" Agenda I m. (10 Acre Tract) Date ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas, in the Gideon Walker Survey, Abstract 1330 and being part of a 84.8193 acre tract conveyed from D.J. Anderson to the City of Denton by deed recorded in Volume 2431, Page 843 of the Real Property Records of Denton County, Texas and being more particularly described as follows: COMMENCING at the most northerly northwest corner of said 84.8193 acre tract, said point lying in Mayhill Road and on the west line of said Gideon Walker Survey; THENCE South 010 31' 31" West along the west line of said survey a distance of 131.96 feet to a point for corner; THENCE South 870 52' 38" East a distance of 132.74 feet to the POINT OF BEGINNING said point also being the beginning of a curve to the right whose radius point bears South 024 07' 22" West a distance of 288.38 feet and has a central angle of 35' 231 44"; THENCE southeasterly along said curve an arc distance of 178.15 feet to a point for corner, said point being the beginning of a curve to the left whose radius point bears North 37" 311 06" East a distance of 337.33 feet and has a central angle of 350 301 27"; THENCE southeasterly along said curve an arc distance of 209.05 feet to a point for corner; THENCE South 870 59' 21" East a distance of 284.43 feet to a point for corner; THENCE South a distance of 195.01 feet to a point for corner; THENCE South 200 001 00" West a distance of 528.61 feet to a point for corner; THENCE North 870 37' 00" West a distance of 500 feet to a point for corner; THENCE North 009 38' 22" East a distance of 15.26 feet to a point for corner; THENCE North 790 04t 24" West a distance of 1.18 feet to a point for corner; THENCE North 040 00" 52" East a eistance of 384.83 feet to a point for corner; THENCE South 830 50' 05" East a distance of 22.08 feet to a point for corner; THENCE North 040 13' 40" East a distance of 45 feet to a point for corner; THENCE North 880 391 38" West a distance of 30.52 to a point for corner; THENCE North 020 371 32" East a distance of 367.74 feet to the POINT OF BEGINNING and containing 10 acres of land. 1/02/96 AEE00632 r Agenda No. -64 Agenda I M TOWER SITE ACQUISITION Date PROPERTY EXCHANGE 0 10 acre property exchange o Acreage exchange with Abner, Inc. (Tower Owner) o New 10 acre site on Wastewater Treatment Property CONDITIONS OF THE EXCHANGE o Tower price $413,850 o Purchase price paid to Abner, Inc.'s escrow agent o Abner agrees to remove of all customers by December 31, 1998 o City agrees to lease existing tower location for $50.001year o City warrants property zoned for tower use o City provides utilities (electric) o Responsibility for environmental damages determine by common law o City responsible to plat property prior to closing (in process) FILE; CM"Iv.flscwsr EKAVaAWF0RD ! Agenda No. - t r 1 ~ j j L' r T. WE I l~~ r~•~ j 1 I r't L \ E i TIN - TOW ITE i AQMfl1o. AW4 Rem Ode. CITY COUNCIL REPORT FORMAT TOs Mayor Castleberry and Members of the City Council PROMS Rick Svehla, Acting City Manager SUBJECTS APPROVAL OF ORDINANCE AUTHORIZING ASSIGNMENT PAY RECOMMENDATION: It is our recommendation that City Council approve an ordinance authorizing assignment pay fire department employees in the classification of Captain who are also assigned to perform the duties of information Management Coordinator. SUMMARY: Assignment pay is authorized for Fire Fighters serving in "specialized functions" according to Texas Local Government, Chapter 143.042: Assignment Pay. BACKGROUND: This position was approved in the FY 1995-96 budget process. This ordinance will be similar to existing ordinances we have for assignment pay which have been in effect since 1988. PROGRAMS. DEPARTME~fTS OR GROUPS AFFECTED: None FISCAL IMPACT: There is no fiscal impact other than that programmed into our budget. RESPECTFULLY SUBMITTED: i R k Sve la Acting City Manager Prepared by: J s R. Th ma on - ¢eputy Fire Chief Ross Chadwick Fire chief Agen7a No. p.gc IdaIfem ORDINANCE NO. Dale " AN ORDINPNCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEE IN THE CLASSIFICATION OF CAPTAIN WHO IS ALSO ASSIGNED TO PERFORM THE DUTIES OF INFORMATION MANAGEMENT COORDINATOR; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 143.042 of the Local Government authorizes a municipality to pay assignment Code pa which is amount and is payable under conditions set by ordinance; andin an WHEREAS, the City Manager and Fire Chief having recommended that the Fire Department employee in the classification of-Captain who is assigned to perform the duties of Information Management Coordinator should receive assignment pay of Five Hundred Thirty- two Dollars and Nine cents ($537.09) per month; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: t I• That the Fire Department employee classified as Captain who is assigned to perform the duties of Information Management Coordinator shall receive assignment pay of Five Hundred toithe regularlmonthly salary eofsCaptainQ9) per month in addition SECT, 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: HERB PROUTY, CITY ATTORNEY BY: Ci\WP51\LEGAL\INT0H0HT v f f Agenda No. A,end~ Item -72 CITY COUNCIL REPORT FORMAT Vail , DATE: March 22, 1996 TO: Mayor and Members of the City Council FROM: Charlie Watkins, Superintendent of Solid Waste SUBJECT: Consider an ordinance authorizing the execution of a contract with Hazel White for the purchase of real property on Foster Road RECOMMENDATION: The Planning and Zoning Commission recomiends approval SUKWUBACKGROUND• The City was able to reach an agreement with Hazel White for the purchase of one and one-half acres of real property on Foster Road for the expansion of the Denton Municipal Landfill. The purchase price for the property, which contains 3 houses and miscellaneous outbuildings - $116,100. FISCAL IMPACT: $116,100.00 RESP LILLY SUBMITTED: I~ Ric Sve 4a&--e- Acting City Manager Prepared by: *ar4es. 6aatt ins Superintendent, Solid Waste Approved by Approved by: R.E. Ne son Howar Aatin Executive Director of Utilities Director Environ operations AEE00605 li J:%WPD0CSWRD\CURRAY,0RD Agenda No.1 Agenda jtem Date ° ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND HAZEL WHITE CURRAY FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PURPOSES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That it approves the attached agreement between the City of Denton and Hazel White Curray for the purchase of real landfill executeytheragreement onrbehalfaof thehCityeS the City Manager to SECTION II. That it authorizes the expenditure of funds in accordance with the terms of the agreement. SECTT~III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB C- A RRYO MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY., APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Y Agenda No. f ~ Apenda It m 1 11x18 N h REAL ESTATE CONTRACT I STATE OF TEXAS COUNTY OF DENTON r I THIS CONTRACT OF SALE is made by and between Hazel White Curray (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Denton County, Texas, (hereinaf- ter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately 1.5 acres of land situated in Denton County, Texas, being more particularly described in Exhibit A attached hereto and incorporated herein by reference for all purposes together with all erty, rights pertainin to in the and oto adjacent streets, alleys or rights-of-way (all of such real prop- erty, rights, and appurtenances being hereinafter referred to as the "Property"), together with any improvements, fixtures, and per- sonal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. PURCHASE PRICE 1. Amount of Purchase Price, The purchase price for the Property shall be the sum of One hundred sixteen thousand one hundred dollars and no cents ($116,100.00). 2. Payment of Purchase Price. The full amount of the Purchase Price shall be payable in cash at the closing. PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the follc'i.ng conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1• Preliminary Title lee Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a pre- liminary title report (the "Title Report") accompanied by copies of ,1t,h, PAGE 1 ApenGa No.-• a.penda ;tem ~ r Date all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In :he event Seller is unable to do so within ten (10) days after re%eipt of written notice, this Agreement shall thereupon be null a:id void for all purposes and the Escrow Deposit shall be forthwith returned by the Title Company to Purchaser; otherwise, this con- dition shall be deemed to be acceptable and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared by a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and r shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event the survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. 3. Seller's Compliance. Seller shall have performed, ob- served, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by Seller prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER Seller hereby represents and warrants to Purchaser as follows, which representations and warranties shall be deemed made by Seller to Purchaser also as of the closing date: AEE004FE PAGE 2 Agenda No.~ Agenda I em_, Date I. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, ;ior to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. I 4. (a) There are no toxic or hazardous wastes or materials on or within the Property. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as same are defined by the Resource Conservation and Recovery Act (RCRA), as amended, and the Comprehensive Environmen- tal Response Compensation and Liability Act (CERCLA), as amended. (b) The City of Denton assumes the risk of and agrees to indemnify and hold Seller harmless, and to defend Seller against and from all claims, costs, liabilities, expenses (including without limitation court costs and attorney's fees); or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of the City of Denton, Seller or any third party), or causing property damage or destruc- tion of whatsoever nature or contamination to the environment (including without limitation property of the City of Denton or Seller, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring after Closing. (c) Seller assumes the risk of and agrees to indemnify and hold the City of Denton harmless, and to defend the City of Dentcn against and from all claims, costs, liabilities, expenses (includ- ing without limitation court costs and attorney fees), or demands of whatsoever nature or source for any defects or Environmental Problems, latent or obvious, discovered or undiscovered, in the real and chattel property to be conveyed hereunder, causing per- sonal injury to or death of persons whomsoever (including without limitation employees, agents or contractors of Seller, the City of Denton or any third party), or causing property damage or destruc- tion of whatsoever nature or contamination to the environment (including without limitation property of Seller or the City of Denton, or property in its or their care, custody, or control, and third party property), arising out of acts, omissions or events occurring before Closing. AEM4FE PAGE 3 Agenda No.y A.genda,te - Date "Environmental Problems" means any cause or action under the federal Comprehensive Environmental Response Compensation and Liability Act of 1980 (as amended) and any cause or action arising from similar federal, state or local legislation or other rules of law, and private causes of action of whatever nature which arise from environmental damage, toxic wastes or other similar causes. MISCELLANEOUS OBLIGATIONS OF PARTIES Seller shall be allowed to occupy the property until closing. CLOSING The closing shall be held at the office of Dentex Title Company, Denton, Texas, on or before August 1, 1995, or at such title company, time, date, and place as Seller and Purchaser may mutually agree upon (which date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Sellers Requirements. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty :eed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, asses- sments, and restrictions, except for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by Purchaser pursuant to Purchaser's Obligations here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Title Policy at Purchaser's sole expense, issued by Dentex Title company, Denton, Texas, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purch- aser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in lc osin Requirements hereof, such other exceptions as may be approved in writing by Purchaser, and the standard printed exceptions contained i% the usual form of TexaT Owner's Title Policy, provided, however: 1. The boundary and survey exceptions AEE004FE PAGE 4 i, j, 4 Agenda No, AQendll ems Date shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Seller; 2. The exception as to restrictive cove- nants shall be endorsed "None of Record"; 3. The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encumbering the Property shall be endorsed "None of Record". C. Deliver to Purchaser possession of the Property on the day of closing. 2. Purchaser's Recuirements. Purchaser shall pay the full cash purchase price to Seller at Closing in immediately available funds. 3. Closing Costs. Through the date of Closing, Seller shall pay all taxes assessed by any tax jurisdiction through the date of Closing. Any taxes imposed, assessed or arising because of a change of use of the Property after closing shall be paid by Seller. All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. AEE0047E PACE 5 r H i Agenda N4. Agend I em Date PREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATICNS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. Assignment of Agreemenc. This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenants . Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the tra;,6actinns contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Aovly. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. Parties Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. Leaal Construction. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said in- validity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal, or unenforceable provision had never been contained herein. 7. Prior Agreements Superseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. A. Time of Essence. Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the AEE004FE PAGE 6 Y y t Agenda No,/ Agenda Item Date ' singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Contract. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. Compliance. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hr_reby advised that it should be furnished with or obtain a policy Df title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Time Limit. In the event a fully executed copy of this Agreement has not been returned to Purchaser within five (5) days after Purchaser executes this Agreement and delivers same to Sel- ler, Purchaser shall have the right to terminate this Agreement upon written notice to Seller. 13. Subject to approval of the Tarrant County Probate Court. DATED this day of SELLER SELLER Clifto ite Hazel White Curry-Subject to approval c Den n County Probate Court BY: BY R bqq eb, Guardian es white, Guardian of the Pe o and Estate of Clifton White, an Incapacitated Person PURCHASER THE CITY OF DENTON$ TEXAS By: _ Rick Svehla, Acting City Manager 215 E. McKinney Street Denton, Texas 76201 AEE004FE f r: 1' 1. f PAGE 7 r, i Agenda i em_ Date- STATE OF TE~S, COUNTY OF /iI N (1 This instrument was acknowledged before me on by + S)i Fatit~ ~ j I 9!7.9,7r7;A7~9.`~T7,,'T.?!T'T, P.R9~:~?~!s, Yd T)T ~`1~ ~I1 7t +'.q r Deborah 1. Robertson, Natary Y' '---ROTARY ~N AND FOR TEXAS PubtialnandfartheState atTexas ~ VY Commission Expires s4-4A y ~VYYYYYtlYYYYtlVYYYYYbYYCif •,uv~.v STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the by LLOYD V. HARRELIr, City Manager, of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate ordinance of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:; tcl~~.~t° rl1 L. PAGE 8 i a,;;nra he t r,pcntla 6m Ya NO. 95-2673-1 Date- IN RE: GUARDIANSHIP OF § IN THE PROBATE COURT THE PERSON AND ESTATE OF CLIFTON WHITE, § NUMBER ONE OF AN INCAPACITATED PERSON § TARRANT COUNTY, TEXAS DECREE CONFIRMTNG SALE OF REAL PROPERTY On this day _ Ae urt heard d considered the Report of Sale of Real Property ("the Report"), filed on der, The Court finds that five (5) days have expired since g ofthe Report; that increase in the bond of the Guardian to a total amount of $32,000.00 was necessary; that the sale was for a fair price, was properly made and, was in conformity with the law. Such real property is described as follows: An undivided one-fourth Interest in one and one-half acres of land located in Denton County, Texas, purchased by NEIL G WHITE (deceased) and HAZEL WHITE (Curry) by deed dated March 3, 1957, recorded in Volume 428, Page 20 of the Recording Records of Denton County, Texas. It is, therefore, ORDERED, ADJUDGED, and DECREED that the sale of the above- described real property to the City of Denton, Texas by the C-uardian of the Estate of CLIFTON WHITE, an Incapacitated Person, as described in the said Report of Sale, be and is hereby approved and confirmed upon compliance by the purch er with the terms of dke sale as set forth in the said Report of Sale. SIGNED on this the day of 1996. GE PRESIDING Reeun rooiea to: Robert J. oieb Aeomey at law 614 Wed tat Street Foes Worth. Texas 76172 336.5681; Stue Bar 077889500 WHrrE.CMDECREE,RP ' f L 1 Agenda IY,).~ t P.gend tong Y r+ Date L i. . CAUSE NO. PR-94-178 GUARDIANSHIP OF THE X IN THE PROBATE COURT X PERSON AND ESTATE OF Y OF i X HAZEL WHITE CURRY Y DENTON COUNTY, TEXAS X AN INCAPACITATED PERSON X -7 OF REAL PROPERTY On the, ay of 1996, the Application for Sale of Real Property, filed on January 1996, b J N. %Iiite, Guardian of the Person and Estate of Hazel White Curry, was heard and considered by the court, and, after hearing the evidence in support of the application, the Court finds as follows: 1. Citation has been issued and served as required by law, and no one contested the application. 2. The application is accompanied with an exhibit, verified by affidavit, showing the condition of the estate, and the application; and exhibit meet the requirements of section 342 or 821 of the Texas Probate Code. 3. The legal description of the real property to be sold is: All that certain tract or parcel of land, situated in Denton County, Texas, out of the Gideon Walker Survey and being out of the Southwest comer of 138 acres of land purchased by W. A- Edwards from John R. Henry, and more particularly described as follows: BEGINNING at the Southwest corner of said 138 acre tract; THENCE East along the South boundary line thereo& 112.5 varas more or less to the Southeast comer of a tract conveyed by W. A. Edwards to S. M. Bradley, County Judge of Denton County, Texas, by deed dated March 20, 1886, shown of record in Vol. 31, page 109, Deed Records of Dente County, Texas; THENCE North with the East boundary line of said last mentioned tract, 75.13 varas to the Northeast corner thereof; THENCE West 112.5 varas more or less to the Northwest comer of a tract conveyed by W. A. Edwards to the Trustees of Rippey School by deed dated November 18, 1881, shown of record in Volume S, page 176, Deed Records of Denton County, Texas; Crder For Sale Cf Real Property Page - I s v r L Agenda No wO f d Agenda Item ` Date THENCE South with the West boundary line of said last mentioned tracnt4m - varas to the place of beginning and containing 1-112 acres of land, more or less, being the same property conveyed tc Neal C. White and Hazel White, his wife by Deed from W. H. Edwards recorded in Vol 428, Page 50 of the Denton County Deed Rmords. 4. The general bond of Guardian as required by law is sufficient for the present time. 5. The sale sought in the foregoing application is necessary and advisable for the following reasons: The expense of providing for the support and maintenance of the ward is continuing and the present funds on hand will eventually be exhausted and the funds from the sale of the property will be needed for the support of the ward. The ward has become disabled and can no longer use the property for residential purposes and the net rental income from the property does not amount to any substantial sum in excess of the expenses of operating and maintaining the property and the expenses for payment of the real .state taxes and insurance cost. And further, the location of the property does not inake it desirable or attractive as a private home site because of the City of Denton landfill near the property, and, the court having found that: 6. The application should be granted, and the property should be sold. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED that the property described in this order shall be sold at a private sale on the terms as set out in the Real Estate Sale Contract attached as Exhibit B. to the Application for Sale of Real Property, which is on file herein. IT IS FURTHER ORDERED that no additional bond shall be required of the Guardian at this time, and that after the sale has been made, a report of sale shall be returned in the manner required by law, at which time an order will be entered requiring that all funds received from such We be delivered to the Bank of America to be held for safekeeping and invested pursuant to the order dated the 18th day of April 1994. Order For Sale Of Real Property Page - 2 a fi u Agenda No. 2 Agenda Item SIGNED this 3vL day of 1996. Date_~`~i Pzd ' Judge Press ing Order For Sale Of Real Property Page - 3 T y ~ t Agenda No. t0 lot µ Apanda film 7 C Dail,. a- (n CITY V DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566.L907 Office of the City Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Joseph Portugal, Assistant to the City Manager DATE: March 29, 1996 SUBJECT: Ordinance Authorizing The Filing Of An Application With The Department Of Transportation, United States of America, For A Grant Under The Urban Mass Transportation Act of 1964, As Amended RECD, 11IMENDATION: Staff recommends the approval of this ordinance. BACKGROUND Upon approval of the City Council, this ordinance would authorize the City Manager to submit an application for and accept receipt of Urbanized Area Formula Program Funds (formerly Section 9) for public transportation in Denton. The funds are allocated by the Federal Transit Administration (FTA), U. S. Department of Transportation, and will be applied to the FY 196-97. Since Congress cut federal appropriations for transportation across the board, this request represents only 79% of the funds allocated to the City during the FY 195-96 grant year. Under these constraints, SPAN could only provide transit services for seven and one-half months. Staff will research and aggressively pursue all opportunities for additional funding to mitigate any reduction in service. Based on the proposed funding request, SPAN would continue to operate demand-response service and five fixed routes for public transportation. Staff recommends that the City submit an application for the maximum federal contribution of $353,000, including $40,800 for planning, $169,232 for capital, and $142,968 for operations. By comparison, the City applied for and received $442,552 for the FY 195-96 grant year. Capital items include funding for two lift-equipped vehicles, replacement signs for transit system routes, and bus benches and shelters. Also included in this grant application are $5,152 in "Dedicated to Quality Service" V 4 r Agenda No. !CU - ~ agenda I em Date Congestion Mitigation Air Quality (CMAQ) funds for the Ozone Alert Program. This is the reduced fare (25 cent) program for public transportation on Ozone Alert days. The matching portions of the grant are required in the following proportions: Federal State City Planning 80% 13$ 7$ Capital 80$ 13$ 7$ Operating 50$ 25$ 25$ EgGRAMS. DEPARTMENTS OR GROUPS AFFECTED. ADA eligible persons, public transportation riders, SPAN and City Staff. FISCAL IMPACT: The City of Denton's local match for the FY 196-97 grant year equates to $94,256. Based on the budgeted amount of $82,265 from the general fund, the Staff's in-kind contribution is approximately $5,851 and will be used to reduce the general fund obligation. By comparison, our total local match for the FY 195-96 was $129,598. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: R ck 2Sv e AblActing City Manager Prepared by: 6oseph Portugal Assistant to the City Manager Attachment: 1. Ordinance r ii A:\WS.0 Agenda ho. 0 _ Agenda I M r Date ~ ORDINANCE NO. AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, including an obligation to provide the local share of the project costs in the program; and WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Title VI of the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQN i That the City Manager is authorized to execute and file an application on behalf of the City of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. SECTION II. That the City Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purpove of Title VI of the Civil Rights Act of 1964. SECTION III. That the City Manager or his designee is authorized to furnish such additional information as the U.S. Department of Transportation may require in connection with the application for the program of projects and budget. 4 J N b 4 Agenda No. Agend I em_ Date _ SECTi~ ON Iy. That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the plU.S. Department of Transportation for aid in the financing of the anning, capital and operating assistance program of projects and budget. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAy R- - ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, rITY ATTORNEY BY: Page 2 a Agenda No. Agenda Item 71 CITY COUNCIL REPORT FORMAT Data DATE: March 6, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Bicycle Lane along the east side of Forrestridge from Hobson to Ryan Roads RECOMMENDATION: Traffic Safety recommends approval for the bicycle lane along the east side of Forrestridge. SUMMARY/BACKGROUND: The proposed bicycle lane which includes no parking restrictions is based on need generated by the active neighborhood as they try to access South Lake Park and the sidewalk along the south side of Hobson. That walk leads to churches, the Southridge neighborhoods, and Sam Houston elementary school. PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED: Residents in the area including school children accessing both a school and a park in the area, Engineering and Transportation, and the Police. FISCAL IMPACT: $1000-$2000 for signs, markings RESP ' LY SUBM TTED: R c Sve a Prepared by: Acting City Manager Je C ar hector` En Bering and Transportation Approved by: Je r ar D rector En eerin and Transportation AEE00605 N Agenda No. v Agenda tem :20-- Date ~ ) ORDINANCE NO. AN ORDINANCE ESTABLISHING A BICYCLE LANE ON THE EAST SIDE OF FORRESTRIDGF, DRIVE BETWEEN HOBSON T,.NE AND RYAN ROAD; PROVIDING FOR A PENALTY NOT TO EXCEED $2GO.0o; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Traffic Engineer shall designate bicycle lanes established by the city Council by the placement of appropriate signs and road markings. SECTION IT. That the following streets or portions of streets are hereby designated bicycle lanes: A lane approximately eight and a half (8.5) feet in width measured from the curb along the east side of Forrestridge Drive from its intersection with Hobson Lane to its intersection with Ryan Road. $EC"PI- ON III. That when signs and markings are in place giving the existence of any bicycle lane established by this ordinance, it shall be unlawful for any person: except )witTo operate a hin the portion coflsaid roadway wportion of the hich is designated aasaa bicycle lane; (2) To operate a motor vehicle, motorized bicycle, motor-driven cycle, or motorcycle along and within a bicycle lane; (3) To park a motor vehicle across or on a bicycle lane, except for authorized emergency vehicles to obtain emergency parking; or (4) To make or execute a turn when driving a motor vehicle across a bicycle lane without yielding the right-of-way to all bicycles operated within the lane. S CTI N IV. That any person who violates a provision of this ordinance shall be guilty of a misdemeanor punishable by a fine not to exceed Two Hundred ($200.00) Dollars. SECTION V. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite such invalidity. T f Agenda No. M. Agenda Item Date SECTION VI 'chat this ordinance shall became effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,~CITY ATTORNEY BY: C'kW0(XS10RD\81KELARE.0R0 i Agenda No._ Agenda t m _ Date - ^ MEMORANDUM DATE: March 26, 1996 TO: Rick Svehla, Acting City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: Bicycle lane along the east side of Forrestridge from Hobson to Ryan Roads This request came from the Forrestridge neighborhood. They request a bike lane and prohibiting of parking on the east side of Forrestridge between Hobson and Ryan Road. There are two primary generators of pedestrian and bicycle traffic in this area - South Lakes/Eureka playground and Sam Houston elementary school down at Lillian Miller and Teasley. An existing sidewalk runs along the south side cf Hobson and Teasley from Forrestridge down to the elementary school. This entire area is a no busing zone so kids walk along Teasley and Hobson. Staff recommends approval. We feel this will promote safety for those who ride and walk in this area. Jer y Clar AEE006DC I it 1 AgeAN AgeTSC Memo January 3, 1995 Date page 5 ITEM #4 CONSIDER APPROVAL FOR A BIKE LANE AND NO PARKING FOR THE EAST SIDE OF FORRESTRIDGE BETWEEN HOBSON AND RYAN ROAD AND APPROVAL OF NO PASSING ZONE BETWEEN HOBSON AND RYAN ROADS: This petition is from the Forrestridge neighborhoods, specifically from Ray Comay, III. The letter of request is enclosed but provides minimal detail as to the need, current environment, and other details. Hopefully, those will be provided verbally at the meeting by the neighborhood representative. Staff analysis is primarily focused on the need for this path. The two primary generators of pedestrian and bicycle traffic in this area are the park (South Lakes and Eureka playground), and the elementary school (Sam Houston) down at Lillian Miller and Teasley. There is an existing sidewalk that runs along the south side of Hobson and Teasley from Forrestridge down to the elementary school. It is our understanding that this entire area is in a no busing zone as far as the elementary school, so kids that walk use the sidewalk along Teasley and Hobson. The Southlakes Park is rapidly being developed with picnic pavilions, bathrooms, walking trails, small lakes with future fishing piers, tennis and other sport fields for practice. These generators should encourage the pedestrian and bicycle traffic that will warrant this path that basically extends the length of the neighborhood. The yellow centerline, to prevent passing, has already been installed. The west side of Forrestridge between the south Timbergreen and Ryan will be utilized by the southbound through lane and one parking lane. The east side of the road will be utilized by the northbound through lane and the bike path. The main through lanes will be 12' wide, so with the total pavement width inside the curbs being 41' leaves 8.5' for both the parking and bike/pedestrian lanes between the south Timbergreen and Hobson the 8.5 will be slightly smaller. That meets the preferred design standards for those features. Staff recommends approval of the bike/pedestrian lane on the east side of Forrestridge between Ryan and Hobson. The generators are there to justify this lane and staff feels that it is better to install them now so safety is in place up front. The no parking has to be there to make the lane work. AEE00624 ` S i T F i r AgenVINe , w D/ A.genm TSC Me mo January 3, 1995 Date ' page 6 The petition showing more than 80% approval by east side property owners is enclosed for your review. Staff asks that TSC also sanction the no passing zone in case these require an ordinance in the future. This could be then taken directly to Legal and to City Council saving some time if needed in the future. i I I AEED0624 it 6 6~ Anenda N0. 9 A.Qenda I em 1 Date TSC Minutes January 1996 page 10 ITEM 4 CONSIDER APPROVAL FOR A BIKE LANE AND NO PARKING FOR THE EAST SIDE OF FORRESTRIDGE BETWEE17 HOBSON AND RYAN ROAD• AND APPROVAL OF A NO PASSING ZONE BETWEEN HOBSON AND RYAN ROADS: Clark said this is a petition by multiple Forrestridge neighborhoods to consider a bike lane and no parking for the east side of Forrestridge between Hobson and Ryan Road. Also in case needed later, no passing zones. No passing zones don't currently require an ordinance, but while TSC is looking at this, staff would like consideration for approval of a no passing zone. If the rules change and they say an ordinance is required to enforce that, it can be quickly taken to city Council for consideration. Right now it is not necessary. The Cornay's are the petitioners that did a lot of work on getting in contact with the neighborhood. This area has two primary generators. One is Southlake Park with Eureka Park right across the street. The primary access to that is down at Santa Monica which is a block to the east. There is a sidewalk that runs on the south side of Hobson all the way to Forrestridge down to Sam Houston school. Sam Houston school is the other traffic generator. Most of these homes are in no busing zones, so those children who walk, bike or roller blade use this route. Some might tend to go into less traveled streets like E1 Paseo down to Carmel or Montecito, one of those. This would be the more direct route for kids that would come out of this area. There is also a large amount, if you visit the area, of joggers and walkers. You do have people out in the street and is something to consider. Staff has already installed a yellow center line. One of the major complaints was that people pass illegally, which he personally experienced on the road. People don't want you driving 30 mph, so they go around you. The neighborhood was strongly committed that this was a major problem and staff agreed. It really helps to make Forrestridge a more residential collector as opposed to an arterial leading somewhere, when you don't have passing on it, the street isn't so long that somebody should be totally inconvenienced. Staff hopes for TSC's feedback later. Also as far as geometrics, there is enough width here. There are two separate sections down to the southern Timbergreen. You have the divided section, and then you have the undivided section from there down to Ryan. You only loose a couple of feet by that. The bike lane will be more than adequate in that section. Staff recommends that the bike lane be no parking on the east side allowing parking on the west side. Still basically, it remains the way it is now. There are two through lanes - one northbound and one southbound. The characteristics of the street aren't really changing, The other major positive, if you look in the back up, is all the petitions. There are 86t for, 2 no's, and 3 no responses. That's pretty significant for all the lots that are there and was a big undertaking. Usually people have a diffics.lt time trying to get a block or two, so this took a lot of work to put together. Staff recommends approval of the no parking zone and the bike lane. Staff AEE00677 Agenda No. r~ f p.gend~l em TSC Minutes Date January 1996 page 11 thinks the bike lane should go in up front, once Southlake park is in, traffic will only increase down to this area. It's hard to tell how much it will affect the school. The will use it, and it will be positive. physical exercise people It h s has a narrowing the whi than cthenreal dare devils,Vidrivers u do g drive people slower gin s a onarrowerher lane than they do in a wide lane. Staff feels that the no parking and no passing zone will help to accomplish the objective and recommends approval of these. Ray Cornay, 3609 Forrestridge, came forward to address the commission. He thanked everyone for the services provided by the perCity wouldlbetthjob of at he hassbeennhere the 3 case. His the street has only got busier now that it'3 cut through to Ryan Road. It's an abnormally wide tong street. It tends to lend to speeding. It's hard to do 30 mph down that street. There is not a continuous sidewalk system. There are many children that vse the streets and gutters not only to access Sam Houston Elementary school but also the new park. He thinks this is a good method in attempting to make the street a little safer. They do utilize it for biking a lot too. Devine said when she drove the street, she only saw one car parked east theisrihousesde. doesn't Cornay said that's ncorrecta for there and must I would contend that the east side is the better side to havetthert. bike path. You are presented with less intersect_.ons to cross than if the bike path was on the west side of the street. There would be therElrPaseo aintreaerisnetcetrsionsectito go through. Parking isTreallytnot side concern sof the vast majority. There are several people with circular drives as well. C Ttion raig stated that on the no passing zone, the part of the says that you can't pass within 100' of an intersection would apply. Would that not cover this? When he drove I it, there is no stretch of road that would not fall within 1001 of an intersection, Clark said that's one of the reasons staff likes folks like you here. Craig said if they were actually going to cite somebody, they would probably cite them for violation of the Transportation Code rather than violation of a City ordinance. The City's ordinance is questioned often. Clark said agreed if that's the best way to enforce it. Craig said it is certainly enforceable. He measured several of them and realized that if it's a neighborhood concern, then they can certainly enforce it. Devine asked, should the reflectors be taken out? Clark said no. He is saying that an ordinance isn't required because it's already covered in the Texas Transportation Code. Clark said he would still like TSC to say if they think it's good to have the reflectors and no passing on that street. thinks Bacon said she these requests are center stripe, and bicycle lane will pdolallot torhelp the problem. in addition to the school children, every time she has been out there, a lot of people are walking. A lot of adults walk on the street too. It would be nice to have a separate lane for AEE00677 0 t r Agenda No. Agenda tem Date TSC Minutes January 1996 page 12 Y that. These are very positive. i STAFF RECOMMENDED: Approval COMMISSIONERS: Luce made a motion to approve the bike lane on the east side of Forrestridge between Hobson and Ryan Road; and endorse the concept of no passing relying on the State Transportation Code as legal basis for enforcement; and no parking on the east side between Hobson and Ryan. Devine second the motion. Motion passed unanimously. AEE00677 i R )S 4 f I, r Agenda No. Agenda I Im _ Date " Ray J. Cornay. 111 3609 r.,rr estridce Drive Pent:n. TX '78205 T!"Ctff c SaI?'_~' +'_:,LIIiBs::'n N,rt1i Elm, _.n ton. Tv T r,:q ot-t that 3 Iarv.- be :Y.1tc- a.:n7 Past side c'' ForrestridQ? ~IYiVe Ii ?Trl Hobson to Ryan linad. 711 c- affect,cd unQf r;7t3nd that `his lane will become .3 pal-:inn ^one. Sincerely, i- c. `i f❑ ° ❑ o • ■ ❑ m 1=600' C"o ° ~ Ela ° 4 WAY STOP p o q° o 0 ° d fl RM& ows NMI V[LLOIGTNI OAlct UKit U SIC fOiR[37 13 ~r~-~' S ~ • CJT P e3 Q. e cD 10 &1 u E? CL D Q D Q °a C? fl Q'•4 Q •g o, d ~d E) a d a °2° a Q Q° fl ca E,~,r~pap raffia 4 o e n as S-.e a co n Mr ° c~ `2 ( o C~d~ 7 oabL3 Uc]Q ~ cc q~ a o Cl 10 ° ° ~U Li ~ ~4 o q o Q ° ao a D ° o NO PARKING AND BIKE LANE ° ° o a e C;- d ca c3 m ti 4 WAY STOPS AT EL PASEO AND F❑RRESTRIDGE NO PARKING AND BIKE LANES EAST SIDE OF FORRESTRIDGE FROM HOBSON TO RYAN ROAD,~ 7 77 ] P Cl \ \ - ~ S~ ~ l~ ~ r, do SQUTHLAKES a G <y? s _ PARK ❑ - - y ~ 2 r n ~ 'l ~ t i \ 'r r r ~ rJ r_'; 'r'7:? Gv~ ;ten IlL Q ° v SCALE! I'=800' t F i` Agenda No. Agenda Item /79 sate o~ CITY COUNCIL REPORT FORMAT DATE: March 27,1996 1 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: No Parking on both sides of Georgetown between Amherst and University Drive RECOMMENDATION: This no parking :ill significantly increase safety at a busy intersection. Traffic Safety recommends approval. SUMMARY/BACKGROUND: Development in this area has greatly increased traffic. The number of vehicles going through the Georgetown at University intersection (T intersection) is directly controlled by the safety of the movements from Georgetown to University. Parking in front of the Taco Bell and the strip center to the east creates lane width problems, pedestrian crossing issues, and doors opening into traffic. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Citizens and businesses in area, Engineering and Transportation, and Police FISCAL IMPACT: $500 for signs. RESTIED : Acting City Manager Prepared by: CQ~ J C arc Di ctor of Engineering and Transportation Approved by: Je ry C.ar , P.E. Di co•: of Engineering s Transportation AEE00605 t 4 j A:\YARK.CRD w Agenda No. Agenda Ilem ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF GEORGETOWN STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFL..CT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle, at any time, upon the following portions of the following streets in the City of Denton, to-wit: Both sides of Georgetown Street from its intersection with Amherst Drive to its intersection with University Drive. SECTION II. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION III. That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV. That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION V. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of , 1996. BOB CASTLEBERRY, MAYOR t, Agenda No. Agend I em Date ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I L {t G rr a J Agenda No. r (9 Agenda tem Date e MEMORANDUM DATE: March 25, 1996 TO. Rick Svehla, Acting City Manager FROM. Jerry Clark, Director of Engineering & Transportation SUBJECT: Consider approval of no parking on Georgetown street on both sides between Amherst and University Drive The primary conflicts here are caused by capacity issues of Georgetown and US 380 where the opposing movements gridlock during peak periods. Recent development and redevelopment of the old Toyota dealership building has completely changed a generally residential environment. Taco Bell employees seem to also use the street for parking. Site visits generally show that the primary parking problem is created by narrowness of the street, opening doors, and crossing pedestrians. Retail shops have completely filled the site vacated by the Toyota dealership. The retail shops are in favor of the request, and no response was received from Taco Bell. Staff recommends approval. Jer lark AEE006DC r Y F I Apand~ No, Agenda Iem Date TSC Memo September 7, 1995 page 4 ITEM #5 CONSIDER NO PARKING ON GEORGET04N BETWEEN A.MHERST AND US 380 (UNIVERSITY) ON BOTH SIDES OF THE STREET: This situation is almost exactly the same as the previous case in that recent development and redevelopment have completely changed a generally residential environment. Taco Bell was built on the west side and the Toyota dealership relocated to Cornell. This opened up the existing buildings to other businesses. Retail shops have completely filled this site. The activity has really opened up an area that was once fairly inactive. This parking issue needs to be carefully considered since the west side of Denton has had problems keeping profitable businesses. Site visits generally show that the primary parking problem is created by narrowness, opening doors, and crossing pedestrians. People who currently park on the street are primarily employees. So, the opening doors and crossing patterns occur once or twice daily as they come to and from work. Staff also has not observed severe congestion caused by the parking. The primary conflict is caused by capacity issues of Georgetown and US 380 where the opposing movements gridlock each other during peak hours. There is also an issue of line of sight being blocked by a construction crew that parks many o° its vehicle on the southeast corner. The neighborhood at Northlakes has contacted the contractor more than once with only temporary efforts made to comply with keeping vehicles away from the corner. Staff would recommend that no parking be established between US 360 and the first driveway on the west and the second driveway on the east as a minimum. The measurements are 145' on the west side and 235' on the east side, bott of which are measured from the back of curb of US 380. Another solution would be to go to the second driveway on both sides which would place them at 255' on the west side and 235' on the east. This will limit most of the narrowness and potential door and pedestrian conflicts near the intersection of Georgetown and US 380. The Commission may elect to carry the no parking to Amherst. This should be based on presenting a definable no parking zone. That means that a vehicle can easily see the beginning and ending points of the zone. This would also eliminate the line of sight problems people are facing on west bound Amherst to the Northlakes subdivision. The owner on the southeast corner constantly parks vehicles at the corner blocking the line of sight. AEEOOSBD Agenda No. Agenda item TSC MINUTES Date t' - September 18, 1995 page 21 ITEM #5 CONSIDER NO PARKING ON GEORGETOWN BETWEEN AMHERST AND US 380 (UNIVERSITY) ON BOTH SIDES OF THE STREET: Clark presented the request. Bacon said Linda Jenkins who wanted to address this issue was unable to attend. She sent a written letter to the commission outlining neighborhood concerns. Clark said there is a fast food restaurant on the west side of Georgetown - Taco Bell. The real difference here is Taco Bell has seemingly told their employees to park on the street. Those vehicles are there very early and late. There are some occasionally in between that are of 2n. It looks like those are the cars that are staying there. There are also some issues up by Amherst. The assistant police chief lives at Amherst and Georgetown. He feels there is definitely a major line-of-sight problem due to the construction people. A tile layer lives on the southeast corner - Mr. Miller. No response was received back from them. The neighborhood has contacted Mr. Miller several times and asked him not to park his vehicles around the intersection. Heading westbound across Amherst, it is sometimes very difficult to see. These parked trucks are very high and occasionally there are some vans creating line-of-sight problems. The other thing that has affec'-ed this area some is where the old Toyota dealership was, it has really boomed. It is completely full of retail shops and they are really doing well. There doesn't seem to be many people parking on that side. It is generally on the Taco Bell side. Georgetown and University was considered by TSC previously for a traffic signal. It does meet warrants but the issue of how close it is to the signal at Malone was an issue. Staff is trying not to recreate Carroll Boulevard where signals are too close. Being that it's a "T" intersection, TSC ruled not to install a traffic signal there. Accidents occurring there wrre caused by people being impatient and clogging the intersection. Georgetown needs to be as safe as possible ba_•k to the intersection which would uncomplicate right-in right-out movements. Staff would recommend no parking as a minimum to the second driveway. In this case, everyone responded except Taco Bueno. They were notified, but nothing was received. The reason staff doesn't contact the managers is historically managers don't talk to anyone else. Then you get an answer that's not what the owners or managers would say. If TSC feels it's a problem because they didn't respond, this can be postponed. Everyone else was in favor of no parking. That includes the Razor's who own the big shopping center, Ray Sanders and Leroy Mitchell for the piece in between Taco Bell and then Chief Matheson at the southwest corner. Mr. Miller did not reply. He is on the southeast corner. At least 80t of AEE005E6 f i f Ag~,oit ay 96-61 TSC MINUTES Date September 18, 2995 page 22 property owners are in favor. Since you have the line of-sight issues at Amherst, TSC may want to take parking off all the way. That would cause Mr. Miller and his employees to park o: site or find another parking place. This isn't something that should be postponed. Staff would recommend no parking up to at least the first driveway. It's not the first driveway, it would be the second driveways. The first driveway is barely down Georgetown, so that woVldn't be affective. Devine said she normally does everything she can to avoid this intersection. In her letter, Lisa Jenkins says, "I would like to voice my concerns about the parking problem on Georgetown. the first area is at University by the Taco Bell. At lunch time it is almost impassable. Currently, I do everything I can to avoid this intersection. the other problem is at Georgetown and Amherst. The homeowner on the southeast c,)rner is the cause by having his employees park on both sides of the street every morning. At this same time, we have children trying to safely cross Georgetown on their way to school. I feel that at least the stretch of Georgetown from University to Amherst should be zoned for "no street parking". Thank you for taking the time to listen to me." Hobdy asked Clark to show him where the cut off would be. Clark indicated it on the map and showed where staff proposed no parking. Luce asked if there was an ordinance prohibiting parking too close to an intersection. Clark said it's 25 feet on line of sight issues. You can park up to the radius unless specifically zoned no parking. That's an area with the new taller vehicles, it's not clearly addressed. There ie suppose to be 25' corner clip for line-of-sight issues. larking in the radius with a tall van or large four wheel drive truck blocks sight. Dotson said there is a state statue regarding the distance a vehicle can park at a traffic control device - stop sign, etc. Luce said that's one vehicle length which is not very much. Dotson agreed. Hobdy said he is in favor of no parking. There is another odd twist in that that particular intersection has a culvert under the road and it is fairly narrow. Besides the parking on the side, you have the adventure of the right turn at a square angle. Anything to clean that intersection up is appropriate. Luce said if anything, this serves a larger residential population than the last issue. Clark agreed. Luce said there AEE005E6 S •1 t Agenda No Agenda II M Y Date - TSC MIWIRS September 18, 1995 page 23 are a lot more people who use this as their access to Highway 380. Minnis said most of t'ie homeowners responded that they wanted to be able to see. This is one time TSC can say yes to the homeowners without any major discussion. STAFF RECOMMENDED: Approval COh74ISSIONERS: Luce made a motion that parking be prohibited from both sides of the street on Georgetown from University Drive to Amherst. Minnie seconded the motion. Motion passed unanimously. AEE005E6 E = - - - Ge.ae~s ro.,~ - ;ao Yu /9aHrus DATES 8- 30 s ~ ~ oRNe~- 38o Te A„i,~r,cs fi\*OSH1P ROISTER PRC]JECTs C COWIENTS C.SlruS) Gr•.lAlr-LNG, A~~~~Jo2 sJrus~ OWNER ADDRESS 2 !be/ Seee -re q !7w ~ i ~ di_241~ o . 4RLrx 7 Lo e T t Lo e W e R V D •O•_ Q/ RN 71, Of M" WAAL& o e ~ L Da - , : 3of P% rFC" oa 3 - W` s r__ Vu P0~ M f E ! . 8 A y _ _ /i J. A Q G ~ E rE 0' E noe uircnw[° (1 xi ° f l,ra~~` " Cl wi f .tivnf"1 I-l R °fl wrtf.o r-1 7- "1 ffl w, '1 ~.,r,mf 1 Mv, ® G GET N 7 ® T 30 ® V Pop MALONE mom NELL w II ~w~ o --Q~=~► w Q • d~ilV cm i T V i F Agenda No. V Avnda If1..: Gaza - CITY COUNCIL REPORT FORMAT DATE: March 27,1996 T0; Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: No Parking on Cornell a distance of 323, along the west curb line and 215' along the east curb line measured north of the University Drive north curb line. RECOMMENDATION; Traffic Safety recommends approval of no parking for a distance of 323' on the west side and 215, on the east side. SUMMARY/ BACKGROUND: This area has seen an expansion of the Dodge\Toyota dealership and two new fast food restaurants that combine to add significant new traffic to the area. The inters,.-tion is not signalized but has a median opening. The lanes that lead into the intersection need to be free from conflicts and confusion currently caused by existing parking to access the dealership and two fast food places. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Businesses and citizens in the area, traffic on US 380, Engineering and Transportation Department and Police FISCAL IMPACT! $200 AS LY S ITTED: 1 Acting City Manager ! Prepared by: Jer ar P.E. D rI actor Eng ring nd Transportation Approved by: Jer C arc P, D rector Eng n eying Transportation AEE00605 J:\WPD0CS\6FD\CCFNFLL, CF.D r Agenda No. Agenda I em ' Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEHICLES ON CERTAIN PORTIONS OF CORNELL LANE; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I When signs are erected giving notice thereof, no person shall park a vehicle, at any time, upon the following portions of the following streets in the City of Denton, to-wit: The west side of Cornell Lane from its intersection with the north curbline of University Drive north for three hundred twenty-three (323) feet. The east side of Cornell Lane from the north curbline of University Drive north for two hundred fifteen (215) feet. A6C1iQN_.11, That an individual adjudged gui of an of the of this ordinance shall be guilty of almisdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION III That if any section, subsection, ararah, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV That all ordinances or arts of ordinaes in force when the provisions of this ordinance become a fectivecwhich are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. TION_VL That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Sec±etary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. r 3 Agenda No. % ar Agenda I em Oate l " PASSED AND APPROVED this the day of 1596. BOB CASTLEBERRY, MAYOR h ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: d 1 Agenda No. ~ _f°~'Il~ Agenda I em Date C ' MEMORANDUM DATE: March 25, 1996 TO: Rick Svehla, Acting City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: No parking on both sides of Cornell between Amherst and University Drive This request came from residents in the North Amherst area who travel down Cornell. The developments of Wendy's and Taco Bell eliminated the extra space used by the car dealership. Problems now exist when the Toyota/Dodge dealership loads and unloads vehicles. it really seems that the dealership caused most of the problem versus site generated traffic from the fast food restaurants. i The primary concern in this area seems to be the area between Wendy's and US 380. Those measurements would be 323' on the west side and 215' on the east side up to the Wendy's drive. The dealership has no problem with this recommendation since they have obtained parking on the vacant property to the northeast. The best recommendation at present would be to eliminate parking on both sides from US 360 to the first driveway on each side. Je ry lark lit AEEOO6DD ti AgendI Nu, TSC Memo Agen a )em September 7, 1995 Date page 3 ITEM k4 CONSIDER NO PARKING ON CUkNELL BETWEEN AMHERST AND US 380 (UNIVERSITY) ON BOTH SIDES OF THE STREET, This request is from residents 1.n the area north of Amherst who travel down Cornell. The recent development that has occurred at the corner with the Wendy's and Taco Bell has eliminated the extra space that the car dealership used to score much of its inventory. From field visits, the Toyota\DOdge dealership has rented the vacant land north of the new development and is parking its excess inventory there. Visits to the si a usually show cars parked adjacent to the fast food sites but few on the car dealership side. There apparrently are some problems with the trucks that unload the cars. It really seems that the inventory of the car dealership was causing most of the problem versus site generated traffic from the fast food restaurants. The primary area of concern in this area, at the present time, seems to be the area between the driveway to Wendy's and US 380. The primary movements that don't need restricting are the. two out movements (left and right) and the one entering movemertat the intersection. The required width for that is 33' tc 361. That is based on 11' to 12' lane widths. The existing roadway is 34' wide. At least one lane is required to have parking removed to meet minimal standards of safety for lane widths. The best short term recommendation would be to eliminate parking on both sides from US 380 to the first driveway on ez_h side. Those measurements would be 323' on the west side and 215' on the east side up to the Wendy's drive. Eventually when the entire tract is developed above Wendy's and Taco Bueno, the parking may need to be eliminated on one side (most likely the west side ) all the way to Amherst. This keeps traffic moving better, allows safer turning movements, and eliminates the tunneling effect of having cars parked on both aides of the street in a busy retail oriented area. Staff recommends that parking be prohibited from both sides of Cornell street up to the first drive on each side which is 215' on the east side and 323' on the west side. Both distances were measured from the curb line of US 380. To date we have received no responses from our written request for input f ^nm Taco Bell or McNatt Toyota\DOdge.You may wish to table this item if we have not heard from them by the meeting. AEEOOSSD Agenda No. V (G It agenda Item Date < TSC MINUTES September 18, 1995 page 18 ITEM 4 CONSIDER NO PARKING ON CORNELL BETWEEN AMHERST AND US 380 (UNIVERSITY ON BOTH SIDES OF THE STREET: Clark said this has been generated by the neighborhood generally that lives north of that. It has also been referenced in complaints to the City Manager's office. Some of the issues that first initiated the problems have been resolved. The car dealership has rented a lot and placed most of their stock on the lot. That was a lot of the problem. when the change happened that put Wendy's and Taco Rueno in there, they lost most of their parking. A lot of vehicles was staying in the street and it was difficult to get through there. Observations show there is some traffic on it but it didn't seem dangerous or unusual. The intersection of Cornell and Highway 380, with US 380 having approximately 23,000 to 27,000 vpd, can be challenging. Entrances into those type intersections need to be as clean as possible. Staff will address those issues later. John Porter came forward to address the commission. He said he received this assignment late in the evening. He represents his father who owns the piece of property where the car dealership is now parking its vehicles. They are opposed to removing the parking because it is a commercial property. Parking is very limited. The car dealership is extremely crowded. It is difficult for people to find a place to park. That would seriously Impact them as wall as the other businesses. Clark said ever/one was notified on Cornell. There is one in opposition wao iu Mr. Porter. Mr. Dave Krause was notified, who was on the court as record owner, but hasn't responded. Porter said he may be in Hawaii. Clark said that may be why staff never heard anything. You may want to take into account what they are saying because they are renting property to them on the upper end of Cornell. Clark indicated where there were positive responses. The worse issue has been solved. There are still some cars parked there at times. It would be helpful to have one lane free at all times. Residents who want no parking are adjacent to Amherst on each side but still on Cornell. These are phone messages where we visited with Mr. Howie Schmitz and Ms. Auburn at 1317 Amherst and 1315 Amherst. They are concerned with large trucks blocking their driveways when they are unloading trucks. Taco Bueno, who also owns the Wendy's site, had no opposition to this issue. This isn't a crucial thing that needs to be done immediately. If TSC feels that something does need to be done, as a minimum, you may want to consider no parking up to the first driveway on both sides. That will help make the intersection cleaner. It shouldn't adversely affect the car dealership that much. There will be significant room between that driveway, so they can AEE005F,6 r J Agenda No. Agenda It I ' TSC MINUTES Date_ Septembe.- 18, 1995 page 19 still park some vehicles. That would be something TSC may want to consider. It will make the right turns in and out cleaner at the intersection. Staff recommends that TSC do that if action needs to be taken now. If the car dealership increases their inventory, it may resurface. That's the only thing that would make the problem io•mediate and TSC may want to consider it. I Luce said the first driveway on the right would be Taco Bueno. f The first on the left would be the car dealership. Clark said that's correct. Luce asked if Denton had an ordinance prohibiting blocking of a driveway. Clark said yes. Porter said they wouldn't have any problem with no parking up to the first driveways. That could be some danger. University is a busy street. There is a private road in front of the property on the right. It's wide enough where now the carriers can use that street. They can pull into the right and unload vehicles without blocking the street. Bacon said the next day after the meeting she drove by there. The space Porter is talking about was being used, All the cars were off the street. it's made a tremendous difference. Since that time, she has only seen a couple cars parked next to Wendys. It's not anything like it was when first presented. Hobdy asked if staff could make an effort to contact McNatt. .1gparently, Krause is owner of the property and not McNatt who runs the car dealership. Could an attempt be made to run it by McNatt? Clark said that's fine if TSC wants to table it. Porter said he shouldn't have a problem since he is parking vehicles across the street. Bacon said this issue has pretty well been resolved. Would the residents be opposed if no action was taken at this point? The problem seems to have corrected itself. Clark said he asked them about that. They feel they are still having problems. If we ask Mr. Porter and Mr. McNatt to work with the delivery trucks, that's the main problem. Porter said he would do that. Devine said some ir.p•:c needs to be given back to the people who put in the request. It can be tabled or it can be decided that it's not. necessary for no parking at this point. Bacon ao-ked Clark if their main complaint was the congestion with trucks unloading, are they going to be content with making no parking down to the first drive from University? Is that what they saw as the problem? Clark said the other issue is what Luce described. It's more of a convenience of being able to get out of your driveway all the time. The real traffic issues are more related to the intersection at Highway 380 in keeping it clean. if no parking was going to be established, this is where to put it. If yo are going to put it on the whole block, it solves all those problems. But, it creates some issues for the businesses. It may not make those businesses happy but that can be solved by communication and being a good neighbor. AEE005E6 a i I .,7enda No. Agenda item C. TSC MINUTES Date September 18, 1995 page 20 Devine said let's decide if whether to table it or not. Miunis said she would rather not table it. The commission needs to address the safety issue of that first drive parking area. If you are coming off Highway 300, there is nothing to keep somebody from parking there. It's a bad turn. That's a real safety hazard. A lot of streets are being done as such in Denton that the first quarter of block isn't clear. It's something if you've gone up againr,c parkid cars, you can't see to turn. You end up having to sneak out and getting hit. It's a real safety issue. She isn't willing to take it with her car, so why should somebody else take it. Devine asked Hobdy if he wanted to table it. Hobdy said he would motion to table it until the City got in touch with McNatt. Motion died for lack of a second. STAFF RECOMMENDED: No parking from University back to the first driveways COMMISSIONERS: Bacon made a motion that there be no parking from the first driveways to Highway 380. Luce seconded the motion. Motion passed unanimously. AEE005E6 r t agenda No. Agenda It m Date h.g a 1 n 0 E\ E_~-- N L All) % J tom-„5 ~o 4 4 4 -4 h- 3y ~ dw wi Fam 3NO,dW 3 MEN ma N~5 t~~ao3~ A~ W N \ 5 ApcnQa No. _ % 0 1 ApenQa Item Oate CITY COUNCIL REPORT FORMAT DATE: March 27 ,199b TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: No Parking on Oakland Between Sawyer and Texas-West Side 8:00 A.M. to 6:00 P.M. RECOMMENDATION: The no parking is needed to protect the residents quality of life and safety, The proximity to TWU places an unreasonable burden of supporting TWU parking during the day, Monday through Friday. St]hQ MY/BACXGR VVLVL The neighborhood has requested this implementation because of major problems they are having with parking that spreads out from Texas Woman's University. Cars are frequaztly parked in front of all their homes in the daytime taking away the residential uses intended. There are actual damages to the property from people walking on lawns and sometimes leaving trash. Monopolizing the parking can tend to add decay in the neighborhood. TWU has been active in this area. Oakland has been made 20 mph, so they are interested in keeping the area safe too. These homes are also among those listed as historical inventory and may eventually be considered for historical preservation. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Residents, Police Department, TWU, and the driving public FISC_ AIMPACT, $200 eignage ` RESP TFUL SUBMI TED: R c Sve a Acting City Manager Prepared by: Je &C~ a r Di r of ngineering and Transportation Approved by: Jer ars, P.E. Dir or of ngineering 6 Transportation AEE00605 J:WPD0CS\0RD\C0RNEI.0RD Agenda No. Agenda I m Date r ORDINANCE NO. AN ORDINANCE OF ',HE CITY OF DENTON, TEXAS, WHICH PROHIBITS THE PARKING OF VEkiCLES ON CERTAIN PORTIONS OF OAKLAND STREET; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH; PROVIDING FOR PUBLICATION; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. When signs are erected giving notice thereof, no person shall park a vehicle, between the hours of 8:00 a.m. through 6:00 p.m. Monday through Friday, upon the following portions of the following streets in the City of Denton, to-wit: The west side of Oakland Street from its intersection with Sawyer Street to its intersection with Texas Street. SECTION II. That an individual adjudged guilty of any of the provisions of this ordinance shall be guilty of a misdemeanor, and punished by a fine not to exceed Two Hundred Dollars ($200.00). SECTION III That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstance is held invalid by any court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity. SECTION IV That all ordinances or parts of ordinances in force when the provisions of this ordinance become effective which are inconsistent or in conflict with the terms or provisions contained in this ordinance are hereby repealed to the extent of any such conflict. SECTION . That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. G Agenda No. Agenda I em Date PASSED AND APPROVED this the day of 2996. BOB CASTLEBERRY; MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Y Agenda No. AgandA Item Date MEMORANDUM DATE: March 25, 1996 TO: Rick Svehla, Acting City Manager FROM: Jerry Clark, Director of Engineering & Transportation SUBJECT: No parking on the west side of Oakland between Sawyer and Texas from 8:00 a.m. to 6:00 p.m. weekdays The Watson's who reside at the corner of Sawyer and Oakland made this request. Their neighborhood has been heavily impacted by students, faculty and vistors from Texas Woman's University who avoid decal parking. The homes in this area are considered in the inventory of historic homes but are not listed on the historical registory. This parking change will aid in the preservation of this neighborhood lessening impacts of parking, trash, and property damage. Staff recommends approval. Je Clart AEE006DD I V Agenda I Traffic Safety Memo Agenda 'em Date ~ ` January 25, 1996 page 2 ITEM #2: CONSIDER APPROVAL OF NO PARKING ON THE WEST SIDE OF OAKLAND $ETWEEN SAWYER AND TEXAS STREETS: This request is from the Watson's who are at the corner of Sawyer and Oakland. Their request is to create no parking on the west side of Oakland between Sawyer and the T intersection of Texas and Oakland. The impacts from Texas Woman's University are the students, faculty and visitors seeking to avoid decal or paid parking. All large schools have impacts on the residential neighborhoods that are adjacent to them. Universiti_s are the most likely to have this occur, and they have a difficult time convincing students that decal parking is preferable over the outlying free parking in the neighborhoods. Decal parking is maintained by the college and is more convenient, maintained better, and safer than parking on the outlying streets. Students and faculty who choose to park on the streets impact private homes adjoining the college by eliminating parking for guests or by blocking their driveways. The homes in this area are considered in the inventory of historic homes but are not historically registered yet. They are generally in good repair and it is our understanding that this parking change will aid in the preservation of the neighborhood by lessening the negative impacts of parking, trash, etc that result from outlying college parking. TWU has more than adequate parking on campus and as an example recently petitioned to remove parking on Locust to aid the transition to campus decal parking. There are several decal lots very close and a large one up where Oakland turns west to Locust. Staff recommends approval of the no parking zone based on site observations and the enclosed petition which shows that the neighbors between Sawyer and Texas on the wt_st side of Oakland are in agreement on the no parking request. AEE00674 k Agenda No. TSC Minutes Agenda Item February 5, 1996 Date l page 5 ITEM #2 CONSIDER APPROVAL OF NO PARKING ON THE WEST SIDE OF OAKLAND BETWEEN SAWYER AND TEXAS STREETS: Clark said this request is from the Watson's and the neighborhood that live on Oakland on the west side between Sawyer and what is called the extension of Texas. This is a little different in that we are going down where a street will be extended to a lot of ^T" intersections. Basically, there is a petition signed by all the affected people. It is directly across from Texas Woman's University. one of the major problems you have in any college town is you have the spreading out of parking. The college provides more than adequate onsite parking through the decal and other lots. This parking is free, therefore there is a big scramble for it by mainly students, visitors, and sometimes faculty. there are many negative impacts in having cars in front of your house all the time. In a lot of cases, there is actual damage from people using it, sometimes trash. In most cases when people are constantly making demands on it, it actually takes the use of it during most peak times of the day. You actually don't have a use because somebody is always there unless you happen to sneak in. Evenings and weekends are more likely to be open. There are class rooms adjacent to the area. TWU has been very active in this area. Oakland has been made 20 mph, so they are interested in keeping the area safe. That will keep speeds down if you are worried that taking parking away will speed things up. TWU is actively enforcing 20 mph. The other impact is that these homes are listed as historical inventory and might eventually be considered for historical preservation. In a lot of cases, if you have people that are monopolizing the parking, it can tend to add to the decay in the neighborhood Letting the residents control their own parking can contribute if these houses are moved into the historical preservation area. Mr. Watson can talk in more detail to that if TSC is interested. Staff recommends approval of this through site visits, resident discussions, and general reasoning based on impacts of TWU, UNT, and DISD who specifically impact adjoining neighborhood areas. Bill Watson, 1021 Oakland, came forward to address the commission. He circulated the written request to everyone who signed the petition and would be happy to answer any questions. Devine said the letter states no parking between 8-6 p.m. Watson said they thought this would be their best alternative. Businesses already have no parking because they are there at 7 a.m. It would be better for the residents. Devine said she was concerned in not placing a time limit on it because that's the way the petition was presented. Watson said that's ok. Craig said he agrees with staff. Parking is always a problem in AEE006D1 s 0 i Agenda No. o Agend tem _ TSC Minutes Date February 5, 1946 page 6 this area. Watson said his house is at the corner of Oakland and Sawyer. Parked vehicles are always a problem. STAFF RECOMMENDED: Approval COMMISSIONERS: Luce made a motion to approve no parking on the west side of Oakland between Sawyer and Texas from 8:00 a.m. to 6:00 p.m. weekdays. Bacon second the motion. Motion passed unanimously. I AEE006D1 L t "111Jam E. N'alsnn III 510.\T Iknlnn Asswj,jeq Th01A.IJ Life Insurance Co"OnY Of SM York BendaN0.` c~ toa"'")nkSlrret.Sullr"_.n Mutual of New York ikntnn,TS7G?0I Agenda 1 em e17 nn~- Date 600 o'I c6e~ 617 67Y-7;76 1 December 1, 1995 Jerry Clark City Of Denton Engineers office 215 East McKinney rrc^ - 4 Denton, TX 76201 Re: Oakland Street Parking Dear Jerry, I am writing to request that parking be restricted on the west Sig of Oakland Street between Sawyer and Texas streets. Both sides of Oakland are blocked by vehicles all day, well into the evening during the week. This is a inconvience for residents as well as a major safety concern. In light of the increased parking available at T.W.U. it seems no longer neccesary for the residents to "subsidizer, parking space for the University. In addition to the safety, asthetic and annoyance concern, I am told that vehicles often present obstacles to the Solid Waste disposal. Thank you for your assistance on this issue. Anticipating your reply. I am, Respectfully, W.E. Watson III slh RrgisterrdRrp -wntulire Seruri(ies nfrrrcd IArough I10.\') ' Smuriiirsfnrp,,,lfem xr.\'ASp, gIPC 1 N0 M,-..d i.%. New 14k..A)' I s00 73r1.OI06 ti Agenda No, 1~✓ Agend4 Item Date January 29, 1996 Jerry Clark City Engineer City Of Denton, Texas Re: Oakland Ave. - Texas st. through sawyer Dear Sir, We the undersigned residents of the City of Denton respectfully request that parking be restricted on the west side of Oakland, between Texas and Sawyer streets. We request that this block be designated "No Parking 8-6 H-F". The abundance of vehicles lining both sides of the street all day long constitute a significant safety hazard of both Visibility and Emergency Vehicle Access. Further more the streets lined with commuter vehicles appear to be a major contributor to lebris and a general unsightliness. Respectfully, r rr Agenda No. / -a M. H F- W W H y Q ~ z o X W Q 1~r ; F To LIIIA W-4 aC z O W 3 ~ a y W rig 3 W %j m W W F- F- A z Sd z X3l a J ~ fI//~~J a _ z F17 Y ® PJ f/i ~ Q O z Z NdH ~ e - t 1 L Ag:djj Apm D atCITY COUNCIL REoORT FORMAT DATE: March 15, 1996 TO: Mayor and Members of the Council FROM: Rick Svehla, Acting City Manager RE: Summer Food Service Program Q0-MMENDATION: Approve the implementation of the Summer food Service Program from May 28 - August 9 for children in the City of Denton, who are located in low-income areas and are between the ages of 1 and 18. SUMMARY: This free lunch program is designed to service children in areas of low-income populations during the summer months when traditional school lunch programs are not being served. This program is sponsored and funded by the United States Department of Agriculture, Food and Nutrition Service. Cold sack lunches will be prepared by the Denton Independent School District and served at the following locations: 1) MLK Recreation Center, 2) Phoenix Park, 3) Denia Park, 9) Civic Center Park, 5) Owsley Neighborhood, 6) TWU Clubhouse Program., 7) Village East Apartments, 8) Houston Elementary Summer School, and 9) Razor Elementary Summer School. The total estimated cc:3t for this program is approximately $35,791. BACKGROUND: in March 1992, the Parks and Recreation Department discovered a federal grant through the U.S. Department of Agriculture that sponsors a free lunch program for children ages i thorough 18 in low-income areas. This Summer Food Service Program is a continuation of the free lunch program that is offered during the school year. The Texas Department of Human services has made an effort through outreach to increase the number of cities participating in the program. During the summer of 1992 the Summer Food Service Program was offered at Denia Park, Phoenix Park, Fred Moore Park, Civic Center ~~erda Nor c. J ~Y Apend@ em " Park, and two summer school locations. At these saix locations a total of 14,776 lunches were served to children one through eighteen years of age. The Sumner Food Service Program expanded to eight locations during the summer of 1993. The additional locations were the TWU Clubhouse Program and the Owsley Neighborhood. The total number of lunches served throughout the summer was 14,748. In 19:4 the Village East Apartment were identified as a low income area and became a Summer Food Program Site. Through the summer 15,094 lunches were served at the nine sites. In 1995 the nine summer food sites served 15,585 lunches and spent $32,712. The Denton Independent School District will be recommending approval to contract the preparation of cold sack lunches for this program when the issue is presented to their board in April. The program iH scheduled for implementation on May 28th. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: The Leisure Services Division of the Parks and Recreation Department will be administering this program. A Summer Coordinator will be utilized in addition to the Children's Programs Supervisor to monitor the program and ensure all requirements are met as well as the proper paperwork completed for all reports and reimbursements. FISCAL I~2PACT: All costs associated with the program will be reimbursed by the Texas Department of Human Services which administers this grant. IRESPF Y SUBMITTED: I Z Rick Svei Acting City Manager Prepared by: Nr/~ tG Ed Hodney, Dir for Parks and Rec eation A ved by. Munic 4 Y MC ipaleSer ices/Economice Development t 8009 A: \SLMffR.6ER Agenda Nod` + /CJ Agenda ! em ~~LL Date 4, ORDINANCE N0. AN ORDINANCE OF THE CITY OF DEITTON, TEXAS, AUTHORIZING THE ACTING CITY MANAGER TO EXECUTE A CONTRACT WITH THE DENTON INDEPENDENT SCHOOL DISTRICT AND ALL ADDI1I':NAL DOCUMENTS REQUIRED, TO OBTAIN FUNDING FOR THE 1996 SUMMERA FOOD SERVICE PROGRAM; AUTHORIZING THE EXPENDITURE OF FUNDS TO ADMINISTER THE PROGRAM; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas will submit an application for funding under the National School Lunch Act, to the Texas De- partment of Human Services for the purpe able to eligible children at the City'ss Summer Action Site pro- WHEREAS, pursuant to the grant, if received, the City will con- tract with the Denton Independent School District to provide the meals at the various sites; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: aECTI_ ON I That the Acting Cit to execute, on behalf of the Cit Y Manager is hereby authorized the National School Lunch Act, an y, an d Ifafunded ,ion for funding under Food Se vice Program Agreement with the Texas DepartmenthofSHuman Services, a copy of which is attached hereto and incorporated by reference herein, along with any other documents necessary to obtain such funding. 9E-CT--I;?3, That the Acting City Manager is hereby authorized to execute a contract with the Denton Independent School District, substantially in the form of the contract which Is attached to and made a part of this ordinance for all purposes, to provide meals for eligible individuals at the various sites, and such certifications as are necessary to carry out the 1996 Food Service Program, and to handle all fiscal and administrative matters relating to the application and the program. LION III. That the expenditure of funds necessary to administer the 1996 Summer Food Service Program is hereby authorized. SECT- - I _LV That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1996. HOH CASTLEBERRY MAYOR Agenda No Agenda lem gate ~ ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY AMRNEY BY: Page 2 i A t rc: ce n Dacc_ 12- WY of DENT . TEXAS MUNICIPAL BULL DING a 215E MCKINNEY a DENTON, TEXAS 76201 (817) 566-8200 a DfW METRO 434.2529 MEMORANDUM DATE- March 28, 1996 TO: The Honorable Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: CONTRACT FOR AUDIT SERVICES In 1992, bid proposals were received in response to the r'ity's Request for Proposal for Independent Audit Services for the years ending September o 1, 1992 through 1996. The firm of Deloitte & Touche was approved by the Council for that fw, year period. The attached agreement authorizes the City to enter into an agreement with Deloitte & Touche A for auditing services for the year ending September 30, 1996. Staff met Audit Committee on February 13, 1996 to the continuance of Deloitte & with the discuss our auditing firm. Touches as Please advise if you have any questions regarding this matter. Jal Atfacte ota AFFp1159 "Dedicated to Quality SerHee" a C:\NPD0CS\0RD\T0UCHE.CR0 Agenda No.°^~ I n el A.pen7all m Date. r ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND DELOITTE AND TOUCHE LLP FOR AN INDEPENDENT AUDIT; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the City Manager is hereby authorized to execute, on behalf of the City, an agreement between the City of Dciiton and Deloitte and Touche LLP for independent auditing services, a copy of which is attached hereto and incorporated by reference herein. SECTION II. That the expenditure of funds in an amount not to exceed Forty-three Thousand Seven Hundred Dollars ($43,700.00) is hereby authorized. ACTION 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: v~` P„ 4 fi~ A nElenaa No.~~7'' v~ Agenda item , CONTRACT FOR AUDITING SERVICES This Agreement is entered into this 1996 by and between Deloitte & Touche LLP 7~ day of ~ 801 limited limited liability partnership with ( Auditor a registered an office located at Suite 2340, Cherry Street, Fort Worth Texas 76102-6801 and the City of Denton, Texas ("Client"), a home-rule municipil~corporation with administrative offices at 215 Fast McKinney, Denton, Texas 76201. WHEREAS, Client desires to engage Auditor to provide audit services as herein defined; and WHEREAS, Auditor is willing to provide such services; NOW, THEREFORE, in consideration of the promises and mutual undertakings herein, the parties agree as follows: A. SCOPE OF SERVICES Auditor will provide the following services: 1. Auditor will perform the annual audit of Client's general purpose financial statements. Such audit will be conducted in accordance with generally accepted auditing standards; Government Auditinu sty lards, issued by the Comptroller of the United States; the Single Audit Act of 1994; and OMB Circular A-128, Audits of State and Local Governments. 2• Auditor will issue a management letter to Client reporting any material weaknesses in Clients internal accounting controls discovered during the annual audits of Clients financial state- ments. 3• Auditor will perform the annual compliance audit of Client's federal financial assistance programs. Such audit will be conducted in accordance with generally accepted auditing standards; Government Auditin Stands ds, issued b United States; OMB's Com fiance Su lement hforojin 1lelAuditstOf State and ocal Gove e rnments; OMB Cir cula r A-128 nd Local Governments; and AICPA Statement on Auditing Standardt^ o 63, Co--m.~ienceAuditin A licab e Other Reci cents o Governmental Finanto Governmental cial AssIsLdnce~ntities and 4• All services set forth in Auditor's letters of March 6, 1996, copies of which are attached hereto as Exhibit "A", B. DURATION This Agreement is for audit services b herein, for the financial statements of Client, as specified here- in, for Client's fiscal year ending by Auditor., as specified financial and compliance audit work sshouldebe completed nollater 30, 1996. dor's than ninety (90) days after Client's fiscal year end. This will allow the Comprehensive Annual Financial Report for each fiscal year to be submitted to the Government Finance Officers Association tem r AgenILI] Datew t pre ferably by December 15 1996, but no later than January 15, 1997, subject to availability of Client's records. C. CLIENT RESPONSIBILITIES Client understands that the proper and timely completion of Auditor's services hereunder require the reasonable cooperation of Client (including, without limitation, its agencies, and their respective officers, directors, employees, other personnel and agents). Client agrees to provide all such reasonable cooperation requested by Auditor, including, without limitation, the following: - Access to, and/or copies of, Client's books and records; - Access to Client personnel; - Office space and access to support services such as copying and telephone; - Written representations from Client's attorneys, both internal and external; the latter may bill Client for such services; - Written representations from Client about the financial statements and other matters; and - Closing of Client's books and records of account in accordance with laws, regulations and professional standards applicable to the services provided hereunder. Client understands and agrees with the provisions contained in the engagement letters attached as Exhibit "A" hereto. D. OMPEN TION Client shall pay Auditor for time charges and expenses incurred. Auditor's standard hourly rate vary according to the degree of responsibility involved and the experience level of the personnel assigned to Client's audit. Except as provided hereun- der, Auditor's fees for the performance of the services described in Section A for the fiscal year ending September 30, 1996 shall not exceed Thirty-three Thousand Seven Hundred Dollars ($33,700.00). These fees are dependent upon Auditor receiving 150 hours of assistance from the Internal Auditor. Without assistance from the Internal Auditor, Auditor's fees shall not exceed Forty- three Thousand Seven Hundred Dollars ($43,700.00). Client and Auditor recognize that the scope of services and compensation undar this Agreement are predicated upon (i) current audit requirements imposed by laws, regulations and professional standards relating to such services; (ii) expectations of reason- able cooperation with Auditor by client pursuant to this Agreement; and (iii) the absence of any irregularities or circumstances which might necessitate the extension of audit services beyond the nortmal scope of auditing services. PAGE 2 . Agenda h'o. ei I Agenda Item„_) _ Date` r?~ Should (i) irregularities; (ii) the absence of such reasonable coopcration; (iii) increase in the level of services required under applicable laws, regulations or professional standards; or (iv) other unforeseen conditions be encountered which might necessitate the extension of auditing work beyond the scope of normal auditing procedures, Auditor agrees to advise Client promptly in writing of the circumstances and to request an equitable adjustment in the maximum fee before significant additional time is incurred by Auditor. Any such requests for adjustments shall be in writing and shall contain an explanation of why the adjustments are necessary. Client and Auditor agree to negotiate in good faith to determine an equitable adjustment in the maximum fee. Should client and Auditor be unable to agree upon an equitable adjustment within fourteen (14) days of Auditor's written request, or such other time period as agreed upon in writing by Client and Auditor, either party may, notwithstanding any other provision in this Agreement, terminate this Agreement upon seven (7) days notice to the other party. Client shall be liable for time charges and expenses actually incurred by Auditor except for any such addition- al time and expense which has been incurred as a result of the circumstances necessitating the adjustment. E. METHOD OF PAYMENT Auditor shall submit periodic invoices for time charges and expenses incurred as the services hereunder are p:rformed. Such invoices are payable upon presentation. Client will be in material breach of this Agreement if Client's account becomes ninety (90) days or more overdue. Auditor may, at its sole option and without waiver of any rights pursuant to the termination provision in this Agreement or otherwise, suspend its services and resume them upon receipt from client of the full amount due Auditor. F. ADDITIONAL PROCEDURES During the contractual period covered by this Agreement, client may request Auditor to provide services in addition to the services provided hereunder. Auditor may, at its option, agree to provide such additional services upon terms and conditions mutually agreed upon by Client and Auditor. G. R EWAL Fiscal Year 1995-96 is the final year covered in the five (5) year proposal. The City of Denton will be submitting requests for proposals for a period beginning with Fiscal Year 1996-97. H. INSURANCE Upon written request by Client, Auditor shall provide client with a certificate evidencing that Auditor has the following insurance: (i) general liability; (ii) automobile liability; and PAGE 3 ApendaiItem 1. Date (iii) worker's compensation. I . TERMI___ __NATION Either party may terminate this Agreement at any tima upon 30 days notice to the other party. Auditor shall be entitled to com- pensation for time charges and expenses for all services properly rendered pursuant to this Agreement prior to its termination pursuant to this Section. J. SUBCONTRACTING Neither this Agreement nor the audit services to be pro A ded hereunder may be assigned or subcontracted without the written approval of Client. K. LMELLYMENT PRACTICES Auditor agrees that in correction with the services provided hereunder, it will comply with applicable laws and regulatic.ris regarding equal opportunity and employment discrimination. L. OWNERSHIP OF WORKPAPERS AND PROPERTY All workpapers of Auditor shall remain in the property of Auditor. In addition, to the extent that Auditor utilizes any of its property (including, without limitation, any hardware or software of Auditor or any proprietary or confidential information or trade secrets of Auditor) in performing the services hereunder, such property shall remain the property of Auditor, and Client shall acquire no right or interest in such property. M. RETENTION OF AND ACCESS TO RECORDS For a period of three years after the date of Auditor's report on any audit completed hereunder, upon reasonable written notice to Auditor and Client, representatives of the cognizant audit agency (or its designee), the Texas state auditing agency and the United States General Accounting Office shall be entitled during Auditor's regular business hours during the said three year period to inspect and designate for copying Auditor's audit workpapers relating to such completed audit. Copies will be made at Client's or reques- tor's expense by, or under the control of, Auditor. N. MISCELLANEOUS I. Independent Contractor. Each of the parties hereto is an independent contractor and neither party is, nor shall be consid- ered to be, an agent, distributor or representative of the other. Neither party shall act or represent itself, directly or by implication, as an agent of the other or in any manner assume or create any obligation on behalf of, or in the name of, the other. I PAGE 4 Y Agenda No. Agenda Itlm d Oate It Cy: 2. Amendments. No amendment of this Agreement shall be valid unless in writing and signed by botl parties. 3. Notice. Unless otherwise provided in this Agreement, any notice to the parties required or permitted hereunder will be deemed to have been duly given as of the date of receipt if in writing and delivered personally, mailed by certified mail, return receipt requested, or sent by overnight delivery by the U.S. Postal Service or other independent carrier, to the following: Client: Auditor: City of Denton Deloitte & Touche LLP ATTN: City Manager ATTN: George Scott 215 E. McKinney 301 Commerce Street, Ste. Denton, TX 76201 City Center Tower II Suite 2950 Ft. Worth, TX 76102-6801 Either party may change its address for notice by giving the other party prior written notice of the new address in conformity which the foregoing provisions of this Section and the date upon which such new address will become effective. 4. Entire Agreement. This Agreement, including all Exhibits annexed hereto and made a part hereof, constitutes the entire agreement between the parties hereto with respect to the subject matter hereof and supersedes all other oral or written representa- tions, understandings or agreements relating tG the subject matter hereof. Neither party shall be bound by the provisions of any pre- printed or other written terms and conditions subsequent to the date of this Agreement relating to the subject matter hereof unless such additional terms and conditions are made effective pursuant to the Amendments subsection of this section. 5. force Majeure. Notwithstanding any other provision in this Agreement, Auditor shill not be liable or held responsible for any failure to perform or delays in performing its obligations under this Agreement, including but not limited to, the completion of the audit and issuance of its report thereon, which result from circumstances or causes beyond Auditor's reasonable control, including, without limitation, acts or om?ss£ons or the failure to cooperate pursuant to this Agreement by Client (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), fire or casualty, act of God, strike or labor dispute, war or other violence, or any law, order or requirement of any governmental agency or authority. 6. Authority. Each party warrants that it is authorized to enter into this Agreement and that the individual executing this Agreement is authorized to enter into this Agreement. PAGE 5 'r i r Arenda Na. `tr dal P,penda 1 'em Date p 7. Survival. This provisions of the following sections hereof shall survive the expiration or termination of this Agreement: D, I (last sentence), L, M, and N. 8. eadin s. The headings of this Agreement are for the convenience of reference only and shall not affect in any manner any of the terms and conditions of this Agreement. 9. Severability. If any provision of this Agreement is declared or found to be illegal, unenforceable or void, then such provision shall be null and void, but each other provision hereof not so affected shall be enforced to the full extent permitted by applicable law. 10. Governina Law. This Agreement shall be governed by and construed in accordance with the internal laws of the State of Texas. IN WITNE88 WHEREOF, Client and Auditor have caused this Agreement to ba executed and delivered by their respective duly authorized representatives as of the date first set forth above. CITY OF DENTON BY: RICK SVEHLA, ACTING CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERTT~ L. PROUTY, CITY ATTORNEY BY: l~ ~l p~~ Pa 9 d~ DELOITTE & TOUCHE LLP BY; A L29: EORGE , COT , C: \VPDOCS\K\D&T. K PARTNER PAGE 6 S D Agenda No. 6j Agenda lem ,a Data LYIIIBIT "A" S 1 Agenda No, Agenda ~ern Deloitte & oate.~ Touche «P r- Center TCti^: er 11 Te!ephone (817) 347.3300 - Stotc'9FJ 301 Cori nerce Street Fort Worth, Tewas 76102 March 6, 1996 Ms. Kathy DuBose Exr:utive Director of Finance City of Denton 215 East McKinney Dentin, Texas 76201 Dear Ms. DuBose. We are p'eased to serve as independent certified public accountants for the City of Denton, Texas (thc "City") for the year ending September 30, 1996. Mr. George Scott will be partner in charge of all work we ncr°orm for you. We believe that frequent and timely communication throughout the year reduces the Froblerns that are oft:n associated with an annual audit. In addition, we have found that we can often assist clients on current problems as they arise. We hope you will call Mr. Scott wheceve r you feel that he can be of assistance. This letter sets forth our understanding of the terms and objectives of our engagement, the nr!ture and scope of the services we will p wide, and the related fee arrangements. Scope of Services Audit Services We will audit the City's: { General purpose financial statements as of and for the year ending September 30, 1996 Schedule of Federal Financial ,lssistance Compliance with laws and regulations related to federal financinl assistance. Our audit will be conducted in accordance with the following standards: Generally accepted auditin t standards Government AuditingStanrlards, 1994 Revision, isseed by the Comptroller General of the United States Office of Management an.I Budget CircularA•128, "Audits oJSrale and Local Governments' dated April 12, 1985. Noit6eTouche Tohmatsu Intowtioaai c. Ms. Kathy Du©ose Agenda No. 06 March 6, 1996 Page 2 Agenda I em Date The objective of an audit carried out in accordance with these standards and regulations is (i) the expression of our opinion concerning whether the fi respects nancial statements present fairly, in all material , the financial position, results of operations, and cash Rows of the with rented l r accepted accounting principles, organization inconformity ly to determination n wh heth er the inteerna (ii) whether the schedule of federal financial assistance federal is presen and ted other in laws and relation the financial statements taken as a v, hole, (iii) the reporting on our l control structure provides reasonable assurance of compliance with regulations; and (iv) the expression of an opinion on whether the organization complied with specific terms and conditions of its major federal financial assistance program s. Our audit will include tests of the accounting records of the City and such other procedures as we consider necessary to enable us to render the following reports; Opinion on whether the City's general purpose financial statements are fairly material respects, in conformity with generally accepted accounting principlpresented, in all Report on the internal control structure related to our audit of the financial statements Report on compliance with laws and regulations with which noncompliance may be material to the financial statements Report on the schedule of federal financial assistance Report on the internal control structure used in administering major federal financial assistance program s Opinion on compliance with the specific requirements related to major federal financial assistance programs identified in the schedule of federal financial assistance Report on compliance with <<,ncraI requirements of federal programs Report on compliance with specific program requirements related to nonmajor federal financial assistance program transactions selected for testing. In addition, we will render a report on illegal acts and a report on findings and questioned costs, as required, depending on the results of our audit procedures. The managemen! of the City is responsible for establishing and maintaining an internal control structure. To fi:tfill this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs for internal control structure to provide management with reasonable, brt not absolute, assurance that assets arc safeguarded against loss from unauthorized use or disposition, and that transactions are executed in accordance with management's authorization and recorded properly to permit the preparation of financial statements in accordance with generally accepted a.,•ounting principles. Because of inherent limitations in any internal ccatrol structure, errors or irregularities may nevertheless occur and not be detected. Also, projection of any evaluation of the structure to future periods is subject tc the risk that procedures may become inadequate because of changes in conditions, or that the effectiveness of the design and operation of policies and procedures may deteriorate. As part of our audit, we v: ill consider the City's internal control structure and assess control risk, as required by generally accepted auditing standards, for the purpose of establishing a basis for determining the nature, timing and extent of auditing procedures necessary for expressing our opinion Ms. Kathy DuDose t a March 6, 1996 / Page3 H;enda No. !p" f, 4~end l em Date r . n concerning the financial statements, and not to provide assurance on the internal control structure. The report on our understanding of the City's internal control structure and the assessment ofcontrol risk made as part of the financial statement audit wi!I include (1) the scope of our work in obtaining an understanding of the internal control structure and in assessing the control risk; (2) the City's significant internal controls or control structure, including the controls established to ensure compliance with laws and regulations that have a material impact on the financial statements; and (3) the reportable conditions, including the identification of material weaknesses identified as a result of our work in understanding and assessing the control risk, if applicable. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements and the schedule of federal financial assistance; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. Also, we will plan and perform the audit to obtain reasonable assurance about whether the financial statements are free of material misstatement. However, because of the concept of reasonable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities or illegal acts, including fraud or defalcations, may exist and not be detected by us. Management is also responsible for compliance with laws, regulations, contracts and grants, and for establishing and maintaining an internal control structure to assure such compliance with federal award requirements. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City's compliance with certain provisions of laws, regulation,, contracts and grants. However, our objective is not to provide an opinion on overall compliance with such provisions. As part of our audit of compliance with the general requirements of federal financial assistance and specific requirements of major programs, we will obtain an understanding of the City's internal control structure related to administering major federal financial assistance programs and we will assess control risk as required by OMB CircularA-128 for the purpose of establishing the nature, timing and extent of auditing procedures necessary for expressing our opinion concerning compliance with laws and regulations related to major federal programs and for expressing positive assurance as to items tested and negative assurance as to items not tested for general compliance requirements. As required by OMB Circular,4-128, our audit will also include tests of transactions related to federal assistance programs for compliance with applicable laws and regulations. However, because of the concept of reasorable assurance and because we will not perform a detailed examination of all transactions, there is a risk that material errors, irregularities or illegal acts, including fraud or defalcations, may exist and not be detected by us. We will advise you, however, of any matters of that nature that come to our attention, and will in ;ludo such matters in the reports required for an audit in accordance with OMB Circular.4-128. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that arise during any later periods for which we have not been engaged as auditors and for which we have performed no auditing procedures. Similarly, in performing our audit we will be aware of the possibility that illegal acts may have occurred. However, it should be recognized that our audit provides no assurance that illegal acts generally will be detected, and only reasonable assurance that illegal acts having a direct and material effect on the determination of financial statements amounts will be detected. Our auditing procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may inc Jude tests of the physical existence of inventories and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected I I f V Ms. Kathy DuBose 4genda No.tr C• J t p` March 6, 1996 n pena Item Page 4 Datd _ individuals, creditors and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. Management's Responsibility h is our understanding that you will provide us with the basic information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about accounting principles and their application and wilt assist in the preparation of your financial statements, but the responsibility for the financial statements remains with you. This responsibility includes the maintenance of adequate records and related internal control structure policies and procedures, the selection and application of appropriate accounting principles, and the safeguarding of assets. We understand that your employees will type all cash or other confirmations that we request and will help locate any invoices selected by us for testing. Other Communications Arising from the Audit As required by Governmenl Auditing Standards, our report on our tests of compliance with applicable laws and regulations. Plated to our audit of the financial statements will describe all instances of noncompliance reportable under Government.4uditirg rrandarcis. As required by OMB CircularA•128, our report on compliance will contain our opinion on the City's compliance, in all material respects, with the laws and regulations that apply to its major federal financial assistance programs. With regard to transactions selected from nonmajor programs and with our procedures related to general requirements of federal awards, our report on compliance will contain a statement of positive and negative assurance, as discussed above. Because, in addition to our report on the financial statements, the scope of the engagement includes an audit in accordance with Government Auditing Standards and the requirements of OMB Circular A•11f, our reports on compliance with 'aws and regulations, including legal compliance and reports on your systems of internal control may be accompanied by observations (findings) on your compliance or on your systems of internal control and a schedule of questioned costs, if the results of our audit procedures require such observations or questioned costs. If any observations or findings are reported to you, you must provide a written corrective action plan under the requirements of the OMB Circular A-128. Our audit is not specifically designed and cannot be relied on to disclose all reportable conditions (that is, ignificant deficiencies in the design or operation of the internal control structure). However, di ring the audit, if we become aware of such reportable conditions that affect the financial internal control systems or of ways that we believe management practices can be improved, we will communicate them to you in a separate letter. At the conclusion of the audit, we will request the City's management to provide us a representation letter that, among other things, will confirm management's responsibility for the preparation of the financial statements in conformity with generally accepted accounting principles, and availability of financial records and related data, the completeness and availability of all minutes of City Council (and committee) meetings, the absence of irregularities involving management or those employees who have significant roles in the control structure and, farther, to confirm management's responsibility for compliance with laws and regulations, applicable to federal financial assistance programs. V 1 1 Ms. Kathy DuBose 49enda No. March 6, 1996 Agenda i em Pege 5 Date ' < We understand that our reports on the internal control structure as part of the financial statement audit and on compliance with laws and regulations are intended for the information of the audit committee, management and appropriate federal agencies, As required by GovernmentAudiring Standards and OMB Circular A-128, we will maintain the working papers for a minimum of three years from the date of our reports. These working papers will be made available to representatives of the cognizant audit agency (or its designee), other government audit staffs, and/or the United States General Accounting Office upon their request and after they have properly notified you of their request to review the working papers. Fees Fees for our services are based on per diem rates, plus oct-ol pocket expenses, all of which will be billed as our work progresses. Our professional fee for the audit of the general purpose financial statements for the fiscal year ending September 30, 1996, will be $35,100 which reflects the annual inflation adjustment. Should an increase in the scope of our services be required, we would provide you with a change in our fee prior to commencing the work. These fees are dependent upon our receiving 250 hours of assistance from the Internal Auditor. Without assistance from the Internal Auditor, our fee will increase to $43,700. During the course of our engagement, we may observe opportunities for economy in or improved controls over your operations. We will bring such matters to the attention of the appropriate level of management in writing. We appreciate the opportunity to be of service to the City, and we believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Yours very truly, RESPONSE: This letter correctly sets forth the understanding of the City of Denton, Texas. Approved by Dale I I J E:\WP' X$\ORD\CIT IZEN. RUL Agenda No. Lo - 0/ Agenda Item -01 Date_ °~-q~---- ORDINANCE NO. ZDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, AND SECTION 29 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING CERTAIN RULES ESTABLISHING THE ORDER OF BUSINESS AND CLARIFYING TIME LIMITS ON PRESENTATIONS BY CITIZENS BEFORE THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIJE DATE. WHEREAS, the Attorney General has ruled that the Texas Open Meetings Act does not entitle the public either to choose the items to be discussed before the Council or to speak about items on the agenda; and WHEREAS, the City Council deems it in the public interest to establish rules providing citizens the right to speak at Council meetings within certain time limits and under certain rules which will preserve r-!,e ability nf the Council to effectively and efficiently conduct its publi.: meetings; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 94-183 is hereby amended by amending Section 6 "Order of Business", sections 6.1 through 6.7, inclusive, and amending Section 2.29 "City Council Procedures: Order of Business" of the Code of Ordinances of the City of Denton, to read as follows: 6. ORDER OF BUSINESS I 6.2 Acrenda: (2-29(a)) The order of business of each meeting shall be as contained in the agenda prepared by the City Manager, which shall be reviewed and approved by an Agenda Committee composed of the Mayor, one other member of the City council ' selected by the Council, and the City Manager. The agenda shall be a listing by topic of subjects to be considered by the Council. Placement of items on the agenda shall be governed by this Section and Section 6.3; provided that if a Councilmember has an "emergency" item that the Councilmember believes should be placed on the next regular or special meeting agenda, the placement must be approved by two members of the Agenda Committee. Conduct of business at special meetings and Council committees and subcommittees will likewise be governed by an agenda and the rules of procedure contained herein. 6.2 Pledge of Allegiance: [2-29(b)] Each agenda shall provide an item for the recital of the "Pledge of Allegiance" at the regularly scheduled City Council meetings. This item shall j begin with the recital of the pledge of allegiance for the United States flag and shall follow with a recital of the pledge of allegiance for the Texas state flag in accordance with article 6139(b) of Vernons Annotated Texas Civil Statutes. ~ y M rgeada No. Agenda Item Date_ 6.3 Presentations by Members of the Council: (2-29(c)] The agenda shall provide a time when the Mayor or any Councilmember may bring before the Council any business that he or she feels should be deliberated upon by the council. These matters need not be specifically listed on the agenda, but discussion and formal action on such matters shall be deferred until a subsequent Council meeting. Any member may suggest an item for discussion at a future work session. The City Manager or City staff shall only respond preliminarily on this item at the work session. If the City Council believes the item requires a more detailed review, the Council will give the City Manager or City staff direction to place the item on a future regular meeting agenda and advise staff as to the background materials to be desired at such meeting. 6.4 Presentations by Citizens: (2-29(d)] (a) Citizen Reports: Any person who wishes to place a subject on the Council agenda at a regular City Council meeting shall advise the City Manager's office of that fact and the specified subject matter which he or she desires to place on the agenda no later than 5:00 p.m. on Wednesday prior to the Council meeting at which he or she wishes the designated subject to be considered. A time for such citizen reports shall be provided on the agenda after the pledge of allegiance, approval of the and the presentation of proclamations. Any speaker providing a citizen report shall speak for no longer than five (5) minutes on all items that he or she may bring before the Council at each meeting, unless the Mayor or the majority of the Council grants an extension of time. No citizen may fill out a "request to speak" form or have an opportunity to speak or comment on another citizen's report which is given at the same Council meeting. (b) Speaking on Regular Agenda Items: Any person who wishes to address the council regarding an item that is on the Council's non-consent agenda for a regular or special meeting, shall complete a "request to speak" form asking to speak regarding the item and return it to the City Secretary before the Council considers the item. The Mayor will call upon the citizen to speak for no longer than three (3) minutes as that particular agenda item is considered by the City Council. The provisions of this para- graph do not apply to persons appearing at a public hearing in response to an official agenda notice or publication, nor shall any person have a right to speak or provide input on consent agenda items, unless such items are removed from the consent agenda and placed on the regular agenda by the City Council. The provisions of this paragraph also do not apply to workshop meetings, and a citizen's right to speak and provide input at those meetings shall be limited and controlled by Section 4.3 "Workshop Meetings" of this ordinance. (c) Speaking at Public Hearings: Public Hearings: Any person who wishes to address the Council at a public hearing shall complete a Page 2 T 41 Agenda No. Agenda It m. , Date 21- C "request to speak" form and return it to the City Secretary before the applicable hearing. The Mayor will call upon the citizen to speak for no longer than five (5) minutes. 6.5 Time Limits: [2-29(e)] Speakers before the Council shall limit their remarks to five (5) minutes or less for public hearing items and citizen reports. Citizens speaking to a non- public hearing agenda item shall limit their presentations to three (3) minutes or less. 6.6 Oral Presentations by City Manager: [2-29(f)] Matters requiring the Council's attention or action which may have developed after the deadline for delivery of the written communication to the Council may be presented orally by the City Manager. If formal Council action on a subject is required, such action may be taken only if the provisions of the Texas Open Meetings Law have been satisfied. 6.7 Presentation of Proclamations: [2-29(g)] The agenda may provide a time for the presentation of proclamations. The Mayor or presiding officer may deliver and present proclamations upon the request of citizens. Proclamations may encompass any activity or theme except that proclamations with a theme religious or partisan in nature shall not be presented. Moreover, proclamations shall not be used for any commercial or advertising purpose. SECTION II. That save an except as amended hereby, all of the sections, clauses, and phrases of Ordinance No. 94-183, as amended, 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: Page 3 T III E:\NPDOCS\CH➢\CHAMPEF.i.t~ ff~/ AWda IN Mends th a - Dell ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE THE. SECOND ADDENDUM TO THE LEASE BETWEEN THE CITY OF DENTON AND THE DENTON CHAMBER OF COMMERCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on the 21st day of August, 1973, Lessee and Lessor entered into a lease for a term of twenty-five years, beginning the 1st day of September, 1973 and ending on the 31st day of August, 1998 on the fallowing described property, to wit: lying and being situated in the City of Denton, County of Denton, State of Texas, being Lot 15, Block 431 of the City of Denton, Texas (approximately 25,000 square feet) the same being land owned by the Lessor situ- ated on the north-east corner of Parkway and Carroll Boulevard ("Base Lease"); and WHEREAS, on the 16th day of March, 1976, Lessor and Lessee entered into that certain addendum to lease extending the term of the Base Lease for a period of twenty-five years to end on the 31st day of August, =.023; and VHEREAS, the Lessor and Lessee are desirous of entering into an additional extension of the base lease for another twenty-five year period, to extend the lease through the 31st day of August, 2048; and WHEREAS, the Lessor and Lessee have entered into that certain contract, as amended, whereby the Lessee is to provide certain economic development services and to promote tourism and commerce within the City of Denton; and WHEREAS, the Lessee is desirous of making major improvlaments to the building on the leased premises as described above in an amount expected to exceed $400,000; and WHEREAS, the Lessor considers that the extension of this Base Lease to Lessee is essential to support the activitiee of Lessee to promote economic development and tourism within the City and that these activities constitute a part of the Lessor's program under TEX. LOC. GOVT CODE §380.001 to promote economic development and to stimulate business and commercial activity and constitute a public purpose; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute the Second Addendum to Lease between the City of Denton and the Denton Chamber of Commerce, a true, complete, and correct copy of which is attached hereto and made a part hereof for all purposes. SECTION II. That this ordinance shall become effective immediately upon its passage and approval. r y F Agenda No, Agenda l m Date_ GG ° 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: /~J by Agenda No. k Agenda I em ' Date STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENCE COUNTY OF DENTON § SECOND ADDENDUM TO LEASE This second addendum to that certain agreement of lease made the 21st day of August, 1973 by and between the City of Denton, Texas, known herein as "Lessor" and the Denton Chamber of Commerce, known herein as "Lessee", as amended, hereinafter referred to as "base lease": RECITALS WHEREAS, on the 21st day of August, 1973, Lessee and Lessor entered into a lease for a term of twenty-five years, beginning the 1st day of September, 1973 and ending on the 31st day of August, 1998 on the following described property, to wit: lying and being situated in the City of Denton, County of Denton, State of Texas, being Lot 15, Block 431 of the City of Denton, Texas (approximately 25,000 square feet) the same being land owned by the Lessor situ- ated on the north east corner of Parkway and Carroll Boulevard; and WHEREAS, on the 16th day of March, 1976, Lessor and Lessee entered into that certain addendum to leasa extending the term of the base lease for a period of twenty-five years to end on the 31st day of August, 2023; and WHEREAS, the Lessor and Lessee are desirous of entering into an additional extension of the base lease for another twenty-five year period, to extend the lease through the 31st day of August, 2048; and WHEREAS, the Lessor and Lessee have entered into that certain j contract, as amended, whereby the Lessee is to provide certain economic development services and to promote tourism and commerce within the City of Denton; and WHEREAS, the Lessee is desirous of making major improvements to the building on the leased premises as described above in an amount expected to exceed $400,000; and WHEREAS, the Lessor considers that the extension of this base lease to Lessee is essential to support the acti•ities of Lessee to promote economic development and tourism within the City and that these activities constitute a part of the Lessor's program under TEX. LOC. GOVT CODE §380.001 to promote economic development and to stimulate business and commercial activity and constitute a public purpose; NOW, THEREFORE, The Lessor anti Lessee hereby agree to addend the base lease in accordance with the following terms and conditions: 1. That the base lease is hereby amended by extending the term of the lease on the above-described property for an additional twenty-five years so that the term begins on the 1st day of Septem- ber, 1973 and will end on the 31st day of August, 2048 for a - r Agenda No.t~ Agenda IItte~m~ consideration of one dollar ($1.00) per each year of p@4A Id! tip the conditions and covenants of this lease. 2. That section III of the base lease is hereby amended to read as follows: That the Lessee will assume full responsibility for the general urviceep, maintenance, and repair of the building and property and all -Lmprc,,-ements placed thereor: during the term of the lease, includinj without limitation, all improvements to the demised premised. That during the term of this lease, the Lessee shall keep the building and premises fully insured at all times during the term of this lease, with an insurance company licensed to do busine33 in the State of Texas with policies of fire, casualty, and property damage insurance to the full extent of the actual market value of the demised premises. The Lessor shall be named as an additional insured and a beneficiary on the policies. The policies shall contain provisions that th,>-y shall not be cancelled or changed without the insurer providing both Lessee and Lessor thirty (30) days prior notice of such change or cancella- tion. Lessee agrees to pay before delinquency all charges for water, gas, heat, electricity, power, and other similar charges incurred by Lessee with respect to and during the occupancy of the demised premises. 3. That save and except as amended hereby, that the original base lease, as amended, shall remain in full force and effect. IN TESTIMONY HEREOF, the a duly authorized representative of the parties above have hereunto executed same on the 1996. day of CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY$ CITY ATTORNEY BY: DENTON CHAMBER OF COMMERCE I A:NCW418EA.AMD BY: _ Page 2 o j t y F f ~4genet No. --D/~~ too CITY Of DENTON, TEXAS MUNICIPAL BUILDING 215 E MCKINNEY DENTON, TEXAS 76201 r (817) 566-6200 DFW METRO 434.2529 MEMORANDUM DATE: March 29, 1996 TO: Rick Svehla, Acting City Manager FROM: Kathy DuBose, Executive Director of Finance SUBJECT: IDA BOND ISSUANCE The attached ordinance declares on intent to issuance bonds in connection with the Hartzell Corporation with the intent ;o finance a manufacturing project through the Denton Industrial Development Authority. There will be no financial obligation or the part of the City with the issuance of these bonds. Please advise if you have any questions regarding this matter. /ar AttoOment AFF01I5B "Dedicated to Quality Senice" Agenda ho. Agenda it m Date r' A „'>_----e- RESOLUTION APPROVING AIN AGREEMENT AND RESOLUTION OF I713 CITY OF DENTON INDUSTRIAL DEVELOPMENT AUTHORITY WITH RESPECT TO THE ISSUANCE OF BONDS FOR HARTZELL MANUFACTURING, INCORPORATED WHEREAS, City of Denton Industrial Development Authority (the 'Issuer") was created under the auspices of City of Denton, Texas (the "Unit"); and WHEREAS, the Issuer is authorized by the Development Corporation Act of 1979, as amended (the "Act"), to issue its revenue bonds on behalf of the Unit for the purpose of financing all or part of the costs of a "project% as defired in the Act, and to loan the proceeds thereof to finance all or part of the costs thereof, and WHEREAS, the Issuer, by resolution (the "Bond Resolution") adopted April I, 1996, has authorized the issuance and sale of its Variable Fate Demand Industrial Development Revenue Bonds (Hartzell Manufacturing, Incorporated Project) Series 1996 (the "Bonds") in the maximum aggregate principal amount of $2,000,000 and by the Bond Resolution has also authorized a Loan Agreement with Hartzell Manufacturing, Incorporated (the "Company") wherein the Issuer agrees to issue and sel; the Bonds to provide funds to finance a certain manufacturing project of the Company (the "Project") located within the Unit, and certain other agreements of the Issuer in connection therewith (c•-electively the Loan Agreement and such other agreements shall be referred to as the "Bond ,--uments"); and 137ffREAS, the Act requires that the governing body of the Unit approve, by written resolution, any agreement to issue bonds approved by the Issuer; and WHEREAS, the general pubic had an opportunity to make comments on the Bonds and the Project at a public hearing duly called and held by the Issuer on April I, 1996; and WHEREAS, this Cit: Council of the City of Denton, Texas has ►eviewed the proceedings relative to the issuance of the Bonds and, by adoption of this Resolution, intends to approve the Bond Resolution, the issuance of the Bonds, the plan of financing approved by the Bond Resolution and to make the findings required by the Act to approve the Project; WHEREAS, it is deemed necessary and advisable that this Resolution be adopted. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS THAT: Section 1. The Bond Resolution adopted by the Issuer authorizing the execution of the Bond Docun-e;its and authorizing the sale of the Bonds, in substAntially the form and substance e ,ached to thi., Resolution and made a part hereof for all purposes, is hereby specifically approved, and the Bonds may be issued as provided for therein. V ! r Agenda No. rV Agenda 111 D'ete0-- in Section 2. The Loan Agreement, substantially the form and su*atance as attached to the Bond Rewlution and made a part hereof and thereof for all purposes, is hereby approved, and Bonds in the maximum principal amount of $2,000,000, may be issued pursuant thereto for the purpose of financing the cost of acquiring, constructing and equipping or causing to be acquired, constricted and equipped the Project as defined and described therein, which Project was and is in compliance with the Act and the rules promulgated thereunder by the Texas Department of Commerce; and said Project is hereby approved. Section 3. The Unit hereby approves the issuance of the aforesaid Bonds in the maximum aggregate principal amount of $2,000,000 for the Company, and fi-rther approves the. Project as described in the aforesaid Loan Agreement, and such approvals shall be solely for the purposes of Section 147{f) of the Internal Revinue Code of 1986, as amended, and the Unit shall have no liabilities for the payment of the Bonds nor shall any of its assets be pledged to the payment of the Bonds. 4 i f Apt* No. Agendt Item _ Ot!7 CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE 817.566.8309 Office of Vhe City Secretary MEMORANDUM DATE: March 28, 1996 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies: Downtown Advisory Board - Council Member Cott has nominated Joanna Deonath. Cable T. V. Advisory Board - Council Member Young has nominated L. T. Hensley. Keep Denton Beautiful Poard - Luanne Hicks has resigned. This is a nomination for Council Member Brock. If you require any farther information, please let me know. Je n' a ters C Secre ary ACCOOOF4 "Dedicated to Quality Service"