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05-07-1996
i raw - - , f ioll ti w ~w N N O 'y a v J J I 4 VICINI Y MAP IPA , ANA ' OWNER =WNMIR W ML . ,c.., 00 r ♦ y r tit: ~asJlt~►aY ~rawta . ~LEC1t~~C ~ ~ (o 70 \ CURRENT- T A,T. INVESTMENTS CYPRESS TWO PROPERTIES PROPOSE D-OAKMONT VILLAGE INC. F LAND:- 5.319 AC i r L r ti `ONING: 2F I f ZONLD PD I t ~ BUILDING, PLANT MATRIX ONE STORY OUANITY. NAME SIZE. SPACj .zf '+vs.AokK z'fuler a u~J.:...:..:., w t trso HEIGHT- 28' MiAXO. '7S S k 6 ~t tv KvPwA MU{.CrN as, ROOF- METAL OR COMPOSI T IO SQUARE FEET - :2 %000 MA X. mks% PARKING: - FUTURE SPOWN 33 04 REdD. 9, SHOWN 26 1 1 %0 or I i r 00~ ZONED G 7 R EXITS PER U.S.C. AND. U, F C. , ,...:,al►*'CtJkY1>ZfiY X~ 1 0 0 1. :i OF r' I 1 J l DE~' )CRI PT ION': !f q MP „ 0 II 1 ol 140 + WOO1 0,0 i►- + tir yM++ 0 '01 'QUIET, SECURE, DWELLING / ~ ♦r nrw r.wa r~ 4T' 0 % f ~jr ~r+ UNITS FOR RETIRED PER ` ta' PRIVACY ZOSS 4 • MIR 4 ~ ~r iYYr~~►w1• .r Mi III N"M ~M- w yWTO'~ Y rr w ~r 'r rr r wMw r ~M w. .r rrr w rA++rwr r~{ -N0. OF ' UN ITS 5 4 MAX. 2"r.A&.iPrwR (ore idwi o) '1.%v0 Tests 1 04 ~ pwa 100' {~I ClitLb MINA) n+ LANDSCAPE r • STREET YARD 68,075 SF SPRINKLER SYSTEM ZONED ►NFD 2F ZONED GR k ap%o*-%c M~~wJ!~~~ LANDSCAPING RECD D 13,615 SI p o4om s4 'Ttb Wo 201 LANDSCAPING PROVIDED 270(. I 4?All % 7w 5 n" ! P,/ /.),Iy OAKMONTVILLAGE -Cl/4-IC BLOC K As , 'LILLIAN - MILLER rJeRmAl4 IMINARY PLAT OF LI Z A NO-5 C~ PRELIMIN) ADDITION, CITY OF DENTON, DENTON COUNTY > TEXAS r ARRY ACKM0N 1 ti sENGcrra nINGatr p20 Ridpw Mvt /213 Fo,jWj4*TB 76116 {ail 737 m ^,g(ur)"74M hlobfle I11q 3044m Ii 1 M IMIIII MIM IIIMIMAMMNf ~ n . i i i t ii a AQonda No.J. AQond~am 42 Section 37, FURTHER PROCEDURES, The Mayor of the Issuer, the City Sccmtary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of sham, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such we and things and to execute, acknowledge, and deliver In the name and under the corporate seal and on behalf of the Issuer all such Instruments, whother or not herein mentioned, ` As may be necessary or desirable in order to carry out the terms and provisions of this Bond Ordi- nance, the Bonds, the sale of the Bonds, and the Notice of Sala and Official Statement; and the 1.Nrector of Finance of the City shall cause the expenses of issuance of the Bonds to be paid from the proceeds ofWo of the Initial Bond or from ether lawfblly available funds of the Issuer. In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of suoh.Aond, such signature shall nevertheless be valid and sufficient for all purposes the same as If such officer had remained in office until such delivery. Section 38, OPEN MEETINGS, The City Council has found and determined that the meeting at which this Ordinance Is considered Is open to the public and that notice thereof was given In accordance with the provisions of the Texas Open Meetings, Law, Tax, Gov't. Code, Chapter 551, as amended. Section 39. EFFECTIVE DATE, This Ordinance shall become effective immediately upon Its passage and approval, PASSED AND APPROVED this tha -day of_„__ 1996, Bob Castleberry, Mayor ATTEST; Jrnnifer Wafters, City Secretary APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By'- 52 a 1. Mao k&, ~BBHd~~tlnl DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following Information Is referred to In Section 35 of this Ordinance: Annual Finaneial Statements and Operating Data The flnandal Information and operating data witit respect to the Issuer to be provided annually in accordance with such Section are as speclfled (and included in the Appendix or under the tables of the Official Statement referred to) below: 'T'ables numbered 1 through 14, inclusive, under the captions "The Utility System", "Debt Service Requirements" and "Financial Informatlon" In the Official statement. Appendix A in the Official Statement. Accounting Principles The accounting principles retorted to In such Section are the accounting principles described in the notes to the financial statements referred to In the paragraph above. N Agenda 4 Agenda } pale. - i airy Of 06Nr01% rexp MUNICIPAL 1Jl1ILD1Ni3 o 216 E MoKINNEY # DENTON, TEXA$ 76201 MEMORANDUM /817) 666.8200 o DF'W METRO 434.2629 DATE: April 17, 1996 'COI Rick Svehla, Acting City Manager FROM: Harlan L. Jefferson, Director of Fiscal Operations G/, L SU13JI3CT, 081SINRAL OBLIGATION PONDS, SERIES 1996 011 May 7, 1996, David Medanich front First Southwest Company and LX, (Ted) Nrizzolara, Ill from ! McCall, Parkhurst and Horton will open the bids we receive regarding the City of Denton '6 General Obligation Bonds, Series 1996. 'Che process of opening sealed bids publicly and tabulating them before tine City Council is required by the City Charter, The $2,515,000 In deneral Obligation Bonds are being Issued for three purposes (I.e., Street projects - $1,500,000; Drainage projects $715,000; and harks & Recreation projects-$300,000). All (Ito projects were previously approved In the 1996.2000 Capital Improvement Program (CIP), The specific listing of projects to be funded Is as follows DIV/ Np(. IJeatuiPdon Wc>)sotd ad Dralnage Enlarge culverts under Kerley and bulfd 1000' channel 8 330,000 Drainage Add drainage capacity undor Robertson. Eliminate ftoodtng on Heil. 200,000 Roclarnatlon of And from Noodway downstream Drainage Mlscollonoous drainage oapttal Improvement Phase 1 126,000 Parka Upgrodalrenovato 14 parks SafetylAOA coinpllance, athfello fields, reatrooma, 300,006 Ilghtlnq SteeatlTraos Build connections to existing sidewalks along Duncan, Smith, Kerloy 88,000 and Lakey Stroats StraatlTrane Half funding for right-of•way for loop 288 from Sponcer Road to 1,38E 326,000 Streatffrans Right-ofway funding • Nottingham from Mtngo to Paisley 280,000 StreauTrana Arterial turn lanes, Phase I 111,000 StrootlTrans Trafflo signals, Phase I 199,000 Streotl7rans Siraet constructlon, Phase 1 880,000 TOTAL $21818,000 "De(leated to Quality Servler, I kgauua No,l~-F- Agenda Memo to Rick ,Svehla Aprll 17, 1996 Page 2 Attached Is a copy of the appropriato ordinance authorkltlg the issuance, sale, and dolivory of the City of Denton General Obligetiun Bonds, Series 1996. If you have any questions, or need more speoifle information, please advise, 1 HJ..hs AttichWMI AFFOHBB i I 1 i i; Agenda ter 74 ORDINANCE NO, 96- Gala : Y ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DEMON GENERAL OBLIGATION BONDS, SERIES 1996, L13VYING THE TAX TO PAY SAME, AND APPROVING AND AUTHORIZINO INSTRUMENTS AND PROCEDURES ABLATING THERETO; AND PROVIDING] AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DBNTON CITY OF DENTON WHEREAS, the bonds hereinafter authorized were IawRilly and favorably voted at an election duty held in said City on February 24, 1996; and WHEREAS, out of the bonds aggregating the amount of $26,000,000 voted at said election, none has been issued or delivered; and WHEREAS, the Council of said City deems It necessary and advisable to authorize, Issue, and deliver an installment or series of said bonds; and WHEREAS, the bonds hereinafter authorized and designated were voted and are to be Issued, sold, and delivered purwW to Vemon's Ann, Tex. Civ, St Articles 823 and 1175, Article IX of the City's Home Rule Charter, and other applicable laws, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; Section 1, AMOUNT AND PURPOSE OF THE BONDS. The bond or bands of the City of Denton, Texas (the "Issuer") are hereby authorized to be Issued and delivered In the aggregate principal amount of $2,515,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: $1,500,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; $715,000 FOR DRAINAGE IMPROVEMENTS AND $300,000 FOR PARK IMPROVEMENTS. Section 2, DESIGNATION OF THE BONDS, Each bond Issued pursuant to this Ordinance shall be designated; "CITY OF DENTON GENERAL OBLIGATION BOND, SERIES 1996", and initially there shall be Issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable In installments of principal (the "Initial Bond"), but the Initial Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of Atlly registered bonds, without interest coupons, having serial maturities, and In the denomination or denominatlons of $5,000 or any integral multiple of $5,000, all In the manner herein- after provided. The term "Bonds" as used In this Ordinance shall mean and Include collectively the Initial Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds Issued pursuant hereto, and the term "Bonds" shall mean any of the Bonds, 'r Apanda No..,~0 Abanda larn Is Section 3, IN TIAL DATE, DENOMINATION, NUWBR, MATURITIES, INITIAL REGISTER13D OWNER, AND CHARACTERISTICS OF THE INITIAL BOND, (a) The Initial Bond Is hereby authorized to be Issued, sold, and delivered hereunder as a single tally registered bond, without interest coupons, dated May It 1996, In the denominshon and aggregate principal amount of $2,515,000, numbered R• 1, payable in annual Installments of principal to the Initial registered owner thereof, to.wh: or to the registered assignee or assignees of said Bond or any portion or portions thereof (In each case, the "registered owner"), with the annua) Installments of principal of the Initial Bond to be payable on the dates, respectively, and In the principal amounts, respectively, stated In the FORM OF INITIAL BOND set forth In this Ordinance. (b) The Initial Bond (1) may be prepaid or redeemed prior to the respective scheduled due dates of Installments of principal thereof, (il) may be assigned and transforrcd, (111) may be converted and exchanged for other Bonds, (iv) shelf have the characteri sties, end (v) shall be signed and sealed, and the principal of and Interest on the Initial Bond shall be payable, all as provided, and In the manner required or indicated, in the FORM OF INITIAL BOND set forth In this Ordinance. Section 4, INTEREST, The unpaid principal balance of the initial Bond shall bear Interest from the date of the Initial Bond to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the Installments of principal of the Initial Bond, and said Interest shall be payable, atl in the manner provided and at the rates and on the dales stated In the FORM OF INITIAL BOND set forth In this Ordinance, Section 5. FORM OF INITIAL BOND. The form of the Initial Bond, including the form of Registration Certigoate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: I 2 I Agenda Item A(S 04W s EORM OF INITIAL BOND UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DEWON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1996 THE CITY OF DENTON, in Denton Counly, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pny to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of ( DOLLARS) In annual installments of principal due and payable on February 15 in each of the years, and In the respective principal amounts, as set forth In the following schedule; PRINCIPAL PRINCIPAL YEAR AMOUNT YEAR AT 14Vn- 1997 $ 30,000 2007 $125,000 1998 75,000 2008 130,000 1999 80,000 2009 1,40,000 2000 85,000 2010 150,000 2001 90,000 2011 155,000 2002 95,000 2012 165,000 2003 100,000 2013 175,000 2004 105,000 2014 185,000 2005 110,000 2015 195,000 2006 115,000 2016 210,000 and to pay interest, calculated an the basis of a 360-day year composed of twelve 30-day months, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the roles as follows; per annum on the above installment due in 1997 per annum on the above Installment due in 1998 per annum on the above installment duo in 1999 __,2% per annum on the above installment due in 2000 per annum on the above installment due in 2001 3 L+ _ Agenda Agenda Item per annum on the above Installment due In 2002 Date per annum on the above Installment due In 2003 u% per annum on the above Installment due In 2004 per annum on the abovo Installment due In 2005 per annum on the above installment due In 2006 per annum on the above installment due In 2007 per annum on the above Installment due in 2008 per annum on the above Installment due In 2009 { per annum on the above Installment due in 2010 __21o per annum on the above Installment due In 2011 ___21o per annum on the above Installment due In 2012 per annum on th,y above installment due In 2013 __21o per annum on the above installment due in 2014 per annum on the above installment due in 20'15 % per annum on the above Installment due in 2016 with said interest being payable on February 15, 1997, and semiannually on each August 15 and February 15 thereafter while this Bond or any portion hereof is outstanding and unpaid TUB INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable In lawful money of the United States of America, without exchange or collection charges. Ttio installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of TEXAS COMMERCE 13ANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Reglstrar on, and payable solely from, flrnds of the Issuer required by the ordinance authorizing the Issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Regisirar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mall, first-class postage prepaid, on each such prncipal and/or Interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, The Issuer cove- nants with the registered owner of this Bond that on or beforo each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available fltndg, of aii principal of and Interest on this Bond, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions In the City where the Paying Agent/Reglstrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which Is not such a Saturday, Sunday, legal holiday, or day on which banking Institutions are authorized to close; and payment on such date shall have the same force and effect as If made on the original date payment was duo, 4 4 Agenda No,,96- i Agenda Jtern ~ Dale 'PHIS 13OND has been authorized In accordance with the Constitution and laws of the State of Texas FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: $1,500,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; $715,000 FOR DRAINAGE IMPROVEMENTS AND $300,000 FOR PARK IMPROVEMENTS. ON FEBRUARY 15, 2006, or on any date whatsoever thereafter, the unpaid Installments of principal of this Bond may be prepaid or redeemed prior to their scheduled duo dates, at the option of the Issuer, with fonds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only In an Integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption, AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption duo provision shall be made by the Issuer with the Paying Agent/Rogistrar for the payment of the required prepay- ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued Interest thereon to the date Axed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued Interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment, The Paying Agent/Registrar shall record In the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only In the Registration Books of the Issuer kept by the Paying Agent/Registrar acting In the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/ Registrar for cancellation, together with proper Instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof In any integral multiple of $5,000, to (lie assignee or assignees In whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any Instrument or Instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereofby the initial registered owner hereof. A new bond or bonds payablo to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the Initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as 5 L Agenda No,4- Agenda Item OaleT~'_~,provided In the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Reglstrar as the absolute owner hereof for all purposes, including payni nt and discharge of liability upon thla Bond to the extent of such payment, and the Issuer and the Paylg3 Agent/Registrar shall not be affected by any notice to the contrary, AS PROVIDED above and In the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fttlly registered bonds, without Interest coupons, payable to the assignee or assignees duly designated In writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which Is not being assigned and transferred by the Initial registered owner, In any denomination or denominations in any Integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond Issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond Issued In exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such Installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in Installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more asgignees, but the bonds Issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but (lie one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto, The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (1) during the period commencing with the close of business on any Record Date and ending with the opening of business the next folloNving principal or interest payment date, or, (11) with respect to any Bond or po. iio.: ,,ireof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that It promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written n®tire thereof to be mailed to the r?gtsteted owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly voted, authorized, Issued, sold, and delivered; that all acts, conditions, and things required or proper to b ~ performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bor t have been performed, existed, and been done in accordance with law; that this Bond is a general oblig Lion of the Issuer, issued on the full faith and credit thereof; and that annual ad valarern taxes 6 t 'i ~..L Agontia No,_ o _ A00"Om _ sufficient to provide for the payment of the Interest on and principal of this~tas siMesb3f- comes due and such principal matures, have been levied and ordered to be levied against all taxable property In the Issuer, and have been pledged irrevocably for such payment, within the limit pre. scribed by law, BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection In the official minutes and records of ;tie governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS W}IBREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly Impressed on this Bond, and has caused this Bond to be dated May 1, 1996. City Secretary, u Mayor, City of Denton, Texas City ofDenton, Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) FORM O RF EGISI,RATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC AMOUNTS; COMPTROLLER'S REGISTRATION CERTIFICATE; REGISTER NO, I hereby certify that this Bond has been examined, certlfled as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Pub!lo Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) 7 ,l Aponda No, Aponda Itom,~.,t~_.• (iota Y Section 6. ADDITIONAL CHARACTERISTICS OF THE BONDS, 't'ransfer, (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books") and the Issuer hereby appoints the Paying Agent/Registrar as its registrar' and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may proscribe; and the Paying Agent/Rogistr: r shall make such transfers and registrations as herein provided, The Paying Agent/Reglstrar shall obtain and record in the Registration Books the address of the registered owner of each 13ond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notity the Paying Agent/Registrar in writing of the address to which payments shall ba mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to Inspect the Registration Books during regular business hours of the Paying Agent/Rogisirar, but otherwise the Paying Agent/Reglstrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity, Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agem/Registrar for transfer of registration and cancellation, together with proper written Instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing tho assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (it) the right of such assignee or assignees to havo the Bond or any such portion thereof registered In the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued In conversion and exchange therefor in the manner herein provided. The Initial Bond, to the oxtent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any donomination or denominations of any Integral multiple of$5,OD0 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any potion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued In oxchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable In installments, and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and bona by such installment of principal or portion thereof for which it is being exchanged, If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the Initial registered owner substitute Bonds In exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, cxcepthrg the Initial Bond, which shall be executed by tlc; registered owner or its duly authorized attorney or representative to evidence an assignment thereof Upon surrender of any Bonds or any portion or ti I AaondaW../ Agenda 11 M_10~. L„~,__.. Dale.--..(? portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfor in the Registration Books, and shall deliver a now ftdly registered substitute Bond or Bonds, having the characteristics heroin described, payable to such assignee or assignees (which then will be the registered owner or owners of such now Bond or Bonds), or to the previous rogistered owner in case only a portion of a Bond is being asslyned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof, In the same farm and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer shall pay the Paying Agent/Registres standard or customary fees and charges for making such trans- fer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shell pay any taxes or other governmental charges required to be paid with respect theroto. The Paying Agont/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (i) durinn the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or Interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date, (b) O_ wnorsh~pn a. The entity in whose name any Bond shall be registered in the Registration BookA. at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether er- not such Bond shall be overdue, and the Issuer and the Paying Agent/Regisirar shall not be affected by any notice to the contrary; and payment of, or on accounl of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner, All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid. (c) PA,yment of Bonds and Int re s . The Issuer hereby fbrther appoint') the Paying Agent/Registrar to act as the paying agent for paying the principal of and Interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record bate") will be established by the Paying Agent/Registrar, if and when funds for the payment of such Interest have been received from the Issuer. Notice of tine Special Record Date and ortho scheduled payment date of the past due Interest ("Special Payment Date", which shall be Moon (15) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Bond appearing on the registration books of the Paying Agent/Registral• at the close of business on the 1 Sth business day next preceding the date of mailing of such notice. (d) Conversion-and x h n or Replacemen ; Authentication. Bach Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or 9 i t i Aoiim)a ND. Affanda itsn ,.4 OElle~~7 - representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted Into and exchanged for fully registered bonds, without interest coupons, in the form proscribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, In the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, In an aggregatu principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be, If the Initial Bond is assigned and transferred or converted each substitute Bond issued In exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable In Installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bcnd shall bear Interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unrodeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued In exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it Is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish It from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by arty provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the, interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full, THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a bond, in the form substantially as follows: i "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond tins been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was 10 Allsi+da No,_,9 a Agenda horn. halo."' • ' ~ _ approved by tho Attorney General of the State of Texas and registered by the Comptroller of `u-6'li'4" ^ Accounts of the State of Texas, TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, T13XAS Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Reglslrar shall, before the delivery of any such Bond, date and manually sign the above Bond, and no such Bond shall be deemed to be Issued or out- standing unless such Bond is so executed. The Paying Agent/Registrar promptly shall cancel all Bonds surrendered for conversion and exchange or replacement. No additional ordinances, orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Bonds In the manner prescribed herein, and said Bonds Phall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex, Civ. St. Art, 717k•6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid Is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, Incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of converslon and exchange, The Paying Agent/Registrar shalt not be required to make any such conversion and exchange or replacement ot'Bonds or any portion thereof (1) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (e) Ill `en r . All Bonds issued In conversion and exchange or replacement of any other Bond or portion thereof, (I) shall be issued in My registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may be redeemed prior to their scheduled maturities, (Iii) may be transferred and assigned, (iv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and seated, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, In the FORM OF SUBSTITUTE BW7) set forth in this Ordinance. I1 11 `r 1 f` Agenda No, • ' Agenda Item ~ PF~YI nI Off End Charce,~, The Issuer hereby covenants with'ATQt.l~d- of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Regisirar for Its services with respect to the payment of the principal of and Interest on the Bonds, when due, and (11) pay the fees and charges of the Paying Agent/ Reglstrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided In this Ordinance, (g) Substitute pgyjpg~gent/ite fg s_ tray, The Issuer covenants with the registered owners of the Bonds that at all times while the bonds are outstanding the Issuer will provide a competent and legally qualified bank, trust company, tlnanciai Institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying Agent/Registrar will be one entity, The Issuer reserves the right to, and may, at Its option, change tho Paying Agent/Regfstrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Regisirar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly It will appoint a competent and legally qualified bank, trust company, financial Institution, or other agency to act as Paying Agent/Regfstrar under this Ordinance, Upon any change In the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereol), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the Issuer, Upon any change In the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Regfsirar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Regfs- trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7, FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrar's Bond to be printed on each of such Bonds, and the Form. of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or Insertions as are permitted or required by this Ordinance, 12 Agenda No. FORM AOonda It TL OF S f3CT1T~ Dte~ (Book-Entry Only Legend, If appropriate) NO, UNITED STATES OF AMERICA STATE OF TEXAS PRINCIPAL AMOUNT $ COUNTY OF DENTON CITY OF DENTON GENERAL OBLIGATION BOND SERIES 1996 -II T MATI TY DA Z ORIGINAL DATE -QUE- U P MAY I, 1996 _ ON THE MATURITY DATE speciAed above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivl:ion of the State of Texas, hereby promises to pay to assignee hereof (either being hereinafter called the "registered owner") the princip~r to al he regal red amount and to pay Interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from May 1, 1996, to the maturity date speelfled above, or the dale of redemption prior to maturity, at the interest rate per annum specified above; with Interest being payable on February 15, 1997, and semiannually on each August 15 and February 15 thereafter, except that If the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication Is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest ftom such next following interest payment date. i THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust oA9ce of TEXAS COMMERCE BANK NATIONi,L ASSOCIATION, DALLAS, TEXAS, which is tho "Paying AgendRegistrar" for this Bond. The payment of interest on this Bond shall be made by the Paying Agem/Registrer• to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the haying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mall, first-class postage prepaid, on each such interest payment date, in the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by 13 AgOnda No. .1 , : AgFnda Itom_) _ dale A any other method acceptable to the Paying Agont/Registrar and requosted by, and at the risk and expense of, the registered owner hereof, Any accrued interest duo upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust of leo of the Paying Agent/Registrar upon presentation and surrender of this Bond for redomp- lion and payment at the principal corporate bust oftico of the Paying Agent/Registrar, The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and acomed interest payment date for this Bond it will make available to the Paying Agent/ Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide fbr the payment, in immediately available fluids, of all principal of and Interest on the Bonds, when due, IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in [lie City where the Paying Agent/Registrar Is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which Is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date shall have the some force and effect as If made on the original date payment was due. THIS BOND is one of an Issue of Bonds initially dated May 1, 1996, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $2,515,000, FOR THE PURPOSE OF THE ACQUISITION OF PROPERTY AND MAKING IMPROVEMENTS FOR PUBLIC PURPOSES IN SAID CITY, TO-WIT: $1,500,000 FOR STREET AND TRAFFIC CONTROL IMPROVEMENTS; $715,000 FOR DRAINAGE IMPROVEMENT'S AND $300,000 FOR PARK IMPROVEMENTS. ON FEBRUARY IS, 2006, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if In part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion o£a Bond may be redeemed only in an Integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of Now York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (Including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Regisirar by United Stales mail, first-class postage prepaid, not less than 30 days prior to the date Axed for any such redemption, to the registered owner of each Bond to be redeemed at Its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mall, or receive such notice, or any defect [herein or In the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for llte redemption of any Bond, and It Is hereby specifleafly provided that thu publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof, By the date fixed for any such redemption due provision shall be made wi[h the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or 14 • I,l A~tllnlp NV. ~ ~ ~ Aponl~llom portions thereof which are to be so redeemed, plus accrued Interest thureon to the date fixed for redemption. If such written notice of redemption is published and If duo provision for such payment Is made, all as provided above, the Bondi; or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear Interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to recelve the redemption prlco plus accrued Interest fYom the Paying Agent/ Registrar out of the hinds provided for such paymem, If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity data, bearing Interest at the sarne rate, In any denoWnation or denominations in any integral multiple of $5,000, at the written request of the registered owner, and In aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided In the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEC&AL NVILTIPLE OF $5,000 may be assigned and shall be transferred only In the Registration Books of the Issuer kept by the Paying Agent/Registrar acting In the capacity of registrar for the Bonds, upon the terms and conditions set forth In the Bond Ordinance, Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper Instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying AgenVRegistrar, evidencing assignment of this Bond or any portion or portions hereof in any Integral multiple of $5,000 to the assignee or assignees In whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof, A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner In the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Regisirar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto, The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof(!) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (Ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date, The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, Including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary, I ALL BONDS OF THIS SERIES are issuable solely as fully registered bonds, without interest coupons, In the denomination of any integral multiple of $5,000, As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the some maturity date, and bearing Interest 15 i Awda Itpm.)~ ' _ halo ~ at the same rate, in any denomination or denontinations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form slid procedures set forth in the Bond Ordinance, The Issuer shall pay the Paying Agent/ Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the ono requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Reglstrar shall not be required to make any suoh conversion and exchange (1) during the perlod commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or Interest payment date, or, (ii) with respect to any Bond or portion thereof calleo for redemption prior to maturity, within 45 days prior to Its redemption date, IN THE EVENT any Paying Agent/Registrar for the Bonds Is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualifled substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds, IT IS HEREBY certlfled, recited, and covenanted that this Bond has been duly and validly voted, authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, Issuance, and delivery of this Bond have been performed, existed, and been done In accordance with law; that this Bond is a general obligation of the Issuer, Issued on the full faith and credit thereof, and that annual ad valorem taxes sufflclent to provide for the payment of the interest on and principal of this Bond, as such Interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit pre- scribed by law, BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance Is duly recorded and available for Inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terns and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly Impressed, or placed in facsimile, on this Bond, City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) 16 r A;t9ntla I fm FORM OF PAYING AGENT/REGISTR '~S AUTEFiNTICAI'lON"' "XA 44 PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE (To be executed If this Bond Is not accompanied by an executed Registration Certlflcate of the Comptroller of Public Accounts of the State of Texas) It Is hereby certlfled that this Bond has been Issued under the provisions of the Bond Ordinance described In this Bond; and that this Bond has been Issued In conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an Issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller ofPubllc Accounts of the State of Texas, TEXAS COIvSMERCH BANK NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) 17 t; Apondn No, G ~~I w AQanda Uum FORM OP ASSIQNMIINT: Uale :.Y} : +L sfi ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, Including zip code) Identification Number) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registrar's Registration Books vAth till power of substitution in the premises. Dated: Signature Guaranteed: Registered Owner NOTICB; Signature(s) must be guaranteed by an eligible guarantor NOTICB: This signature must correspond Institution partlcipating in a with the name of the Registered Owner securities transfer association appearing on the face of this Certificate in recognized signature guarantee every particular without alteration or program, enlargement or any change whatsoever. Section 8. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking Fund") is hereby created solely for the benefit of the Bonds, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer, The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the Interest on and principal of the Bonds. All ad valorem taxes levied and collected for and on account of the Bonds shall be deposited, as collected, to the credit of the Interest and Sinking Fund, During each year while any of the Bonds or Interest thereon are outstanding and unpaid, the governing body of the Issuer shall compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Bonds as such interest becomes glue, and to provide and maintain a sinking fund adequate to pay the principal of its Bonds as such principal matures (but never less than 2% of the original principal amount of the Bonds as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with fill allowance being made for tax delinquencies and the cost of tax collection. Said rate and amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Bonds or Interest 18 J:. r Agenda ftorn-4'_ thereon are outstanding and unpaid; and said tax shall be assessed and collocted each such year and deposited to the credit of the aforesaid Interest and Sinking Fund, Sold ad valorem taxes sut3ielent to provide for the payment of the Interest on and principal of the Bonds, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 10. DEFEASANCE OF BONDS. (a) Any Bond and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Bond") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section 10, when payment of the principal of such Bond, plus Interest thereon to the due date (whether such duo date be by reason of maturity, upon redemption, or otherwise) either (1) shall have been made or caused to be made in accordance with the terms thereof (Including the giving of any required notice of redemption), or (11) shall have been provided for on or before such due date by irrevocably depositing with or making available to the Paying Agent/Registrar for such payment (t) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and Interest In such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of Its services until all Defeased Bonds shall have becomo due and payable. At such time as a Bond shall be deemed to be a Defeased Bond hereunder, as aforesaid, such Bond and the interest thereon shall no longer be secured by, payable ifom, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely from such money or Government Obligations, (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing In the amounts and tunas as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Bonds and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as Its State and Local Government Series, which may be in book entry form: (d) Until all Defeased Bonds shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Bonds the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for Such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bopd, In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Regis+rar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. 19 i Agenda Jllel~- (b) c~ - . I ~Application for Renlacemen Bonds. Application for replacrS~ttia ag utilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall famish to the Issuer and to the Paying Agent/Registrar such security or indemnity as mny be required by them to save each of them harmless from any loss or damage with respect thereto, Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall Rtmish to the Issuer and the Paying Agent/Reglstrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation ofa Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellatlon the Bond so damaged or mutilated. (o) No DofayhQ~4tt Notwithstanding the foregoing provisions ofthis Section, in the event of any such Bond shall have matured, and no default has occurred which Is then continuing in the payment of the principal of, redemption premium, if any, or Interest on the Bond, the Issuer may authorize the payment of the same (without surrender therWexcept in the case of a damaged or mutilated Bond) Instead of Issuing a replacement Bond, provided security or Indemnity Is furnished as above provided in this Section. (d) ltiherge for Issulntr eVIace ent Bonds. Prior to the issuance of any replacement bond; tiro Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacroent bond Issued pursuant to the provisions of this Scctlon by virtue of the fact that any Bond Is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the beneflis of this Ordinance equally and proportionately with any and all other Bonds duly Issued under this Ordinance. (e) Authority for Issuing Replacement Bonds, In Pecordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement bond without necessity of thrther action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued ;.t conversion and exchange for other Bonds. Section 12. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from taking any activ;i which would adversely affect, and to take any action required to ensure, the treatment of the f3oi.J, as obligations described ii section 103 of the Internal Revenue Code of 1986, as amended (the "Code"), the inierest on which is not includable ill the "gross income" of the holder for purposes of federal income taxation, in fLrtherance thereof, the Issuer covenants as follows; (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, If any) are used for any "private business use", as def ned in section 141(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not reeelved by the Issuer, with respect to surit private business use, do not, under the terms of this Ordinance or any underlying arrangement, 20 i~ n 7 ADoodo No., G [ . _ AOonda Itents 77-- gate_,~.~ directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that In the event that the "private business use,, described In subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (loss amounts deposited into a reserve ibnd, If any) theft 1ho amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within tite meaning of section 141(b)(3) of the Code, to the governmental use; (c) to We any action to assure that no amount which Is greater than the lesser of $5,000,000, or 5 percent of thn proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contraventlon of section 141(o) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to regain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from asing any portion of the proceeds of the Bonds, directly or Indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148th)(2) of the Code) which produces a materially higher yield over the terra of the Bonds, other than Investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are Issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.103.13(b) of the Treasury Regulations, and (3) amounts deposited In any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the Issue price) of the Certificates; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(8) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pa;- to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(1) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, I 21 11 1! Agenda Na, L..1... Agonda~ltam,d .1 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. For purposes of the foregoing (a) slid (b), the Issuer understands that the term "proceeds" Includes "disposition proceeds" as defined In the'I'ressury Regulations and, in the case of rebinding bonds, transferred proceeds (if any) and proceeds of the reftmded bonds expended prior to the date of Issuance of the, Bonds, It is the understanding of the fssuor that the covenants contained herein are Intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thbreto. In the event that regulations or rulings arc hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will riot be required to comply with any covenant contained herein to the extent that such modification or expansion, in the opinion of natlonaliyrecognized bond counsel, will not advetsely affect the exemption from federal Income taxation of Interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationaiiyrecognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In furtherance of such intention, tho Issuer hereby authorizes and directs the Mayor of the Issuer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Bonds. In order to fhcilltate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit ofthe United States of America, and such fund shall not be subject to the claim of any other penron, Including without limitation, the owners of the Certiflcates. The Rebate Fund is established for the additional pumose of compliance with Section 148 of the Code. Section 13. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCF The Mayor of the Issuer is hereby authorized to have control of the Initial Bond Issued hereunder and all necessary records and proceedings pertaining to the Initial Bond pending its delivery and Its Investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of public Accounts of the State of Texas. Upon registration of the. Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for stld Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Bond, and the seal of said Cotptroller shall be inipressed, or placed in fhedrollo, on the Initial Bond. Tho approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Bonds, The preamble, to this Ordinance is hereby adopted and made apart hereof for all purposes If insurance is obtained on any of the Bonds, the Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. 22 4 i i Apentla Nu.- 2 Agenda LSem l Dto~ 1~ Section 14. SALE OF INITIAL BOND, The Initial Bond ~s lieoby"riils d d TAII'be M delivered to , for cash for the par value thereof and scented Interest thereon to date of delivery, plus a premium of , It is hereby officially found, detennhted, And declared that the Initial Bond has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale arid Bidding instructions and Official Statement dated _ 1996, prepared and distributed in connection with the sale of the Initial Bond. Said Official Notice of Sale and Bidding Inslructlons and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use In the offer and sale of the Bonds is hereby approved. It is further offlolally found, determined, and declared that the statements and ropresentAtions contained In said Oftlclal Notice of Sale And Official Statement are true and correct In all material respects, to the best knowledge and belief of the City Council, Section 15. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the We of the Initial Bond shall be used along with other bond proceeds for the acquisition and construction of the improvements for which the Bonds are issued; provided that after completion of such improvements, If any of such interest earnings remain on hand, such interest earnings shall be deposited In the Interest and Sinking Fund. It is further provided, however, that any interest earnings on band proceeds which are required to be rebated to the United States of America pursuant to Section 12 hereof in order to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 16. DTC REGISTRATION. The Bonds initially shall be Issued and delivered In such mamier that no physical distribution of the Bonds will be made to the public, and the Depository Trust Company ("DM"), Now York, New York, Initially will act as depository for the Bonds. DTC has ropresented that it is a limited purpose trust company Incorporated tinder the laws of the State of New Yo0c, a member of the Federal Reserve System, a "blearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but In no way verifies, such representations, The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause The Paying Agent/Registrar, as provided for in Ihls Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. TI is expected that DTC AU hold the Bonds on behalfof the Purchaser and/or The DTC Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof (the "DTC Participants"), So long as each Bond is registered in the name of CEDE & CO., the Paying Agent/Registrsr shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof, It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on The records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be Immobilized and not be farther exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be, responsible for paying any fees or charges with respect to its services, will not be responsible or liable for 23 nYSnea Nu,.w~~~ rnalntalnfng, supervising, or reviewing the records of DTC or the DTC Participants, or protecting tiny interests or rights of the benefioial owners of the Bonds, It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book entry system, the beneficial ownership of the Bonds, and the method of paying the ties and charges of DT(,, The Issuer does not represent, nor does It In any way covenant that the initial book-entry system established with DTC will be maintained In the future, The Issuer reserves the right and option at any time in the future, In its solo discretion, to terminate fire DTC (CEDE & CO.) book-entry only regis- tration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises Its right and option to terminate such requiroment, it shall give written notice of such termination to the Paying Agent/ Registrar and to DTC, and thereafter the Paying Agont/Registrar shall, upon presentation and proper request, register any Bond in any name as provided far in tills Ordinance, Nolwlthstanding the initial estnbilshment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds Is duly flied with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for In this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 17. COMPLIANCE WITH RULE M2.12. (a) Qr rgLB9ports• (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each Fiscal year ending in or after 1996, financial Informallon and operating data with rospect to the Issuer of the general type included In the final Mitt] Statement authorized by Section 14 of This Ordinance, being the Information described In J1xhj jLA hereto, which Exhibit is attached to and Incorporated In this Ordinance as if written word for word herein Any financial statements so to be provided shall be (1) prepared In accordance with the accounting principles described in Exhibit _A hereto, or such other accounting principles as the Issuer may be required to employ Thom time to time pursuant to state law or regulation, and (2) audited, If the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial I statements by the requires time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its Fiscal year, it will notify each NRMSIR and any SID of the change (arid of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full In one or more documents or may be included by specific reference to any document (including an oflleial statement or other offering document, if it Is available from the MSRB) that theretofore has been provided to each NR'MSIR and nny SID or filed with the SEC. (b) Material Event Notices The Issuer shall nod( any SID and either each NRMSIR or the MSRB, in a timely manner, or any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities Inws; I. Principal and interest payment delinquencies; 24 `r A~uilda NV J-~U-7 Apondaaom 2. Non -payment related dethults; tJato~~- 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10, Release, substitution, or sale of property securing repayment of the Bonds; and 11, Rating changes. The Issuer shall notlfj any SID and either each NRMSIR or the MSRB, In a timely manner, of any failure by the Issuer to provide financial Information or operating data In accordance with subsection (a) of this Section by the time required by such subsection (c) Limitations. Disclaimers. akAmendmals. (1) The rssuor shall be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer In any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (11) The provisions of this Section are for the sole benefit of the registered owners and beneffolat owners of the Bonds, and nothing in this Section, express or Implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section slid does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Isstrar's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. 'rile Issuer does not make any representation or warranty concerning such information or Its usetbhiess to a decision to invest in or sell Bonds at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BONI) OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WI TOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WIT'HOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND 25 r ..,t1 Agenda Ilom.~{ Onto Lj REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (lv) No default by the Issuer in observing or performing its obligatlons under this Section shall comprise a breach of or dofhult under the Ordinance for purposes of any other provision of this Ordinance, Nothing in this Section Is Intended or shall act to disolalm, walve, or otherwise limit the duties of the Issuer under federal and state securities laws, (v) The provisions of this Section may be amended by the Issuer f}om time to time to adapt to changed circumstances that arise from a change in legal requirements, a change In law, or a change In the identity, nature, status, or type of operations of the Issuer, but only if (I) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds In the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in Aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognised bond counsel) determined that such amendment will not materially impair the intere s t of the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall Include with any amended flnancial information or operating data next provided in accerdanco with subsection (a) of this Section An explanation, in narrative form, of the reason for the amendment and of the Impact of any change in the type of financial Information or operating data so provided, The Issuer may also amend or repeal the provisions of this continuing dlsch;_ en agreement if the SEC amends or repeals the applicable provision of the Rule or a court of flnal Jurisdiction onters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent nn underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds, (d) eflnitfo As used in this Section, the following terms have the meanings ascribed to such terms below, "MSRB" means the Municipal Securities Rulemaking Board. "NRIYISIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository withlr, the meaning of the Rule from time w time. "Rule" means SEC Rule 15c2-12, as amended from time to time, "SEC" means the United Slatms Securities and Exchange Commission. "SID" mer,ns any person designated by the State is or an Authorized department, officer, or agency thereof as, and determined by the ,I. staff to be, a state information depository within the meaning of the Rule from time it) tiiri I 26 {f Ir A0000 No, Aoenda Item/ Dale + t Swoon 18, FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such acts and things and to execute, acknowledge, and deliver In the name and under the corporate seal and on behalf of the Issuer all such Instruments, whether or not herein mentioned, as may be necessary or desirable In order to carry out the terms and provisions of this Bond Ordi- nance, the Bonds, the sale of the Bonds, and the Notice of Sale and Official Statement; and the Director of Finarm of the City shall cause the expenses of Issuance of the Bonds to be paid from the proceeds of sale of the Initial Bond or from any other lawfully available funds of the Issuer, In case any officer whose signature shall appear on any Bond shall cease to be such officer before the delivery of such Bond, such signature shall nevertheless be valid and sufficient for all purposos the same as if such officer had remained in office until such delivery. Section 19, OPEN MEETINGS, The City Council has found and determined that the meeting at Witch this Ordinance Is considered Is open to the public and that notice thereof was given In accordance with the provisions of the Texas Open Meetings, Law, Tex. Oov't Code, Chapter 551, as amended. Section 20. EFFPCTIVE DATE, This Ordinance shall become effective Immediately upon its passage and approval, PASSED AND APPROVED this the day of 1996 Mayor ATTEST: Jennifer Walters, City Secretary By:_..______.._-- APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attorney By:. _ 27 y Aosnda No, Adeada Ilejj~ DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 17 of this Ordinance; Annual Financial Statements and Operating Data The financial Information and operating data with respect to the Issuer to be provided annually In accordance with such Section are as speolfied (and included in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 14, inclusive, under the captions "Tax Information", "Debi Service Requirements" and "Financial Information" in the O84olal Statement, Appendix B in the 081c1al Statement. Accounting Principles The accounting principles referred to In such Section are the accounting principles described in the notes to the kancial statements referred to in the paragraph above. , r.11 Agenda MO,..,..,i. a -n Agenda Item gale 01TV of DINTON, TEXAS MUNICIPAL BUILDINO.216 E. WKINNEY • DENTON, TEXAS 76201 (817) 666.8200 • DF'W METNO 4342629 MEMORANDUM DATE; April 17, 1996 1'0, Rick Svelnla, Acthng City Manager FROM: Harlan Jefferson, Director )fiscal Operations SUBJECT CERTIFICATES OF OELIOATION, SERIES 19 6 On May 7, 1996, David Medanlch from First Southwest Company and L.H. (Ted) Brizzolara, 111, from McCall, Parkhurst and Horton will open the bids we receive regarding the Clly of Denton's Certificates of Obligailon, Series 1996. The process of opening sealed blds publicly and tabulating them before the City Councll Is required by the City Charter. 'i'he Certificates will provide funds of $5,190,000 for projects previously approved lit the 1996-2000 Capital Improvement program (CIP). Vie general purpose of the funds Is for the development of the new landfill along with associated projects ($5,000,000), and renovations to the Municipal Building (Le., $190,000 for city }tail), The specific listing of projects to be funded is as follows: PAOJVOT _ AMOUNT Landfill 8xponslon 0 3,2.E ,000 Landfill Property Purchase (Sullivan) 1,069,000 Landllll Properly Purchase (Othor) 500000 Communloatlons Tower 200,000 Phase 11 of City Hall Renovation 190,000 Total 0 511901000 i "I)rrllrnlcrl 10 Qen!!ry Srrn-lcr t. 7 o '~l i' Agenda No,--74}--~J~'l. Memo to Rick Svehla Agenda IIem.SjCZ. April 17, 1996 t 11,180 2 Date. _ 1- Attached Is a coy of tho appropriate ordhranco authoriziq Ilro Issuanco, salo, and delivery of the Cily of Denton Cord catas of Obligatlon, Series 1996. If you have any questions, or need more specific information, please adviso, 1 IU;hs Machmew Arroiiss ~i I 5 1 u Auiimlo No,. Aponrla ORDINANCE NO. 96- UnIa ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON CERTIFICATES OF OBLIGATION, SERIES 1996, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING TIJE+RETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the Certiflcate of Obligation Act of 1971, as amended and codified (the "Act") permits the City to Issue and sell for cash the Certificates of Obligation hereinafter authorized; and WHEREAS, the City has duly caused notice of its intention to issue the Certificates of Obligation herelnafler authorized to be published at the times and In the manner required by the Act and no petition has been filed protesting the issuance thereof, NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE CERTIFICATES. The certiflcate or certificates of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $5,190,000, for the. purpose of paying all or a portit n of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: certain real property for use In connection with the City's (a) renovations to the Municipal Building (City Ball) and (b) Landflil Operations located on Edwards Road and certain facilities and equipment related to the City's Landfill Operations; and also for the purpose of paying all or a portion of the City's Contractual Obligations for professional services of Engineering, Attorneys, and Financial Advisors in connection with the above contracts and said Certiflcates of Obligation, Section 2, DESIGNATION OF THE CERTIFICATES. Each certificate issued pursuant to this Ordinance shall be designated; "CITY OF DENTON CERTIFICATE OF OBLIGATION, SERIES 199601, and initially there shall be issued, sold, and delivered hereunder a single fully registered certificate, without interest coupons, payable in installments of principal (the "Initial Certificate"), but the Initial Certiflcate may be assigned and transferred and/or converted into and exchanged for a like aggregate principal -mount of filly registered certificates, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The terns "Certificates" as used in this Ordinance shall mean and include collectively the Initial Certificate and all substitute certificates ex- changed therefor, as well as all other substitute certificates and replacement certificates issued pursuant hereto, and the term "Certificates" shall mean any of the Certificates. t s; Agenda No, Agoada jtem b Section 3, INITIAL DATE, DENOMINATION, NUM}3f?It MA7"tttfES; REGISTERED OWNER, AND CHARACTHIUST1CS OF THE INITIAL CERTIFICATE. (a) The Initial Cortiicato is hereby authorized to be Issued, sold, and delivered hereunder as a single fatly registered Certificato, without Interest coupons, dated May 1, 1996, in the denomination and aggregate principal amount of $5,190,000, numbered R-I, payable it annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Certificate or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Certificate to be payable on tha dates, respectively, and in (Ito pdricipal amounts, respectively, stated in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance, (b) Thn Initial Certificate (1) may be assigned and transferred, (11) may be converted and oxchanged for other Certificates, (Iii) shall have the characteristics, and (IV) shall be signed and sealed, and the principal of and Interest on the Initial Cerdficato shall be payable, all as provided, and in the manner required or indicated, in the FORM OF INITIAL CERTIFICATE set forth in this Ordinance. Section 4, INTEREST. The unpaid principal balance of the Initial Certificate shall bear Interest from the date of the Initial CertiScate to the respective scheduled due dates of the Installments ofprincipal of the Initial Certificate, and srdd interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORM OF INITIAL CERTIFICATE set forth In this Ordinance. Section 5. FORM OF IMTIAL CERTIFICATE. The form of tho 10ial Cerlificate, Including the form of Registration Certificate of the Comptroller of Publio Accounts of the Slate of Texas to be endorsed on the Initial Certificate, shall be substantially as follows: 2 c k ti a Agenda Mo. Dale^ City of Denton city council minutes February 6, 1996 Page 8 layout of the property, a drive was needed to make the property work. Rick Svehla, Acting City Manager, stated that the proposal had been before the Traffic Safety Commission which allowed two driveways. Through the work of Mr. Galbreath and staff, it was possible to reduce the number of driveways to one. Council Member Young asked if the developer had talked with the neighbors in the area. Galbreath stated that the neighbors had been contacted and he felt that the immediate neighbors were indifferent to the proposal. Council Member Krueger left the meeting. Council Member Cott asked about the drainage. Galbreath stated that there would be storm drain inlets for the drainage. Mayor Castleberry indicated that there were signal lights in the intersection and the curb cut should not be a problem in that area. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-023 AN ORDIN:.NCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM OFFICE (0) AND PLANNED DEVELOPMENT (PD-57) ZONI;TG DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO A NEW PLANNEU DEVELOPMENT (PD) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR A 1.059 ACRE TRACT LOCATED IN THE NORTHEAST CORNER OF THE INTERSECTION OF CARROLL BOULEVARD AND FORT WORTH DRIVE; APPROVING A DEVELOPMENT PLAN FOR THE DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATA:. Cott motioned, Brock seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council held a public hearing and considered adoption of an c,`dinance providing for a change from the Single Family Residential (SF-10) zoning district classification and use designation to the office Conditioned (0(c)) zoning district W F k, Agenda No. v City of Denton City Council Minutes Agenda ii^m.~ February 6, 1996 Date Page 9 classification and use designation for 0.7656 acres of land located at 1100 Bonnie Brae Street. (The Planning and Zoning Commission recommended approval 5-0.) Frank Robbins, Director for Planning and Development, stated that t be no his would allow for the adaptive reuse of a building. There would on of the facilities ns The church buildin be onverted eansion into a of the parking One issue dealt with the potential of the site to increaseldrainage problems in the area. This proposal would not cause such a problem as there would be no additional impervious surface. The Mayor opened the public hearinr. George Rawley stated that be lived northeast of the church property. There was a misstatement that the proposal would not cause a drainage problem as he already had a drainage problem with the ropertydrainage had flowedb is h hearing when the church seas bult. The property every since the church was built. The solution to was to require the drainage vent on the east side of the property be closed. Vent the drainage on the north and put a drainage ditch along the back of the property running towards Bonnie Brae and not towards his home. His second concern dealt with the list of allowed uses. The Planning and Zoning commission deleted a number of uses on the prohibited use list. If the drainage could be corrected, he would not object to the proposal. Council Member Cott stated that the current building was causing drainage problems. Rawley stated that he had tried many times to get the situation corrected. Council Member Cott stated that staff had indicated that there would be no allowed uses other than what was on the list. This would prohibit the owner from selling the property. Robbins stated that there were other uses allowed other than office in this district. Council Member Miller stated that the use of the building and the change did not have anything oidoeweth the drainage. Neither the size of the building nor the parking lot could be increased. Robbins replied correct. v 4 F F Agenda No. City of Denton City Council Minutes Agenda item February 6, 1996 Date Page 10 _ Mayor Pro Tem Biles stated that he had talked with some of the neighbors about the drainage problem. As indicated, the only thing which was changed was the zoning for the uses of the property and was not increasing the size of the parking lot and no increase in the size of the building. The drainage problem would not be made worse with this proposal. As the property on Bonnie Brae was developed, it would be the time to correct the problem. Rawley asked about the change in the list of prohibited uses. Robbins stated that the uses were added in addition to the uses requested by the applicant. Council Member Young questioned whether there was money in the CIP reserve fund to help with the problem in the area. City Attorney Prouty stated that in the Planning and Zoning Commission, there was a list of prohibited uses which was all encompassing except for this one use. Then one Conmission Member decided that some of the uses which were prohibited should be added back in as they were not inconsistent with the surrounding uses. John Kozura stated that he had met all of the requirements placed on him. He would answer questions of Council. Council Member Brock asked if Kozura had requester: to remove certain uses from the list of prohibited uses. Kozura stated that originally he had wanted to put a medical facility in the existing building without changing the outside of i the building or the parking lot. One of the members of the Planning and Zoning commission brought up the point of other permitted uses in the event Kozura wanted to sell the building in the future. At that point, more permitted uses were added. Council Member Miller asked if Kozura would object to removing "experimental lab" from the list of permitted uses. Kozura replied that he would not object to removing it from the list. The Mayor closed the public hearing. The following ordinance was considered: I I x i Agenda Ift 96 City of Denton City Council Minutes Daenda Item February 6, 1996 Date Page 11 N0. 96-024 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING IOR A CHANGE FROM THE SINGLE FAMILY RESIDENTIAL DISTRICT CLASSIFICATION AND USE DESIGNATION TO -THE OFFICE CONDITIONED (O(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.7656 ACRES OF LAND LOCATED AT 1100 BONNIE BR.hE STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the zoning as presented by the Planning and Zoning Commission. Brock motioned, Miller seconded to amend the motion to add scientific and research laboratories to the list of prohibited uses. Mayor Pro Tem Biles expressed a concern regarding the proposed amendment. A physician by practice, would bs engaging in some type of testing. There seemed to be a concern about the definition of scientific laboratories. Council Member Miller stated that a scientific laboratory was not the same as a physician who had incidental testing in his office. Robbins replied that was correct. On roll vote of the amendment Miller "aye's, Young "nay", Cott "aye'k, Brick "aya", Biles "nay", and Mayor Castleberry "nay", Motion failed with a tie vote. On roll vote of the original motion to approve the zoning request as recommended by the Planning an~i Zoning Commission, Miller "aye", Young "aye","dye". Cott "nay", Brock "aye", Biles "aye", and Mayor Castleberry Motion carried with a 5-1 vote. D. The Council held a public hearing and considered adoption of an ordinance amending Section 34-114 of the Code of Ordinances of the City of Denton, Texas to reduce the level of escrow required of developers of residential subdivisions for sidewalk construction. (The Planning and Zoning Commissi.)n recommended approval 4-1.) Rick Svehla, Acting City Manager, stated that the Planning and currentCr gulationsa required nand escrow approval ofo 110$£ of r the s cost The of k r Agenda No.~ Agenda item City of Denton City Council Minutes Data 'S' ~j (2_ February 6, 1996 Page 12 sidewalk construction. The change would reduce the amount to 15$. Council Member Cott left the meeting. Mayor Castleberry opened the public hearing. Ed Bright stated that the current ordinance was a burden to independent developers. The cost of installing the sidewalks was very expensive in addition to the large amount of escrow money which was required. It was a losing proposition for him to have to escrow the funds for the sidewalks. Mayor Pro Tem Biles left the meeting. Bright continued that he and other developers had called area cities regarding the construction of sidewalks. Many cities passed the responsibility for sidewalks on to the home buyer. Council Member Cott returned to the meeting. Bright suggested approving the ordinance under consideration. Another alternative would be to postpone construction of the sidewalks until the driveway was built. Mayor Pro Tem Biles returned to the meeting. Brian Burke stated that this was an opportunity for a positive step for developers. A number of years ago there was no option for sidewalk escrows. This proposal would be an additional step in the right direction and he urged Council to approve the ordinance. Fred Gossett stated that as a builder and developer, he favored providing sidewalks and was in no way suggesting the elimination of sidewalks. He was concerned about the present way the developers had to finance the building of the sidewalks. Hn encouraged Council to adopt the ordinance. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-025 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 34- 114 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS TO REDUCE THE LEVEL OF ESCROW REQUIRED OF DEVELOPERS OF RESIDENTIAL SUBDIVISIONS FOR SIDEWALK CONSTRUCTION; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. i City of Denton City Council Minutes AOBnda kp,~_~-- a, February 6, 1996 A064da Item Page 13 Dale Biles motioned, Young seconded to adopt the ordinance. Council Member Miller asked if existing escrow accounts would be released. City Attorney Prouty stated that usually ordinances did not apply retroactively. Biles changed his motion to direct that the ordinance incorporate provisions so that present escrow accounts would be modified to arrive at the new level of 15%. Young agreed to the change. On roll vote, Miller "aye", Young "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Council Member Young left the meeting. Mayor Castleberry asked that Bid 11851 be pulled for separate consideration. on roll vote consideration of the Consent Agenda with the exception of Bid 11851, Miller "ayelf, Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Miller motioned, Brock seconded to approve Bid 01851. On roll vote, Miller "aye", Cott "aye", Brock "aye", Biles "aye", and Mayor Castleberry "nay". Motion carried with a 4-1 vote. A. Bids and Purchase Orders: 1. Bid 11843 - Aerial Device Bucket Trucks & Utility Power Source Truck 2. Bid 11850 - Books for Public Libraries 3. Bid 11851 - Plumbing Repair at Central Fire Station 4. Bid x1846 - Renovations and Repairs to Fred Moore Nursery School - Phase II 5. P. 0. 162929 - Howard Price Turf Equipment 6. Check Requisition - Texas Natural Resource Cc:servation Commission 7. Consent Agenda Ordinances The Council considered Consent Agenda Ordinances 7A. - 7D. Miller motioned, Billes seconded to adopt the ordinances. On roll vote, V Y ' t rf. Y F City of Denton City Council Minutes Agenda No. February 6, 1996 Agenda Item Page 14 Date S- 9 Miller "aye", Young "aye", Cott "aye", Brock "a e" Biles "aye". and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 96-026 ' AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF KATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid 01843, 7.A.2. - Bid 01850, 7.A.3. - Bid 0'1851) B. NO. 96-027 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. (7..x.4. - Bid 018460 7.A.5. - Bid 01857) C. NO. 96-028 AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BID BY THE STATE PURCHASING GENERAL SERVICE COMMISSION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.6. - P.O. 062929) D. NO. 96-029 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE FOURTH QUARTER PAYMENT BY THE CITY OF DENTON FOR SOLID WASTE PERMIT FEE WITH THE TEXAS NATURAL RESOURCE CONSERVATION COMMISSION; AND PROVIDING AN EFFECTIVE DATE. (7.A.7. - Texas Natural Resource Conservation Commissio:-) 8. Ordinances A. The Council considered adoption of an ordinance annexing a tract comprising 11.34 acres, located east of Mayhill Road and north of Blagg Road, temporarily classifying the annexed property as "A" Agricultural District. (First Reading, A-69) (The Planning and Zoning Commission recommended approval 6-0.) Harry Persuad, Senior Planner, stated that this annexation process was started late last year and was following the procedures as recommended by State law. Adoption of the ordinance would require six of seven Council votes, If adopted, the ordinance would be considered again on March 19th for the second and final reading. 9 K, . F s' t City of Denton City Council Minutes Agenda No. February 6, 1996 Agenda IIenY;2_ Page 15 Dale :S_ This proposed annexation was for 11.34 acres on Mayhill Road. There had been two public hearings on this annexation with no one speaking in opposition. Staff had developed a service plan for the extension of municipal services which was consistent with city ordinances and State liw. The area would be temporarily zoned agricultural. Council Member Cott asked what zoning control the City had in the extraterritorial jurisdiction without annexation. Persuad replied that the City did not have any zoning control outside the city limits. Council Member Cott asked why there was an extraterritorial jurisdiction. Persuad replied that the City had subdivision control in the extraterritorial jurisdiction. Council Member Cott asked if someone had spoken to Sally Beauty regarding the annexation. Persuad replied that staff had communication with the owner of the property. He had been informed of the details of the public hearing. Council Member Cott stated that 100% of the business on the property was Sally Beauty. He asked if there was any way to achieve zoning control on the type of road, size of road, etc. without annexation. Persuad stated that in the platting process there was consideration of roads and an agreement reached with the property owner with regards to the improvements to Mayhill Road. The City did not have zoning control outside the City limits. Council Member Krueger returned to the meeting. The following ordirarce was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 11.34 ACRES, LOCATED EAST OF MAYHILL ROAD AND NORTH OF BLAGG ROAD; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS r'An, AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND j DECLARING AN EFFECTIVE DATE. 4 u F Agenda No.~ City of Denton City Council Minutes Agenda lem~~,- February 6, 1996 Dale Page 16 Biles motioned, Brock seconded to adopt the ordinance. Council Member Krueger indicated that as he had not been present for the conversation he should abstain from voting. City Attorney Prouty asked if he had a conflict of interest. I Council Member Krueger replied no that he was not present during the disucssion of the item. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council considered adoption of an ordinance annexing a tract comprising 21.62 acres located ?n the Estates of Forrestridge Section II; temporarily classifying the annexed property as "A," Agricultural District. (First Reading, A-70) (The Planning and Zoning commission recommended approval 6-0.) Harry Persuad, Senior Planner, stated that this was another annexation process under the schedule previously adopted. Lodge Construction Company had requested the annexation of the property. This was the first reading of the annexation ordinance. The final plat would be considered by the Planning and Zoning commission on February 14th. The property •e-uld have temporary agricultural zoning until permanert zoning was designated. The following ordinance was considered: 1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 21.62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE SECTION II; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance annexing a tract comprising 34.78 acres located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport; temporarily classifying the annexed property as "A," Ap4nda No. -DI City of Denton city council minutes tiflenda tem,w February 6, 1996 Page 17 Dale Agricultural. (First Reading, A-71) (The Planning and Zoning Commission recommended approval 6-0.) Harry Persuad, Senior Planner, stated that this tract was owned by the City of Denton and was located within the clear zone of the Municipal Airport. The following ordinance was considered: AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT CO"RISING 34.78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock 10aye010 Biles "aye", and Mayor Castleberry I'aye". Motion carried unanimously. D. The Council considered adoption of an ordinance prescribing the number of positions in each classification of Police officer; prescribing the number of positions in each classification of Fire Fighter; repealing all prior inconsistent ordinances and resolutions to the extent of any such conflict. Tom Klinck, Director of Human Resources, stated that this ordinance would comply with Chapter 143 of the Local Government Code which governed the police officers and fire fighters employment matters. The Council had already authorized the funding for these positions in these various departments with the adoption of 1995-96 budget. The ordinance specified the number of positions in each classification. The following ordinance was considered: NO. 96-030 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF POLICE OFFICER; PRESCRIBING THE NUMBER OF POSITIONS IN EACH CLASSIFICATION OF FIRE FIGHTER; REPEALING ALL PRIOR INCONSISTENT ORDINANCES AND RESOLUTIONS TO THE EXTENT OF ANY SUCH CONFLICT; AND DECLARING AN EFFECTIVE DATE. 5 F 4 t Agenda Np, Agenda City of Denton City CounC41 Minutes Item fjl~l February 6, 1996 Date. ~i~ Page 18 Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye's, Young Ofaye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Captain who were also assigned to perform the duties of EMS Program Manager. Ross Chadwick, Fire Chief, stated there were two ordinances which would modify the assignment pay for two positions in the Fire Department. The following ordinance was considered: NO. 96-031 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF CAPTAIN WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF EMS PROGRAM MANAGER; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance authorizing assignment pay for Fire Department employees in the classification of Driver who are also assigned to perform the duties of Maintenance/Logistics officer. Chief Chadwick stated that this was the same type of ordinance as the prior ordinance Council had considered. The following ordinance was considered: NO. 96-032 AN ORDINANCE AUTHORIZING ASSIGNMENT PAY FOR FIRE DEPARTMENT EMPLOYEES IN THE CLASSIFICATION OF DRIVER WHO ARE ALSO ASSIGNED TO PERFORM THE DUTIES OF MAINTENANCE/ LOGISTICS OFFICER; AND PROVIDING AN EFFECTIVE DATE. V n F Ay.adr Nd. 9G City of Denton city council minutes AQends10 February 6, 1996 Oale Page 19 Krueger motioned, Biles seconded to adopt the ordinance. On roll voteMiller "aye", Young 'lay,-311, Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance repealing ' ordinance 76-18 relating to two hour parking limit in parking facilities adjacent to Municipal Building. Acting City Manager Svehla stated '.hat this was for the lot outside City Hall. With the change in the use of the building the parking would be available for the employees. The following ordinance was considered: NO. 96-033 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR THE REMOVAL OF THE TWO HOUR TIME LIMIT ON PARKING FOR THE EAST PARKING LOT AT CITY HALL WHICH IS ADJACENT TO OAKLAND STREET; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. Brock motioned, Cctc seconded to adopt the ordinance. On roll vote, Miller "aye", voting "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry stated that he had overlooked a motion and second for the Consent Agenda. He requested a motion for the Consent Agenda with the exception of Bid 11851. Cott motioned, Biles seconded to approve the Consent Agenda with the exception of Bid 11851. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "a e" and Mayor Castleberry "aye". Motion carried unanimously. y 9. Resolutions A. The Council considered approval of a resolution removing Lloyd V. Harrell from the Board of Directors of the Industrial Development Authority and reappointing Rick Svehla, Acting City Manager and Kathy DuBose, Executive Director of Finance for ter:ns of six years. Acting City Manager Svehla stated that the Board was comprised of three staff members. He would be appointed on an interim basis untie the new City Manager was hired. a c Agenda No. City of Denton City Council Minutes Agenda Item Febr .arl 6, 1996 Date'.S^ ~9 Page 20 The following resolution was considered: NO. R96-006 A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF THE INDUSTRIAL DEVELOPMENT AUTHORITY BOARD; AND PROVIDING "OR AN EFFECTIVE DATE. Krueger motioned, Brock seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye$', Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered approval of a resolution appointing a special six (6) member oversight committee to monitor, evaluate, and report on the progress of the five year Capital Improvements Program, subject to the authorization of the voters at the bond election on February 24, 1996. The following resolution was cc;,..4dered: NO. R96-007 A RESOLUTION APPOINTING A SPECIAL SIX (6) MEMBER OVERSIGHT COMMITTEE TO MONITOR, EVALUATE, AND REPORT ON THE PROGRESS OF THE FIVE YEAR CAPITAL IMPROVEMENTS PROGRAM, SUBJECT TO THE AUTHORIZATION OF THE VOTERS AT THE BOND ELECTION ON FEBRUARY 24, 1996; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Young seconded to approve the resolution. Council Member Cott stated that this group would be a group of six people who represented only the voters. They did not represent the staff or the user of the funds. It was easy to make decisions four years after because they were not in a conflict of interest. If it wasn't the people who were on the current committee, he would vote against the six representatives only because he felt the people had to represent only the voters of those bonds. Council Member Miller stated that he was the chair of the former committee and was against what Council Member Cott said. All during that time the City was able to spend the money in different ways, to save money and to get State funding for projects. The only way to do that was to work with staff. The Committee made r the and to the ecommendations to the Council based on a sense of allegiance to maintaineds that the bonds bwere being spent hf rCwhatt the voters r Age do No. 19 City of Denton City Council Minutes Agenda Item A February 6, 1996 Data ' Page 21 approved. Without staff, the Committee would have been inefficient. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion II carried unanimously. 10. The Council considered approval of the appointment of Deputy city secretaries. Acting City Manager Svehla stated that these appointments would streamline the applications for taxi cabs permits. Brock motioned, Krueger seconded to approve the appointments. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Vision Update Council Member Brock stated that at the last meeting, there was a decision to meet at regular intervals for updates on the Action Teams. She was pleased to note how many of the recommendations of Action Teams were already being implemented or were included in the CIP program. 12. Miscellaneous matters, from the city Manager. Acting City Manager Svehla did not have any items for Council. 13. There was no official action taken on Closed Meeting Items discussed during the Closed Session. 14. New Business The following items of New Business were suggested by council Members for future agendas. A. Council Member Cott asked about the issue of the driveway of Ken Ballard and also cars parking on driveways. B. Council Member Young requested an ord`*nance regarding the day laborers which would indicate that there be no parking or standing 1000 feet from the corner of Eagle Drive and Locust Street south. M L Agenda No. - d) City of Denton City Council MinutC3 Agenda Item February 6, 1996 Date Page o~-,_-- 22 C. Council Member Young had provided Council with a memorandum regarding a meeting with Barton Smith. He requested that it be placed on a Closed Meeting Session. City Attorney Prouty indicated that it could not be placed on a Closed Meeting Session but could be done in a work session. D• Council Member Miller asked about the appointments to the Diversity Task Force, process of making E. Council Member Miller asked for a review of the summer youth job program for the City of Denton. F. Council Member Krueger asked for a work session item regarding staff recommendations regarding the turn lanes on Teasley Lane at the Shell Station. G. Council Member Brock asked that the Council's Rules of Procedures be looked at to sharpen the language regarding limiting Citizen Reports for five minutes. 15. The Council did not meet in a continuation of the Closed Meeting. With no further business, the meeting was adjourned at 9:20 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTER CITY SECRETARY CITY OF DENTON, TEXAS ACC002E9 0 Y {(b Agenda No,. Agenda ltem- Date~`'~ q CITY OF DENTON CITY COUNCIL MINUTES February 13, 1996 The Council convened into a Closed Meeting on Tuesday, February 13, 1996 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Bales; Council Members Brock, Cott, Krueger, Miller and `ioung. ABSENT: None 1. The Council considered the following in Closed :fleeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussed the acquisition of property for expansion of the city's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered and deliberated the appointment of an Assistant Municipal Judge for the Denton Municipal Court of Record. 2. Discussed and deliberated the duties and evaluation of members of the Municipal Court staff and the employment agreement of the Municipal Judge. The Council convened into a Work Session on Tuesday, February 13, 1996 at 6:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Presentation of the Comprehensive Annual Financial Report for the year ended September 30, 1995. Kathy DUBose, Executive Director for Finance, stated that George Scott, Deloitte and Teuche, was present to review the report for Council. George Scott, Deloitt: and Touche, stated that the firm's opinion of the financial status of the City was unqualified and was a clean opinion. The opinion held that the financial statements, as of September 30, 1995, were a fair representation of the financial position of the City. The audit was performed in accordance with general accapted auditing standards and with government auditing standards. During the course of tae audit, the firm received excellent cooperation from City staff. All requested documents II F 4 agenda No, City of Denton City Council Minutes Agenda Item February 13, 1996 Page 2 Date (CL- were made available to them. There was no disagreement with management as to the proper application of accounting principles and methods. The Single Audit Report was a series of reports addressing various applications of Federal law and State regulations as well as internal control areas. Those reports indicated that no situations were identified in the internal control environment which might have been a material weakness nor was there any instance of noncompliance. The Report to Management addressed ways and ideas from the firm to enhance the control environment. Kristin Newman, Controller, presented an overview of the report as presented in the agenda back-up materials. Mayor Castleberry stated that this was a very good financial report. 2. The Council received a report and held a discussion regarding the results of the 1996-97 City Council budget priority questionnaire. Jon Fortune, Chief Finance officer, stated that Council had completed the questionnaire several weeks ago and this was the results of the Council's responses. Council Member Miller stated that he was surprised to see street construction and street maintenance higher on the ranking than police protection and fire prevention/EMS. Mayor Pro Tem Biles stated that the 6.71 on street construction and street maintenance indicated that. Council had indicated that tho•ee were -co have a new effort. Fortune replied that it was opposite of that ranking. Council Member Krueger felt that it was difficult to rank these items on any type of ranking system. Mayor Castleberry stated that this was the sixth time for him to see this questionnaire and streets and drainage had always been Number 1. This was essentially the same priorities as the citizens had. Council Member Miller felt that safety and crime prevention was important. Mayor Castleberry stated that he had heard more about pit holes and streets. ti Y f r City of Denton City Council Minutes Agenda No. February 13, 1996 Agenda em Page 3 Date Acting City Manager Svehla stated that the ranking depended on whether or not there would be excess funding in July when the budget was first discussed. If he understood the Councill's priorities, street maintenance and construction would be a priority before any improvement in fire prevention. Council Member Brock stated that she had expressed a concern a few weeks ago about the Council viewing the questionnaire in the same manner. She felt it was important to agree on what the different rankings meant. Acting City Manager Svehla stated that until there was a bad financial report, staff would continue on the same program. The ranking would be used to work on the programs for Council consideration. 3. The council receive a report and held a discussion regarding the use of South Lakes Park for a new D.I.S.D. middle school site. Ed Hodney, Director of Parks and Recreation, stated that this was a concept of a joint project between the City and DISD. Discussions were held over the past several months on the needs of the DISD for a new middle school. The decision and funding was not in place at this point in time to purchase a new middle school. This was a merely a concept for the Council to consider. The DISD had suggested that a piece of South Lakes Park would be an ideal location for a new middle school. Mayor Pro Tem Biles left the meeting. Hodney continued that there were many details which still needed to be worked out. A proposed location was near the Londonderry Street area. The DISD owned a twelve acre site across Teasley Lane but they needed more acres for a middle school than the 12 acres. The proposed site encompassed six acres for a school building serving approximately 1000 students, access to the site and parking for 250 vehicles. The site did not include the other facilities which the district would construct if it had to buy a site for a middle school. other facilities would be built on land which would remain park land. South Lakes Park was purchased with 1986 bond funds. Because State funding was included in the purchase of South Lakes Park, the State of Ti_,xas would be another party to include in this arrangement. Council Member Cott questioned that if the bonds were paid off, how were State funds involved. 4 Agenda No. - 01 _ City of Denton City Council Minutes Agenda Item February 13, 1996 Date' - 9 (n Page 4 Hodney replied that the State funds were in the development phase of the project. The State funds accounted for approximately 50% of the development costs. The rest of the money was City money. Mayor Pro Tem Biles returned to the meeting. Council Member Miller stated that the proposal would include 12 acres which would be devoted to outside recreational facilities adjacent to the school which would still be park land. Hodney stated that anything outside the six acres required by the DISD would be on park land. Council Member Miller questioned whether the improvements scheduled in the CIP for South Lakes ?arks would be effected by the proposal. Hodney stated that they wc:uld compliment each other and would not be duplicating anything which the DISD would build for its use. The sequence of events for the proposal would be to (1) receive Council approval of the concept; (2) finalize the site and facilities design; (3) determine the land requirements for the school and related facilities; (4) determine mitigation for the land; (5) establish an appraised value for the park land; (6) approval of the proposal by the Texas Parks and Wildlife for the conversion plan; (7) hold a public hearing on the proposed use of park land; and (8) final conveyance of the land. Council Member Young left the meeting. Council Member Krueger asked what advantage this proposal would have for the DISD. Dr. Dean Anthony, DISD, stated that the first advantage was that the location was exactly where the school needed to be located. Another advantage was that the District would only have to buy 6 acres of land as opposed to fifteen acres. There was a plan to build two gymnasiums, one with outside access with a location for a city office and city storage. Council Member Krueger asked why the building would have such a design. Council Member Young returned to the meeting. Hodney replied that the Park Board was not making that requirement. The 1986 bond program had a recreation center as part of the original program. The concept was that one day a gymnasium would be f F f, Apende W. City of Denton City Council Minutes Agenda item February 13, 1996 Date Page 5 needed and related programming space. This came as a suggestion from the DISD. Acting City Manager Svehla stated that the proposal was appealing to the City for more dual use of the facilities. If that was not done, at some point in time there might be duplicate gymnasium facilities in that area. Consensus of the Council was that it appeared to be a good concept. 4. The Council received a report and held a discussion regarding the amendment of ordinance 95-180 changing the SR and SRW rates for residential wastewater service to establish a new rate schedule. h Council Member Krueger left the meeting. Bob Nelson, Executive Director for Utilities, stated that wastewater rates were established by looking at the average water usage of December, January and February. That established the usage for the wastewater rates for March through to the next Noverkir. The actual usage was used for December. This year had been very dry with a minimal amount of rainfall. Council Member Krueger returned to the meeting. Nelson continued that due to the dry weather people had to water more in December which resulted in a higher actual usage and a higher wastewater bill. Staff was proposing to make a correction to the wastewater formula. For December of 1995, the average which was already established would be used unless it was lower. If a customer paid more, a credit would be given on the next bill. To fix the problem, staff was recommending, except for the 1996 year, to use January and February as average. In the future either the actual or not to exceed 50% of those months or 501 below those months would be used. That would be used for the average and would be extended through to March of 1997. If a customer was above or below 501 of that average, the old established average would be used for that particular month and to set the averala fir the future months. He felt this would be a fair formula for the customers. Council Member Cott stated that the City would be using the rate payer's money for approximately 11-12 months without paying them interest. He felt that that was wrong and that the City needed to pay interest on that money. Nelson stated that for the December 1995 bill, where a customer exceeded the average that they were paying prior to December, a i F Agenda No-% QL!_ City of Denton City Council Minutes Apenda Item, February 13, 1996 Page 6 Dale credit would be given starting in the first week of March. Mayor Pro Tem Biles stated that the wastewater billing was being considered a function of water consumption. The City was billing customers on wastewater based on ?heir winter water consumption and therefore not on the high summer rates. Nelson stated that even in normal domestic uses, the assumption w,-is used that 98% of the water going into a home went back out as wastewater. Mayor Pro Tem. Biles stated that January and February would be left in the formula. What would happen if that same circumstance happened in January. Nelson replied that for this year the volumes in January were not excessive nor did February appear to be high. For the future years, the formula would be altered so as to not have such large fluctuations. Consensus of the Council was to proceed with the proposed ordinance. 5. The Council received a report and held a discussion regarding the City Council and City Manager appointments to a Diversity Task Force and the process for the work of the Task Force. Tom Klinck, Director of Human Resources, stated that at the Council's January 16th meeting, Council approved a resolution outlining the mission of the Diversity Task Force and established the criteria for forming an 18 member task force to study diversity issues. The Council would appoint two members each for a total of fourteen and four members, employees of the City, would be appointed by the City Manager. Council Member Miller asked if it was known how often the task force would meet, when it would meet, and how long the meetings would be. Klinck stated that initially the Task Force would have a half day of diversity awareness training and a half day of strategic planning. After that there would be 6-9 monthly meetings to study tha specific issues and to develop solutions and recommendations. Task Force would here would be periodic reports to the Council. objectives of the be to study selected recommendations, and coordinate with the nternale Workr Force Diversity Task Force. Issues to consider would include workforce issues, hiring and promotion issues, diversity hiring issues, L F AgenAllem City of Denton City Council Minutes AgenFebruary 13, 1996 Vage 7 Date relationship between police and community, language issues, race relations in the community and city, university student issues, pay and pay increase issues, and contract and bidding policies. Consensus on the Council was to place the item on the next agenda for appointment consideration. 6. The Council received a report and held a discussion regarding the addition of the Pledge to the Texas flag to the City Council meetings. Consensus of the Council was to return with ordinance for Council consideration. 7. The Council received a report and held a discussion regarding an amendment to the Council's Rules of Procedure relating to "calling the question". City Attorney Prouty stated that Council had a proposed ordinance which amended two sections of the Council's Rules of Procedure - "Demand for a roll call" and "Previous question". The changes would allow every Council Member at least one opportunity to speak on each Item before debate was ended by either demanding a roll call vote or calling the previous question. Another matter was the procedure for calling the previous questions. The Council had not been following the procedure set out in the rules. It required a motion, a second and a 3/5ths vote. This ordinance would make sure that every Council Member had the right to speak before the ending of debate. Mayor Pro Tom Biles stated that each Council Member should be entitled to speak but the problem was when one or more Council Members went on and on. Consensus of the Council was to return with the proposed ordinance. 8. The council received a report, held a discussion and gave staff direction regarding a possible meeting and/or dinner with Bruton Smith for a report on the Texas Speedway. Council Member Young felt that the City needed to capitalize cn the speedway to better Denton's economics. He suggested the Council host a dinner for Mr. Smith and members of his team. The speedway would be an economic boost to the area and Denton should make sure that its economics was increased. Mayor Castleberry suggested a luncheon rather than a dinner. a F F City of Denton City Council Minutes AOende No!~ February 13, 1996 Agonde Item Page B Date. ~ - `Z` ~ Council Member Cott stated that the Council need to be careful of spending the taxpayers money. If Betty McKean and Ken Burdick, who were both in charge of economic development, hosted a coffee, he would not have a problem at this point in time. He was not sure of having a dinner or lunch. Council Member Krueger stated that once every three months the Council had a lunch with the DISD to discuss future projects. This might not be a Council project as much as an economic development project. He had talked with Mr. Smith who indicated that he had not been contacted by any City officials and had expressed an interest in becoming a good neighbor with Denton. He did not feel this would be a wasteful expense of the taxpayer's money. The Council could have a presentation from the speedway and then have a tour of Denton. Mayor Pro Tem Biles suggested that Betty McKean and Ken Burdick meet with the Economic Development Board as well as with Council and jointly explore either a luncheon or a trip to the speedway. The Economic Development Corporation could be the host rather than the council but have the Council there also. Mayor Castleberry felt that a tour of the City would be appropriate. Following the completion of the work Session, the Council convened into a Special Call Session in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council considered and accepted the resignation of the Assistant Municipal Judge and appointed an Assistant Municipal Judge for the Denton Municipal Court of Record. Mayor Castleberry stated that the Council had received a resignation from Nancy Jessee. Miller motioned, Brock seconded to accept the resignation. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council took the following official action from the Closed Meeting Items: T! M g i Y Agenda NO,ILP City of Denton City Council Minutes Agenda Item February 13, 1996 Date 2`. Page 9 A. Miller motioned, Young seconded to extend the contract of Tanya Cooper as Alternate Municipal Judge until July 31, 1996. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. Miller motioned, Krueger seconded that in order to handle weekend arraignments, weekend arraignments would be authorized with a per diem payment of $104 per day and that be incorporated into Judge Ramsay s contract and any subsequent Alternate Judge's contracts. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "ayell. Motion carried unanimously. C. Miller motioned, Krueger seconded to authorize Judge Ramsay to work with the Human Resources Department to proceed with the recruitment and screening for two alternate judges and make a recommendation to the City Council of one finalist judge for each of the alternate judge positions. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles 'taye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 7:55 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS AC0002ES i L ryf f CITY OF DENTON CITY COUNCIL MINUTESA96ida N0. -e)I February 20, 1996 pAggenda Item 19 The 96Catn5:45 p.m. convened in the Civil sDefense iRoom of City'Hall. PRESENT: Mayor Castleberry; Mayor , Y. r Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1• The Council convened into a Closed Meeting to discuss the following: ~h A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Considered performance evaluation and pay adjustment for the Acting City Manager The Council convened into a Regular Meeting on Tuesday, February 201 1996 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented the following proclamations: Tough Love Programs Against Violence Month Kappa Delta Child Abuse Child Abuse Day 2. The Council considered approval of the minutes of October 30, 1995 and October 17, 1995. Biles motioned, Brock seconded to approve minutes as presented. on roll vote, Miller "aye", Young "aye", Cott "a e'i „ „ Brock "aye", Miles "aye", and Mayor Castleberr "ar eager aye , carried unanimously. Y Y Motion 3• Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding the meeting times of the City's Boards and commissions. i yy 2 K f City of Denton City Council Minutes ApEnda No.~i February 20, 1996 Agenda Item Page 2 .1 Date Mr. Hudspeth stated that he wanted to again speak on the number of agenda items which a citizen could place on an agenda. He did not make some of the meetings he was to attend but did notify people that he would not attend the meetings. He likened this issue to a football game. Without rules and r,:qu)ations, a team could not function as the rules would change du•ing the game. Sections 6C and 6.5 of the Council's Rules of Procedure were the ones he as a citizen had to work with. He was attempting to play the game but the Council was changing the rules in the middle of the game. The charge that the Agenda Committee was charged with had nothing to do with charging the rules nor interpreting the rules. The City Attorney did not say that the rules indicated that the Committee could determine and add to the rules. The rule stated that a citizen could submit an agenda item and had five minutes to discuss that item. No where did it indicate that he could only put one item on the agenda. He felt that the Agenda Committee made that ruling and this Committee did not have the authority to make that ruling. A simple procedure would be to change the rules to make it clearer for the citizens. Council Member Brock stated that Section 6.5 indicated that speakers before the Council were requested to limit their remarks to five minutes or less except non-public hearing items which were three minutes. The regulations did not try to restrict the number of items a citizen could discuss. It only indicated that a citizen would have five minutes to discuss what he wanted to discuss. The Council was in the process of rewriting several sections to make this very clear and to change the regulations so that when a citizen made a request to be on an agenda, he would no;. be required to list a topic. A citizen could then chose what he wanted to present but would still be limited to five minutes. Hudspeth stated that that was what would be needed. Section 6C referred to an agenda item and not the number of items. If it meant only one agenda item, the language needed to be changed to make it clearer. Mayor Pro Tem Biles stated that Section 6.3 was entitled "Presentations by Members of Council", Section 6.4 was entitled "Presentation by Citizens". Section 6.4 appeared to address citizens who wanted to place an item on the agenda for consideration by Council at a public hearing. He felt that needed to be distinguished from allowing time for citizen reports. There should be a separation between citizen reports and public hearings. The Agenda Committee did not interpret the rule but rather it was a custom which had been done over a number of years. No particular .4embers of Council wanted to restrict his presentations. B. The council received a citizen report from Joe Dodd regarding public input to Council meetings. Mr. Dodd stated that the Council's rules had changed over the years for the betterment of the citizens of Denton. He felt the y s}f City of Denton City Council Minutes ApandaNo February 20, 1996 A4enda It m 'se~ Page 3 Date implementation of some of the rules might have caused some confusion but he knew that citizens could schedule a citizen report which was limited to five minutes. Citizens now had the ability to address any item listed on the agenda. One citizen report per person could be listed on the agenda for five minutes on any number of topics and could speak for three minutes on any agenda item. There was no lack of ability to address the Council at this point in time. Willie Hudspeth stated that, unless Mr. Dodd was present at all times, some people needed to have the rules written out for everyone to understand. City government allowed citizens to have a voice and he appreciated it when the Council worked to clarify the issues which citizens brought to their attention which were unclear. This Council had allowed him to speak and the council was interested in what he had to say. C. The Council received a citizen report from Dessie Goodson regarding a general discussion of the City. Ms. Goodson stated that Animal Control could not follow instructions in removing a dead animal unless an official was calling. She felt it was ironic that SPAN advertised going to medical facilities in Dallas and Fort Worth but neglected to indicate that the fare was $40 round trip. The reason for the high fare was that SPAN was not allowed to travel outside Denton County. She had to cancel a doctorts appointment due to this fare. SPAN was using a new 40 passenger bus and another SPAN vehicle to travel to Cook and Wise County to transport workers to Boeing in Corinth for only $2.60 and $2.20 round trip. SPAN owed an explanation to the paratransit riders why Dentonts fare was $3 higher within the City limits than those fares in Cook County. SPAN rules indicated that nPw routes needed to be publicized before started. Nothing was publicized on the survey which was done. Information on SPAN was not publicized as stated. She felt she was discriminated against in issues concerning her. She indicated that she was going to file suit in Federal Court to get these issues concerning SPAN done correctly. 4. The Council considered approval of a Resolution of Appreciation supporting the Denton County Sesquicentennial and Denton County Courthouse Centennial. The following resolution was considered: RESOLUTION IN APPRECIATION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, SUPPORTING THE DENTON COUNTY SESQUICENTENNIAL AND DENTON COUNTY COURTHOUSE CENTENNIAL. Krueger motioned, Young seconded to approve ':he resolution. On roil vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. tl E Y City of Denton City Council Minutes Agenda No. February 20, 1996 Page 4 Agenda item Date !6-- 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 10.994 acres to a Multi-Family-One (MF-1) zoning district from the General Retail (GR) district. The site, known as Mack Park Apartments, was located on the east side of Audra Lane, approximately 500 ft. north of McKinney St. (The Planning and Zoning Commission recommended approval 6-0.) Frank Robbins, Director of Planning and Development, stated that this proposal was a rezoning from general retail to MF-1 for the existing use which was built there. This was the site of an existing apartment complex. Before 1988, when the cumulative uses were modified, apartments were allowed to be built in the general retail district. However, today that was not the case and since 1988 apartments had been non-conforming uses in non-residential districts. Mayor Pro Tem Biles left the meeting. Robbins continued that there was one notice returned ?n opposition. That individual attended the Planning an9 Zoning Commission meeting and was concerned that it was his property which was being rezoned. This proposal was a down zoning and was consistent with the Denton Development Plan. The Mayor opened the public hearing. No one spoke in favor. No one spoke in opposition. Council Member Cott left the meeting. The Mayor closed the public hearing. F The following ordinance was considered: No. 96-034 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE GENERAL RETAIL (GR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE MULTI-FAMILY ONE (MF-1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 10.994 ACRES OF LAND LOCATED ON Th.°. EAST SIDE OF AUDRA LANE, APPROXIMATELY 500 FEET NORTH OF MCKINNEY STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", and Mayor Castleberry "aye". Motion carried unanimously. u F City of Denton City Council Minutes Agsadd No. February 20, 1996 Agenda Item Page 5 Date B. The Council held a public hearing and considered adoption of an ordinance rezoning 1.12 acres from the Agricultural (A) zoning district and use classification to the office Conditioned (O(c)) zoning district and use classification, and rezoning 0.36 acres from the Agricultural (A) zoning district and use classification to the Single Family 10 (SF-10) zoning district and use classification. The subject property was located on the west side of Bonnie Brae, approximately 2,200 feet south of I-35E. (The Planning and Zoning Commission recommended approval 6-0.) Mayor Pro Tem Biles and Council Member Cott returned to the meeting. Frank Robbins, Director for Planning and Development, stated that the area to rezone was south of the existing Liberty Christian School and was for the expansion of that school. The existing house in the proposed SF-10 district would remain and could not be used for the private school in that zoning. There would be a change of zoning from "A" to "SF-30" where the current house was located. With the Planning and Zoning Commission hearing, there was 24% opposition but with the conditions imposed by the Commission, the opposition was reduced to below 20%. Cne issue concerning the neighbors was that there be no additional access allowed to the school from Bonnie Brae. Another condition was that there would be no maintenance facility in the area. Liberty Christian had no intention to build such a facility but was added as a condition. The Mayor opened the public hearing. Greg Edwards stated that the school was a valuable asset to the community. It was trying to improve the services which it provided at the school. It was proposed to build a gymnasium on the site which would improve the facilities for sports and physical education at the school. The proposal would not provide any more classrooms or students at the site. The School had cleaned up the area and would continue to do so as the plans were implemented. The remainder of the area would be a park setting. The SF-10 zoning was requested so that the owner of the home on the site could do minor expansions of the home, if desired. The School had an option to purchase the property but did not have any intentions to do so at this point in time. The School needed the area to expand its current use. Dwight Gailey stated that the owner of the property indicated to the School that he wanted to sell the property. Liberty Christian needed property to build a gymnasium on but did not need the single family home. Mr. Frank purchased the home separately. There was a present driveway which was used by the owner of the home. There was never any intentions for a service barn. The intention was to keep the vehicles off the street where presently they were parked within 30 yards of the street. The purpose of the proposal was to get the vehicles off the street, build a gymnasium and perhaps a small playground. F City of Denton City Council Minutes Agenda No.- j February 20, 1996 Agenda Ilem Page 6 Date 1i~1 q Tracy Norwood stated that he would be looking at a gymnasium out his back door and questioned what type of fence would be built. Robbins stated that a six foot fence made of wood, masonry or a living screen would be required. The fence would be required along the entire property line between the properties. Norwood stated that he currently had an eight foot chain link fence and the required fence would be less than what he currently had. He indicated a desire to have an eight foot fence. The height of the proposed gym:asium could be quite an eyesore in the future. Council Member Krueger left the meeting. Larry Frank stated when Mr. Reeves decided to sell the property and the School was not interested in the residence, he offered to buy the property. At the Planning and Zoning Commission meeting, there was a discussion as to requiring him to close his circle driveway. He purchased the property which had a double drive carport, a circle drive and a drive down the south side of the property. He had two storage buildings on southwest corner of the property and did not want a restriction on a circle driveway which had been in existence for twenty years. He was in favor of the proposal but not to the closing of his driveway. The School had an option on the property which would require different zoning in the future. Council Member Krueger returned to the meeting. The Mayor closed the public hearing. Council Member Krueger stated that Robbins had mentioned that the construction of the fence could be wood, mason or a living screen. I Robbins stated that the living screen would Le plants which were six feet tall and which could not be seen through. Council Member Krueger stated that if the current fence was eight feet which could be seen through, the only choice would be to have a living screen. A living buffer would eventually obstruct the view of the building. Gailey stated that the School had not agreed to an eight foot fence. The present fence was an eight foot cyclone fence which was in disarray and could be completely seen through. For approximately the last 10 years, Mr. Norwood had been looking at a mess in the neighbor's yard and at the back of the present gymnasium. A six foot high fence would be a better situation than what was currently there. Council Member Krueger felt that a living screen would be better than a constructed fence. 0 F F City of Denton City Council Minutes A~~ndaNo. February 20, 1996 Apenda!tem Page 7 Date ` Gailey stated that it might take several years to grow a six foot high fence. Council Member Cott asked why anything had to be built. Robbins stated that it was a regulation of the landscape ordinance. This could be an option to deal with during the building permit phase. If Council wanted to add a requirement that it be a vegetative screen, it would have to be added as a condition to the ordinance. Council Member Krueger felt that it was cheaper to plant a vegetative screen which was also more stable in the long run. Mayor Pro Tem Biles felt that there was a need to discuss the situation with the developer and the property owner as to whether to plant a living screen in the area to help screen the property. A living screen was an alternative but should not be imposed by the Council. A wooden fence would be better for security etc. in the area. Gailey stated that he was willing to negotiate the issue. Norwood stated that the fence now was in the wrong location according to the survey. He did not want a living screen instead of a wooden fence. The following ordinance was considered: NO. 96-035 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (0(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION AND THE SINGLE FAMILY 10 (SF-10) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 1.50 ACRES OF LAND LOCATED ON THE WEST SIDE OF BONNIE BRAE, APPROXIMATELY 20000 FEET SOUTH OF I-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Young seconded to adopt the ordinance as recommended by the Planning and Zoning Commission. On roll vote, Miller "aye", Young "aye's, Cott "aye", Krueger "aye", Brock "ayes', Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 6. Consent Agenda Mayor Castleberry indicated that Bid 11863 had been pulled from consideration. y s City of Denton city Council Minutes J4 S0' 'r February 20, 1996 Agenda Item,y Page 8 Date ^ Brock motioned, Young seconded to approve the consent Agenda as presented. on roll vote, Miller "aye" Young "aye'f, Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase orders; 1. Bid 1 1805 - Cement Lime & A Bulk Cement) ggregate {Re-award of 2. Bid 1 3552 - Tractor 90 HP 4WD I1 3. Bid 1 1853 - Used Telescopic Boom Excavator 4. Bid 1 1854 - Pneumatic Tired Roller 5. Bid 1 1860 - Truck Beds & Bodies 6. Bid 1 1861 - Skid Steer Loader 7. Bid 1 1862 - Rubber Track Excavator 9. Bid f 1866 - Water Treatment Chemicals 10. Bid 1 1867 - Teasley Landscape Nursery Stock 11. Check Requisition - Upper Trinity Regional Water District 12. P. O. 160177 - Ash Properties 13. P. 0. 163088 - AIS Continental - Repair of Rubber Tire Loader B. Tax Refunds 1. Gelco Corporation, $753.52 2. First American Title Company for Robert Middle, $617.94 3. T & B Prop. Ltd. P/S, $926.51 4. Tonsi P. Miller-Manns, $645.68 7. Consent Agenda Ordinances Council considered the Consent Agenda Ordinances 7.A - 7.D. Brock motioned, Young seconded to adopt the ordinances. on roll "aYe, MBileiller "ay"' Young "aye", Cott "aye", Krue er "aye", Brock Ye, and Mayor Castleberr g unanimously. Y "aye". Motion carried A. NO. 96-036 AN ORDINANCE AMENDING ORDINANCE NO. 95-21b RELATING TO THE AWARD OF BID NUMBER 1805 FOR THE PURCHASE OT CEMENT, LIME AND AGGREGATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.1. - Bid 01805) B. NO. 96-037 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND 4WARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; ANC PROVIDING FOR AN EFFECTIVE DATE. (6.A.2. - Bid 11852, 6.A.3. - a ~s 2 Y City of Denton City Council Minutes Agenda No. 91 - D1 Q February 20, 1996 Agenda Item Page 9 Dale - "n ' L. Bid 118531 6.A.4. - Bid 11854, 6.A.5. - Bid 11860, 6.A.6. - Bid 11861, 6.A.7. - Bid 118621 6.A.9 - Bid 01866, 6.A.10 - Bid 11867, 6.A.11. - Upper Trinity Regional Water District. C. NO. 96-038 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.12. - P. 0. 160177) D. NO. 96-039 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. (6.A.13. - P. O. 163088) 8. ordinances A. The Council considered approval of an ordinance approving amendment Number 3 to the agreement between the City of Denton and MDR Engineering, Inc. for professional engineering services. Howard Martin, Director of Environmental Services, stated that staff was requesting approval for Amendment No. 3 to the MDR contract for landfill services. The engineering services involved six additional tasks which were outside the original scope of services totalling $23,200 and one year of additional project management in Phase Three for a total of $12,000. Task Number Two was a redesign of the landfill configuration due to the removal of the wetland areas originally identified. Task Number Three was modeling of the detention pond which impacted the flood plain on the south side of the site, Task Number Four was the preparation of information and mapping for annexation, and Task Number Five was within the scope and no additional funding was required. Task Number Six was a revision of the footprint to accommodate the landscaping plan internally required for $5,000 and a revision of the FEMA flood plain map for $8,000. The Public Utilities Board recommended approval of the amendments. Council Member Cott asked if this was for the original landfill site. x.'artin replied that this was associated with the expansion of the new site. Council Member Cott asked if it included any of the first landfill site. i 91. City of Denton City Council Minutes Agenda ND. February 20, 1996 Agenda Item Page 10 Date r-~ --3---- Martin replied that it included the 200 acres purchased for the new landfill site. Council Member Cott stated that the contract was to close the two landfills. Martin replied that the current contract was for the permitting, engineering and design of the new landfill size. It did not have anything to do with the closure of the landfill. The following ordinance was considered: NO. 96-040 AN ORDINANCE APPROVING AMENDMENT NUMBER THREE TO THE AGREEMENT BETWEEN THE CITY OF DENTON AND HDR ENGINEERING, INC. FOR PROFESSIONAL ENGINEERING SERVICES; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. Mayor Pro Tom Biles stated that in the discussion of the back-up materials for Amendment 15, staff felt this should have been taken care of before. Martin replied correct and that the Public Utilities Board supported their position. After a discussion with HDR, they decided not to charge the City with the activities for the workshop. Mayor Pro Tom Biles stated that the items were already done and staff was now asking for approval for amendments. Martin replied correct. Mayor Pro Tom Biles asked what would happen if the Council did not approve the amendments. Martin replied that the City owed HDR $23,200 which they would not receive for work which the City asked HDR to perform which was outside the original scope of the contract. Mayor Pro Tom Biles asked why HDR was being asked to do work outside the scope of contract and then the amendment was being presented to Council as an afterthought. Martin replied that they were trying to move quickly through the process. As a result, if each item was brought before Council, it would be very time cor,suming. If Council wanted :auch a procedure, they certainly would do so. They had been trying to accumulate a small amount, progress through the issues and activities and then make these amendments. c i. City of Denton City Council Minutes Agenda No._ I!D' q February 20, 1996 agenda Item___ Page 11 Date_.05 - \ Mayor Pro Tem Biles stated that at times, it was more effective and efficient to go ahead and get the work done. But he was concerned that the changes were being proposed for work which was outside the scope of the contract and felt that staff was being burdened to deal with this as an after the fact occurrence, then the Public Utilities Board as an after-the-fact occurrence and then Council. Amendments 14 and f6 appeared to be items which the Planning Department imposed on the consulting contract by requiring that maps be prepared. Martin replied that those were internal processes which required additional engineering services to accommodate the landscaping plan and to accommodate the zoning. Mayor Pro Tem Biles felt that if these were maps which were needing to be prepared in order to have the names and addresses of property owners, why was the Planning Department not doing that work. Was this a map which was required for the permitting process with TNRCC. Martin replied that it was used in both cases. First the Planning and Zoning Commission was asked to contact property owners within 200 feet. TNRCC rules required a half mile range. HDR helped put together that property list which included that half mile as well as the 200 feet. The Public Utilities Board outlined the procedure for staff to follow for situations when an issue required additional services. Staff was to notify the Board, present to them the procedure and get preliminary approval from the Board before moving ahead. By doing that the Board was kept informed of what was going on and staff knew that the Board was in agreement on what was being done. Council Member Miller stated that these took place over a long period of time. This was common for long term large contracts. Amendments needed to he done in a timely and an orderly manner to get the project done. Council Member Krueger asked what were the limits on change orders before coming to Council. Acting City Manager Svehla replied it was $15,000 per amendment. Council Member Krueger felt that the money had been spent for the changes without the knowledge of the Council. The amendment might have been needed but Council was not aware of those changes before being done. on roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. G 1 City Of Denton City Council Minutes Agenda No. February 20, 1996 Agenda Item ` Page 12 DVe_ authorizingh theCouncil . sidered of an ordinance Mayor tooapprove the pWater Main Participation Agreement between the City of Denton and Lodge Construction Company Inc. Bob Nelson, Executive Director for Utilities, stated that this was a request for participation in oversizing of a water line for the E line states of Forrestridge Section II. There was 2,175 feet of water ` waterwline in the area m to serve the future City was development sting a 12" Council Member Cott left the meeting. Nelson stated that the difference in cost was $8 per foot which amounted to $17,400. The following ordinance was considered: NO. 96-041 AN ORDINANCE AUTHORIZING THE MAYOR TO APPROVE THE WATER MAIN COST PARTICIPATION AGREEMENT BETWEEN THE CITY OF DENTON AND LODGE CONSTRUCTION COMPANY, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOP AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry aye . Motion carried unanimously. C. The Council considered adoption of an ordinance authorizing the Mayor to execute an interlocal agreement between the City of Denton and the Upper Trinity Regional Water District for the use of former Missouri Pacific Railroad right-of-way for operation and maintenance of a wastewater line. Bob Tickner, Superintendent of Parks, stated that the Upper Trinity Regional Water District had asked for an interlocal agreemm; which would allow them to place a wastewater treatment line on the lower 1/10 of a mile of the proposed rails-to-trails project in the City of Corinth. Council Member Cott returned to the meeting. Tickner continued that currently there was a lift station in the area and the UTRWD wanted to extend the line past Swi. Both entities were serving the City of Corinth. Staffsher feltRthat the proposal would not interfere with the project as the line would be underground. The following ordinance was considered: r City Of Denton City Council Minutes February 20, 1996 Apinda No._ Page 13 Agenda I em; DatO_~~~"" NO. 96-042 AN ORDINANCE OF THE CITY OF DENTOS. PEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE UPPER TRINITY REGIONAL WATER DISTRICT FOR THE USE OF FORMER MISSOURI PACIFIC RAILROAD RIGHT-OF-WAY FOR OPERATION AND MAINTENANCE OF A WASTEWATER LINE, AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Brock seconded to adept the ordinance. On roll vote, Miller 'laye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Hiles "aye", and Mayor Castleberry "aye". Motion carried unanimously, D. The Council considered adoption of an ordinance amending Ordinance 95-180 changing the SR and SRW rates for residential wastewater service to establish a new weighted average methodology for determining residential wastewater rates, and to establish a separate procedure for determining residential wastewater rates, applicable only to the months of December 95, January 96 and February 96, (The Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that this ordinance was presented to Council at a prior work session. The change would provide credit to those customers who used more than the average of the year before. The following ordinance was considered: NO. 96-043 AN ORDINANCE AMENDING ORDINANCE 95-180 BY CHANGING THE SR AND SRW RATES FOR RESIDENTIAL WASTEWATER SERVICE TO ESTABLISH A NEW WEIGHTED AVERAGE METHODOLOGY FOR DETERMINING RESIDENTIAL WASTEWATER RATES, AND TO ESTABLISH A SEPARATE PROCEDURE FOR DETERMINING RESIDENTIAL WASTEWATER RATES, APPLICABLE ONLY TO THE MONTHS OF DECEMBFR 950 J?uvUARY 96 AND FEBRUARY 96; PROVIDING A SEVERABIIITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Biles seconded to adopt the ordinance. on roll "aye", tle Miller "aye"' Young "aye", Cott "aye", Krueger "aye,!, Brock "aye", and Mayor Castleberry "ays". Motion car:-ied unanimously. E. The Council considered adoption of an ordinance naming certain pro erty within the City of Denton, Owsley Neighborhood Park. Ed Hodney, Director for Parks and Recreation, stated that in 1994 a small piece of property was a-quired to serve as parkland in the Owsley Addition. The was acquired with Community Develcpment Block Grant funds. Once the park was acquired, CDBG dollars were YF City of Denton City Council Minutes apend~ po, February 20, 1996 AVo do Im Page 14 oat# _ again used to develop the ark . The City policy required that iniordersto name a park, the Parks and Recreation Advisory Board had to present a recommendation to the Council. The Board recommended the name of Owsley Neighborhood Park. The following ordinance was considered: N0. 96-044 AN ORDINANCE NAMING CERTAIN PROPERTY WITHIN THE CITY OF DENTON, OWSLEY NEIGHBORHOOD PARK; AND DECLARING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll veto, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aya", Biles "aye", and Mayor Castleberry "aye". V- tion carried unanimously. F. The Council considered adoption of an ordinance amending Ordir:,ance No. 94-183 relating to the Rules of Procedure of the City Council of the City of Denton, Texas, by p•:oviding that every member of the City Council would have at least one opportunity to speak on each item before the City Council. The following ordinance was considered: NO. 96-045 AN ORDINANCE AMENDING ORDINANCE NO. 94-183 RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THAT EVERY MEMBER OF THE CITY COUNCIL WILL HAVE AT LEAST ONE OPPORTUNITY TO SPEAR ON EACH ITEM BEFORE THE CITY COUNCIL; AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock unanimouslys ',aye", and Mayor Castleberry "aye". Motion carried 9. Resolutions A. The council considered i,pproval of a resolution authorizing the City Manager to request reimbursement pursuant to the Public Transportation Conti,-act with the Texas Department of Transportation. Joseph Portugal, Assistant to the City Manager, stated that approval of this resolution would authorise the City Manager to request reimbursement from the Texas Department of Transportation for planning and operational expenditures during the previous grant year. s y F City of Denton city council minutes February 20, 1996 Page 15 Ajenda No u Agenda Iitrm The following resolution was considered: Date NO. R96-008 A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST REIMBURSEMENT PURSUANT TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 10. The Council considered appointments to the Diversity Task Force. Mayor Castleberry indicated that there was a Request to Speak card from Willie Hudspeth. Willie Hudspeth commented on the appointments. He urged the Council to appoint individuals wLo would be willing to work with others with different opinions. The Task Force needed people who could see the other side. Council Member Krueger appointed Willie Hudspeth. Council Member Young appointed Kenneth Davis and Robert Green. Mayor Pro Tem Biles appointed Tony Desoto and Lindsay Keffer. Council Member Cott appointed Ray Cornay and Byron Woods. Council Member Brock appointed Kent Miller and John Price. Council Member Miller appointed Rosemary Rodriguez and Dennis Stephens. Mayor Castleberry appointed Alice Alexander and Derrell Bulls. Acting City Manager Svehla appointed Tonya Williams, Lee Ann Bunselmeyer, Joannie Housewright, and Ed Hodney. 11. Vision Update Council Member Brock indicated that there was a Cabinet meeting the next week. 12. Update from Municipal Judge. There was no update from the Municipal Judge at this meeting. a i City of Denton City Council Minutes Agenda No.-ql % Ll ~q February 20, 1996 Page 16 Agenda Itam Date 13. Miscellaneous matters from the City Manager. Acting City Manager Svehla presented the following items: A. There would be a ribbon cutting next Tuesday evening at 4 p.m. for the Owsley Neighborhood Park. B. Sharon Mays had been hired as the new Director of Electric Utilities. C. There would be no meeting on March 12th as some Council Members would be returning late from the NLC Conference in Washington. 14. The Council took the following official action on Closed Meeting Items: Bile.s motioned, Young seconded that based on the City Council's evaluation of Rick Svehla's performance as the Deputy City Manager and as the Acting City Manager, and the City Council having found that Mr. Svehla mnt the requirements of his job, fully meeting and in many instances --xceeding those expectancies, that in acccrdance with the Council's adopted 1995-96 pay increase budget, Mr. Svehla's pay be increased by 6% effective April 15, 1996, On roll vote, Miller "aye", Young Olaye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 15. New Business The following items of New Business were suggested by Council Members for future agendas: A. Mayor Pro Ter Biles requested that the City Attorney and i Acting City Manager prepare a work session item on a discussion of contract revisions. B. Council Member Brock noted the council's Adopt-A-Spot condition. 16. The Council did not meet in a continued Closed Meeting. With no further business, the meeting was adjourned at 8:50 p.m. SOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO02ED I a 4 agenda Mo. _g Agenda Ifem - CITY OF DENTON CITY COUNCIL MINUTES Date - February 27, 1996 The Council attended a dedication ceremony on Tuesday, Februa-ry 27, 1996 at 4:00 p.m. at the Owaley Neighborhood Park located at 2415 Stella Street, Denton, Texas. The Council convened into a Closed Meeting on Tuesday, February 27, 1996 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 discussed the following in Closed Meeting: A. Legal Matters Under TEX. GOVfT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 1. Discussed 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. Discussed the appointment and evaluation of the applicants for the position of City Manager. The Council convened into a Work Session on Tuesday, February 27, 1996 at 7:00 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, i Krueger, Miller and Young. ABSENT: Council Member Cott 1. The Council held a discussion and gave staff direction concerning the schedule and selection process for selecting a City Manager. Tom Klinck, Director of Human Resources, stated that the Council had earlier reviewed the semi-finalist candidates. The job closed on February 16th with 83 applicants. The consultant narrowed the finalists to 15-20. At the March 19th Council meeting the applicants would be narrowed to five finalists and Council would finalize the final interview process and schedule. On March 20th a letter, with a comprehensive packet of information about Dencon, would be sent to the finalists inviting them for an interview. March 27-30 would be the final interview pxncess. There were two options dealing with the final withvthe discussion. Ootion with each finalist vhaving anahourn and fifteen minute discussion. The second option involved individual interviews with each City Council member for about 30 minutes. In the afternoon a Y f- Agend1 No -l 62 - 0J l City of Denton City Council Minutes Agenda Item February 27, 1946 Date- " Page 2 there _ _d be a panel interview with each finalist for about 40 minut i the evening, the Council would begin deliberations to chose the t e or two candidates. Jerry Gidani stated that with the second option each Council Member would meet with the candidates on a one-on-one basis. After that there would be a short panel session in the afternoon. There would be a social setting to meet the candidates, an individual session and a panel session for meeting with the candidates. The second option was more taxing but allowed for better one-on-one meetings. Council Member Krueger felt that it would be hard to work the option allowing for one-on-one with the candidates. Each Council Member might r for the eceive a different answer to each question. He felt it was imperative tether. All Council Members wou be in the City CManager tandeall~ should be together to hear thelquestionsSand answers. Council Member Brock asked if it was common to have a group of finalists in a common social setting. Oldani stated that it was quite common in the private sector especially with volunteer Council/Board members. Council Member Miller felt that it would be helpful to spend time individually with each of the candidates and then meet as a group. The decision meets eachr decision candidate. He b felt helpful it lw would have more valuable to meet the individuals in a one-on-one situation. ` Mayor Pro Tem. Biles felt that one-on-one time the candidates would be critical for each of the Council Members wtohhelp formulate their { decisions. He felt it would be better use of Council's time with a one- one-one situation with the candidates. It would ;lso be valuable to have a panel approach. It would be good to see how the candidates functioned in each type of situation. Council Member Brock felt a mixture of the two approaches would be valuable. Council Member Krueger stated that he would like to hear the answers of each candidate at the same time as opposed to only hearing the answers of one candidate at a time. Brock motioned, Miller seconded to proceed with option two. on roll vote, Miller "aye", Young "nay", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "nay". Motion tied with a 3-3 vote. 3t Y G k; Aaanda Nd. City of Denton City Council Minutes Agenda Item February 27, 1996 Date S_ Page 3 Council Member Krueger expressed a concern about keeping in the time frame with Option one. Oldani stated that in order to maintain a sense of fairness, th3 Council would need to keep equity in the situation. Council would need to keep within 10-15 minutes of the proposed time schedule. After further discussion, Mayor Castleberry stated that option two was the consensus of the Council. 2. The Council received an update from the Public Utilities Board, held a discussion on the development of an in-fill policy for the extension of water and wastewater service and gave staff direction. Bob Nelson, Executive Director for Utilities, stated that this discussion centered on a possible change in the philosophy on how water and wastewater lines were extended in the community. Denton operated in a very similar fashion to other communities in Texas. Private property owners and the private sector extended the water and wastewater lines from the nearest existing line across their property. There was only one exception to that criteria which was the plan line concept. That concept set aside $250,000 each year for water lines and $250,000 for wastewater lines in a fund for economic development purposes. Mayor Pro Tem Biles left the meeting. Nelson stated that those funds were used to extend the lines across the property. At times small pockets in a community did not receive water and wastewater services due to the way the area was developed. After receiving several requests from citizens and property owners in areas where there were no lines, the Public Utilities Board developed concepts for these areas. l Howard Martin, Director of Environmental Services, stated that the Board felt that one of the first items to discuss was how to fund an infill program. Options included utilization of excess development plan line funding which was $250,000 each year for both water and wastewater; allocation of 1-2 percent of the gross revenues each year; allocation of a fixed amount of money each year; allocation of funding between residential and commercial; and no allocation. The Public Utilities Board was recommending the utilization of excess development plan line money with no distinction at this time between residential and commercial projects. The types of projects eligible for funding included residential and commercial projects located within the City limits. The projects would be internal to the utility service area. Funding issues for the residential projects included upfront funding by the City for all costs; a fixed participation percentage with the Cityfs percentage at 75$ and the resident percentage at 25% with 100% participation from those residents who would benefit from the infill project; and a i Agenda No, " D! City of Denton City Council Minutes Agenda Ite Pageu4ry 27, 1996 Dale • 9 repayment plan over a 5-10 year period. Commercial funding issues included having the developer pay the upfront costs or a Eliding scale of up to 50% of the City funding. Project identification and evaluation included that the projects would be evaluated as submitted. Evaluation criteria included costs per connection, environmental and health concerns; location within the service area; and growth potential. On the commercial side projects would be pre-selected; proiPCt cost, utility revenue potential, municipal service requirements, tax revenue potential, and enhancement of the utility system would be considered. General issues associated with the proposal dealt with further deviation from the existing policy of developer-funded infrastructure extensions; enhancement of property values along the infrastructure extension in which the property owner did not participate in the infill project; property owners within the project being able to connect at a later date and not sharing in the cost. Existing customers who supported the cost of infrastructure improvements in the cost of their lots would be paying for the improvement to those customers who had not supported the utility. Associated legal issues included whether or not this approach violated the "gift" provision; could a repayment plan for residential projects be established; and could infill project extensions be restricted to customers within the core service area. Financial issues included the impact on customer rates, and the exclusion of capital assets from "return on investment" calculations. The utility operation and capital improvements were supported entirely from utility customer user charges. Mayor Pro Tem Biles returned to the meeting. Council Member Brock asked for the cost of completing all infill areas. Martin replied that staff was in the process of completing those figures. Council Member Brock asked if there might be possible liability of not granting equal protection of the laws. Martin replied that that was an issue which the Legal Department was investigating. City Attorney Prouty stated that the law required that rates and charges had to be equal, uniform and non-discriminatory. There had to be a good reason for a difference in rates. Council Member Brock asked if there was a legal reason why residential customers were not able to repay c-rer a period of time, through extra charges on their utility bills. City Attorney Prouty stated that the problem with that was it was characterized as a lending of the City's credit. Staff was still Adtnda No, City of Denton City Council Minutes Apndaffem February 27, 1996 oats Page 5 researching that type of provision It could be done if it fostered economic development and would be easier to do with a developer. There was no specific provision which allowed a city to lend credit to residential customers. If the City could develop a public purpose, it might be possible. Staff was investigating to see if there was some valid public purpose which would be served to allow a repayment or extension of the cost over a period of years. Mayor Pro Tem Biles asked about those customers not wanting to initially sign up but then later wanted to tie into the system. Martin stated that that was why the Public Utilities Board was recommending a 1001 participation rate. Mayor Pro Tem Biles stated that if 25 residents had to agree and only one could not participate, when the last person wanted to sign on, that person should pay an equal amount to what the others who initially signed up. Martin replied that he was not sure that could be done as it might qualify as an impact fee. Council Member Miller stated that if all the economic development funds were used in a given year, then there would be no funds that year for the infill project. Martin replied correct, however, there was a reserve which could be used. Council Member Miller asked if there would be a limit on the infill dollars to $250,000 and not take down the reserves. Martin replied that the recommendation was to just use the $250,000 in development plan lines for that year and not use the reserve for the infill projects. Council Member Miller asked if other cities were doing this. Martin replied that most cities had gone to impact fees. Council Member Miller asked if the only fair means was to have 100% participation, was it possible to assume that each property would be assessed the 25% and place a lien against the property. City Attorney Prouty stated that many of the properties would be homesteads and it was not possible to assess liens on those properties. To have a valid lien, after the assessment, the residents with homesteads prior to starting the improvements would have to sign a mechanics lien contract. 4 Y I Alfndl Ho, / City of Denton City Council Minutes A4indllttm February 27, 1996 Page 6 Council Member Miller asked who would submit the projects for consideration. Martin stated that a group of neighbors would make a request to the Public Utilities Board. A memo of understanding would be sent out to the residents to see how many would be willing to participate in the project. Some type of a contract would be completed with those individuals. Council Member Miller stated that the requests would come from the neighborhood or area which would be initiated by the citizens and not by the City. He asked who would select commercial projects. Martin stated that staff would put together the pre-selection for the core service area. City Attorney Prouty stated that there was a general provision which allowed for economic development procedures which could not be done with a general citizen. There also was the issue of impact fees. If it was an existing development, there was no question of impact fees. If it was new development, it would depend on whether the lines were on-site or off-site lines. There was a general exemption that it was not an impact fee if it was an on-site line. Council Member Krueger stated that if an industrial park developed on the edge of the City limits, the City would pay to have the lines extended to the property and the developer would pay for the on-site lines. Would the households, currently not on the existing lines, be c'targed for that extension. Nelson stated in the case where a developer extended the line to his property, a residence would be charged a pro rata fee as it connected onto the line. If the City were to extend the line, then each household could tie on without a charge. Council Member Krueger stated that if it were done as an incentive for a developer, then there would be no ^.harge for the residents along the line. Nelson replied correct. Mayor Pro Tem Biles stated that if it cost $150,000 to run an infill line and there were 25 homes which wanted to add on, with a 100% participation rate, it would cost $37,500 for the homeowners. If only 20 homeowners added on, the cost per homeowner would be $1875 instead of $1500. He questioned why a non-participating resident who decided to add on during the next year, would not have the same cost as the other residents. li f Z~ I~~IRdi N0. ~ " 4~ City of Denton City Council Minutes Aoadlh February 27, 1996 We Page 7 City Attorney Prouty stated that that might be possible but there was a need to look at the question in the context of having rates which did not differentiate among different property owners. Mayor Pro Tem. Biles stated that if a person did not add on at first, he still could add on whenever he wanted but he would have to pay the same amount of money as the others did initially. City Attorney Prouty stated that it probably would be valid to assess some sort of additional charge for people who refused to participate in the beginning and then later decided to participate. Mayor Pro Tem Biles stated that it would not be equal if those who came later did not pay. Nelson stated that those individuals who initially paid could form a partnership. The City could enter into a pro rata agreement with them. There was a need to be careful that this not be considered an impact fee. City Attorney Prouty stated that the distinction was that existing properties which needed to be infilled would not have an impact fee question because impact fees dealt with new development. Council Member Young asked if the City could pay 908 with the residents having 10 years to pay their lot to the City. City Attorney Prouty stated that that again was in the area of a gift or lending a credit. The City could pay 908 and the property owners pay 108 but then there would be the question if that was a gift to the residential property owners. There was more likely to be a lending credit problem if the City allowed 10 years to repay than if it allowed 10 months to pay out. Council Member Young felt that the policy should be that the City pay 908 and the residents pay 108 with up to 10 years to pay back on their utility bills. The City needed to provide those services to those residents annexed into the City without City services. Mayor Castleberry stated that there were many unanswered questions which the Public Utilities Board was still discussing. Staff needed to continue to develop further options. 3. The Council received a report, held a discussion and gave staff direction regarding the establishment of a public/private partnership for the implementation of recycling activities identified in the Solid Waste Master Plan. Council Member Young left the meeting. 0 x Agenda NoLte City of Denton City Council Minutes AgendFebruary 27, 1996 9 Page 8 Data Howard Martin, Director of Environmental Operations, stated that during budget discussions Council was interested in looking at a public/prjvate relationship for the provision of recycling services. A "request for qualifications" had been established and approved Utilities Board with the intention to use the Solid Waste MasteruPlan for issues which needed to be addressed in a "request for proposal". ' The waste diversion rates would be used as a primar Issue. It s that input would be received from various entity es interestedwin providing recycling services. Those proposals would be narrowed to 3-5 firms and then have the Public Utilities Board receive presentations from those firms. Based on the proposals and the individual activities identified for the City, the Public Utilities Board could focus on what activities could be started under a competitive bid situation. Council Member Miller questioned a request for other services such as automated residential curbside solid waste collection, street sweeping, etc. Martin replied that staff was interested in the waste !iversion rate. Was the firm capable of providing the rate desired. Also was the firm capable of providing other services if tYr. CCity wanted to expand the scope of the work. Staff was focusing on recycling activities but wanted to know what other services could be provided. Council Memher Young returned to the meeting. Council Member Brock felt that there was an assumption that a decision had been made that many of the activities would be privatized. She did not know when Council made that decision. Some council Members were interested in that procedure but Council had not finalized that procedure. Martin replied that the Public Utilities Board as trying to keep all options open and investigate all options available. Council Member Brock asked what was the difference between a request for qualifications and a request for proposal. Martin replied that the city could not bid a request for proposal similar to a professional services contract for engineering. Solid waste services had to be in a competitive bid process. The "request for qualifications" was a way to get companies interested in presenting their capabilities of their firms to the Public Utilities Board in such a way to use the document to develop a short list so that if they were not part of this process, they would not be allowed to competitively bid the services recommended to the Council. City Attorney Prouty stated that this process would pre-qualify bidders. This was a concept used by the Department of Transportation for large _r r Apends ND C~ ` d q City of Denton City Council Minutes ApindA ffem February 27, 1996 Dafe 1p~ Page 9 projects or complex projects. This procedure was not applicable to every project but appeared to apply in this case. Once developed, a short list would go out for competit!7e bidding. Council Member Krueger asked for the number of cities in the surrounding areas which had public/private contracts to give an idea of what other cities were doing and the cost involved. 4. The Council received a report, held a discussion and gave staff direction regarding an upcoming bond sale and the refinancing of the Lake Ray Roberts debt. Harlan Jefferson, Director of Treasury Operations, stated that ::wo bond sales had been scheduled for the near future. One sale would issue general obligation bonds and certificates of obligation. He presented a listing of the items which would be included in the general obligation bonds and the certificates of obligations which were included in the agenda back-up materials. The second bond sale would be a refinancing of the Lake Ray Roberts debt. Two issues were being done as the refinancing was very complex plus the magnitude of the amount. The city's financial advisors suggested splitting the two sales. A bond trip had been scheduled for March 21-22. Staff needed to know who on Council would be going on the bond trip. Bob Nelson, Executive Director for Utilities, stated that in 1980 the City of Dallas and the City of Denton entered into a contract for the Ray Roberts reservoir. Denton's share was 26% of that facility. The interest rate when Denton entered into the contract was 7.21%. Today the interest rate was mach better and was calculated at 5.4% for the first portion. Debt could only be issued which was necessary to cover what the City was already paying on. That portion which the City was not paying on could not be refunded. The debt could be issued now and taken out when starting to pay for the future use. The proposed change would be less than a 30 year debt as opposcO to the current 50 year debt-, Gross savings was estimated at $90 million. In the first two years, more debt service would be paid on the refunding than what was currently paid. In the following 23 years. the City would pay approximately $100,000 more which would be absorbed. In the future, rates would be lower with this proposal. Frank Medanich, First Southwest Company indicated that interest rates had declined and that this would b2 a good time to begin this process. Gross savings wis estimated to be $90 million. Mayor Castleberry asked which Council Members would like to attend the bond trip. Council Member Brock indicated that Mayor Pro Tem Biles and she would like to go if Council could send two representatives. v S F City of Denton City Council Minutes Agenda No._ 9&-w? Page 10 February 27, 1996 cAginda all 4eo, Pa _ g Date i Consensus of the Council was to have Mayor Pro Tem Biles and Council Member Brock attend the trip. 5. The council received a report, held a discussion and gave staff direction regarding the proposed Debt Service Management Policy. Harlan Jefferson, Director of Treasury Operations, stated that the Debt Management Policies would provide comprehensive guidelines for the financing of capital expenditures. The objectives of the policy were that the City obtain financing only when necessary, identify a process for the timing and amount of debt or other financing to be as efficient as possible and obtain the most favorable interest rate and other costs. Consensus of the Council was to proceed with a resolution for consideration on this issue. 6. The Council received a report, held a discussion and gave staff direction regarding the JTPA Program. Tom Klinck, Director of Human Resources, stated that staff had researched a report regarding JTPA and the implications should the program not be funded by the Federal government. The JTPA program was c:tarted in 1983 and replaced the CETA programs. It established programs to prepare youth and adults facing serious barriers to employment by providing job training and funds for work opportunities. It benefited the community by increasing employment and wages, increasing the education and occupational skills of participants and decreasing wolfare dependency. The JTPA program was administered under the North Central T Texas exas Council of Governments, the Private Industry Council and the North employers cforo94astu ents at a cost of In 195 Denton $133,980 for 10 aweeks. Student benefits for those in the program included job knowledge and skills, work skills and expectations, and social skills and responsibility. Employer benefits included free labor, the completion of special projects, the training and development of future employees and leaders and a help to the community. If not funded by the Federal government, the impact would be that labor would not be available for work activities, there would be a lost opportunity to assist disadvantaged youth; possible high school drop outs; adverse, unproductive behaviors which would require the community to deal with the individuals through the juvenile or criminal justice system. Council Member Krueger asked how soon a decision would have to be made for the program. Lloyd Webb, North Texas °.ducation and Training Co-op, Inc., stated that normally the program was started in February/March to identify work sites. The quicker the planning was started, the quicker the implementation of the program. `r t r City of Denton City February 27, 1996 Council Minutes Agenda Ap~nd~ Itol'o, _ Page 11 Doted-' - -r- Council Member Young asked that if the program were funded would it be just for City participants. Klinck replied that if City funds were positions. used, it would be for city Acting City Manager Svehla stated that one issue Thforids'taff pogram w as was not funding if Council wanted to continue the program, the funded for as the program was funded through Federal in the ast. If council decided to proceed with the program, it would have an impact on tte reserves of approximately $120-130,000. Council Member Miller stated that the cost for the City program would be approximately $70-80,000. Krueger motioned, Young seconded to explore avenues of funding in the budget to finance this program for the city without going into reserves. Council Member Miller suggested an addition to the motion to encourage the JTPA staff work with other agencies to encourage them to do the same until it was known what would happen with the program. Krueger and Young agreed to the addition to the motion and second. Mayor Pro Tem Biles felt that the reserves should not be used given the slide in the sales tax revenue. The reserves might be needed if the sales tax did not come up. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye" Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a report, held a discussion aiie gave staff direction concerning the Development Policy Committee. Council Member Krueger left the meeting. Frank Robbins, Director for Planning and Development, stated that staff was needing direction on th6 list of names which would be included in the draft resolution for council consideration. if the Council passed the resolution at a later meeting, it would appoint the committee and charge them with the previously approved program. Nominations had been received frou all other entities. The Council had ten nominations, seven neighborhood representatives, two Council Members and a chairperson. Playor Pro Tem Biles stated that the back-up indicated that staff was aware of six names submitted to Council for appointment as neighborhood representatives. He had not seen those six names. v . Ajonda No,- Q City of Denton City Council Minutes Agin" Item February 27, 1996 Page 12 #~dtd Robbins stated that staff understood, from individuals who had submitted names, that the list was submitted. Acting City Manager Svehla stated that staff understood that Council wanted people to recommend to one or all of the Council who they thought those representatives should be. Staff did not solicit names and understood that the individuals or groups would meet with one or all of the Council with nominations. Council Member Krueger returned to the meeting. Council Member Miller suggested that during the next week, each Council Member be responsible for appointing someone at the next meeting within tha spirit of neighborhood representation. Mayor Castleberry asked which Council Members wanted to be on the committee. Council Member Miller recommended Mayor Pro Tem Biles and Council Member Brock to serve on the committee. Council Member Krueger recosLmend Council Member Young instead of Mayor Pro Tem Biles due to his schedule. Council Members Brock and Young agreed to serve on the committee. Mayor Castleberry stated that Council needed to decide whether these would be nominations or appointments. Mayor Pro Tem Biles stated that Council had already decided that these would be appointments. { Council Member Krueger asked for the difference between a nomination and an appointment. Mayor Pro Biles stated again that Council had already decided that these were appointments as per prior discussion. Miller motioned, Young seconded that each Council Member make an appointment at the next meeting. Council would have a list of nominees from staff but Council would appoint someone from neighborhood groups. Krueger motioned, Young seconded to amend the main motion to have nominations rather than appointments. On roll vote of the amendment, Miller "nay", Young "aye", Krueger "aye", Brock "nay", Biles "aye", and Maycr Castleberry "aye". Motion carried with a 4-2 vote. 0 VIr I}}~ a1Rnd~ Va . ~ j A04~ds I m City of Dento.i City Council Minutes Oat$ _ February 27, 1996 Page 13 On roll vote of main motion as amended, Miller "aye", Young "aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 5-1 vote. Young motioned, Krueger seconded to nominate the chair of the committee. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Following the completion of the Work Session, the Council convened into a Special Called Session in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Krueger, Miller and Young. ABSENT: Council Member Cott 1. The Council considered adoption of an ordinance canvassing the election results of the February 24, 1996 City of Denton Bond El. :tion. Mayor Castleberry read the results of the bond election per proposition. The following ordinance was considered: NO. 96-046 AN ORDINANCE CANVASSING ELECTION RETURNS OF THE BOND ELECTION HELD ON FEBRUARY 24, 1996 AND PROVILNG FOR AN EFFECTIVE DATE. Biles motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 2. The Council considered appointments to the Diversity Task Force. Council Member Krueger appointed Teri Rheault to the Diversity Task :'once. The Council reconvened into a Closed Meeting to discuss the following: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT !:ODF Sec. 551.072 1. Discussed 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 Apends Nv. _ - --Iq City Of Denton City Council Minvtes AQendp Item February 27, 1996 Date Page 14 1. Discussed the appointment and evaluation of the applicants for the position of City Manager. With no further business, the meeting was adjourned. BOB CASTLEBMY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DAMN, TEXAS ACCO02FO it CITY OF DENTON CITY COUNCIL MINUTES y . D March 5, 1996 Adondo No. The Council convened into a Closed Meeting on Tux Ife-Mar 1996 at 5:45 p.m. In the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Legal Matters Under TEX. GOVT CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 i 1. Discussed the acquisition of property for expansion j of the city's landfill. C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, March 5, 1996 at 7:00 p.m. In the Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Coun:.il Members Cott, Krueger, ?tiller and Young. ABSENT: Council Member Brock 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance. Mayor Castleberry presented Yard of the Month Awards to: Council Member Brock joined the meeting. Zeke and Bettye Martin Bob and Dianne Edmondson Kwick Kar Lub and Tune of Denton 2. The Council considered approval of the minutes of October 10, 17, and 24, 1995. Biles motioned, Brock seconded to approve the minutes as presented. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry Ilaye". Motion carried unanimously. 3. Citizen Reports A. The Council received a citizen rfport from Willie Hudspeth regarding meeting times for City Boards and Commissions. I a f City of Denton City Council Minutes March 5, 1996 PagG 2 ApenQa N0, Agenda 18M Mr. Hudspeth was not present at the meeting, Oate B. The Council received a citizen report from Michael Birlin regarding shifting political power to Denton. Mr. Birlin stated that he was running for the Texas House of Representatives-District 65 as a write-in candidate. He was seeking the candidacy as the incumbent was not serving the interests of the District and especially the City of Denton. The h position was one of service to the people and not for oneself. His campaign was about saving education, jobs and reforming insurance. C. The Council received a citizen report from Dorris Ebrahimi regarding opening a driveway at 406 N. Bell. Ms. Ebrahimi was not present at the meeting, 4, Public Hearings A. The Council held a public hearing and considered adoption of an ordinance amending sections 35-76 and 35-77 of the Code of Ordinances to allow temporary uses on a permit basis. (The Flanning and Zoning Commission recommended approval, 5-0.) Harry Persuad, Senior Planner, stated that this ordinance authorized the Building Official to permit certain temporary uses, it would allow the permitting of events of public interest for 21 days such as concerts, carnivals, circuses. The ordinance would also allow the Building Official to issue a permit for Christmas tree sales and the establishment of temporary concrete and asphalt batching plants in all residential districts. The ordinance would adopt certain provisions from the Texas Natural Resources Conservation Commission. Those applicants would have to furnish the City a letter indicating that they had met all requirements and exempting them from TNRCC requirements. The Mayor opened the public hearing. Wayne Allen stated that he was in favor of the proposal. This was an appropriate time to address the issue of temporary use permits as there currently was no provision for such events. The Mayor closed the public hearing. Council Member Cott stated that he disagreed with the proosed ordinance because of the language dealing with a concrete/asphalt plant. He could not see an asphalt plant on residential property. Persuad stated that they had received information from individuals in this industry who indicated that these plants were very expensive and would not want them on one site for a long period of a A F Y, City of Denton city council Minutes March 5, 1996 A,, Na,.~ © ^ Page 3 AQenda Item _ Date ^ time. The plants were only there to do a project and then removed. It was felt that it was better to do that than to have the trucks continually coming and leaving the construction site. These plants were allowed by the TNRCC which had an enforcement mechanism for withinltheg Citthese y plants. help from This would help promote the State with enforcement. Council Member Cott stated that several years ago there was a proposal to put a batch plant on Highway 360. He did not want such a plant near his home. P ersuad stated that these plants would not be allowed on a permanent regulation basis. onl The plant permitted under the temporary not for another only provide materials for that one project and project. It was not intended to be permanent in any way or to facilitate development on another site. The ordinance provided the Building Official with the authority to revoke a permit if information on the application was not accurate. Council Member Miller stated that the ordinance would still require an exception to the noise ordinance and an exception for hours of operation for those events such as a carnival. Persuad replied correct and that a batch plant would still have to comply with the construction ordinance. The exception to the noise ordinance would still have to be approved. The following ordinance was considered: NO. 96-047 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTIONS 35-76 AND 35-77 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AND CREATING DIVISION SIX OF ARTICLE III OF CHAPTER 35 TO ALLOW TEMPORARY USES ON A PERMIT BASIS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Young motioned, Krueger seconded to adopt the ordinance. Mayor Pro Tem Biles stated that there were two aspects of this proposal. One was to have a mechanism in place to streamline the process for a temporary use permit. The temporary use for a concrete/asphalt batch plant would eliminate the need to transport the materials from miles away and having the very heavy trucks possibly damage the city streets. Council Member Brock asked about the special events section which indicated a maximum duration of the permit. She asked how that would effect events on the Square in which certain events were on- x e' City of Denton city council Minutes March 5, 1996 Agenda Nok__o f--l- Page 4 Agenda tam Date - I - going. Would Main Street have to get a permit everytime they had an event. Persuad stated that the Square was in the Central Business District and based on the current zoning ordinance provision, outdoor commercial amusements were allowed in the CBD. The ordinance in no way effected the regularity or number of events in the CBD. The current zoning provisions allowed, by right, commercial amusements in the Central Business District. On roll vote of the motion to adopt the ordinance, Miller Playell, Young "aye", Cott "nay", Krueger $'aye", Brock "aye", Biles "al-e", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. B. The Council held a public hearing and considered adoption of an ordinance rezoning 5.4912 acres from the Single Fanily 7 (SF- 7) and Multi-Fam.-Ay 1 (MF-1) zoning districts and use classifications to the Light Industrial Conditioned (LI(cJ) zoning district and use classification. The subject property was located on the south side of McKinney Street, approximately 1,000 feet west of Woodrow Lane. (The Planning and Zoning commission recommended approval, 5-0.) Frank Robbins, Director for Planning and Development, stated that this was an expansion of the zoning which was in the area since 1989. A legal opinion presented to the Council in 1992 stated that the city could not prevent the County from making the relocation or using the property for any other County purposes unless the City could show that use of the property would be unreasonable. The Planning and Zoning commission recommended that the use would be reasonable for the County's court complex and recommended approval. 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. 96-048 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) AND MULTI-FAMILY i (MF- 1) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATIONS TO THE LIGHT INDUSTRIAL CONDITIONED (LI(c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.4912 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF MCKINNEY, APPROXIMATELY 1,000 FEET WEST OF WOODROW; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. F 1 Y1 City of Denton City Council Minutes March 5, 1996 Agenda No. Page 5 Agenda Ite Dater Krueger motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye". Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 5. Consent Agenda Mayor Castleberry requested that Bid 11874 be pulled for a separate vote. Brock motioned, Biles seconded to approve the Consent Agenda except for Bid 11874. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. On roll vote for Bid 11874,Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye" , Biles "aye", and Mayor Castleberry "nay". Motion carried with a 5-2 vote. A. Bids and Purchase Orders: 1. Bid 11863 - Hydraulic Excavator 2. Bid 11865 - Refuse Containers 3. Bid 11874 - Fire Fighting Equipment 4. Bid 11849 - Scripture Street 20" and 8" water lines 5. Bid 11857 - Underground Electrical Construction 6. Bid 11859 - Denton Municipal Airport Runway 35 Approach Clearing 7. Change Order - RFSP 11738 - MIS System to IBM 8. Check Request - F & A Officer, USAED, Ft. Worth B. Interlocal Agreements 1. City of Hickory Creek - Ambulance Services 2. Town of Shady Shores - Ambulance Services 6. Consent Agenda Ordinances Biles motioned, Brock seconded to adopt the Consent Agenda Ordinances 6.A. - 6.D. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 96-049 AN ORDINANCE AG^EPTING 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 EFFZCTIVE DATE. (5.A.1. - Bid 11863, 5.A.2. - Bid 118650 5.A.3. - Bid 11874) N ' F s, City of Denton City Council Minutes March 5, 1996 -~IQ Page 6 Apands Nn, L - W9 Apends Ita B. NO. 96-050 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACT FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.4. - Bid 01849, 5.A.5. - Bid !41857, 5.A.6. - Bid 11859) C. NO. 96-051 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND IBM CORPORATION; PROVIDING FOR AN INCREASE IN THE CONTRACT PRICE; AND PROVIDING AN EFFECTIVE DATE. (5.A.7. - RFSP 11738) D. NO. 96-052 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE ANNUAL PAYMENT BY THE CITY OF DENTON FOR WATER SUPPLY AT RAY ROBERTS TO F & A OFFICER, USAED, FT. WORTH DEPARTMENT OF THE ARMY CORPS OF ENGINEERS; AND PROVIDING AN EFFECTIVE DATE. (5.A.8.) 7. Consent Agenda Resolutions Krueger motioned, Young seconded to approve the Consent Agenda Resolutions 7.A. - 7.B. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. R96-009 I A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWE:3N THE CITY OF DENTON AND THE CITY OF HICKORY CREEK FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. B. NO. R96-010 A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. 8. Ordinances A. The Council considered adoption of an ordinance granting, pursuant to Section 20-1 (c)(2) of the Code of Ordinances of the City of Denton, Texas, an exception to the limitations imposed by that section with respect to hou-s of operation of an amplicied loudspeaker system. (Denton Festival Foundation) l Y♦f C i1 t Agenda No.1~ - l7/ 9 _ Agenda item i -6 - Date ^ " -9 SECTIOMIV. 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. SECTIONY. 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: coxrttACr.noc i DATE: MAY 7, 1996 CITY COUNCIL REPORT 96 - b Ager~3a No, TO: Mayor and Members of the City Council Agenda Item )16 Date FROM: Rick Svehla, Acting City Manager SUBJECT: BID N1890 - WILLOWWOOD STREET SIDEWALK RECOMMENDATION: We recommend this bid be awarded to the lowest bidder, Floyd Glenn Smith Concrete Contractor, in the amount of 537,046.00. SUMMARY; This bid is for the construction of approximately 2,353 feet of four (4) feet wide sidewalk along Willowwood Street from Wisteria Street west to McCormick Street. i Included in the construction is the approximate 2,353 feet of sidewalk, 150 feet of curb, gutter and driveway removal, 170 cu. yards of excavation, 100 feet of toe wall and header wall, 934 square yards of hydromulch, fence relocation, asphalt patch and other associated activities. BACKGR01INDt Tabulation Sheet PROGRAMS.DEPARTMErIUOKGROURSAFEECTEIL City of DentonStreet/En&eering Division and the Citizens of Denton. FISCAL IMPACT- This project is funded from the CIP budget funds. Originally 544,600.00 had been budgeted for this project; account 1#446-020-SWLK-9277-9152. Respectfully submitted: PckSvAehla 4&A-1'- Acting City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 731.AQENDA si ro, sc{ BID Ji 1890 Floyd Glenn Ed A. Wilson Inc. 4Thaten Bldg. & D B R ~BIDNAME Willowood Street Sidewalk Smith iMainteaance fConstrnctioo I` . OPEN DATE April 23,1996 - - DESCRIPTION VENDOR VENDOR _ VENDOR. VENDOR. VENDOR VENDOR_-- _ VENDOR M QTY Total Bid S37,046.00 $42,894.00 549,708.77 $77,764.00 yes Bid Bond Enclosed? yes yes yes I. Addeadam Acknowledged yes yes yes yes Z o e ~~o i 5 r Agenda ND.-2L-a& Agenda Item Date - ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR PERMIT FEES TO TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contractual agreements with Texas Natural Resources Conservation Commission (TNRCC), the City of Denton is required to the pay Solid Waste Landfill Permit Fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such permit fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIOPIL That the expenditure of funds in the amount of 524,573.75 to be paid to Texas Natural Resources Conservation Commission (TNRCC), is hereby authorized. SECTIONIL 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: M. ORD DATE: MAY 1, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council Agenda No. Agenda Item FROM: Rick Svehla, Acting City Manager Date 15; - - R (4- SUBJECT: CHECK REQUEST - TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC) RECOMMENDATION. We recommend this check request to TNRCC be approved in the amount of $24,573.75. SUMMARY: This request and invoice dated April l4, 1996, are for payments to the TNRCC to maintain our Solid Waste Landfill Permit. The amount represents our second quarter of 1996 payment. The amount is calculated on a specific price per ton ($1.25) of refuse dumped in the City of Denton Landfill. BACKGROUND. Check Request dated 4-18-96 and Invoice from TNRCC dated 4.14-96. PROGRAM"FXARTMFNTS_OgOROITSAF.EECTF.D. Solid Waste Landfill Operations FISCAL, IMPACT.- This invoice will be paid from 1995/96 budget funds set aside for fees and permits; account #630-024-0803-8982. Respectfully submitted: Rick Svehia Acting City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 732. AGENDA ?y CHECK REQUISITION-VOUCHER Agenda No.j&__Qa__. Agenda IIemJ_t C Ogle PAY TO: _ CHECK NUMBER Texas Natural P.esources Conservation Commission P. 0. Box 13089 $24,573.75 AMOUNT Austin, Texas 78711-3089 solid Waste/Landfill 0803 DEPARTMEM 4/18/96 DATE INVOICE DATE, NUMBER ANOM EXPLANATION ACCT. N0. NET INV. AMT. Reference - SWD0004005 Permit 0000001590 FY96 02 30-024-0803-8982 $24,573.75 ORDINANCE E 94-051 Accounting) Please send ch*ck to Reba Bishop in Solid West. TOTAL $24,573.75 THE ABOVE HAS BEEN REVIEWED ANA RECOMMENDATION FOR BILLING 14 MADE BY THE UNDERSIONED. ACCOUNT" AHIWA► BMNATUM CM YANAaEA APPAL DIMCTOR Of PINANCE APP"AI. Y its j q BILLING DATE: APR 14, 96 ACCOUNT NO. BALANCE DUE GATE DUE DETACH THIS PORTION AND RETURN WITH CHECK OR MONEY ORDER PAYABLE T0: 0708496 ?4.573.75 MAY 13, 96 ❑ CHECK HERE IF YOUR ADDRESS HAS CHANGED. F1 F1 TEXAS NATURAL RESOURCE PLEASE INDICATE ADDRESS CHANGE ON BACK. CONSERVATION COMMISSION EINJOICES NOT PAID BY DUE DATE ILL ACCRUE PENALTIES. genua No. DENTON, CITY OF Agenda Item - SOLID WASTE SUPT. Date 5- 215 E MCKINNEY ST DENTON TX 76201 0000708496 0273581 00024573750513968 TEXAS NATURAL RESOURCE CONSERVATION COMlIIISSI PAGE I f•ON" DETACH TOP PORTION AND RETURN WITH PAYMENT- KEEP BOTTOM PORTION FOR YOUR RECORDS APR14,96 SWD0004005 PERMIT 0000001590 FY96 Q2 in 3.75 24,573.1 SOLID WASTE FEE FOR TECHNICAL QUESTIONS - CALL ELVIS ESPARZA AT 512-239-6700. I 11~1 III, ''ill ACCOUNT NO. TA N LE ALL AY LATE FEES BALANCE DUE RECEIVED THROUGH 0708496 APR09t96 0.00 24,573.7', BILLING DATE: APR 14 , 96 See REVERSE SIDE for Explanation of Charges PLEASE PAY THIS AMOUNT * * 1 and TNRCC Contact Telephone Numbers. If you nave questions after reading the Insert BY MAY 13 , 96 - INCLUDE e F I L910 -0/ 9 A~etttla Mo. . Agenda item Dale_ 5' 9 b- Calms OI DEMON, TEXAS MUNICIPAL BUILDING 8 215 E McKINNEYa DENTON, TEXAS 76201 (817) 566-8200 • DFW METRO 434.2529 MEMORANDUM DATE: April 17, 1996 TO: Rick Svehla, Acting City Manager FROM: Harlan Jefferson, Director Fiscal Operation/ES SUBJECT: UTILITY SYSTEM REVENUE BONDS, SE 1996 AND UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIFS 1996A On May 7, 1996, David Medanich from First Southwest Company and L.E. (Ted) Brizzolara, III from McCall, Parkhurst and Horton will open the bids we receive regarding the City of Denton's Utility System Revenue Bonds, Series 1996 and Utility System Revenue Refunding Bonds, Series 1996A. The process of opening seated bids publicly and tabulating them before the City Council is required by the City Charter. Approximately $36,750,000 in Utility System Revenue Refunding Bonds are being issued primarily for prepayment of contract amounts due for "present" water supply, recreation and greenbelt debt. The interest on the current debt is accruing at a 7.21 % interest rate. We estimate that the interest rate cost for the bonds will be approximately 6.04% per annum and generate present value savings of approximately $7,500,000 over the life of the debt. In addition, the refunding will also shorten the debt payment term by twenty-three years, with the final payment in 2024 versus 2047. The Revenue Bonds will provide funs of $2,750,000 for 9 separate Waste Water projects. All of the projects were approved in the 1996-2000 Capital Improvements Program (CIP). "Dedicared ro Quality Service" u F r. Agenda No. Agenda Items Data S- '"1- 9 Co Memo to Rick Svehla April 17. 1996 Page 2 The specific listing of projects to be funded is as follows: DESCRIPTION PROJECTED COST Land Purchase 3 600,000 Oversized sewer lines 100,000 Infiltration in-flow correction 175,000 Cooper Creak lift station 275,000 Denton West Force Main 45,000 Cooper Creek Upgrade Interceptor & Ill 525,000 Barrow Lift Station 160,000 Hwy. 377/380 sewer line relocation 815,000 Covered service vehicle parking 55,000 TOTAL $2,760,000 Attached is a copy of the appropriate ordinance authorizing the issuance, sale, and delivery of the City of Denton Utility System Revenue Bonds, Series 1996 and Utility System Revenue Refunding Bonds, Series 1996A. If you have any questions, or need more specific information, please advise. HJ:hs Attachment AM 1187 4 Y F i Agenda No.~~°__ ORDINANCE NO. 96- Agenda Item Data ORDINANCE AUTHORIZING THE ISSUANCE, SALE, AND DELIVERY OF CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, SERIES 1996 AND CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BONDS, SERIES 1996A, AND APPROVING AND AUTHORIZING INSTRUMENTS AND PROCEDURES RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON WHEREAS, the City of Denton, Texas, heretofore has duly issued the following revenue bonds: City of Denton Utility System Revenue Refunding Bonds, Series 1987, dated January 1, 1987; City of Denton Utility System Revenue Bonds, Series 1988, dated August 1, 1988; City of Denton Utility System Revenue Bonds, Series 1989, dated October 1, 1989; City of Denton Utility System Revenue Bonds, Series 1992, dated March 1, 1992; City of Denton Utility System Revenue Bonds, Series 1993, dated March 1, 1993; City of Denton Utility System Revenue Refunding Bonds, Series 1993-A, dated June I, 1993; and City of Demon Utility System Revenue Refunding Bonds, Taxable Series 1993-B, dated June 1, 1993; WHEREAS, the City Council of the City of Denton deems it necessary and advisable to authorize, issue, and deliver the additional Utility System Revenue Bonds hereinafter described; and WHEREAS, the Series 1996 Bonds hereinafter authorized and described are to be issued, sold and delivered pursuant to Vernon's Ann. Tex. Civ. Arts, 2368a and 111 I through 1 118, the City's Home Rule Charter, and other applicable laws; and WHEREAS, the Series 1996A Bonds hereinafter authorized and described are to be issued, sold, and delivered pursuant to Vemon's Ann. Tex. Civ. St, Art. 717k, the City's Home Rule Charter, and other applicable laws, NOW, THEREFORE Y 4 S A0ind1 Nv, ] ~ Agenda Ifern 0at4 sg~_ THE COUNCEL OF THE CITY OF DENTON HEREBY ORDAINS: Section 1. AMOUNT AND PURPOSE OF THE BONDS. (a) The bond or bonds of the City of Denton, Texas (the "Issuer") are hereby authorized to be issued and delivered in the aggregate principal amount of $2,750,000, for the purpose of providing for improvements and extensions of the City of Denton Utility System, which consists of the City's Combined Waterworks, Sewer, and Electric Light and Power System, and shall be designated "City of Denton Utility System Revenue Bonds, Series 1996" (the "Series 1996 Bonds"). (b) The bond or bonds of the Issuer are hereby authorized to be issued and delivered in the aggregate principal amount of $ for the purpose of providing $ for refunding and prepaying certain obligations of the Issuer pursuant to a "Contract between the United States of America and the City of Denton, Texas, for water storage spaces in Aubrey and Lewisville Lakes, Texas", and providing $for deposit into a reserve fund and to pay a portion of the cost of issuing said bondr, and shall be designated "City of Denton Utility System Revenue Refunding Bonds, Series 1996A" (the "Series 1996A Bonds"). Section 2. DESCRIPTION OF THE BONDS. (a) With respect to the Series 1996 Bond, initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Series 1996 Bond"), but the Initial Series 1996 Bond may he assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Series 1996 Bonds" as used in this Ordinance shall mean and include collectively the Initial Series 1996 Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Series 1996 Bond" shall mean any of the Series 1996 Bonds. (b) With respect to the Series 1996A Bond, initially there shall be issued, sold, and delivered hereunder a single fully registered bond, without interest coupons, payable in installments of principal (the "Initial Series 1996A Bond"), but the Initial Series 1996A Bond may be assigned and transferred and/or converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, having serial maturities, and in the denomination or denominations of $5,000 or any integral multiple of $5,000, all in the manner hereinafter provided. The term "Series 1996A Bonds" as used in this Ordinance shall mean and include collectively the Initial Series 1996A Bond and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Series 1996A Bond" shall mean any of the Series 1996A Bonds. (c) the term "Initial Bonds" as used in this Ordinance shall mean and include collectively the Initial Series 1996 Bond and the Series 1996A Bond, the term "Bonds" as used in this Ordinance shall mean and include collectively the Initial Bonds and all substitute bonds exchanged therefor, as well as all other substitute bonds and replacement bonds issued pursuant hereto, and the term "Bond" shall mean any of the Bonds. 2 is I i f , 2 ( CL Agenda No. Agenda !temp Date_6_~_ _ Section 3. INITIAL DATE, DENOMINATION, NUMBER, MATURITIES, INITIAL REGISTERED OWNER, AND CHARACTERISTICS OF THE INITIAL BONDS. (a) (i) The Initial Series 1996 Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MAY I, 1996, in the denomination and aggregate principal amount of $2,750,000, numbered R-1, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Series 1996 Bond or any portion or portions thereof (in each case, the "registered owner"), with the annual installments of principal of the Initial Series 1996 Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL SERIES 1996 BOND set forth in this Ordinance. (ii) The Initial Series 1996A Bond is hereby authorized to be issued, sold, and delivered hereunder as a single fully registered Bond, without interest coupons, dated MAY I, 1996, in the denomination and aggregate principal amount of S , numbered R- I, payable in annual installments of principal to the initial registered owner thereof, to-wit: or to the registered assignee or assignees of said Series 1996A Bond or any portion or portions thereof (ieach case, the "registered owner"), with the annual installments of principal of the Initial Series 1996A Bond to be payable on the dates, respectively, and in the principal amounts, respectively, stated in the FORM OF INITIAL SERIES 1996A BOND set forth in this Ordinance. (b) The Initial Bonds (i) may and shall be prepaid or redeemed prior to the respective scheduled due dates of installments of principal thereof (ii) may be assigned and transferred, (iii) may be converted and exchanged for other Bonds, (iv) shall have the characteristics, and (v) shall be signed and sealed, and the principal of and interest on the Initial Bonds shall be payable, all as provided, and in the manna required or indicated, in the FORMS OF INITIAL BONDS set forth in this Ordinance. Section 4. INTEREST. The unpaid principal balance of the Initial Bonds shall bear interest from the date of each Initial Bond to the respective scheduled due dates, or to the respective dates of prepayment or redemption, of the installments of principal of the Initial Ponds, and said interest shall be payable, all in the manner provided and at the rates and on the dates stated in the FORMS OF INITIAL BONDS set forth in this Ordinance. 3 u h Agenda No. Agenda Item Date Section 5. FORM OF INITIAL BONDS. The forms of the Initial Bonds, including the form of Registration Certificate of the Comptroller of Public Accounts of the State of Texas to be endorsed on the Initial Bond, shall be substantially as follows: FORA OF INITIAL SERIES 1996 BOND NO. R- S UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DEN'TON CITY OF DENTON UTILITY SYSTEM REVENUE BOND SERIES 1996 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of S ( DOLLARS) in annual installments of principal due and payable on December I in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL YEAR A,M OUNI YEAR AMOUNT 1997 $75,000 2007 $135,000 1998 80,000 2008 140,000 1999 85,000 2009 150,000 2000 90,000 2010 160,000 2001 95,000 2011 170,000 2002 100,000 2012 180,000 2003 105,000 2013 190,400 2004 II>,000 2014 200,000 2005 120,000 2015 210,000 2006 125,000 2016 225,000 4 J l F Agenda ko. Agenda item 1 Date ' and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: per annum on the above installment due in 1997 per annum on the above installment due in 1998 per annum on the above installment due in 1999 per annum on the above installment due in 2000 per annum on the above installment due in 2001 i% per annum on the above installment due in 2002 per annum on the above installment due in 2003 per annum on the above insta?ment due in 2004 per annum on the above instalment due in 2005 per annum on the above installment due in 2006 per annum on the above installment due in 2007 per annum on the above installment due in 2008 per annum on the above installment due in 2009 per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 per annum on the above installment due in 2016 with said interest being payable on December 1, 1996, and semiannually on each June 1 and December 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided, and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. 5 Y e Atitlnxll No, ` Agenda Item Date IF THE DATE for the payment of the principal of or interest on tfds Bond shall be a Satur ay, - Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which barking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $2,750,000, for the purpose of providing for improvements and extensions of the City of Denton Utility System, which consists of the City's Combined Waterworks, Sewer, and Electric Light and Power System. ON DECEMBER 1, 2005, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due pro rision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest aRer the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such trensfer, this Bond must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar 6 Apanda No. A46nda 1t6m maybe used to evidence the assignment of this Bond or any such portion ortportions ereo y e initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof. The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity date), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the bonds issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect (hereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. 7 ti Ago loci No" AgendaaIItem IT IS HEREBY certified, recited, and covenanted that this Bond h Date en duly and vary authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the tight, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond. THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. TIM REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated May 1, 1996. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) (BOND INSURANCE LEGEND, IF ANY) 8 i Agenda No.~ ' Q FORM OF REGISTRATION CERTIFICATE OF TI-tE_ Agenda Item COMPTROLLER F PUBLIC ACCOUNTS: Date COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the Staatete ofofTexasTexas., and that this Bond hay been registered by the Comptroller of Public Accounts of the St Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) FORM OF 1N1TI 1 CRRIES 1996 BONQ NO. R-_ S UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BOND SERIES 1996A THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Bond or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of DOLLARS) in annual installments of principal due and payable on December I in each of the years, and in the respective principal amounts, as set forth in the following schedule: 9 l; Z Ap°nd° Nu, Agenda !tern PRINCIPAL PRINt; YEAR AMOUNT YEAR AMOUNT 1996 $1,115,000 2011 51,140,000 1997 1,260,000 2012 1,210,000 1998 490,000 2013 1,280,000 1999 525,000 2014 1,360,000 2000 565,000 2015 1,445,000 2001 610,000 2016 1,535,000 I 2002 655,000 2017 1,625,000 2003 700,000 2018 1,730,000 2004 755,000 2019 1,835,000 2005 810,000 2020 1,950,000 2006 865,000 2021 2,070,000 2007 910,000 2022 2,200,000 2008 960,000 2023 2,335,000 2009 1,015,000 2024 2,485,000 2010 1,075,000 and to pay interest, from the date of this Bond hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows: per annum on the above installment due in 1997 per annum on the above installment due in 1998 per annum on the above installment due in 1999 per annum on the above installment due in 2000 per annum on the above installment due in 2001 per annum on the above installment due in 2002 per annum on the above installment due in 2003 per annum on the above installment due in 2004 per annum on the above installment due in 2005 Y% per annum on the above installment due in 2006 per annum on the above installment due in 2007 per annum on the above installment due in 2008 per annum on the above installment due in 2009 per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 per annum on the above installment due in 2016 per annum on the above installment due in 2017 per annum on the above installment due in 2018 per annum on the above installment due in 2019 per annum on the above installment due in 2020 i 10 4 i Aaando No, ^ V Agenda ltam per annum on the above installment due in 2021 Dafe 1.~ ' per annum on the above installment due in 2022 per annum on the above installment due in 2023 per annum on the above installment due in 2024 with said interest being payable on December 1, 1996, and semiannually on etch June 1 and December 1 thereafter while this Bond or any portion hereof is outstanding and unpaid. Said interest shall be calculated on the basis of a 360-day year composed of twelve 30-day months. THE INSTALLMENTS OF PRINCIPAL OF AND THE INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Bond are payable to the registered owner hereof through the services of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agentllt*strar" for this Bond. Payment of all principal of and interest on this Bond shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check, dated as of such date, drawn by the Paying AgaWlkegistrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Bond (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided, and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof; at the address of the registered owner, as it appeared on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Bond that on or before each principal and/or interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" maintained pursuant to the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this Bond, when due. 1F THE DATE for the payment of the principal of or interest on this Bond shall be Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of S_ , for the purpose of providing S for refunding and prepaying certain obligations of the Issuer pursuant to a "Contract between the United States of America and the City of Denton, Texas, for water storage spaces in Aubrey and Lewisville Lakes, Texas", and providing $ for deposit into a reserve fund and to pay a portion of the cost of issuing the Bonds. ON DECEMBER 1, 2005, or on any date whatsoever thereafter, the unpaid installments of principal of this Bond may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, with funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Bond to be prepaid or redeemed shall be selected and designated by the ll J } r~ v 1 Agenda No-69 Agenda item I Issuer (provided that a portion of this Bond may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption I AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Bond or the portion hereof which is to be so prepaid or redeemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Bond, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Bond or any portion hereof. THIS BOND, to the extent of the unpaid or unredeemed principal balance hereof, or any unpaid and unredeemed portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in tFe capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinan,;e. Among other requirements for such transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Bond, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments of assignment satisfactory to the Paying Agent/Registrar may be used to evidence the assignment of this Bond or any such portion or portions hereof by the initial registered owner hereof. A new bond or bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Pond or Bonds) or to the initial registered owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Registrar ir, conversion of and exchange for this Bond or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Bond or any portion hereof The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agenb'Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Bond Ordinance, this Bond, to the extent of the unpaid or unredeemed principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered 12 Y. :<t r 1 .'a r' Agenda No, ' r5 Agenda Item Date- A-" "1' 9 CA owner as to any portion of this Bond which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute bond issued in exchange for any portion of this Bond shall have a single stated principal maturity da;e), upon surrender of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. If this Bond or any portion hereof is assigned and transferred or converted each bond issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Bond or portion hereof for which the substitute bond is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. Such bonds, respectively, shall be subject to redemption prior to maturity on the same dates and for the same prices as the corresponding installment of principal of this Bond or portion hereof for which they are being exchanged. No such bond shall be payable in installments, but shall have only one stated principal maturity date. AS WOVIDED IN THE BOND ORDINANCE, THIS BOND IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the b,)nes issued and delivered in exchange for this Bond or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrals standard or customary fees and charges for transferring, converting, and exchanging this Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for prepayment or redemption prior to maturity, within 45 days prior to its prepayment or redemption date. IN THE EVENT any Paying Agent/Registrar for this Bond is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Bond. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, .xisted, and been done in accordance with law; that this Bond is a special obligation of tbr, Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System" as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinar.;e, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond. 13 l Agenda No.~l.~lLL-- Apenda I Data 6 5 THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. ' BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded arid available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between the registered owner hereof and the Issuer, IN WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Bond, and has caused this Bond to be dated May 1, 1996. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) (BOND INSURANCE LEGEND, IF ANY) FORM OF REGISTRATION CERTIFICATE OF THE COMPTROLLER OF PUBLIC ACCOUNTS: COMPTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO, 1 hereby certify that this Bond has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Bond has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) 14 N t Agenda No.~ Agenda It . q Section 6. ADDITIONAL CHARACTERISTICS OF THE BONMebn-ai>d~- Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Bonds (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under such reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Bond to which payments with respect to the Bonds shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent,'Registrar, but otherwise the Paying Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Bond may be transferred in the Registration Books only upon presentation and surrender of such Bond to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing (i) the assignment of the Bond, or any portion thereof in any integral multiple of $5,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Bond or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Bond or any portion thereof, a new substitute Bond or Bonds shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Bond, to the extent of the unpaid or unredeemed principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Bonds issued and delivered in conversion of and exchange for the Initial Bond shall be in any denomination or denominations of any integral multiple of S5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated principal maturity date), shall be in the for m prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Bond or any portion thereof is assigned and transferred or converted the Initial Bond must be surrendered to the Paying Agent/Registrar for cancellation, and each Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shall not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If only a portion of the Initial Bond is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Bonds in exchange for the unassigned balance of the Initial Bond in the same manner as if the initial registered owner were the assignee thereof. If any Bond or portion thereof other than the Initial Bond is assigned and transferred or converted each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is exchanged. A form of assignment shall be printed or endorsed on each Bond, excepting the Initial Bond, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Bonds or any portion or is V Y' Agennr Ne, & Jat ~~saw Agenda Ite Date portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Bond or Bonds, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Bond or Bonds), or to the previous registered owner in case only a portion of a Bond is being assigned and transferred, all in conversion of and exchange for said assigned Bond or Bonds or any portion or portions thereof; in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Bonds by any registered owner of a Bond. The Issuer I shall pay the Paying Agent/Registraes standard or customary fees and charges for making such trans- fer and delivery of a substitute Bond or Bonds, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Bond or any portion thereof (r) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. (b) Ownership of Bonds. The entity in whose name any Bond shall he registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Bond shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of, the principal of, premium, if any, and interest on any such Bond shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Bond to the extent of the sum or sums so paid, (c) Payment of Bonds and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Bonds, and to act as its agent to convert and exchange or replace Bonds, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Bonds, and of all conversions and exchanges of Bonds, and all replacements of Bonds, as provided in this Ordinance. (d) Conversion and Exchange or Reptacementh Authentication. Each Bond issued and delivered pursuant to this Ordinance, to the extent of the unpaid or unredeemed principal balance or principal amount thereof, may, upon surrender of such Bond at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying Agent/Registrar, may, at the option of the registered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered bonds, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE BOND set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Bond shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid or unredeemed principal balance or principal amount of any Bond or Bonds so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Bond is assigned and transferred or 16 J F Agenda No. 16P Agendas W. Date converted each substitute Bond issued in exchange for any portion of the Initial Bond shall have a single stated principal maturity date, and shag not be payable in installments; and each such Bond shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Bond is being exchanged; and each such Bond shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged. If a portion of any Bond (other than the Initial Bond) shall be redeemed prior to its scheduled maturity as provided herein, a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in the denomination or denominations of any integral multiple of $5,000 at the request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon surrender thereof for cancellation. If any Bond or portion thereof (other than the Initial Bond) is assigned and transferred or converted, each Bond issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Bond for which it is being exchanged. Each substitute Bond shall bear a letter and/or number to distinguish it from each other Bond. The Paying Agent/Registrar shall convert and exchange or replace Bonds as provided herein, and each fully registered bond delivered in conversion of and exchange for or replacement of any Bond or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Bonds for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Bond authenticated in conversion of and exchange for or replacement of another Bond on or prior to the first scheduled Record Date for the Initial Bond shall bear interest from the date of the Initial Bond, but each substitute Bond so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Bond was so authenticated, unless such Bond is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of delivery of any substitute Bond the interest on the Bond for which it is being exchanged is due but has not been paid, then such Bond shall bear interest from the date to which such interest has been paid in full. THE INITIAL BOND issued and delivered pursuant to this Ordinance is not required to be, and shall not be, authenticated by the Paying Agent/Registrar, but on each substitute Bond issued in conversion of and exchange for or replacement of any Bond or Bonds issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative" 17 y Agenda No, Agenda t An authorized representative of the Paying Agent/Registrar shall, before thetdelivery of any such Bond, date and manually sign the above Certificate, and no such Bond shall be deemed to be issued or outstanding unless such Certificate is so executed. The Paying cancel all Bonds surrendered for conversion and exchange or replacement. No additional o ditrtan hall orders, or resolutions need be passed or adopted by the governing body of the Issuer or any other body or person so as to accomplish the foregoing conversion and exchange or replacement of any Bond or portion thereof, and the Paying Agent/Registrar shalt provide for the printing, execution, and delivery of the substitute Bonds in the manner prescribed herein, and said Bonds shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex, Civ. St. Art. 717k_6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Bonds as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registrar's Authentication Certificate, the converted and exchanged or replaced Bond shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Bond which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Payin A en required to make any such conversion and exchange or re acement of g all not be (i) during the period commencing with the close of business on any RecorBonds d Date r any portion thereof opening of business on the next following principal or interest a and ending with the any Bond or portion thereof called for redemption prior to maturity, dwrtthinr45'rdays priop of is redemption date. (e) In Gener . All Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Bonds to be payable only to the registered owners thereof, (ii) may and shall be redeemed prior to their scheduled maturities, (iii) may be transferred and assigned, Vv) may be converted and exchanged for other Bonds, (v) shall have the characteristics, (vi) shall be signed and sealed, and (vii) the principal of and interest on the Bonds shall be payable, all as provided, and in the manner required or indicated, in the FORM OF SUBSTITUTE BOND Set forth in this Ordinance. (0 Payment of Fees and C Mes The Issuer hereby covenants with the registered owners of the Bonds that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Bonds, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Bonds, and with respect to the conversion and exchange of Bonds solely to the extent above provided in this Ordinance, (g) Substitut__ a PaQ A6ent/Re strar The Issuer covenants with the registered owners of the Bonds that at all times while the Bonds are outstanding the Issuer will provide a competent and legally qualified b ' ank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Bonds under this Ordinance, and that the Paying 18 --t F y '~f r, Aganda Nd.. Agenda Item Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, Chang e the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior to the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transfer and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating to the Bonds, to the new Paying Agent/Registrar designated and appointed by the lssuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying Agent/Registi ar to each registered owner of the Bonds, by United States mail, first-class postage prepaid, which notice also shall give the address of the new Paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Regis- trar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section 7. FORM OF SUBSTITUTE BONDS. The form of all Bonds issued in conversion and exchange or replacement of any other Bond or portion thereof, including the form of Paying Agent/Registrars Certificate to be printed on each of such Bonds, and the Form of Assignment to be printed on each of the Bonds, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. FORM OF SUBSTITUTE SERIES 1996 BOND NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS $ COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE BOND SERIES 1996 INTEREST MATURITY ORIGINAL DATE RATE DATE OF ISSUE - USIP N0. MAY 1, 1996 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the al amount of istered assignee hereof (either being hereinafter called the registered owner") the princip and to pay interest thereon from May 1, 1996, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being 19 1 F agenda No,~L9 ~ apendz Item Payable on December 1, 1996, and semiannually on each June 1 and December 0~lihere er, exaA~' cep that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. Said interest shall be calculated on the basis ofa 360-day year composed of twelve 30-day months. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the Paying Agent/Registrar" for this Bond. The payment of interest on this Bond shall be made by the paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent(Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described, However, the payment of such interest may be made by any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemp- tion and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated May 1, 1996, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $2,750,000, for the purpose of providing for improvements and extensions of the City of Denton Utility System, which consists of the City's Combined Waterworks, Sewer, and Electric Light and Power System 20 4 1 G i r Agenda Nd AQsnda lam ON DECEMBER 1, 2005, or on any date whatsoever thereafter, the Bonds of this Series mayD be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including, but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Stich notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest alter the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple L;f $5,000, at the written request of the registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, the et er with proper instruments of assignment, in form and with guarantee of signatures satisfactory tog Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such 21 s pteaea N9, ~ al~_~ Agenda Item Date - ` new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes o. other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof O during the period commencing with the close of business on any Record Date and ending ' with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date, The registered owner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIFS are issuable solely as fully registered bonds, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law; that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such 22 i Y Agenda W9' bl pA~genda item terms are defined in the Bond Ordinance, with the System consisting of the Ci s e Zrittfbi?t~h- waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues. THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. W WITNESS WHEREOF, the Issuer has caused this Bond to be signed with the manual or facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond. City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) 23 I• Agenda N6„9 Agenda Item FORM OF PAYING AGFNT/ EGSTRAR'S AUTHENTICATION CERTiFICA PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance described in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative (BOND INSURANCE LEGEND, IF ANY) 24 ~Qa~da No.~~(o Agenda Ilam F F A SIGNMENT: Date ASSIGNMENT FOR VALUE RECEIVED, the undersigned mastered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to (Assignee's Social Security or Taxpayer (Print or typewrite Assignee's name and Identification Number) address, including zip code) and hereby jr evocably constitutes and appoints attorney to transfer the registrat with full power of ion of this Bond on the Paying substitution in the premises Agent/Registrar'sRegisuation Books . Dated: Signature Guaranteed: NOTICE: Signature(s) m- ust''be guaranteed by an eligible guarantor Registered Owna institution participating in a NOTICE: This signature must correspond securities transfer association with the name of the Registered owner recWiud signature guarantee APPearing on the face of this program. every Particular without alteration ovate in { enlargement or any change whatsoever. I I 25 s E r Rytndi Item e FORM OF SUBSTITUTE SERIES 1996A BOND on NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS S COUNTY OF DENTON CITY OF DENTON UTILITY SYSTEM REVENUE REFUNDING BOND SERIES 1996A INTEREST MATURITY ORIGINAL DATE RATE DATE OF ISSUE C IP N0. I % MAY 1, 1996 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being apolitical subdivision of the State of Texas, hereby promises to pay to or to the pal amounts of registered assignee hereof (either being hereinafter called the "registered owner") the princi and to pay interest thereon from May 1, 1996, to the maturity date specified above, or the date of redemption prior to maturity, at the interest rate per annum specified above; with interest being payable on December 1, 1996, and semiannually on each June I and December 1 thereafter, except that if the date of authentication of this Bond is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following interest payment date. Said interest shall be calculated on the basis of a 360-day year composed of twelve 34-day months. THE PRINCIPAL OF AND INTEREST ON this Bond are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Bond shall be paid to the registered owner hereof upon presentation and surrender of this Bond at maturity or upon the date fixed for its redemption prior to maturity, at the principal corporate trust office of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent(Registrar" for this Bond. The payment of interest on this Bond shalt be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check, dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Bonds (the "Bond Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such check shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, on each such interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the 15th day of the month next preceding each such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. However, the payment of such interest may be made by 26 f Agenda Isem - Date any other method acceptable to the Paying Agent/Registrar and requested by, and at the risk and expense of, the registered owner hereof. Any accrued interest due upon the redemption of this Bond prior to maturity as provided herein shall be paid to the registered owner at the principal corporate trust office of the Paying Agent/Registrar upon presentation and surrender of this Bond for redemp- tion and payment at the principal corporate trust office of the Paying Agent/Registrar. The Issuer covenants with the registered owner of this Bond that on or before each principal payment date, interest payment date, and accrued interest payment date for this Bond it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Bond Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Bonds, when due. IF THE DATE for the payment of the principal of or interest on this Bond shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS BOND is one of an issue of Bonds initially dated May 1, 1996, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $ , for the purpose of providing for refunding and prepaying certain obligations of the Issuer pursuant to a "Contract between the United States of America and the City of Denton, Texas, for water storage spaces in Aubrey and Lewisville Lakes, Texas", and providing S for deposit into a reserve fund and to pay a portion of the cost of issuing the Bonds. ON DECEMBER 1, 2005, or on any date whatsoever thereafter, the Bonds of this Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, ►he particular Bonds, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion ofa Bond may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any redemption of Bonds or portions thereof prior to maturity a written notice of such redemption shall be published once in a financial publication, journal, or reporter of general circulation among securities dealers in The City of New York, New York (including but not limited to, The Bond Buyer and The Wall Street Journal), or in the State of Texas (including, but not limited to, The Texas Bond Reporter). Such notice also shall be sent by the Paying Agent/Registrar by United States mail, first-class postage prepaid, not less than 30 days prior to the date fixed for any such redemption, to the registered owner of each Bond to be redeemed at its address as it appeared on the 45th day prior to such redemption date; provided, however, that the failure to send, mail, or receive such notice, or any defect therein or in the sending or mailing thereof, shall not affect the validity or effectiveness of the proceedings for the redemption of any Bond, and it is hereby specifically provided that the publication of such notice as required above shall be the only notice actually required in connection with or as a prerequisite to the redemption of any Bonds or portions thereof. By the date fixed for any such redemption due provision shall be made with the Paying Agent/Registrar for the payment of the required redemption price for the Bonds or 27 V t r 5 Agenda No, t-lc ~t Agenda Item Date portions thereof which are to be so redeemed, plus accrued interest thereon to the date fixed for redemption. If such written notice of redemption is published and if due provision for such payment is made, all as provided above, the Bonds or portions thereof which are to be so redeemed thereby automatically shall be treated as redeemed prior to their scheduled maturities, and they shall not bear interest after the date fixed for redemption, and they shall not be regarded as being outstanding except for the right of the registered owner to receive the redemption price plus accrued interest from the Paying Agent/ Registrar out of the funds provided for such payment. If a portion of any Bond shall be redeemed a substitute Bond or Bonds having the same maturity date, bearing interest at the same rate, in any denomination or denominations in any integral multiple of 55,000, at the written request of& registered owner, and in aggregate principal amount equal to the unredeemed portion thereof, ! will be issued to the registered owner upon the surrender thereof for cancellation, at the expense of Ir the Issuer, all as provided in the Bond Ordinance. THIS BOND OR ANY PORTION OR PORTIONS HEREOF IN ANY INTEGRAL MULTIPLE OF 55,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Bonds, upon the terms and conditions set forth in the Bond Ordinance. Among other requirements for such assignment and transfer, this Bond must be presented and surrendered to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Bond or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Bond or any such portion or portions hereof is or are to be transferred and registered. The form of Assignment printed or endorsed on this Bond shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof A new Bond or Bonds payable to such assignee or assignees (which then will be the new registered owner or owners of such new Bond or Bonds), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Bond, may be delivered by the Paying Agent/Registrar in conversion of and exchange for this Bond, all in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Bonds. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Bond or any portion hereof(i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or any portion thereof called for redemption prior to maturity, within 45 days prior to its redemption date. The registered exwner of this Bond shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Bond to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL BONDS OF THIS SERIES are issuable solely as fully, registered bonds, without interest coupons, in the denomination of any integral multiple of 55,000. As provided in the Bond Ordinance, this Bond, or any unredeemed portion hereof, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered bonds, without interest coupons, payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest 28 V. 4 F Agenda No. Agenda Item Date at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Bond to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Bond Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Bond or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange (i) during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date, or, (ii) with respect to any Bond or portion thereof celled for redemption prior to maturity, within 45 days prior to its redemption date. IN THE EVENT any Paying Agent/Registrar for the Bonds is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Bond Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Bonds. IT IS HEREBY certified, recited, and covenanted that this Bond has been duly and validly authorized, issued, sold, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Bond have been performed, existed, and been done in accordance with law, that this Bond is a special obligation of the Issuer, secured by and payable, together with other bonds, from a first lien on and pledge of the "Pledged Revenues", which include initially the "Net Revenues of the System", as such terms are defined in the Bond Ordinance, with the System consisting of the City's entire combined waterworks, sewer, and electric light and power system. THE ISSUER has reserved the right, subject to the restrictions stated in the Bond Ordinance, I` to issue Additional Bonds payable from and secured by a first lien on and pledge of the "Pledged Revenues" on a parity with this Bond and series of which it is a part. THE ISSUER also has reserved the right, subject to the restrictions stated in the Bond Ordinance, to amend the Bond Ordinance with the approval of the holders or owners of fifty-one percent in principal amount of all outstanding bonds which are secured by and payable from a first lien on and pledge of the Pledged Revenues THE REGISTERED OWNER hereof shall never have the right to demand payment of this Bond or the interest hereon out of any funds raised or to be raised by taxation or from any source whatsoever other than specified in the Bond Ordinance. BY BECOMING the registered owner of this Bond, the registered owner thereby acknowledges all of the terms and provisions of the Bond Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Bond Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Bond and the Bond Ordinance constitute a contract between each registered owner hereof and the Issuer. 29 }T. M F i i Agenda No. Agenda item IN WITNESS WHEREOF, the Issuer has caused this Bond to be sigriO a tan as facsimile signature of the Mayor of the Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Bond, City Secretary, Mayor, City of Denton, Texas City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAWS, AUTHENTICATION CERTIFICATE It is hereby certified that this Bond has been issued under the provisions of the Bond Ordinance descnbed in this Bond; and that this Bond has been issued in conversion of and exchange for or replacement of a bond, bonds, or a portion of a bond or bonds of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative (BOND INSURANCE LEGEND, IF ANY) 30 f Agenda No. FORM OF ASSIGNMENT: Agenda I am Date ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Bond, or duly authorized representative or attorney thereof, hereby assigns this Bond to I I (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number) and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Bond on the Paying Agent/Registraes Registration Books with full power of substitution in the premises. Dated; Signature Guaranteed: NOTICE: Signature(s) must be Registered Owner guaranteed by an eligible guarantor NOTICE: This signature must correspond institution participating in a with the name of the Registered Owner securities transfer association appearing on the face of this Certificate in recognized signature guarantee every particular without alteration or program, enlargement or any change whatsoever. Section 8. DEFINITIONS. As used in this Ordinance the following terms shall have the meanings set forth below, unless the text hereof specifically indicates otherwise: (a) The terms "City" and "Issuer" shall mean the City of Denton, in Denton County, Texas. (b) The term "City Council" or "Council" shall mean the governing body of the City. (c) The term "Bonds" shall mean collectively the Initial Bonds as defined and described in Section 2 of this Ordinance and all substitute bonds exchanged therefor, and all other substitute bonds and replacement bonds, issued pursuant to and as provided in this Ordinance. (d) The term "Parity Bonds" shall mean collectively (i) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1987, authorized by ordinance passed on January 27, 1987 (the "Series 1987 Bonds"), (ii) the outstanding City of Denton Utility System Revenue Bonds, Series 31 1 i Agenda Nu, Agenda Ilem Oale 1988, authorized by ordinance passed on August 2, 1988 (the "Series 1988 Bonds"), (iii) the outstanding City of Denton Utility System Revenue Bonds, Series 1989, authorized by ordinance passed on October 29, 1989 (the "Series 1989 Bonds"), (iv) the outstanding City of Denton Utility System Revenue Bonds, Series 1992, authorized by ordinance passed on March 3, 1992 (the "Series 1992 Bonds"), (v) the outstanding City of Denton Utility System Revenue Bonds, Series 1993, authorized by ordinance passed on March 16, 1993 (the "Series 1993 Bonds"), (vi) the outstanding City of Denton Utility System Revenue Refunding Bonds, Series 1993-A, authorized by ordinance passed on June 8, 1993 (the "Series 1993-A Bond"), (vii) the outstanding City of Denton Utility System Revenue Refunding Bonds, Taxable Series 1993-B, authorized by ordinance passed on June 8, 1993 (the "Series 1993-B Bonds"), and (viii) the Bonds. (e) The term "Additional Bonds" shall mean the additional parity revenue bonds which the City reserves the right to issue in the future, in accordance with Section 25 of this Ordinance. (f) The term "System" shall mean (1) the City s entire existing waterworks and sewer system and the City's entire existing electric light and power system, together with all future extensions, improvements, enlargements, and additions thereto, and all replacements thereof, and (2) any other related facilities, all or any part of the revenues or income from which do, in the future, at the option of the City, and in accordance with law, become "Pledged Revenues" as hereinafter defined; provided that, notwithstanding the foregoing, and to the extent now or hereafter authorized or permitted by law, the term System shall not mean any water, sewer, electric, or other facilities of any kind which are declared not to be a part of the System, and which are acquired or constructed by the City with the proceeds from the issuance of "Special Facilities Bonds", which are hereby defined as being special revenue obligations of the City which are not payable from or secured by any Pledged Revenues, but which are secured by and payable from liens on and pledges of any other revenues, sources, or payments, including, but not limited to, special contract revenues or payments received from any other legal entity in connection with such facilities; and such revenues, sources, or payments shall not be considered as or constitute Gross Revenues of the System, unless and to the extent other- wise provided in the ordinance or ordinances authorizing the issuance of such "Special Facilities Bonds". (g) The terms "Gross Revenues of the System" and "Gross Revenues" shall mean all revenues and income of every nature derived or received by the City from the operation and ownership of the System, including the interest income from the investment or deposit of money in any Fund created by this Ordinance. (h) The terms "Net Revenues of the System", and "Net Revenues" shall mean all Gross Revenues after deducting therefrom an amount equal to the current expenses of operation and m~inte- nance of the System, including all salaries, labor, materials, repairs, and extensions necessary to render efficient service, provided, however, that only such repairs and extensions, as in thejudgmer t of the City Council, reasonably and fairly exercised by the adoption of appropriate resolutions, we necessary to keep the System in operation and render adequate service to said City and the inhabitants thereof, or such as might be necessary to meet some physical accident or condition which would otherwise impair the Bonds or Additional Bonds, shall be deducted in determining "Net Revenues". Payments required to be made by the City for water supply or water facilities, sewer services or sewer facilities, fuel supply, and for the purchase of electric power, which payments under law constitute 32 V J/ Ap~nda No. Agenda Item operation and maintenance expenses of any part of the System, shall constiittut and be regarded as expenses of operation and maintenance of the System under this Ordinance Depreciation and amortization shall not constitute or be regarded as expenses of operation and maintenance of the System. (i) The term "Pledged Revenues" shall mean (1) the Net Revenues, plus (2) any additional revenues, income, or other resources which are expected to be available to the City on a regular periodic basis, including, without limitation, any grants, donations, or income received or to be received from the United States Government, or any other public or private source, whether pursuant to an agreement or otherwise, which in the future may, at the option of the City, be pledged to the payment of the Parity Bonds or Additional Bonds. G) The term "year" or "fiscal year" shall mean the fiscal year used by the City in connection with the operation of the System. (k) The term "Government Obligations" shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, and which may be in book-entry form. the City ) Denton, Texas, m "Contract" fWater Sn to age t "Contract Aub ween the United States of America and Spaces and L August 15, 1980, eY ewrsvilte Lakes, Texas", dated (m) The term "Refunded Obligations" means those obligations owed by the Issuer to the United States of America pursuant to the Contract and to be refunded and prepaid with a portion of the proceeds of the Bonds. Section 9. PLEDGE. (a) The Bonds are "Additional Bonds" as permitted by Sections 24 and 25 of the ordinance passed on March 10, 1983, authorizing the City of Denton Refunding Bonds, Series 1983 (the "Series 1983 Bonds"), and it is hereby determined, declared, and resolved that all of the Parity Bonds (including the Bonds) are secured and payable equally and ratably on a parity, and that Sections 8 through 28, of this Ordinance are supplemental to and cumulative of Sections 7 through 27 of the aforesaid ordinance passed on March 10, 1983, with Sections 8 through 28 of this Ordinance being applicable to all of the Parity Bonds. (b) The Parity Bonds and any Additional Bonds, and the interest thereon, including any interest coupons appertaining thereto, are and shall be secured by and payable from a first lien on and pledge of the Pledged Revenues, and the Pledged Revenues are further pledged to the establishment and maintenance of the Funds created by this Ordinance, and any Funds created by any ordinance authorizing the issuance of any Additional Bonds, The Parity Bonds and any Additional Bonds are 33 a r. k~f~aa Iro 0 not and will not be secured by or payable from a mortgage or deed of trust on any real, personal, or mixed properties constituting the System. Section 10. SYSTEM FUND, There heretofore has been and is hereby created and there shalt be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a special fund to be entitled the "City of Denton Utility System Fund" (the "System Fund"). All Gross Revenues shall be credited to the System Fund immediately upon receipt, unless otherwise provided in this Ordinance. All current expenses of operation and maintenance of the System shall be paid from such Gross Revenues credited to the System Fund as a first charge against same. Before making any deposits hereinafter required to be made from the System Fund, the City shall retain in the System Fund at all times an amount at least equal to one- sixth of the amount budgeted for the then current fiscal year for the current operation and maintenance expenses of the System. Section 11. INTEREST AND SINKING FUND. For the sole purpose of paying the principal of and interest on all Parity Bonds and Additional Bonds, there heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Revenue Bonds Interest and Sinking Fund" (the "Interest and Sinking Fund"). Section 12. RESERVE FUND. There heretofore has been, and is hereby, created, and there shall be established and maintained at Texas Commerce Bank National Association, and hereafter, at the option of the City, established and maintained at any time at any national bank having a capital and surplus in excess of $25,000,000, a separate fund to be entitled the "City of Denton Utility System Bonds and Additional Bonds Reserve Fund" (the "Reserve Fund"). The Reserve Fund shall be used to pay the principal of and interest on any Parity Bonds or Additional Bonds whc? and to the extent the amounts in the Interest and Sinking Fund available for such payment are insufficient for such purpose, and may be used for the purpose of finally retiring the last of any Parity Bonds or Additional Bonds. Section 13. EXTENSION AND IMPROVEMENT FUND. There heretofore has been and is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Extension and Improvement Fund" (the "Extension and Improvement Fund"). The Extension and Improvement Fund shall be used for the purpose of paying the costs of improvements, enlargements, extensions, additions, replacements, or other capital expenditures related to the System, or for paying the costs of unexpected or extraordinary repairs or replacements of the System for which System funds are not available, or for paying unexpected or extraordinary expenses of operation and maintenance of the System for which System funds are not otherwise avail- able, or for any other lawful purpose. Section 14. EMERGENCY FUND. There is hereby created and there shall be established and maintained on the books of the City, and accounted for separate and apart from all other funds of the City, a separate fund to be entitled the "City of Denton Utility System Emergency Fund" (the "Emergency Fund"). The Emergency Fund shall be used for the purpose of paying unexpected or extraordinary expenses of repair, replacement, operation, and maintenance of the System for which 34 r Agenda Mo.. - U Agenda Item Dale neither System funds nor the moneys in the Extension and Improvement Fund are available. There was deposited in the Emergency Fund simultaneously with the delivery of the Series 1983 Bonds to the initial purchasers thereof from lawfully available funds of the City the amount of $250,000. All investment interest income from the Emergency Fund shall be transferred to the System Fund as received, Section 15. DEPOSITS OF PLEDGED REVENUES. Pledged Revenues shall be credited to or deposited in the Interest and Sinking Fund, the Reserve Fund, the Extension and Improvement Fund, and other funds when and as required by this Ordinance and any ordinance authorizing the issuance of Additional Bonds. Section 16. INVESTMENTS. Money in any Fund established pursuant to this Ordinance or any ordinance authorizing the issuance of Additional Bonds, may, at the option of the City, be placed in time deposits or certificates of deposit secured by obligations of the type hereinafter described, or be invested in Government Obligations (as defined in Section 8 hereof) or obligations guaranteed or insured by the United States of America, which, in the opinion of the Attorney General of the United States, are backed by its full faith and credit or represent its general obligations, or invested in obligations of instrumentalities of the United States of America, including, but not limited to, evidences of indebtedness issued, insured, or guaranteed by such governmental agencies as the Federal Land Banks, Federal Intermediate Credit Banks, Banks for Cooperatives, Federal Home Loan Banks, Government National Mortgage Association, United States Postal Service, Farmers Home Administration, Federal Home Loan Mortgage Association, Small Business Administration, Federal Housing Association, or Participation Certificates in the Federal Assets Financing Trust; provided that all such deposits and investments shall be made in such manner as will, in the opinion of the City, permit the money required to be expended from any Fund to be available at the proper time or times as expected to be needed. Such investments (except United States Treasury Obligations--State and Local Government Series investments herd in book entry form, which shall at all times be valued at cost) shall be valued in terms of current market value as of the last day of each fiscal year. Unless otherwise set forth herein, all interest and income derived from such deposits and investments I immediately shall be credited to, and any losses debited to, the Fund from which the deposit or investment was made, and surpluses in any Fund shall or may be disposed of as hereinafter provided. Such investments shall be sold promptly when necessary to prevent any default in connection with the Parity Bonds or Additional Bonds consistent with the ordinances, respectively, authorizing their issuance. Section 17. FUNDS SECURED. That money in all Funds created by this Ordinance, to the extent not invested, shall be secured in the manner prescribed by law. Section 18. PRIORITY Or DEPOSITS AND PAYMENTS FROM SYSTEM FUND. That the City shall make the deposits and paymenrs from Pledged Revenues in the System Fund when and as required by this Ordinance and any ordinance authorizing any Additional Bonds, and such deposits shall be made in the following manner and with the following irrevocable priorities, respectively: First, to the Interest and Sinking Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; 35 i i, { c Agenda NC. AUcida I em bate Second, to the Reserve Fund, when and in the amounts required by this Ordinance and any ordinance authorizing any Additional Bonds; and Third, to the Extension and Improvement Fund, when and as required by Section 21 of this Ordinance. Section 19. INTEREST AND SINKING FUND REQUIREMENTS. The City shall cause to be deposited to the credit of the Interest and Sinking Fund the accrued interest and any premium received from the sale of the Initial Bond, and on or before the 25th day of each month, the City shall cause to be deposited to the credit of the Interest and Sinking Fund, in approximately equal monthly payments, amounts sufficient, together with any other funds on hand therein, to pay all of the interest or principal and interest coming due, including the principal amount of any Parity Bonds required to be redeemed prior to maturity pursuant to any mandatory redemption requirements, on the Parity Bonds and any Additional Bonds on the next succeeding interest payment date. Any moneys so deposited in the Interest and Sinking Fund with respect to a mandatory redemption requirement, together with other lawfully available funds of the City, may be used by the City, to purchase, in advance of a mandatory redemption date and at a price not exceeding the principal amount thereof plus accrued interest thereon to the date of purchase, Parity Bonds which would be subject to being chosen for mandatory redemption on such mandatory redemption date. The Paying Agent shall cancel any Parity Bonds so purchased. Section 20. RESERVE FUND REQUIREMENTS. There is now on hand in the Reserve Fund an amount of money and Government Obligations which is in excess of $3,000,000 and which is at least equal to the average annual principal and interest requirements of the outstanding Series 1987 Bonds, the Series 1988 Bonds, the Series 1989 Bonds, the Series 1992 Bonds, the Series 1993 Bonds, the Series 1993-A Bonds and the Taxable Series 1993-B Bonds (the current "Required Reserve Amount"). Following the issuance and delivery of the Initial Bonds the Required Reserve Amount shall become and be an amount of money and investments equal to the average annual 1 principal and interest requirements of all the outstanding Parity Bonds and Additional Bonds; provided further, however, that the Required Reserve Amount shall never be less than 53,000,000 if the maximum annual principal and interest requirements on all outstanding Parity Bonds and Additional Bonds exceeds $3,000,000. Immediately after the issuance and delivery of the Initial Bonds there shall be deposited to the credit of the Reserve Fund, from the proceeds of the sale of the Initial Series 1996A Bond, money sufficient to cause the Reserve Fund to contain an aggregate amount of money and investments equal to the Required Reserve Amount for all then outstanding Parity Bonds. After the delivery of any future Additional Bonds the City shall cause the Reserve Fund to be increased, if and to the extent necessary, so that such Fund will contain an amount of money and investments equal to the Required Reserve Amount. Any increase in the Required Reserve Amount may be funded from Pledged Revenues, or from proceeds from the sale of any Addi- tional Bonds, or any other available source or combination of sources. All or any part of the Required Reserve Amount not funded initially and inunediately after the delivery of any installment or issue of Additional Bonds shall be funded, within not more than five years from the date of such delivery, by deposits of Pledged Revenues in approximately equal monthly installments on or before the 25th day of each month. Principal amounts of the Parity Bonds and any Additional Bonds which must be redeemed pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal for the purpose of calcula!ing principal and interest requirements 36 I, . r Agenda Na. t1 Agenda lam ate la on such bonds. When and so long as the amount in the Reserve Fund i~n ot less than th Required Reserve Amount no deposits shall be made to the credit of the Reserve Fund; but when and if the Reserve Fund at any time contains less than the Required Reserve Amount, then the City shall transfer from Pledged Revenues in the System Fund, and deposit to the credit of the Reserve Fund, monthly on or before the 25th day of each month, a sum equal to 1/60th of the Required Reserve Amount, until the Reserve Fund is restored to the Required Reserve Amount. The City specifically covenants that when and so long as the Reserve Fund contains the Required Reserve Amount, the City shall cause all amounts in excess of the Required Reserve Amount to be deposited to the credit of the Interest and Sinking Fund. Section 21. EXTENSION AND A4PROVEMENT FUND REQUIREMENTS. During each year, subject and subordinate to making the required deposits to the credit of the Interest and Sinking Fund and the Reserve Fund, the City shall be required to deposit to the credit of the Extension and Improvement Fund, from Pledged Revenues in the System Fund, an amount equal to 8% of the "Adjusted Gross Revenues of the System", which term is hereby defined to mean the following i the Gross Revenues of the System for such year after deducting from such Gross Revenues an amount equal to the current expenses of operation and maintenance of the System for such year which are directly attributable to (i) all fuel costs related to the production of electric energy by the City and/or (u) the purchase of electric energy by the City. Additional excess Pledged Revenues may, at the option of the City Council, be deposited to the credit of the Improvement Fund as permitted by Section 22 (b) hereof, but no such additional deposit is required. All investment interest income from the Extension and Improvement Fund shall be retained in and remain a part of such Fund. Section 22. DEFICIENCIES; EXCESS PLEDGED REVENUES. (a) If on any occasion there shall not be sufficient Pledged Revenues to make the required deposits into the Interest and Sinking Fund or the Reserve Fund, such deficiency shall be made up as soon as possible from the next available Pledged Revenues. (b) Subject to making the required deposits to the credit of the various Funds when and as required by this Ordinance or any ordinance authorizing the issuance of Additional Bonds, any surplus Pledged P. venues may be used by the City for any lawful purpose. Section 23. PAYMENT OF PARITY BONDS AND ADDITIONAL BONDS. On or before December 1, 1996, and semiannually on or before each June 1 and December I thereafter while any of the Parity Bonds or Additional Bonds are outstanding and unpaid the City shall make available to the Paying Agents therefor, out of the Interest and Sinking Fund, or if necessary, out of the Reserve Fund, money sufficient to pay, on each of such dates, the principal of and interest on the Parity Bonds and Additional Bonds as the same matures and comes due, or to redeem the Parity Bonds or Additional Bonds prior to maturity, either upon mandatory redemption or at the option of the City. At the direction of the City the Paying Agents shall either deliver paid Parity Bonds and Additional Bonds, and any interest coupons appertaining thereto, to the City or destroy all paid Parity Bonds and 37 4 Agenda No_ d Agenda 11YR _ Date Additional Bonds, and any coupons appertaining thereto, and furnish the City with an appropriate certificate of cancellation or destruction. Section 24. FINAL DEPOSITS. (a) Any Parity Bond or additional Bond shall be deemed to be paid, retired, and no longer outstanding within the meaning of this Ordinance when payment of the principal of, redemption premium, if any, on such Parity Bond or Additional Bond, plus interest thereon to the due date thereof (whether such due date be by reason of maturity, upon redemption, or otherwise) either (i) shall have been made or caused to be made in accordance with the terms thereof (including the giving of any required notice of redemption or provision for the proper giving of such notice having been made), or (ii) shall have been provided by irrevocably depositing with or making available to a Paying Agent therefor, in trust and irrevocably set aside exclusively for such payment, (1) money sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to make such payment, and all necessary and proper fees, compensation, and expenses of such Paying Agent pertaining to the Parity Bonds and Additional Bonds with respect to which such deposit is made shall have been paid or the payment thereof provided for to the satisfaction of such paying agent. At such time as a Bond or Additional Bond shall be deemed to be paid hereunder, as aforesaid, it shall no longer be secured by or entitled to the benefits of this Ordinance or a lien on and pledge of the Pledged Revenues, and shall be entitled to payment solely from such money or Goverment Obligations. (b) Any moneys so deposited with a paying agent may at the direction of the City also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from all Government Obligations in the hands of the paying agent pursuant to this Section which is not required for the payment of the Parity Bonds and Additional Bonds, the redemption premium if any, and interest thereon, with respect to which such money has been so deposited, shall be turned over to the City or deposited as directed by the City. Section 25. ADDITIONAL BONDS. (a) The City shall have the right and power at any time and from time to time, and in one or more series or issues, to authorize, issue, and deliver additional parity revenue bonds (herein called "Additional Bonds"), in accordance with law, in any amounts, for any lawful purpose, including the refunding of any Parity Bonds or Additional Bonds, or other obligations. Such Additional Bonds, if and when authorized, issued, and delivered in accordance with this Ordinance, shall be payable from and secured by an irrevocable first lien on and pledge of the Pledged Revenues, equally and ratably on a parity in all respects with the Parity Bonds and any other outstanding Additional Bonds. (b) The principal of all Additional Bonds must be scheduled to be paid or mature on December I of the years in which such principal is scheduled to be paid or mature. Section 26. FURTHER REQUIREMENTS FOR ADDITIONAL BONDS, Additional Bonds shall be issued only in accordance with this Ordinance, and no installment, Series, or issue of Additional Bonds shall be issued or delivered unless; (a) The Mayor of the City and the City Secretary sign a written certificate to the effect that the City is not in default as to any covenant, condition, or obligation in connection with all then 38 Y 1 -1 F Agenda No, 96 - f I Agenda Item outstanding Parity Bonds and Additional Bonds, and the ordinances authorizing same , d that the Interest and Sinking Fund and the Reserve Fund each contains the amount then required to be therein. (b) An independent certified public accountant, or independent firm of certified public accountants, acting by and through a certified public accountant, signs a written certificate to the effect that, in his or its opinion, during either the next preceding fiscal year, or any twelve consecutive calendar month period out of the 18-month period immediately preceding the month in which the ordinance authorizing the issuance of the then proposed Additional Bonds is passed, the Pledged Revenues were at least (1)1.25 times an amount equal to the average annual principal and interest requirements, and (ii) 1.10 times an amount equal to the principal and interest requirements during the fiscal year during which such requirements are scheduled to be the greatest, of all Parity Bonds and Additional Bonds which are scheduled to be outstanding after the delivery of the then proposed Additional Bonds. It is specifically provided, however, that in calculating the amount of Pledged Revenues for the purposes of this subsection (b), if there has been any increase in the rates or charges for services of the System which is then in effect, but which was not in effect during all or any part of the entire period for which the Pledged Revenues are being calculated (hereinafter referred to as the "entire period") then the certified public accountant, or in lieu of the certified public accountant a firm of consulting engineers, shall determine and certify the amount of Pledged Revenues as being the total of (i) the actual Pledged Revenues for the entire period, plus (ii) a sum equal to the aggregate amount by which the actual billings to customers of the System during the entire period would have been increased if such increased rates or charges had been in effect during the entire period. (c) Provision shall be made in the ordinance authorizing their issuance for increasing the Reserve Fund to the Required Reserve Amount as required by Section 20 hereof. (d) All calculations of average annual principal and interest requirements of any bonds made in connection with the issuance of any then proposed Additional Bonds shall be made as of the date of such Additional Bonds; and also in making calculations for such purpose, and for any other purpose under this Ordinance, principal amounts of any bonds which must be redeemed prior to maturity pursuant to any applicable mandatory redemption requirements shall be deemed to be maturing amounts of principal of such bonds. Section 27. GENERAL COVENANTS. The City further covenants and agrees that in accordance with and to the extent required or permitted by law: (a) Performance. It will faithfully perform at all times any and all covenants, undertakings, stipulations, and provisions contained in this Ordinance, and each ordinance authorizing the issuance of Additional Bonds, and in each and every Parity Bond and Additional Bond; that it will promptly pay or cause to be paid the principal of and interest on every Parity Bond and Additional Bond, or, the dates and in the places and manner prescribed in such ordinances and Parity Bonds or Additional Bonds; and that it will, at the times and in the manner prescribed, deposit or cause to be deposited the amounts required to be deposited into the Interest and Sinking Fund and the Reserve Fund; and any holder of the Parity Bonds or Additional Bonds may require the City, its officials, and employees, to carry out, respect, or enforce the covenants and obligations of this Ordinance, or any ordinance authon'zl8 the issuance of Additional Bonds, by all legal and equitable means, including specifically, 39 1 Aprntltl Nb,,,.:. - Agenda Item but without limitation, the use and filing of mandamus proceedings, in any court of competent jurisdiction, against the City, its officials, and employees. (b) City's Legal Authority. The City is a duly created and existing home rule city of the State of Texas, and is duly authorized under the laws of the State of Texas to create and issue the Parity Bonds and Additional Bonds; that all action on its part for the creation and issuance of the said obligations has been or will be duly and effecth-ely taken, and that said obligations in the hands of the holders and owners thereof are and will be valid and enforceable special obligations of the City in accordance with their terms. (c) Titles. The City has or will obtain lawful title to the lands, buildings, structures, and facilities constituting the System, that it warrants that it will defend the title to all the aforesaid lands, buildings, structures, and facilities, and every part thereof, for the benefit of the holders and owners of the Parity Bonds and Additional Bonds, against the claims and demands of all persons whomso- ever, that it is lawfully qualified to pledge the Pledged Revenues to the payment of the Parity Bonds and Additional Bonds in the manner prescribed herein, and has lawfully exercised such rights. (d) Liens. The City will from time to time and before the same become delinquent pay and discharge all taxes, assessments, and governmental charges, if any, which shall be lawfully imposed upon it, or the System, that it will pay all lawful claims for rents, royalties, labor, materials, and supplies which if unpaid might by law become a lien or charge thereon, the lien of which would be prior to or interfere with the liens hereof, so that the priority of the liens granted hereunder shall be fully preserved in the manner provided herein, and that it will not create or suffer to be created any mechanic's, laborer's, materialman's, or other lien or charge which might or could be prior to the liens hereof, or do or suffer any matter or thing whereby the liens hereof might or could be impaired; provided, however, that no such tax, assessment, or charge, and that no such claims which might be used as the basis of a mechanic's, laborer's, materialman's, or other lien or charge, shall be required to be paid so long as the validity of the same shall be contested in good faith by the City. (e) Operation of yg m No Free Service. While the Parity Bonds or any Additional Bonds are outstanding and unpaid the City shall continuously rnd efficiently operate the System, and shall maintain the System in good condition, repair, and working ord,r, all at reasonable cost. No free service of the System shall be allowed, and should the City or any of its agencies, instrumentalities, lessors, or concessionaires make use of the services ant facilities of the System, payment monthly of the standard retail price of the services provided shall be made by the City or any of its agencies, instrumentalities, lessors, or concessionaires out of funds from sources other than the revenues of the System, unless made from surplus Pledged Revenues as permitted by Section 22(b) hereof. (f) Further EncumhaM. While the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall nct additionally encumber the Pledged Revenues in any manner, except as permitted in this Ordinance in connection with Additional Bonds, unless said encumbrance is made junior and subordinate in all respects to the liens, pledges, covenants, and agreements of this Ordinance and any ordinance authorizing the issuance of Additional Bonds; but the right of the City to issue revenue bonds payable from a subordinate lien on surplus Pledged Revenues is specifically recognized and retained, as permitted under Section 22(b) hereof). 40 T F Agenda No. Agenda ltem Date - (g) Sale or Disposal o, f, Property. tale the Parity Bonds or any Additional Bonds are outstanding and unpaid, the City shall not sell, convey, mortgage, encumber, lease, or in any manner transfer title to, or dedicate to other use, or otherwise dispose of, the System, or any significant or Sibstantial part thereof, provided that whenever the City deems it necessary to dispose of any property, machinery, fixtures, or equipment, or dedicate such property to other use, it may do so either when it has made arrangements to replace the same or provide substitutes therefor, or it is determined by resolution of the City Council that no such replacement or substitute is necessary. (h) Insur nce. (1) The City shall cause to be insured such parts of the System as would usually be insured by corporations operating like properties, with a responsible insurance company or companies, against risks, accidents, or casualties against which and to the extent insurance is usually carried by corporations operating like properties, including, to the extent reasonably obtainable, fire and extended coverage insurance, insurance against damage by floods, and use and occupancy insurance. Public liability and property damage insurance also shall be City Attomev gives a written opinion to the effect that the City is not liable or claiims which would be protectee Lly such insurance, All insurance premiums shall be paid as an expense of operation of the System. At any time while any contractor engaged in construction work shall be fully responsible therefor, the City shall not be required to carry insurance on the work being constructed if the contractor is required to carry appropriate insurance. AD such policies shall be open to the inspection of the Bondholders and their representatives at all reasonable times. Upon the happening of any loss or damage covered by insurance from one or more of said causes, the City shall make due proof of loss and shall do all things necessary or desirable to cause the insuring companies to make payment in full directly to the City. The proceeds of insurance covering such property, together with any other funds necessary and available for such purpose, shall be used forthwith by the City for repairing the property damaged or replacing the property destroyed; provided, however, that if said insurance proceeds and other funds are insufficient for such purpose, then said insurance proceeds pertaining to the System shall be deposited in a special and separate trust fund, at an official depository of the City, to be designated the Insurance Account, The Insurance Account shall be held until such time as other funds become available which, together with the Insurance Account, will be sufficient to make the repairs or replacements originally required. (2) The annual audit hereinafter required may contain a section commenting on whether or not the City has complied with the requirements of this Section with respect to the maintenance of insurance, and shall state whether or not all insurance premiums upon the insurance policies to which reference is made have been paid. (i) Annual Budget and Rate CoveW The City shall prepare, prior to the beginning of each fiscal year, an annual budget, in accordance with law, reflecting an estimate of cash receipts and disbursements for the ensuing fiscal year in sufficient detail to indicate the probable Gross Revenues and Pledged Revenues for such fiscal year. The City shall fix, establish, maintain, and collect, such rates, charges, and fees for the use and availability of the System at all times as are necessary (1) to produce Gross Revenues sufficient, together with any other Pledged Revenues, to pay all current operation and maintenance expenses of the System, and (2) to produce an amount of Pledged Revenues during each fiscal year at least equal to the greater of 1.25 times the average annual principal and interest requirements of all then outstanding Parity Bonds and Additional Bonds or 1.25 41 v d 0 1 Apenda No. L Agenda Item times the succeeding fiscal year's principal and interest requirements of all th paoutstan mg 1anty Bonds and Additional Bonds. 0) Records. The City shall keep proper books of record and account in which full, true, proper, and correct entries will be made of all dealings, activities, and transactions relating to the System, the Pledged Revenues, and the Funds created pursuant to this Ordinance, and all books, documents, and vouchers relating thereto shall at all reasonable times be made available for inspection upon request of any Bondholder or citizen of the City. To the extent consibtent with the provisions of this Ordinance, the City shall keep its books and records in a manner conforming to standard accounting practices as usually would be followed by private corporations owning and operating a similar System, with appropriate recognition being given to essential differences between municipal and corporate accounting practices. (k) Audits. After the close of each fiscal year while any of the Parity Bonds or any Additional Bonds are outstanding, an audit will be made of the books and accounts relating to the System and the Pledged Revenues by an independent certified public accountant or an independent firm of certified public accountants. As soon as practicable after the close of each such year, and when said audit has been completed and made available to the City, a copy of such audit for the preceding year shall be mailed to the Municipal Advisory Council of Texas, to each paying agent for any bonds payable from Pledged Revenues, and to any Bondholders who shall so request in writing. The annual audit reports shall be open to the inspection of the Bondholders and their agents and representatives at all reasonable times. (1) Qgvernmental Agencies. It will comply with all of the terms and conditions of any and all franchises, permits, and authorizations applicable to or neces ~ which have been obtained from an Y with respect to the System, and any governmental agency; and the City has or will obtain and keep in full force and effect all franchises, permits, authorization, and other requirements applicable to or necessary with respect to the acquisition, construction, equipment, operation, and maintenance of the System. (►n) No Competition. It will not operate, or grant any franchise or, to the extent it legally may, permit the acquisition, construction, or operation of, any facilities which would be in competition with the System, and to the extent that it legally may, the City will prohibit any such competing facilities. (n) No Arbitrage. The City covenants to and with the purchasers of the Parity Bonds and any Additional Bonds that no use will be made of the proceeds of any of such bonds at any time throughout the term of any of such bonds which, if such use had been reasonably expected on the date of delivery of any of such bonds to and payment therefor by the purchasers, would have caused any of such bonds to be arbitrage bonds within the meaning of Section 148 of the Intemal Revenue Code of 1986, as amended (the "Code"), or any regulations or rulings pertaining thereto; and by this covenant the City is obligated to comply with the requirements of the aforesaid Code and all applicable and pertinent Department of the Treasury regulations relating to arbitrage bonds. The City further covenants that the proceeds of all such bonds will not otherwise be used directly or indirectly so as to cause all or any part of such bonds to be or become arbitrage bonds within the meaning of the aforesaid Code, or any regulations pertaining thereto. 42 V r Agenda No. 1 Agenda Item Date Section 28, AMENDMENT OF ORDINANCE. (a) The holders or owners of Parity Bonds and Additional Bonds aggregating in principal amount 51% of the aggregate principal amount of then outstanding Parity Bonds and Additional Bonds shall have the right from time to time to approve any amendment to this Ordinance which may be deemed necessary or desirable by the City, provided, however, that nothing herein contained shall permit or be construed to permit the amendment of the terms and conditions in this Ordinance or in the Parity Bonds or Additional Bonds so as to: I (1) Make any change in the maturity of the outstanding Parity Bonds or Additional Bonds; i (2) Reduce the rate of interest bome by any of the outstanding Parity Bonds or Additional Bonds; (3) Reduce the amount of the principal payable on the outstanding Parity Bonds or Additional Bonds; (4) Modify the terms of payment of principal of or interest on the outstanding Parity Bonds or Additional Bonds, or impose any conditions with respect to such payment; (5) Affect the rights of the holders or owners of less than all of the Parity Bonds and Additional Bonds then outstanding; (6) Change the minimum percentage of the principal amount of Parity Bonds and Additional Bonds necessary for consent to such amendment. (b) If at any time the City shall desire to amend the Ordinance under this Section, the City shall cause notice of the proposed amendment to be published in a financial publication of general circulation in The City of New York, New York, once during each calendar week for at least two successive calendar weeks. Such notice shall briefly set forth the nature of the proposed amendment and shall state that a copy thereof is on file at the principal office of the Paying Agents for inspection by all holders or owners of Parity Bonds and Additional Bonds. Such publication is not required, however, if notice in writing is given to each holder or owner of Parity Bonds and Additional Bonds. (c) Whenever at any time not less than thirty days, and within one year, from the date of the first publication of said notice or other service of written notice the City shall receive an instrument or instruments executed by the holders or owners of at least 51% in aggregate principal amount of all Parity Bonds and Additional Bonds then outstanding, which instrument or instruments shall refer to the proposed amendment described in said notice and which specifically consent to and approve such amendment in substantially the form of the copy thereof on file with the Paying Agents, the City Council may pass the amendatory ordinance in substantially the same form. (d) Upon the passage of any amendatory ordinance pursuant to the provisions of this Section, this Ordinance shalt be deemed to be amended in accordance with such amendatory ordinance, and the respective rights, duties, and obligations under this Ordinance of the City, and all the holders or owners of then outstanding Parity Bonds and Additional Bonds and all future Parity Bonds and Additional Bonds shall thereafter be determined, exercised, and enforced hereunder, subject in all respects to such amendments. 43 Y f r Agenda No. Agenda Item Oate (e) Any consent given by the holder or owner of a Parity Bond or Additional Bond pursuant to the provisions of this Section shall be iff evocable for a period of six months from the date of the fast publication of the notice provided for in this Section, and shall be conclusive and binding upon all future holders or owners of the same Parity Bond or Additional Bond during such period. Such consent may be revoked at any time after six months from the date of the first publication of such notice by the holder or owner who gave such consent, or by a successor in title, by filing notice thereof with the paying agents and the City, but such revocation shall not be effective if the holders or owners of 51% in aggregate principal amount of the then outstanding Parity Bonds and Additional ' Bonds as in this Section defined have, prior to the attempted revocation, consented to, and approved the amendment. (f) For the purpose of this Section, the fact of the holding of Parity Bonds or Additional Bonds which are in bearer, coupon form, by any bondholder and the amount and numbers of such bearer Parity Bonds or Additional Bonds and the date of their holding same, may be proved by the affidavit of the person claiming to be such holder or owner, or by a certificate executed by any trust company, bank, banker, or any other depository wherever situated showing that at the date therein mentioned such person had on deposit with such trust company, bank, banker, or other depository, the Parity Bonds and Additional Bonds described in such certificate. The City may conclusively assume that such ownership continues until written notice to the contrary is served upon the City. The ownership of all registered Parity Bonds and Additional Bonds shall be determined from the registration books kept by the registrar therefor. Section 29. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED BONDS. (a) Replacement Bonds. In the event any outstanding Bond is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, a new bond of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Bond, in replacement for such Bond in the manner hereinafter provided. (b) Application for Replacement Bonds. Application for replacement of damaged, mutilated, lost, stolen, or destroyed Bonds shall be made by the registered owner thereof to the Paying Agent/Registrar. In every case of loss, theft, or destruction of a Bond, the registered owner applying for a replacement bond shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Bond, the registered owner shall furnish to the Issuer and to the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Bond, as the case may be. In every case of damage or mutilation of a Bond, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Bond so damaged or mutilated, (c) No Default Occurred. Notwithstanding the foregoing provisions of this Section, in the event any such Bond shall have matured, and no default has occurred which is then continuing in the payment of the principal of, redemption premium, if any, or interest on the Bond, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Bond) instead of issuing a replacement Bond, provided security or indemnity is furnished as above provided in this Section. 44 i 4 a F Agenda No. C Agenda Item Date ^ (d) Charge for Issuing Replacement Bonds. Prior to the issuance of any replacement bond, the Paying Agent/Registrar shall charge the registered owner of such Bond with all legal, printing, and other expenses in connection therewith. Every replacement bond issued pursuant to the provisions of this Section by virtue of the fact that any Bond is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Bond shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Bonds duly issued under this Ordinance. (e) Authority for Issuing Replacement Bonds. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for tha i issuance of any such replacement bond without necessity of further action by the governing body of the Issuer or any other body or person, and the duty of the replacement of such bonds is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Bonds in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Bonds issued in conversion and exchange for other Bonds. Section 30. COVENANTS REGARDING TAX-EXEMPTION. The Issuer covenants to refrain from any action which would adversely affect, and to take such action to ensure, the treatment of the Bonds as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the holder for purposes of federal income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Bonds (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 14l(b)(6) of the Code or, if more than 10 percent of the proceeds are so used, that amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 percent of the debt service on the Bonds, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Bonds (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Bonds being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Bonds being "federally guaranteed" within the meaning of section 149(b) of the Code; 45 a Agenda No. Agenda to Date ` (E) to refrain from using any portion of the proceeds of the Bonds, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(bx2) of the Code) which produces a materially higher yield over the term of the Bonds, other than investment property acquired with (1) proceeds of the Bonds invested for a reasonable temporary period of 3 years or less until such proceeds are needed for the purpose for which the Bonds are issued, Ih (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Certificates; (g) to otherwise restrict the use of the proceeds of the Bonds or amounts treated as proceeds of the Bonds, as may be necessary, so that the Bonds do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(8) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(d) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Bonds) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of the Code and to pay to the United States of America, not later that 60 days after the Bonds have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. For purposes of the foregoing (a) and (b), the issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Bonds, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationally-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. In the event that regulations or rulings are hereafter promulgated which impose additional requirements which are applicable to the Bonds, the Issuer agrees to comply with the additional requirements to the extent necessary, in the opinion of nationally-recognized bond counsel, to preserve the exemption from federal income taxation of interest on the Bonds under section 103 of the Code. 46 a 1 k F y3 r ;tnda Na Agenda terry Date In order to facilitate compliance with the above covenant (h), a "Rebate Fund" is hereby established by the issuer for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the owners of the Certificates. The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 31. INTEREST EARNINGS ON BOND PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Bond, other than proceeds deposited in the Interest and Sinking Fund and the Reserve Fund, shall be used along with other available proceeds for improving the System; provided that after completion of the improvements if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on bond proceeds which are required to be rebated to the United States of America pursuant to the Covenants Regarding Tax-Exemption herein so as to prevent the Bonds from being arbitrage bonds shall be so rebated and not considered as interest earnings for the purposes of this Ordinance. Section 32. CUSTODY, APPROVAL, AND REGISTRATION OF BONDS; BOND COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE, AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of each Initial Bond issued hereunder and all necessary records and proceedings pertaining to each Initial Bond pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of each Initial Bond said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on such Initial Bond, and the sea] of said Comptroller shall be impressed, or placed in facsimile, on such Initial Bond. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on each Initial Bond or on any Bonds issued and delivered in conversion of and exchange or replacement of any Bond, but neither shall have any legal effect, and shall be solely for i the convenience and information of the registered owners of the Bonds. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Bonds, the respective Initial Bond and all other Bonds shall bear an appropriate legend concerning insurance as provided by the insurer. Section 33. SALE OF INITIAL BONDS. (a) The Initial Series 1996 Bond is hereby sold and shall be delivered to for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of S . It is hereby officially found, determined, and declared that the Initial Series 1996 Bond has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated April 23, 1996, prepared and distributed in connection with the We of the Initial Series 1996 Bond. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Series 1996 Bonds is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects. 47 } f AgendA ent Date (b) The Initial Series 1996A Bond is hereby sold and shall be delivered to , for cash for % of the par value thereof and accrued interest thereon to date of delivery, plus a premium of S . It is hereby officially found, determined, and declared that the Initial Series 1996A Bond has been sold at public We to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated April 23, 1996, prepared and distributed in connection with the sale of the Initial Series 1996A Bond. Said Official Notice of Sale and Bidding Instructions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Series 1996A Bonds is hereby approved. It is further officially found, determined, and declared that the statements and representations contained in said Official Notice of Sale and Official Statement are true and correct in all material respects. Section 34. DTC REGISTRATION. The Bonds initially shall be issued and delivered in such manner that no physical distribution of the Bonds will be made to the public, and The Depository Trust Company ("DTC"), New York, New York, initially will act as depository for the Bonds. DTC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reserve System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Bond authorized by this Ordinance shall be delivered to and registered in the name of the Purchaser. However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Bond and deliver in exchange therefor a substitute Bond for each maturity of such Initial Bond, with each such substitute Bond to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Bonds on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 33 hereof (the "DTC Participants"). So long as each Bond is registered in the name of CEDE & CO., th,: 'laying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Bonds by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Participants pursuant to rules and regulations established by them, and that the substitute Bonds initially deposited with DTC shall be immobilized and not be further exchanged for substitute Bonds except as hereinafter provided. The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or rights of the beneficial owners of the Bonds. It shall be the duty of the Purchaser and the DTC Participants to make all arrangements with DTC to establish this book-entry system, the beneficial ownership of the Bonds, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only regis- tration requirement described above, and to permit the Bonds to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written 48 4 Y f Aplndl NO, Agenda Item Date notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Bond in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any reason any of the originally delivered substitute Bonds is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Bonds will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Bonds. Section 35. COMPLIANCE WITH RULE 15c2-12. (a) Annual Reports. (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 1996, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 33 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as if written word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one or more documents or may be included by specific reference to any document (including an official statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices. The Issuer shall notify any SID and either each NRMMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Bonds, if such event is material within the meaning of the federal securities taws: 1. Principal and interest payment delinquencies-, 2. Non-payment related defaults; 3. Unscheduled draws on debt service reserves reflecting financial difficulties; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Bonds; 49 4 u a 5 Agenda No,..? G J < Agenda Item Date 7. Modifications to rights of holders of the Bonds; 8. Bond calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Bonds; and IL Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) I Lnhfions. Disclaims and Amendments, (i) The Issuer shalt be obligated to observe and perform the covenants specified in this Section for so long as, but only for so long as, the Issuer remains an "obligated person" with respect to the Bonds within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Bond calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of time registered owners and beneficial owners of the Bonds, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concenming such information or its usefulness to a decision to invest in or sell Bonds at any future date, (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY BOND OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR WITHOUT FAULT ON ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY SUCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH SHALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to discWr, y waive, or otherwise limit the duties of the Issuer under federal and state securities !aws. 50 F Agenda item Dale (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Bonds in the primary offering of the Bonds in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Bonds consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as ' nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Bonds. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction enters judgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Bonds in the primary offering of the Bonds. (d) Definitions. As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. "NRMSIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. "SID" means any person designated by the State of Texas or an authorized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 36. REFUNDING OF REFUNDED OBLIGATIONS, Concurrently with the delivery of the Initial Series 1996A Bonds, the Issuer shall transfer to the United States of America $ from the proceeds of the sale of the Series 1996A Bonds to refund and prepay the Refunded Obligations. It is hereby found and determined that the refunding of the Refunded Obligations will result in a reduction in the amount of principal and interest which would otherwise be payable by the Issuer both on an actual and a present value basis, with an actual gross debt service savings of approximately $ and a present value debt service savings of approximately S 51 Agenda No. Agenda Item STATE OF TEXAS § Date J." Cp COUNTY OF DENTON § AGREEMENT FOR A SUMMER YOUTH PROGRAM BETWEEN THE CITY OF DENTON AND NORTH TEXAS EDUCATION & TRAINING CO-OP, INC. The City of Denton (City), a municipal corporation located in Denton County, Texas, and North Texas Education & Training Co-Op, Inc. (NTETC or Contractor), a Corporation operating in Denton, Texas, agree as follows: 1. Services to be Performed by Contractor. City retains North Texas Education & Training Co-Op, Inc. to provide services to City by administering a Summer Youth Program within the guidelines of the Job Training Partnership Act (JTPA), as outlined in the attached proposal shown in Exhibit I. NTETC will work as an independent contractor, not under direct supervision or control of City, commencing immediately upon execution of this agreement. A. NTETC shall perform all services in a timely fashion, and shall complete same in accordance with schedules established by the Mayor and City Council and other city management, as designated, as necessary to carry out the terms and conditions of this agreement. NTETC understands and agrees that time is of the essence in completing the services set forth in this agreement. II. Compensation to be Paid Contractor. City agrees to pay NTETC as follows: A. A fee as provided in the attached proposal for providing contracted services. NTETC shall bill the City through submission of invoices, statements and other supporting data indicating the progress of the work and tha services performed, and showing who performed the work, what type of work was done, and the details of all services performed. As stated in the attached proposal, all billings are subject to a pro rata reduction, based upon the ratio of available Federal funding this year to the available Federal funding for the prior year. B. Nothing contained in this section shall require City to pay for work which has not been satisfactorily performed in accordance with the terms and conditions of this agreement. III. Independent Contractor. NTETC is an independent contractor and shall not be deemed to be considered an employee of d 1 r F i Awda No. Agenda lie Dared City for the 2 ` taxes, vacation rors9ickfleincome tax twithholding, social security any other City employee benefit, worker s compensation, or ameans incident m the NTETC shall control all ways and Agreement. Proper performance and completion of this IV. IND 88RS AND EMPLOY A CITY ITS OFFICERS AN NTETC SHALL INDEMNIFY AND HOLD HARMLESS LIABILITY OF ANY EES FROM ANY AND ALL DAMAGES OR , LOSSES OR KIND WHATSOEVER BY REASON OF INJURY TO PROPERTY THIRD PERSONS TO THE EXTENT DIRECTLY AND PROXIMATELY CAUSED BY THE ERROR, AGENTS, OMISSION OR NEGLIGENT ACT OF NTETC, ITS OFFICERS, EMPLOYEES, AND INVITEES IN THE PERFORMANCE OF THIS AGREEMENT, AND NTETC WILL, AT ITS COST AND EXPENSE, DEFEND AND PROTECT CITY AGAINST ANY AND ALL SUCH CLAIMS AND DE WITHOUT LIMITATION, THE PAYMENT OF REASONABLE ATTORNEY NFEEUSIAND COURT COSTS INCURRED IN THE DEFENSE OF CITY. V. Term. This Agreement shall begin on the date this agreement has been executed by both parties and end when the all services have been performed and all conditions of this Agreement have been satisfied unless sooner terminated under Section VI, "Cancellation". VI. Cancellation. City may cancel this Agreement at any time by giv tngsfourteen (14) days prior written notice. shall invoice and prior to the hiring of if this satisfactorily cam City shall a candidate, NTETC pay Contractor for all work pleted u p to the time Contra notice. All reports and other documents, or datator receives the to this agreement shall become the or work rela upon on termination of this agreement. property VII. Personnel. For the purpose of this agreement the key per9c;;9 who will be performing most of the work hereunder shall be staff of NTEi'C who shall devote a substantial amount of time to providing the services hereunder. However, nothing herein shall limit NTF,TC from using other their firm to perform the qualified and competent members of personnel shall not be employees s required herein. Any such relationship with City, of or have any contractual VIII. Non Waiver. Approval of any report or other services by City shall not be deemed a release of the responsibility of NTETC for the accuracy and competency of its work; nor shall such approval be deemed to be an assumption of such responsibility by City for any defect in any report or other documents or services prepared or provided by NTETC, its employees, officers, or agents. Agenda No. rv/ Agenda lJem Datt 3 IX. Assignability. NTETC shall not assign any interest in this agreement and shall not transfer any interest in this agreement {whether by assignment, novation, or otherwise} without the prior written consent of City. X. Governing Law/Venue. For the purpose of determining place of agreement and the law governing same, this agreement is entered into in the City and County of Denton, Texas, and shall be governed by the laws of the State of Texas. Venue and jurisdiction of any suit or cause of action arising under or in connection with this agreement shall be exclusively in a court of competent jurisdiction sitting in Denton County, Texas. XI. Compliance with Laws. NTETC shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered in this agreement. XII. Captions. The captions or headlines of the sections and paragraphs of this agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this agreement. XIII. Conflict with Attachments. In the event that any provision of this Agreement differs materially with any other attachment, exhibit, or communication, whether written or oral, the terms of this agreement shall govern. This agreement may not be modified except upon the mutual written agreement of both parties. Executed this the day of 19_. BOB CASTLEBERRY MAYOR NORTH TEXAS EDUCATION & TRAINING CO-OP, INC. BY: ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: 0 F Agenda No. ~ v~ Agenda item Dale, ^ 4 APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: That the Director of Human Resources is hereby designated as the representative of the City of Denton to administer the provisions of this Agreement. DATE MAYOR ATTEST: CITY SECRETARY r F apanaa No. Agenda Item CITY COUNCIL AGENDA IT= Date. TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: Rick Svehla, Acting City Manager DATE: May 7, 1996 SUBJECT: CONSIDER DISCONTINUING THE ELECTRIC THERMAL STORAGE RATE ITS) RECOIMNDATIONi The Public Utility Board recommends the electric Thermal Storage Rate (TS) be discontinued as a rate from ordinance number 95-178. SUJNUy: The TS incentive is $250/KVA for the first 500 KVA shifted from On-peak hours to Off-peak hours and $125 per each additional KVA shifted. The $250 KVA incentive value was developed in the 1980's when peaking capacity costs were in the $450/KK range. An incentive rate of $250/KW equates to an annualized cost of $20 to $25/KK/Yr. Existing electric production markets now exist at which power marketers are offering power in the $20 - $25/KW/Yr range. Since Denton could purchase power at this same rate, the TS incentive is not cost effective for the "purchase" of load shift, which may or may not shift depending on whether the customer continues to operate their thermal storage system. Therefore the TS rate should be discontinued on the basis of economics. In today's market the customer incentive should not be above production costs. If the incentive were lowered to the average market purchased power price per KW, staff does not think the incentive would be sufficient to encourage customers to take advantage of the technology. This assumption is based on the lack of program participation even at current incentive rates. BA `XQROVND, In the 1980's Denton was billed annual fixed costs by TMPA based upon Denton's total peak demand. One of Denton's efforts to decrease TMPA fixed costs was the promotion of Thermal or "Cool" storage. Thermal storage is a demand-side management technique which shifts electrical load to off peak times through the production of chilled water or ice at night to be used later at peak times to provide cool air in lieu of air conditioning. Air conditioning loads account for a large portion of Denton's annual peak. N r s Agmda NoA Ageada Item CITY CO=CIL Date S' -2 (/_0 PAGE 2 In an effort to encourage our customers to implement thermal storage systems the City of Denton Utilities provided a cash incentive, the Thermal Storage Rate (TS). The Thermal Storage (TS) incentive was designed to help offset the capital costs of building a thermal storage system. The incentive rate outlines the prerequisites for qualification and requires that customers receiving the incentive funds commit to the Time of Use (TOU) rate for a period of five years. The TS incentive became effective October 1, 1989. Since its inception no customers have taken advantage of the incentives offered. This may be due to four main reasons. 1) Only a handful of customers in our eervice territory possess the specific characteristics necessary to be good candidates for a thermal storage application. A very specific type of load profile (energy use pattern) is necessary to make the thermal storage equipment pay for itself under the TOU rate even with the assistance of the Thermal Storage incentive. Customers must have a large enough portion of their load dedicated to cooling to achieve the desired load shift which the TS incentive and the TOU rate are designed to reward. 2) Customers interested in Thermal Storage must also be prepared to maintain these systems which requires a trained operating and maintenance staff. 3) A Thermal Storage application requires a great deal of up-front costs. The trade off is the equipment should pay for itself through energy costs savings. 4) Thermal Storage is a technology with which few of our customers are familiar and as a result customers feel there is risk in the unknown which must be factored into the lack of participation in this program. FISCAL SUMMY t The Electric Utility is currently in a position of financial risk from the incentive based on the margin between average power prices and the $250/KVA incentive. A large (500 KW) thermal storage project would be entitled to $125,000 of incentive funds from the city but the value of that 500 KW of load shift is currently only $10,000 - $12,000/Yr. Denton could only recover the $125,000 investment if the customer stayed on Denton's system for 10 to 12 years and operated the thermal storage unit every year. Discontinuing the TS incentive rate will eliminate Denton's financial risks. The financial impact will eliminate the TS incentive from the 1996/97 budget and provide availability of those funds in the 1995/96 budget. d ~.•o.e gy 1 Agenda Na.-94z-~4-- Agenda Item) CITY COUNCIL Date J' PAGE 3 PROORRXI DEPARTMENTS OR GROUPS AFFECTED: Denton Industrial Customers, Denton Municipal Utilities, Legal Department, Public Utility Board, and City Council. Respectfully submitted, Rick Sveh a Acting City Manager Prepared by: E. R. Nelson, Executive Director Department of Utilities Exhibits: Exhibit is Schedule TS - Thermal Storage F 'r. Agenda No.L _ Agendas Item f SCHEDULE TS Date cZ_1 THERMAL STORAGE INCENTIVE (Effective 10/01/95) APPLICATION Applicable to any customer who agrees to be on Time-of-Use rate for five (5) years and who has a thermal storage facility of a min- imum storage capacity of 500,000 BTU. THERMAL STORAGE INCENTIVE PAYMENTS First 500 KVA shifted $250 / KVA to off-peak hours Additional KVA shifted $125 / KVA to off-peak hours Thermal storage incentive payments shall be made to qualifying customers based on the following method: A design shall be submitted to the Director of Electric Utili- ties for approval. The thermal storage equipment shall be checked for input electric demand (KVA) and output capacity (BTU). The system shall be limited for incentive payment to a maximum of 12,000 BTU per 500 square feet for the conditioned area of the facility to be served, if such facility is used for office purposes. If the facility is used for other purposes, such as, for example, an industrial use, the customer may request an exception from the City of Denton Electric Utility. The City Electric Utility will study the request for exception and make recommenda- tions to the Electric Utility Director and the Executive Director of Utilities as to whether a different formula should be used. The decision of the Executive Director of Utilities will be final. Upon completion, the input-output of the thermal storage units will be measured by the City of Denton. The customer may observe and verify all information and calculations for the actual size of the facility. Auxiliary equipment used to circulate fluid or air handlers which would operate under normal peak periods will not be included in calculating the KVA load for incentive payments. PAGE 41 a 's F i C:WTOCSIORD\SCHEDULE. ORD Agenda No. Agenda Item Date'' ORDINANCE NO. AN ORDINANCE AMENDING THE SCHEDULES OF ELECTRIC RATES CONTAINED IN ORDINANCE NUMBER 95-178 BY REPEALING THE THERMAL STORAGE INCENTIVE (SCHEDULE TS); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, at its meeting of April 22, 1996 the Public Utility Board recommended the elimination of the Thermal Storage Rate because it is not cost effective for the purchase of load shift. WHEREAS, the City Council deems it in the public interest to amend ordinance 95-178 to eliminate the Thermal Storage Rate; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i Ordinance Number 95-178 adopted pursuant to Chapter 26 of the Code of Ordinances of the City of Denton relating to the electric rate schedules is hereby amended by repealing the Thermal Storage Incentive (Schedule TS) found on page 41 of the Ordinance. ,9.S92ION j. 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 III That all provisions of Ordinance Number 95-178 of the City of Dentou in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of Ordinance Number 95-178 of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION IV That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR Agenda No.-+~ Agenda ltem Date ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: I [{F4 W Agenda No. 4 CITY COUNCIL REPORT FORMAT Agenda Item 00 Dale DATE: May 2, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: TXDOT Bridge Replacement - North Hickory Creek @ Jim Christal Rd RECOMMENDATION Approve ordinance authorizing the City Manager to execute the agreement, authorize the expenditure of funds and declaring an effective date SUMMARY/BACKGROTND• The current structure was built by County personnel in the 1970'x. It has served its purpose well, but is inadequate due to the increased use of Jim Christal road from development in the immediate area. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: 1996 Bond, Engineering and Transportation and general public utilizing this road. FISCAL IMPACT: Estimated construction cost is $201,340 with the City providing 10V ($20,134) plus right-of-way and utility relocation and I administrative charges ($2,255.01) RES CT LY UBMITTED: Ric S e a Acting City Manager Prepared by: Roger i nso ~ Engineering Tech Supervisor/Right-of-Way Approved by: Je ar Di or o Engineering & Transportation AEE00605 r 4 F 1 %?DOCS URU'HKXORYARD Ao~ndt No. 'O ~ Aginft Item bate' 9 to ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS TOWARD THE REPLACEMENT OF THE BRIDGE ON NORTH HICKORY CREEK AT JIM CHRISTAI, ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is hereby authorized to execute a construction and maintenance agreement on behalf of the City of Denton with the Texas Department of Transportation relating to replacement of the bridge on North Hickory Creek at Jim Christal Road and referenced in Commission Minute Order Number 106303. E L That the City Council hereby authorizes the expenditure of funds as specified in the agreement. 5CTION 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.& J C' t Y Agenda ND. Agenda item Date_ CITY Op DENTON TEXAS CITYNALL WEST • 221 N. ELM • DENTON TEXAS 76201 f6 1 0 566-8200 DFW METRO 434-2529 MEMORANDUM To: Rick Svehla, Acting City Manager From Jerry Clark P.E. , Director of Engineering and Transportation Subject: TXDOT Bridge Replacement- North Hickory Creek at Jim Cmstal CSJ 0918-46-068 Date: Apri130, 1996 We had requested that the Texas Department of Transportation place the bridge on Jim C l Road for Hckory Creek on its Bridge Replacement Program. That request letter is enclosed fro o June 14, 1994. This bridge became our responsibility when we made the agreement with Denton County in November of 1993 to divide up the shared roadways. This program insured the citizens always knew who had complete responsibility for road maintenance. The estimated construction cost is $20I,340 with 800/o Federal, 10% State and ID% Local. The City of Denton also has to pay TXDOT indirect administrative charges. We will have some fairly immediate payments including a first payment of $2255.01 within 30 days of agreement execution for indirect costs. The second payment of $20, 134.00 will be due 45 days prior to the scheduled construction letting date. Our funds were scheduled in the recent bond election and included our portion of funds for all three bridges on Jim Christal as estimated without indirect costs to TXDOT. We have a total of $200,000 but it is not available till 1999.2000. We will also have to pay for ROW and Utility Relocation Costs for each project. We will propose to only purchase drainage easements and feel that City Utility relocations will be minimal based on the distance out from all major lines and preliminary investigations. We need to develop some flexibility for shifting the early indirect costs out when they are due to keep our participation up to date. This will guarantee that we receive the Federal W1c and the State 10%. We recommend consideration of approval by City Council and ask that the flexibility for funding be developed to keep us current on our participation amounts when requested by TXDOT. If you have any questions, please call. OPexcatm to Quality Service' Li 4 Y i F X MAY-02-1996 16:57 CITY Or DENTON PL ING P.02/03 D Agenda Agenda !f Date C" of D&J?T%TES MUNICIPAL $UILDINQ / 215 E MCKINNEY / DENTON. TEXAS 76201 June 14, 1994 Claud P. Elsom, III, p.E. 2622 X. Prairie Denton, TX 76202 Dear Mr. Zlsom: RE., AA 342 AA 34301 Enclosed is a map illustrating the location of two (2) bridges on Jim Christal Road. One bridge located at North Hickory Creak, approximately 500 feet vest of Egan road, has a width of 20 feet and length of 137 feet. The other bridge located at Dry Fork Hickory Creak, approximately 2,000 feet east of Egan road, has a width of 17 feet and length of 55 feet. We are requesting these two bridges be replaced through the 1997 Off System Bridge Replacement Program. I ~ Please prepare necessary rgrsaments and advise if we may be of further assistance with this project. Your consideration is appreciated. Sincerely, Director o! Engineering i Transportation ANE003CD 8171566-8200 D/FW MEW 434-2529 Y F I,. Agenda No. e ZO EX Agenda Item ZONE X Date 16 6f CORPOgA`E . c ZONE 0 ZONE X r NE AE 56 2QNE A J Ort Fork WR- ZO 1 E Mkkwf Crrrk A~ n yry, r^'f ~ Z! PAZ RMd ZONE NE X 6~1 s ~ s eM B 1 ~ c e i ZONE X ZONE X 413 ~ ~ 'r 511 61f ~ ZOO ► e1 v C C~k 1o' tend ' ..ZONE X L9i IM,r Fwk ffiriwr ('rrrk f.. E F Agenda No.. Agenda item Date County Denton CSJ 0918-46-068 Project Road/Street Jim Christal NBI: Structure No,_AA0343 Local Designation No. 002 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THE STATE OF TEXAS § THE CITY OF DENTON § THIS AGREEMENT IS MADE by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the STATE, and the City of Denton , a local government or governmental agency or entity, acting by and through its City Council hereinafter called the GOVERNMENTAL AGENCY. WITNESSETH WHEREAS, Title 23, United States Code, authorizes federal funds to assist local governments in the replacement or rehabilitation of functionally or structurally deficient bridges located on a public road or street within its jurisdiction; and, WHEREAS, the State, acting by and through the Texas Transportation Commission, has approved a program of work for Off-State-System Federal-Aid Bridge Replacement and Rehabilitation; and, WHEREAS, the Governmental Agency owns a bridge located on a public road or street located at North Hickory Creek on Jim Christal Road ; and, WHEREAS, said bridge is included in the currently approved program of projects as authorized by Commission Minute Order Number 106303 dated October 1925 and the State and the Governmental Agency mutually agree to effectuate the project; Page 1 of 6 Design Division 10-95 F .f Agenda Agenda Item AGREEMENT Dale' _ NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, the State and the Governmental Agency do agree as follows. Article 1. Contract Period This agreement becomes effective upon the date of execution by the party whose signing constitutes final and full execution and shall terminate when the work has been completed or as provided in Article 10. "Termination". Article 2. Right of Entry The Governmental Agency hereby authorizes the State, its consultant, contractor, or other designated representative to enter the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Article 3. Utility Adjustments and Right of Way The Governmental Agency shall provide, at no cost to the State or Federal government, the necessary adjustment of any and all utilities and services, whether publicly or privately held, as may be necessary to permit the work authorized herein. Activities associated with relocation and installation of existing utilities shall be coordinated with and carried out in a manner that does not conflict with the requirements of the State. The Governmental Agency further agrees to acquire, at no cost to the State or Federal Government, any additional right of way, if required. Article 4. Project Funding Subject to Article 3. and other provisions as follows, the general funding formula for these projects involves funding by the Federal Government (80% of the cost), the State (10%), and the Governmental Agency (10%). The State assumes no liability for any costs except as authorized herein. The Governmental Agency agrees to pay the State (1) 101/o of preliminary engineering costs incurred by the State, (2) 10% of the actual cost of construction, construction engineering and contingency, (3) 100% of any project cost item or portion of a cost item that is not eligible for the federal participation, and (4) the State's indirect costs based on the GDvemmental Agency's entire participation in the project. A. Indirect Costs - Texas Government Code, Chapter 2106, requires the State to recover indirect costs associated with this agree-rent. TL e indirect costs shall be calculated based on Page 2 of 6 Design Division 10-95 e Agenda No. 7 ' 0) q Agenda Item Dale ' prevailing rates as determined through the Texas Department of Transportation's Indirect Cost Recovery Program. B. Preliminary Engineering Costs - The State will document its costs incurred for preliminary engineering and shall notify the Governmental Agency of these costs when submitting notice pursuant to Article 4(D) and/or 4(E) below. C. Construction Costs - The actual construction cost consists of the amount of the contract awarded to a contractor based upon the lour bid, any supplements made thereto during the duration of the project, and construction engineering and contingencies. D. Payments - No later than thirty days after signing this agreement, the State shall notify the Governmental Agency of payment due in an amount equal to I0% of the estimated cost of project preliminary engineering and the State's indirect cost on this amount. Forty-five days prior to the State's scheduled date for the contract letting, the Governmental Agency agrees to pay to the State an amount equal to the remainder of the Governmental Agency's agreed upon participation in the project including indirect costs on that remaining participation. Subject to Texas law, the Governmental Agency shall promptly and faithfully provide payment of the required funds, E. Interim and Final Accounting - If during the course, at termination or at the completion of the project it is found that the amount received is insufficient to pay the Governmental Agency's agreed upon participation, the State shall immediately notify the Governmental Agency who shall promptly, to the extent permitted by Texas law, transmit the required amount to the State. At the completion of the project, the State shall use generally accepted accounting procedures to determine the actual cost of the project. Excess funds paid by the Governmental Agency will be returned. Accounting records will be available at reasonable times at the office of the State for inspection by the Governmental Agency. The State will provide not more than four copies of the records when requested by the Governmental Agency. F. Costs at Termination - If after full execution of this agreement the project is terminated at the request of the Governmental Agency, the Governmental Agency shall be responsible for all (100°/x) expenses incurred for the project, including indirect costs. G. Estimate ofProiect Cost - In conveying this agreement to the Governmental Agency for execution, the State will furnish an estimate of the cost of the project that may be very tentative and made prior to the usual preliminary engineering phase of a project. Any estimate of cost provided by the State shall not limit the Governmental Agency's obligations set out in provisions of this agreement. Page 3 of 6 Design Division 10.95 si F r Agm4a No, ~ ~f Apands Item Article 5. Project Administration and Accomplishment of Work Osle The State shall use its own forces to provide or shall contract for the following: A. Prepare the construction plans, specifications and estimates (PS&E). At the beginning of the construction stage, the construction plans shall be attached hereto, labeled Exhibit A, Project Plans, and made a part hereof. 8. Coordinate with the Governmental Agency during plan preparation and have the Governmental Agency indicate approval of the project plans by signing the title sheet. C. Advertise for bids and award the contract. D. Supervise the work as required by the construction plans and specifications E. Final inspection and acceptance of the completed project. Article 6. Review of Plans by the Governmental Agency The Governmental Agency shall provide prompt review of the construction plans when requested by the State. No review shall unduly delay the progress of the project. Article 7. Governmental Agency Acknowledgment The Governmental Agency acknowledges that it is not an agent, servant, or employee of the State and further acknowledges full and complete responsibility for its own acts and deeds and for those of its agents or employees during the performance of the work authorized in this contract. Article 8. Maintenance After the project has been completed, the Governmental Agency shall accept full ownership and operate and maintain the facility authorized by the agreement for the benefit of and at no charge to the public. This covenant shall survive the completion of construction and termination of this agreement. Article 9. Sole Agreement This agreement constitutes the sole agreement between the State and the Governmental Agency concerning this project. Any prior agreement, either written or oral, respecting this project is hereby superseded. Article 10. Termination Page 4 of 6 Design Division 10-95 n. Y ~LWI Agenda No. Agenda Item Date This agreement may be terminated before the project is completed by mutual written consent of both parties with financial responsibilities carried out as assigned in Article 4, Project Funding. Article 11. Notices All notices to either party under this agreement shall be delivered personally one to the other or sent by mail or wrier, postage pre-paid, to the addresses shown on the signature page of this agreement. Article 12. Ownership of Documents Upon completion of the project, all documents prepared by the State shall remain the State's property. The Governmental Agency shall have unlimited and unrestricted use of the documents. Article 13. Successors and Assigns The State and the Governmental Agency each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. Article 14. Legal Construction In the event that one or more of the provisions of this agreement shall for any reason be held invalid, illegal or unenforceable, such invalidity, illegality or unenforceability shall not affect any other provision herein, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 15. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the organization they represent. Page 5 of 6 Design Division 10.95 Y ~h~t~r F p r: s Agenda No. Agenda Item Date IN WITNESS WHEREOF, THE PARTIES HERETO have executed duplicate counterparts to effectuate these agreements. THE GOVERNMENTAL AGENCY (Name) BY DATE (Signature) i Typed Name and Title of Signatory Under authority of Resolution/Ordinance Number Dated THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By DATE Robert L. Wilson, P.E., Director, Design Division For the purposes of this agreement, notices shall be deemed delivered when addressed and mailed to the following: The Governmental Agency: Texas Department of Transportation District Office: Page 6 of 6 Design Division 10-95 . m LOCATOR MAP PROJECT: JIM CHRISTAL ROAD C-S-J: 0918-46-068 PROJECT LENGTH: 0.127 km (0.079 mil I I I o U co DESCRIPTION: I REPLACE EXISTING BRIDGE t 6 _ U.S. 380 AND APPROACHES. TO I.H. 35 BEGIN PROJECT ` STA 0+000.000 ' Xick \l ~ ' (STA. 0+00.00) JIM_CH_RISTAL_ i i u ? ROAD _ ` 40 • f0 1 . , 0 • 3 k' END PROJECT STA 0+ 12 7.000 (STA. 4+16.67) F Agenda No. `O! CITY COUNCIL REPORT FORMA- Agenda Item - Date DATE: May 2, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: TXDOT Bridge Replacement - Dry Fork Creek 0 Jim Christal Rd RECOMMENDATION: Approve ordinance authorizing the City Manager to execute the agreement, authorize the expenditure of funds and declaring an effective date SUMMARY/BACKGROUND: The current structure was built by County personnel in the 19701s. It has served its purpose well, but is inadequate due to the increased use of Jim Christal road from development in the immediate area. PROGRAMS DEPARTM NTS OR GROUPS AFFECTED 1996 Bond, Engineering and Transportation and general public utilizing this road. FISCAL IMPACT: Estimated construction cost is $118,620 with the City providing 10t ($11,862) plus right-of-way and utility relocation and administrative charges ($1,328.54) RES ECTF LY B I TED: Ric S a Acting City Manager Prepared by: W Roger c nson Engineering Tech Supervisor/Right-of-Way Approved by: Jer a c Di or f Engineering & Transportation AEE00605 '1' ficl 44 ` I~ F:INPDOCSARDDRYFORK OFD 14Q I Agenda Na. ~ Agenda Item Date ORDINANCE NO. t AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR CONTRIBUTION OF FUNDS TOWARD THE REPLACEMENT OF THE BRIDGE ON DRY FORK CREEK AT JIM CHRISTAL ROAD; AUTHORIZING THE EXPENDITURE OF FUNDS; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: aECjjQX,j. That the City Manager is hereby authorized to execute a construction and maintenance agreement on behalf of the City of Denton with the Texas Department of Transportation relating to replacement of the bridge on Dry Fork Creek at Jim Cbristal Road and referenced in Commission Minute Order Number 106303. CFCT ON II. That the City Council hereby authorizes the expenditure of funds as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of • 1496. BOB CASTLE BERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Q LAC c c v~ BY.'A r d r \I A' Agenda No. Agenda lley~- Datc CITY OF DENTON TEXAS CITY HALL WEST • 221 N. ELM DENTON TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 MEMORANDUM To: Rick Svehla, Acting City Manager From; Jerry Clark P.E. , Director of Engineering and Transportation Subjet TXDOT Bridge Replacement-Dry Fork Creek CSJ 0918-46-066 Date: April 30, 1996 We had requested that the Texas Department of Transportation place the bridge on Jim Christal Road for Dry Fork Creek on its Bridge Replacement Program. That request letter is enclosed from June 14, 1994. This bridge became our responsibility when we made the agreement with Denton County in November of 1993 to divide up the shared roadways. This program insured the citizens always knew who had complete responsibility for road maintenance. The estimated construction cost is $118,620.00 with 80% Federal, 10% State and 10% Local The City of Denton also has to pay TXDOT indirect administrative charges. We will have some fairly immediate payments including a first payment of $1,328.54 within 30 days of agreement execution for indirect costs. The second payment of $11,862,00 will be due 45 days prior to the scheduled construction letting date. The bridge is desperately in need of replacement and is load limited for very small loads. It was most likely constructed without design by county road crews. Our funds were scheduled in the recent bond election and included our portion of funds for all three bri dges on Jim Chri stal as estimated without indirect costs to TXDOT. We have a total of $200,000 but it is not available till 1999-2000. We will also have to pay for ROW and Utility Relocation Costs for each project. We will propose to only purchase drainage easements and feel that City Utility relocations will be minimal based on the distance out from all major lines and preliminary investigations. We need to develop some flexibility for shifting the early indirect costs out when they are due to keep our participation up to date. This will guarantee that we receive the Federal 90% and the State 10%. We recommend consideration of approval by City Council and ask that the flexibility for funding be developed to keep us current on our participation amounts when requested by TXDOT. If you have any questions, please call. "Dedicated to Quality Service' s k f. i i Agenda No;._._________~ Agenda Item ja County_Denton Date Af--~ CSJ_Q918-46-06b Project Road/Street % 2. NBI Structure No._AA0343 Local Designation No._0o1_____- CONSTRUCTION AND MAINTENANCE AGREEMENT FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM THE STATE OF TEXAS § THE CITY OF DENTON § THIS AGREEMENT IS MADE by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the STATE, and the r; of ntOR a local government or governmental by and through its~~y CQur1 , hereinafter called the GOVERNMENTAL AGENCY. WITNESSETH WHEREAS, Title 23, United States Code, authorizes federal funds to assist local governments in the replacement or rehabilitation of functionally or structurally deficient bridges located on a public road or street within its jurisdiction; and, WHEREAS, the State, acting by and through the Texas Transportation Commission, has approved a program of work for Off-State-System Federal-Aid Bridge Replacement and Rehabilitation; and, WHEREAS, the Governmental Agency owns a bridge located on a public road or street located at and, WHEREAS, said bridge is included in the currently approved program of projects as authorized by Commission Minute Order Number - 06 0 the State and the Governmental Agency mutually agree to effectuate e he project;=b91 U1 and Page I of 6 Design Division 10-95 v fl':d lytr F Agenda Na,_~ Q~ Agenda I em AGREEMENT Dale NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements contained herein, the State and the Governmental Agency do agree as follows. Article 1. Contract Period This agreement becomes effective upon the date of execution by the party whose signing constitutes ' final and full execution and shall terminate when the work has been completed or as provided in Article 10. "Termination". Article 2. Right of Entry The Governmental Agency hereby authorizes the State, its consultant, contractor, or other designated representative to enter the site of said bridge and adjacent right of way or relocation right of way to perform surveys, inspections, construction and other activities necessary to replace or rehabilitate said bridge and approaches. Article 3. Utility Adjustments and Right of Way The Govemmemal Agency shall provide, at no cost to the State or Federal government, the necessary adjustment of any and all utilities and services, whether publicly or privately held, as may be necessary to permit the work authorized herein. Activities associated with relocation and installation of existing utilities shall be coordinated with and carried out in a manner that does not conflict with the requirements of the State. The Governmental Agency further agrees to acquire, at no cost to the State or Federal Government, any additional right of way, if required. Article 4, Project Funding Subject to Article 3. and other provisions as follows, the general funding formula for these projects involves funding by the Federal Govemment (80•/0 of the cost), the State (10%), and the Governmental Agency (10%). The State assumes no liability for any costs except as authorized herein. The Governmental Agency agrees to pay the State (1) 10% of preliminary engineering costs incurred by the State, (2) 10% of the actual cost of construction, construction engineering and contingency, (3) 100% of any project cost item or portion of a cost item that is not eligible for the federal participation, and (4) the State's indirect costs based on the Governmental Agency's entire participation in the project. A. Indirect t:octa - Texas Government Code, Chapter 2106, requires the State to recover indirect costs associated with this agreement. The indirect costs shall be calculated based on Page 2 of6 Design Division 10-95 4 i Agenda No. Agenda It m Date prevailing rates as determined through the Texas Department of Transportation's Indirect Cost Recovery Program. B. -egg ^etc - The State will document its costs incurred for preliminary engineering and shall notify the Governmental Agency of these costs when submitting notice pursuant to Article 4(D) and/or 4(E) below. C. Construction .oct - The actual construction cost consists of the amount of the contract awarded to a contractor based upon the low bid, any supplements made thereto during the duration of the project, and construction engineering and contingencies. D. Ett== - No later than thirty days after signing this agreement, the State shall notify the Governmental Agency of payment due in an amount equal to I0% of the estimated cost of project preliminary engineering and the State's indirect cost on this amount. Forty-five days prior to the State's scheduled date for the contract letting, the Governmental Agency agrees to pay to the State an amount equal to the remainder of the Governmental Agency's agreed upon participation in the project including indirect costs on that remaining participation. Subject to Texas law, the Governmental Agency shall promptly and faithfully provide payment of the required funds. E. Interim and Final ACCDMnUU - If during the course, at termination or at the completion of the project it is found that the amount received is insufficient to pay the Governmental Agency's agreed upon participation, the State shall immediately notify the Governmental Agency who shall promptly, to the extent permitted by Texas law, transmit the required amount to the State. At the completion of the project, the State shall use generally accepted accounting procedures to determine the actual cost of the project. Excess funds paid by the Governmental Agency will be returned. Accounting records will be available at reasonable times at the office of the State for inspection by the Governmental Agency. The State will provide not more than four copies of the records when requested by the Governmental Agency. F. Cost at T r WM1i,e - If after full execution of this agreement the project is terminated at the request of the Governmental Agency, the Governmental Agency shall be responsible for all (100%) expenses incurred for the project, including indirect costs. G. Estimate ofprW= = - In conveying this agreement to the Governmental Agency for execution, the State will famish an estimate of the cost of the project that may be very tentative and made prior to the usual preliminary engineering phase of a project. Any estimate of cost provided by the State shall not limit the Governmental Agency's obligations set out in provisions of this agreement. Page 3 of 6 Design Division 10-95 c . E r Agenda No. , - Awda Item-- l Date. Article 5. Project Administration and Accomplishment of Work The State shall use its own forces to provide or shall contract for the following: A. Prepare the construction plans, specifications and estimates (PS&E). At the beginning of the construction stage, the construction plans shall be attached hereto, labeled Exhibit A, Project Plans, and made a part hereof. B. Coordinate with the Governmental Agency during plan preparation and have the GovemmenW Agency indicate approval of the project plans by signing the title sheet. C. Advertise for bids and award the contract. D. Supervise the work as required by the construction plans and specifications E. Final inspection and acceptance of the completed project. Article 6. Review of Plans by the Governmental Agency The Governmental Agency shall provide prompt review of the construction plans when requested by the State. No review shall unduly delay the progress of the project. Article 7. Governmental Agency Acknowledgment The Governmental Agency acknowledges that it is not an agent, servant, or employee of the State and further acknowledges full and complete responsibility for its own acts and deeds and for those of its agents or employees during the performance of the work authorized in this contract. Article 8. Maintenance After the project has been completed, the Governmental Agency shall accept full ownership and operate and maintain the facility authorized by the agreement for the benefit of and at no charge to the public. This covenant shall survive the completion of construction and termination of this agreement. Article 9. Sole Agreement This agreement constitutes the sole agreement between the State and the Governmental Agency concerning this project. Any prior agreement, either written or oral, respecting this project is hereby superseded. Article 10. Termination Page 4 of 6 Design Division 10-95 v f r: Agenda No. / 6 Agenda I em This agreement may be terminated before the project is completed by mutual4~~cc~eu parties with financial responsibilities carried out as assigned in Article 4, Project Funding. Article 11. Notices All notices to either party under this agreement shall be delivered personally one to the other or sent by mail or courier, postage prepaid, to the addresses shown on the signature page of this agreement. Article 12. Ownership of Documents Upon completion of the project, all documents prepared by the State shall remain the State's property. The Governmental Agency shalt have unlimited and unrestricted use of the documents. Article 13. Successors and Assigns The State and the Govemmental Agency each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns and administrators of such other party in respect to all covenants of this agreement. Article 14. Legal Construction In the event that one or more of the provisions of this agreement shall for any reason be held invalid, illegal or unenforceable, such invalidity, illegality or u nenforceability shall not affect any other provision herein, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. Article 15. Signatory Warranty The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the organization they represent. Page S of 6 Design Division 10-95 a i< Agenda No. Aenda rp i It~~ IN WITNESS WHEREOF, THE PARTIES HERETO have executed d effectuate these agreements. THE GOVERNMENTAL AGENCY (Name) BY DATE (Signature) Typed Name and Title of Signatory Under authority of Resolution/Ordinance Number Dated THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission under E authority of Minute Order 100002 for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By DATE Robert L. Wilson, RE, Director, Design Division For the purposes of this agreement, notices shall be deemed delivered when addressed and mailed to the following: The Governmental Agency: Texas Department of Transportation District Office: Page 6 of 6 Design Division 10-95 Agenda No. Agenda Item Date County Denton CSJ 0918-46-066 Project BR 95 (68) OX Road/Street_ im Christal NBI Structure No. AA0343 Local Designation No. 001 ESTIMATE COST BREAKDOWN ' FOR BRIDGE REPLACEMENT OR REHABILITATION OFF THE STATE SYSTEM Estimated Construction Cost = S 118.620.00 Federal Participation = 800/6 State Participation = 10% Local Participation = 100/9 Estimated Preliminary Engineering Cost = 70/a X Estimated Construction Cost of 118.620.00 8-303.40 Estimated Indirect Cost = 6% X 7% X Estimated Construction Cost of S 118,620.00 $ 498.20 Governmental Agency to pay within 30 days of agreement execution: (101/o X Estimated Preliminary Engineering Cost) + Estimated Indirect Cost = First Payment FIRST PAYMENT = (10% X 8-303,40) + 498,20 = $1,328.54 Governmental Agency to pay 45 days prior to Scheduled letting: 10% X Estimated Construction Cost = Estimated Second Payment ESTIMATED SECOND PAYMENT =10% X S 118.620.00 = S 11.862.00 NOTE: FIGURES ARE SHOWN FOR BUDGETING AND ARE SUBJECT TO CHANGE. b r LOCATOR MAP PROJECT: JIM CHRISTAL ROAD C-S-J: 0918-46-066 PROJECT LENGTH: 0.108 km h \ ! 8 (0.067 mil \ I I I o o \ ~ DESCRIPTION: ? REPLACE BRIDGE AND APPROACHES. 70- FM ~U.S. 380 46 _ 1 156 TO I.H. 35- \ ro BEGIN PROJECT STA. 0+000.000 X`Qk0'~ (STA. 0+00.00) 1 1 l ° 1 JIM_CHRIS_T_AL r i } - ROAD - 21 C END PROJECT ' STA 0+ 108.000 (STA. 3+54.33) t ~kgvodg 910 0/ 9 Agenda Item Date RESOLUTION NO. / A RESOLUTION OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO AMEND CITY POLICIES TO PROVIDE FOR A MODEL OF EMPLOYMENT AT WILL WITH RESPECT TO ALL EMPLOYEES, OTHER THAN THOSE GOVERNED BY CHAPTER 143 OF THE TEXAS LOCAL GOVERNMENT CODE; AUTHORIZING THE CITY MANAGER TO OFFER SEVERANCE PACKAGES TO NEW HIRES AND INCUM- BENTS IN KEY POSITIONS AT THE DIRECTOR LEVEL AND ABOVE, AND TO EXPEND FUNDS AS NECESSARY IN SUPPORT OF SAME; APPROVING REDRAFTS OF POLICIES 1.00 AND 104.02, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, for a number of years, the City of Denton, Texas has utilized, but has not been contractually bound to, a formalized progressive disciplinary process with respect to employees not governed by Chapter 143 of the Texas Local Government Code; and WHEREAS, the overwhelming majority of public and private enterprises in Texas follow a strict model of employment at will; and WHEREAS, consistent with these principles, the City Council of the City of Denton, Texas wishes to amend its disciplinary policies to confirm and clarify a model of employment at will with respect to its employees (other than those subject to Chapter 143 of the Texas Local Government Code), but wishes to do so in a manner which still provides for some measure of supervision and review of disciplinary actions taken with respect to these employees; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY RESOLVES: SECTION I. That the City Manager is hereby directed to, within the next six months, modify all personnel policies as needed to implement a model of employment at will with respect to all employees of the City of Denton, Texas (other than those subject to the protections of Chapter 143 of the Texas Local Government Code) similar to the attached Disciplinary Action Policy (109.01) and Disciplinary Review Hearing Policy (109.03), and discretion is hereby conferred upon the City Manager to make such changes in the attached policies (109.01 and 109.03) as are deemed necessary to effectuate the purposes set forth in the recitals. All policies so amended shall take effect immediately upon their approval with respect to new hires, and take effect with respect to current incumbents within six (6) months of the passage and approval of this resolution. SECTION II. That within that six month period referenced in Section I, above, the City Manager may offer any employees in key positions at the director le Eel and above whom the City Manager decides to terminate without cause the option of remaining in that position for a period not to exceed six months or, if the incumbent agrees to leave immediately, a severance package not to exceed the cost of 180 days of salary. Nothing within this section shall . Aoonda No, -019 Agands Item Data - apply to any employee subject to the requirements of Chapter 143 of the Texas Local Government Code or subject to an employment agreement with the City stating otherwise. SECTION III. That as an aid to recruitment and retention, the City Manager is hereby authorized to offer to incumbents and new hires classified in key positions at the director level and above employment agreements providing for severance packages with pro- visions similar to the agreements the City has with employees directly appointed by the City Council, The City Manager is further authorized to exercise discretion in determining which positions merit the offer of such severance packages. Said severance packages may apply to any such employee who is involun- tarily terminated ;without cause, but may not exceed the cost of 180 days of salary for the involuntarily terminated employee. The City Manager is further authorized to budget and expend funds as neces- sary pursuant to this section. Said authority shall take effect immediately upon the passage and approval of this resolution. SECTION IV- That the attached Purpose of the Policies and Procedures Manual policy (1.00), and the attached Probationary Period policy (104.02) which are both made a part of this resolu- tion for all purposes, are hereby adopted as official policies of the City of Denton, Texas, replacing all inconsistent or predeces- sor policies. Said amended policies (1.00 and 104.02) shall take effect immediately upon passage and approval of this resolution. SSCTIQN y. Each section of this resolution shall become effective as of the dates set forth therein, PASSED AND APPROVED this the _ day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: PAGE 2 r y` Y 4 Agenda No, Agenda item Date APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PAGE 3 i CITY OF DENTON PAGE -1 OF -1 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE FSECTION: REFERENCE NUMBER: POLICIES AND PROCEDURES MANUAL INSTRUCTIONS 1.00 : EFFECTI VE DATE: PURPOSE OF THE POLICIES AND PROCEDURES MANUAL 00100196 TITLE: REPLACES: PURPOSE OF THE POLICIES AND PROCEDURES MANUAL 12/15192 I, DISCLAIMER OF CONTRACTUAL TEAMS THE CONTENTS OF THIS MANUAL DO NOT IN ANY WAY CONSTITUTE THE TERMS OF A CONTRACT OF EMPLOYMENT AND SHOULD NOT BE CONSTRUED AS A GUARANTEE OF CONTINUED FYl EMPLOYMENT WITH THE CITY OF DENTON. EMPLOYMENT WITH THE CITY OF DENTON IS ON AN I AT WILL BASIS. THIS MEANS THAT THE EMPLOYMENT RELATIONSHIP MAY BE TERMINATED AT vp ANY TIME BY EITHER THE CITY OR THE EMPLOYEE FOR ANY REASON NOT EXPRESSLY PROHIBITED BY LAW, ANY ORAL OR WRITTEN STATEMENTS BY ANYONE, (EXCEPT INDIVIDUAL WRITTEN c v I EMPLOYMENTAGREEMENTS SPECIFICALLY AUTHORIZED BY THE CITY COUNCIL) TO THE CONTRARY x = ARE INVALID AND SHOULD NOT BE RELIED UPON BY ANY PROSPECTIVE OR EXISTING EMPLOYEE, 9 THE CITY OF DENTON RESERVES THE RIGHT TO ALTER OR AMEND THE CONTENTS OF THIS u o MANUAL AT ANY TIME WITHOUT NOTICE. ¢ ¢ o 11. PURPOSE The purpose of this manual is to provide supervisors and department directors with a permanent, written source of information about the policies, procedures, and administrative directives of the City of Denton. III. OBJECTIVES The objectives of this manual are: A. To establish standardized policies, procedures, and directives on issues that apply to all departments and divisions of the City. B. To reduce questions about policies, procedures, and directives by having them readily available for reference. C. To put in writing previously unwritten, "word of mouth" policies and procedures so as to make them official and minimize errors in carrying them out. D. To ensure that policies, procedures and directives are kept current by periodic updates of this manual. IV. RELATIONSHIP TO THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS Every effort will be made to ensure that policies and procedures are consistent with the Code of Ordinances c f the City of Denton, Texas. If, however, there is any discrepancy, the Municipal Code shall apply. Any person finding discrepancies should notify the Human Resources Department immediately. G S F r CITY OF DENTON PAGE 1 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION; REFERENCE NUMBER: HUMAN RESOURCES 104.02 SUBJECT: EFFECTIVE DATE: EMPLOYEE DEVELOPMENT 00/00/96 TITLE: REPLACES: PROBATIONARY PERIOD 08/01194 POLICY STATEMENT: Every person appointed to a regular position (full-time and part-time) In the service of the City shall be O required to successfully complete a probationary period of six (6) months. During the probationary period, the supervisor shall closely observe and evaluate the work of all new employees and encourage J their effective adjustment to the position by providing necessary training and orientation. The purpose of this policy is to allow the employee's supervisor; 1) to train, instruct, review, and c; E counsel the employee in the operations of the department, the expectations of the supervisor, and the ml - M ft performance level required; and 2) to point out and correct inadequate performance. The successful completion of a probationary period should not be construed as creating a contract of employment or as guaranteeing employment for any specific duration or as establishing a "just cause" disciplinary or termination standard. ADMINISTRATIVE PROCEDURES: 1. At least ten (10) working days prior to the completion of the employee's probationary period, the employee's supervisor shall assess his or her performance to determine the advisability of continued employment. The supervisor shall then prepare a status change regarding the end of the probationary period or the termination of employment containing documentation as to any performance evaluation or reasons for termination. This data shall be forwarded to the Human Resources to be placed in the employee's official file. II. If an employee is absent for 30 days or more during the probationary period, the probationary period may be extended by the amount of time the employee was absent to be equivalent to six months of performance. An employee who leaves a regular position with the City and is reemployed shall be considered a new employee and serve the six (6) months probationary period under the same conditions. Benefit accruals and eligibility will be deferred in accordance with the leave without pay policy (111.08). III. Any employee (regardless of the six-month Probationary period) will have the opportunity to apply for promotion or transfer. IV. Civil Service employees are governed by Chapter 143 of the Texas Local Government Code, Vernon's Codes Annotated. This statute is available for review in the Denton Public Library and the Departments of Fire, Police, and Human Resources. a PAGE 2 OF 2 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMBER: PROBATIONARY PERIOD 104.02 V. An employee who leaves a regular position with the City in order to actively serve in the Armed forces for not more than four years lunless extended at the request of the Government), satisfactorily completes his period of active service, and makes an application O for reemployment with the City within ninety (90) days after completion of military service ( shall be reemployed to a position for which he is qualified at the pay level he would have obtained (excluding any Increases based on work performance) had he not entered military service. In addition, service credit and seniority as it relates to vacation, longevity, and sick z° = 1 leave earned prior to and not compensated for at the time of termination will be restored. v The conditions of the preceding paragraph will be applied as required by applicable federal and 8 c state taws. 1 6. 1 CITY OF DENTON PAGE 1 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFERENCE NUMBER: HUMAN RESOURCES 109.01 SUBJECT: EFFECTIVE DATE: DISCIPLINARY POLICY 00/00196 ITLE: REPLACES: 4 DISCIPLINARY ACTION 04119188 I E P !ICY STATEMENT: n A r, I«,a the policy of the City of Denton to maintain an effective, productive, and disciplined work force in order to c s 4§liver quality and adequate services to the citizens of Denton. Each employee is responsible for performing his or her job in a safe, productive, and effective way and within the instructions and standards established by his or her supervisor. In addition, employees are expected to maintain acceptable standards of conduct in their employment, Supervisors are responsible for instructing employees in job duties and responsibilities and communicating performance standards for the job. Supervisors accomplish tf is through job orientation, job instruction, coaching and informal discussions with the employee. Those employees governed by the provisions of Chapter 143 of the Texas Local Government Vode, the City Manager, City Attorney, Municipal Judge, Assistant Judge, persons employed by a written contract signed by the city manager, probationary, temporary, and seasonal employees shall be exempted for the application of this policy, unless specifically stated otherwise herein. However, an opportunity for a response and hearing shall be afforded such employees when the conduct charged has been publicized to the extent that the reputation of the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right. The purpose of this policy Is to give direction to supervisors only. It confers no employment or property rights upon any employee, and all employees are employed strictly on an at-will basis. ADMINISTRATIVE PROCEDURES: 1. INTRODUCTION These administrative procedures are established to provide appropriate guidelines in carrying out the policies of the City of Denton regarding the progressive disciplinary program. They are intended to address general application of the principles of fair disciplinary actions in typical situations. Disciplinary actions should recognize the importance of the City's responsibility to provide quality service delivery to the citizens. These procedures address a broad range of performance of duties and conduct problems. However, they are not intended to address every problem or situation which might arise. It is the responsibility of the supervisor to determine the nature, extent, facts and circumstances in each disciplinary action and use judgment in the application of these policies and procedures. If an employee demonstrates unsatisfactory performance of duties or unsatisfactory conduct problems, disciplinary actions are designed to help the employee correct the problem and build a renewed commitment to the City and his or her job in a fair, equitable and consistent manner. I n f .~1 PAGE 2 Or 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE E ;TIVE (Continued) TITLE: REFERENCE NUMBER: DISCIPLINARY ACTION 109.01 I Definitions for purposes of these Procedures shall be as follows: Whenever the term "Director of Human Resources or designee" or "authorized representative of the Department of Human Resources is used, it shall mean the Director of Human Resources or, upon his or her absence or act of designation, the Human Resources Specialist. Whenever the term "supervisor" is used, it shall mean that person to whom an employee reports and who Is responsible for hiring the employee and administering performance evaluations and disciplinary f actions for that employee, b 4 d Whenever the term "supervisor's manager" is used, it shall mean that person to whom an employee's supervisor reports. ll. GENERAL CRITERIA TO BE CONSIDERED IN DISCIPLINARY ACTIONS The supervisor may consider the following criteria in determining what disciplinary action Is to be taken: 1. Severity and kind of offense(s) 2. Impact of the offense(s) on other employees, the City and citizens 3. Employee's length of service and work record 4. Period of time since discussion with the employee about a similar problem or recent disciplinary action for the some or similar problem 5. Past disciplinary actions taken by the City for the same or similar problem All or a combination of the following disciplinary measures may be taken depending upon the particular circumstances surrounding the employee's conduct. It a supervisor determines that the nature, severity and impact of the employee's action(s) require severe disciplinary action, he or she should thoroughly investigate the situation, discuss it with his or her immediate supervisor and an authorized representative of Human Resources and obtain approval of his or her Department Director and the Director of Human Resources prior to taking any action. III. RESPONSIBILITY AND AUTHORITY FOR ADMINISTERING DISCIPLINARY ACTIONS Immediate supervisors are responsible for enforcing all City policies and procedures, accomplishing the goals and objectives of a division or department and maintaining the work performance, attendance and conduct standards among their employees. They are vested with the authority to take appropriate disciplinary action under the directions and guidelines set forth in these procedures. I . The City Manager, an Executive Director, Department Director, division manager, or supervisor may issue an oral or written reprimand to an employee under his of her responsibility, place an employee on a disciplinary progress period, suspend an employee without pay, or dismiss an employee. G PAGE-3 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMBER: DISCIPLINARY ACTION 109.01 2. Prior to any disciplinary action being administered, the supervisor will conduct a thorough examination of the situation before deciding to take any disciplinary action. O 3. All proposed disciplinary progress periods, suspensions or terminations shall be reviewed by the Director of Human Resources or his or her designee prior to any formal action being taken. 4. All disciplinary a,:tions for written reprimands, suspensions, disciplinary progress periods and J2 c terminations will be properly documented, substantiating tho action being taken and copies of documents required by this policy will be included in the department and Human Resources Department files. a A 5. If a serious problem arises endangering the safety, health, or life of the employee, another employee, citizen or if in the judgment of the supervisor, the employee problem is unmanageable, a supervisor has authority to proceed immediately to place the employee on administrative leave with pay. The supervisor will immediately notify his or her manager and the Director of Human Resources or his or her designee. This will allow time to investigate, determine appropriate action and discuss alternate actions prior to formal action being taken. 6. The City Manager shall have authority to discipline an Executive Director, Director, or other direct reporting subordinate. Executive Directors shall have the authority to discipline a Director or other direct reporting subordinate. IV. EXAMPLES OF PERFORMANCE DEFICITS AND PERSONAL CONDUCT SUBJECT TO DISCIPLINARY ACTION Coaching and informal discussions are everyday responsibilities performed by supervisors to ensure employees are performing their jobs and conducting themselves in an acceptable manner. If a work performance, attendance, or conduct problem arises, the supervisor may coach and informally discuss the problem with the employee. The objective is to assist the employee in recognizing that a problem exists and develop effective solutions to correct the problem. Normally, the employee corrects most problems in this manner, However, when informal discussions fail to bring about the appropriate changes In the employee's behavior, formal disciplinary action may be taken. The following actions are intended to be descriptive and serve only as a guide to the types of problems for which disciplinary action may be appropriate. This listing Is not intended to be exhaustive or exclusive of the types of conduct for which disciplinary action may be taken: A. Performance of duties The following are examples relating to unsatisfactory performance of duties for which disciplinary action may be taken: 1. Incompetency in the performance of duties. The fact that any employee is deemed competent at the time of employment shall not preclude a judgment of incompetency as the result of apparent unwillingness to perform assigned tasks, being absent without leave or demonstrat- ing unnecessary absence from the assigned work area during assigned hours of work. Other methods of proof of Incompetency shall include repeated oral and written disciplinary actions i G 3 4 F PAGE 4 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued! TITLE; REFERENCE NUMBER: DISCIPLINARY ACTION 10801 for minor infractions of policies, rules, regulations, manuals, or directives, or repeated oral and written disciplinary actions demonstrating the employee's inability to meet performance standards, 2. Failure to satisfactorily meet performance standards for the position. 3. Patt erned absenteeism without sufficient medical justification. 4. Absence without approved leave. 0td,o2 a, 5. Tardiness, as an habitual pattern or failure to report for duty at the assigned time and place. 8. Violation of written departmental regulations regarding the performance of duties. 7. Careless, negligent or improper use of City property or equipment. 8. Improper use of leave privileges. 9. Discourteous treatment of the public or other employees. 10. Neglect or carelessness in the performance of duties. 11. Failure to most or maintain specified conditions of employment, such as failure to obtain or maintain a license or certificate required as a condition for performing a job, 12. Negligently causing damage to City property. 13. Causing or contributing to an accident by operating City equipment in an unsafe or unauthorized manner. B. Personal Conduct The following are examples relating to personal conduct for which disciplinary action may be taken. The list is not intended to be all inclusive. It does describe examples of conduct which management believes areunacceptable and couldleopardize anemployee's continued employment. Examples are: 1. Theft of, siding in, or encouraging the theft of cash, City property or equipment. 2. Destroying City records without authorization. 3. Falsifying City records, including application for employment or medical Information or other information concerning employment status. 4. Willful damage to public property or willful waste of public supplies, service, or equipment. a f PAGE 5 OF 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMBER: DISCIPLINARY ACTION 109.01 5. Insubordination: the refusal to perform a reasonable, lawful, safe and proper work assignment, duty or task from an authorized supervisor. 6. Physical assault committed on the job upon a City employee, member of the public or City © official. } 7. Using an official position or office for economic gain or soliciting favors or gratuities for performing services required by the employee's position. 8. Disclosing information as defined by statute to be confidential. 9. Unauthorized use or possession of City funds. 10. Unlawful possession or use of dangerous weapons, such as firearms or knives on the job. 11. Using threats against another employee or a member of the public. 12. Engaging In any employment activity or enterprise which constitutes a conflict of interest. 13. Using City property or equipment without authorization. 1A. Dereliction of duty: Dereliction of duty on the part of any employee, detrimental to the proper performance of the functions of the City, is cause for disciplinary action. The following subsections constitute dereliction of duty: (a) Failure of a supervisor to Immediately take action when a violation of policies, rules or regulations comes to his or her attention, regardless of the supervisor's or violator's 1 assignment or position In the City. (b) Failure to observe and give effect to the policies of the employee's department or the City. (c) Failure to deliver to the official City custodian any property found by, confiscated by, or relinquished to employees of the City without undue delay and, in any event, before the work day Is ended. 1.i. Misusing or failing to use delegated authority in the performance of duties. i 16. Using abusive language toward employees or the public. 17. Unnecessarily disrupting the work of other employees. 18. Operating or conducting gambling on the job or on City property. 19. Drinking alcoholic beverages during working hours. a PAGE 6 OF 10 POLICY/ADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMSER: DISCIPLINARY ACTION 109.01 20. Violating safety rules or practices which endanger the employee or others or damages City property or equipment. 21. Playing tracks or jokes or engaging in horseplay on the job. Q 22. Making derogatory racial, age, ethnic or sexist remarks while on duty. V E 23. Engaging in personal business while on duty without authorization of his or her supervisor. i a 0 24. Failure to report damage to City equipment or property of others. $ $ 0 26. Appropriating City property, i.e., equipment, furniture or construction materials which have been abandoned or discarded. 28. Utilizing City data or information systems for any reason other than City business. 27. Sleeping on the job. 28. Falsely reporting illness or Injury, or otherwise attempting to deceive any official of the City as to a health or medical condition. 29. Engaging in unbecoming conduct, either on or off duty. 30. Employees may be disciplined, up to and Including discharge, for conduct which occurs outside regularly scheduled working hours, if such conduct effects the employee's ability to work for the City, or if it places the City Council, City Administration, or the City's reputation in a negatively viewed position. An example which might be considered a negatively viewed position is arrest or conviction for a criminal or civil offense which jeopardizes the citizen's trust or confidence in an employee's ability to perform his or her job duties and responsibili- ties. V. DISCIPLINARY PROCESS The following disciplinary process outlined below may be applied to an employee whose performance of duties or personal conduct is unsatisfactory, The policy of progressive discipline shall in no way prevent the supervisor from taking appropriate disciplinary action when the severity of the violation(s) warrants such action. The following are intended to be descriptive and serve only as a guide to the types of disciplinary responses which may be appropriate. This listing is not intended to be exhaustive or exclusive: ti E PAGE 7 OF i0 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE {Continued} TITLE: REFERENCE NUMBER: DISCIPLINARY ACTION 109.01 A. Reprimands Q 1. Oral Reprimand. ~ l a. The supervisor shall discuss the situation with the employee in private and make every effort to discover the reason(s) for the employee's performance and advise the employee z° L of the necessary changes In his or her behavior to correct the problem. *0 N m u b. A report concerning the discussion and specific actions and agreements to correct the g $ problem will be prepared by the supervisor for inclusion in the employee's department or division personnel file. c. The report will remain in the department or division personnel file unless the report is needed to substantiate subsequent disciplinary action. 2. Written Reprimand. a. Any supervisor In the employee's chain of command may issue a subordinate employee a written reprimand. In the event that the reprimand is issued by someone other than the employee's direct supervisor, a report of such action shall be made to the direct supervisor. The written reprimand may be Issued when the employee has demonstrated an inability to perform his or her job duties, or has had more than two absences or minor personal conduct problems. An employee who demonstrates significant inability to perform his or her duties or a serious personal conduct problem may be issued a written reprimand without having been Issued an oral reprimand or having discussed the problem with his or her supervisor. It Is recommended that a written reminder or reprimand include the following information: 1. The reason for the reprimand, including previous oral reprimands or informal discussion for the same or other violations. 2. The effective date or dates of the reprimand. 3. The specific change in behavior expected by the supervisor. 4. The time frame allowed for improvement to occur. b. A copy of the report shall be forwarded immediately to the employee's official file in the Human Resources Department, the super visor's immediate superior and the employee. B. Disciplinary Progress Period 1. Differences in the nature of the work unit, type of work performed, the type of performance problem and the severity of the impact on the organization, may require that different disciplinary actions be available that are responsive to both the needs of the employees and the needs of tie organization. a h r 1 1~. PAGE 8 OF 10 POLICY/ADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMBER: DISCIPLINARY ACTION 109.01 C9 Q _ 2. When the job performance of an employee falls below the acceptable level, supervisors should point out deficiencies to the employee at the time they are observed. An employee who continues to perform below the acceptable level may be placed on a formal program desioned C v t to improve performance. The supervisor should communicate this to the employee orally and by presenting him with a memorandum including the following: v r g a. The specific deficiencies observed in the employee's performance of duties. b. The actions necessary to bring about Improvement. c. The period of time in which improvement must occur. d. The specific dates and times during this period at which the supervisor shall meet with the employee and discuss his or her progress in improving his or her performance. e. What further action will result if the employee fails to show satisfactory improvement. The memorandum should be signed by both the employee and the supervisor. The employee should understand that his or her signature indicates receipt of the document only, not necessarily acceptance of its contents. If the employee refuses to sign, the supervisor should have a witness sign that a copy was given to the employee. The original memorandum shall be maintained within the department, a copy given to the employee and one placed in the employee's permanent personnel file maintained in the Human Resources Department. 3. If an employee fails to demonstrate the necessary improvement as required in the memorandum upon completion of the disciplinary progress period, the supervisor may reassign, demote or dismiss the employee. 4. If an employee demonstrates sufficient Improvement as required in the program, the supervisor will discuss the Improvements with the employee and monitor the employee's performance. 5. Nothing shall preclude a supervisor from proposing disciplinary action when an employee commits an act of serious personal misconduct even though the employee is completing a disciplinary progress period. C. Suspension Without Pay 1. A supervisor may recommend a suspension without pay for up to 30 days. In determining the length of the suspension, the supervisor should consider the nature and severity of the conduct, impact on the organization and previous disciplinary actions. No disciplinary suspension or combination of suspension will exceed 30 working days in a 12-month period. All proposed suspensions without pay will require the approval of the Director of the Human Resources or his or her designee. Employees classified as exempt under the Fair Labor Standards Act should not be suspended for less than one week. F t; POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE IContinuedGE a OF 10 TITLE: REFERENCE NUMBER: DISCIPLINARY ACTION C r 1os.o1 z ~ t E 2• Before an employee is suspended, notice of the proposed disciplinary action shall be given to the employee. The employee may respond to the supervisor proposing the suspension within e two (2) working days. While the response may be In oral or written form, the supervisor shall g Q 4 ensure that a face-to-face meeting with the employee occurs to review the response, giving the employee the opportunity to present facts on his or her behalf. After such response Is made, the supervisor shall consider the response and render a written decision to the employee. 3. If the employee chooses not to respond, the suspension will become effective when the employee signs a waiver form and submits it to his or her supervisor. 4. If the employee fails to respond, he or she will suspended without pay on the next day following the expiration of two (2) working days from the date of service of the notice of disciplinary action or as soon thereafter as determined convenient for the Department by the supervisor and as approved by the Director of Human Resources or his or her designee. 5. in the event the employee chooses to respond, and after reviewing the testimony and evidence presented by the employee, the supervisor decides the proposed suspension remains appropriate, the employee shall be suspended without pay. 8. An employee who Is suspended may request a hearing to review the action with the Disciplinary Review Hearing Policy 109.03 In accordance respond to the proposed action. , even if he or she did not choose to D. Dismissal 1. A supervisor may i y propose that the employee be dismissed from employment with the City of Denton. A supervisor proposing a dismissal must provide clear, specific and detailed justification for an action of dismissal. All dismissals will have the approval of the Director of Human Resources. All dismissals will afford the employee an opportunity to respond as outlined in these procedures. The supervisor will provide documentation of the conduct leading to the recommendation for dismissal. 2. The employee shall be given written notice of a proposed dismissal. It shall be sufficient that the notice set forth in general terms the reasons for the proposed dismissal. The employee may respond to the supervisor proposing the dismissal within two (2) working days. While the response may be in oral or written form, the supervisor shall ensure that a face-to-face meeting with the employee occurs to review the response, giving the employee the opportunity to present facts in his or her behalf. After such response is made, the supervisor shall consider the response and render a written decision to the employee, 3. If the employee chooses not to respond, the dismissal will become effective when the employee signs a waiver form and submits it to his or her supervisor. 4. If the employee fails to respond, he will be dismissed at the expiration of two (2} working days from the date of service of the notice of proposed dismissal. JJSM F tea, i F PAGE 10 0, 10 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Contlnued) TITLE: O REFERENCE NUMBER; DISCIPLINARY ACTION ~ 109.01 z t 5. In the event the employee chooses to respond, and after reviewing the testimony and o^ evidence presented by the employee, the supervisor decides the proposed dismissal remains appropriate, the employee shall be dismissed. g 6. An employee who is dismissed may request a hearing to review the action in accordance with the Disciplinary Review Hearing Policy 109.03, even if he or she did not respond to the proposed action. 7. Upon the concurrent approval of the City Manager and City Attorney, after consultation with the Director of Human Resources, the City Manager may deviate from any or all of these procedures and summarily dismiss any employee at any time for any reason or for no reason, with or without a hearing. VI. TEMPORARY, SEASONAL AND PROBATIONARY EMPLOYEES A. Except as provider' in Section V of Policy 109.03, a probationary, temporary or seasonal employee may be disciplined or dismissed for any reason or for no reason without being afforded a hearing. c 1i CITY OF DENTON PAGE 1 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE SECTION: REFERENCE NUMBER: © HUMAN RESOURCES 109.03 SUBJECT: EFFECTIVE DATE: ~Ic C E DISCIPLINE AND SEPARATION POLICIES 00100196 o co TITLE: REPLACES: i Q Q O DISCIPLINARY REVIEW HEARING 04119/88 POLICY STATEMENT: It Is the policy of the City of Denton to give individual employees an opportunity for a hearing regarding disciplinary dismissal, disciplinary suspensions or demotions. Disciplinary review hearings are designed to be heard according to prescribed guidelines as set forth in the following Procedures. The disciplinary review hearing process Is designed to afford the employee a responsive forum to guard against biased or arbitrary decisions, and to provide a forum for a name clearing hearing; however, nothing in this policy shall be construed as a grant to any employee of a property right in tenured public employment. All employees are employed strictly on an at-will basis. Those employees governed by the provisions of Chapter 143 of the Texas Local Government Code, the City Manager, City Attorney, Municipal Judge, Assistant Judges, persons employed by a written contract signed by the City Manager, probationary, temporary and seasonal employees shall be exempted from the application of this policy, unless specifically stated otherwise herein. However, an opportunity for a response and hearing shall be afforded such employees when the conduct charged has been publicized to the extent that the reputation of the employee is brought into dispute or the conduct charged constitutes the exercise of a constitutional right. ADMINISTRATIVE PROCEDURES: f. GENERAL DISCIPLINARY REVIEW HEARING INFORMATION A. Since it Is important that disciplinary review hearings be resolved as rapidly as possible, time limits, as set out In the following paragraphs, shall be considered a maximum and every effort shall be made to expedite the process. However, the limits may be extended or shortened at any or all steps if both parties agree In writing. In the event either party cannot agree, the Director of Human Resources shall have the discretion to shorten or extend the time limits. In the event the fast day of a time limit falls on a weekend or a City holiday, the time limit shall include the next working day. In all instances, consecutive working days will be counted (excluding Saturday, Sunday, and City holidays) in arriving at the length of the time Interval. Under nc circumstances shall any failure to meet any time limit affect the validity or finality of event for which a hearing is sought. S. A disciplinary review hearing not responded to within the time limits prescribed by the appropriate representative at each step shall be considered a violation of this policy for which the representa- tive may be subject to disciplinary action. C. All requests for disciplinary review hearings must be in writing on forms provided by the Human Resources Department, and must be filed with the Human Resources Department. An employee a M r PAGE 2 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMBER: r DISCIPLINARY REVIEW HEARING i 103.03 2 u ~ v a shall choose whether he or she desires to pursue an informal formal disciplinary review hearing a o process and shall indicate his or her choice on the form. All decisions rendered In response to disciplinary review hearings must be in writing 10 the employee, either In form at memorandum or letter at. D. An employee who requests a disciplinary review hearing must Inform the Human Resources Department In writing of his or her correct mailing address and telephone number. Failure to provide current mailing address and telephone information may result in administrative closure of the disciplinary review hearing. E. An employee who perceives that he or she has been coerced or forced to resign at any time any Investigative action or any administrative action is taken or pending may request a disciplinary review hearing as provided for herein. II. INFORMAL HEARING PROCESS A. An employee who has been demoted, suspended or dismissed may request an informal hearing to be conducted by the Director of the employee's department. If the director played a role in the disciplinary action proposed, the Director of Human Resources or Human Resources designeo will assign a hearing officer to the Informal hearing. This officer will normally be the director's supervisor or another director or executive director. A director shall be presumed to have played a role in the disciplinary action if he or she: 1. Discussed the details of the proposed disciplinary action with the employee or any supervisor in the chain of command; 2. Approved the disciplinary action; or 3. Personally imposed the disciplinary action. Nothing shall prevent a director from acting as the hearing officer for an employee's hearing if he or she has merely been Informed of the type of disciplinary action imposed against the employee. 8. The employee must make the request for the informal hearing in writing within 10 days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. C. The employee shall waive a formal hearing. 0. A decision will be rendered by the manager hearing the informal hearing and communicated to the employee In writing within 30 days of the employee's request for an informal hearing. E. The decision of the manager conducting the informal hearing shall be final. x PAGE 3 OF 5 POLICYIADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE {Continued) TITLE: REFERENCE NUMBER: Q ) DISCIPLINARY REVIEW HEARING 109.03 ly- d obi z F. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated, a t o no particular burden of proof need be met to sustain a termination or disciplinary sanction. III. FORMAL HEARING PROCESS A. An employee who has been demoted, suspended or dismissed may request a formal hearing to be conducted by the director of the employee's department. If the director played a role in the disciplinary action proposed, the Director of Human Resources or designee will assign a hearing officer to the formal hearing. This officer will normally be the director's supervisor or another director or executive director. A director shall be presumed to have played a role in the disciplinary action if he or she: 1. Discussed the details of the proposed disciplinary action with the employee or any supervisor in the chain of command; 2. Approved the disciplinary action; or 3. Personally imposed the disciplinary action. Nothing shall prevent a Director from acting as the hearing officer for an employee's formal hearing if he or she has merely been informed of the type of disciplinary action imposed against the employee. S. A formal hearing is a structured, procedural hearing requiring City representatives to present evidence, introduce witnesses, and prove facts to support justification of the action taken against the employee. The employee or his or her representative may present evidence, introduce witnesses and prove facts to support that the action is unjustified. Each party Is entitled to legal representation. The formal hearing will be heard by a hearing officer according to guidelines outlined In Section VI. C. The employee must make the request for the formal hearing to the Director of Human Resources in writing within 10 days after receiving notification of an action taken. The written request must set forth the specific reasons why the employee feels the action is not justified. D. A decision will bo rendered by the designated hearing oKer and communicated to the employee in writing within 30 days of the employee's request for a hearing. E, The decision of the designated hearing officer will be final and the employee is not entitled to further hearing. F. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated, no particular burden of proof need be met to sustain a termination or disciplinary sanction. p. PAGE 4 OF 5 POLICY/ADMINISTRATIVE PROCEDUREIADMINISTRATIVE DIRECTIVE (Continued) TITLE: REFERENCE NUMBER: Q DISCIPLINARY REVIEW HEARING 109.03 r J El a° = IV. REMOVAL HEARINGS FOR OFFICERS AND DEPARTMENT HEADS: n .s A. As an alternative to the procedures otherwise allowed by this policy, officers and department o heeds may request a hearing in the event of their removal as provided by Charter. B. As all employees are employed strictly on an at-will basis, no particular burden of proof need be met to sustain a termination. C. Officers and department heads may request a hearing pursuant to the provisions outlined in Sections II and Ill relating to the imposition of disciplinary actions not constituting removal. The procedure for such a hearing is outlined in Section VI, below. V. PROBATIONARY, TEMPORARY AND SEASONAL EMPLOYEES A. Except as provided in Section B, below, a probationary, temporary or seasonal employee may be suspended without pay, demoted, or dismissed without being afforded a disciplinary review hearing. B. If the conduct giving rise to the suspension, demotion, or dismissal falls within one of the following categories, disciplinary review hearing procedures shall be afforded as provided in Sections tl or III: 1. If the conduct constitutes the exercise of a constitutional right, and if the department attempts to take an action against the employee for this activity. The department must demonstrate that the exercise of the constitutional right has resulted in an impairment of the efficiency of the City. 2. If it has been recommended that the employee be suspended, demoted or dismissed and the conduct charged has been publicized to the extent that the good name, reputation, honor, or integrity of the employee is brought Into dispute. Examples Include, but are root limited to, dishonesty, criminal activity, immoral conduct or incompetency. C. Among the purposes of affording disciplinary review hearings are to permit the temporary or seasonal employee to record for future employment any facts in mitigation of the alleged conduct, or to refute or rebut public allegations concerning the conduct. VI. HEARING PROCEDURE FOR FORMAL HEARINGS A. Opening Statements 1. Employee gives brief summary of reason for appeal 2. Supervisor gives brief summary of reason for action B. Presentation of Witnesses 1. Witnesses for employer make statements (may be in question and answer form narrative) 2. Hearing Officer asks questions, if any, of employer's witnesses 't PAGE 5 OF 5 POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued) 4 TITLE: DISCIPLINARY NCE NUMBER: REVIEW HEARING r = 109.03 z v I a o C G g 0 3. Witnesses for employee make statements {may be in question and answer form or narrative) 4. Hearing Officer asks questions, if any of employer's witnesses C. Closing Statements 1. Employer gives brief summary. 2. Employee gives brief summary. D. Other Procedural Guidelines 1. No cross-examination of witnesses by the opposite party is permitted. 2. The Hearing Officer will exclude Irrelevant material. 3. The Hearing Officer may ask questions as he/she thinks necessary. 4. The Hearing Officer may call witnesses if he/she believes necessary. 5. Upon conclusion of the hearing, the Hearing Officer shall make a written recommendation to the City Manager. The City Manager shall be the final decision-maker. 6. All arrangements for hearing shall be coordinated by the Human Resources Department. 7. As all employees are employed strictly on an at-will basis, and no contractual rights are implicated, no particular burden of proof neea be met to sustain a termination or disciplinary sanction. E. Appointment of Hearing Officer 1. If employee is below Director level Hearing Officer shall be named by City Manager and should be at C;rector level or above. 2. if employee is at Director level or above, then the City Manager shall serve as the Hearing ONicer. In the event that the hearing concerns the enployee's removal, the employee may instead request a hearing before the City Council as per Charter. Such a hearing before the City Council is not constrained by the stricture of this policy. i r5J'.l fy 7 w 4 Ageno No. Agenda it: Date r CITY OF DENTON TEXAS MUNICIPAL BUILDING DENTOk TEXAS 76201 • TELEPHONE 817.5664309 Office of the City Secrelary MEMORANDUM ~i DATE: May 3, 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: z Keep Denton Beautiful Board - Luanne Hicks has resigned. This is a nomination for Council Member Brock. If you require any flirther information, please let me know. J fer W ers y Secr ry ACCOOOF4 i "Dedicated to QuaIlry Service" t. C°SAgeAtem AgenAPR 9 1996 Date 0Ti Jt J[iY7l)fJ CRYMENTON TEXAS cr>Y "i si: Dl N. PxroN rtx~s~aor • et r nsssa~ • oFw~ri=rRO~.~y P4,nning anJDaoalapM#nf Deparfm¢nt MEMORANDUM DATE: April 18, 1996 TO: Honorable Mayor Castleberry FROM: Frank H. Robbins AICP, Director of Planning and Development SUBJECT: Development Policy Committee Resignation I received a phone call from Donna McClendon about 15 days ago. She told me she would not be able to serve on the Development Policy Committee which is updating Development Plan. She indicated that she had missed communicating this to you before nher appointment. She asked how to proceed, and I asked her to write a letter to you addressing it to the department and that I would get the resignation letter to you. I have not received the letter. She did not attend the first meeting. I would assume you have another opportunity to appoint a neighborhood representative. Please advise us if we can be of any assistance. rank H. Robbins, Cp FHR:Iah Jennifer Walters, City Secretary AUUDA71 unilli 7rC~ tJ t?U4~11q ♦Cfr .j v t CC if r'. r \ndocs\crd\canvas,o Agenda No. / Agenda film Date - ORDINANCE NO. AN ORDINANCE CANVASSING THE RETURNS AND DECLARING THE RESULTS OF THE REGULAR MUNICIPAL ELECTION HELD IN THE CITY OF DEMON ON MAY 4, 1996, AND PROVIDING AN EFFECTIVE DATE. ' THE COUNCIL OF THE CITY OF DENTON, HEREBY ORDAINS: SECTION I. The City Council finds and declares that the May 4, 1996, regular municipal election was duly ordered for the purpose of electing three Councilpersons to Places 5, 6, and 7; that proper notice of said election was duly given and election officials ap- pointed; that the election was duly held and the returns of the election officials have been delivered to the Council, all in ac- cordance with the laws of the State of Texas and the Charter and ordinances of the City of Denton. U&CTION II. The official returns of the election officials having been opened, examined and canvassed, and the Council hereby finds and declares that ballots were cast at the elec- tion, and that the votes cast for each place on the Council were as follows: TOTAL EARLY VOTES CAST: FOR PLACE 5: Roni Beasley - votes FOR PLACE 6: Euline Brock votes FOR PLACE 7: Derrell Bulls votes Joe Dodd - Jack Miller _ votes Tom Silva _ votes votes The early votes cast in District One for each candidate are as follows: FOR PLACE 5: Roni Beasley _ votes FOR PLACE 6: Euline Brock - votes c 4 L Agenda No. ..1.-_ Agenda Item Date FOR PLACE 7: Derrell Bulls votes Joe Dodd votes Jack Miller _ votes Tom Silva - _ votes The early votes cast in District Two for each candidate are as follows: FOR PLACE 5: Roni Beasley _ votes FOR PLACE 6: Euline Brock _ votes FOR PLACE 7: Derrell Bulls votes Joe Dodd Jack Miller votes Tom Silva votes - votes The early votes cast in District Three for each candidate are as follows: FOR PLACE 5: Roni Beasley _ votes FOR PLACE 6: Euline Brock _ votes FOR PLACE 7: Derrell Bulls _ votes Joe Dodd Jack Miller _ votes Tom Silva _ votes - votes The early votes cast in District Four for each candidate are as follows: FOR PLACE 5: Roni Beasley _ votes FOR PLACE 6: Euline Brock _ votes PAGE 2 a F Agenda No. Agenda Item Dales - ~ ~ rr o FOR PLACE 7: Derrell Bulls _ votes Joe Dodd votes Jack Miller votes Tom Silva votes TOTAL REGULAR VOTES CAST: FOR PLACE 5: Roni Beasley votes FOR PLACE 6: Euline Brock votes FOR PLACE 7: Derrell Bulls votes Joe Dodd votes Jack Miller votes Tom Silva votes The total regular votes cast in District One for each candidate are as follows: FOR PLACE 5: Roni Beasley votes FOR PLACE 6: Euline Brock votes FOR PLACE 7: Derrell Bulls votes Jae Dodd _ votes Jack Miller votes Tom Silva i votes The total regular votes cast in District Two for each candidate are as follows: FOR PLACE 5: Rani Beasley votes FOR PLACE 6: Euline Brock votes PAGE 3 A F Agenda ND. 96 -ell q Agenda I ern. Date ' FOR PLACE 7: Derrell Bulls votes Joe Dodd votes Jack Miller votes Tom Silva votes The total regular votes cast in District Three for each candidate are as follows: FOR PLACE 5: Roni Beasley votes FOR PLACE 6: Euline Brock votes FOR PLACE 7: Derrell Bulls _ votes Joe Dodd votes Jack Miller _ votes Tom Silva votes The total regular votes cast in District Four for each candidate are as follows: FOR PLACE 5: Roni Beasley votes FOR PLACE 6: Euline Brock votes FOR PLACE 7: Derrell Bulls votes Joe Dodd votes Jack Miller _ votes Tom Silva votes SECTION III. The Council finds and declares that each candi- date listed below received a majority of the votes cast for each place on the Council and that each candidate listed below is hereby declared to be elected to the City Council of the City of Denton: FOR PLACE 5: FOR PLACE 6: FOR PLACE 7: PAGE 4 V 4 $1. Ca. 10) Agenda No. ` U ( 4 AL2 orv and to id Agenda item Oat - Public Building, Shop, yard of Local, State or Federal Government Recr t.,.,al and n { 'Ae-6eel-~r~ ~ric~t~ra2 ~ Iles ~~j~ TVD! ii'~ r itJ auu~~~ Floor/Area Ratio 2:1 Maximum TIN I 1bQI1ti~li Front yard: Minimum 25 feet, side Yard: No side yard is specified for non-residential use district haere a non-residential use abuts upon a a residential dline istrict lord when uthedsideicts from adjacent to the street, in which event a tenrd is foot side yard shall be provided. (10) Rear Yard: No rear year is specified for non-residential use except where retail, commercial or industrial uses back upon a common district line, whether separated by an alley or not, dividing the district from any of the residential districts listed, a minimum of ten (10) feet shall be provided. Twenty (20) stories, except as required for all structures over three ( d Sin special setback ) stories. 10 Iran 2 1. Parking (Based on use. See Article 34-115.) 2. Signs 3. Lighting 4• Landscaping 5. Screening i Fencing w K 4 i Z•96.008 ATTACHMENT 2 Agenda No./0 - ev ~ Agenda Item _ Date ^9 Cto- ORDINANCE N0. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT C',kSSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[c]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 5.0 ACRES OF LAND LOCATED CM THE WEST SIDE OF I-35, APPROXIMATELY 200 FEET NORTH OF RECTOR ROAD! PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000-00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. Rob Rayner, on behalf of Mrs. Ruth Rector, initiated a change in zoning for 5.0 acres of land from the Agricultural (A) zoning district classification and use designa- tions to the Commercial (C) zoning district classification and use designation; and WHEREAS, on April 10, 1996, the Planning and Zoning Commission recommended approval of a change from the Agricultural (A) zoning district and use classification to the Commercial Conditioned (C[c]) zoning district and use classification; and WHEREAS, the City Council finds that the change in zoning will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION i. That the zoning district classification and use designation of the 5.0 acres of land described in Exhibit 1, is charged from the Agricultural A and use designation to the Commercial zoning ddistrict i ioned c(C[c]i) honing district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. The list of prohibited uses be as in Exhibit 2. 2. Total floor area for all buildings constructed on the 5.0 acres not exceed 20,000 square feet. 3. All loading dock and dumpster areas shall be screened from view of I-35 by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least six (6) feet above grade. If vegetation is chosen, the owner of the property shall maintain such that it remains opaque throughout the year. 4. That corrugated, or any other metal exterior, shall not be allowed on any new building elevation visible from I- 35 for any new buildings. b Y F i Agenda No. - Agenda Item, Date loq _ ` (0 - 5. The owner of the property shall maintain all trees larger than two (2) inches in diameter within ten (10) feet of any property line not along I-35. 6. No "off-premise" signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its successor) will be permitted. 7• No direct off-site lighting. 8. A "bufferyard" being fifteen (15) feet wide, and consisting of four (4) canopy and eight (8) understory trees per each one hundred (100) linear feet be installed along the southern property line of the acreage described in Exhibit 1. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION IV. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996. ATTEST: BOB CASTLEBERRY, MAYOR JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 I 1 _ EKK1131T_ Agenda No. Wo - 0)-9 Agenda Item 5.0 Acre Tract Dates ALL that certain tract of land situated in the J. Ayers Survey, Abstract No. 2, and the e. Burleson Survey, Abstract No. 65, County of Denton, Taxes and being part of a called 88.54 acre tract of land described in the deed from S.R. Rector et ux to S.D. Rector by deed recorded in Volume 747, Page 410 of the Deed Records of Denton County, Texas, the subject tract being described from record information as foliwei BROIHNINO for the Southeast Corner of the herein described tract in the Nest Right-of-way of IM-35 and being North 10 Degrees 11 Minutes 08 Seconds West a distance of 24.42 feet, North 32 Degrees 09 Minutes 19 Seconds Rest a distance of 55.45 feet, North 04 Degrees 21 Minutes 59 Seconds West a distance of 20.00 feet, and North 26 Degrees 10 Minutes 04 Seconds West a distance of 134.63 feat from the intersection of the South line of the Rector tract and the West Right- of-way of IN-35; TMRNCR South 82 Degrees 00 Minutes West parallel with the South line of the Rector tract across the Rector land a distance of 492.4 feet, more or less; THZNCR North Oe Degrees 00 Minutes West across the Rector lands a distance of 400.0 foots TNRNCR North 82 Degrees 00 Minutes Cast, parallel with Rector Road a distance of 629.4 feet, more or less, to the West Right-of-way of IN-351 TMRNCR Southerly with the IM-35 Rigbt-of-way the following three calls3 1) South 07 Degrees 29 Minutes 36 Seconds Most a distance of 79.6 feats 2) South 24 Degrees 49 Minutes S2 Seconds West a distance of 194.7 feats 3) South 04 Degrees 21 Minutes 59 Seconds Cast a distance of 160.00 feats to the POINT OF BROINNINO so as to enclose 5.0 acres of land. jd56/sxhibitOA' 10-19.95 ti s Agenda No.V! Agenda Item. S'R EXHIBIT 2 Date `7-5- LIST OF PROHIBITED USES Community Unit Development Halfway House Occasional Sales Home Occupation ON Street Parking Incidental to Main Use Off Street Remote Parking Sewage Pumping Station Water Reservoir, Water Pumping Station or Well Amusement, Commercial (Outdoor) Dance Hall or Night Club Rodeo Grounds Sexually Oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Theater, Drive-in Bus Station or Terminal Motor Freight Terminal Railroad Freight Terminal Railroad Passenger Station Railroad Track or Right-of-way Railroad Team Track Truck Parking Lot Auto Laundry Auto Painting and Body Repair Auto Sales and Repair (in building) New Auto Parts Sales Stores New or Used Car Sales Lot (in open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (in building) Pawn Shop Secondhand Store, Used Furniture or Rummage Sale Tool or Trailer Rental Animal Clinic, Hospital or Kennel (with outside runs or pens) Hatchery, Poultry Contractors Shop and Storage Yard Engine and Motor Repairing Feed Store Heavy Machinery Sales and Storage Storage and Sales of Furniture or Appliances (outside a building) Trailer Rental or Sales Transfer, Storage and Baggage Terminal F y Agenda No. Agenda Item g Trailer Camp or Mobile Nome Park Date Electrical Generating Plant Private Utility Shop or Storage Yard Sewage Treatment Plant Drag Strip or Commercial Racing Go Cart Track Animal Pound (public or private) Flea Market Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel ` Temporary Asphalt or Concrete Batching Plant Mixing and Sale of Concrete. I Y s fi ATTACHMENT 3 Age blaq a PLANNIr1G AND ZONING COM EMON age a t April 10, 1996 oat - _ Regular Mating of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, April 10, 1996, and began at 5:00 p.m. in the City Council Chambers, 215 E. McKinney. Present: Mike Cochran, Katie Flemming, Guy Jones, Rudy Moreno, Bob Powell, and Barbara Russell. Absent: Ellen Schertz. Present from Staff: Frank Robbins, Director of Planning and Development; Jerry Drake, Assistant City Attorney; Owen Yost, Urban Planner; Walter Reeves, Urban Planner; David Salmon, Senior Civil Engineer; Paul Beaver, Water/Wastewater Department; Chris Rodriguez, Secretary. Meeting called to order at 5.07 p.m. 1. Consider approval of the minutes of the March 27, 1996 and April 1, 1996 meetings. Ms. Russell: Are there any corrections to the minutes? Ms. Flemming. I move approval of the minutes. Mr. Powell: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. 11. Rector Addition. a. Hold a public hearing and consider the General Development Plan for 78.54 acres located on the northwest comer of Rector Road and 1-35. The subject property is located both inside and outside the city limits of Denton. The 26 acres within the city limits is in the Agricultural (A) zoning district. b. Hold a public hearing and consider the preliminary plat of Lot 1. Block 1, of the Rector Addition. The subject property consists of five (5) acres, is currently in the Agricultural (A) zoning district, and is located on the west side of 1.35, approximately 200 fat north of Rector Road. c. Hold a public hearing and consider a request to rezone 5.0 acres from the Agriculture (A) zoning district to the Commercial Conditioned (C[c]) zoning district. The subject property is located on the west side of I-35, approximately 200 feet north of Rector Road. (Z-96- 008) Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Ms. Russell: We have three items on our agenda concerning this property and we are going to have one public hearing but we will take three separate votes. Mr. Jones arrived at 5:10 p.m. Mr. Raves: The three items on the agenda are (1) a general development plan for the Rector P&Z Minutes Ag April 10, 1996 Ag ~d I tr-- Page 2 Dafi -'S r_ Addition, (2) a preliminary plat of five acres of that area, (3) a rezoning from the Agricultural zoning district to th Commercial conditioned zoning district. Regarding this rezoning we did mail out thirteen notices of which six were courtesy notices, seven of those would figure into the 20% calculation but the amount of area that is involved, even if all of them were in opposition wouldn't come anywhere near 20%. The general development plan has been submitted as required by ordinance. DRC recommends approval with the condition that the existing septic system be shown on the general development plan. The second item on the agenda is the preliminary plat. DRC recommends approval of this with the same condition that the existing septic system be shown on the preliminary plat. Now we will move onto the rezoning. In your backup you have a history of the property. This area is outside of the area covered by the Denton Development Plan. The intensity analysis was done on the basis of all three of our intensity areas. The applicants have proposed twenty-mine thousarW square feet of floor area which would not be consistent with the Plan for a low intensity area. Staff is recorrvr eWing that the maximum square footage be five thousand square fat. Five thousand square feet is consistent with the Plan and would be the maximum that old be allowed in a low intensity area by the Plan. If this is not considered a low intensity area then it mats the intensity standard for both the moderate and high intensity areas. The second policy that would apply here is the strict site plan control within sixteen hundred feet of existing low density residential. There is no site plan proposed which is consistent with a similar rezoning situation on 1-35 E south of Denton. This was also the proposal that was before you back in November. It is somewhat inconsistent with our policies but we have approved rezonings in the past without a site plan. The third item is traffic design to ensure that multi-family or non- residential uses have access to collectors or larger arterials with no direct access to residential streets. This property does have direct access to the I-35 frontage road which is considered a freeway and is consistent with our policy there. The fourth policy is sufficient greenspace, recreational facilities, and that a diversity of parks is provided. There are no parks proposed here but with the limited square footage and the bufferyard on three sides this would ensure a significant level of open area on the property. We have had two neighborhood meetings for this proposal and neither meeting helped to resolve anything. Concerning concentration, the site is five acres and the Plan allows a maximum of five acres a'ong arterial streets. This project is consistent with that policy. Concerning separation, the plan requires that you be a half mile away from any other multi- family or non-reAkrntial Wis. In this particular case, an aerial photograph does not show any commercial uses within a half mile. Finally, any form of continuous strip commercial development is strongly discouraged in or near low intensity areas. We are rating this as being significantly consistent. Ultimately the staff recommendation is to approve this request subject to a number of conditions. The first condition is that there be a restricted list of permitted uses. This list is similar to the list of uses that was used in the Lockhart case. One of the uses that is still on this list is motor freight terminal and based on our last meeting 1 think that this use should probably be removed. Additionally the use of gasoline service station, at our previous meeting that one was meant to read a gas statiordconvenience store and it should read the same way this time The second condition is that the total floor area not exceed five thousand square feet as consistent with the low intensity area of the Plan. It would allow use of the existing forty-eight hundred square foot building with additional two hundred square feet This is different from the last case where we suggested twenty-nine thousand square feet and the reasoning behind that is simple. The maximum square footage that was figured for the previous case was calculated using a moderate intensity area as we did with the Lockhart rezoning which was in a moderate Intensity area. Twenty-nine thousand square feet would meet the Plans maximum square footage as allowed for P&Z Minutes April 10, 1996 Ag Page 3 a moderate intensity area. As we went through this exercise in November and that case was never completed, I don't feel particularly bound to that this time around. I feel that five thousand square fat would allow use of the existing building and it would be more consistent than twenty-nine thousand square feet. Since this area is outside of the DDP, if you want to grant more square footage then you probably need to have the applicant apply for a Plan amendment to identify this as being a moderate intensity area as opposed to a low intensity area. A low intensity area is actually a conservative approach, as opposed to one of the other intensity areas, and realizing that it is outside the area of the Plan probably the more conservative approach you can take the better off you are going ro be. We are recommending that all loading dock and dumpster areas be screened from view of I-35. No corrugated, or metal exterior "I be visible from Rector Road or I-35 for any new construction. This condition is a little bit different than the first time around also and actually this was in response to one of the neighbors. Number five is no off premise signs, that is so that if this property is rezoned it doesn't end up being for billboards. We are also recommending a forty foot no parking setback be maintained along the 1.35 frontage. We are recommending a class C bufferyard with a six foot wood fence, 4 canopy and 8 under story trees for every 100 fee of frontage in a fifteen foot wide strip be put in place along the three property lines that don't front on Rector Road. This is also a condition that wasn't part of the last case. This is in response to the comments from the neighbors about screening the property from Rector Road, based on adopted bufferyard standards. The normal bufferyard for this would normally be a class E but considering the two hundred fee from the property line plus the fact that it would take up almost an acre of ground, staff felt that a class C bufferyard would accomplish the same purpose. The final condition is that there be no off site lighting. In your backup you have a list of conditions as proposed by the applicant and there are some that are not the same. The notice was sou out using the applicant's conditi ms. You can be more restrictive but if you are less restrictive then we will have to make notice again and have another public hearing. Mr. Moreno: On you policy analysis summary, on page 5, under the section that talks about residential use within sixteen hundred fee of the project going into the discussion about another reaming cage and you have rated that policy as somewhat inconsistent? Give me the reasoning for checking somewhat inconsistent rather than one of the other categories. Mr. Reeves: It is clearly not consistent with the policy. By our DDP policy there clearly should be a site plan, but with the Lockhart case the Commission tried a different approach and instead of Joing a PD they went with conditioned zoning, using a set of conditions that would address most of the things that would be addressed by a site plan without having a site plan. If you have an approved document then that is what is supposed to be out there and in order to change that somebody has to go back through this process again to change that site plan. If it is just a set of conditions then you can adjust locations and things like that to meet the needs and still meet all of the conditions associated with it. In this particular case what we are recommending is what we also mcomrroxWl in the Lockhart remning and you can't say that it is consistent, but we can't say that it is significantly inconsistent because we are addressing some of the concerns with conditions that would be associated with the site plan. Mr. Moreno: Under location, it says that water will be provided by an existing well, however, neighboring residents have stated that when previous users of the site pumped extensively their wells were dry. Any comment there and what is a pump down test? 4 MP.Y-02-19% v:oB CITY OF DENTON PLANNING P.02/02 P&Z Minutes Q April 10, 1996 Agenda No, 96 Page 4 Agenda Item Date - Mr. Paul Beaver: My name is Paul Beaver and I am with the Watar/Waaewater department. That is a term for a test that basically tests the capabilities of a water well to produce water and usually when a water well Is brought on line the driller will actually pump the well for a given period of time, maybe twenty-four haul, and then he will stop pumping and measure the water table. Then they will allow a time to see how the water table comes back up. That develops the capability of the well to produce water. It is a standard method of testing wells and has been used for years. This is a small well that is on site. Mr. Cachrn Do you know how touch that would cost't Would the test vary depending on the wet and dry seasons? Mr. Beaver. I don't know what the cost would be and yes it could vary. It depends on the aquifer that the well is drilled into and the recharge zone. It could appear to be dry in the area that you are in but it could be that the aquifer could be recharged in a different location. Mr. Powell: On page 7, number 4, where did that come from? Mr. Reeves: That was a condition dw was pan of the Lockhart rezoning. Mr. Powell: Why is it here? Mr. Reeves: Pan of the reason that the Planning and Zoning Commission was requiring PDs was becxtrae of the entranceway policy regarding 1-35 and a PD is one way to address aesthetic issues like buildings, which way they are facing, and the materials used. In the Lockhart rezoning we wanted to make sure that the view from I-35 was not a metal exterior. Those portions that aren't visible from I-35 might very well be metal. Mr. Powell: This is a rural agricultural area and everything out there, that is not a house, is probably a metal building. Mr, Reeves: You are right and if you will notice that condition applies to any new buildings that might be built out Cher.;. This condition allows use of the existing building. Any new structure can not have a metal exterior. Ms. Russell: Would the petitioner care to speak? Mr. Bill Coleman: My name is Bill Coleman and I have been retained by the owners to present them for the preliminary plat and the General Development Plan. I am with Coleman and Associates and my address is 1421 N. Elm. The General Development Plan was prepared to accompany the preliminary plat. The septic systems were not shown on the plat. We know when they were installed and permitted by the City of Denton, and we are currently trying to find the exact location of both systems. We will make those changes as soon as we get the information. At the request of the Fire Department we did a capacity survey on the retention pond on the property and that letter is enclosed. The topping capacity for that well, the well that was originally drilled for the Dunnick Brothers and they installed the retention pond and above ground storage becm>9e they used a lot of water. None of the uses that we could imagine for that property would TOTAL P.02 P&Z Minutes April 10, 1946 e C m Page 5 ate Dome close to the water deriVind that the system was designed for. recharge The existing capacity. well This goes well down is "T~h' Sand which is a very stable water aquifer with a high has not been used in a long time so the aquifer should be in good condition. The Fire Department has approved the rmntion pond for use in five protection. All of the platting requirements and building mquiremets will have to comply with city codes and regulations. A fire hydrant will be installed and all of that information will be included on the final plat. Mr. Cochran: How is the fire hydrant served? Mr. Coleman: It will be served off of the retention pond. The well will be used to keep the water level constant in the retention pond. The Golf Place down by Walmart has a similar dry hydrant installed for fire protection. A pipe runs from the hydrant down into the water and is covered by the water. The well will only be used to keep enough water on top of the pipe. Mr. Morino: Where will the hydrant be located on the property? Mr. Colman: It will be less than two hundred feet from the pond and there will be less than ten feet of lift from the bottom of the pipe to the top of the hydrant. Mr. Rob Rayner. My name is Rob Rayner and my office is at 1108 Dallas Drive, Suite 310. 1 will address die rezoning. We had a neighborhood meeting and seven families were represented there. We went over the ideas that the owner asked me to present to them. This is a conditional Commercial zoning. It is very similar to the Paul Lockhart tract in that we do not have a user at this time. This is different from the last time that you saw this and the reason is because they don't have a specific use in mind. We feel that particular corridor is beginning to grow and the owners warted to have their land ready for a user to come in and not have to wait long in getting permits and such. That is the reason that we are here tonight. Concerning the square footage of the building, I would like to get a clarification if I can. Our recommendation is for twenty-nine thousand square feet and staff is recommending five thousand square feet. If the P&Z Commission allows for more restrictive, are we starting at the twenty-nine thousand square feet? Mr. Reeves: Your application was for twenty-nine thousand square feet sn that is where we are notification arting. They can and public hearing but they cannot increase that amount without having another st Mr. Rayner. One thing that Mr. Powell talked about on page 7, number 4, was a request that we had asked for. That is not the city's request. They said no corrugated or metal exterior may be visible from 1.35. Ours was simply new construction would have a brick or similar exterior. We were thinking of more of a business type use and that is why we put that in. Mr. Powell: You are saying that you wrote condition number four? Mr. Rayner: Yes. Mr. Cochran: But you didn't write number four on page 26? Y 5 PdtZ Minutes April 10, 1996 AB~6 Page 6 Ap6nda tt r~ Bate Mr. Rayner: That is connect. The reason that we are looking at the twenty-nine thousand square fat is because it was something that the staff had approved of before, although it was approved bt,catM there was a potential user. We don't have a user at this time. That particular road, Rector road, shows to be a rural arterial going to 1-35. Staff feels that they are no longer bound to that calculation but we feel that they should be because we feel that this should be a moderate intensity area. This particular tract is in the city limits just as many other moderate intensity auras where you have roads of this nature coming onto 1-35. If you look on a concept plan they are in a moderate node. A moderate node allows for that size of building. Also that size of building falls in compliance with the fire ordinance. We did not want to exceed the fire ordinance capability and we wanted you to be aware of that. We feel that it allows the user to come in and build the type of building that they would need. The rive thousand square feet would not be acceptable for what we are trying to market. We are glad that the city downsized the bufferyard, but we don't want to do a C bufferyard or an E bufferyard considering where this tract of land is. Mr. Moreno: What has happened with All Points Trucking? Mr. Rayner: I don't know. Mr. Powell: I received a call several days after the last hearing from the gentleman that was here and he toll me that they had found another site. I don't know where that was because I didn't ask. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Ms. Sharon Gillum: My name is Sharon Gillum and I live at Rt. 1, Box 698, Rector Road. From my understanding there was twenty-six acres annexed by the city and I wondered why the General Development Plan is for seventy-eight acres? Mr. Reeves: That is a function of our Subdivision Regulations which apply both inside and outside the city limits. If you are subdividing a piece of property, in this case five acres out of seventy- eight acres, you have to either preliminary plat all seventy-eight acres, or do a General Development Plan for all seventy-eight acres. It doesn't really matter if it is inside or outside of our city limits, it is in an area where our Subdivision Regulations apply and that is part of those regulations. Ms. Gillum: 1 attended the March 26th neighborhood meeting and as it has been said it was not very productive. Mr. Rayner was not familiar with any of the past history and he didn't have any new information to offer us. None of the Rector family were not in attendance and none of them are here tonight. We did get a list of the permitted uses for the current Agricultural zoning. The list contained twenty-nine permitted uses and then fifty-five additional uses with a specific use permit. We were unaware of all of the uses that were listed under the current zoning, it seems that they could find a suitable use under the current list. The proposed list of permitted uses still contains the motor freight terminal. It is the opinion of most of tine people here that there Is possible a trucking company waiting in the wings and maybe they are trying to avoid submitting a planned development detailed plan that was requested at the November 8th meeting. We still have all of the same objections. It is closer to Sanger than Denton. We area neighborhood even if we l F P&Z Minutes + os alq. 7 April 10, 1996 a~end~ltem Page 7 to are in the country, It will allow twenty-four hour optrxkm, bright lights, the possible Clear Creek pollution, and the gateway to Denton being littered. I have two petitions, the first on was signed by people in and amend our neighborhood that object to the Carrmmial zoning and the second one I circulated at the First Baptist Church of Sanger. I would have liked to get it to all of the churches but I didn't have time. They are very distressed about the possibility of beer and wine sales that .close to Sanger. We would like that to be taken off of the list. If this goes on to the City Council we will be getting more of the Sanger residents to sign our petition in opposition to the sale of beer and wine, and the night clubs. The sexually oriented businesses was marked off of the list but on due notice that we received it said that the list could change at any time before, during, or afar the planning and Zoning Commission meeting, so we will include the sexually oriented businesses on our petition. We objet swngly to due group homes, the home for care of narcotic, alcoholics, and psychiatric patients. 1 would hate for one of them to get out and be around my home and children. If you drive north on 1-35 you will see miles of pastures and vacant land. You will also see areas where there are homes and neighborhoods. The Rector family chose to build their home at this location and some of them sold land to others, such as Mr. Schertz, for them to build their homes on. They are the ones that turned this location into a neighborhood. This property may be on I-35 but it is also in a neighborhood with homes in every direction. Not every piece of land on I-35 is going to be developed and it doesn't need to be. The Rector's have a good piece of land but it is In a bad location. I thought that there would be more people attending but they had other obligations and weren't able to attend. We have a rather small showing tonight compared to our other meeting. Mr. Cochran: What would you consider to be an acceptable use for this property? Ms. Gillum: With the list of Agricultural uses there are several things that we would disapprove of but they are on the list and we cannot change that. A green house, or a veterinarian, a farm, an animal clinic something like that. The land is not large enough to accommodate a lot of the things on this list. Ms. Russell: What do you base the pollution of Clear Creek on? Ms. Gillum: The Dunnick Brothers when they were at that location were cited on more than one occasion by the EPA for polluting Clear Creek. Some of the uses such as a paint shop and several other uses could have drain off that would go into Clear Creek if there were any spills. Ms. Russell: If I am not mistaken the reason that they were cited is that they were not adhering to the laws that were in place. 1 would think that there were laws that they would have to abide by and if they are abiding by the laws then that would net be a possibility. Mr. Dwight Crawford: My name is Dwight Crawford and 1 live at Rt. 1, Box 691 E, Rector Road. I talked to you all before and my thoughts are the same as before. We are against it and the main problem that I have is the coverage for fire and police, and the sewage system. In reference to fire protection, this property is ten thousand feet from the nearest water. Mr. Coleman has a letter here were he contacted Mr. Gillette at the fire departrnent and he is saying that the tank is sufficient. I have built tanks in that area. They are looking at that tank in the winter time where it is three or four feet deep, that tank will be dry by the middle of summer. Fires are different in the county than k P&Z Minutes Ape~dd ItFm April 80, 1996 ~ Datg ~2 F 9 (D in the city. When you fight a fire in the county you have a lot of problems that you don't have in the city. You have hard top roads and fire hydrants in the city. The main problem that you have when you fight a fire in the county is that you can't get across country or you can't get to the fire that you are trying to fight. The trucks are heavy when you get them weighted down with a lot of water and there are no improved roads. The police response time is a concern, you are five to six minutes from Hwy 380. Nowadays police are crime responders and not crime preventers. They can't patrol that area because you would be spreading them too thin. As far as the septic system it has to be approved and it has to be on at least one acre of land. For a twenty-nine thousand square feet they would need a lot of land for the septic system. 1 don't know how they are going to work that out. Ms. Russell: What would you like to see it tuned? Mr. Crawford: 1 would like to see it remain agricultural. Ms. Russell: I have a card from Elspeth Crawford. Would you like to speak or do you want us to read what you have put on the card? Mr. Robbins: (head the card turned in by Mrs. Crawford.) There are too many homes adjacent to and surrounding this spot. It was mentioned the last time that we were here, that because of the noise and traffic on 1-35 no one would want to live on this proposed rezoning site. There was a new home just built on 1-35 just a few miles north and compare this area with Carroll Blvd. and Bell where people have the noise and traffic that is closer to their homes. Ms. Russell: Is there anyone else that would like to speak in opposition? Mr. Mike Rosenberg: My name is Mike Rosenberg and I live at Box 188 in Sanger. I am the superintendent of the schools for Sanger I.S.D. We fazed a letter to the City Planning office with our response and the response of the Sanger I.S.D. board of trustees regarding the proposed changes in rotting. These proposed changes were first dealt with by the board on October 10th. It began with a closed session and finished with an open session. The board has somewhat of a different slant regarding the development of this property. We own a little over twenty acres near this site. This land was acquired by the Sanger I.S.D. to deal with future growth in the district. We are currently growing at about ten percent per year. We have eighteen hundred and fifty-four students in our district this year. We have grown by a hundred and fifty-seven students this year. We have three concerns. I received a letter from the applicant, 1 have lived in Sanger for twenty- four years and 1 know the family very well and respect them. 1 felt that their assumptions, in the letter that they sat to me, bordered on the level of presumption that they were able to tell the community members as well as the school district that this was okay. They don't live in Sanger now, to my knowledge. I lived in Sanger, as did the people here tonight, when the Dunnick Brothers was there. I know that commercial development is good for my school district but I also know that if you have gone out and taken a look at the site, there are some limitations on that site in the area of access, and safety. There was another presumption by the City of Denton on this. We have an unwritten agreement with the City of Sanger and that agreement is based upon the common respect and the devek><xnent in Sanger which is going to occur. We work closely together to monitor that and see how it is going to impact our schools. 1 feel that within seven to ten years F K Pdi:Z Minutes A Age n' ' ° " April 10, 1996 Dale- Page e 9 there will be a school on this site just based on our growth for the last five years. We would have liked to work with the City of Denton planners so that we could have expressed what our intentions were for that lard and we could have integrated our wishes to make this acceptable to both parties. On a personal note, I am the superintendent mw, but I was assistant superintendent for seven years. During the time that the Dunnick Brothers was there we did have transportation problems out there. I respect the decisions made by this committee bP.:ause we would have had real problems if a trucking company had been allowed to move in tl',ere. We have bus routes that cross through there all of the time. If we put a school there in seven to ten years and we don't have some cooperation I with the developmental aspects of this, between the school district and the City of Denton, then people are going to be negatively affected. In one way we support the commercial growth of our community and specifically our school district. We fully understand the problems that are out there because we have lived those problems. Mr. Powell: You said that in seven to ten years you would have a school on that site. Mr. Rosenberg: 1 apologize, I will clarify that, on the site that we currently own which is near that site. Mr. Powell: Tell me where that property is located, east, west. Mr. Rosenberg: It is back to the north and west of the proposed site. Mr. Powell: How would you get to your school from that corner? Would you go down Rector Road? Mr. Rosenberg: We would come down the old Hwy. 77 and we would try to gain an easement that would allow us to come in the back side of our existing site. The children that we would bus there from Sanger and the western part of our school district would be able to come down I-35, exit and turn back into our school site. I think the real problem would occur when parents came to pick their kids up in the afternoon. Ms. Russell: Is there anyone else that would like to speak in opposition? Mr. Chris Gillum: My name is Chris Gillum and I live at Rt. 1, Box 698, Rector Road. I believe that this should remain agricultural and residential. I love where I live, I am thirty minutes from Ft. Worth, thirty minutes from Dallas. I have easy access to I-35. There is a natural noise barrier built into I-35 right there. This shields a lot of the noise from the highway. I am concerned about the bufferzone. I think we are getting closer to something acceptable with the five thousand square feet. This is a residential area. There have been five new houses built on Rector Road over the last year. It seems to me that when the school goes in out here this would be prime property to build some louses on for people to live in near a school. Mr. Ronnie Schertz: My narne is Ronnie Schertz and I live at Rt.1, Box 619, Rector Road. The Gillums and I are the closest ones to the property. I have a question for Mr. Coleman. I have spoken to the Dunnick Brothers and they said that the well is not in the Trinity Aquifer. I am in opposition to anything that goes against morality and if a business does go in there then I would like E P&Z Minutes Apend April 10, 1996 Apend ' e Page 10 Date a__A4_& JAL to see it be an eight to five business. Ms. Russell: Is there anyone else to speak in opposition? Would the petitioner care to make any closing remarks? Mr. Coleman: I have a statement here saying that the well was drilled by the same company that drilled the well for the Love's Truck Shop and that it was drilled down to the Trinity Sands at a depth of three hundred and forty-four feet and the average pump rate is 3.5 gallons per minwe. This is a statement from the owners of the property. I have not personally verified it for myself. Everything else that I have been asked to verity on this statement from the owners of the property has been verified and I am sure before they put anybody in or get any kind of a use that the well will be tested and working. The well will be used to keep that pond full so that it will be topped off. To provide for fire protection the pond will have to be kept at a minimum depth. The pond was not built to capture surface drainage. It does not capture a very large surface area. It was built as a retention pond to be filled and supplied by that well. The pipes are still in place. The well was built right next to the pond and it was set up that way. We plan to use the same thing. We think that in view of the way the system was designed and the amount of water that they used at the time just to maintain a capacity for fire protection will greatly exceed the capability of the system. Before the City of Denton will issue a certificate of occupancy we will have to supply them evidence and they will have to approve of the plan. The General Development Plan was required and we had to include all of the land that the Rector's own. The current deed was written in 1934 and it was from one Rector family to another Rector family. Clear Creek drainage, very little of this site drains into Clear Creek, most of the drainage will go into the retention pond. I have the permits for the septic systems and the only reason they were not shown is because the exact location could not be determined by the permit. They will have to be reinspected by the city before any new permit will be issued or a certificate of occupancy issued. Mr. Rayner: The light issue came up and if you will notice we did make a condition concerning no off site lighting. The owners are trying to market a piece of property that is flexible yet falls within guidelines for safety, fire and police. We are asking for a conditional zoning which will allow the user to be able to use this land knowing that the conditions that we have asked for will restrict them in what they can build. On page 21, in November of 94 the staff informed Mrs. Blaylock of the city services that would be available. This property is in the city limits of Denton which gives it some value because it does have some services and the flexibility of use. We are asking at this time that our conditions be approved. Mr. Jones: You mentioned that the five thousand square feet would not be sufficient and if we go with that will it kill the deal? Mr. Rayner. If we use that five thousand square foot building on that five acres an example of the relationship would be time equivalent of the green dot on a dollar bill. The five thousand square foot building on five acres doesn't help us very much as far as marketing. Ms. Russell. What about the bufferyard? What would you propose? Mr. Rayner. I would say that whoever builds next to us that they would have to address the t } r P&.Z Minutes W(94 ADA April 10, 1996 Page I1 Q n e bufferyard. Ms. Russell: We will close the public hearing. Does staff have any final remarks? Mr. Reeves: You have a lot of information in front of you and we will be having three separme voles- The Gates! Development Plan and the preliminary plat are fairly simple. The volt on the reau tg is a belle more complicated since there arc two different proposals in front of you. If your recornme tdation is not for all of one, or all of the other, then I would suggest that you list all of the conditions individually when you make your motion. I would also remind you again about the gas station/convenience store item on the list of uses and the motor freight terminal. Mr. Cochran: Concerning the coverage, the maximum allowed building sin, do you have any percentages that would help bring that into focus? Mr. Rayner: Two percent and twelve percent. Mr. Moreno: How many square feet is there for the five acre site? Mr. Raves: Two hundred and fifteen thousand square feet approximately Mr. Moreno: Is the no off site lighting the same as the anti glare lighting and the way to put that into effect is through the use of bufferyards? Mr. Robbins: Yes it is. A bufferyard could be used to mitigate it, but this standard actually talks to how you would put the lighting on the site so that you couldn't see the bulb of any lighting on site. Mr. Moreno: Are we going to vote on these items in the order that they are listed? Ms. Russell: Yes we are. Mr. Cochran: Do you happen to have a list of all of the permitted uses in the Agricultural zoning district? Mr. Reeves: I don't have one with me but I am sure that someone does. Mr. Robbins: I have one. Mr. Raves: There is a large number of uses that require a specific use permit. Mr. Cochran: How does the list of uses allowed in the Agricultural district compare to the list of uses that we are considering? Mr. Raves: I didn't compare them. Certainly the list of uses that are pemnitted with the Commercial conditioned zoning district is going to be substantially greater than what the existing Agricultural district allows. I didn't make any comparison between the two lists. One other thing, 1'e F P&Z Minutes Agenda No. April 10, 1996 ralid m Page 12 _ Ms. Gillum spxifically mentioned group homes, I that think there was some legislation at the state level was recently passed that would probably make removing the group homes from the list Ong that You could not do. Mr. Drake: I am not familiar with the new state legislation but I have attended some seminars that talked about the dangers of that with respect to federal fair housing. Ms. Russell: Is there anymore questions for Mr. Reeves? Mr. Powell: I would like to take A five minute break so that we can look at the Agricultural use list. Recess at 6:35 p.m. Reconvene at 6:40 p.m. Ms. Russell: We will be addressing agenda item Ila, which is the General Development Plan for 78.54 acres located on the northwest corner of Rector Road and I-35. The subject property is located both inside and outside the city limits of Denton. The twenty-six acres within the city limits is in the Agricultural zoning district. And if I didn't say it before the public hearing is closed. Mr. Cochran: 1 move approval of the General Development Plan with the condition that the corrections be made concerning the septic system. Mr. Powell: Second Ms. Russell: Any discussion? All in favor please raise your right hand, Approved. (6.0) We will now go onto item b, consider the preliminary Opposed same sign. o the Rector Addition. The subject property consists of five acres and isrr plat currently in the lAgneultural zoning district and located on the west side of 1-35 Road. approximately two hundred fat north of Rector Mr. Cochran: I move approval of the preliminary plat of Lot 1, Block I of the Rector Addition subject to the condition that the corrections be made on the plat. Ms. Flemming: I'll second. Mr. Powell: The only correction is that the septic system has to be located and put on the plat. Mr. Cochran: That is my understanding. Mr. Raves: That is correct. Ms. Russell: Any discussion? All in favor please raise your right hand, Approved. (6-0) Now we will consider item c, consider the request to reran Opposed G acresrom~ the Agricultural zoning district to the Commercial conditioned zoning district. The subject property r Y V S Y T P&Z Minutes Agenda No.--- April 10, 1996 Agenda;lle Page 13 Date' s. is located on the west side of 1-35 approximately two hundred feet north of Rector Road. Mr. Cochran: I have a few comments th?t I would like to make. We have a classic case of Conflicting interests here. You have the interests as expressed by the neighborhood and about the direction that their neighborhood is going to take versus the rights of the owners of the land who would like to do something with it. The fact that this land is on an interstate makes it almost unusable for residential use or even low intensity use in my opinion. Balancing the two is the trick. The petitioners have submitted their recommendations that help to mitigate some of the effects of their property and staff has submitted some suggestions that I think help considerably as far as mitigating the negative effects of this potential development. With a couple of exceptions I agree with the conditions that staff is suggesting. One of the exceptions that I have, since this property is closer to Sanger than it is to Benton, it is my understanding that beer and liquor are not sold in Sanger, l world suggest that we add to the list of prohibited uses the sale of liquor and beer. I am a little concerned about the size of the structure and I feel that the size that was suggested by the petitioners is too large and the size suggested by staff is too small. I would suggest that we go with twelve thousand square feet and that we require a bufferyard because there are neighbors. Mr. Moreno: On page 26 there is t list of alternatives. If we vote to recommend approval then these conditions will be a part of the zoning? If we vote to deny then it will remain agricultural? Mr. Robbins: You will be rnakitng a recommendation to the City Council at that point and if within ten days the applicant appeals your recommendation of denial then the City Council would have it an their agenda for consideration and it would require a super majority vote of six members of the Council to approve it. Mr. Moreno: If we recommend denial and it remains an Agricultural district then will they be able to build whatever is on the Agricultural list without conditions or restrictions? i Mr. Robbins: Yes. Mr. Powell: There is an automatic list of conditions because that list includes specific use permits which is quite a condition. They have to come back to us and the Council for a specific use permit. That is not a carte blanc list in front of you. Most of it is only with a specific use permit. Mr. Robbins: That Is a good point that you made and that is correct. Only the list on the Agricultural list that are allowed by right and not SUP. If you look at the A district list you have all of those uses that are allowed by right and then you get to the category with specific use perrnits, and those are not allowed by right. Mr. Powell's point is well taken and it would have to come back through the system to us. It acts like a rezoning, there would be notice, public hearings and you would be reviewing a site plan at that time. Mr. Powell: I would be inclined to do that if it wasn't for the specific use permit. Mr. Cochran: What that does though is to add an extra level of scrutiny to a project and I don't believe that the city is served poorly by scrutinizing projects that go in, especially in entranceways like that. w F P&Z Minutes Agenda No. - April 10, 1996 Agen a to t',-_ Page 14 'A Date Mr. Drake: I just want to make a recommendation. One of the points that Mr. Cochran raised I think is addressed by a recent Texas case, Dallas vs. Concessionaires, and that is one of preemption of any sorting restricting the sale of alcoholic beverages. I would suggest that your recommendation concerning that should not be a part of the zoning decision. In consultation with Mr. Robbins I think it is probably a mute point because the wet area of Denton does not extend as far up north as what we are talking about. Mr. Powell: If I were to make a motion to approve the zoning with the list of conditions in attachment 2 that we were given, I would like to do it in such a way that they would be the start of the conditions and we could add conditions by amendment. Mr. Drake: The methodology of conditioned zoning is that you need to start out with a particular zoning classification which is larger than what you want it to be and then further restrict it. Mr. Powell: What I was trying to do is that there are going to be some additional conditions wanted by some of the members of this board beyond this. So if we could vote on them as them come forth as an amendment or as an additional motion then we could at least debate them separately rather than trying to debate this whole mess when we don't have the individual ones in front of us. That is really all I am after. Mr. Cochran: I can see your point but then there is the issue of comfort factor with voting for Commercial zoning at all and without having everything out and open it might make it difficult for some of us to vote for Commercial zoning. Mr. Jones: I am prepared to make a motion to approve it as the applicant has proposed and then if it gets a second, then those that don't agree with those conditions can amend the motion. I move we recommend approval of the request to rezone five acres from the Agricultural zoning district to the Commercial conditioned zoning district subject to the conditions as proposed by the applicant. Mr. Powell: Second. Ms. Russell: Any discussion? Mr. Cochran: So you are suggesting that if we have any disagreement with this then we should propose amending your motion? Mr. Jones: My thought was that we have to start somewhere. The amendments are voted on first so you may offer your own amendment and if you get a second, then that gets voted on and we can work our way through it. Ms. Russell: I have driven through your neighborhood and I still think of 1-35 as being promoted as a major route of commerce. If there was to be commercial along 1.35, that seems a logical progression and I would ask you to remember a couple of places in Denton along I-35. Right down the road from you on the east side of I-35 there are office buildings along there and back behind there are residences. They don't seem to have had a problem. Farther down I-35 to an area known as Southridge there is a buffer area of commercial between the highway and residential. We are 'a b y F PdrZ Minutes A April 10, 1996 A Page 15 p concerned about neighborhoods but where you have a major highway you are not going to want to Put houses along them. I wouldn't want to live there. I just want you to think about that. Mr. Moreno: If the notion is approved without amendments will they have to come back for a specific use permit? Mr. Robbins: It is possible, them am some specific use permitted items in the C district, but most of the uses am allowed by right in the C district. The only SUP item that the applicant left on the list of uses is for fraternity, sorority lodge or civic club, everything else is allowed by right that isn't marked out. Mr. Moreno: So chances are small that they would be coming back before us? Mr- Robbins: Right. I think that the only differences between the staff's conditions and the applicant's conditions is the size of the building and the bufferyard, right? Mr. Reeves: 71ne size of the building, the bufferyard on the three sides not fronting on I-35, the forty foot no parking setback, and the additional screen from 1-35 and Rector Road, as far as any new construction no corrugated or any other metal building material. There are actually four things that are differau. Plus the fact that we are recommending that motor freight terminal be removed from the list of uses. Mr. Cochran: 1 would like to make some amendments to that. I would propose that we remove motor freight terminal, and transfer storage and baggage terminal from the list of permitted uses. I am sorry to see that we don't have the right to remove the on premise sale of beer and wine but if them are other issues that cover that such as wet/dry district then that is not a problem. Mr. Jones: I will accept that as a friendly amendment. I'll second it. Ms. Flemming: What is auto laundry? Is that like Lone Star Car Wash? Mr. Reeves: Yes. Ms. Flemming: Wouldn't that generate a lot of traffic? Mr. Salmon: An attended car wash could generate a lot of traffic during certain times of the day and certain days of the week. An unattended car wash has a lower propensity for attracting people. I don't have the numbers to give you but certainly an attended car wash could generate a large amount of traffic at certain periods of the day and on certain days of the week. An unattended car wash would have less of an effect. Ms. Flemming: Sure traffic is one of their major concerns I think that auto laundry should be one of the prohibited uses. I would like to add that to the amendment. Mr. Cochran; I have several amendments that I would like to make to this motion. I would like to add Ms. Flemming's also. I would propose that we use staffs conditions. I think the bufferyard i f P&Z Minks y Agenda No. / April 109 1996 ~4 It Page 16 C~J a _ is Important. I think the forty foot no parking setback is reasonable, Shielding the metal exterior conservation from Rector Road is a reasonable thing because it will probably be more visible from r Recoor Road. I would propose that we adopt the set of conditions proposed by staff with a change square footage to a maximum of twelve thousand square feet. Mr. Jones: I think twelve thousand square feet is too small and twenty-nine thousand may be too big. I think somewhere in the neighborhood of twenty-two to twenty-three thousand square feet may be more appropriate. Mr. Cochran: This is purely speculation at this point because they are just preparing the I think in order to give some comfort to the folks that live in the area we should insist upon property. and the developer should be willing to go along with a compromise on the lower end. 1 would be willing to put that to a vote as an amendment with the recommendations suggested by staff with the twelve thousand square foot building size. Ms. Flemming: 1 agree with Mr. Jones in that twelve thousand square feet is too small for that size of property. I world recommend Somewhere between twenty and twenty-five thousand square feet. I am going to recommend twenty thousand square feet. Mr. Powell: I don't understand the forty foot no parking setback from 1-35. Can someone explain that to me? Mr. Robbins: More green space between the road and the parking. Mr. Powell: I could understand that if we were talking about from somebody's louse but we are talking about an interstate. People park along the interstate all the time, they build buildings along the interstate. The logic of it defies me. Ms. Russell: I would tend to agree with you since the road is about thirty feet below this site. Mr. Cochran: This will be the first thing that people will see when they come to Denton and I feel that is the whole idea of the erttranoeway protection. This is as much of an entranceway as anything in the community and that is why I feel like our image as a community is an important thing. That is why I am in favor of it. Mr. Powell: What are we going to do when they get to Denny's and their parking lot is right on the frontage road and the new restaurant across the highway has their parking lot right on the frontage, and Love's Truck Shop has their parking lot right on the frontage. And we are saying that these people have to have a forty foot no parking setback. It defies logic. Ms. Flemming: Back to the square footage, would that trigger any of the other conditions for Instance the bufferyard? Changing the square footage, would it change any of the other conditions? Mr. Robbins: No, not the way it is listed tonight. Mr, Powell: At least on the north side and the west side we are buffering from a field. N k P&Z Minutes o J e S April 10, 1996 ae Page 17 Mr. Cochran: This is where all of that economic development is going to be going on. It may be a field now but it is not always going to be. This bufferyard doesn't have to be done until this property is developed. Mr. Powell: If you look at the bufferyard you have reduced the value of the property because of the cost of the bufferyard. That is a long bufferyard, three sides of the property. Mr. Cochran: That is one way to look at it but you could also interpret it as increasing the value of the property and you have protected the value of the property next to it. Mr. Powell: When somebody goes to buy this property the first thing they are going to look at is the cost of development and the cost of development has got to come off of the value of the property. Ms. Russell: With bufferyards, a force alone, you are looking at roughly ten dollars a foot and for a thousand, five hundred and fifty feet around the property that would be fifteen dousand five hundred dollars just for a six foot fence. Mr. Moreno: Mr. Powell, the other evening when we were talking about the MXD. I think the consensus was that what is good for the goose is good for the gander, and if businesses have to build bufferyards then schools and other public buildings should also. If we do not require a bufferyard on this site, is the future school going to have to have a bufferyard? Mr. Powell: I wouldn't think so, but then the future school is not in the City of Denton and I don't know if the fact that it is in the ETJ would affect it or not. The fact that this property is closer to Sanger and we are worrying about it blows my mind. We shoulen't be out there. Ms. Russell: We arejust working with what we were dealt. There is a motion on the floor. We have amended, removed, and I am not sure where we are now. Mr. Reeves: Perhaps I can recap. Mr. Jones moved that it be the conditions as proposed by the applicant. Mr. Cochran then said he wanted to amend them so that it would be the staff recommendation with twelve thousand square feet. Mr. Jones and Ms. Flemming are in the twenty thousand square foot area as far as the square footage of the building. No seconds on any of this yet except for Mr. Jones motion. Mr. Powell has questioned the forty foot no parking setback and to a certain degree the bufferyards, at least on the north and the west sides. And there are still at least three uses on the list of permitted uses that you treed to decide on. I believe those are the auto laundry, transfer and storage warehouse, and the motor freight terminal. Mr. Cochran: So where we are right now is the discrepancy between the twelve thousand square foot and the twenty thousand square feet. I still feel that twenty-nine and twenty-five thousand square feet are too high. I think that twenty thousand square feet would be acceptable to me. Ms. Flemming: I will second the twenty thousand square feet. k ti 1 P&7 Minutes Agenda No. April 10, 1996 A _ Page 18 D e Mr. Cochran: My motion was for the staff recommendations with the three uses removed, auto laundry, motor freight terminal, transfer and storage facility, and the maximum square footage of twenty thousand feet. Ms. Flemming: That is what I seconded. Ms. Russell: So this is the staff recommendation with these three changes, and twenty thousand square foot building maximum. Any discussion? All in favor of the amendment as stated please raise your right hand. Opposed same sign. Denied. (3-3) Ms. Russell, Mr. Powell, and Mr. Jones opposed. Mr. Jones: What happens if we go 3-3 on the motion? It goes to the Council as a 3-3 vote? Mr. Robbins: The state law only requires a report, not a recommendation. Mr. Reeves: You are making a recommendation and if your recommendation is going to be "here's what the motion was and here is the results", then you are really just passing it along that it was a tie on the applicant's set of conditions. Mr. Jones: Then what does the Council do? Mr. Reeves: Pretty much the same thing that you have been trying to do? I have a suggestion, why don't you just go down the list of conditions one by one and look at them to see where you want to be. Mr. Robbins: What about Mike's amendment did you not like? Mr. Jones: I don't like the bufferyards. Mr. Powell: I didn't like the parking and the bufferyards. Mr. Cochran: What aspect of the bufferyard did you not agree with? Is there any aspect of the bufferyard that you would be comfortable with? Mr. Jones: There is a philosophy difference here 1 think. We have a developer that is the first one out there, the next one in that goes next door to that is the one, in my opinion, that has to put the bufferyard in. Mr. Cochran: In the city it is usually the least intensive one that is protected and the one that has the most intensive use is the one that has to put in the bufferyard. What about a compromise and that the only people that we need to protect at this point are the folks on Rector Road and we could take away the fence requirement and just do vegetation on the south and the west Mr. Jones: I could agree with the south side but the west side is also owned by the applicant. Mr. Cochran: I could agree with just the south side. { Y ti F i P&Z Minutes Abend 9 9 April 10, 1996 Agend it Page 19 Date Ms- Russell: So our agreement is no fence but vegetation on the south side that is required in the Class C bufferyard? Consensus among the Commissioners. Mr. Cochran: The forty foot no parking setback is next. Mr. Powell: I don't think that it is a reasonable condition on the interstate. Mr. Moreno: Can I ask staff where this came from? Mr. Robbins: It came from an analysis of other city's standards back about 1989, when the staff and the Planning and Zoning Commission were talking about entranceway regulations as part of the rewrite of the zoning ordinance 77rere are a number of cities that use that standard a we picked nd on that standard simply because it adds a softening effect that would be an area of green space with trees or grass rather than a parking lot with cars in it. It is essentially an aesthetic issue. Mr. Powell: I would be likely to agree but all this says is that there can't be parking, it doesn't say that it can't be concrete, gravel, or asphalt. It just says no parking. Mr. Cochran: I can't see that this would have any viable effect on this, considering the size of the lot. If it were a smaller lot and they were cramped for space then what you said makes a whole lot more sense. Ms. Russell: I just asked Mr. Robbins what the setback line would be and he is telling me that it would be twenty-five feet. We are only talking about a fifteen foot difference. i Mr. Powell: 1 just see this as another condition that the city is putting on the developer. Mr. Cochran: The idea is that it would raise the quality along the entranceway to the community, not by much I will have to agree and if they put something horrendous behind it then that fifteen fat of difference won't make much difference at all. It is just a small thing and it is just a symbol of who we ate trying to do out there. It is a small issue and not worth arguing about. Ms. Russell: I would be more in sympathy with that if it were not for the topography there. Mr. Cochran: I am willing to leave that out. Mr. Robbins: It sounds like it is 4-2 for the twenty thousand square feet with no bufferyard on the north or east side and no fence on the south side with just a vegetative bufferyard. Mr. Reeves: Here's where we are at. A restricted list of permitted uses as in attachment 2, with auto laundry, motor freight terminal, and hauling or storage company removed. The total maximum floor area of twenty thousand square feet, loading dock and dumpster area shall be screened from view of 1-35 by a solid opaque screen, corrugated or metal exterior shall not be allowed on any new building elevation visible from I-35, the owner of the property shall maintain µ :.l y F I s, P&Z Minutes April 10, 1996 Ag Page 20 ApBC t oat all trees off PmMiesig~ ntwo o direct off site la ghting, a class C bufferyardd minus line the fence the south. o Mr. Cochran: I would like to enter what he just said as an amendment. Ms. Flemming: 1-11 second. Ms. Russell: Any discussion? All in favor of the amendment please raise your right hand. Opposed same sign. Approved. (6-0) The amended motion becomes the first motion. We will now vote on the notion as amended Mr. Jones: I recommend approval of the request to rezone five acres from the Agricultural zoning district to the ComrnencW conditioned zoning district subject to the conditions proposed by the applicant as amended. Mr. Powell: Second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed saute sign. Approved. (6-0) M. Hold a public hearing and consider the final plat of Lot 1, Block 1, of the Auto Zone Addition, Wing a replat of part of the Alex Robertson Addition 0.183 acres in the Alex Hill Survey, Abstract 623. The subject property is located on the north side of Dallas Drive at Cook and Simmons Streets. Ms. Russell opened the public hearing. Mr. Reeves: This is the final plat of Lot 1, Block 1 of the Auto Zone Addition. This is a replat. DRC recommends approval. Ms. Russell: Would the petitioner care to speak? Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? Are there any final remarks? We will close the public hearing. Mr. Jones: 1 was in Colorado Springs last week, sitting in the condo watching television and an advertisement came on and there was the Denton County Courthouse on the television and it turned out to be an Auto Zone commercial. In visiting with the representative what they do is take pictures of buildings that are unique to an area for their adds all over the country. I move we approve the final replat of Lot 1, Block 1 of the Auto Zone Addition. Mr. Powell: Second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (6.0) IV. Hold a public hearing and consider zoning 21.62 acres from A to SF-16. The site is located at the t f Agenda No.-2L--a,9 CITY COUNCIL REPORT Agenda Item Date - 7- TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: May J, 1996 SUBJECT: Request to approve a Detailed Plan of 10.0 acres within Planned Develoopmenl No. 42 RECOMMENDATION: The Planning and Zoning Commission recommended approval SUMAL4RY: See attached report. BACKGROUND: See attached report. PROGRAMS, DEP,4RTMENTSOR GROUPS AFFECTED: Property owner(s), surrounding residents, taxpayers FISCAL IMPACT; None. RESPECTFULLY SUBMITTED: Prepared by: • Rick vehta Acting City Manager 0. Owen Yost, ASLA Urban Planner Approved: lins, AICP rector of Planning & Development a Agenda No.~ Agenda Item _ Date REPORT TO THE CITY COUNCIL ! To: Mayor and Members of the City Council Case No.: Z-98-011 Meeting Date: May 7,199& GENERAL INFORMATION Applicant: City of Denton 215 E. McKinney Denton, TX 78201 Current Owner: (Same) Requested Action: Approve a Detailed Plan of 10.0 acres of Planned Development No. 42 Location and Size: The 10.0 acre site is located near the east side of Mayhi)I Road, approximately 1,800 feet north of Treatment Plant Road. Surrounding Land Use and Zoning: North - Undeveloped: ETJ. South - Planned Development No. 42, which allows most (but not all) light industrial uses; primarily a sludge injection field. East - Planned Development No. 42; primarily a sludge injection field. West - Planned Development No. 42; primarily a sludge injection field. Denton Development Plan: Intensity study area No. 59; low intensity; 132% allocated , F Agenda No. Agenda item SPECIAL INFORMATION Oafs r - e Engineering & Transportation: The General Manager and Systems Engineer with Marcus Cable in Denton reviewed the plans, and determined that the proposed microwave tower presents no possibility of interference with their signal. They also noted that Federal Communications Commission licensing must precede the antenna's operation, and the matter of interference will be reviewed again. The antenna will be constructed according to industry standards, presenting no danger to the few surrounding homes, except in a very extreme situation. e Drainage: There are two drainage courses through the property. These will be handled per Subdivision & Land Development Regulation requirements, orvia an approved variance. e Landscaping: It was felt by the Commission that landscaping, under this development scenario, is not necessary to address the stated purpose of the landscape regulations. The regulations will, in all probability, apply when and if the land is developed further. With the proposed use, the vast majority of the existing vegetation will remain. Hence, the "street yard" landscaping will be well in excess of the required twenty percent. The existing vegetation consists of native grasses and unidentifiable volunteer trees and shrubs. With the approval of this plan, no trees as required by the landscape ordinance would be planted. Planting trees for a tall tower and a small, deeply-setback building could be defined as useless. e Utilities: Water and sanitary sewer services are available from lines currently in Meyhiil Road, if needed. HISTORY The area, Including the subject site, was zoned Agriculture IAI, by the 1969 zoning map. In March of 1985, Planned Development No. 42 was created, via case Z-1717, allowing many light industrial uses, and prohibiting others. P&Z recommended and the Council approved acquiring the current tower site in the new landfill, with a swap of the current site for the proposed 10 acre tower site. P&Z approved a General Development Plan for this area on April 10, 1996. NOTIFICATION: On April 12, 1996, six notices of tonight's hearing were mailed to property owners within 200 feet of the site. Owners were also invited to call/contact the Planning Department with any questions or comments. The only objection received at this writing was from the owner of property outside the City. z ry F 1. Agenda No.~-~--t-'~- Agenda fern Date ANALYSIS The proposal was reviewed for compliance with applicable Denton Development Plan policies: DENTON DEVELOPMENT PLAN ANALYSIS DDP POLICY COMMENTS SIGNIFI SOME- CONS1 WHAT S- CANTL INCON- TENT Y SISTEN WITH INCON- T POLIC SISTEN Y T To be consistent with the In a low intensity area, the 10-acre site is normally X Plan, a development should allocated 600 intensity trips. However, the site is not exceed Its allocated already zoned (1985) for the proposed use, so the Intensity. proposal allocates no additional intensity trips, nor does it increase the overallocated stat,is of the area. Strict site plan control The Detailed Plan constitutes a site plan. X within 1600 feet of existing low-density residential use. Low-density neighborhoods No buffering would exist, given the proposal. X should be protected by However, if further development is proposed, landscaping/buHers. landscapinglbuffering will likely be required at that time. Non-residential uses should Meyhill Road, to which the site has access vie a X i have access to collector private drive and an easement, Is a secondary , streets, or larger arterials, arterial. Additional residential The proposal Is not residential in nature. X development will not be zoned within 2600 feet of the Wastewater Treatment plant (S-173). The area will be used for industrial purposes. I J RECOMMENDATION The proposed Detailed Plan satisfactorily addresses applicable policies of the Denton Development Plan, particularly in that there is no increase in intensity. The Commission therefore recommends approval. i P34, qi b Agenda No. Agendas Item-, IR ALTERNATIVES Oata 1. Approve application. 2. Approve application with conditions. 3. Deny application. 4. Postpone. 5. Table. ATTACHMENTS 1. Location map. 2. General Development Plan. 3. Proposed Detailed Plan. 4. Draft ordinance. 6. P&Z Minutes. AXXOOA65 i ? i 3 R ATTACHMENT 1 Agenda No. Agenda NORTH mom • Fj~ w IoN I Location map Agenda No. c~2~ Agenda Item , Date i I, o(D+D. MoD • 2000' r` 7 i .4~Ia C's 9: 1, B I y r(rn fem tr . 1 R ~ 777 e+onnfl fI LAND USES _ 231M Ad Sk p / ~J 1 vDVO N 36,002 Ad Sw*wy Will v~~ S Pill 94.90 Add PD-42 LId# hdm*W . 400' 366522 Ada Total i V PREPARED fit: OWNER: CITY OF DENTON ENGINEERING/TRANSPORTATION PORTATION DEPARTMENT Clip of D1,+w GENERAL DEVELOPMENT PLAN CITY HALL WEST k%MciD.reriuns D..../,-r..f .ti Jwrw nos try test Me R,onf sfrul 366.522 ecru In c1ly a+d CouR}T of Ol loa, Tud$ DENION, TEXAS 76201 u,awrRRf r Owaw,nn. >lsea r 4} Y C :r I~ I Location Map 1• • 2000' • ' ~+-proposed e' Utility Esamanf " Entering 50' Access Easement L I• • 100` TOYER ADDITION L LOT 1, BLOCK I ` Proposed 50' ' • + to SCREs + ACCNe end utility EMment ►y a { Separate dseumonf + { { a 1 j d 0 ° a + • PROPOSED TOTER L a 1 i i L 4 1 , J ~ . t 3 b I~{ a + euaO Eseolapea O { IoO x Ts' Ir { . ~ . . . I H I { { 6 .~IIpNf,66L1L~M I M, i 1 L 1 L/ a + i { L l a , J APPROVED BY: wolfs; ►3T'CRx1DQER- iRT~ • ?over Do" 8164N/6 CNInb 64 most v 6166N/w71/(IS/TIt-tt[-[ SIeMN/NN f. N6 COTT-SECRETARY • wMe6N6 6W11 6MiNm II .U7M-e-3211-SPE o6.": Cllr at Dal" EIS Eost UsKnom7 SIr661 D"fan. 70,66 tarot DETAIL PLAN CITY OF DENT 0 N PREPAREO BY: TOWER ADDITION ENGINEERING/TRANSPORTATION DEPARTMENT Lot I, Block I, 10 Acres CITY HALL WEST Gideon Walker Survey.ASElract1330 Drawn ey~ P.N. I roo o Poo too woo Aril ii, 1996 City and County of Denton, Tawas DENTON, TEXAS 76201 Checks/er,RN1E .~~r--=----- P r r u V S Agenda No.2L- ) Agenda Item Date LAND USE MANAGMENT INFORMATION SYSTEM PLANNING AND DEVELOPMENT DEPARTMENT CITY OF DENTON Intensity area 59 Type Intensity tripe/Ac- 60 Traffic survey zones: 6616 Boundary Description: North: Pecan Creek South: Edwards Rd. Date: 05/19/95 East: Pecan Creek and Swisher Rd. west: Mayhill Rd. LAND USE EXISTING LAND USE CURRENT ZONING, PLANNED DEVELOPMENTS CATEGORY UNITS ACRES INTENSITY ACRES INTENSITY ACRES UNITS INTENSITY ------------------------------0------------- SF-16 < 43 39.27 430 0 0 0 0 0 SF-10>16 0 0 0 0 0 0 0 SF-7>10 0 0 0 12.94 543.48 25 114 1140 LESS SF-7 0 0 0 0 0 11.8 70 700 MOB.ROMES 38 6.24 380 0 0 0 0 0 DUPLEX 0 0 0 0 0 0 0 0 MF-R 0 0 0 0 0 0 0 0 MF-142 0 0 0 0 0 13.5 200 1600 CON/RET 0 0 0 0 0 0 0 0 •FICE 0 0 0 0 0 0 0 0 .OUSTRY 0 0 0 225.13 23638.65 94.3 0 9901.5 INSTI'NAL 0 0 0 0 0 235.96 0 20056.6 PARKS 0 0 0 0 0 0 0 0 R/0/SPACE 0 0 0 0 0 10.08 0 0 TRANSPORT 0 11.57 0 0 0 0 0 0 AGRIC. 0 0 0 0 0 0 0 0 4 VACANT 0 845.88 0 217.17 0 0 0 0 TOTAL -81 902.96 810 455.24 24182 390.64 384 33398 INTENSITY CALCULATIONS (3) Intensity area total trips 902.96 times 60 54178 (2) Trips allocated to existing land uses (built) 810 (3) Trips allocated to current zoning incl. P Ds (not built) 57580 (4) Trips allocated to vacant lands not zoned plus Agric. zoning 13030 (5) Estimated unallocated intensity trips (1)minus(2)+(3)+(4 -17243 -..--(6) Percentage of intensity trips allocated 132 L E Y /1. FAT en [e Ma . r 1 ~ T~ Agenda No._L= Lq_ Agenda Item Date ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 85-59 BY APPROVING A DETAIL PLAN FOR A 10.00 ACRE TRACT OF LAND WITHIN THE PLANNED DEVELOPMENT 42 (PD 42) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, LOCATED NEAR THE EAST SIDE OF MAYHILL ROAD, APPROXIMATELY 1,800 FEET NORTH OF TREATMENT PLANT ROAD; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton, Texas has applied for an amend- ment to Planned Development District 42 (PD 42), established by ordinance 85-59, and for approval of a detail plan for a 10.00 acre located tract of land therein near the east side o approximately 1,800 feet north of Treatment Plant Road; and Road, WHEREAS, on April 240 1996, the Planning and Zoning Commission recommended approval of the requested zoning amendment; and WHEREAS, the City Council finds that the zoning amendment will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: ,,ECTION I. That the detail plan for a 10.00 acre tract of land located within Planned Development District 42 (PD 42), legally described in Exhibit A, attached hereto and incorporated the e Code of Ordinances. reference, is Division herein by IV of Chapter hereby 35 ofapproved 2 of fiECTION II. That the provisions of this ordinance govern and control over any conflicting provision of ordinance No. 85-59. SECTION IV. That a copy of this ordinance shall be attached to Ordinance No. 85-59, showing the amendment herein approved. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each a septhat a arate provision and i distinct offense. is violated shall constitute SECTION VI. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary is hereby published wicec in the Denton Record Ch onicle, the official news- i ti W,R Agenda No. ^ d Agenda I enn 45Q Date paper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this day of 1996. BOB CASTLEBERRY, MAYOR A'T'TEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,-.CITY ATTORNEY PAGE 2 Ii F EXKMff 'As r . Agenda No. Agenda Ii nn Date Being a tract of land situated in the C. Walker Surrey Abstract No. 1330 Denton County. Texas and being a part of the tract described In the Deed from Cary Hancock to Roger C. Sullivan and Robert H. Helier recorded in volum 9700 Page 6a of the Dead Records, Denton County, Texas; the subject tract being ewre particularly described as follows; 6ECINNINC for the Southwest corner of the tract being described herein, at as 1/2 inch iron rod met In tdwards Road In the occupied South, line of the Sullivan and Reiser tract South so degrees 29 iLinutee o0 seconds Last a distance of 707.75 feet frost the apparent Southwest Corner thereof and also being in North line of Allan Estates Kobile dock Park If show by the Plat thereof recorded in Cabinet C, Page 363 of the flat Records of Denton County, Texas; TVZK Z North 01 dagrees 31 nlautsm 00 seconds twat passing at 17.0 feet a 112 inch Leon rod set under a sate in a fence along the North side of tdsa<rds load and continuing, to all, a total distance of 4i0.00 feet to a V.I Lash icon rod set for the Northwest corner of the heroin described tract= THENCE South 66 degrees 29 ainutes 00 seconds bit parallel with the South line of the Sullivan and Reiser tract a distance of 660.00 feet to a 112 inch Iron rod set for the Northeast corner of the herein described tract; THENCE South 03 degrees 31 sinutes 00 seconds West a distance of 660.00 feet to a 112 Inch iron rod set for the Soetbeaet corner of the herein described tract In the South line of the Sullivan and Helier tract in the remains of an old tones line about 12 feet South of a standing fence; THENCE North 86 degrees 29 Mnueee 00 seconds West with the South line of the Sullivan and Reiser tract along Edwerds load part of the way a distance of 640.00 feet to the PLACE OF BECINNIMC and enclosing 10.00 acres of land. Ali u ATTACHMENT 5 A P&Z Minutes April 24, 1996 A~ Page 16 p V. Hold a public hearing and consider the Detailed Plan of 10 acres within Planned Development No. 42. The site is located on the east side of Mayhill Road, approximately 1,800 feet north of Treatment Plant Road. Ms. Russell opened the public hearing. Mr. Yost: This is a ten acre parcel out of the GDP that you approved at your last meeting, The land is owned by the City of Denton and it is the proposed site for a microwave antenna that is four hundred and fifty feet in height. Charlie Watkins is here to address the specifics. There is no landscaping associated with this proposal. What is a proposed is a microwave tower and a shack that will house some equipment. If another structure is needed then they will have to bring it before you and at that time there may be some landscaping required. Landscaping was thought to be inappropriate at this time. There were six notices mailed out for this Detailed Plan and we received one reply. The one reply was from Ann Stark who owns land which is primarily outside the city limits and she was in opposition. This represents only about five or six percent. Ms. Russell: Is there anyone that would care to speak? Mr. Fred Beardsley: My name is Fred Beardsley and I live at the end of the easement. And I have basically a couple of concerns that the neighbors have expressed to me. The tower, as I understand, is approximately four hundred and fifty feet tall and it basically a half a mile down the road from me now. Just observing some of the conditions, there is a row of houses along Mayhill and one house just to the other side of the proposed eight foot easement, the lights are extremely bright on that. I live at least a half a mile away and the lights affect my property at night. I was wondering if there might be a condition for an angle on the base of the lights, I realize I might be running into some other government regulation a. And the second question is who is going to maintain that easement? Ms. Russell: Typically the easement is maintained by the owner of the property where the easement is. Mr. Yost: The easement will be the subject of a variance brought to you on May 8th. Right now we are zoning the ten acre tract and not looking at the easements. Mr. Drake: It appears that this is an access easement which means that the person has the authority to cross the land at that location. The holder of the easement, somebody who has the right to use the easement, the grantee, has the right to maintain the easement for the purposes for which it was granted. In other words, if there is any kind of obstruction that prevents the person from getting access along the easement they can remove the obstruction ordinarily. As far as maintaining it in the sense of mowing the grass, trim the trees, and all of that kind of stuff, ordinarily the owner of what is called the dominant estate that has the underlying rights has the same duties that they otherwise have, it is just that the easement holder has the authority to maintain the easement for the purposes for which it was granted. Mr. Charlie Watkins: My name is Charlie Watkins and I am the Director of the Solid Waste Department. It is simply a gravel road but in as much as the utility department does continue to k Agenda Nc P&Z Minutes A e April 24, 1996 Page 17 own the land beyond this particular parcel I would anticipate that we would continue to maintain it. We expect that the use of it by the tower developers is going to be extremely minimal. With regard to the lighting, we will request that shields be placed on the lights. Mr. Cochran: What type of lights are there? Mr. Watkins: They appear to be strobe .W I understand that there are shields that are made for those that can be placed on them. I will cartact the builder and ask that they be shielded. Ms. Russell: Is there anyone else that would like to speak to the petition? We will close the public hearing. Are there any final comments? Mr. Yost: The lights are a matter for the FAA to control. It is my understanding that the applicant will be given a choice of red lights that are on constantly, or flashing white lights. As for shields I don't know. The FAA will control that. Mr. Jones: I move that we recommend approval of the Detailed Plan for Z-96-011 to the City Council. Mr. Powell: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (6-0) a Agenda No. 910 `Ul Agenda Item CITY COUNCIL REPORT Date- TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: May 7, 1996 SUBJECT: Variances to Section 34-114(171 [sidewalks] and Section 34.116(e) [fire flow} of the Code of Ordinances for Wier Acres RECOMMENDATION: The Planning and Zoning Commission recommends approval. SUMMARY: Variances for building sidewalks along Jim Christal Road and extending water line to provide enough water capacity to meet fire flow standards, for two 1.8 acre lots. BACKGROUND: See attached reports. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Property owner and user, surrounding owners of property. FISCAL IMPACT: Norte. Respectfully Submitted: Rick Svehla, Acting City Manager Prepared by: Frank H. &FRobbins, P Director of Plannin and Development Attachment: I . Sidewalk variance. 2. Fire flow variance. 3. Location map. 1 4. Preliminary plat. 5. P&Z minutes. AXX00A88 .,f e w F n C Agenda No. 76 -Q/ Agenda It m ATTACHMENT 1 Date SIDEWALK VARIANCE The owner of the proposed Wier Acres addition located on the north side of Jim Christal Road approximately 550 feet east of Masch Branch Road has applied for a variance of Section 34. 114 1171 of the Code of Ordinances. The cited section requires the developer to Install sidewalk across the frontage of the development. Mr. Wier is proposing to divide the subject 4 acres into two lots for single family residential use fronting on Jim Christal Road. The applicant feels that the cost of installing sidewalks across the frontage of the property will far outweigh the benefit to his and the surrounding property. Therefore, this is an exaction variance. The Commission has recommended to the City Council that a variance be granted since the foll^wing has been met: (b) Criteria for variances from development exactions. Where the commission finds that the imposition of any development enaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. The Commission recommends the variance be granted. The length of the frontage on the two lots is much greater than a normal single family residential lot in the City of Denton, and therefore the costs would abe disproportional. AXXOOA86 i i yL Y i k Agenda No,~!2 ATTACHMENT 2 Agenda Item 9j Dale 9-G FIRE FLOW VARIANCE The owner of the proposed UG, Acres addition has applied for a variance to Section 34-116(e) of the Code of Ordinances concerning the regulation that proposed subdivisions provide adequate "fire flow" capacity - water pressure to fight a fire. In this case, 500 gallons per minute would be required. The request is based on the lack of a reasonable connection between the required improvement and the proposed development. This "exaction variance" was recommended to the City Council under the following scenario: Where the Commission finds that the imposition of any development exaction pursuant to these regulations exceeds any reasonable benefit to the property owner or is so excessive as to constitute confiscation of the tract to be platted, it may recommend approval of variances to waive such exactions, so as to prevent such excess, to the City Council. Waiver of developmental exactions shall be approved by the City Council. In this case adequate water capacity could be achieved by, at least, connecting to the existing 16" water line in Masch Branch Road - approximately 3,500 ft. away from the site. At the average cost of $42 per foot (for an 8" line) the total cost of assuring adequate fire flow would be at least $147,000. The Commission feels this cost is well beyond any reasonable benefit to the owner, and an exaction variance is warranted for this large lot, single-family use. Attachment 2a: Fire flow standards 1 AXX00Aee Y •n 1 1f. ATTACHMENT 2a Agenda No. Agenda Item Date SUDDIVISIO I AND LAND DEVELOPMENT 9009 34-116. Rater utilities standards. (a) Basic ne2icv water systems shall be suffi- cient number of outlets and shall be of suff cient sizet to furnish adequate domestic water supply to furnish fire protection to all lots and to conform to the city master water plan, the compre- hensive utility ordinance and the standard specifications of the city. All water utility standards are applicable in the city limits and the extraterritorial jurisdiction. (b) ldesian a andards Water pipe shall be a minimum of six- inch nominal internal diameter construction. (c) fire hydrwwtc Fire hydrants shall be a maximum of six hundred (600) feet apart in residential areas and three hundred (300) feet apart in commercial/industrial areas. (d) 1ss Location of water utilities shall city right-of-way; in unusual circumstances, locationemaylbebinia utility easement. 'k 1 e) Every development shall 'O adequate water capacity for fire protection provide buildings in the development are purposes. Unless means of automatic sprinkler systems) nd accordance with Chapter 28 of the Code of ordinances, each development shall provide the following minimum water capacity (calculated with twenty (20) pounds of residual pressure); Ul11 0 High-intensity commercial and industrial . 3.00 ,000 Medium-intensity commercial . . • ' 1,500 Medium-intensity residential . , , , 750 Low-intensity residential . , , 500 1121 flows to be calculated with twenty (20) . pressures. pounds residual .r Agenda N0.--9G ' O / q ATTACHMENT 3 Agenda Ilem--9)9 OaIa NORTH 380 C; I.H. 35 ~ x JIM HR D~1V?V SITE SITE! x LH. 35E I.H. 35W YlC11V K,p Locatioa map a F L Too cp r j • CL r 3 w MM Mtr J . . 1 Y'rtlf LIl. 11Mf LI fiYq. .•M 111y( 41YYYgl( It • 114. 7 a ✓M 4M,J•I4 H .,y r lei fA Or Mw /,lt 1.f I.Y4.n y mo y FH •f, IN` = O • IAI W'* nuC nur. n 4+orr A 1..1 w• w y.•i two ~.yA•.WIq. C.rr( r..Rn yxl.'. rw, bah r 1. wu(ar ir,b p,r rw M i ,wVM wn o.qn Ir II 1 ' ~ I / f ,r P1 1 1 .RTd.I W p.rtl. rP0~,N 644 LM h i t rj5 IN 31 243M b4l v iMR1r [M1%1. VAt,( .t 1,36-W Ira go l l BLOCKS ti A MPIM,SI VM w 'Do W 141" SIR 9, 8 .a ` :w...w II fd. j LOT 1 tor 2g W ' Ifk I.:h'~ I f t"'~~'"r r\ rf 1 oaf 1~►~riw ORES AnRFS ii I ' a Q~ ;a ASP" -FD . 1I IJ U(,t ~P k A ;IUr I ~.e I o 1 L r.+a r. Ire 11 R'K x I A.'tOM IL yI S ',lf A Iw, iH 1 PRL'L1 NA Y `LA T 6.y 'S) t5lN C12 M y.r•w ~'C np IP1 _ r 1 640 fYIER ACRES M _ !JI/ KAw _ an.Rn r wrl V ~ " C w[st lZ7.1C J ' '6, J, - LOTS F AND BLOCK A 1--- D£1NC 1 MM APRE~ Mr Or TIN.' JrM _ ' ~C RISTAL ROAD !'ll1,1AX NRrAN SI'RIf7. AR.4TRAfl A'n FIA 042 n1Tr nf' Df,VTOA' 1lf.41n1 rn1'Nfr. rrus Q!0 " f1 A 1 ! It 370 / ■ oun r a tmw I ramgw KAZ M Ft" ' PCs r =so o"'"rn so" r WIN NAXXETT & NASX, INC. { - Vat VA t ri I [NCM[ M R SURVEYORS Ol r[ ![MSOMS GY. 0.9/13/96 17141 755-!49111 di► ?.~I I.S (!I7) }r/-07°! °OIrOM. R11AS 7l5 • rK'~'PM1 w F Y ATTACHMENT 5 P&Z Minutes Agenda No. April 24, 1996 g I Page 19 X. Wier Acres. r. Consider a variance to Section 34-114(17) regarding sidewalks requirements. Mr. Salmon: Mr. Bret Wier is the owner of the proposed Wier Acres Addition ;.n Jim Christal Road just to the east of Masch Branch Road. He has applied for a variance of Section 34-114 (17) regarding the construction of sidewalks along the perimeter. The applicant is proposing to subdivide the four acres into two lots. After the right-of-way dedication each lot is approximately 1.8 acres. The applicant feels that the cost of installing a sidewalk across these lots would far out weigh any benefit to him or the surrounding property owners. This makes this an exaction variance which the Commission may neconunend to the City Council if they find that the sidewalk does not have a reasonable relationship to the development. Staff is recommending that this variance be granted. The length of the frontage on the two lots is much greater than a normal single family residential lot, therefore the cost would be disproportional and would out weigh any benefit to the property or the adjacent property owners. Mr. Cochran: I move that an exaction of Section 34-114(17) of the Code of Ordinances, concerning sidewalks, be recommended to the City Council based on findings of lack of reasonable relationship between the exaction and the development Mr. Moreno: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign Approved. (6-0) b. Consider a variance regarding fire flow requirements. i Mr. Yost: Nomtally a developer, according to our Code of Ordinances, Section 34-116(e) requires that the applicant provide at least 500 g.p.m. (gallons per minute) of fire flow to their site. This has to do with water capacity and pressure at the pump. In this case the DRC feels that this cost, which is outlined in your backup, is well beyond any reasonable benefit to the applicant and feels that an exaction variance is warranted for this large lot, single family use. Ms. Schertz: I move that we reconunend approval to request the variance to Section 34-116(e) for the proposed Wier Acres Addition. Mr. Jones: Second Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign Approved. (6-0) Yi? Y: P [t Agenda No, !12 `0/9 Agenda Item . Date CITY Of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. McKINNEY• DENTON, TEXAS 76201 (817) 566.8200 • DFW METRO 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager DATE: April 24, 1996 SUBJECT: APPROVAL OF A TAX REFUND TO PRUDENTIAL HOME MORTGAGE COMPANY RECOMMENDATION: The Tax Department has received an Application for Tax Refund from Prudential Home Mortgage Company for an erroneous payment. All necessary documentation has been submitted requesting this refund which the Tax Technician recommends. SUMMARY: Chapter 31.11 oftheTexas Property Tax Code requires the approval of the governing body of the taxing unit for refunds In excess of $500.00. Prudential Home Mortgage has requested a refund in the amount of $1,599.05 because they paid on the wrong account for Centennial Homes Inc., Account #035839. BACKGROUND: Prudential Home Mortgage made a payment of $1,599.05 on December 29, 1995 on account #035839 by mistake. They intended to pay an account for L. B. Hall but they had the wrong account number. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: The Tax Department and the tax account of Centennial Homes Inc. FISCAL IMPACT: $1,599.05 "Dedicated to Quality Sen-ice" K Q r7 i,'~Ct wy City Council Report Page 2 Agenda No. Agenda (tarn zoo? Please advise if I can provide additional information. Dale iO- RESPECTFULLY SUBMITTED: Prepared by: Rr4Sv Ac ting City Manager Ilene Evans Tax Clerk I proved: i J ortune i f Finn cer Attachment: AAA01324 i P I~ 1 r i r t I 'v . 4 r r taw Preearty Tax a"' APPLICATION FOR TAX RBF 9G - O f ItNuad Appeeaeen 71.11(4194) No. Agenda item CITY OF uL-Iglu:N Dates-":, -24- Coilecting Office Name; , *e_T YM=~;, TlltElf' Collecting Tax For. 21j j t}I.Ir1Nltty OWTON, TFYAc (Taxing Units) Address City, State. Zip Code - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - In order to apply for a tax refund, the following Information must be provided by the taxpayer. IDENTIFICATION OF PROPERTY OWNER: Name: el N r VA1IALL A ncf xz e ' dv701F:, Address: 4O,JA _JtD. Sr 70o :Q1.4 c e.AS Tx '75.2 Yo-s~~ L 9 Telephone Number (if additional information Is needed): IDENTIFICATION OF PROPERTY: Description of Property- el 6 IT 7 &.6.4 T c e && 5 al '75Y 3 Address or Location of Property: ` L4 k14 k A) c.cF eKaW Account Number of Property: _ C1.5 Dy 3 9 or Tax Receipt Number. INFORMATION ON PAYMENT OF TAXES: Name of Taxing Unit Year for Amount of From Which Refund Which Refund Date of the Amount of Tax Refund Is Requested Is Requested Tax Payment Taxes Paid Requested 1.CITy`o,F 19 19 q,5 L~ $ 45W,615 : I's? TCL5 2. 19 _/19- s $ 3. 19 / 19 - $ $ Taxpayer's reason for refund (attach supporting documentation): & 17PAJ7_IAL- WO?IE /J1oxT~y `g Au 1 .L)fduSL, T d,f X 3 N T 15 ~cfc b 79fY 11-L r/ AQuf5T1AJ6 A RtiaA>> OF rHF i"AY1XuJ7_§ "I hereby apply for the refund of the above-described taxes and certify thpt the information I have given on this form is truVnd correct'Fce : /1wr*, c, Q Signature ,:,e,N4 7'ir,o ' U4_ Date of Application for Tax Refund -,------------------------------GR.721=2-19. DETERMINATION FOR TAX REFUND. --Approval Disapproval Signature of Authorized Officer Date Signature of Presiding Officer(s) of Taxing Date Unit(s) for refund applications over $500 Any person who makes a false a" upon the foregoing record shall be subject to one of ffe foaowkV penaft s. I. knpefeonrr►ant of not more than 10 years nor lose than Z years and/or a one of not more than Ss,00o or both such aM and Imprisonment; 2. confinement In log for a term up to 1 year or a one not to exceed 114,000 or both such IMa and Imprisonment as wt loft In Section 37.10, Penal Code. PEIU/Q Jt l} 4 EF•I! Prudel]UalHome Mortgage FIRST WIN[ BANK HILLSBORO, CELAWARE CHLCK N0. III MO DAY YR The Prudential Homo Mort929000mpony,InC. ESCR011 DISBURSEMENT 7200 Robbins Road, P.O. Box 19488 F31 421210129 713966 ]2/28/95 SpdnOff~ld, IL 827949488 Agenda No. Lq_ AMOUNT FOR PAYMENT OF TAXES Agendas Item - o 3 - - = e 4 • e e ~ • • 1,599,05 _ vao Ir uoi usN[D rirmn w Dnn PAY TO DENTON CITY TAX COLLECTO Date 1 - `1 111E ORDER 715 E MCKINNEY OF MUNICIPAL BUILDING DENTON, TX 74201 t7C3U347M31? cif?~ Lti 33~3:i 3~:J **ONE TFIOUSAHD FIVE HUN)RED NINETY NINE AND 05/100 DOLLARS** 5203 A t1 05~-j~ .7 / - AUT+IORIZED SIGIIATURE 0'7&396811' F:03&&00&731: 35310,259411,811' 4110000&59905EI' JA t: F Ft LA N RCPC- GROLIP ~14'%8120310iO-96 . -1 OFl~fyf'T1WIN X? T8 88111953 F1iSF STr1T[ NY4 )1 1 t'?'14???<' AlM/k I G 4 k 26851-962 ~ - MACHINE DISME+IEHT CHECK VOUCHEA 1z.ZB~os Agenda No. 860 PAGE t ADDRESS 215 E MCrCINrEY Date' t aw-n0 SHdIT-MANE DESCarPrrok-----__-_-- TAAN DATE NO-HT DOCK TOTAL f rTENS 1.599.05 i G r> > ty EF1 r, CITY OF DENTON 215 E. Mc Kinney Street PAGE: 1 TAX OFFICE Denton, Texas 76201 04/23/96 RECEIPT 95/04/0j-0154 Receipt N Collection Agent For: CITY OF DENTON Tax Account p: 0358 -390-0000 ~I Owner Name: CENTENNIAL HOMES INC D/D/A Mailing Address: TRENDMAKER HOMES 5757 ALPHA RD STE 700 Property Description: A0797A J. MCGOWAN, TRACT 61, ACRES 23.V50-0, OLD DCAD TR 10A Property Location: 02551 LILLIAN MIL PW Date Processed: 12/251/95 Method of Payment: CHECK 713965 Paid By: # COPY OF A PREVIOUS RECEIPT ~ Tgt~l Taxea, Penalty, 3 Interest Oue Tax Year Taxes P &I Collection Fees TOTALS 1995 1,599.05 0.00 0.00 1,599.05 Other Fees Paid: r 1 TOTAL PAID THIS RECEIPT $1,59'd.05 BALANCE DUE A C C 0 U N T P A I D 1 N F U L L 40.00 TAX OFFICE COPY s a Agenda No. Agenda Item Date S- - ORDINANCE NO. 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. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-I. That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items. BID ITEM NUMBER NO VENDOR AMOUNT 1886 ALI, BAKER EQUIPMENT CO. 1894 ALL ZIMMERER KUBOTA OF DENTON S 154,990. 0 SECTION II. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid Proposals, and related documents. SECTION III. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 2s Agenda No. 0 Agenda Item llate_d5~ ' 1' 9 SECTION IV. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SECTION. Y. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLY.ORD I i DATE: MAY 7, 1996 CITY COUNCIL REPORT Agenda No, d~~ Agenda Item T0: Mayor and Members of the City Council Date ~ FROM: Rick Svehla, Acting City Manager SUBJECT: BID N 1886. PRESSURE WASHERNACUUM TRUCK nCOMMENDATIOIN, We recommend this bid be awarded to the lowest bidder meeting specification, Baker Equipment Co., in the amount of $167,433.00. SUMMARY: This bid is for the purchase of a truck mounted pressure washer/vacuum unit for cleaning sewer mains. The washer/vacuum unit manufactured by Clean Earth Environmental is mounted on a 60,000 Ib GV W modified Ford LTS 9000 caVchassis, has a 12 cubic yard debris body, a 1500 gallon water tank and a 2500 psi 80 gallon per minute pump. The vacuum system has a capacity of 3300 CFM inlet volume, an eight (8) inch hose and hydraulic boom. The unit is capable of cleaning lines from 4" to 15" diameter. This unit will replace a smaller similar unit purchased in 1985 and no longer economical to maintain. The old unit will be sold at auction. BACKGR0194M- Tabulation Sheet PROGRAMS.DEPARTMENTS_OR_GROUES_AFERCTED: Water/Sewer Field Services and Motor Pool. FISCAL IMPACT. This unit will be funded from 1995-96 Motor Pool replacement funds approved during the budget process, account #720-025-0584-9104. Respectfully submitted: oad~ - Rick Svehla Acting City Manager r A Name: Tom D. aw, C.P.M. Title: Purchasing Agent 729.AGENDA r r rau L BID 0 1886 ` UNDERGROUND BAKER erNscuum Truck 'yBID NAME Pressure BOB EQUIP STM EQUIP. MNER Wufi I . ` ~1P. SU CO. METRO OPEN DATE April 18, 19% FORD _ _ _ VENDOR _ VENDOR VENDOR _VENDOR _ VE VENDOR 8 QTy DESCRIPTION NDO R VENDOR 00 $209,673.00 $161,433.00 S169.795 1 l Pressure WasderNacnam Truck SI83,553. .00 Truck Chassis Mfg: FORD FORD FORD FORD - Model: LTS9000 LTS9000 LTS9000 CLEEN SUPER Body Mfg: VACTOR VACCON _EARTH PRODU 309iNA _ .._SJVIW9 _CAMEL - - t Model: 21 lOJ6 _ 150-180 DAYS 220 DAYS ISO 17S DAYS 90 150__.____ Delivery of Complete U1111* 1 s9 ALTERNATE $189,614.00 PETERBILT NOBID_AE LASES-_.._ 150-180 DAYS PRIME EQUIPMENT SEWER EQUIP. OF AMERICA IDS 1 R DATE: MAY 7, 1996 CITY.COUNCIL REPORT Agenda No. TO: Mayor and Members of the City Council A4tnA3 m Dtte~ _ . FROM: Rick Svehla, Acting City Manager SUBJECT: BID # 1894 TRIPLE-GANG FLAIL MOWER RECOMMEl!IDATTON. We recommend this bid be awarded to the lowest bidder meeting specification, Zimmerer Kubota of Denton, in the amount of $54,990.00. SU31MARY: This bid is for the purchase of a heavy duty 19' mowing width self-propelled triple- gang flail mower for the Parks Department. The unit is powered by an 86 pto horsepower tractor and is capable of mowing a 19' wide path. A flail mower is similar to a reel mower versus a rotary mower like most pasture mowing machines currently in use. The flail mower offers a more even controlled cut and a more controlled discharge of cut materials. This unit will replace a lighter duty similar type mower purchased in 1985 and currently operating in a limited capacity (only two reels will operate). The old unit is not economical to repair and will be sold at auction. BACKGROIIlUh- Tabulation Sheet PROS=RAMS, pEPARTMENTS-O1tGRQIIPS_AFFECTED. Park Maintenance Operations and Motor Pool. FISCALAMPACT; This unit will be funded from 1995/96 Motor Pool replacement funds + approved during the budget process, account #720-025-0584-9104. Respectfully submitted: i~,' 0a VW/M& Rick Svehla Acting City Manager QAoveda.,- Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 730.AG£NDA a tl 1 BID N 1894 I ZIMMER£R RIVERSIDE f ANDERSON BID NAME Triple Gong Flail Mower Kl7BOTA TRACTOR ~ MACH. !OPEN DATE April 1& 1996 YENDOR VENDOR VENDOR VENDOR VENWIt VENDOR M QTY DESCRIPTION VENDOR 1 I Heavy Duty 19' Mow ing W ldlh S54,990.00 SSg'000.00 S60'90" Ind'I Self-Propelled Ilydroulkally FORD Powered Triple Gang Flail Mower FORD FORD 7710 7140 1110 MfglModel Bid: TIGER TIGER TIGER 73F T3F246C 246C Delh'ery: 60 DAYS 90 DAYS 120 DAYS F.O.B DENTON F.O.B DENTON F.0.8 DENTON h i OI Ev Z ~ ga f v 1$ Y.'w+r Agenda No, Agenda item Date ORDINANCENO. 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: SECnOXI. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NL MBER CONTRACTOR AMOUNT 1890 FLOYD GLEN SMITH CONCRETE CONTRACTOR $37,046.00 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 af3er notification of the award of the bid. SECTIONN19. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. M i• City of Denton City Council Minutes Agsoda No. March 5, 1996 Page 7 Agenda Item Date Veronica Rolen, Administrative Assistant, stated that on June 6, 1995 Council passed a resolution which adopted a policy to allow for three year exceptions to the noise ordinance. In order to qualify for the three year exception, the event had to be held annually and the organization had to demonstrate three consecutive years of responsible activity in accordance with the noise ordinance. Staff had received an exception request for the Denton Arts and Jazz Festival. The Festival had demonstrated responsible activity for the past three years with no noise-related complaints received during the past events. The following ordinance was considered: NO. 96-053 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, GRANTING, PURSUANT TO SECTION 20-1 (c)(2) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, AN EXCEPTION TO THE LIMITATIONS IMPOSED BY THAT SECTION WITH RESPECT TO HOURS GF OPERATION OF AN AMPLIFIED LOUDSPEAKER SYSTEM; AND SETTING AN EFFECTIVE DATE. Krueger motioned, Young seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. B. The Council considered adoption of an ordinance establishing fees to be charged by the Denton Municipal Laboratory for coliform bacteriological analyses. Howard Martin, Director of Environmental Services, stated that this ordinance would revise the existing fees at the Denton Municipal Laboratory. The City owned and operated a State certified bacteriological laboratory to monitor water quality and to perform regulatory compliance for the Denton water system. In addition, the laboratory performed bacteriological testing for a number of smaller water systems in the area, Currently the laboratory was performing approximately 2,000 samples for other entities. The current fees had recovered the full cost of the service until January when the State revised its requirements which increased costs on staff time and preparation. The revision to the fees was needed in order to cover the full cost of the service. The proposed ordinance would establish coliform analysis at $15 per sample, fecal coliform at $25 per sample and total coliform at $35 per sample. It also established a charge for record search services. The Public Utilities Board recommended approval. The following ordinance was considered: W Y T City of Denton City Council Minutes March 5, 1996 Lj/_ - Page 8 It rc9_5..1 Aganda t m Date - LQ NO. 96-054 AN ORDINANCE ESTABLISHING FEES TO BE CHARGED BY THE DENTON MUNICIPAL LABORATORY FOR COLIFORM BACTERIOLOGICAL ANALYSES; PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE DATE. Krueger motioned, Biles seconded to adopt the ordinance. Council Member Brock asked about the necessity for professional liability insurance. Martin stated that that question was raised by the Public Utilities Board. It was found that the larger labs had professional liability insurance but those were labs which did thousands of tests for a variety of clients, many of which dealt with hazardous materials. On roll vote to adopt the ordinance, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. C. The Council considered adoption of an ordinance ordering an election to be held in the City of Denton, Texas, on May 4, 1996, and, if a runoff election is required, on June 1, 1996, for the purpose of electing Council Members to Places 5 and 6 and election a Mayor to Place 7 of the City Council of the City of Denton, Texas; designating voting places; appointing election officials; providing for bilingual notice of the election; and ordering that the punch card electronic voting system be used. The following ordinance was considered: I NO. 96-055 AN ORDINANCE ORDERING AN ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, ON MAY 4, 1996, AND, IF A RUNOFF ELECTION IS REQUIRED, ON JUNE 11 1996, FOR THE PURPOSE OF ELECTING COUNCIL MEMBERS TO PLACES 5 AND 6 AND ELECTING A MAYOR TO PLACE 7 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES; APPOINTING ELECTION OFFICIALS; PROVIDING FOR EARLY VOTING; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT THE PUNCH CARD ELECTRONIC VOTING SYSTEM BE USED; AND PROVIDING FOR AN EFFECTIVE DATE. Brock, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "ayetO. Motion carried unanimously. D. The Council considered adoption of an ordinance authorizing the city Manager to execute a contract between the City Y P City of Denton City Council Minutes Aflenda No. March 5, 1996 Page 9 agenda Item Date'" and Christine Ussery for the purchase of real property for landfill purposes; and authorizing the expenditure of funds. ' The following ordinance was considered: NO. 96-056 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT BETWEEN THE CITY AND CHRISTINE USSERY FOR THE PURCHASE OF REAL PROPERTY FOR LANDFILL PROPOSES; AUTHORIZING THE EXPENDITURE OF FUNDS; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance amending Ordinance No. 94-183 relating to the Rules of Procedure of the City Council of the City of Denton, Texas, by providing that the Pledge of Allegiance will include both a recital of the Pledge to the United States Flag and to the Texas Flag. The following ordinance was considered: NO. 96-057 AN ORDINANCE AMENDING ORDINANCE NO. 94-183 RELATING TO THE RULES OF PROCEDURE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, BY PROVIDING THAT THE PLEDGE OF ALLEGIANCE WILL INCLUDE BOTH A RECITAL OF THE PLEDGE TO THE UNITED STATES FLAG AND TO THE TEXAS FLAG; AND PROVIDING FOR AN EFFECTIVE DATE. Cott motioned, Krueger seconded to adopt the ordinance. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. Council Member Brock indicated that she had voted against the ordinance as the State of Texas was not really "one and indivisible". Legally and technically Texas could divide itself into five states. 9. Resolutions A. The Council considered approval of a resolution relating to the issuance of obligations by North Texas Higher Education Authority, Inc.; approving the issuance of such obligations and the use of the proceeds of such obligations; and making certain findings in connection therewith. City of Denton City Council Minutes Q~(9-011-- Page ~March 5, 1996 Apaada No. 10 Agenda ite Gale Kathryn Bryan, North Texas Higher Education Authority, presented an overview of the organization. The City of Denton sponsored the Authority, approved the financing and appointed the Board Members. The Board provided student loans to individuals attending the University of North Texas. The following resolution was considered: I NO. R96-011 A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF DENTON RELATING TO THE ISSUANCE OF OBLIGATIONS BY NORTH TEXAS HIGHER EDUCATION AUTHORITY, INC.; APPROVING THE ISSUANCE OF SUCH OBLIGATIONS AND THE USE OF THE PROCEEDS OF SUCH OBLIGATIONS; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. Krueger motioned, Young seconded to approve the resolution. on roll vote, Miller "aye"", Young "aye", Cott "aye", Krueger "aye", Brock unanimously8 aye, and Mayor Castleberry "aye". Motion carried B. The Council considered approval of a resolution adopting a personnel policy relating to Family and Medical Leave. The following resolution was considered: NO. R96-012 A RESOLUTION ADOPTING A PERSONNEL POLICY RELATING TO FAMILY AND MEDICAL LEAVE; AND PROVIDING AN EFFECTIVE DATE. Brock motioned, Young seconded to approve the resolution. On roll vote"~Miller "aye", Young "aye'+, Cott "aye", Krueger "aye", Brock unanimously. aye", and Mayor Castleberry "aye". Motion carried consider Policy.No.T408-05n"Debt Service M nag ment'f a resolution adopting The following resolution was considered: NO. R96-013 A RESOLUTION ADOPTING POLICY NO. 408.05 "DEBT SERVICE MANAGEMENT" AND PROVIDING FOR AN EFFECTIVE DATE. Krueger motioned, Young seconded to approve the resolution. On Brock oll vote, Miller "aye+',Young "aye", Cott "aye", Krueger ++aye", r carried unanimously, "aye", and Mayor Castleberry "aye". Motion G t City of Denton city council minutes Agenda 10._ L1- March 5, 1996 Page 12 Apdnda Nam Date_ls_'") 10. The council considered a nomination to the Traffic Safety Commission and the Development Policy Committee. Council Member Brock nominated Gregory Sawko to the Traffic Safety Commission. Development Policy Committee Mayor Castleberry stated that Council would be voting on the previous nominations from the prior meeting except for the neighborhood representatives. Krueger motioned, Biles seconded to approve those prior nominations. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Nominations from Council for neighborhood representations. Council Member Cott - John Weber Council Member Brock - Jim Englebrecht Council Member Miller - Martha Guerra Mayor Castleberry - Donna McClendon Mayor Pro Tem. Biles - Carolyn Smith Council Member Young - Alma Clark Council Member Krueger - Jesse Coffey Vicki McCombs stated that she was one of the six individuals selected by the neighbors to represent the neighborhoods on the Committee. The associations felt that they had selected a member to that committee. She felt the Council was making a mistake by not accepting the neighborhood selections as presented to Council. only the neighborhoods would lack their own representation. All other committee members were selected by the organizations they were representing. She was concerned about what was happening with the committee. She asked why the Council's choices were more important than the neighborhood choices. She urged council to accept the six individuals who were placed before the Council. Council Member Cott stated that it was his understanding that this was the list which the neighborhoods agreed to. McCombs stated that the newspaper published the members which were selected at the meetings. 4 w F -•`Sr City of Denton City Council Minutes Agenda No,_ ' March 5, 1996 Page 12 Agenda It Date Mayor Pro Tem Biles stated that there was an incorrect perception that Council Members were substituting their judgement for the neighborhoods and placed their nominees in a position which was higher or better compared to the other names. Three of the seven suggested members were nominated. Council had an obligation to do what was best for the City. For every single committee, Council received several names of individuals to serve. The person he nominated also agreed to make a commitment to serve on the committee. As an elected official, he exercised what he was elected to do and had to make a decision. It was not part of anything going on behind the scenes and he was not aware of anything of such a nature. Regardless of a vote for or against any nominations, he was exercising that what he had been charged to do and that was to make a decision and that decision would be in the best interest of District Three and for the City of Denton. Mayor Castleberry stated that Council would vote on the nominations. Council Member Krueger stated that Council decided at the last meeting that nominations would be at this meeting and voting would be at the next meeting. Consensus of the Council was to vote individually on the nominations at this meeting. On roll vote on Jesse Coffey, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. On roll vote for Alma Clark, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. on roll vote for Carolyn Smith, Miller "aye", Young "ayes', Cott "aye'', Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. On roll vote for Donna McClendon, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. On roll vote for Martha Guerra, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Bruck "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimousi.. on roll vote for Jim Englebrecht, Miller "aye", Young Faye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. i c r , City of Denton City Council Minutes March 5, 1996 A01nda No, Page 13 J~ e Dote On roll vote for John Weber, Miller "aye", Young "nay", Cott "aye", Krueger "nay", Brock "aye", Biles "nay", and Mayor Castleberry "nay". Motion failed with a 3-4 vote. Council Member Cott nominated Perry Slack. On roll vote for Perry Slack, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Krueger nominated, Young seconded Jo Nash for chair of the Committee. on roll vote, Miller "nay", Young "aye", Cott "aye", Krueger "aye", Brock "nay", Biles "aye", and mayor Castleberry "aye". Motion carried with a 5-2 vote. 11. Vision Update Council Member Miller stated that the Cabinet met on February 27th and received reports from each of the four areas. Council Member Brock stated that the Entranceways Committee was working with hardware and software for visualization on the entranceway corridors. 12. Miscellaneous matters from the City Manager. Acting City Manager Svehla did not have any items for the Co•:,ecil. 13. There was no Official Action on Closed Meeting items discussed earlier. 14. New Business The following items of New Business were suggested by council Members for future agendas: A. Council Member Krueger asked for the rules and procedures regarding code violations and the Code Enforcement office. 15. The council did not meet in a Closed Meeting during the Regular Session. With no further business, the meeting was adjourned 8:16 p.m. JENNIFER WALTERS BOB CASTLEBERRY CITY SECRETARY MAYOR CITY OF DENTON, TEXAS CITY OF DENTON, TEXAS ACCO02F2 a i CITY OF DENTON CITY COUNCIL MINUTES March 19, 1996 Agenda No. q The Co uncil convened into a Closed Meeting on T,e1011 y1996 at 5:15 p.m. in the Civil Defense Room. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council convened into a Closed Meeting to discuss the following: The Council convened into a Regular Meeting on Tuesday, T"arch 19, 1996 at 7:00 p.m. in the Council Chambers. PRESENT: Mayor Castleberry; Council Members Brock, Cott, Miller and Young. ABSENT: Mayor Pro Tem Biles and Council Member Krueger 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S. Flag and Texas Flag. 2. The Council considered approval of the minutes of November 7, November 14, November 21, and November 28, 1995. Mayor Pro Tem Biles and Council Member Krueger joined the meeting. Cott motioned, Brock seconded to approve the minutes as presented. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Mayor Castleberry presented the following proclamations: Believe It or Not I Can Week Stay in School Year 3. Citizen Reports A. The Council received a citizen report from Willie Hudspeth regarding meeting times for City Boards and Commissions. Mr. Hudspeth stated that he had a concern about the meeting times for the boards and commissions The purpose of the commissions, comprised of citizens, was to give information to the Council. He appealed to the council to consider where the majority of those citizens were from. Those individuals were working individuals and he felt that the boards and commissions were not represented by those working individuals. Eight of the boards/commissions met between 9:00 a.m. - 4:00 p.m. and seven met between 5:00 p,m.- 5:30 p.m. There was only one board which met after 5:30 p.m. He realized that the council did not tell the boards and commissions a 4 i City of Denton City Council Minutes Agenda No. 9 ~d f March 19, 1996 Page 2 Agenda I m Date - h when to meet but he asked Council to look into the matter. There was another large population which did not get to be on boards/commissions as they were working. Another item he requested Council to consider was a stage for Fred Moore Park similar to the one in the Civic Center Park. Council Member Young stated that he would look at the hours for the boards/commissions as he felt they discriminated against the working citizens in Denton. The CDBG Committee did not fund the stage at Fred Moore Park this year but would be reconsidering the item in the future. B. The council received a citizen report from Dessie Goodson regarding streets in the City of Denton. Ms. Goodson presented a picture to council regarding an area behind the Pizza Inn on Denison Street. She had asked the Health Department to take care of the issue but the trash still stayed in the area. The restaurant indicated that it threw out food for the squirrels and birds to eat. She asked that the City respond to the potholes and drainage at the intersection of Amarillo and Greg. The drain was clogged with debris and she wanted to know when it would be corrected. SPAN had added a new stop on the Green Route for the branch library. This route was not publicized and the stop was not indicated as a new stop. On the third of the month she had to call a plumber to investigate her sewer line. The plumber ran 701 of cable in the line with no problem indicated. She paid to clean out part of the City's drainage and had filed a claim for the amount she paid the plumber. She asked to meet with the Executive Director of Utilities, the Acting City Manager and the Public Utilities Board to explain how one individual could use 86 gallons of water and wastewater in one day. She requested an explanation about her bill. 4. The Council held a discussion and gave staff direction concerning the schedule and selection process for selecting a city Manager. Tom Klinck, Director of Human Resources, stated that the consultant would be finalizing the finalists for Council consideration in a week. He reviewed the schedule for March 27th through March 30th. He presented the Council a list of questions to consider and asked them to narrow the questions to approximately twenty five to use for the panel interview guide. Hiles motioned, Brock seconded to authorize the consultant and his firm to proceed with the instructions and actions concerning the selection of the finalists for the position of City Manager as discussed in Closed Session. V f i J , City of Denton City Council Minutes AgandA MO,I ?(a l9 March 19, 1996 D2eAdi tom-at Page 3 Council Member Young felt that the process not correct. The consultant brought in many candidates but the list had a problem. He would be voting against the process as it was not fair. On roll vote, Miller "aye", Young "nay", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 6-1 vote. 5. The Council reviewed and gave staff direction concerning the proposed charter and bylaws of the Economic Development Corporation of Denton. City Attorney Prouty stated that the council had been provided with copies of the resolution which authorized the creation of the Economic Development Corporation of Denton, the Articles of Incorporation and the by-laws. These documents were highlighted to indicate changes which were made from the previous set of documents. Section 4.04 of the by-laws, which detailed various duties and tasks of the EDC, was changed. It was recommended to delete that section and replace it with Subsection 201.6 which dealt with purposes and duties. That subsection required the EDC, with the help of the City and Chamber, to perform the various tasks and charges which were required in the second amendment to the Chamber contract. Mayor Pro Tem Biles left the meeting. City Attorney Prouty continued that another change in Section 3.01 allowed the Board to establish membership classifications without the approval of the City Council. There still was a question of whether that could be done. Section 4.02 indicated that, in addition to the five members to be appointed by the Council, the EDTC recommended that the entire Council be ex-officio members and Council appoint up to five additional ex-officio members with the EDTC recommending that three of the members be the City Manger, the staff head and volunteer head of the chamber. Two sections on meetings were combined which allowed the Board to determine the times for their regular meetings with a minimum of four meetings per year. Special meetings could be called by special circumstances. There must be at least three affirmative votes to take action by the Board and the section on standing committees was eliminated. Staff was seeking direction on the language of the by- laws and whether or not the Council wanted to accept the changes or make additional changes. Staff also needed Council to make decisions on the Board of Directors to the Corporation and the relationship between the EDC and the Chamber. In the by-laws this was outlined with the EDC contracting with the City for various administrative, technical and financial services or could choose to contract with outside consultants. If the EDC wanted to contract with the City, the Council would have to decide whether or not to require reimbursement for staff time spent performing these v f a F City of Denton City Council Minutes A93nda No._CLy March 19, 1996 Agenda Item Page 4 Date _ functions and the form of reimbursement. The proposed election for the sales and use tax was not until August. There might still be a question of how the new EDC would be funded from the time it was created until the election. Mayor Pro Tem Biles returned to the meeting. Council Member Brock stated that one of the questions she had asked of the Economic Development Transition Committee when this was first presented to Council was the issue of accountability. The answers given from the EDTC emphasized the strong role of the Council and the fact that the Council was the elected body which was accountable to the taxpayers. She felt that the Councilfs role was reduced in the proposed changes. There was a change from a list of specific tasks to be carried out by the EDC and fairly close supervision being replaced by giving the EDC a lot of flexibility and very little supervision. She questioned why the EDTC moved in that direction. A long list of tasks and duties was replaced with a general statement. Also the council would be limited in who it could appoint as ex-officio members as three members were already indicated. There was also the issue in the proposal that the members of the EDC would be residents of the City whereas the Chairman of the Board of the Chamber might be a non- resident. Council Member Krueger felt that the changes were not drastic and that the by-laws were too long to start with. Carl Anderson, Vice-Chair of the EDTC, stated that the Committee was not heading in that direction. In the annual plan of action and the annual tudget, the Council would address any such questions. It was not the recommendation of the Committee to include the three named individuals as ex-officio members. The Committeets recommendation was to make all members of the Council ex-officio members and Council could appoint up to five other ex- officio members and could, in addition to those five, appoint one of those three or all three individuals. Mayor Pro Tem Biles felt that the by-laws were not too restrictive from a legal standpoint. The function of the by-laws was to give shape, structure and a purpose to the corporation and to the Board of Directors. The former Section 4.04 was too restrictive in that what might be appropriate for economic development in 1996 might not be appropriate in future years. The annual program of action and budget had to be approved by the Counci.. If Council disagreed with the program of action, then that Council could provide directives to the EDC. Council Member Brock stated that one of the portions of Section 4.04 which was eliminated indicated that the Board would be regularly accountable to the City Council for all activities F it City of Denton City Council Minutes Agenda No.3k-_O_d_. March 19, 1996 Page 5 Agenda Itenv.5" undertaken by or on their behalf. A semi-annual report was to be made to the Council and she assumed that the annual program and annual budget would be sufficient to replace that paragraph. Anderson replied correct plus there was criteria that the EDC members served at council's will. City Attorney Prouty stated that there was also a section which indicated that along with the budget, the Board would submit a performance evaluation detailing achievements of prior goals and objectives. There was also a section dealing with a monthly summary of proposed dispensable funds. Council Member Miller stated that Section 3.02 indicated that long range goals and programs were to be developed for the City and the Corporation. He assumed that those would be economic development plans as they related to the City and the Corporation. August 10th was a proposed date for a sale:: tax election. He asked what would be the plan for the Economic Development Corporation from the time between when the Corporation was established and a board appointed and August 10th. Anderson stated until the corporation was funded, it would continue with the contract as it now was. The EDC :ould fulfill the contract and continue to perform economic avelopment as was currently being done. Council Member Miller asked if the Economic Development Corporation would develop the goals, objectives and strategies for the sales tax referendum. Anderson stated that there had been discussions on the issue but had no exact plans. The Committee wanted to know what role the Council wanted them to play in the referendum. There was already a concern about the implication of the tax. Council Member Miller stated that with the recent election for an additional half cent to reduce the ad valorem tax, council appointed a task force and that task force returned with recommendations on how to proceed. He asked if the EDC would serve that type of role. Anderson stated that the EDC would serve any role the Council desired. The prior election was well planned and if Council wanted the EDC to lead that effort it would but there needed to be more than just that committee. Council Member Miller stated that the CIP Task Force not only marketed the proposal but also determined and recommended to the Council what the CIP proposals would be for each of the five years. At this point in time there was no substance of what the A City of Denton City Council Minutes AOends Nd, March 19, 1996 AGend tom Page 6 Date ~_(o corporation would be doing. He asked if the EDC had plans to develop goals, objectives and strategies for the dollars. Anderson replied yes and the Committee had talked about other communities which were role models for that effort. There was a need to inform the citizens about what the money would be used for. Council Member Miller stated that if there was an Economic Development Corporation why not transfer the current funds and responsibility from the Chamber and give it to the EDC. The corporation could subcontract for office space and hire a director rather than have a corporation with no money until the funding was approved. Anderson replied that the Committee was concerned about the fact that the Chamber of Commerce collected pledges for three year commitments and that money was pledged to that effort. The Committee wanted to make sure the money pledged was used correctly. They wanted to make sure that the partnership continued between the Chamber and the EDTC until the contract was fulfilled. Mayor Castleberry stated that there should be a provision that the contract with the Chamber would be cancelled when the five member board and the corporation was approved as there would be no reason for that contract. Those funds, which mostly came from the Utilities Department, would go to the new corporation. The funds in economic development at the Chamber should be transferred to the new corporation. There was no reason for two funds. City Attorney Prouty stated that if the Council wanted the main functions in that contract be transferred to the EDC and the funding transferred to the EDC, it might be better to amend the contract rather than cancel the contract. Mayor Castleberry felt there was a need to do that soon so that it would occur when the corporation was formed. The City should not continue to perform legal work for the EDC without reimbursement as it would have its own money. He would like to see the corporation located in its own office space and not at a space in the Chamber or in the City offices. This was a separate corporation and should function as such. Anderson stated that that had been disc,;ssed and until the corporation had funds, it did not want to spend any money in that area. Council Member Cott understood that the Chamber would perform the marketing functions. He did not see this as a custodial function for the Chamber. He felt that these were individuals who understood how to spend the money for the City on a long term plan. City of Denton City Council Minutes March 19, 1996 Agenda No.H Page 7 Agenda Item Date~; _ Mayor Pro Tem Biles stated that the intention of the State statute was that the five member board of directors would be empowered to make decisions which it felt were the best for the expenditure of the sales tax dollars and that would be the most productive for generating economic development. There was merit on what the Mayor indicated about the location of an office but felt that that ion should areaswas the t anbe made by the sition period from board aoseven emember committee to this board. That new board was charged with replacing all the duties of the previous economic advisory board. Council anticipated that this Board would be in the forefront of the marketing effort for the economic development sales tax. Section 2.01 of the by-laws indicated that the corporation with the assistance of the City of Denton and Denton Chamber of Commerce would perform all tasks, charges and services required of it. At present, the economic development board was not charged with anything under those contracts. Right now that contract was exclusively with the City and the Chamber. Unless the contract was amended, the economic development board did not fit into those contracts. If the economic development board was going to lead the marketing effort for the sales tax, funds would have to be available to the board but those funds at present were tied only to the Chamber. If the economic development board was going to lead the marketing effort for the sales tax, money was needed for the board to perform that effort. The present contract did not allow for that. The issue was whether to terminate the current contract and move those dollars presently in place as well as the stream of dollars directly to the economic development board and its corporation or allow the money to stay there and amend the contracts between the City and the Chamber. I Council Member Young agreed with Council Member Cott and Mayor Pro Tem Biles that the EDC board of directors should find a place for an office. Young motioned, Cott seconded to direct the City Manager to return with an ordinance for consideration at the next meeting. Council Member Brock stated that section 5.8 indicated that the EDB would move away from the idea of hiring a Director of Economic Development as well as the chief Executive Officer of the corporation and asked for the rationale for that. Anderson stated that the committee did not want the taxpayers to think that the board was going to immediately hire personnel when the first item was to see what needed to be done. It might be better to work with the existing structure in the beginning rather than hiring individuals. Mayor Castleberry stated that because of the planning which had been done there was a good possibility that the group would be away e I City of Denton City Council Minutes March 19, 1996 Agenda No. Page 8 Agenda Item ante - from both the City and the Chamber and be a separate entity. Mayor Pro Tem Biles felt that before Council voted on Council Member Young's motion, there was a need to determine the answers to the two questions he noted earlier. One was whether to continue the funding with the Chamber or change and provide the funding to the new economic development board. Anderson felt that the consensus at their last meeting was to leave the funding through the Chamber. Mayor Pro Tem Biles stated that if the funds were left with the Chamber, the contract needed to be amended to allow the Chamber Board of Directors to authorize the expenditure of funds for the economic development sales tax marketing. City Attorney Prouty stated that in the second amendment to the contract, there was a period where the Transition committee performed certain tasks and developed charges for the new EDC. It was implied in the contract that at the time those charges were developed, the EDC would perform those charges. One alternative was to amend the contract to require that. The base agreement had a cancellation clause. In that event, all unused economic development money which was provided to the Chamber under the contract, returned to the City. Mayor Pro Tem Biles offered a friendly amendment that language be added to Section 2.01 that the City Attorney prepare a third amendment to the contract with the Chamber which authorized the expenditure of funds for the marketing of the economic development sales tax. Council Member Young stated that he would accept that change to his original motion and would change the date to the next regular meeting. Council Member Krueger felt that this was tieing the hands of the Board. Council needed to pass the by-laws as their number one function was to put a package together for the election. On roll vote, Miller "aye", Young "aye", Cott 'aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castlet)erry "aye". Motion carried unanimously. Council Member Young and Mayor Pro Tem Biles left the meeting. 6. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance for a Specific Use Permit for a parking lot for the Sullivan-Keller Early Development Center. The subject property wa:j rf V 4• s t City of Denton City Council Minutes March 19, 1996 Agenda ke Page 9 Aplnda heat Date ` in the Single Family 7 (SF-7) zoning district and was located on the northwest corner of Davis and Wood Streets, and was more commonly known as Lots i-4, Block 4, of the College View Addition. (The Planning & Zoning Commission held a public hearing on March 13, 1996, and recommended approval 7-0.) Council Member Cott left the meeting. Harry Persuad, Senior Planner, stated that the specific use permit would be for a parking lot for the Sullivan Keller Early Development Center. Staff analysis of the proposal determined that there were seven criteria in the zoning ordinance. The Planning and Zoning Commission found that the site plan met all of those requirements. The Mayor opened the public hearing. Mayor Pro Tem Biles returned to the meeting. No one spoke during the public hearing. Council Member Krueger left the meeting. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-058 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING A SPECIFIC USE PERMIT FOR A PARKING LOT FOR THE SULLIVAN-KELLER EARLY DEVELOPMENT CENTER, LOCATED ON THE NORTHWEST CORNER OF DAVIS AND WOOD STREETS, AND CURRENTLY ZONED UNDER THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Miller motioned, Brock seconded to adopt the ordinance. On roll voteMiller "aye", Brock "aye,', Biles "aye", and mayor Castleberry "aye". Motion carried unanimously. B. The Council held a public hearing and considered adoption of an ordinance amending Ordinance 94-037 for 11.92 acres to increase the permitted density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2 1/2 stories to 3 stories. The subject property was in the Multi-Family 1 Conditoned 1(c)) zoning district and was located on the southeasticornerMof Bernard and Collins Street. (The Planning & Zoning Commission recommended approval 3-2.) k tl F i L City of Denton City Council Minutes Q March 19, 1996 Agenda No. -~1 Page 10 Agenda Item Date " 1 q L' Council Member Cott returned to the meeting. Harry Persuad, Senior Planner, stated that in 1994 Council approved multifamily zoning with conditions on this tract of land. There were conditions in that ordinance and this two of those conditions. The changes would incre se the densitynto sixteen units per acre and increase the height of the buildings to three stories. One of the major concerns was the increase in traffic as a result of the increased density, especially at the intersection of Eagle and Bernard. indicated that zoning that area to multifA In 1994 amilyf ouldthave yielded another 525 vehicle trips in that area. The developer's traffic study of this proposal indicated an additional 364 vehicle trips in a 24 hour period. The developers agreed to improve a portion of the intersection of Eagle and Bernard by adding another turn lane, signs and lane lines. The details of all of these improvements would be assessed at the time of platting. Council Members Young and Krueger returned to the meeting. The Mayor opened the public hearing. Dale Irwin stated that he was one of the owners of the tract of land. They had searched for a fine firm to build these apartments on this tract of land, Bill Dahlstrom stated that he was representing First Worthing, the developers of the project. Several years ago a change occurred in develo and recreational activitiessforwith the ctenants. es,emore landscaping increase the number of units from twelve to sixteen unitssandwthis density would be consistent with surrounding properties. The Planning and Zoning commission recommend approval the Chuck Smith, Mesquite Ridge Condos, locatedacrossothehstreetsfrom s lead meetpngroposal with him and idiscussing otheiOn project the proposal. After opposition. Bernard Street was currentlydsigned efowrithdrew 8500 trips per day. The development at twelve units per day would generate tri wouldxincrease4the traffrio on yB. The ernard istreetebto sixteen units situation was far less on Collins Street. A twelve unitlde el.opment 4% The would generate 915 vehicles per day and a sixteen unit development would generate approximately 1028 vehicles per day which was an increase of only 1% for Collins Street. Other concerns included drainage, parking and infrastructure which would be addressed during the platting function. Council Member Brock asked if there were any provisions for pedestrian and bicycle traffic. i. r• City of Denton city council minutes AwdaNo,,~~~_ March 19, 1996 Agenda ItirtYi~ Page 11 Dotes g l Q Acting City Manager Svehla stated that the Subdivision Regulations required sidewalks along the complex itself and also walks for Collins. The Mayor closed the public hearing. The following ordinance was considered: ! NO. 96-059 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE 94-037A TO INCREASE THE DENSITY FROM TWELVE (12) UNITS PER ACRE TO SIXTEEN (16) UNITS PER ACRE, AND TO INCREASE THE MAXIMUM ALLOWED BUILDING HEIGHT FROM 2 1/2 STORIES TO 3 STORIES, FOR 11.92 ACRES OF LAND LOCATED ON THE SOUTHEAST CORNER OF BERNARD AND COLLINS STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2, 000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Biles seconded to adopt the ordinance. On roll voteMiller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberr"aye". Motion carried unanimously. The Council considered Item 11B. 11. Resolutions B. The Council considered approval of a resolution naming the multi-purpose room at the Martin Luther King Jr. Recreational Center. (The Parks and Recreation Board recommended approval.) Janet Simpson, Superintendent of Leisure services, stated that the Parks and Recreation Department, with the recommendation of the Parks and Recreation Board, was requesting that the Council name the multi-purpose room at the Martin Luther King, Jr. Recreation Center the "Olivia M. Ammons" room. Cloride Branch who donated $120000 towards the construction ofe the Recreation Center in 1986. This request also had the support of many others in the community. The following resolution was considered: NO. R96-015 A RESOLUTION OF THE CITY OF DENTON NAMING THE MULTI-PURPOSE ROOM IN THE MARTIN L. KING, JR. RECREATION CENTER; AND DECLARING AN EFFECTIVE DATE. City of Denton City Council Minutes Agenda No, -O q March 19, 1996 A~endm llem Page 12 Do,# --5- '1- 43 La Young motioned, Cott seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. Variances A. The council considered variances to Sections 34-114(5) [perimeter paving], 34-114(17) [sidewalks] and 34-012(e) [drainage design standards] of the Code of ordinances, regarding Ganzer Estates. The 117.049-acre site was located directly southeast of the intersection of Ganzer and Barthold Roads, in Denton's extraterritorial jurisdiction. (The Planning & Zoning commission recommended approval of the three variances on 2/28/96 by a 5-0 vote.) Harry Persuad, Senior Planner, stated that the Planning and Zoning Commission voted 5-0 to recommend the preliminary and final plat of this proposal conditioned upon Council's approval of three associated variances. The Subdivision regulations required that the developer install sidewalks on the frontages of Ganzer and Barthold Roads. A variance was also requested for the perimeter street paving and the installation of three drainage channels across the property. The developer was proposing to leave a natural drainage rather than a hard drainage channel. Council Member Cott asked if it would be possible to develop the lots into smaller lots. Persuad replied that it would be possible but not for many years. Council Member Cott expressed concern with the drainage. He suggested more information concerning this variance and was against any drainage variations at this point in time. Council Member Krueger asked if the variances would be as easy if the proposal was inside the City limits rather than in the ETJ. Persuad stated that the fact that the tract was outside the City limits with large lots, the impact of flooding would not be an inconvenience as the lots were large and the homes could be built on the higher locations. If located inside the City limits, the impact would have been greater for flooding, staff might not have recommended approval. Young motioned, Brock seconded to approve the variances. On roll vote, Miller "aye", Young "aye", Cott "nay", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye", Motion carried with a 6-1 vote. M 1 F City of Denton City Council Minutes March 3.9, 1996 Agifidi #0. Page 13 b ~d Idm _ Dald 8. Consent Agenda ' Biless motioned, Cott seconded to approve the Consent Agenda. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. Bids and Purchase Orders: 1. Bid #1864 - SCADA-Mate Motor Operated Switch 2. Bid 01876 - PVC Conduit and Accessories 3. Bid 01877 - Distribution Transformer 4. Bid 11879 - Pole Inspection and Treatment 5. Bid 01858 - Reroofing at Central Fire Station 6. P.O. 060409 - Covey Leadership Center 7. Check Request - First Southwest Company B. Interlocal Agreements 1. City of Corinth - Impoundment and Disposition of Dogs and Cats C. Tax Refunds 1. Lief G. Haag, $940.40 2. Southwest Land Title, $520.63 3. Donald J. & Linda Jo Carter, $641.31 4. Donald J. & Linda Jo Carter, $667.94 9. Consent Agenda Ordinances The Council considered the Consent Agenda Ordinances 9A. - 9E. Biles motioned, Young seconded to adopt the ordinances. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. A. NO. 96-060 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. (8.A.1. - Bid 018641 8.A.2. - Bid 01876, 8.A.3. - Bid 11877, 8.A.4. - 01879) B. NO. 96-061 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. (8.A.5. - Bid 01858) i F City of Denton City Council Minutes IlyBfsdi pyt~'~ March 19, 1996 Aoinde Item Page 14 bai! ` C. NO. 96-062 AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR THE PURCHASE 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. (8.A.6. - P.O. 160409) D. NO. 96-063 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR FEES TO FIRST SOUTHWEST COMPANY; AND PROVIDING AN EFFECTIVE DATE. (8.A.7) E. NO. 96-064 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF CORINTH FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. (8.B.1.) 10. Ordinances A. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue Certificates of Obligation. Harlan Jefferson, Director of Treasury Operations, stated this ordinance provided for the publication of the notice of intent to sell certificates of obligations in the amount of $5,190,000. The actual sale date would be May 7th. The certificates of obligation would fund two different areas. The first would be City Hall renovations in the amount of $190,000. The second would be landfill development in the amount of $5,000,000. Both of these items were in the 1996-2000 CIP program which was approved by council. Council Member Krueger stated this was not approved by the voters in the CIP election. Acting City Manager Svehla replied that the $190,000 was not voted on by the voters but was recommended by the CIP Committee and was approved by council. Council Member Krueger asked how long the certificates of obligation would be issued. Jefferson stated that the $190,0000 was a ten year pay back period and the other was for twenty years. 0 F City of Denton City Council Minutes Aoen¢~ ^ O! March 19, 1996 A~AI}dA Item Page 15 DzIA Council Member Krueger asked if that was a standard operating procedure for certificates of obligation. Jefferson stated that the normal pay back schedule was not longer than the existing life of the purchased item. Council Member Krueger asked why it was not included in the CIP bond package. Acting City Manager Svehla stated that it was the recommendation of the CIP Committee. Their discussion with Council indicated that the certificates would be more appropriate Oue to the shorter life. Council Member Krueger stated that he had a specific philosophical difference between general obligation bonds, which were approved by the voters and certificates of obligation which, in his oPinion circumvented the process a of bond package. The voters did not approve this $5 million purchase. Kathy DuBose, Executive Director for Finance, stated that the $5 million for the landfill was from the sanitation funds. Taxes would not be used to pay those back. That would come from revenues. Revenue bonds did not go to voters nor did certificates of obligation. The bonds would be repaid with revenues and not with taxes. The following ordinance was considered: NO. 96-065 AN ORDINANCE DIRECTING THE PUBLICATION OF NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION OF THE CITY OF DENTON; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "nay", Cott "nay", Krueger "nay", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried with a 4-3 vote. B. The Council considered adoption of an ordinance directing the issuance and publication of Notice of Sale of City of Denton General obligation bonds. Harlan Jefferson, Director of Treasury operations, stated that this ordinance provided for the publication of the notice of sale of general obligation bonds in the amount of $2,515,000. The voters approved these bonds and the sale would occur on May 7th. The money would be used in the areas of streets and transportation for $1.5 million, drainage for $715,000 and parks and recreation for $300,000. These items were approved in the CIP program. M y i City of Denton City Council Minutes Q March 19, 1996 Aoirt~r ~U 1 Page 16 Ap~ndp Itrt Dale The following ordinance was considered: NO. 96-066 ' AN ORDINANCE DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF CITY OF DENTON GENERAL OBLIGATION BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Krueger seconded to adopt the ordinance. On roll vote, Miller "aye", Young "ayell, Cott "aye", Krueger Faye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. C. The Council considered adoption of an ordinance directing the publication of Notice of Intention to issue City of Denton Utility System Revenue Bonds, and directing the issuance and publication of notice of sale of said bonds. Harlan Jefferson, Director of Treasury Operations, stated that this ordinance provided for the notice of publication of the sale of revenue bonds in the amount of $2,750,000. The following ordinance was considered: NO. 96-067 AN ORDINANCE DIRECTING THE PUBLICATION Of, NOTICE OF INTENTION TO ISSUE CITY OF DENTON UTILITY SYSTEM REVENUE BONDS, AND DIRECTING THE ISSUANCE AND PUBLICATION OF NOTICE OF SALE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger flaye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. D. The Council considered adoption of an ordinance annexing a tract comprising 11.34 acres, located east of Mayhill Road and north of Blagg Road; and temporarily classifying the annexed property as "A", Agricultural District. (A-69) (The Planning & Zoning commission recommended approval [6-0].) Harry Persuad, Senior Planner, stated that this annexation was started last November. Public hearings were held by the Council and the Planning and Zoning Commission. This tract was located east of Mayhill Road and north of Blagg Road. Council Member Young asked about private residences in the area. Persuad stated that there were six homes and one mobile home. F r, City of Denton City Council Minutes Agenda No, ' o f 1 March 19, 1996 Paae 17 Agenda' em Data ~ ~.e Council Member Young asked if they had city water and sewer. Persuad replied no that they had individual septic tanks and water wells. Council Member Young asked if those individuals were in favor or against the annexation. Persuad stated that at the public hearings only one property owner appeared at the Planning and Zoning commission meeting to speak in favor of the annexation. There were no other comments by residents. Council Member Young asked if the area could be considered as a candidate for the infill services. Persuad replied that when Council adopted an infill policy, all these areas would be considered and prioritized by needs. The following ordinance was considered: NO. 96-068 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 11.34 ACES, LOCATED EAST OF MAYHILL ROAD AND NORTH OF BLAGG ROAD; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Miller seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. E. The Council considered adoption of an ordinance annexing a tract comprising 21.62 acres located on the Estates of Forrestridge Section II; and temporarily classifying the annexed property as "A", Agricultural District. (A-70) (The Planning & Zoning commission recommended approval 6-0). Harry Persuad, Senior Planner, stated that the City received a petition from the land owners to be annexed into City. The following ordinance was considered: NO. 96-069 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 21.62 ACRES LOCATED IN THE ESTATES OF FORRESTRIDGE SECTION II; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS F r; City of Denton city council Minutes Agenda 140. March 19, 1996 Agenda Item Page 18 Date A t?-~M "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles 'laye", and Mayor Castleberry "aye". Motion carried unanimously. F. The Council considered adoption of an ordinance annexing a tract comprising 34.78 acres, located in the clear zone south of the existing runway in the vicinity of the Denton Municipal Airport; and temporarily classifying the annexed property as 'tA", Agricultural District. (A-71). (The Planning & Zoning commission recommended approval (6-0].) Harry Persuad, Senior Planner, stated that this area was owned by the City in the vicinity of the Municipal Airport. The following ordinance was considered: NO. 96-070 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT COMPRISING 34.78 ACRES, LOCATED IN THE CLEAR ZONE SOUTH OF THE EXISTING RUNWAY IN THE VICINITY OF THE DENTON MUNICIPAL AIRPORT; TEMPORARILY CLASSIFYING THE ANNEXED PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. On roll vote, Miller 'lays", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. G. The Council considered adoption of an ordinance authorizing the City Manager to enter into that first amendment to the professional services agreement with Resource Management International ( RMF ) (Public Utilities Board recommended approval.) Bob Nelson, Executive Director for Utilities, stated that with the deregulations taking place in the electric industry there was a need for professional services to deal with those deregulations. This amendment would increase the existing contract by $15,000. The following ordinance was considered: J City of Denton City Council Minutes A91ndlkd, March 19, 1996 Page 19 AQendllllm 0111 ~ NO. 96-071 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO ENTER INTO THAT FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT INTERNATIONAL, INC. ("RMI"); AND PROVIDING AN EFFECTIVE DATE. Cott motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. H. The council considered adoption of an ordinance authorizing the City Manager to execute an agreement with Freese and Nichols, Inc. for professional engineering services relating to the preparation of the Cooper Creek Regional Detention Study and the Pecan Creek Tributary PEC-4 Channel Improvement Study. Acting City Manager Svehla stated that in January of this year the City accepted a grant from the Texas Water Development Board for the study of Cooper Creek and the tributary of Pecan Creek. This was a contract with Freese and Nichols to do the actual study. The funding was split between the Water Development Board and the City. The following ordinance was considered: NO. 96-072 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC. FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE PREPARATION OF THE COOPER CREEK REGIONAL DETENTION STUDY AND THE PECAN CREEK TRIBUTARY PED-4 CHANNEL IMPROVEMENT STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Brock seconded to adopt the ordinance. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 11. Resolutions A. The Council considered approval of a resolution establishing a Development Policy Committee to make recommendations concerning the update of the Denton Development Plan; appointing members to that committee; appointing a chairperson of the committee; and setting forth the duties and term of the committee. The following resolution was considered: v r I City of Denton City Council Minutes Aol March 19, 1996 AwPage 20 AdenNO. R96-014 A RESOLUTION OF THE CITY OF DENTON ESTABLISHING A DEVELOPMENT POLICY COMMITTEE TO MAKE RECOMMENDATIONS CONCERNING THE UPDATE ' OF THE DENTON DEVELOPMENT PLAN; APPOINTING MEMBERS TO THAT COMMITTEE; APPOINTING A CHAIRPERSON OF THE COMMITTEE; SETTING FORTH THE DUTIES AND TERM OF THE COMMITTEE; AND PROVIDING AN EFFECTIVE DATE. Young motioned, Krueger seconded to approve the resolution. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 12. The Council considered appointments to the Downtown Advisory Board, Traffic Safety Commission, and the Cable TV Advisory Board. Council Member Cott nominated Joanna Deonath to the Downtown Advisory Board. Greg Sawko was nominated to the Traffic Safety Commission at the last meeting. On roll vote, Miller "aye", Young "aye", Cott $'aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. Council Member Young nominated L. T. Hensley to the Cable T. V. Advisory Board. 13. Vision Update There was no report at this time. 14. Miscellaneous matters from the City Manager. A. The Council received a report and held a discussion regarding the 1996-97 Budget calendar and gave staff direction. ion Fortune, Chief Finance officer, pointed out important dates from the calendar which was included in the agenda back-up materials. Staff was proposing a two day session for budget presentations by staff rather than holding them over the course of several Council meetings. Consensus of the Council was to proceed as proposed. 15. There was no official action taken on Closed Meeting items discussed during the earlier Closed Meeting. 16. New Business The following items of New Business were suggested by Council IMQ Jµ~ Y, City of Denton City Council Minutes ~OIQ March 19, 1996 AphOd Nip. Page 21 Agen4 Item DeteI LO r 16. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Young requested that a pile of trash on Prairie and Sycamore be moved from the bar ditch in that area. There was also a need for more trash barrels in Fred Moore Park. B. Mayor Pro Tem Biles requested that the City Attorney prepare a lease extension for the Chamber property. 17. The Council convened into a continuation of the 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 With no further business, the meeting was adjourned. BOB CASTLEB£RRY, MAYOR CITY OF DENTON, TEXAS I JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002F5 1 u K CITY OF DENTON CITY COUNCIL MINUTES AAenADentla No No.. (a . March 26, 1996 Date S- ~ " G}. L:e The Council convened into a work Session on Tuesday, March 26, 1996 at 5:15 p.m. in the City Council Chambers. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members Brock, Miller and Young. ABSENT: Council Members Krueger and Cott 1. The Council received a report, held a discussion and gave staff direction regarding the results of the Citizen Survey. Dr. Jim Glass, Director of the Survey Research Center-University of North Texas, stated that 402 residents of the City of Denton were interviewed during the month of January. 85% of those interviewed rated Denton as an excellent or a good place to live. 96% rated the library as excellent or good. There was a high level of satisfaction of the park facilities. The majority of people found that electric, water and utility rates were acceptable given the quality of services given. 89% indicated that solid waste services were acceptable. There was a satisfaction level with service and rates. 50% of those interviewed were willing to pay more fees for curb side recycling. 38% felt that the City's roads had improved and 42% felt the roads had stayed the same. 501 of those interviewed had contacted City officials in the past year, with 95% responding that their contact had been courteous. Council Members Cott and Krueger joined the meeting. Mayor Castleberry asked if the City, as a whole, received an "A or A+". Glass replied that he could not answer that. It was hard to compare Denton to another community. It was good to repeat this survey every couple of years. The overall responses were good for the City. Council Member Brock felt that 50% contact with someone with the City was a high percentage. Glass replied that between 40-50% was an average figure. This contact was for any reason and not necessarily for something wrong. Council Member Young asked about the viewing of the Council meetings on cable television. Glass replied that there was not a high percentage of regular viewers. Of the people who watched the channel, 80% watched occasionally. There was no basis of comparison from previous years. Mayor Castleberry stated that these results were quite an improvement over the last survey. V y u r City of Denton City Council Minutes March 26, 1996 Agenda No. S =Cgl Page 2 Agenda item Date. .6 r) - q 2. The Council held a discussion and considered participation in the Lewisville Environmental Enhancement Project. Howard Martin, Director of Environmental Services, stated that staff was seeking the Council's consensus to move ahead with a feasibility study on a Lewisville Environmental Enhancement Project. This project had been before the Council on several occasions and was to be done in conjunction with the Greenbelt Corridor. This project was made possible through the Water Resource Development Act of 1986 and pxovided for 75% of the projects costs to be paid by the Federal government. The project was located in the upper flood control pool of Lewisville and represented 2,400 acres of Corps owned property. Of that acreage, 250 acres were affected by the proposed project. This project would be adjacent and downstream of the Greenbelt Corridor. The project was divided into three components. Component A consisted of 25 acres of wetlands, 15 acres of grass land restoration and 100 acres of emergent wetland vegetation restoration. Component B consisted of 15 acres of an abandoned strip mine which would be reclaimed. Component C was the construction of 75 acres of wetland. The primary purpose of the project was for restoration of wildlife habitat. It was anticipated that the project would cost $800,000 with 75% of that to be paid by the Federal government and 25$ by the City of Denton. At this point, staff was asking to move forward with a feasibility study only. There were no costs to the city at this point in time. The purpose of the study would be to identify, in greater detail, the costs associated with the construction of the project. Only after the study was done and staff returned to Council with the results of the study, would there be a request to participate in the construction of the p roject. Another important component was that the non-Federal sponsor would responsible ce of this area. siThe Public 00 Utilities the B ar darequested staff to solicit interest in the project. The University of North Texas indicated that they would provide in-kind services for the program. The University would provide on-going operation and maintenance of the area in cooperation with research cooperatives they had. Mayor Pro Tem Biles stated that the University's cooperation would only be for the operation and maintenance and the in-kind services which they were providing could not be applied to the $200,000 costs. Martin replied that there was a possibility that the in-kind services could be used on that part also but only after the details of the project were known. There was a possibility that it could offset some of the costs. Mayor Pro Tem Biles asked for the cost of the feasibility study. F Gti City of Denton City Council Minutes March 26, 1996 Aginds No. / ©1 Page 3 Agenda Item Date_6- ^ Martin replied that there would be no cost on the feasibility cost to the City of Denton unless the City decided to move into the construction of the project and then it would represent approximately 1% of the project. Council Member Cott asked if there were partners with this project similar to other Lake Lewisville projects. Martin replied that this project was a group of approximately 8-9 universities. Council Member Cott asked how Dallas felt about this project. Martin replied that Dallas was not a participating partner in this part of the project. Dallas was only a partner in the Greenbelt Corridor. This was a separate project from the Greenbelt Corridor. Council Member Brock asked if Lewisville had been contacted to be in the project. Martin replied that Lewisville was currently participating in a Lake Lewisville Environmental Learning Area and was not interested in participating outside of that area. Staff had contacted a number of other organizations to see if they would be interested in the project. Some were willing to provide volunteer labor but the university of North Texas was the only entity willing to participate. Consensus of the Council was to proceed with the feasibility study. 3. The Council received a report, held a discussion and gave staff direction regarding funding alternatives for replacing the Job Partnership Training Act (JTPA) program in the city of Denton. Tom Klinck, Director of Human Resources, stated that at the February 23rd meeting, Council studied the JTPA program. The City had historically been a strong participant in this project. Mayor Pro Tem Biles left the meeting. Klinck continued that the North Texas Education and Training Co-op had provided a proposal for alternative funding. The proposal involved 40 students for 10 weeks at 40 hours per week. Proposed funding for the program was included in the agenda back-up materials. Council Member Cott asked how the students were chosen. Klinck stated that there was a specific eligibility criteria which was outlined in the program. t i r f J City of Denton City Council Minutes Agenda No_iL::O~ March 26, 1996 Page 4 Agenda iten Date Council Member Miller stated that there was an outside possibility that Congress would fund the program for the summer. The Senate had approved a $635 million expenditure which was 75% of last year's level. Mayor Pro Tem Biles returned to the meeting. Council Member Miller continued that the House had not approved the funding. Until Congress approved a final continuing resolution, it was not known if there would be funding. The Co-op proposal was the worse case scenario. He felt that the proposal showed that the City was concerned for the young people of the community. These were at-risk youths who learned the ethics of the work force. There was also an effort to get the private sector to participate in the project. Council Member Young wanted to see the City participate in the program. There was a need to be ready to put the City's program into effect if the Federal funding failed. He recommended to continue to allocate the funds for the program. Acting City Manager Svehla stated that this was the worse case scenario and that it was important to proceed as soon as possible so as to work out a formal agreement with the JTPA agency to start the program when the students were out of school. Council Member Brock stated that these were expenses that were not anticipated. She asked what kind of funding would be available until the last three months of the fiscal year. Kathy DuBose, Executive Director for Finance, stated that until budget adjustments could be done, contingency funds would have to be used. Funds could not be transferred across agency lines until July. When the program began, the funds would be absorbed until the transfer of the funds. Mayor Pro Tem Biles stated that if the contingency funds were used, would those funds be replenished after the budget allocations. DuBose replied yes. Mayor Pro Tem Biles asked that if the Federal dollars were at the 75% funding level, would the City experience a shortfall in other areas of the budget and would the contingency fund have to be used to cover those loses. DuBose stated that any of those issues which would have a financial impact would be brought individually to the Council to make that decision. I F y City of Denton City Council Minutes Agenda No_q14."© March 26, 1996 Agenda Iterr, Page 5 Date Council Member Cott stated that this was the third year this same discussion had been made. He felt there was a need to begin to get a private industry program to take over the program. He did not understand why the government had to be involved as the employer of last resort. He hoped the program would go into Denton0s private industry next year. Young motioned, Miller seconded to proceed and fund the proposal. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 4. The Council received a report and held a discussion regarding contract revision procedures/change orders to contracts. Acting City Manager Svehla stated that several meetings ago council had a concern about change orders for Council consideration. A memorandum detailing the changes to the procedure in order to keep Council aware of change orders was included in the agenda back-up materials. The City Manager had the authority to process change orders up to $15,000. Staff would be using the weekly communication to inform council about change orders. Council Member Krueger stated that his concern was not about the amount of the change order but rather the timeliness of the communication. He was comfortable with the present amount but did want to be notified about the changes. Acting City Manager Svehla stated that the new procedure should correct that situation. Mayor Pro Tem. Biles stated that his concern was the Council might not have approved the original contract if it knew the scope would be changing at a later date. Council Member Krueger left the meeting. Mayor Pro Tem Biles continued that he felt it was necessary to hold the line at 15% at this point in time. Council Member Miller suggested keeping this open until more information was received. There were large contracts which might need to get the work done quickly. It might be more costly to delay approval of a change order than to proceed with it quickly. Consensus of the Council was to not change the current policy. 5. The Council received a report, held a discussion and gave staff direction regarding the renovation of the American Legion Building in Fred Moore Park. °J C i Y City of Denton City Council Minutes March 26, 1996 Agentla Flo.% 0-d Page 6 Agenda Item ~a, Date-61 n - 0 (-.e Ed Hodney, Director of Parks and Recreation, stated that in 1994 Council approved $100,000 in CDBG funds to renovate the American Legion Building. One specific objective for the renovation was to create a facility to serve as a dedicated space for the American Legion and for the Senior population in southeast Denton. A second objective was for additional meeting space for the community and to restore the deterioration of the building. Russell Bates was hired as the architect to design the building. Plans and specifications were advertised in December of 1998 and opened in January of 1996. The lowest bid received was still higher than the amount of money allocated for the project. A decision was made to reissue tho bids after revising the plans. The second set of bids came in in February but were still higher than the amount available for the project. Council Member Krueger returned to the meeting. Hodney presented options available for the reconstruction. Option fl was the "no build" option. option 12 was to allocate additional funds, probably from the CDBG program, to build the facility as it was currently designed. In consideration of the renovation and use of additional funds, Council might want to refer this matter to the Community Development Advisory Committee. Option 03A was to construct new space either in Fred Moore Park or at another location probably adjacent to the MLK Center. One problem with this option was that new construction dollars were higher than renovation dollars which would reduce the space of the building. It was possible to buy a prefabricated building. Option 13B would be to design and build a physical attachment to the MLK Center. This option would be very costly with a minimal amount of square footage. It was felt that unless additional funding was provided, the building should be taken down. Council Member Miller asked that if option 02 was chosen, would the building be adequate for the renovations discussed. Hodney stated that it was his understanding that with the renovation as designed the building would be structurally sound. On March 12th, staff consulted with citizens in the area NICE, Thergroupsnasked to Seniors the in funding increased and to renovateithe existing building. The current low bidder would extend his prices for another 30 days. Mayor Pro Tem Biles stated that option 12 had a cost of $120,000 but of the four options that was the second to the lowest per foot cost and was less than half of the cost of new construction or an addition to the MLK Center. He preferred Option 12 as the building had a place in the area history and evidenced an earlier cooperation between the City and other entities. a P r' City of Denton City Council Minutes March 26, 1996 Apende No, Page 7 Agenda Item Zhu Date -5'_'~ 9 D Council Member Cott asked about a partial fundraiser for the project. ' Hodney stated that that suggestion was raised during the March 12th meeting. The concern was that there were many projects going on in the area at this point in time. Council Member Young stated that the building had been used for various functions over the years and had sentimental value to the residents of southeast Denton. The people in the area wanted the building renovated. He was in favor of proceeding to designate the additional funds and start the project as soon as possible. Mayor Castleberry stated that the building was owned by the city of Denton and was leased to the American Legion. Council Member Brock agreed with the historical significance of the building. The other options were not feasible with the per footage costs. She felt it would be good to preserve this building for history. Council Member Miller supported Option 12. He questioned whether this needed to be referred to the Community Development Advisory Committee. Acting City Manager Svehla stated that technically the Council could move ahead with the project. It had been past practice to have the Committee review any excess funding and receive a recommendation from the Committee. Barbara Ross, Community Development Coordinator, stated that the committee would be happy to consider the proposal and give council a recommendation if desired. She did know that the council could move funds if they so wanted. Council Member Krueger suggested structuring a small fee for use of the building to help pay for the structure. If it was a community building, then the community should pay for it. Council Member Miller asked if there was a similar fee charged in the other city buildings. Council Member Krueger replied yes that there was a fee in all other facilities. This building would help the community and the community could help the City with the project. Biles motioned, Young seconded to move forward with Option 02. on roll Brock vote, Miller "aye,,,~' carried unanimously Young "aye", Cott "aye", Krueger $'aye", Y Biles aye and Mayor Castleberry "aye". Motion . E City of Benton City Council Minutes hplnda No31q-~1- March 26, 1996 Page 8 Agenda tte - Date 6. The Council received a report, held a discussion and gave staff direction regarding amendments to the Council's Rules and Procedures relating to the Agenda Committee and speaker time for Citizen Reports. Herb Prouty, City Attorney, stated that this amendment would clarify the speaker time limits and clarify the procedure for ! agenda review. It would establish a three person agenda committee, impose a five minute time limit for citizen reports and public hearings and a three minute time limit for all other presentations on an agenda. It would carryover the other restrictions such as not speaking on a work session unless the Mayor approved such. An additional amendment would be no right to speak on a Consent Agenda item unless it was removed from the Consent Agenda by a Council Member and there would be no right to speak on another citizen's report on the same agenda. Cott motioned, Young seconded to proceed with the amendments. Council Member Miller suggested changing the wording in Section 6.4 to indicate that debate among citizens regarding citizens reports would be not permitted rather than discouraged. Mayor Castleberry asked if the changes to the Consent Agenda would restrict or delay an item that Council wanted to pull or that citizens had questions about. City Attorney Prouty stated no but that citizens would not have the right to speak on Consent Agenda items. If they wanted to do so, a Council Member would have to pull that item to put on the regular agenda. Council Member Miller stated that it would defeat the purpose of the Consent Agenda if a citizen were allowed to speak on the Consent Agenda. If a citizen could pull the item, it would defeat the purpose of the Consent Agenda. Mayor Pro Tem Biles suggested totally deleting the sentence Council Member Miller suggested amending. Council Member Cott agreed to the change to his motion as did Council Member Young to his second. on roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. 7. The Council received a report, held a discussion and gave staff direction regarding an ordinance authorizing the Mayor to execute a second addendum to the lease with the Chamber of commerce extending the lease for an additional 25 years for a consideration 4 I{Y! F City of Denton city council minutes Q March 26, 1996 Agenda No. 96 D Page 9 A;enda Ilem Date of $1.00 per year. City Attorney Prouty, stated that this was a simple amendment to the current Chamber lease for the Chamber building and property. The Chamber was planning to raise a significant amount of money to renovate the existing building and improve the adjacent property. To extend the lease from 2023 to 2048 would improve the Chamber's ability to receive favorable financing. The only other change was that since the property was slated to be significantly improved and probably would go up in value, the insurance clause was changed to make sure the full value of the property was covered by insurance. At the end of the lease the property became City of Denton property. Biles motioned, Krueger seconded to proceed with the amendment. On roll vote, Miller "aye", Young "aye", Cott "aye", Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned at 6:55 p.m. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC002F9 `rr Agenda No. ^d~ q Agenda 1 em CITY OF DENTON CITY COUNCIL MINUTES Date MARCH 27, 1996 The Council convened into a Closed Meeting on Wednesday, March 27, 1996 at the Radisson Hotel, Denton, Texas. PRESENT: Mayor Castleberry; Mayor Pro Tem Biles; Council Members ' Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The council considered the following in a Closed Meeting: A. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Discussed the appointment and evaluated the applicants for the position of City Manager. No official action was taken. Following the completion of the Closed Meeting, the Council attended a reception for the finalists for the position of City Manager at the Radisson Hotel, Denton, Texas. The Council then reconvened into a closed Meeting at 7:00 p.m. at the Radisson Hotel, Denton, Texas to discuss the following: A. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Interviewed and evaluated the final applicants for the position of City Manager. No official action was taken. With no further business, the meeting was adjourned. BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0306 Agenda N0. " d ] Adlnda Sem OW cl CITY OF DENTON CITY COUNCIL MINUTES March 29, 1996 The Council convened into a Closed Meeting on Friday, March 29, 1996 at 7:30 a.m. in City Hall. PRESENT: Mayor Castleberry; Mayor Pro Tam Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council considered the following in Closed Meeting: A. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. Conducted individual Council interviews and evaluation of the final applicants for the position of City Manager. No official action was taken. The Council reconvened into Closed Meeting on Friday, March 29, 1996 at 1:00 p.m. in the Human Resources Conference Room, 601 East Hickory, Suite A, Denton, Texas. PRESENT: Mayor Castleberry; Mayor Pro Tam Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. Closed Meeting: A. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 1. The Council conducted a panel interview and evaluation of the final applicants for the position of City Manager. No official action was taken. Following the completion of the Closed Meeting, the Council convened into a Special Called Session. PRESENT: Mayor Castleberry; Mayor Pro Tam Biles; Council Members Brock, Cott, Krueger, Miller and Young. ABSENT: None 1. The Council took action on Closed Meeting item concerning the final applicants for the position of City Manager. a a Agenda No. Agenda Item City of Denton City Council Minutes tlate March 29, 1996 Page 2 Biles motioned, Young seconded that the City Council authorize Mr. Jerry Oldani to proceed with the instructions and actions of the City Council concerning the selection of a City Manager as discussed in Closed Meeting. on roll vote, Miller Playe", Young "aye", Cott "ayeff, Krueger "aye", Brock "aye", Biles "aye", and Mayor Castleberry "aye". Motion carried unanimously. With no further business, the meeting was adjourned. 1 BOB CASTLEBERRY, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS ih CITY SECRETARY CITY OF DENTON, TEXAS ACC00306 ft; fi»~ IS Apenda Ho. f b --01 . Agenda Isom Date_ CITY OFDENTON, TEX48 _ MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 566-8307 Ofece of the City Manager CITY COUNCIL REPORT F TO. Mayor and Members of the City Council FROM., Rick Svehla, Acting City Manager DATE: May 7, 1996 SUBJECT: Request For Exception to the Noise Ordinance for the Wedding Reception of Anthony Duncan and Retia Dixon on Saturday, July 27, 1996, until 12:00 a.m. BACKGROUND Anthony Duncan and Retia Dixon have requested that the City Council grant an exception to the noise ordinance for the use of amplified sound for their wedding reception until 12:00 a.m. on Saturday, July 27, 1996, at the North Texas Fairgrounds (Attachment 1). As you know, the noise ordinance declares loudspeakers, amplifiers, and musical instruments a noise nuisance, particularly after 10:00 p.m. Monday through Saturday and anytime on Sunday (Attachment 2). The ordinance does, however, provide that the City Council may make exceptions when the public interest is served. PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: Area Businesses and Residents. Fiscal Impact: None. 'Dedicated to Quality Service" b rf! ksY F A Agenda No. `Ol Agend Item Dater --f- ~ Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: ick v a Acting City Manager Prepared By: Veronica S. Rolen Administrative Assistant II Approved By: Jos h Portugal Assistant to the C y Manager Attachments: 1. Request from Anthony Duncan and Retia Dixon 2. Noise Ordinance b .Y it 4Y♦~ ~a 415• x r, e Alto 00 MVi,T~ 0 Agind# m Date9.~ April 23, 1996 Anthony Duncan and Retia Dixon 2007 Teasley Ln Apt# 103 Denton,Tx 76205 Attendant: Veronica Rolen City of U enton Denton, Tx 76205 Dear City Council Members: We are writng you to request a grant of exception for a noise ordinance permit for our wedding reception. The reception will be held on Saturday July 27, 1996 in one of the buildings at the Fair Ground located on Carrol Blvd. The reception will be held from 8:00 p.m. to 12:00 a.m. We would be very thankful for the permit. Thank you Anthony Duncan and Retia Dixon 44" LAO', a L Agenda No. Agenda em Chapter 20 Date _ NUISANCES' An. I. In General, It 20.1-20.90 Art. II. Abandoned Property, if 20.31-20.70 Div. 1. Generally, if 20.31-20.40 Div. 2. Motor Vehicles, If 20.41-20.70 Art. M. Grass and Weeds, if 20.71-20.73 ARTICLE I. IN GENERAL See. 20.1. Noise. (a) It shall be unlawful for any person to make or cause any unreasonably loud, dis- turbing, unnecessary noise which causes or may cause material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. gib) It shall be unlawful for any person to make or cause any noise of such character, intensity and continued duration as to substantially interfere with the comfortable enjoyment of private homes by persons of ordinary sensibilities. fc) The following acts, among others, are declared to be noise nuisances in violation of this Code, but such enumeration shall not be deemed to be exclusive: (D The playing of any phonograph, television, radio or any musical instrument in such manner or with ouch volume, particularly between the hours of 10;00 p.m. and 7.00 a.m., as to annoy or disturb the quiet, comfort or repose of persons of ordinary aen- sibilities in any dwelling, hotel or other type or residence; 4) The use of any stationary loudspeaker, amplifier or musical instrument in such manner or with such volume se to annoy or disturb persons of ordinary sensibilities in the immediate vicinity thereof, particularly between the hours of 10:00 p.m. and 7 00 a.m., or the operation of such loudspeaker, amplifier or musical instrument at any time on Sunday', provided, however, that the city cound may make exceptions upon appiioadon when the public interest wilbbe served thereby; (3) The blowing of any d4sm whistle attached to any stationary boiler or the blowing of any other loud or far-reaching steam whistle within the city limits, except to give notice of the time to begin or stop work or as a warning of danger, (4) The erection, excavation, demolition, alteration or repair work on any building at any time other tha,a between the hours of 7.00 A.M. and 8:30 p.m., Monday through 'Croce refeseneea-'Protected migratory bird roasts declared nuisance, i 8$7; inspectio n and abatement warrant% 11946 et seq.; insect and rodent control in mobile home and rec• reational vehicle parka, i 32.91. Sups, No. t 1389 G S F c 120-1. DENTON CODE Agenda No. ` Agenda I Date._7~ (R Saturday; provided, however, that the city council may issue special permits for such work at other hours in case of urgent necessity and in the interest of public safety and convenience; (S) The creation of any loud and excessive noise in connection with the loading or un- loading of any vehicle or the opening or destruction of Dales, box", crates or eon. tainers; (61 The use of any drum, loudspeaker or other instrument or device for the purpose of attracting attention by the creation of noises to any performance, show, theatre, motion picture house, sale of merchandise or display which causes crowds or people to block or congregate upon the sidewalks or streets near or adjacent thereto. (Code 1966, it 14.20, 14-21) Crop reference-Animal noise, 16.26. Sec. 20.2. Odors. ' (a) It shall bf unliwtW for any person to create or cause any unreasonably noxious, unpleasant or strong odor which causes material distress, discomfort or injury to persons of ordinary sensibilities in the immediate vicinity thereof. (b) It shall be unkawfW for any person to create or cause any odor, stench or smell of such character, strength or continued duration as to substantially interfere with the comfortable t enjoyment of private homes by persona of ordinary sensibilities. (c) The following acts or conditions, among others, are declared to be odor nuisances in violation of this Code, but such enumeration shall not be doomed to be exclusive.. (I) Offensive odors from cow lots, hog pens, fowl coops and other similar places where animals are kept or fed which disturb the comfort and repo" of parsons of ordinary sensibilities; (2) Offensive odors mom privies and other similar places; (3) Offensive odors prom the use or possession of chemicals or from industrW processes or activities which disturb the comfort and repow of persons of ordinary sensibilities; (4) Offensive odors born smoke from the burning of trash, rubbish, rubber, chemicals or other things or substanoss; (S) Offeadve odors hvm stagnant pools allowed to remain on any premises or from rotting prbags, refU^ offal or dead animals on any premi (Code 1966, H 14-22, 14.23) ' Sec. 2043. Gulsoje, trash and rabbfsh nusis moss-Generallr. (a) Storing or heaping gorbop, brook and rubbish. The storing at keeping of any and all stacks, heaps at piles of old lumbar, refuse, junk old an or machinery or parts thersof, garbage, trash, rubbish, wasp msterW, ruins, demolished or patty damollshed dnwtures or buildings, piles of stones, bricks or broken rocks on any premises bordering any public street Supp. No. 1 1390 a r; Agenda No. - / Agenda Item Dais - 7- DATE: May 7, 1996 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Hold a public hearing and consider an ordinance rezoning 5.0 acres from the Agricultural (A) zoning district to the Commercial Conditioned (C[c]) zoning district. The subject property is located on the west side of f-35, approximately 200 north of Rector Road. RECOMMENn Ti N: The Planning and Zoning Commission recommends approval of the request, six in favor, none opposed (6-0). MMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Not applicable. FISCAL IMPACT: None. Respectfully submitted: Ric 4Svee AZ?--- Acting City Manager E 1` G I r Agenda ND,.~ Agenda ltem Date Prepared by: AM er E. Reeves, Jr. Urban Planner Approved: rank Robbins, AICP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes of the April 10, 1996, P & 2 meeting. r- ATTACHMENT 1 nn -l PLANNING AND ZONING COMMISSION REP#~~a It~m~ C To: City Council From: Planning and Zoning Commission Date: May 7, 1996 Subject: Z-96-008 GENERAL INFORMATION Applicant: Mr. Robert Rayner 1108 Dallas Drive, #310 Denton, Texas 76205 Owner: Mrs. Ruth Rector PO Box 458 Duncanville, Texas 75116 Action: Request change in zoning for 5.0 acres from the Agricultural (A) zoning district to the Commercial Conditioned (C[c]) zoning district. Location: The subject property is located on the west side of 1-35, approximately 200 feet north of Rector Road. (See Attachment 1) Surrounding Zoning and Land Use: North: A strip of Agriculturally zoned land within the city limits along 1.35, agriculturally used land, and some single family residential use. South: A strip of agriculturally zoned land within the city limits along 1.35, three single family residential uses across Rector Road, and vacant land. East: 1-35, and some single family residential on the east side of 1-35. West: Agriculturally, used property (inside and outside the city limits), owned by the Rectors. Inside city limits Is Agriculturally zoned land. Denton Development Plan: Outside of the area of the Plan. SPECIAL INFORMATION The subject property will have to be platted before development can take place. The General Development Plan and Preliminary Plat were approved by the Commission at the April 10, 1996, Commission meeting. There are no public improvements required at this time. Page 1 M F s' T I B1~ -CS ACKGROUND Date The land is currently an undeveloped part of approximately 78 acres owned by the S.D. Rector. The Rectors would like to make some commercial type use of the property, and submitted a rezoning application on August 29, 1995, for all the property located within the City of Denton, which is slightly more than 24 acres. The property has been used as a temporary batch plant (S•197) and for storage of heavy equipment (in violation of the City's zoning ordinance). There is an existing 4,800 square foot (60' X 80') aluminum building on the subject 5.0 acres. A proposal was presented to the Commission for review on September 27, 1995. The Rectors elected to postpone consideration of the request in order to meet with otheir residents of the area and discuss their project. That meeting was held on October 23, 1995, and was not successful in reaching a mutually satisfactory project. At that time, an amended application was submitted reducing the area under consideration from the full 24+ acres within the city limits, to the same 5 acre site being considered tonight. Another public hearing was held on November 8, 1995, with the Commission voting to recommend denial of the request (for Commercial Conditioned zoning), and that the applicant submit a Planned Development detail plan and application (for the trucking company interested in the property), and that the fee be waived. This recommendation was not appealed to the Council, nor was a Planned Development detail plan submitted. On February 14, 1996, the Commission considered a request for'clarftation" of its November 8, 1995, motion, the end result being that because the original Commercial Conditioned zoning request was never appealed to the City Council, nor formally withdrawn, another Commercial Conditioned zoning request could be submitted. Thus, the request before you tonight. The history of the subject property is outlined below. May 1987 Ruth Rector leased a tract to the Duininck Bros. for the purposes of stock piling construction materials, operate an asphalt plant, a concrete batch plant, and parking/repair of machinery. October 1987 After receiving complaints from surrounding residents and landowners regarding the 'intrusive use" of the property, the City annexed 24.39 acres of the Rector property in order to regulate existing and future land uses. June 1988 The City approves a Specific Use Permit (S•197) for the Dulninck Bros. allowing the property to used for a ccnstr,wtion site and temporary batch plant. S-197 was approved with an expiration date of June 1, 1991. Page 2 r; Ag1nd# it June 1991 S-197 expires. The City continues to receive complaints from residents with regard to the conditions on the site. ' The City holds a series of meetings with representatives of the Dulnick Bros., finally agreeing to a December 1993 clean-up date. June 1993 Ruth Rector requests disannexation of the Rector property within the City Limits of Denton. June 1993 Staff informs Mrs. Patricia Blalock that a petition for disannexation must comply with the requirements of the Local Government Code and requests that she include an instrument showing she has authorization to act in the matter. November 1994 Mrs. Blalock sends a letter requesting disannexation of the Rector property within the city limits, additionally indicating the city had not provided any services. November 1994 Staff informs Mrs. Blalock that city services available to the property included; Emergency Medical Services (EMS), Fire, Police, Planning and Development, Library, and Solid Waste Collection. Decamber 8, 1994 The City receives complaints from area residents and landowners regarding heavy machinery being moved onto the property. A Code Enforcement Officer visits the site and indicates to operators that heavy machinery on the site is a violation of the City's zoning ordinance. December 9, 1994 More calls are received from area residents and landowners regarding the use of the site including a calf from the EPA in Dallas. Staff meets with Mr. and Mrs. Blalock, and Mr. Pitts at their request. It appears that Mrs. Blalock had leased the tract to Mr. Pitts for the purpose of storing heavy machinery on the site. Staff informed the parties that the storing of heavy machinery on the site is a violation of the zoning ordinance and will require approval of a specific use permit. Staff further requested the parties to clear the site within ten days (December 1B, 1994). December 19, 1994 Staff visits the site and finds that it has been cleared. Page 3 4 ~~Ye F T' Y +tWds yid, ~b Adbndi If, NOTICE 6at~ ~ Thirteen (13) notices were mailed on March 29, 1996, only seven of which are within ` the required 200' mailing. The other six are 'courtesy" notices, and will not figure in the 20% calculation. Four (4) replies were received. Two were from 'courtesy notices' and two from the 200' mailing. All were opposed to the request. The vast majority of the property within the 200' notice area is held by either the Rector family or the State Highway Department. The submittal for the 5.0 acres under consideration indicates that the southwestern corner of the proposed 5.0 acre site is 215 feet from the centerline of Rector Road. No distance is provided for the southeastern corner. Even if that distance should be beyond the centerline of Rector Road, the amount of property involving owners other than the Rector family or TXDOT will be minuscule in regards to the 200/9 calculation. Therefore, even if they object, the area of objection will not even begin to approach 20% ANALYSIS The following table will provide a summary of the Plan related analysis for this project. Denton Development Plan Policy Analysis Summary Z-96-008 Development Rating VS Policy POLICY COMMENTS wrar.nnr $"no s cawstes rmm~sr.t«,r sroa»»hlea To be consistent with the Plan, a The subject property Is outside the area of Uw development should not exceed its Denton Development Plan. Allocated if Low If allocated Intensity. Intensity, on 1* basis of ciassiCcatlon, is as Intensity Moderate follows: Area or High Low Intensity - 300 intensity trips. Intensity Medum Intensity - 1,750 Intensity trips. High Intensity - no Intensity standard. Proposed Intensity is for a maximum of 24,000 square feat of floor area. Intensity for such a request - 1,740 Intensity trips (60 trips per 1,000 square feet of floor area). Stri,t site plan oontroi within 1,600 There Is residential use within 1,600 feel of feet of existing low density the project No site plan Is proposed, which Is x residential. xnsistant with the Lockha t rezoning along I- 35Esouth of the South"dge ShoDPirg Center from nearly a year ago. In that case, staff addressed issues of setbacks, parkkig, buffering, and landscaping through conditions, rather than through a site plan. This request Is consistent with th. 1 case. Traffic design to ensure that Multi- The property has droll access to 135. Family or Non•Residenlial uses have access to collectors or larger x arterials with no direct access through residential streets. Page 4 'o 1 w.r. Sulfides green spays, recreational A6 6 ad No. No parks are proposed. The 0150cant Is Age provBesided. and r4versiry of parks are proposing to screen dumpster areas and ~11i1d 8111 prov maintain larger than 2' caliper trees within 10 QatB - ` feel of any Property One not along 635, t.andscaOrOg will be PrOMed as required by the tandseapng, Screening, and Tree Preservation Ordinance, as appll able durinq the Pern ttlng process. Staff will be reCOmnending more extensive landscaping r aorhditions Involving Installation of a Class 'C' buReryard on three sides of the subject property. Input into planning by neighborhood A neighborhood meeting was held on March associations and councils is 26, 1998. Approximatehy 10 neighbors encouraged, attended, there was no discemable change in x position(s). Neighborhood service center The site is 5.0 eC493, plan &nows UP to five concentration acres along an arterial. I-35 is classified as a x freeway. Separation Based on a review of a 1990 asKaf Photograph, fie subject Property is not within x t2 04119 of other commercial conceniratbns. Any form of continuous strip There Is no other conmerciat development ~scrnou rdat development Is strongly along the 1.35 frontage, within the city Omits. raged in or near low intensity However, cress, the could be categorized as strip comrrwrciaf development. No archi0ecturat a $410 plena have been proposed. The staff x raeo04mendation of a maximum of 5,000 Square feet of floor area would result in a good deal of open specs and a more Pleasing, or 193ser commercial look which would be more oonsistenI with file DDP policy. Page 5 y r w Y, Agenda ND. ` 01/ Q Location The Property Is located along I.35. It rs outside of Denton's electrical $a a e The nearest city of Denton water line Is approxlmatety 10,000 feet away, and the nearest City of Denton sewer Nine Is approximately 9,000 feet away. Sewer service is proposed to be provided by an exJsyng septic system, which will have to be 'recertified' by the Citys sanitarian at the lime of application for a certificate of occupancy, Water will be provided by an existing watt, however, neighboring residents have stated that when previous users of the site pumped extensively, tfleir wells were dry. Should this be a concern ct the Commission, it can require that a 'pump down' test be done measuring caxcity and recovery prior to recommending on this rezoning request Unfortunately, g;ven ft drought conditions of the region, such a test has the potential to damage the aquifer, and may not give an accurate measure of 'normal' capacity or recovery, Also, water consumption would be more use specific. What standard would be used to determine if capacity were adequate for which uses? Water for fi,e protection will be provided by a combination of an existing pond, above ground storage tank, and a 2' Bolivar water pipe, The County's Thoroughfare Plan designates Rector Road as an RA2 (Rural Arterial, two lanes, undivided), According to the Countys Transportation Plan, rural arterials are Identified In the transportation plan for time areas of Denton County which are expected to remain predominantly rural prior to and through Year 2005, The rural network identified, utilizes portions of the F.M. highway end county road network to provide continuous routes The realignment of certain roadways and the implementation of the transportation plan w71 provide an excellent system of rural arterials serving undeveloped portions of the county. They YAN also provide a system of roadways as development occurs. Some of the design standards for an RA2 Include a minimum of 70 feet of right-of-way, two traffic lanes, minimum 11 foot lanes, and a design speed of 55 mites per hour, LLanduse There are no topographic features associated with the site that would substantially limit Its development :ppfaam 1rg area and The subject property Is outside the deigned planning area. Surrounding land uses are s, large lot single family residential uses and vacant, or agriculturally, used land. The surrounding area Is what could be classified as 'rurban,' no longer rural but not of a fully auburbarl nature either. The applicant proposed the following conditions with this case. 1. A restricted list of permitted uses (Attachment 2). 2. Total floor area for all buildings constructed on the 5 acres not exceed 29,000 square feet. 3. All loading dock and dumpster areas shall be screened from view of 1.35 by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least 6 feet above grade. If vegetation is chosen, the owner of the property shall maintain such that it remains opaque throughout the year. 4. That corrugated, or any other metal exterior, shall not be allowed on any new building elevation visible from 1-35 for any new buildings. 5. The owner of the property shall maintain all trees larger than 2 inches in diameter within 10 feet of any property line not along 1-35. Page 6 y f Agenda No,. 0_ Agenda Item 6. No "off-premise' signs (as defined by Section 33-2 of the ®tttl of the City of Denton, or its successor) will be permitted. 7. No direct off-site lighting. Staff recommended approval of the request subject to the following set of conditions: 1. A restricted list of permitted uses (Attachment 2). As the Commission is aware, residents in the area have been strongly opposed to any rezoning for Commercial use. A use list for the proposed Commercial zoning district was made available to attendees of the March 26th neighborhood meeting, with the idea that discussion would occur regarding what could be acceptable to the area residents. It is understandable that the area residents would not participate in such an exercise on the obvious assumption that participation would be perceived as acceptance. However, it would have helped provide additional insight for the Commission's consideration of the case. 2. Total floor area for all buildings not exceed 5,000 square feet. Staff is recommending this amount of floor area for two major reasons. Staff recognizes that the subject property is located at what some consider a "commercial' location, being that it has access to I-35 at a point having both northbound and southbound entrance and exit ramps. However, the 29,000 square feet of floor area recommended in the previous case was reached on the basis of the property being in a Moderate Intensity Area, and was used to be consistent with the Lockhart case. While recommending approval, staff no longer feels bound to the calculation used for this property in the previous case, as the applicants did not pursue it to its conclusion. Given the nature of the area, a maximum of 5,000 square feet allows use of the 4,800 square foot existing building, with 200 additional feet of possible expansion. A scale more consistent with the area than a possible 29,000 square feet of floor area. Additionally, 5,000 square feet is consistent with a Low Intensity Area. While this area is outside the area of the Plan, consideration as a Low Intensity Area would be a conservative approach that would allow use of the existing building. If the Commission is considering more square footage, it should probably direct the applicant to do a Plan Amendment as outlined in the Denton Development Plan. 3. All loading dock and dumpster areas shall be screened from view of 1-35 by solid, opaque, screens (fences, walls, or vegetation), reaching a height of at least 6 feet above grade. If vegetation is chosen, the owner of the property shall maintain such that it remains opaque throughout each year. Page 7 Agenda No ` d1 4. No corrugated, or any other metal exterior, be visible from either Rector oa or 1-35 for any new construction. 5. No'off -premise' signs (as defined by Section 33-2 of the Code of Ordinances of the City of Denton, or its successor) will be permitted. 6. A 40 foot 'no parking" setback be maintained from the 1-35 frontage. 7. A Class "C' bufferyard, requiring a 6 foot wood fence, 4 can understory trees (from the approved plant list in the Landscaping, Screening, and Tree Preservation Ordinance) be provided per 100 linear feet in a 15 foot wide strip along each property line not along 1.35. 8. No direct 'off-site" lighting. RECOMMENDATION The Commission voted 6-0 to recommend approval of a Commercial Conditioned (C(c)) zoning district subject to the following list of conditions. 1. A restricted list of permitted uses (Attachment 2). The Commission also removed Auto Laundry, Motor Freight Terminal, and Transfer, Storage, and Baggage Terminal from the list of permitted uses. 2. Total floor area for all buildings constructed on the 5.0 acres not exceed 20,000 square feet. 3. A I loading dock and dumpster ares shall be screened from view of 1-35 by solid, opaque, screens (fences, walls or vegetation), reaching a height of at feast six (6) feet above grade. If vegetation is chosen, the owner of the property shall maintain such that it remains opaque throughout the year. 4. That corrugated, or any other metal exterior, shall not be allowed on any new building elevation visible from 1.35 for any new buildings. 5. The owner of the property shall maintain all trees larger than two (2) inches in diameter within ten (10) feet of any property line not along 1.35. 6. No 'off-premise" signs (as defined by Section 33.2 of the Code of Ordinances of the City of Denton, or its successor) will be permitted. 7. No direct off-site lighting. 8. A "bufferyard' being fifteen (15) feet wide, and consisting of four (4) canopy and eight (8) understory trees per each one hundred (100) linear feet be installed Page 8 1 I the southern property line of the acreage described in Agenda bit Item 1 ES ve with additionaVother more restrictive conditions. e as recommended. ne consideration, Fn. T$ exhibit. 2. Proposed list of uses. Page 9 0 J ?T,4CNNENT I Is M nt e . - - - - - _ _ - - no s ` t 1 n A+ Milo I " 2W KAY uun r+1 r I. y • + n Nrn.. E 3 r )ups 7m b 5 Cf URVEy A S 0UR ESON J ou 9 1 r nn .r' F_ Tr V I C I N 1. T Y 1 } ~ rn i:Ml 1 ~ ~ w o 0 1 I 31 m 1.Mr ~r Lp 6 l M A 77 1 PW O e 3 COW1ERCMe ZONING y I1EOVf 51(p II \ I5, ~ S peer [ I I I - 111 , I ~ acf$7r$_-"- 5.0 Acres yy nru_ 1~ - ` ` J Ai7RS SURVEY A-1 B BURLESON SURVEY A 55 1 Ktrdt E I N DENION LOUNTY4IE%A5. 141 R llw ~ y C S rA C0.[ Ia W 7M :r4 of 1177{ rN7e7 Al17145 a,-. a F r ATrAc&VAOW 4,L NCN eeslmeraial District AgandA Nd.~ Agenda Item psmmlr~r~Q.II~3l~. Dale Prima" Residential Uses Dormitory, Boarding or Rooming House Hotel or Hotel Educational, Institutional i special uses Art Gallery or Museum ' Cemetery or Mausoleum Church or Rectory College or University or Private School Community Center (Public) Day Camp Day Nursery or Kindergarten School Fairground or Exhibition Area Group Homes !60" +a+y-iiwse Home for Care of Alcoholic, Narcotic or Psychiatric Patients Hospital (General Acute Cara) Hospital (Chronic Care) Institutions of Religious or Philanthropic Nature Public Library Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Utility, Accessory and Incidental Uses Accessory Building Community Center (Private) Electrical Substation Electrical Transmission Line Temporary Field or Construction office (Subject to Approval and Control by Building Inspector) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Radio and/or Television Microwave Tower Private Swimming Pool Telephone, Business Office Telephone Line and Exchange switching or Relay Station r.~r or no... garalr" iatAr D+=1nQ CtAtign or Wall Water Treatment Plant F NCti Caaarai 1 District (Coat&auedl Renr.Atinnal and Entertainment Usesl,h.q,NO. Agenda fteny$ Amusement, Commercial (Indoor) data s~=~~_ Country Club (Private) with Golf course Public Golf Course Commercial Golf Course public Park or Playground Public Play field or Stadium A 4 Roller or Ice Skating Rink tea swim or Tennis Club Theater, Other than Drive-in Type Trangportatio B lated Uses Airport Landing Field or Heliport Haulinq or Storage Company X60F-:n-AGM, Tom...={~ Q- sk Commercial Parking Lot or Structure Automobile Service Ueec hot* fi- ~!4'l7~1'rrg~ ask Gasoline Service Station r Retail and Service Ty rr a Antique Shop bakery or Confectionery Shop (Retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop Drapery, Needlework or Weaving shop Florist or Garden Shop Greenhouse or Plant Nursery (Retail) Handicraft Shop Household Appliance Service and Repair Laundry or Cleaning Self Service Y L J' . i C2 aCN CRIMMUCial District (aentin.HoM Retail and Service s Use ( on Wj Mo~ Mimeograph, Stationery or Letter Shop Agenda iterr Mortuary or Funeral Parlor Date- 1~ 9S,i Offices, Professional and Administrative Off Premise Sale of Seer and/or Wine On Premise Sale of Beer and/or wine Licensed Private Club FMWP."*P Restaurant Retail Stores and Shope - 41000 square feet or less Retail Stores and Shope - Over 4,000 square feet studio for Photographer, Musician, Artist or Health @me Agricultural Typo Uses Animal Clinic or Hospital (no outside runs or pens) Farm or Ranch Greenhouse or Plant Nursery Commercial Tyne L1M Bakery (wholesale) Building Material Sales cabinet and upholstery shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication peer 66"s Job Printing or Newspaper Printing Laundry Plant (Coamiercial) Milk Depot, Dairy, or ice Cream Plant Paint Shop Plumbing Shop Scientific or Research Laboratories Storage or Sales Warehouse Wholesale office and Sample Room PITTED 132E6 WITH APPROVED SPECTZrQ US2 PgRMTT. Primary Residential Uses Educational, ins itutional p special r~ a Fraternity, Sorority, Lodge or Civic Club k s _ Agenda No, ^ Agenda Item-1, Date ~ ``l FORM OF INITIAL CERTIFICATE NO. R-.- S UNITED STATES OF AMERICA STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON CERTIFICATE Or OBLIGATION SERIES 1996 THE CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to or to the registered assignee or assignees of this Certificate or any portion or portions hereof (in each case, the "registered owner") the aggregate principal amount of S DOLLARS) in annual installments of principal due and payable on February 15 in each of the years, and in the respective principal amounts, as set forth in the following schedule: PRINCIPAL PRINCIPAL YEAR AMOUNT YEAR AMOUNT 1997 $325,000 2007 $165,000 1998 435,000 2008 1750000 1999 460,000 2009 185,000 2000 490,000 2010 195,000 2001 515,000 2011 205,000 2002 145,000 2012 220,000 2003 150,000 2013 235,000 2004 160,000 2014 245,000 2005 170,000 2015 260,000 2006 180,000 2016 275,000 and to pay interest, calculated on the basis of a 360-day year composed of twelve 30-day months, from the date of this Certificate hereinafter stated, on the balance of each such installment of principal, respectively, from time to time remaining unpaid, at the rates as follows; per annum on the above installment due in 1997 per annum on the above installment due in 1998 per annum on the above installment due in 1999 per annum on the above installment due in 2000 per annum on the above installment due in 2001 3 I 1 x A~anOa N0. Agenda Item per annum on the above installment due in 2002 Cate - per annum on the above installment due in 2003 per annum on the above installment due in 2004 u% per annum on the above installment due in 2005 per annum on the above installment due in 2006 per annum on the above installment due in 2007 per annum on the above installment due in 2008 _per annum on the above installment due in 2009 % per annum on the above installment due in 2010 per annum on the above installment due in 2011 per annum on the above installment due in 2012 per annum on the above installment due in 2013 per annum on the above installment due in 2014 per annum on the above installment due in 2015 per annum on the above installment due in 2016 with said interest being payable on February 15, 1997, and semiannually on each August 15 and February 15 thereaRer while this Certificate or any p )rtion hereof is outstanding and unpaid. THE INSTALLMENTS OF PRINCIPAL Of AND THE INTEREST ON Ws Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The installments of principal and the interest on this Certificate are payable to the registered owner hereof through the services of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying AgerWRegistrar" for this Certificate. Payment of a;l princi- pal of and interest on this Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each principal and/or interest payment date by check dated as of such date, drawn by the Plying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of this Certificate (the "Certificate Ordinance") to be on deposit with the Paying Agent/Refastm^r for such purpose as hereinafter provided; and such check shall be sera by the Paying Agent/kegistrar by United States mail, first-class postage prepaid, on each such principal and/or interest payment date, to the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding each such date (the "Record Datt") on the Registration Books kept by the Paying Agent/Registrar, as hereinafter described. The Issuer covenants with the registered owner of this Certificate that on or before each principal and/or interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on this C•-,iificate, when due. IF THE DATE for the payment of the principal of or interest on this Certificate shall be a Saturday, Sunday, a legal holiday, or a day on which banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, !hen the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close, and payment on such date shall have the same force and effect as if made on the original date payment was due. 4 i F Agonds N9, Agenda ! m Oate THIS CERTIFICATE has been authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of $5,190,000 for the purpose of paying all or a portion of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit= certain real property for use in connection with the City's (a) renovations to the Municipal Building (City Hall) and (b) Landfill Operations located on Edwards Road, and certain facilities and equipment related to the City's Landfill Operations; and also for the purpose of paying all or a portion of the City's Contractual Obligations for professional services of Engineering, Attorneys, and Financial Advisors in connection with the above contracts and said Certificates of Obligation. ON FEBRUARY 15, 2006, or on any date whatsoever thereafter, the unpaid installments of principal of this Certifiate of Obligation may be prepaid or redeemed prior to their scheduled due dates, at the option of the Issuer, witli funds derived from any available source, as a whole, or in part, and, if in part, the particular portion of this Certificate of Obligation to be prepaid or redeemed shall be selected and designated by the Issuer (provided that a portion of this Certificate of Obligation may be redeemed only in an integral multiple of $5,000), at the prepayment or redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for prepayment or redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Certificate or the portion hereof which is to be so prepaid or re- deemed, plus accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not bear interest after the date fixed for its prepayment or redemption, and shall not be regarded as being outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment or redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof. THIS CERTIFICATE, to the extent of the unpaid principal balance hereof, or any unpaid portion hereof in any integral multiple of $5,000, may be assigned by the initial registered owner hereof and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditions set forth in the Certificate Ordinance. Among other requirements for such transfer, this Certificate must be presented and surrendered to the Paying Agent/Registrar for cancellation, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment by the initial registered owner of this Certificate, or any portion or portions hereof in any integral multiple of $5,000, to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. Any instrument or instruments , `assignment satisfactory to the Paying Agent/Registrar maybe used to evidence the assignment of this Certificate or any such portion or portions hereof by 5 M l i d AgeAlem ApeC_ Date the initial registered owner hereof. A new certificate or certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates) or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, shall be delivered by the Paying Agent/Regis- trar in conversion of and exchange for this Certificate or any portion or portions hereof, but solely in the form and manner as provided in the next paragraph hereof for the conversion and exchange of this Certificate or any portion hereof. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon this Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. AS PROVIDED above and in the Certificate Ordinance, this Certificate, to the extent of the unpaid principal balance hereof, may be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons, payable to the assignee or assignees duly designated in writing by the initial registered owner hereof, or to the initial registered owner as to any portion of this Certificate which is not being assigned and transferred by the initial registered owner, in any denomination or denominations in any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute certificate issued in exchange for any portion of this Certificate shall have a single stated principal maturity date), upon surrender of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. If this Certificate or any portion hereof is assigned and transferred or converted each certificate issued in exchange for any portion hereof shall have a single stated principal maturity date corresponding to the due date of the installment of principal of this Certificate or portion hereof for which the substitute certificate is being exchanged, and shall bear interest at the rate applicable to and borne by such installment of principal or portion thereof. No such certificate shall be payable in installments, but shall have only one stated principal maturity date. AS PROVIDED IN THE CERTIFICATE ORDINANCE, THIS CERTIFICATE IN ITS PRESENT FORM MAY BE ASSIGNED AND TRANSFERRED OR CONVERTED ONCE ONLY, and to one or more assignees, but the certificates issued and delivered in exchange for this Certificate or any portion hereof may be assigned and transferred, and converted, subsequently, as provided in the Certificate Ordinance, The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging this Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make any such assignment, conversion, or exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for this Certificate is changed by the Issuer, resigns, or otherwise ceases to act as such, the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owner of this Certificate, IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this 6 Agenda No. Agenda Item Date Certificate have been performed, existed, and been done in accordance with law; that t s Certi cafe is a general obligation of the Issuer, issued on the full faith and credit thereof; and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have ken pledged irrevocably for such payment, within the lint prescribed by law; and that, together with other parity obligations, this Certificate additionally is payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and additional obligations, and to enter into contracts, payable from ad valorem taxes and/or revenues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between the registered owner hereof and the Issuer. IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signed with the manual signature of the Mayor of the Issuer and countersigned with the manual signature of the City Secretary of the Issuer, has caused the official seal of the Issuer to be duly impressed on this Certificate, and has caused this Certificate to be dated May 1, 1996. City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) (INSERT BOND INSURANCE LEGEND, IF ANY) 7 1 E F AQendo No... jL Agenda IUm _ FORM OF REGISTRATION CERTIFICATE OF THE bate-cr) COMPTROLLER OF PUBLIC ACCOUNTS: CC APTROLLER'S REGISTRATION CERTIFICATE: REGISTER NO. I hereby certify that this Certificate has been examined, certified as to validity, and approved by the Attorney General of the State of Texas, and that this Certificate has been registered by the Comptroller of Public Accounts of the State of Texas. Witness my signature and seal this I Comptroller of Public Accounts of the State of Texas (COMPTROLLER'S SEAL) Section 6. ADDITIONAL CHARACTERISTICS OF THE CERTIFICATES. Re istr l In and Transfer. (a) The Issuer shall keep or cause to be kept at the principal corporate trust office of TEXAS COMPdERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS (the "Paying Agent/Registrar") books or records of the registration and transfer of the Certificates (the "Registration Books"), and the Issuer hereby appoints the Paying Agent/Registrar as its registrar and transfer agent to keep such books or records and make such transfers and registrations under Fuch reasonable regulations as the Issuer and Paying Agent/Registrar may prescribe; and the Paying Agent/Registrar shall make such transfers and registrations as herein provided. The Paying Agent/Registrar shall obtain and record in the Registration Books the address of the registered owner of each Certificate to which payments with respect to the Certificates shall be mailed, as herein provided; but it shall be the duty of each registered owner to notify the Paying Agent/Registrar in writing of the address to which payments shall be mailed, and such interest payments shall not be mailed unless such notice has been given. The Issuer shall have the right to inspect the Registration Books during regular business hours of the Paying Agent/Registrar, but otherwise the Paying { Agent/Registrar shall keep the Registration Books confidential and, unless otherwise required by law, shall not permit their inspection by any other entity. Registration of each Certificate may be transferred in the Registration Books only upon presentation and surrender of such Certificate to the Paying Agent/Registrar for transfer of registration and cancellation, together with proper written instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, (i) evidencing the assignment of the Certificate, or any portion thereof in any integral multiple of 55,000, to the assignee or assignees thereof, and (ii) the right of such assignee or assignees to have the Certificate or any such portion thereof registered in the name of such assignee or assignees. Upon the assignment and transfer of any Certificate or any portion thereof, a new substitute Certificate or Certificates shall be issued in conversion and exchange therefor in the manner herein provided. The Initial Certificate, to the extent of the unpaid principal balance thereof, may be assigned and transferred by the initial registered owner thereof once only, and to one or more assignees designated in writing by the initial registered owner thereof. All Certificates issued and de- livered in conversion of and exchange for the Initial Certificate shall be in any denomination or denominations of any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate sha11 have a single sated principal maturity date), shall be in the form 8 4 ,t Agenda Agenda Item Date prescribed in the FORM OF SUBSTITUTE CERTIFICATE, set forth in this Ordinance, and shall have the characteristics, and may be assigned, transferred, and converted as hereinafter provided. If the Initial Certificate or any portion thereof is assigned and transferred or converted the Initial Certificate must be surrendered to the Paying Agent/Registrar for cancellation, and each Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for Mh ch the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and bome by such installment of principal or portion thereof for which it is being ex- changed. If only a portion of the Initial Certificate is assigned and transferred, there shall be delivered to and registered in the name of the initial registered owner substitute Certificates in exchange for the unassigned balance of the Initial Certificate in the same manner as if the initial registered owner were the assignee thereof If any Certificate or portion thereof other than the Initial Certificate is assigned and transferred or convened each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is exchanged. A form of assignment shall be printed or endorsed on each Certificate, excepting the Initial Certificate, which shall be executed by the registered owner or its duly authorized attorney or representative to evidence an assignment thereof. Upon surrender of any Certificates or any portion or portions thereof for transfer of registration, an authorized representative of the Paying Agent/Registrar shall make such transfer in the Registration Books, and shall deliver a new fully registered substitute Certificate or Certificates, having the characteristics herein described, payable to such assignee or assignees (which then will be the registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in case only a portion of a Certificate is being assigned and transferred, all in conversion of and exchange for said assigned Certificate or Certificates or any portion or portions thereof, in the same form and manner, and with the same effect, as provided in Section 6(d), below, for the conversion and exchange of Certificates by any registered owner of a Certificate. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for making such transfer and delivery of a substitute Certificate or Certificates, but the one requesting such tramfer shall pay any taxes or other governmental charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of any Certificate or any portion thereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (b) Ownerslhip of Certificates. The entity in whose name any Certificate shall be registered in the Registration Books at any time shall be deemed and treated as the absolute owner thereof for all purposes of this Ordinance, whether or not such Certificate shall be overdue, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary; and payment of, or on account of the principal of, premium, if any, and interest on any such Certificate shall be made only to such registered owner. All such payments shall be valid and effectual to satisfy and discharge the liability upon such Certificate to the extent of the sum or s,rms so paid (c) Payment of Certificates and Interest. The Issuer hereby further appoints the Paying Agent/Registrar to act as the paying agent for paying the principal of and interest on the Certificates, and to act as its agent to convert and exchange or replace Certificates, all as provided in this Ordinance. The Paying Agent/Registrar shall keep proper records of all payments made by the Issuer and the Paying Agent/Registrar with respect to the Certificates, and of all conversions and exchanges 9 1 'F ti Ageala No. Agenda Item Date of Certificates, and all replacements of Certificates, as provided in this Ordinance, However, in the event of a nonpayment of interest on a scheduled payment date, and for thirty (30) days thereafter, a new record date for such interest payment (a "Special Record Date") will be established by the Paying Agent/Registrar, if and when funds for the payment of such interest have been received from the Issuer. Notice of the Special Record Date and of the scheduled payment date of the past due interest ("Special Payment Date", which shall be fifteen (I5) days after the Special Record Date) shall be sent at least five (5) business days prior to the Special Record Date by United States mail, first class postage prepaid, to the address of each Holder of a Certificate appearing on the registration books of the Paying Agent/Registrar at the close of business on the 15th business day next preceding the date of mailing of such notice, (d) Conversion and Exchange or Replacement: Authentication. Each Certificate issued and delivered pursuant to this Ordinance, to the extent of the unpaid principal balance or principal amount thereof; may, upon surrender of such Certificate at the principal corporate trust office of the Paying Agent/Registrar, together with a written request therefor duly executed by the registered owner or the assignee or assignees thereof, or its or their duly authorized attorneys or representatives, with guarantee of signatures satisfactory to the Paying AgenfJRegisLrar, may, at the option of the regis- tered owner or such assignee or assignees, as appropriate, be converted into and exchanged for fully registered certificates, without interest coupons, in the form prescribed in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance, in the denomination of $5,000, or any integral multiple of $5,000 (subject to the requirement hereinafter stated that each substitute Certificate shall have a single stated maturity date), as requested in writing by such registered owner or such assignee or assignees, in an aggregate principal amount equal to the unpaid principal balance or principal amount of any Certificate or Certificates so surrendered, and payable to the appropriate registered owner, assignee, or assignees, as the case may be. If the Initial Certificate is assigned and transferred or converted each substitute Certificate issued in exchange for any portion of the Initial Certificate shall have a single stated principal maturity date, and shall not be payable in installments; and each such Certificate shall have a principal maturity date corresponding to the due date of the installment of principal or portion thereof for which the substitute Certificate is being exchanged; and each such Certificate shall bear interest at the single rate applicable to and borne by such installment of principal or portion thereof for which it is being exchanged, If any Certificate or portion thereof (other than the Initial Certificate) is assigned and transferred or coatieried, each Certificate issued in exchange therefor shall have the same principal maturity date and bear interest at the same rate as the Certificate for which it is being exchanged. Each substitute Certificate shall bear a letter and/or number to distinguish it from each other Certificate. The Paying Agent/Registrar shall convert and exchange or replace Certificates as provided herein, and each fully registered certificate delivered in conversion of and exchange for or replacement of any Certificate or portion thereof as permitted or required by any provision of this Ordinance shall constitute one of the Certificates for all purposes of this Ordinance, and may again be converted and exchanged or replaced. It is specifically provided that any Certificate authenticated in conversion of and exchange for or replacement of another Certificate on or prior to the first scheduled Record Date for the Initial Certificate shall bear interest from the date of the Initial Certificate, but each substitute Certificate so authenticated after such first scheduled Record Date shall bear interest from the interest payment date next preceding the date on which such substitute Certificate was so authenticated, unless such Certificate is authenticated after any Record Date but on or before the next following interest payment date, in which case it shall bear interest from such next following interest payment date; provided, however, that if at the time of de- 10 J tJJt h 4 F i 1 Agenda No. Agenda IIe : - livery of any substitute Certificate the interest on the Certificate for which it is beDrat xc.ang is u - but has not been paid, then such Certificate shall bear interest from the date to which such interest has been paid in 0. THE INITIAL CERTIFICATE issued and delivered pursuant to this Ordinance is not required to be, 2nd shall not be, authenticated by the Paying Agent/Registrar, but on Cach substitute Certificate issued in conversion of and exchange for or replacement of any Certificate or Certificates issued under this Ordinance there shall be printed a certificate, in the form substantially as follows: "PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative" An authorized representative of the Paying Agent/Registrar shall, before the delivery of any such Certificate, date and manually sign the above Certificate, and no such Certificate shall be deemed to be issued or outstanding unlegc such Certificate is so executed. The Paying Agent/Registrar promptly shalt cancel all Certificate,, 311rendered for c-)r ersion and exchange or replacement. No additional ordinances, orders, or resolit ions need be passed or adopted by the governing body of the Issuer or any other body or person so cis to accomp5sh the foregoing conversion and exchange or replacement of any Certificate or portion thereof, and the Paying Agent/Registrar shall provide for the printing, execution, and delivery of the substitute Certificates in the manner prescribed herein, and said Certificates shall be of type composition printed on paper with lithographed or steel engraved borders of customary weight and strength. Pursuant to Vernon's Ann. Tex. Civ. St. Art. 717k-6, and particularly Section 6 thereof, the duty of conversion and exchange or replacement of Certificates as aforesaid is hereby imposed upon the Paying Agent/Registrar, and, upon the execution of the above Paying Agent/Registraes Authentication Certificate, the converted and exchanged or replaced Certificate shall be valid, incontestable, and enforceable in the same manner and with the same effect as the Initial Certificate which originally was issued pursuant to this Ordinance, approved by the Attorney General, and registered by the Comptroller of Public Accounts. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting any such transfer, conversion, and exchange shall pay any taxes or governmental charges required to be paid with respect thereto as a condition precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shall not be required to make any such conversion and exchange or replacement of Certificates or any portion thereof during the period commencing with the close of I1 F 1 F Agenda No. Agenda Item business on any Record Date and ending with the opening of business on the next following principal or interest payment date. (e) In General. All Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, (i) shall be issued in fully registered form, without interest coupons, with the principal of and interest on such Certificates to be payable only to the registered owners thereof; @) may be transferred and assigned, (iii) may be converted and exchanged for other Certificates, (iv) shall have the characteristics, (v) shall be signed and sealed, and (vi) the principal of and interest on the Certificates shall be payable, all as provided, and in the manner required or indi- cated, in the FORM OF SUBSTITUTE CERTIFICATE set forth in this Ordinance. (f) Payment of Fees and Charges. The Issuer hereby covenants with the registered owners of the Certificates that it will (i) pay the standard or customary fees and charges of the Paying Agent/Registrar for its services with respect to the payment of the principal of and interest on the Certificates, when due, and (ii) pay the fees and charges of the Paying Agent/Registrar for services with respect to the transfer of registration of Certificates, and with respect to the conversion and exchange of Certificates solely to the extent above provided in this Ordinance. (g) Substitute Paving Agent/Re 'stray. The Issuer covenants with the registered owners of the Certificates that at all times while the Certificates are outstanding the Issuer will provide a competent and legally qualified bank, trust company, financial institution, or other agency to act as and perform the services of Paying Agent/Registrar for the Certificates under this Ordinance, and that the Paying Agent/Registrar will be one entity. The Issuer reserves the right to, and may, at its option, change the Paying Agent/Registrar upon not less than 120 days written notice to the Paying Agent/Registrar, to be effective not later than 60 days prior t r the next principal or interest payment date after such notice. In the event that the entity at any time acting as Paying Agent/Registrar (or its successor by merger, acquisition, or other method) should resign or otherwise cease to act as such, the Issuer covenants that promptly it will appoint a competent and legally qualified bank, trust company, financial institution, or other agency to act as Paying Agent/Registrar under this Ordinance. Upon any change in the Paying Agent/Registrar, the previous Paying Agent/Registrar promptly shall transt-er and deliver the Registration Books (or a copy thereof), along with all other pertinent books and records relating tc the Certificates, to the new Paying Agent/Registrar designated and appointed by the Issuer. Upon any change in the Paying Agent/Registrar, the Issuer promptly will cause a written notice thereof to be sent by the new Paying y Agent/Registrar to ea each registered owner of the Certificates, by United Sates mail, first-class postage prepaid, which notice also shall give the address of the new paying Agent/Registrar. By accepting the position and performing as such, each Paying Agent/Registrar shall be deemed to have agreed to the provisions of this Ordinance, and a certified copy of this Ordinance shall be delivered to each Paying Agent/Registrar. Section FORM OF SUBSTITUTE CERTIFICATES. The form of all Certificates issued in conversion and exchange or replacement of any other Certificate or portion thereof, including the form of Paying Agent/Registraes Certificate to be printed on each of such Certificates, and the Form of Assignment to be printed on each of the Certificates, shall be, respectively, substantially as follows, with such appropriate variations, omissions, or insertions as are permitted or required by this Ordinance. 12 w ,a Agenda No. Agenda ter FORM OF SUBSTITUTE CERTIFICATE Date' (Book-Entry Only Legend, if appropriate) NO. UNITED STATES OF AMERICA PRINCIPAL AMOUNT STATE OF TEXAS S COUNTY OF DENTON CITY OF DENTON CERTIFICATE OF OBLIGATION SERIES 1996 ORIGINAL DATE INTEREST RATE MATURITY DATE _ OF ISSUE _CUSIP NO. May 1, 1996 ON THE MATURITY DATE specified above the CITY OF DENTON, in Denton County, Texas (the "Issuer"), being a political subdivision of the State of Texas, hereby promises to pay to J or to the registered assignee hereof (either being hereinafter called the "registered owner") the principal amount of and to pay interest thereon, calculated on the basis of a 360-day year composed of twelve 30-day months, from May 1, 1996, to the maturity date specified above, at the interest rate per annum specified above; with interest being payable on February 15, 1997, and semiannually on each August 15 and February 15 thereafter, except that if the date of authentication of this Certificate is later than the first Record Date (hereinafter defined), such principal amount shall bear interest from the interest payment date next preceding the date of authentication, unless such date of authentication is after any Record Date (hereinafter defined) but on or before the next following interest payment date, in which case such principal amount shall bear interest from such next following, interest payment date. THE PRINCIPAL OF AND INTEREST ON this Certificate are payable in lawful money of the United States of America, without exchange or collection charges. The principal of this Certificate shall be paid to the registered owner hereof upon presentation and surrender of this Certificate at maturity, at the principal corporate trust office of TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS, which is the "Paying Agent/Registrar" for this Certificate. The payment of interest on his Certificate shall be made by the Paying Agent/Registrar to the registered owner hereof on each interest payment date by check dated as of such interest payment date, drawn by the Paying Agent/Registrar on, and payable solely from, funds of the Issuer required by the ordinance authorizing the issuance of the Certificates (the "Certificate Ordinance") to be on deposit with the Paying Agent/Registrar for such purpose as hereinafter provided; and such 13 v 3 i i Agenda No.~~ v Agenda Item check shall be sent by the Paying Agent/Registrar by United States mail, first-cuss othe a prepaid ; on each such interest payment date, ~o the registered owner hereof, at the address of the registered owner, as it appeared at the close of business on the last day of the month next preceding e"ch such date (the "Record Date") on the Registration Books kept by the Paying Agent/Registrar, as Nereinafter described. However, the payment of such interest may be made by any other method acceptaNe to the Paying Agent/Registrar and requested by, and at the risk and expense of, the regis- tered owner hereof. The Issuer covenants with the regirtered owner of this Certificate that on a before each principal paym,-nt date, interest payment date, and accrued interest payment date for this Certificate it will make available to the Paying Agent/Registrar, from the "Interest and Sinking Fund" created by the Certificate Ordinance, the amounts required to provide for the payment, in immediately available funds, of all principal of and interest on the Certificates, when due. IF THE DATE for the payment of th ° principal of or interest on this Certificate shall be z Saturday. Sunday, a legal holiday, or a day on whi .h banking institutions in the City where the Paying Agent/Registrar is located are authorized by law or executive order to close, then the date for such payment shall be the next succeeding day which is not such a Saturday, Sunday, legal holiday, or day on which banking institutions are authorized to close; and payment on such date shall have the same force and effect as if made on the original date payment was due. THIS CERTIFICATE is one of an issue of Certificates initially dated May 1, 1996, authorized in accordance with the Constitution and laws of the State of Texas in the principal amount of S5, 190,000, for the purpose ofpaying all or a portion of the City's Contractual Obligations incurred pursuant to contracts for the purchase of certain real and personal property, to-wit: certain real property for use in connection with the City's (a) renovations to the Municipal Building (City Nall) and (b) Landfill Operations located on Edwards Road, and certain facilities and equipment related to the City's Landfill Operations; and also for the purpose of paying all or a portion of the City's Contractual OF,bga6ons for professional services of Engineering, Attorneys, and Financial Advisors in connectior with the above contracts and said Certificates of Obligation. ON FEBRUARY 15, 2006, or on any date whatsoever thereafter, the Certificates of this { Series may be redeemed prior to their scheduled maturities, at the option of the Issuer, with funds derived from any available and lawful source, as a whole, or in part, and, if in part, the particular Certificates, or portions thereof, to be redeemed shall be selected and designated by the Issuer (provided that a portion of a Certificate may be redeemed only in an integral multiple of $5,000), at the redemption price of the par or principal amount thereof, plus accrued interest to the date fixed for redemption. AT LEAST 30 days prior to the date fixed for any such prepayment or redemption a written notice of such prepayment or redemption shall be mailed by the Paying Agent/Registrar to the registered owner hereof. By the date fixed for any such prepayment or redemption due provision shall be made by the Issuer with the Paying Agent/Registrar for the payment of the required prepay- ment or redemption price for this Certificate or the portion hereof which is to be so prepaid or re- deemed, phis accrued interest thereon to the date fixed for prepayment or redemption. If such written notice of prepayment or redemption is given, and if due provision for such payment is made, all as provided above, this Certificate, or the portion thereof which is to be so prepaid or redeemed, thereby automatically shall be treated as prepaid or redeemed prior to its scheduled due date, and shall not 14 S Y f I Agenda No. Agenda Item bear interest after the date fixed for its prepayment or redemption, and shall not%M r gar reed as eing outstanding except for the right of the registered owner to receive the prepayment or redemption price plus accrued interest to the date fixed for prepayment o redemption from the Paying Agent/Registrar out of the funds provided for such payment. The Paying Agent/Registrar shall record in the Registration Books all such prepayments or redemptions of principal of this Certificate or any portion hereof. THIS CERTIFICATE OR ANY PORTION OR PORTIONS HEREOF IN ANY 1N1'EGRAL MULTIPLE OF $5,000 may be assigned and shall be transferred only in the Registration Books of the Issuer kept by the Paying Agent/Registrar acting in the capacity of registrar for the Certificates, upon the terms and conditic is s.-t forth in the Certificate Ordinance. Among other requirements for such assignment and transfer, this Certificate must be presented and surrenda-•d to the Paying Agent/Registrar, together with proper instruments of assignment, in form and with guarantee of signatures satisfactory to the Paying Agent/Registrar, evidencing assignment of this Certificate or any portion or portions hereof in any integral multiple of $5,000 to the assignee or assignees in whose name or names this Certificate or any such portion or portions hereof is or are to be transferred and registered. The form of Assigaaent printed or endorsed on this Certificate shall be executed by the registered owner or its duly authorized attorney or representative, to evidence the assignment hereof. A new Certificate or Certificates payable to such assignee or assignees (which then will be the new registered owner or owners of such new Certificate or Certificates), or to the previous registered owner in the case of the assignment and transfer of only a portion of this Certificate, may be delivered by the Paying Agent/Registrar in conversior of and exchange for this Certificate, al! in the form and manner as provided in the next paragraph hereof for the conversion and exchange of other Certificates. The Issuer shall pay the Paying Agent/Registraes standard or customary fees and charges for making such transfer, but the one requesting such transfer shall pay any taxes or other governmmW charges required to be paid with respect thereto. The Paying Agent/Registrar shall not be required to make transfers of registration of this Certificate or any portion hereof during the period commencing with the close of business on any Record Date and ending with the opening of business on the next following principal or interest payment date. The registered owner of this Certificate shall be deemed and treated by the Issuer and the Paying Agent/Registrar as the absolute owner hereof for all purposes, including payment and discharge of liability upon t?us Certificate to the extent of such payment, and the Issuer and the Paying Agent/Registrar shall not be affected by any notice to the contrary. ALL CERTIFICATES OF THIS SERIES are issuable solely as fully registered certificates, without interest coupons, in the denomination of any integral multiple of $5,000. As provided in the Certificate Ordinance, this Certificate, may, at the request of the registered owner or the assignee or assignees hereof, be converted into and exchanged for a like aggregate principal amount of fully registered certificates, without interest coupons; payable to the appropriate registered owner, assignee, or assignees, as the case may be, having the same maturity date, and bearing interest at the same rate, in any denomination or denominations in any integral multiple of $5,000 as requested in writing by the appropriate registered owner, assignee, or assignees, as the case may be, upon sur- render of this Certificate to the Paying Agent/Registrar for cancellation, all in accordance with the form and procedures set forth in the Certificate Ordinance. The Issuer shall pay the Paying Agent/Registrar's standard or customary fees and charges for transferring, converting, and exchanging any Certificate or any portion thereof, but the one requesting such transfer, conversion, and exchange 15 4 Y Agenda No. L~---- Agenda tem shall pay any taxes or governmental charges required to be paid with respect 9A 110 precedent to the exercise of such privilege of conversion and exchange. The Paying Agent/Registrar shaft not be required to make any such conversion and exchange during the period commencing with the close of business on any Record Date and ending with the opening of business on the next follow- ing principal or interest payment date. IN THE EVENT any Paying Agent/Registrar for the Certificates is changed by the Issuer, resigns, or otherwise ceases to act as suzK the Issuer has covenanted in the Certificate Ordinance that it promptly will appoint a competent and legally qualified substitute therefor, and promptly will cause written notice thereof to be mailed to the registered owners of the Certificates. IT IS HEREBY certified, recited, and covenanted that this Certificate has been duly and validly authorized, issued, and delivered; that all acts, conditions, and things required or proper to be performed, exist, and be done precedent to or in the authorization, issuance, and delivery of this Certificate have been performed, existed, and been done in accordance with law; that this Certificate is a general obligation of the Issuer, issued on the full faith and credit thereof, and that annual ad valorem taxes sufficient to provide for the payment of the interest on and principal of this Certificate, as such interest comes due and such principal matures, have been levied and ordered to be levied against all taxable property in the Issuer, and have been pledged irrevocably for such payment, within the limit prescribed by law; and that, together with other parity obligations, this Certificate, and the other Certificates of this Serif-s, additionally are payable from and secured by certain surplus revenues (not to exceed $10,000 in aggregate amount) derived by the Issuer from the ownership and operation of the City's Utility System (consisting of the City's combined waterworks system, sanitary sewer system, and electric light and power system), all as provided in the Certificate Ordinance. THE ISSUER has reserved the right to issue, in accordance with law, and in accordance with the Certificate Ordinance, other and adeitional obligations, and to enter into contracts, payable from ad valorem taxes and/or re-,rnues of the City's Utility System, on a parity with, or with respect to said revenues, superior in lien to, this Certificate. M BY BECOMING the registered owner of this Certificate, the registered owner thereby acknowledges all of the terms and provisions of the Certificate Ordinance, agrees to be bound by such terms and provisions, acknowledges that the Certificate Ordinance is duly recorded and available for inspection in the official minutes and records of the governing body of the Issuer, and agrees that the terms and provisions of this Certificate and the Certificate Ordinance constitute a contract between each registered owner hereof and the Issuer. 16 d e Agenda No. Agenda Item - IN WITNESS WHEREOF, the Issuer has caused this Certificate to be signet with the manual or facsimile signature of the Mayor of tht Issuer and countersigned with the manual or facsimile signature of the City Secretary of the Issuer, and has caused the official seal of the Issuer to be duly impressed, or placed in facsimile, on this Certificate. City Secretary, City of Denton, Texas Mayor, City of Denton, Texas (CITY SEAL) FORM OF PAYING AGENTIREGISTRAR'S AUTHENTICATION CERTIFICATE PAYING AGENT/REGISTRAR'S AUTHENTICATION CERTIFICATE It is hereby certified that this Certificate has been issued under the provisions of the Certificate Ordinance described on the face of this Certificate; and that this Certificate has been issued in conversion of and exchange for or replacement of a certificate, certificates, or a portion of a certificate or certificates of an issue which originally was approved by the Attorney General of the State of Texas and registered by the Comptroller of Public Accounts of the State of Texas. TEXAS COMMERCE BANK NATIONAL ASSOCIATION, DALLAS, TEXAS Paying Agent/Registrar Dated By Authorized Representative (INSERT BOND INSURANCE LEGEND, IF ANY) 17 5 Agenda No. Agenda Item FORD OF ASSIGNK.zNT. Date ASSIGNMENT FOR VALUE RECEIVED, the undersigned registered owner of this Certificate, or duly authorized representative or attomey thereof, hereby assigns this Certificate to (Assignee's Social (print or typewrite Assignee's name and Security or Taxpayer address, including zip code) Identification Number and hereby irrevocably constitutes and appoints attorney to transfer the registration of this Certificate on the Paying Agent/Registrar's Registration Books with full power of substitution in the premises. Dated: Signature Guaranteed: NOTICE: Signature(s) must be Registered Owner guaranteed by an eligible guarantor NOTICE: This signature must institution participating in a correspond with the name of the securities transfer association Registered Owner appearing on recognized signature guarantee the face of this Certificate. program, Section S. TAX LEVY. A special Interest and Sinking Fund (the "Interest and Sinking FtLid") is hereby created solely for the benefit of the Certificates, and the Interest and Sinking Fund shall be established and maintained by the Issuer at an official depository bank of the Issuer. The Interest and Sinking Fund shall be kept separate and apart from all other funds and accounts of the Issuer, and shall be used only for paying the interest on and principal o`the Certificates. All ad valorem taxes levied and collected for and on account of the Certif -ates shall be deposited, as collected, to the credit of the Interest and Sinking Fund. During each year while any of the Certificates or interest thereon are outstanding and unpaid, the governing body of the Issuer shalt compute and ascertain a rate and amount of ad valorem tax which will be sufficient to raise and produce the money required to pay the interest on the Certificates as such interest becomes due, and to provide and maintain a sinking fund adequate to pay the principal of its Certificates as such principal matures (but never less than 2% of the original principal amount of the Certificates as a sinking fund each year); and said tax shall be based on the latest approved tax rolls of the Issuer, with 18 M S f i Agenda N0. - Ape Ida Item full allowance being made for tax delinquencies and the cost of tax collection.'Yae rate an amount of ad valorem tax is hereby levied, and is hereby ordered to be levied, against all taxable property in the Issuer for each year while any of the Certificates or interest thereon are outstanding and unpaid; and said tax shall be assessed and collected each such year and deposited to the credit of the aforesaid Interest and Sinking Fund. Said ad valorem taxes sufficient to provide for the payment of the interest on and principal of the Certificates, as such interest comes due and such principal matures, are hereby pledged for such payment, within the limit prescribed by law. Section 9. SURPLUS REVENUES. The Certificates additionally shall be payable from and secured by surplus revenues, to the ex tent hereinafter permitted, derived by the Issuer from the ownership and operation of the Issuer's Utility System (consisting of its combined waterworks system, sanitary sewer system, and electric light and power system) remaining after (a) payment of all amounts constituting operation and maintenance expenses of said Utility System, and (b) payment of all debt service, reserve, and other requirements and amounts required to be paid under all ordinances heretofore or hereafter authorizing (i) all bonds and (ii) all other obligations not on a parity with the Certificates, which are payable from and secured by any Utility System revenues, and (c) payment of all amounts payable from any Utility System revenues pursuant to contracts heretofore or hereafter entered into by the Issuer in accordance with law (the "Surplus Revenues"). If, for any reason, the Issuer fails to deposit ad valorem taxes levied pursuant to Section 9 hereof to the credit of the Interest and Sinking Fund in an amount sufficient to pay, when due, the principal of and interest on the Certificates, then Surplus Revenues, to the extent hereinafter permitted, shall be deposited to the credit of the Interest and Sinking Fund and used to pay such principal and/or interest. A maximum aggregate of $10,000 of Surplus Revenues may be used to pay principal and/or interest on the Certificates and any obligations on a parity therewith. The Certificates and any obligations on a parity therewith are not, and shall not be deemed to be, payable from or secured by any Surplus Revenues in excess of an aggregate of $10,000. Until and unless an aggregate of $10,000 of Surplus Revenues actually is used to pay any such principal and/or interest, additional obligations, payable from and secured by all or any remaining unused part of said aggregate of $10,000 of Surplus Revenues, may be issued by the Issuer on a parity with the Certificates and any other then outstanding parity obligations, with the Certificates and aIl such additional parity obligations to be payable from and secured equally and ratably by all or any remaining unused part of said aggregate. The Issuer reserves, and shall have, the right to issue bonds, and other obligations not on a parity with the Certificates, and to enter into contracts, in accordance with applicable laws, to be payable from and secured by any Utility System revenues other than the aggregate of S 10,000 of Surplus Revenues as described above. The Certificates are on a parity with those issues of City of Denton Certificates of Obligation. Series 1987, Series 1987-A, Series 1989, Series 1989-A, Series 1991, Series 1992, Series 1993, Series 1993-A, Series 1994 and Series 1995 (the "Outstanding Certificates"), as permitted in the Ordinances authorizing same; and it is hereby found and determined that none of the above defined Surplus Revenues have ever been used to pay any principal and/or interest on the Outstanding Certificates. Section 10. DEFEASANCE OF CERTIFICATES. (a) Any Certificate and the interest thereon shall be deemed to be paid, retired, and no longer outstanding (a "Defeased Certificate") within the meaning of this Ordinance, except to the extent provided in subsection (d) of this Section, when payment of the principal of such Certificate, plus interest thereon to the d-re date either (i) shall have been made or caused to be made in accordance with the terms thereof, or (ii) shall have been 19 4 F L I Agenda No._ Agenda Item _ Date` provided for on or before such due date by iTevocabiy depositing with or making available to the Paying Agent/Registrar for such payment (l) lawful money of the United States of America sufficient to make such payment or (2) Government Obligations which mature as to principal and interest in such amounts and at such times as will insure the availability, without reinvestment, of sufficient money to provide for such payment, and when proper arrangements have been made by the Issuer with the Paying Agent/Registrar for the payment of its services until all Defeased Certificates shall have become due and payable. At such time as a Certificate shall be deemed to be a Defeased Certificate hereunder, as aforesaid, such Certificate and the interest thereon shall no longer be secured by, payable from, or entitled to the benefits of, the ad valorem taxes herein levied and pledged as provided in this Ordinance, and such principal and interest shall be payable solely fror., such money or Government Obligations. (b) Any moneys so deposited with the Paying Agent/Registrar may at the written direction of the Issuer also be invested in Government Obligations, maturing in the amounts and times as hereinbefore set forth, and all income from such Government Obligations received by the Paying Agent/Registrar which is not required for the payment of the Certificates and interest thereon, with respect to which such money has been so deposited, shall be turned over to the Issuer, or deposited as directed in writing by the Issuer. (c) The term "Government Obligations" as used in this Section shall mean direct obligations of the United States of America, including obligations the principal of and interest on which are unconditionally guaranteed by the United States of America, which may be United States Treasury obligations such as its State and Local Government Series, which may be in book-entry form. (d) Until all Defeased Certificates shall have become due and payable, the Paying Agent/Registrar shall perform the services of Paying Agent/Registrar for such Defeased Certificates the same as if they had not been defeased, and the Issuer shall make proper arrangements to provide and pay for such services as required by this Ordinance. Section 11. DAMAGED, MUTILATED, LOST, STOLEN, OR DESTROYED CERTIFICATES. (a) Replacement Certificates. In the event any outstanding Certificate is damaged, mutilated, lost, stolen, or destroyed, the Paying Agent/Registrar shall cause to be printed, executed, and delivered, anew certificate of the same principal amount, maturity, and interest rate, as the damaged, mutilated, lost, stolen, or destroyed Certificate, in replacement for such Certificate in the manner hereinafter provided. (b) Application for Replacement Certificates. Application for repl.cement of damaged, mutilated, lost, stolen, or destroyed Certificates shall be made by the registeree owner thereof to the Paying Agent/Registrar In every case of loss, theft, or destruction of a Certificate, the registered owner applying for a replacement certificate shall furnish to the Issuer and to the Paying Agent/Registrar such security or indemnity as may be required by them to save each of them harmless from any loss or damage with respect thereto. Also, in every case of loss, theft, or destruction of a Certificate, the registered owner shall furnish to the Issuer and the Paying Agent/Registrar evidence to their satisfaction of the loss, theft, or destruction of such Certificate, as the case may be, In every 20 'v F Y Agenda No. ~_1-•- Ageii Date case of damage or mutilation of a Certificate, the registered owner shall surrender to the Paying Agent/Registrar for cancellation the Certificate so damaged or mutilated, c No Default Occurred. Notwithstanding the foregoing Provisions of this Section, in the event of any such Certificate shall have matured, and no default has occurred which is then continuing in the payment of the principal of, or interest on the Certificate, the Issuer may authorize the payment of the same (without surrender thereof except in the case of a damaged or mutilated Certificate) instead of issuing a replacement Certificate, provided security or indemnity is furnished as above provided in this Section. (d) Charge for Issuing Replacement Certificates. Prior to the issuance of any replacement certificate, the Paying Agent/Registrar shall charge the registered owner of such Certificate with all legal, printing, and other expenses in connection therewith. Every replacement certificate issued pursuant to the provisions of this Section by virtue of the fact that any Certificate is lost, stolen, or destroyed shall constitute a contractual obligation of the Issuer whether or not the lost, stolen, or destroyed Certificate shall be found at any time, or be enforceable by anyone, and shall be entitled to all the benefits of this Ordinance equally and proportionately with any and all other Certificates duly issued under this Ordinance. (e) Authority for Issuing Replacement Certificates. In accordance with Section 6 of Vernon's Ann. Tex. Civ. St. Art. 717k-6, this Section of this Ordinance shall constitute authority for the issuance of any such replacement certificate without necessity of further action by the goventing body of the Issuer or any other body or person, and the duty of the replacement of such certificates is hereby authorized and imposed upon the Paying Agent/Registrar, and the Paying Agent/Registrar shall authenticate and deliver such Certificates in the form and manner and with the effect, as provided in Section 6(d) of this Ordinance for Certificates issued in conversion and exchange for other Certificates. Section 12, CUSTODY, APPROVAL, AND REGISTRATION OF CERTIFICATES; CERTIFICATE COUNSEL'S OPINION, CUSIP NUMBERS, PREAMBLE AND INSURANCE. The Mayor of the Issuer is hereby authorized to have control of the Initial Certificate issued hereunder and all necessary records and proceedings pertaining to :tie Initial Certificate pending its delivery and its investigation, examination, and approval by the Attorney General of the State of Texas, and its registration by the Comptroller of Public Accounts of the State of Texas. Upon registration of the Initial Certificate said Comptroller of Public Accounts (or a deputy designated in writing to act for said Comptroller) shall manually sign the Comptroller's Registration Certificate on the Initial Certificate, and the seal of said Comptroller shall be impressed, or placed in facsimile, on the Initial Certificate. The approving legal opinion of the Issuer's Bond Counsel and the assigned CUSIP numbers may, at the option of the Issuer, be printed on the Initial Certificate or on any Certificates issued and delivered in conversion of and exchange or replacement of any Certificate, but neither shall have any legal effect, and shall be solely for the convenience and information of the registered owners of the Certificates. The preamble to this Ordinance is hereby adopted and made a part hereof for all purposes. If insurance is obtained on any of the Certificates, the Initial Certificate and all other Certificates shalt bear an appropriate legend concerning insurance as provided by the insurer. 21 Y !1 Agenda No. _ Agenda ter Date Section 13. COVENANTS REGARDING TAX-E)aWTION. The Issuer covenants to refrain from taking any action which would adversely affect, and to take any action required to ensure, the treatment of the Certificates as obligations described in section 103 of the Code, the interest on which is not includable in the "gross income" of the older for purposes of feeeral income taxation. In furtherance thereof, the Issuer covenants as follows: (a) to take any action to assure that no more than 10 percent of the proceeds of the Certificates or the project financed therewith (less amounts deposited to a reserve fund, if any) are used for any "private business use", as defined in section 141(bx6) of the Code or, if more than 10 percent of the proceeds or the project financed therewith are so used, such amounts, whether or not received by the Issuer, with respect to such private business use, do not, under the terms of this Ordinance or any underlying arrangement, directly or indirectly, secure or provide for the payment of more than 10 pe cent of the debt service on the Certificates, in contravention of section 141(b)(2) of the Code; (b) to take any action to assure that in the event that the "private business use" described in subsection (a) hereof exceeds 5 percent of the proceeds of the Certificates or the project financed therewith (less amounts deposited into a reserve fund, if any) then the amount in excess of 5 percent is used for a "private business use" which is "related" and not "disproportionate", within the meaning of section 141(b)(3) of the Code, to the governmental use; (c) to take any action to assure that no amount which is greater than the lesser of $5,000,000, or 5 percent of the proceeds of the Certificates (less amounts deposited into a reserve fund, if any) is directly or indirectly used to finance loans to persons, other than state or local governmental units, in contravention of section 141(c) of the Code; (d) to refrain from taking any action which would otherwise result in the Certificates being treated as "private activity bonds" within the meaning of section 141(b) of the Code; (e) to refrain from taking any action that would result in the Certificates being "federally guaranteed" within the meaning of section 149(b) of the Code; (f) to refrain from using any portion of the proceeds of the Certificates, directly or indirectly, to acquire or to replace funds which were used, directly or indirectly, to acquire investment property (as defined in section 148(bx2) of the Code) which produces a materially higher yield over the term of the Certificates, other than investment property acquired with (1) proceeds of the Certificates invested for a reasonable temporary period of 3 years or less, or in the case of a refunding certificate for a period of 30 days or less, until such proceeds are needed for the purpose for which the certificates are issued, (2) amounts invested in a bona fide debt service fund, within the meaning of section 1.148-1(b) of the Treasury Regulations, and 22 s F Agenda No. . 1_ _ Agenda Item 0ate (3) amounts deposited in any reasonably required reserve or replacement fund to the extent such amounts do not exceed 10 percent of the stated principal amount (or, in the case of a discount, the issue price) of the Certificates; (g) to otherwise restrict the use of the proceeds of the Certificates or amounts treated as proceeds of the Certificates, as may be necessary, so that the Certificates do not otherwise contravene the requirements of section 148 of the Code (relating to arbitrage), Section 149(g) of the Code (relating to hedge bonds), and, to the extent applicable, section 149(4) of the Code (relating to advance refundings); and (h) to pay to the United States of America at least once during each five-year period (beginning on the date of delivery of the Certificates) an amount that is at least equal to 90 percent of the "Excess Earnings", within the meaning of section 148(f) of th- Code and to pay to the United States of America, not later that 60 days after the Certificates have been paid in full, 100 percent of the amount then required to be paid as a result of Excess Earnings under section 148(f) of the Code. (i) to maintain such records as will enable the Issuer to fulfill its responsibilities under this section and section 148 of the Code and to retain such records for at least six years following the final payment of principal and interest on the Certificates. For purposes of the foregoing (a) and (b), the Issuer understands that the term "proceeds" includes "disposition proceeds" as defined in the Treasury Regulations and, in the case of refunding bonds, transferred proceeds (if any) and proceeds of the refunded bonds expended prior to the date of issuance of the Bonds. It is the understanding of the Issuer that the covenants contained herein are intended to assure compliance with the Code and any regulations or rulings promulgated by the U.S. Department of the Treasury pursuant thereto. In the event that regulations or rulings are hereafter promulgated which modify, or expand provisions of the Code, as applicable to the Certifi- cates, the Issuer will not be required to comply with any covenant contained herein to the extent that such failure to comply, in the opinion of nationaIIy-recognized bond counsel, will not adversely affect the exemption from federal income taxation of interest on the Certificates under section 103 of the Code. In the event that regulations or rulings are in furtherance of such intention, the Issuer hereby authorizes and directs we Mayor and/or the Director of Finance of the Issuer to execute any documents, certificates or reports required by the Code and to make such elections, on behalf of the Issuer, which may be permitted by the Code as are consistent with the purpose for the issuance of the Certificate. In order to facilitate compliance --ith the above covenant (h), a "Rebate Fund" is hereby established by the Issuer for the sole benefit of the United States of America, and such fund shall not be subject to the claim of any other person, including without limitation, the owne s of the Certificates, The Rebate Fund is established for the additional purpose of compliance with Section 148 of the Code. Section 14. SALE OF INITIAL CERTIFICATE. The Initial Certificate is hereby sold and shall be delivered to , for cash for the par value thereof and accrued interest thereon to date of delivery, plus a premium of S It is hereby officially 23 S ti F C P Agenda No. Agenda I em found, determined, and declared that the Initial Certificate has been sold at public sale to the bidder offering the lowest interest cost, after receiving sealed bids pursuant to an Official Notice of Sale and Bidding Instructions and Official Statement dated , 1996, prepared and distributed in connection with the sale of the Initial Certificate. Said Official Notice of Sale and Bidding In- structions and Official Statement, and any addenda, supplement, or amendment thereto have been and are hereby approved by the Issuer, and their use in the offer and sale of the Certificates is hereby approved. It is further officiaily found, determined, and declared that the statement, and representa- tions contained in said Official Notice of Sale and Official Statement are true and correct in all material respects, to the best knowledge and belief of the City Council and the Issuer. SeLKion 15. INTEREST EARNINGS ON CERTIFICATE PROCEEDS. Interest earnings derived from the investment of proceeds from the sale of the Initial Certificate shall be used along with other proceeds for the purposes for which the Certificates are issued; provided that after completion of such purposes, if any of such interest earnings remain on hand, such interest earnings shall be deposited in the Interest and Sinking Fund. It is further provided, however, that any interest earnings on certificate proceeds which are required to be rebated to the United States of America pursuant to Section 13 hereof in order to prevent the Certificates from being "arbitrage bonds" within the meaning of the Code shall be so rebated and not considered as interest earnings for the purposes of this Section. Section 16. DTC REGISTRATION. The Certificates initially shall be issued and delivered in such manner that no physical distribution of the Certificates will be made to the public, and The De,-,sitory Trust Company ("DTC"), New York, New York, initially will act as depository for the Certificates. WC has represented that it is a limited purpose trust company incorporated under the laws of the State of New York, a member of the Federal Reser%a System, a "clearing corporation" within the meaning of the New York Uniform Commercial Code, and a "clearing agency" registered under Section 17A of the federal Securities Exchange Act of 1934, as amended, and the Issuer accepts, but in no way verifies, such representations. The Initial Certificate authorized by this Ordinance shall be delivered to and registered in the name of the Purchase_ However, it is a condition of delivery and sale that the Purchaser, immediately after such delivery, shall cause the Paying Agent/Registrar, as provided for in this Ordinance, to cancel said Initial Certificate and deliver in exchange therefor a substitute Certificate for each maturity of such Initial Certificate, with each such substitute Certificate to be registered in the name of CEDE & CO., the nominee of DTC, and it shall be the duty of the Paying Agent/Registrar to take such action. It is expected that DTC will hold the Certificates on behalf of the Purchaser and/or the DTC Participants, as defined and described in the Official Statement referred to and approved in Section 14 hereof (the "DTC Participants"). So long as each Certificate is registered in the name of CEDE & CO., the Paying Agent/Registrar shall treat and deal with DTC in all respects the same as if it were the actual and beneficial owner thereof. It is expected that DTC will maintain a book entry system which will identify beneficial ownership of the Certificates by DTC Participants in integral amounts of $5,000, with transfers of ownership being effected on the records of DTC and the DTC Panicipants pursuant to rules and regulations established by them, and that the substitute Certificates initially deposited with DTC shall be immobilized and not be further exchanged for substitute Certificates except as hereinafter provided The Issuer is not responsible or liable for any functions of DTC, will not be responsible for paying any fees or charges with respect to its services, will not be responsible or liable for maintaining, supervising, or reviewing the records of DTC or the DTC Participants, or protecting any interests or 24 1 .'Y Agenda No. Agenda Item-C~G rights of the beneficial owners of the Certificates. It shall be the duty of the Pu atF.- d ran the DTC Partici giants to make all arrangements with DTC to establish this book-entry system, the beneficial own;rship of the Certificates, and the method of paying the fees and charges of DTC. The Issuer does not represent, nor does it in any way covenant that the initial book-entry system established with DTC will be maintained in the future. The Issuer reserves the right and option at any time in the future, in its sole discretion, to terminate the DTC (CEDE & CO.) book-entry only registration requirement described above, and to permit the Certificates to be registered in the name of any owner. If the Issuer exercises its right and option to terminate such requirement, it shall give written notice of such termination to the Paying Agent/Registrar and to DTC, and thereafter the Paying Agent/Registrar shall, upon presentation and proper request, register any Certificate in any name as provided for in this Ordinance. Notwithstanding the initial establishment of the foregoing book-entry system with DTC, if for any re3con any of the originally delivered substitute Certificates is duly filed with the Paying Agent/Registrar with proper request for transfer and substitution, as provided for in this Ordinance, substitute Certificates will be duly delivered as provided in this Ordinance, and there will be no assurance or representation that any book-entry system will be maintained for such Certificates. Section 17. CONQUANCE WITH RULE 15c2-12. (a) Annual Reports (i) The Issuer shall provide annually to each NRMSIR and any SID, within six months after the end of each fiscal year ending in or after 1996, financial information and operating data with respect to the Issuer of the general type included in the final Official Statement authorized by Section 14 of this Ordinance, being the information described in Exhibit A hereto, which Exhibit is attached to and incorporated in this Ordinance as ifwritten word for word herein. Any financial statements so to be provided shall be (1) prepared in accordance with the accounting principles described in Exhibit A hereto, or such other accounting principles as the Issuer may be required to employ from time to time pursuant to state law or regulation, and (2) audited, if the Issuer commissions an audit of such statements and the audit is completed within the period during which they must be provided. If the audit of such financial statements is not complete within such period, then the Issuer shall provide unaudited financial statements by the required time and will provide audited financial statements for the applicable fiscal year to each NRMSIR and any SID, when and if the audit report on such statements become available. (ii) If the Issuer changes its fiscal year, it will notify each NRMSIR and any SID of the change (and of the date of the new fiscal year end) prior to the next date by which the Issuer otherwise would be required to provide financial information and operating data pursuant to this Section. The financial information and operating data to be provided pursuant to this Section may be set forth in full in one nr more documents or may be included by specific reference to any document (including an ofi'cial statement or other offering document, if it is available from the MSRB) that theretofore has been provided to each NRMSIR and any SID or filed with the SEC. (b) Material Event Notices The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any of the following events with respect to the Certificates, if such event is material within the meaning of the federal securities laws: 1. Principal and interest payment delinquencies; 25 i ti Agenda No, _ Agenda Item 2. Non-payment related defaults; bat _ 3, Unscheduled draws on debt service reserves reflecting financial difficuhies; 4. Unscheduled draws on credit enhancements reflecting financial difficulties; 5. Substitution of credit or liquidity providers, or their failure to perform; 6. Adverse tax opinions or events affecting the tax-exempt status of the Certificates; 7. Modifications to rights of holders of the Certificates; 8. Certificate calls; 9. Defeasances; 10. Release, substitution, or sale of property securing repayment of the Certificates; and 11. Rating changes. The Issuer shall notify any SID and either each NRMSIR or the MSRB, in a timely manner, of any failure by the Issuer to provide financial information or operating data in accordance with subsection (a) of this Section by the time required by such subsection. (c) -Limitations. Disclaimers and Amendments. (i) The Issuer shall be obligated to observe and perform the covenants specified in this Section for so long as, 'L at only for so long as, the Issuer remains an "obligated person" with respect to the Certificates within the meaning of the Rule, except that the Issuer in any event will give the notice required by Subsection (b) hereof of any Certificate calls and defeasance that cause the Issuer to no longer be such an "obligated person". (ii) The provisions of this Section are for the sole benefit of the registered owners and beneficial owners of the Certificates, and nothing in this Section, express or implied, shall give any benefit or any legal or equitable right, remedy, or claim hereunder to any other person. The Issuer undertakes to provide only the financial information, operating data, financial statements, and notices which it has expressly agreed to provide pursuant to this Section and does not hereby undertake to provide any other information that may be relevant or material to a complete presentation of the Issuer's financial results, condition, or prospects or hereby undertake to update any information provided in accordance with this Section or otherwise, except as expressly provided herein. The Issuer does not make any representation or warranty concerning such information or its usefulness to a decision to invest in or sell Certificates at any future date. (iii) UNDER NO CIRCUMSTANCES SHALL THE ISSUER BE LIABLE TO THE REGISTERED OWNER OR BENEFICIAL OWNER OF ANY CERTIFICATE OR ANY OTHER PERSON, IN CONTRACT OR TORT, FOR DAMAGES RESULTING IN WHOLE OR IN PART 26 z V 1~Y 1 r' ` .t 1. Agenda No. Ag:,ida Item - FROM ANY BREACH BY THE ISSUER, WHETHER NEGLIGENT OR 1 49I^' ITS PART, OF ANY COVENANT SPECIFIED IN THIS SECTION, BUT EVERY RIGHT AND REMEDY OF ANY S~ TCH PERSON, IN CONTRACT OR TORT, FOR OR ON ACCOUNT OF ANY SUCH BREACH •`.IALL BE LIMITED TO AN ACTION FOR MANDAMUS OR SPECIFIC PERFORMANCE. (iv) No default by the Issuer in observing or performing its obligations under this Section shall comprise a breach of or default under the Ordinance for purposes of any other provision of this Ordinance. Nothing in this Section is intended or shall act to disclaim, waive, or otherwise limit the duties of the Issuer under federal and state securities laws. (v) The provisions of this Section may be amended by the Issuer from time to time to adapt to changed circumstances that arise from a change in legal requirements, a change in law, or a change in the identity, nature, status, or type of operations of the Issuer, but only if (1) the provisions of this Section, as so amended, would have permitted an underwriter to purchase or sell Certificates in the primary offering of the Certificates in compliance with the Rule, taking into account any amendments or interpretations of the Rule since such offering as well as such changed circumstances and (2) either (a) the registered owners of a majority in aggregate principal amount (or any greater amount required by any other provision of this Ordinance that authorizes such an amendment) of the outstanding Certificates consent to such amendment or (b) a person that is unaffiliated with the Issuer (such as nationally recognized bond counsel) determined that such amendment will not materially impair the interest of the registered owners and beneficial owners of the Certificates. If the Issuer so amends the provisions of this Section, it shall include with any amended financial information or operating data next provided in accordance with subsection (a) of this Section an explanation, in narrative form, of the reason for the amendment and of the impact of any change in the type of financial information or operating data so provided. The Issuer may also amend or repeal the provisions of this continuing disclosure agreement if the SEC amends or repeals the applicable provision of the Rule or a court of final jurisdiction entersjudgment that such provisions of the Rule are invalid, but only if and to the extent that the provisions of this sentence would not prevent an underwriter from lawfully purchasing or selling Certificates in the primary offering of the Certificates. { (d) Definitions As used in this Section, the following terms have the meanings ascribed to such terms below: "MSRB" means the Municipal Securities Rulemaking Board. WWISIR" means each person whom the SEC or its staff has determined to be a nationally recognized municipal securities information repository within the meaning of the Rule from time to time. "Rule" means SEC Rule 15c2-12, as amended from time to time. "SEC" means the United States Securities and Exchange Commission. 27 y 4 F Agenda No.- Agenda Item s-~ "SID" means any person designated by the State of Texas or an autho_ rized department, officer, or agency thereof as, and determined by the SEC or its staff to be, a state information depository within the meaning of the Rule from time to time. Section 18. FURTHER PROCEDURES. The Mayor of the Issuer, the City Secretary of the Issuer, and all other officers, employees, and agents of the Issuer, and each of them, shall be and they are hereby expressly authorized, empowered, and directed from time to time and at any time to do and perform all such ads and things and to cxg-ute, acknowledge, and deliver in the name and under the corporate sea] and on behalf of the Issuer ai! such instruments, whether or not herein mentioned, as may be necessary or desirable in order to carry out the terns and provisions of this Certificate ! Ordinance, the Certificates, the sale of the Certificates, and the Notice of Sale and Official Statemer.t; and the Director of Finance of the City shall cause the expenses of issuance of the Certificates to be paid from the proceeds of sale of the initial Certificate or from other lawfully available funds of the Issuer. In case any officer whose signature shall appear on any Certificate shall cease to be such officer before the delivery of such Certificate, such signature shall nevertheless be valid and sufficient for all purposes the same as if such officer had remained in office until such delivery. Section 19. OPEN MEETINGS. The City Council has fr4ind and detemmined that the meeting at which this Ordinance is considered is open to the public and that notice thereof was given in accordance with the provisions of the Texas Open Meetings, Law, Tex. Gov't. Code, Chapter 551, as amended. Section 20. EFFECTIVE DATE. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. Mayor ATTEST; Jennifer Walters, City Secretary 4y; APPROVED AS TO LEGAL FORM: Herbert L. Prouty, City Attomey By:~ 28 it it roa F~ Agenda No._lIL- -I- Agenda Item EXHIBIT A Datd' - DESCRIPTION OF ANNUAL FINANCIAL INFORMATION The following information is referred to in Section 17 of this Ordinance: Annual Financial Statements and Operating Data The financial information a-id operating data with respect to the Issuer to be provided annually in accordance with such Section aie as specified (and incl-ded in the Appendix or under the tables of the Official Statement referred to) below: Tables numbered 1 through 14, inclusive, under the captions "Tax Information", "Debt Service Requirements" and "Financial Information" in the Official Statement. Appendix B in the Official Statement. Accounting Principles The accounting principles referred to in such Section are the accounting principles described in the notes to the financial statements referred to in the paragraph above. F Agenda No. ` o1 Agenda Item Date r-ITY COUNCIL REPORT FORMAT DATE: May 1, 1996 TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Property Purchase - Dobbs Residence at 808 Alice RECOMMENDATION: Approve ordinance authorizing acquisition of real property located at 808 Alice street from Jack A. Dobbs and Janice M. Dobbs SUMMARY /BACKf-.,ROUND: This house was constructed in about 1957 which was prior to the Flood Prevention and Protection requirements established by ordinance in the late 1970'x. This house is located within the designated floodway of North Pecan Creek. The Dobb's sustain flooding problems each time the rain reaches a specific length and/or intensity. PROGRAMS. DEPARTMENTS OR GROUPS AFFECIF L. Capital Improvement Projects, Engineering and Transportation, Drainage Division and Mr. and Mrs. Dobbs FISCAL IMPACT: $100,000 is allocated through the Capital Improvement projects program. RE CTF Y UBMITTED: R c Sve a Acting City Manager Prepared/Approved by: uqfry C ac D1 cdtor rf Engineering & Transportation AEE00605 I .a a r• Agenda No, O Agenda Item MEMO Qate To: Rick Svehla, Acting City Manager From: Jerry Claik,P.E. Subject: Flood Prevention- rchasing Dobbs Property Date: April 30, 1996 The property located at *VAlice Street has a history of flooding that dates back prior to the North Lakes Dams and then again in recent years. Floodwaters have risen up the was of the house more than 24" in recent years. The Dobbs had floodproofed the house which prevented most damages but placed them in a very tenuous situation that potentially affected their health, safety, and welfare. The drainage system that would have partially alleviated their situation would have cost about 5400,000 and reworking the culverts in front of their home another $300,000+. This project proposes to purchase the Dobbs home including the lot and for them to clear the house off it of which they are allowed to salvage anything for $100,000. A $5,0D0 rtainage is to be held to insure that the lot is cleared of the house and they will be allowed 180 days to vacate the premises. This hore. is located well below the street and the existing culvert is crowned up over the street in front of their home. These are the primary causes of the flooding which is severe enough that it needs to be addressed immediately. Their is some vacant grassy area ajacent that can be combined with this land to create a nice picnic area or such. The entire lot is in the floodway and should not be resold or redeveloped but should be reserved for channel improvements such as widening or to Emit encroachment at this unsized culvert that regularly is overtopped around each side of the crowned center. Staff recommends the purchase of this lot and home with the structure being demolished by the owners as part of the payment of 5100,000. The project is right on the budget of 5100,000 allocated by the City Council and Blue Ribbon Committee. F ?AWPD0CS\0RD\D0BBS,0kD Agenda No.% Q Agenda item + Date- ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON# TEXAL", AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTr,ACT BETWEEN THE CITY AND JACK A. DOBBS AND JANICE M. DOBBS FOR THE PURCHASE OF REAL PROPERTY IN ACCORDANCE WITH THE CAPITAL IMPROVEMENTS PROGRAM FOR DRAINAGE; AUTHORIZING THE EXPENDI-maE 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 Jack A. Dobbs and Janice M. Dobbs for the purchase of real property in accordance with the capital improvements program for drainage and authorizes the City Manager to execute the agreement on behalf of the City. SEG"TiON I_ That it authorizes the expenditure of funds in accordance with the terms of the agreement. SECTION iii. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: /%L.~ w Agenda No. Agenda Item 0a18 REAL ESTATE CONTRACT STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT OF SALE is made by and between Jack A. Dobbs and wife Janice M. Dobbs (hereinafter referred to as "Seller") and CITY OF DENTON, TEXAS, a home rule municipality, of Denton, Lenton County, Texas, (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land known as 808 Alice Street, Denton, Denton County, Texas, being more particularly described in Exhibit A attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-o€-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "Property") together with any improvements, fixtures, and personal property situated on and attached to the Property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. However, it is expressly understood that the seller, at their own expense (within 60 days after date of closing) remove the house, foundations, outbuildings and any other improvement necessary to leave the lot clear and free of any and all obstructions (concrete flat work, drives and sidewalk may remain; any and all landscaping, trees and natural vegetation will be permitted to remain). PURCHASE PRICE 1. Amount of Purchase Prime. The purchase price for the Property shall be the sum of $100,000.00 (minus closing cost such as cost of title policy, escrow fees, preparation of deed, etc). 2• Payment ~f Pur hasp Pric An amount of Purchase Price shall be payable in cash at the closin95'000 of the as provided for within this contract), and the City of D(minus cost enton will lotais not0 cl ared, lot is willebeausedato clear lot. Any excess funds will be paid to seller. r. t Agenda No. ^ Agenda ! m Date 1 PURCHASER'S OBLIGATIONS The obligations of Purchaser hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following conditions any of which may be waived in whole or in part by Purchaser at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title company (hereinafter defined) to issue a pre- liminary title report (the 'Title Report') accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the Property. Purchaser shall give Seller written notice on or before the expiration of ten (10) days after Purchaser re- ceives the Title Report that the condition of title as set forth in the title binder is or is not satisfactory, and in the event Pur- chaser states the condition is not satisfactory, Seller shall, at Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (1.0) days after receipt of written notice, this Agreement shall thereupon be null and void fr.r nll 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. Survev. Upon written request by Purchaser delivered to Seller contemporaneously with Purchaser's delivery of an executed original of this Agreement, Seller shall within twenty (20) days from the date hereof, at Purchaser's sole cost and expense, deliver to Purchaser a current survey of the Property, prepared oy a duly licensed Texas land surveyor acceptable to Purchaser. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. Purchaser will have ten (10) days after receipt of the survey to review and approve the survey. In the event t,.e survey is unacceptable, then Purchaser shall within the ten (10) day period, give Seller written notice of this fact. Seller shall, at Seller's option, promptly undertake to eliminate or modify the unacceptable portions of the survey to the reasonable satisfaction of Purchaser. In the event Seller is unable to do so within ten (10) days after receipt of written notice, Purchaser may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit shall be returned by the Title Company to Purchaser. Purchaser's failure to give Seller this written notice shall be deemed to be Purchaser's acceptance of the survey. PAGE 2 j U Adihda No. A Ida ttem Da)A~~^ 3• 9&U=LL=9 omflliance. 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: 1. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers. 2. Except for the prior actions of Purchaser, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the Property, or any part thereof, nor to the best knowledge and belief of Seller is any such proceeding or assessment contemplated by any governmental authority. 3. Seller has complied with all applicable laws, ordinances, regulations, statutes, rules and restrictions relating to the Property, or any part thereof. 4. To the best of the seller's knowledge, 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 I Comprehensive Environmental Response Compensation and Liability Act I (CERCLA), as amended. CLOSING The closing shall be held at the office of Dentex Titlp m n on or before Igo, 1~ 1996, 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 dates"). CLOSING REQUIREMENTS 1. Seller's R agirements. At the closing Seller shall: A. Deliver to Purchaser a duly executed and acknowledged General Warranty Deed conveying good and marketable title in fee simple to all of the Property, free and clear of any and all liens, encumbrances, conditions, easements, assess- ments, and restrictions, except for the following: PAGE 3 K Ageig-C AgenDate 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 Obligationg here- of; and 3. Any exceptions approved by Purchaser in writing. B. Deliver to Purchaser a Texas Owner's Title Policy at Seller's sole expense, issued by Dentex Title Company, (the "Title Company"), or such title company as Seller and Purchaser may mutually agree upon, in Purchaser's favor in the full amount of the purchase price, insuring Purchaser's fee simple title to the Property subject only to those title exceptions listed in Closing R auirem n A such other exceptions as may be aroved hereof, Purchaser, and the standard printed except exceptions writin ai ed in the usual form of Texas Owner's Title Policy, provided, however: 1. The boundary and survey exceptions shall be deleted if required by Purchaser and if so required, the costs associated with same shall be borne by Seller; 2. The exception as to reFtrictive cove- nants shall be endorsed "None of Record"; 3. The exception 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 R Qvtreme~ts. Purchaser shall pay the pay the consideration as referenced in the "Purchase Price" section of this contract at Closing in immediately available funds. 3. Closing Costs. Seller shall pay all taxes assessed by any tax jurisdiction through the date of Closing. PAGE 4 Q F Agenda IJo._ C (0 Agenda Item 1 Date All other costs and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION Any real estate commissions occasioned by the consummation of this Agreement shall be the sole responsibility of Seller, and Seller agrees to indemnify and hold harmless Purchaser from any and all claims for these commissions. BREACH BY SELLER In the event Seller shall fail to fully and timely perform any of its obligations hereunder or shall fail to consummate the sale of the Property except Purchaser's default, Purchaser may either enforce specific performance of this Agreement or terminate this Agreement. BREACH BY PURCHASER In the event Purchaser should fail to consummate the purchase of the Property, the conditions to Purchaser's obligations set forth in PURCHASER'S OBLIGATIONS having been satisfied and Purchaser being in default Seller may either enforce specific performance of this Agreement, or terminate this Agreement. MISCELLANEOUS 1. ~ianment of Agreement. This Agreement may not be assigned by Purchaser without the express written consent of Seller. 2. Survival of Covenan s. Any of the representations, war- ranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. 4. Texas Law to Apply. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. PAGE 5 G f y V F Agenda ND._ Agenda I em Date 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. Leval 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 u erG e4 This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence Time is of the essence in this Agreement. 9. Gender. Words of any gender used in this Igreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. 10. Memorandum of Con t. Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable f-.)r filing of record. 11. "omo_ = _e. In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that !L- should be furnished with or obtain a policy of title insurance or Purchaser should have the abstract covering the Property examined by an attorney of Purchaser's own selection. 12. Tka-kimit. the event a exe(.ed copy Agreement has not beenieturned to Sellerlwithinuthirt ( of this after Seller executes this Agreement and delivers same to Purchaser, Seller shall have the right to terminate this Agreement upon written notice to Purchaser. PAGE 6 F Y P.J4nda No. ADmda Item,. DATED this _ day of 1996. SELLER PURCHASER j THE CITY OF DENTON, TEXAS I I By: By: J -"k A, Dobbs Ted Benavides City Manager 215 E. McKinney Denton, Texas 76201 anice M. Dob s APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: STATE OF TEXAS COUNTY OF DENTON T s instrument was acknowledged before me on this ~ day of e a , 1996 by Jack A. Dobbs. NotCa~ blic in and for Texas STATE OF TE%AS COUNTY OF DE,NTON Thi instrument was acknowledged before me on this day of 1996 by Janice M. Dobbs. Not PubM in and y for Texas PAGE 7 9 F Agenda No- Agenda I m Date " STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, on this day of 1996 by Ted Senavides 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 purposes and consideration therein expressed, znd in the capacity therein stated. Notary Public in and for Texas AM O ED8 PAGE 8 ii F Agenda No.~}}`1 Agenda Item ARZ Date ' DATE: May 7, 1996 CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Rick Svehla, Acting City Manager SUBJECT: Correcting Legal Description RECOMMENDATION: None. SUMMARY: A minor error was discovered in the legal description for Ordinance 94-037A. Ordinance 96-059, v:i, ch amended said Ordinance 94-037A, is also in error since it referenced 94-037A. This ordinance is to correct the legal description of Ordinance 94-037A, acd amend 96-059 by incorporating the corrected legal description. BACKGROUND: Mr. William Dahlstrom, on behalf of Mr. Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 21/2 stories to 3 stories for 11.92 acres located on the southeast corner of Bernard and Collins Streets. On February 28, 1996, the Planning and Zoning Commission recommended approval of the amendment to 94-037A and the City Council found such amendment to 94- 037A to be in compliance with the Denton Development Plan , and approved Ordinance 96-059 to effect the change in zoning. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. I A9rnda No. / Agenda Item Respectfully submitted: Dare ^ -j~ Rick Svehla Acting City Manager Prepared by: alter E. Reeves, Jr. Urban Planner Approved: rank Robbins, AICP Director Planning and Development Attachment': Ordinance. i M F M ' 1 ti t • 2-96-902.7] ATTACHMENT 1 agenda No. Agenda Ilem Dale ' ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 94-037A AND 96-059, BY APPROVING A CORRECTED LEGAL DESCRIPTION APPLICABLE TO BOTH; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Mr. William Dahlstrom, on behalf of Mr. Craig Irwin, initiated an amendment to Ordinance 94-037A to increase the density from twelve (12) dwelling units per acre to sixteen (16) dwelling units per acre, and to increase the maximum allowed building height from 2% stories to 3 stories for 11.92 acres located on the south- east ccrner of Bernard and Collins Streets; and WHEREAS, on February 28, 1996, the Planning and Zoning Commis- sion recommended approval of the amendment to Ordinance 94-037A; and WHEREAS, the City Council found that such amendment to Ordi- nance 94-037A was in compliance with the Denton Development Plan, and approved ordinance 96-059 to effect the change in zoning; and WHEREAS, it was subsequently discovered that the legal description attached to Ordinance 94-037A contained a minor error; and WHEREAS, the City Council finds that the error was minor and not material to any zoning uses allowable on the property, nor to any prior decision to zone or rezone the property, and that Ordinances 94-037A and rhould be further amended to correct the legal description attached thereto; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION That Ordinance 94-037A is hereby amended by replacing the legal description attached thereto with the legal description attached hereto and incorporated herein as Exhibit 1. SECTION II. That Ordinance 96-059 is hereby amended to incorporate by reference the corrected legal description attached hereto and incorporated by reference herein as Exhibit 1. SECTION III. That a copy of this ordinance shall be attached to all copies of Ordinances 94-037A and 96-059, showing the changes herein made. Agenda No. Agenda It m Date ACTION iy. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. ATTEST: BOB CAST LEBERRY, MAYOR JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY I I PAGE 2 FIELD Agenda No._1 item NOTES Agenda 11.92 Acre Z MrV DkMa Trent Date acre trKt a par+csl of land ahd In qN Atexandsi IINI Nh~ ncOrdad In YoIuMM 2P7 ' Tiaas and being aH of that tract c MVM 10 Deis AbftM by dood OM of TIn Sun Coon ' pop M nsal ROPUty nk~ Of sold county and old of Lot One, (Nock Oft Of d M Snot •f `won' a"'~bn to the MY Of Dwdw. as M996 pope 390 Plat P M of ~ shown by plat or in d P oulry de.cribb of 90 w+d and Collars ghigto esle NSMehtp at a W4" ken pin found now a cro"Ve fens corner pook Mod pln wry Ihta Of Boomer of Bald kwln trot, also bsMg in the occupbd sq Of Street; TMnos South 00 dooms 63 n--.rwrta 23 sea*", WON wltlt the 6141 One Of sad hYM tract a dt trroe of 440.0 test to a hdNnch hon pin found near a hnos comer, poK sold pIn being M1e southeast comer Of sold lrwfn tract, also being the soonest corner of sad Lot One; Thence 00 One 0 4 Yn~a of dooms 49 VUS fast a eoft fence pat for the sat Mee of sold W Lot MW of Lot One; rpNd soutlteewt Them South M degrees 31 mbr ft 19 second. VIM a dlshnoe of 9oo.S9 fMt to a hWNnch Iron pin found 0 the Most soulherfy southwest corner of lot One, sane bobq the sowhsast caner of • trot oorwry~ to Kenneth M. llendrlek by deed raoorded In Volume 1220, page 466 neat property %coo ; Thence NOM northeast cans of ardc lie 00 n"M M doe o test a the ~ r e0A1'W 10 htrkic Prett by deed recorded In Volum /24ti, soft of o f M tract perty cw* and MAIrm" On o ~f datrtce of 120.00140 to a 1~ no Iron pin fou nd at the northeast Wow of add Prlt tract, srns being an Inner of comer of add Lot One; Thence South N dsones 31 minifies It seconds Woo a dl0ance of 16o.33 het to s GMs OVW sealed Iron rod found In the seat"of way line of Bw w Street for the most "WWII southwest corner Of sold Lot One; Thom North 00 dsgreee 00 minube 44 wconde Ew wffh tM asst dqM of way Ile of ft w Strsst a dhstana of 97.75 het to • half.lnO Iron pin found at the n" wsalsrn natlmW oorrnr of sold Lot One, sane being the southwoo corner of a tram eonwyed to David MwWmg st of by deed recorded in Votune I"#$ pps 707 peM property Asoar~s; Thence NWth M dWaft 60 Minutees 03 eeoonde East s dWWce of 126.00 het to a MlWich Iron pin found at the southsr_st corner of add Mlsnning tract, soma being an Inner ell corner of said Lot One; Thence North 00 depsm 00 nnIrnube 44 seconds East a Balance of 00.03 feet to a half- ~ o Inch Iron pin found at the most n0llftly Mmd West corner of odd Lot One, acme being l r the northeast comer of aid Msnnkng tract; Theme North M degrees 65 minulas 60 seconds EM: with tha north line of odd Lot One a distance of 21.16 feat to a hell-Inch Iron pit found at the nest M--1 I aouthweel Comer of aid Irwin tact, W" being ft oou"MM caner of shat VM oo+wyed to O. W. O'flaar by deed noo►ded In Volume M, pop 246 deed Records; Thence North 01 depose 03 minutes 31 seconds last a dlelence of Mill fast to a hdMnoh Iron pin found for on Inner ell comer of odd Irwin trsat, erne being the norrrseet corner of a WM corve to Harvey L. lbemore by deed receded In Vat ens li01, pegs 46 Deed Amoordo; Thwroe gi&A N depses 40 n*%" 20 seconds WOK passkp at a dlalNnq of 1411.N feet a jog on kon pin found in in acc pW met dght-of-way nna of samard sprat, canna bekq tin earrl+weo caner of said kwin bvK and oondfvAV on a toot detsna of 1M.M fast to s point intin paverna of Ilarnard sprat;; Them North 00 degresa 01 minutes 60 sseonds East following en Imaginary Oft In said lemerd SOW pant a deiarm of 303.08 foal to a point In this >ntarssotlon of lsmard'beet and Collins SOW; Thanes North sedegrees 27 ni nAes 59 sscands East following en inrginary bo in tin peverrnernt of Collins 9Meet a dlsbmp I of 777.61 feet to a point for tin nor""d comer o.1 tin lmskl deeotbed tract; Therm South 00 depses !W nnlnuNe 92 esoornds Wed a distance of 14.00 feet to tin pimps of fleginning, contsir" in ant 11.92 acres of land. 9 F ApeAlNlo,ft AgenDate DATE: May 7, 1996 CITY COUNCIL REPORT REGULAR SESSION TO: Mayor and Members of the City Council FROM: Rick Svehla - Acting City Manager SUBJECT: Summer Youth Program (JTPA) - Contractor Agreement RECOMMENDATION: It is the staff's recommendation that the City Council adopt an ordinance authorizing the Mayor to execute an agreement with North Texas Education & Training Co-op, Inc. to provide a Summer Youth Program. The program would be administered within the Job Partnership Training Act (JTPA) provisions for disadvantaged youth in Denton. SUMMARY On February 23rd, the Council discussed the possibility that funding for the federal JTPA program would be cut. The potential consequences to the youth that participate in this program were outlined as well as the impact of lost labor to the City. Council also examined alternatives for funding this program should the federal government not include funds for the 1996 summer program. The agreement with North Texas Education and Training Co-op would continue the same program as for the 1995 summer JTPA program using JTPA eligibility criteria and administration guidelines. The agreement has been written to cover only the additional costs above the anticipated costs being funded in the Federal budget to implement a JTPA Summer Youth Program. PROGRAM, DEPART ENTS OR GROUPS AFFECTED: Students in the JTPA program have been placed in most City departments. I FISCAL IMPACT: This agreement would provide for 40 students over 10 weeks at $4.15 per hour. As shown in Attachment I, the total estimated cost for locating students, training, placing in jobs, paying them over the 10 weeks, and administering the program according to the JTPA guidelines is $94,760. Funding from the City will come from utility funds and general government funds as shown in Attachment II. Currently, it is anticipated that the Federal budget will provide for 75% of the cost of this program. Any funding authorized in the Federal budget to cover this program will reduce the overall costs. a R f F. AQinDoti A4ei;#fL May 7, 1996 CM Report to City Council - North Texas Education & Training Agreement - JTPA Program Page 2 Respectfully submitted: Rick Sveh a Acting City Manager Prepared by: Thomas W. line Director of Human Resources Appr ve b I• ~ I Betty c an Execute a Director of Municipal services and Economic Development crpt9Ed2.tk Prepared: 41f9196 a a Agenda ND. 01 Agenda Item ILE '1- 9 Data ATTACHMENT I i i T rwu~ VI~ i!t f Apdnda No. r Agonde Item Date Statement oj' Work City of Denton Summer Youth Project Summer 1996 North Texas Education & Training Co-op, Inc. 117 E. Warren Denton, Texas 76202 1 ~I I . F Agin a Item i~ato~ '1r-- NORTH TEXAS EDUCATION & TRAINING COOP, INC. Statement of Work City of Denton Summer Youth Project Period of Agreement: This Contract shall be in effect from April 15, 1996 until September 15, 1996. Purpose: The purpose of this Contract is to provide primary services to individuals ages 16 through 21 who are economically disadvantaged and who have barriers to employment as determined by JTPA law and regulations and who meet all other eligibility requirements to include residency in the city of Denton, Texas. Primary Service categories for the purpose of this contract are defined as orientation, intake, application and certification, assessment, testing, Individual Service Strategy (ISS), mentoring/tutoring, pre-employment work marwity, career counseling and/or exploration development, youth competencies programs, job referral and placement as further described in this contract and any amendments during the entire contract period thereof. &091 The scope of this Contract is to provide the City of Denton with forty (40) quality Job Training Partnership Act (JTPA) eligible youth ages 16 to 21 years old. The employment program and services will be provi Jed during the period of this Agreement in accordance with the provisions of: the Job Training Partnership Act, Public Law 97.300, regulations promulgated unJer the Act and requirements from the city of Denton human resource department. All salaries will be paid at minimum wage (54.25 per hour) for the period of ten (10) weeks and will include FICA and coverage by a workers' cempernsation policy. Payment of FICA and the workers' comp premium is inclusive in the amount of this contract. Program Resp nsffi'litiet: Performance of this Contract shall be the responsibility of the Contractor hereafter known as NTETC: NTETC shall administer city funds for this project in a manner consistent with the Act, the ]TPA regulations, the U. S. Department of Labor's Financial Management Manual and the Texas Department of Commerce's Financial Management Manual, the requirements contained in accordance with provisions specified in the contract and any and all amendments approved by the City of Denton. NTETC will provide the following services, and staffing, necessary for coordinat- )n and provision of y services to eligible City of Denton youth clients: 2 4 r 1. Sk ice Plan/iRz,09 nr Desien: Agenda Ita,r Date NTETC will provide primary services and youth payroll in the delivery of Job Training Partnership Act (J.T.P.A.) youth program for the city of Denton. These services are designed to provide Denton youth with education through work experience and work based learning. Activities include those actions designed to bring economically disadvantaged youth into the program, to assess their needs, interests, and capabilities, match the selected youth with positions provided by the City III of Denton and to develop and implement a plan of action for achie%ing their continuing education and future employment goals. i The sequence of activities available to youth seeking employment/education opportunities (as appropriate to the individual) include: 1) Orientation; 2) Application/Intake; .J) CertificatiorVEligibility/Initial Assessment (to include suitability determination) and/or referral; 4) Objective Assessment; resulting in an S) Individual S:rvice Strategy OSS), 6) Pre-Employment Work Maturity, Career Exploration Workshop, Job Club, Counseling, and Basic/Remedial Education; 7) Core Training Activities: Work Experience, Youth Competencies programs: 8) post assessment of the individual youth participant. The intended outcome of the J.T.P.A. training and services is return to school or unsubsidized job placement as outlined in the act. Objectives will include the demonstration of achievement or improvement in cognitive employability skills, hands on experience in a real work environment with an average of at least a 2.5 evaluation score by work site supervisors, and grade level gains in basic skills by those participating in remedial programs. Payroll Services North Texas Education & Training Co-op will collect time sheets end run payroll checks every other week. All youth will be paid $4.25 per hour for 40 hours a week. Hourly rate charged to the city will be at $5.15 per hour to cover workers' compensation and FICA payments for these summer employees. This project will last for a period often (10) weeks total. All remaining contracted time wid be used for program start-up and close-out. Two weeks prior to the beginning of a new month, a reuuest for funds will be made to the designated department for an amount not to exceed a one month projected payroll and administration fees. Within two weeks after the end of a calendar month, a report (see attachment) will be submitted to the designated city department showing the actual amount of expenditures for the prior month plus total costs for the project to date. Reinibursenrent of Funding: In the event that the U.S. Congress passes funding for a federal summer youth program, the liability for the City of Denton will be handled as fol6ws: a) Limited funding: All agencies, including the City of Denton would receive a pro-rata number of yolah based on the ratio of funding received for 1996 vs. 1995. Any additional youth employed by the City would be at the City's expense based on the hourly rate defined in this contract. 3 a F b) Full funding: 1) If the City of Denton's youth program had begun and salaries had been earned for those employed by the program funding could not be reimbursed for salaries already expended; however, all remaining finding would be returned (with the exception of minimal actual administrative expenses to that time) and JTPA would pick up salaries for those youth for the remainder of the year. 2) If kids had been placed in jobs with the City but no salaries had been carried, only planning end administrative expense fees actually expended = t to that point would be charged and all remaining funds would be returned to the City. 3) If no kids had been placed in jobs, no funding would be required for the City of Denton and any a o monies already provided to North Texas Education and Training Co-op would be returned in full. z Orientation Prior to the application process, all interested individuals will be given a thorough orientation to JTPA services; eligibility requirements, program goals, and orientation to complaint procedures. This process will promote understanding of the City's summer program and services available, the application process, what the program expectations are and how the services may benefit the individual. Orientation may be presented to a group or given individually. Other orientations will be targeted for : 1) )TPA certified applicants prior to enrollment, 2) Pre-employment Work Maturity training, and, 3) City work site supervisors. Orientations for JTPA certified applicants designed to acquaint them with a basic knowledge and understanding of the City's summer youth program and work responsibilities will be held. This orientation will include topics such as work rules, grievance procedures, counseling services, tips on how to keep a job; including the role of the supervisor, payroll and time sheet information and schedules, and tips on managing money. The pre-progm-n orientation will take from one to four hours dependent upon the number of youth orientated at a time. A more extensi%a orientation to the world of work and career counseling will be offered and is described later in the Statement of Work. The orientation for City of Denton work site supenisors will be offered several times prior to enrollment of participants. All work site supervisors are required to attend at least one session. This orientation should cover the purpose of the Summer Youth Employment and training Program (SYETP), job descriptions, supervisor responsibilities, time and attendance procedures, work hours, lunch and break times, holidays and leaves, participant compensati-)n and benefits, payroll procedures of NTETC, JTPA time sheets and attendance records, instruction in the evaluation of each participant's improvement in psychomotor employability skills during the work experience, applicable child labor laws, emerr.ncy information, grievance procedures and civil rights, termination procedrres, and the NTET~7 contact person and applicable telephone number. Each supervisor will receive a Work Site Supervisor's Handbook, SCANS, and a copy of the Child Labor Law Bulletin. 3. Application and Intake Cerlfcation (EnrollmentlSelection Criterint, North Texas Education and Training Co-op is staffed with qualified personnel in each outreach office. NTETC will ensure that determination of eligibility of each applicant for employment with the City of Denton is in accordance with Section 301(a) of the Job Training Partnership Act. 4 a :.1 A enda Item The NTETC Youth Career Specialist, in most instances will handle the intake RR~~ce an -t0 001 chool youth rather than having them try to get a ride into the agency. The Specia`lls~t comp etc assist the participant to complete) the application by interviewing and screening the applicant, discerning areas needed for documentation of possible eligibility for all JTPA programs, obtaining releases for needed information, answering any questions and making referrals to other agencies as appropriate. Once an application is complete, including all verification documents pertaining to eligibility such as U.S. birth certificate, address verification, family income, selective service status (if applicable), handicapped status, etc.... the applicant will be scheduled for a certification interview. If a person is found to be inel;gible or unsuitable prior to the certification interview, they will be referred to other know^t community resources that may better suit their individual needs. This referral process will also take place if a person has been found ineligible after the certification interview. 4. 04iecr", Assessmenr The objective assessment Frocess is designed to determine pre-employment work maturity, aptitudes/abilities, interests, personal goals, and educational deficiencies that will be used in developing an appropriate Individual Service Strategy. Testing, interviewing and counseling are tools to be used by staff in the assessment process. Assessment will actually begin during the intake/certification/initial assessment process as barriers to employment are identified. After cc reification and the suitability determination, a more focused approach to assessment will begin with the individual being scheduled for and tested for functional skill levels and interests. The minimal skills to be measured are reading and math. More comprehensive areas of testing may be done if needed. Some individuals may be exempted from testing if they have disabilities that create barriers to valid testing. In these cases, assessment data will be collected from other reliable sources if available and meets the need of the participant. In addition to academic testing, NTETC will assess interest and aptitude as indicated by individual need. Outside sources may also be utilized for more comprehensive testing needs in both assessment of basic skills and work specific skills. A Career Exploration Workshop is provide,i as an additional assessment tool. During this three day workshop the youth can review and evaluate his work values, decision making abilities, analyze adaptive and transferrable skills, interests, aptitudes and use this self evaluation to explore future careers which indicate a good match and chance for success if pursued. Assessments of school reports, work experience, and work related skills are also reviewed by the Career Specialist. All assessments that have been completed will be brought together to form a picture of where the individual stands in relation to future employment goals. During the ISS session, short and long term goals are identified. Employment readiness will be reviewed ;ncluding academic, pre-employment, vocational, personal characteristics, and employment history assessments. Barriers to employment, based on these assessments and personal needs will be targeted for evaluation. The strategy will evolve as the identification of specific needs to accomplish goals unfolds. The Service Plan will then outline the JTPA services and the objectives of these services towards meeting the individual's employment or ed,.rcation goal P. d an activity assignment, to include time lines or referral to employment with the City of Denton wiN made. • Youths determined to be one or more years behind grade level in basic education skills will be referred to available JTPA remcdiation; 5 k ' Youths determined to be deficient in pre-employment skills Agenda ite arl a- um o 16 hours of labor market/pre-employment work maturity training. The applicant will review the plan, sign the plan stating agreement and certify understanding of the purpose of JTPA, his/her activity assignment. goals, civil rights, complaint procedure, participant limitationof s, and obligations, rules and benefits associated with enrollment. The participant will receive a copy this "Individual Service Strategy" and a copy will be kept in their official file. S. COre T_, raining. Pre-Employment Work Maturity -16 + Hours Pre-employment work maturity (PEWM) will be offered by NTETC to all students referred to the City for employment. This program will offer a minimum of 16 hours training and world of work information for youth ages 16 to 21. The NTETC curriculum for PEWM is a competency based program connecting school to work by incorporating the SCANS skills in job seeking, getting, and keeping as well as personal development including basic life skills. Pre-employment Work maturity(PE", ) may also occur v<;th other entities beside NTETC, such as local school districts, alternative education programs, anC usher JTPA contractors. Refer to the charts for a curriculum outline. ,fork Experience C!Ie of thr, largest components of the City of Denton program, work experience will offer forty (40) youth who need to gain work maturity and job experience a full or part time work assignment at specified positions within city departments. The program will be managed by a Youth Career Specialist and additional assigned Specialists and suppxrt staff. After a survey of participating work sites, the participant will be oriented by the Specialist and together the most appropriate City job opportunity will be selected; the participant will then schedule an interview. If the participant is not selected, the selection process starts over and continues until appropriate placements are identified. Monitoring and evaluation of the work sites will be continuous to ensure success and accomplishment of the City of Denton program goals. 6. r i Send Career Erploratiox Workshops - Three (3) Day Workshop As stated earlier in this statement of work, the Career Exploration Workshop provides clients with world of work information, occupational guidance to include non-traditional employment for women, an interest inventory, work values, decision making, skills analysis and finally, and provides assistance in the individual selection of an occupational goal. Pie rse refer to the charts for a curriculum outline. Job Development /Placement - Time as Required 6 t is x NTETC will offer placement assistance for youth ready for subsidized employment, yet lacking or needing review in labor market information and/or successful job search. The best and most qualified youth will be selected to fill city positions. T. Instructional methods/malerials: Agenda No.-9&_0 19 Ager.daaIIto s~~ r Pre-Emplayment lf'ark Maturity Curriculum Outline Date I Introduction to SCANS Work Value and Ethics Job Seeking, Networking & Newspaper Search Master Application Resume Interview Self Esteem and Being Unique Cultural Diversity Sexual Harassment Stress Management Decision Making Time Management Money Matters Career Exploration Curriculum Outline Stress Management Attitude Transferable Skills Work Values Self Esteem & Self Image Career Interest Inventory (SDS) Use of Career Resource Material (OOH, GOE, DOT) Decision Making Time Management 3udgets Non-Traditional Employment for Women & Men Occupational Outlook Selecting a School Financial Aide/Loan Counseling 7 Y f AgeLimk-iV4-- BUDGET CITY OF DENTiUN 118}i AjenFOR SUMMER YOUTH PROGRAM 1996 :`„p'}YT A ♦)afv` ~°.4 pXW JU IX 3. C IK`~'yC \ ~,.(,~~}i.' }A C µ~£,a M /~jt I~1r. ~aw~}~G AAA )M.;Y.a 1TV+. f1,~Y r f.~X<l Elm ` Al .,t}a+*,~. Payroll for 40 youth Hourly Inc, Workers' Comp $5.15 Hours per week 40 Total for 10 Weeks SM400 Administration - Payroll and $12,360 Following Acttsitles Pre•Employmant Work Maturity* for 40 youth Included Job Specific Sklar 7ii,'rdng* Included Total Budget $94,760 fSYptaudons of these components are to the statement of work v is k Agenda Ro. Agenda Item -4Z r- Date City of Denton Summer Youth Project Monthly Report Report Submitted by: Contract Amount: $94,760 North Texas Education 8 Training Total Weeks Current Payroll Payroll Budget Month To Date Payroll Amt. To Date Budget Remaining May, 1996 June, 1996 July, 1996 August, 1996 I Cummulative Expen0tures through Estimated Cash Needs for the Month of. Total Projected Outlays (Line 1 + Line 2) Less: Cash Previously Received: ( ) Amount Now Requested: I~ I hereby certify to the best of my Signature of Preparer Date knowledge & belief that this report is correct 3 that all outlays & obligations Signature of Certifying Official Date are for the purposes set forth in the contract documents. Title of Official: Executive Director This Report Is Due to the City of Denton by the 16th Calendar Day of Each Month y1 t Agenda ND, Agenda item Date ATTACHMENT II i c • y....h .1. r.r~ AW41 ttMl CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY • DENTON, TEXAS 76201 (8171566-a200 • DFW METRO 434.2529 MEMORANDUM TO: Rick Svehla, Acting City Manager FROM: Kathy OUBose, Executive Director of Finance._Y DATE: March 19, 1996 SUBJECT: JTPA PR03RAM FUNDING I've attachF-d a proposal from Lloyd Webb, Executive Director of the North Texas Education and Training Co-op, for a Summer Youth Employment Program similar to that of JTPA. The total estimated cost for 40 youth working 40 hours per week for 10 weeks is $94,760. At the City Council's request, I have analyzed the General Fund financial records in an attempt to identify funding sources for a program to replace 112 of the unfunded JTPA program. The remaining 1/2 can be funded by the Utility funds utilizing personal services allotted for temporary/seasonal help and salary savings. I've identified several General Fund possibilities to consider: 1. Campus Theater expenses have been substantially less than anticipated. $24,000 2. Budgeted renovations to the Municipal Judge's area have been deemed unnecessary by Judge Ramsey. $13,500 3. Budgeted funds for the Police Department's Alternate Promotional System will not be utilizsd• $10,01;0 TOTAL $47.60Q As you are aware, the City Charter allows transfers of budget allocations across agency lines only during the last three months of the fiscal year. Until that budget adjustment can be accomplished, contingency funds would have to be used. If you have any questions, please let me know. X0Ab APFO11a° "DedicareJ to Qualify Service" r E Agenda No.1. _ d . Agenda Item Date ` C1T!'OFDENTON TEXAS MUNICIPACBUliDING DENTON, TEXAS 76201 7ELEPHONE817.5664. Office of the City Secretary 1 MEMORANDUM DATE: May 3, 1996 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Agenda Item 012F The Legal Department h&s supplied the ordinance for the JTPA agreement and a preliminary contract. There will be some minor revisions made to the contract between now and Tuesday night with an updated version to be placed on your desks Tuesday evening. Je e' lters Ci Sec tary ACCOOOF4 "Dedicated to Quality Service" rrrsrc.ora Agenda No. I Agenda Item V2116 Date-3"33ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A CONTRACT FOR SERVICES WITH NORTH TEXAS EDUCATION & TRAINING CO-OP, INC.; AUTHORIZING THE EXPENDITURE OF FUNDS IN AN AMOUNT NOT TO EXCEED $94,760; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is authorized to execute an agreement with North Texas Education & Training Co-op, Inc., in a form substantially similar to the agreement attached hereto as Exhibit A, and subject to final approval by the City Attorney. SECTION II_ That the City Manager is hereby authorized to expend funds in an amount not to exceed $94,760 in satisfaction of the City's obligations under the agreement as finalized. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 3996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ~r Y tl Agenda Mo , 96, Agenda Item _ Date and the candidates shall assume the duties of their office on the date that they take the official oath of office. PASSED AND APPROVED this the day of 1996. BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRIXTY, CITY ATTORNEY BY: PAGE 5 T - e o Agenda No. Agenda I1em-7 - Date "BOB CASTLEBERRY" WHEREAS, Bob Castleberry has served as Mayor of the City of Denton since May, 1990; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding contributions of Bob Castleberry, and his efforts to make Denton a better city; and WHEREAS, Bob Castleberry, among his many contributions to the community, has been instrumental in the location to Denton of the Exposition Mills Outlet Center, Camping World, Hartzell Manufacturing, FEMA National Teleregistration Center and Processing Center, Wal-Mart Super Store, Lowes, Marc Myers Distribution Center; the expansion of Peterbilt and the location of their division headquarters, the a pansion of Jostens, Safety Kleen, Russell Newman, Ben E. Keith, and Weathertrol Supply; the location of Applebee's, Good Eats, Red Lobster, Cracker Barren, and Outback Steak Haase; as a member of the Agenda Committee and Audit Committee, and his work on entranceway beautification; and WHEREAS, Bob Castleberry has always served above and beyond the efficient discharge of his duties in promoting the w•elfa<e and prosperity of the City, and has earned the full respect of his fellow Councilrnembers, colleagues and citizens of Denton and loss of his services will be keenly felt; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of Bob Castleberry, felt by the citizens and staff of the City of Denton, be formally conveyed to him in a permanent manner by readine this Prd o:~S E Agenda No. L O ~.f Agenda 11om Date "BOB CASTLEBERRY" WHEREAS, Bob Castleberry has served as Mayor of the City of Denton since May, 1990; and WHEREAS, the City of Denton has been extremely fortunate in having enjoyed the dedicated and outstanding contributions of Bob Castleberry, and his efforts to make Denton a better city; and WHEREAS, Bob Castleberry, among his many contributions to the community, has been instrumental in the location to Denton of the Exposition Mills Outlet Center, Camping World, Hartzell Manufacturing, FEMA National Teleregistration Center and Processing Center, Wal-Mart Super Store, Lowes, Marc Myers Distribution Center; the expansion of Peterbilt and the location of their division headquarters, the expansion of Jostens, Safety Kleen, Russell Newman, Ben E. Keith, and Weathertrol Supply; the location of Applebee's, Good Eats, Red Lobster, Cracker Bartell, and Outback Steak House; as a member of the Agenda Committee and Audit Committee, and his work on entranceway beautification; and WHEREAS, Bob Castleberry 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 Councilmembers, colleagues and citizens of Denton and loss of his services will be keenly felt; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: That the sincere and warm appreciation of Bob Castleberry, felt by the citizens and staff of the City of Denton, be formally conveyed to him in a permanent manner by reading this Resolution into the official minutes of the City of Denton, and forwarding to him a true copy thereof, and BE IT FURTHER RESOLVED: That the City of Denton does hereby officially and sincerely extend its thanks to the Honorable Bob Castleberry for his long and successful career as a member of the Denton City Council PASSED AND APPROVED this the day of 1996. I MAYOR ROINI BEASLEY DAVID BILES EULINE BROCK JERRY COTT JEFF KRUEG--R CARL YOUNG ATTEST: APPROVED AS TO LEOAL FORM: JENNIFER WALTERS, CITY SECRETARY HERBERT L. PROUTY, CITY ATTORNEY BY: BY: _ r3 5 1. Agenda No. 'Q . agenda Ito Date CITYOF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE 817 5M-W07 Office of the City Manager MEMORANDUM TO: Rick Svehla, Acting City Manager FROM: Betty Williams, Executive Secretary DATE: April 15, 1996 SUBJECT: Wall of Honor According to the established procedure, letters commending city employees for quality service which are displayed on the Wall of Honor were replaced on April 15, 1996. Attached are copies of new letters which will be exhibited for the next threw months. The letters taken down will be placed in a scrapbook which is maintained by the City Manager's Office. We wish to extend our congratulations to each of these employees on their excellent efforts to serve the citizens of Denton. Betty illiam Executive Secretary AMMMA 'Dedicated to Quality Servke" 4 r n Agenda No. `(3 Agenda Item WALL OF HONOR April 15, 19% Tom Klinck, Director of Human Resources Gary Collins, Director of Information Services Jerry Clark, Director of Engineering/Transportation Dave Dickey, Data Base Manager, Information Services Tony Smith, Planing/GISiEngineering Tech III Noni Kull, Animal ControVConsumer Health Manager Bobby Morris, Lead Utility Line, Tech., Electric Distribution Mike Perkins, Supervisor, Solid Waste, Commercial/Residential Gary Bennett, Commercial Driver, Solid Waste Richard Brewster, Recreation Specialist I, Parks & Recreation Debbie Cates, Bacti. Laboratory Technician, Wastewater Laboratory Kirt Behrens, Crew Leader, Water/Wastewater Field Services Joe Bershas, Maintenance Worker I, Water/Wastewater Field Services Derrall Johnson, Utility Tech. I, Water/Wastewater Field Services Captain Tim Tarlton, Fire Department Bill Cornell, Lead Tree Trimmer, Electric Distribution Cruz Torres, Tree Trimmer, Electric Distribution Rudy Sanchez, Tree Trimmer, Electric Distribution 1 • 4 4 F ,PV s Agenda tem Gale ~(o November 14, 1993 Thomas W. Klinck, Director of Human Resources City of Denton, TX 601 East Hickory St Denton, TX 76205 Dear Thomas W. Klinek, I want to thank you for the interesting and informative orientation for new City employees held on November 3, 1995. 1 was impressed with the variety of information given to all of us in our diverse positions with the City of Denton. It would be quite simple to go about my usual tasks at the Public Library Literacy Program and not be mindful of all the oebers involved making our unique city function as it does. Having had the orientation you offer lets me know I am never alone in my efforts to do a good job and serve the citizens of Denton as beat I can. I am happy to be a part of the City of Denton. I love this area and and of course, Denton. I now know that many people have a hand in helping create a safe and desirable place to live and to raise a family. Thank you and your staff for making my job even more rewarding. If 1 can ever be of additional service to you or your staff# let at know. My position is a part time, federal grant with limited opportunity to actually advance to full time, permanent employment. I know that the City of Denton has a variety of work opportunities. Again, I am vsry happy to e a part of our organization. Thank you for your ti Frances McKinnon Cc-Coordinator for Adult Literacy Emily Fowler Library Denton, TX 76201 817-383-7738 i+ t e ApenEa Nd.~^~ DENTON CENTRAL APPRAISAL DISTRICT Agenda ire 3911 MORSE STREET t Josflg:%gisl&9 P.O. BOX 2816 DENTON, TEXAS 76202.2816 817-SWO904 December 14, 1995 Mayor Bob Castleberry City of Dentor. 215 E. McKirney St Denton, T3xas 76202 Mayor Castleberry: I am writing this letter in appreciation of the assistance recently provided to DCAD by City of Denton employees Gary Collins, Jerry Clark, Davs Dickey, and Tony Smith. DCAD was preparing to purchase a GIS system which was a fcrmtdable task for our employees. The employees named above offered assistance that we gladly accepted. Their advise and recommendations were of substantial value. We have now awarded the bid for a GIS system, All indications are that we are headed In the right direction. I { believe that had it not been for these City of Denton employees, a difficuN road would lie ahead. Again, I would like to thank you for the assistance of your employees. Sincerely, Joe Roge v t F i' W A, ' Agenda I em ' 40 gem Oa. DEC 15 1995 ~ • cm•cf ;:;;ronr 0 CV"O&. To all the folks in the animal control senIces. This past y-car I had the a1irful tune ofha►ij ig one of my cats fi lled bya couple of roving dogs. This liras so i erydifficult • forme as she had lived to ih me for 16 years and stas re-allt a member of myfanzily. . One (or is tot of the coniml officers • was so kind as to be instnumental in havhig the owners of those dogs keep them uestrained thereafter. Just recently a "it'll" (ash) not owned/ chose puppy took up residence hi myneighborhood. I was told .hyanelgIbor, liostthe "forces" came geared up for the chase. I onn' iilsh someone lead it on 0(kotape, I ttould hate loved to hate seen the effectis eness of this amazing captiie crest. The bottom fine is I think this department ofpeople Is doh)g an hlcmdil.)lyrgieatJob and I arm most appreciatit e. It 15 so comfading to see people realt v tjy, to do the hest Jo.`) they can. You obt ions]),take guide hu your stork and a Job well done. Yourefforts and success are apparent and 1 for one applaud you. I stish you all a very is ondeuftil Christmas and a givat New Year. Much hick to you all. ~ 11711) gratitude, Jan Slones 0 r ` r Agenda No. Agenda Item Date S 9 CITY MANAGER 201 E. MCKINNEY DENTON, TX 76201 DEAR SIR, I WANTED TO TAKE A MOMENT TO EXPRESS MY SINCERE APPRECIATION FOR A JOB WELL DONE. MY LAWN MAN SUGGESTED THAT I CALL THE CITY ABOUT SOME LIMBS, FROM A DECAYING MAPLE TREE, THAT WERE GROWING THROUGH THE ELECTRICAL LINES IN FRONT OF MY HOUSE AT 2309 PANHANDLE. THE CITY WAS NOTIFIED LATE FRIDAY AFTERNOON. MONDAY MOP,NING, MR. BOBBY MORRISS WAS AT MY FRONT DOOR, AND TUESDAY MORNING AT 8:30 A.M., A VERY POLITE, COURTEOUS, AND PROFESSIONAL CREW BEGAN REMOVING NOT ONLY THE LIMBS, BUT THE ENTIRE TREE DOWN TO THE ROOTS. IT WAS EXTREMELY COLD, BUT THESE MEN DID A WONDERFUL JOB. IT CERTAINLY REVIVES 'fHE SPIRIT TO SEE THESE YOUNG MEN GO bEYON-D ANY OF MY EXPECTATIONS. UNFORTUNATELY, I DID NOT GET THE NAMES OF THE MEN IN MR. MORRISS'S CREW, BUT I'M IN HOPES THAT EACH WILL RECEIVE A COPY OF THIS LETTER EXPRESSING MY HEARTFELT GRATITUDE. THESE MEN ARE A CREDIT TO THEIR DEPARTMENT. WHAT A JAINDERFUL CHRISTMAS SURPRISE SIN~CERELY~~DID ROSE POWELL i 0 t 5 f t Keep Denton Beautiful P.O. Box 374 ♦ Denton, Texas 76202 ♦ 817- 66-8537 Agenda No. (0-n Agenda Item _ December 19, 1995 Gate Risk Svehla Acting City Manager 215 E. McKinney Denton, Texas 76201 Dear Mr. Svehla: The Keep Denton Beautiful Board would like to express our thanks to the hard work and dedication of Mike Perkins and Gary Bennett in the Soild Waste Division. These individuals moved two of the trolley benches to new locations. The size and weight of the benches made it difficult for us to arrange for volunteers to perform the task. Mike and Gary volunteered to assist upon hearing our need for service. We appreciate their willingness to volunteer. We would also like to express our thanks to all the Solid Waste employees who help to make the city a cleaner and more beautiful community. They have assisted us during clean-ups, made pick-ups on Make A Difference Dayl, and helped with the tire recycling project. Thanks to all! Sincerely, WP, am B. Watson, III Chairperson cc: Bob Nelson Howard Martin Charlie Watkins Mike Perkins Gary Bennett JAN OR 1996 j ~ V,If1 4i JiN'ON rml M!,?4 - RS FCC 6 ti F Agenda, No Agenda item Date . M!7~-7-~4 m bga Neely is fairly new to', Dentob,but already is was to feel at home thealu to the people at the Denton Senior Center - and in particular, Richard Brewster. "He "m out of hW way for all us o l d is pis 4 he is&* does,' said Mrs. Neely, who moved here to be near children and grandchildren. `On a r x*nt trip, he did everything to maltp it enjoyable. "We all appredste him,* she said of herself and the other Denton residents who use the senior center. WkwU at 181 ~Jeil wft Goal Do. To=18400. Flare bmhj& a Weph" aa~aBKr ae vatOO&U L 5 F > EIVl±D -JAN .1'.1'1996 Agenda No, / KNOB IMII WATl31tSYSM4 Agenda Item, J7 1 25 High Mm&wDt Date' [lutel2mjk 79068 1 Pbwe214-291-2553 -~~...........•....waw.mo........r..r..........s..ris..~ / / 1 / 1 1 1 Bob Nelson / Director of Willies 1 216 E. McKinney 1 Denton, 7X 76201 / f f 6 Dear Mr. Nelson, i am writing in regard to Debbie Cates, lab technician in the Denton office. In my opinion she has the qualities of an outstanding / employee. She Is always prepared, helpful, and infomned. I am awtare that often people only wdAi3 when there Is a problem, / but I would like to change that. Please let her know that I consider her an example of what a professional should embody. / / f i / Sincerely' ~ ,,&-0/- 'e / Jule DeSmit i Owner Knob Hill Water System 1 1 1 / 1 1 / / 1 1 / / / 1 1 / 4 S~ F RECEIVED AN U E 1995 JOHN S. GOSSETT Agenda No. 5300 TARTAN CIRCLE Agenda Item DENTON, TX 76208-64n2 9ates'1 --q6 (817) 382-7443 January 5, 1996 Mr. Bob Nelson Chy of Denton Utilities P.O. Sox 2347 Denton, TX 76202-2347 Dear Bob, I wanted to drop you a note and let you know about a very pleasant experience I had with a crew in the water division of the utility department. One day during the week of December 18, 1 noticed a substantial water leak coming out of th;, ground in our neighborhood. I called the water department and informed them, and they were very prompt In sending out a crew to Investigate. Apparently, the crew needed to turn off the water in our neighborhood to repair the leak, and one young man went door-to-door In the neighborhood to Inform the homeowners that water would be cut off in about 45 minutes. Although I never knew his name, I want you to know how much we appreciated his Informing us of the situation in a very professional and courteous way. This young man (and the entire crew) are to be commended for their fine service. Best wishes to you and all employees of the utilities department. Sincerely, YJn S. Gossett Agenda No, Agenda It m Date } Tv ~;oy / ~ A I~ s f ~jo RS o``' mu y 1f it ,tie ar p 14 La s L iµ~ pf S ] -r- F Agenda No. Agenda Iem bate~(p _ Jack and Heather Holland 1017 Oakland Denton, TX 76201 January 12, 1996 To whom it may concern, On Friday January 12, 1996 the electric division of the City of Denton Utilities came to our home to trim a tree that was obstructing a street light and power line. The worker's names were Bill, Rudy and Cruz. The were courteous and friendly and they provided an invaluable service to our family by preventing an interruption in our power service. Their service also dramatically improved the appearance of our yard and made Oakland a safer street. These workers did their job well and they left my yard cleaner than they found itl This is why I live in Denton, Texas-people here still care, and there is inherent value in a job well done. Thank youl Sincerely, Heather Holland A J, i Agenda No. A2eAda ftem Telecom Date s T (Remarketing All i~qs RCA CorPoration of 4---~ America Toi The City Manager From: Cheryl Martin, Shipping Manager TRCA 3401 E. University Dr. Ste. 103 Denton, Texas 76208 (817) 565-5000 Ext. 3030 I wanted to bring to your attention, one of your employees who has served our company, for the past two years. His name is ,Michael Perkins. He is always available and willing, when I call for service. Mr. Perkins takes the time to listen to the problem and promptly takes care of it. I just wanted to let you know how much we appreciate the service we have received. Thank y A, Cheryl Marti 3401 E. University Dr., Suite 103 • Denton, Texas 76208-1044 (817) 565-5000 a FAX (817) 565-5002 D E N T O N J Agenda tVo. 94,~ r Agenda Item ~s~ Dare C'~~ F E S T I V A L March 12, 1996 City of Denton Rick Svehla 215 E. McKinney Denton, Texas 76201 Dear Rick, On behalf of the Denton Festival Foundation, we want to thank you for your cor,tribution of $ 6,000.00(inkind) for the Denton Arts and Jazz Festival. You have become a partner in the largest arts event produced in Denton County. Because of your support with many other Denton businesses and individuals, we are able to present a festival ?hat has free admission and still maintain the high quality of music and entertainment that has brought state and regional recognition to our community. We are proud to have the opportunity to showcase the best in professional jazz and pop music and to present our culturally diverse community, public school and university performing groups, fine arts and crafts, ci?ildrens' an and many activities for people of all ages and ethnic backgrounds. The '95 Arts and Jazz Festival attracted over 40,000 to Denton and we look forward to a successful '96 event, April 26, 27, and 28 in the Civic Center Park. IIi We are planning a celebration in honor of our aponsors and Top Hands on Friday, April 26 at 1 the Denton Civic Center and park area. Preview fine arts, enjoy good food and great music at the kick-off "preheat" for festival weekend. Look for your invitation in early April. Thank you again for your support and commitment. Sincerely, II"(dA~ Betty NY Carol Short President Festival Coordinator Denton Festival Foundation Denton Festival Foundation Denton Festival Foundation P. O. Box 2104 " Denton, Texas 76202 s (817) 565-0931