HomeMy WebLinkAbout09-24-1996
e
CITY COUNCIL AGENDA PACKET
September 24, 1996
i
p
4
F
i
Agenda No. 9 b" Ol b
AGENDA Agenda Item
CITY OF DENTON CITY COUNCIL [rate-
September 24, 1996
Closed Meeting of the City of Denton City Council on Tuesday, September
24, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall, 215 E.
McKinney, Denton, Texas, at which the following items will be
considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED
MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY
PERMISSIBLE.
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consult with attorney regarding status and strategies
regarding RPS/Weber & Barnes v. City, and consider
mediation or settlement.
2. Discuss and consider a resolution retaining Haynes &
Boone, LLP to represent the City of Denton in its
franchise fee dispute with GTE.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
1. Discuss the exchange, lease, or value of 8.565 acres,
being a portion of South Lakes Park in Abstract 616 and
1007 in the City and County of Denton, to be exchanged or
leased to the Denton Independent School District for
5.105 acres in Abstract 186 in the City and County of
Denton on Windsor Drive plus additional land out of these
abstracts as necessary to assure an equivalent exchange.
C. Peraonnel/Board Appointments Under TEX. GOVT CODE Sec.
551.0^4
Special Called Meeting of the City of Denton City Council on Tuesday,
September 24, 1996 at 7:00 p.m. in the Council Chambers of City Hall,
215 E. McKinney, Denton, Texas at which the following items will be
considered:
1. Consider adoption of an ordinance authorizing the City Manager to
execute a multiple use agreement between the City of Denton and the
Texas Department of Transportation to permit the construction,
maintenance and operation of a day labor pavilion on the highway
right-of-way of U.S. 377 in the City of Denton, near Collins
Street.
2. Consider adoption of an ordinance authorizing the city Manager to
execute a multiple use agreement between the City of Denton and
Denton Heritage Christian Academy, Inc, doing business as Denton
Humanitarian Association to permit the construction, maintenance
and operation of a day labor pavilion on the highway right-of-way
of U.S. 377 in the City of Denton, at 221 West Collins Street.
r.
City of Denton City Council. Agenda
September 24, 1996
Page 2
3. Consider adoption of an ordinance authorizing the City Manager to
execute an agreement between the City of Denton and Nebrig &
Associates, Incorporated to lease certain premises of the Municipal
Airport and construct and maintain an office, hangar, maintenance
and related aviation facilities thereon.
4. Consider approval of a resolution requesting the Texas Municipal
League to sponsor legislation to allow members of governmental
bodies to deliberate board and commission member appointments in
Executive Session under Tex. Gov't Code Section 551.074.
5. Consider approval of a resolution authorizing the City Manager to
request the Texas Municipal League to monitor legislation by the
75th Legislature to further change the Public Utility Regulatory
Act until Texas has an opportunity to understand the effectiveness
of the changes that are currently being adopted for the wholesale
electric market in Texas.
6. Consider adoption of an ordinance approving and ratifying the
Mayor's execution of a settlement agreement, and authorizing the
Mayor to execute all documents necessary to effectuate such
agreement in the matter of John T Webber and Eric S Barnes
Plaintiffs v. City of Denton Texas Defendant v RPS Ventures
Inc.• Ramnik U Rana and Pushy; Rana, Intervenors and RPS Ventures.-
Inc.. Ramnik U Rana and Pushpa Rana Plaintiffs v City of-Denton,
Texas. Defendant v John T~Xebber and Eric S Barnes Intervenors,
Cause No. 95-40737-362; authorizing payment of $110,000 to RPS
Ventures, Inc., Ramnik U. Rana and Pushpa Rana and the performance
of other terms and conditions.
7. Consider approval of a resolution accepting the resignation of 1
Council Member Jeff Krueger and expressing sincere appreciation for
his unselfish services as a Council Member for District 2; and
requesting the Governor to proclaim an emergency to allow the City
Council to call an emergency election under the Texas Election code
to fill the vacancy in the District 2 City Council seat.
8. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
Following the completion of the Special Called Session the Council will
convene into a Work session to consider the following:
NOTE: A Work session is used to explore matters of interest to one
or more City Council Members or the City Manager for the purpose of
giving staff direction into whether or not such matters should be placed
on a future regular or special meeting of the Council for citizen input,
City Council deliberation and formal City action. At a work session,
the City Council generally receives informal and preliminary reports and
information from City staff, officials, members of City committees, and
f
s
City of Denton City Council Agenda
September 24, 1996
Page 3
the individual or organization proposing council action, if invited by
City Council or City Manager to participate in the session.
Participation by individuals and members of organizations invited to
speak ceases when the Mayor announces the session is being closed to
public input. Although Work Sessions are public meetings, and citizens
have a legal right to attend, they are not public hearings, so citizens
are not allowed to participate in the session unless invited to do so by
the Mayor. Any citizen may supply to the City Council, prior to the
beginning of the session, a written report regarding the citizen's
opinion on the matter being explored. Should the Council direct the
matter be placed on a regular meeting agenda, the staff will generally
prepare a final report defining the proposed action, which will be made
available to all citizens prior to the regular meeting at which citizen
input is sought. The purpose of this procedure is to allow citizens
attending the regular meeting the opportunity to hear the views of their
fellow citizens without having to attend two meetings.
1. Receive a report and hold a discussion regarding route revisions of
the public transportation system.
2. Receive a report, hold a discussion and give staff direction
regarding amendment to the current investment policy.
3. Receive a report, hold a discussion and give staff direction
regarding billing proposals for Emergency Medical Services.
4. Receive a report, hold a discussion and give staff direction
concerning a proposal by the Denton County Tax Assessor's office
for collection of City of Denton taxes.
5. Receive a report, hold a discussion and give staff direction
regarding a proposed resolution to exercise the power of eminent
domain by the Upper Trinity Regional Water District for right-of-
way for Sanger water supply pipeline.
C E R T I F I C A T E
I certify that the above notice of meeting was posted on the bulletin
board at the City Hall of the City of Denton, Texas, on the da
of , 1996 at o'clock y
(a.m.) (p.m.)
CITY SECRETARY
NOTE. THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY
WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING
IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE
SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT
BY566CALLING-USE 8309
THAT A S GN LANGUAGE INTERPRETER
CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE.
AC00033E
E
. Agenda No, d'Oi4y
Agenda Item •X+' * / L ~OZ
Datey-
CIiryOp DFNTON TEXAS M1/NIClPAL 8tJlLD1NG • DENTON, TE,S,4S 7fi2pi • TELEPHONE (B1)J 566-8307
Ofirce of the City Manager
MEMORANDUM
DATE: September 19, 1996
TO: Tcd Benavides, City Manager
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Multiuse Agreement with TxDot and Lease to Denton Humanitarian Association
Atuched are two ordinances, an agreement and a lease to TxDot and the Denton Humanitarian
Association that would provide for an agreement for the City to use a piece of State right-of-way
at the corner of Collins and Fort Worth Drive (U. S. 377). As you can see from the agreement,
the State and City would agree to allow the City to lease this property to a non-profit entity to
provide for a space for day laborers. The State has certain conditions which would allow it to
take the right-of-way back if needed and the City would mutually agree to meet certain
covenants that declare liability responsibilities, maintenance responsibilities, etc.
The second document is a lease from the City of Denton to the Denton Humanitarian
Association. The terms and conditions in the multiuse agreement are basically the same in the
lease document (i.e. the Association would provide liability coverage, maintenance, etc.). The
City would lease this piece of property to this non-profit corporation to provide a pavilion and
other improvements for the day laborers to meet. The improvements would provide a place for
contractors to pick up the laborers, provide a pavilion, restroom facilities and landscaping, and
possibly a fountain. The corporation has agreed to provide all of these improvements and
maintain them. The City will help with plans and specifications as well as technical assistance,
some irrigation installation, etc. We think this makes for a mutually agreeable provision for the
day laborers with the City providing a site through the State and the corporation providing a
more permanent useful site for the day laborers. This site would be readily assessable to major
arterials and yet have minimal effect on the neighborhood.
ANNOOSA4
'Dedicated to QuaUry Servke'
t
Ted Benavides, City Manager
September 19, 1996
Page 2
The officers of the corporation, the local area TxDot and the TxDot District office have
approved these documents and staff recommends approval.
1
Rick Svehla
Deputy City Manager
Attachments
AMM008A4
b
J:k f'xn\ORMAYLAe.0R0 Agen& No.
Agenda Item
Date- -
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND THE TEXAS DEPARTMENT OF TRANSPORTATION TO PERMIT
THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A DAY LABOR PAVILION
ON THE HIGHWAY RIGHT-OF-WAY OF U.S. 377 IN THE CITY OF DENTON,
TEXAS, NEAR COLLINS STREET; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the
need to provide a safe, sanitary, and centralized Day Labor
Pavilion for its residents to assist them in their'search for day
labor; and
WHEREAS, the City Council of the City of Denton believes that
the establishment of a Day Labor Pavilion in the City of Denton is
an important service benefitting the residents of the city and
generally promotes the public safety; NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute a
Multiple Use Agreement between the City of Denton, Texas and the
Texas Department of Transportation to permit the construction,
maintenance and operation of a day labor pavilion on the highway
right-of-way of U.S. 377 in the City of Denton, Texas near Collins
Street, under the terms and conditions contained in said agreement
which is attached hereto and made a part hereof.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval. J
PASSED AND APPROVED this the day of , 1996.
i
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY.,
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
P ~•..d.~ „
BY:
i
MULTIPLE USE AGREEMENT
STATE OF TEXAS •
COUNTY OF TRAVIS '
THIS AGREEMENT by and between the Texas Department of
Transportation, hereinafter referred to as the "State", and the City of Denton,
hereinafter referred to as the "City", is to become effective when last executed.
WITNESSETH
WHEREAS, the City has requested the State to permit the construction,
maintenance and operation of a Day Labor Pavilion on the highway right-of-way of
U.S. 377 in the City of Denton, Denton County, Texas, near Collins street as shown
on the site plan in Exhibit "A" attached hereto and made a part hereof for all
purposes. Construction plans for areas to be developed as a part of this agreement
will be submitted to the State for approval along Nvith metes and bounds description
covering the specific area development. When approved by the State, the metes and
bounds description, Exhibit "B" attached hereto and made a part hereof for all
purposes, and construction plans, Exhibit "C", incorporated herein by reference, shall
be made a part of this agreement when approved by the State.
WHEREAS, the State has indicated its %villingness to approve the
establishment of such facilities and other uses conditioned that the Citv will enter
into agreements %vith the State for the purpose of determining the respective
responsibilities of the City and the State %%ith reference thereto, and conditioned that
such uses are in the public interest and will not damage the highway facilities, Impair
safety, impede maintenance or in any way restrict the operation of the highway
facility, all as detemiined from engineering and traffic investigations conducted by
the State.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and of the mutual covenants
and agreements of the parties hereto to be by them respectively kept and performed
as hereinafter set forth, it is agreed as follows:
Page I of 6
1
G
4
4
1. CONSTRUCTION PLANS
The City hereto «ill prepare or provide for the constnuction plans for the facility, and
will provide for the construction work as required by said plans at no cost to the
State. Said plans shall include the design of the access control, necessary horizontal
and vertical clearances from highway strictures, adequate landscape treatment, and
general layout; and they shall also delineate and define the construction
responsibilities of both parties hereto and when approved shall be attached to the
agreement and made a part thereof in all respects. Any future revisions or additions
of penuanent improvements shall be made after prior written approval of the State.
2. INSPECTION
Ingress and egress shall be allowed at all times to such facility for Federal Highway
Administration personnel and State Forces and equipment when highway
maintenance operations are necessary, and for inspection purposes; and upon request,
all parking or other activities for periods required for such operations will be
prohibited.
3. PARKING REGULATIONS
Parking regulations shall be established limiting parking to single unit motor vehicles
of size and capacity r.t grater than p•;.cribed for 1-1/2 ton trucks, such vehicles to
conform in size and us? to governing laws. Parking shall be permitted only in marked
spaces.
4. PROHIBITIONS/SIGNS
Regulations shall be established prohibiting the parking of vehicles transporting
flammable or explosive loads and prohibiting use of the area in any manner for
peddling, advertising or other purposes not in keeping with the objective of a public
facility. The erection of signs other than those required for proper use of the area will
be prohibited. All signs shall be approved by the State.
5. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the responsibility of the
City. Such responsibility shall include picking up trash, mowing, surface area
patching, tree and shrub care, flower-bed care, irrigation system maintenance, and
otherwise keeping the facility in a clean and sanitary condition, and surveillance by
Page 2of6
ii
i
s
`c
Police patrol to eliminate the possible creation of a nuisance or hazard to the public.
Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be
permitted to rise above the grade line of the highway, nor shall the facility subject the
highway to hazardous or unreasonably objectionable dripping, droppings or discharge
of any kind, including rain or snow. The area to be maintained is defined as all
surfaces not utilized by traffic lanes and adjacent shoulder %%ithin the highway right-
of-way, including the surfaced area under the structures.
6. FEES
Anv fees levied for use of the facilities in the area shall be nominal and no more than
are sufficient to defray the cost of construction, maintenance and operation thereof,
and shat! be subject to 1%Titten approval of the State.
7. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein granted to both parties to
terminate this agreement upon notice, and upon the exercise of any such right by
either party, all obligations herein to make improvements to said facility shall
immediately cease and terminate.
3. MODIFICATION/I'ERMINATION OF AGREEMENT
If in the sole judgment of the State it is found at any future time that traffic
conditions have so changed that the existence of use of the facility is impeding
maintenance, damaging the highway facility, impairing safety or that the facility is
not being properly operated, that it constitutes a nuisance, is abandoned, or if for anv
other reason it is the State's judgment that such facility is not in the public interest,
this agreement under which the facility was constructed my be: (1) modified if
corrective measure, ac :ptable to both parties can be applied to eliminate the
objectionable features of the facility or (2) terminated and the use of the area as
proposed herein discontinued.
9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered by the agreement shall
be fire resistant. The storage of flammable, explosive or hazardous materials is
prohibited. Operations deemed to be a potential fire hazard shall be subject to
regulation by the State.
Page 3 of 6
7
6
s
.i
10. RESTORATION OF AREA
Upon written notification by either party hereto that such facility should be
discontinued, each party shall, %vithin sixty (60) days, clear the area of all facilities
that were its construction responsibility under this agreement, as necessary to restore
the area to a condition satisfactory to the State.
11. INDEMNIFICATION
The City shall, insofar as it is legally permitted and subject to such limitations,
indemnify the State against any and all damages and claims for damages, including
those resulting from injury to or death of persons or for loss of or damage to
property;, arising out of, incident to or in any manner connected with its
construction, maintenance or, operating of the facility, which indemnification shall
extend to and include any and all court costs, attorney's fees and expenses related to
or connected %ith any claims or suits for damages and shall, if requested in writing by
the State to do so, 'assist that State «ith or relieve the State from defending any suit
brought against it. Neither party hereto intends to waive, relinquish, limit or
condition its right to avoid any such liability by claiming its governmental immunity.
When notified by the State to do so, the other party hereto shall promptly pay the
State for the full cost of repairing any damages to the highway facility which -nay
result from its construction, maintenance or operating of the facility, or its duly
authorized agents or employees, and shall promptly reimburse the State for costs of
construction and/or repair work made necessary by reason of such darnages.
Nothing in this agreement shall be construed as creating any liability in favor of any
third party or parties against either of the parties hereto nor shall it ever by construed
as relieving any third party or parties from any liabilities of such third party or parties
to the parties hereto, but the other hereto shall become fully subrogated to the State
and shall be entitled to maintain an action over and against third party or parties
legally liable for having cause it to pay or disburse any sum of money hereunder.
12. INSURANCE
The City shall provide necessary safeguards to protect the public on State-maintained
highways including adequate insurance for payment of any damages which might
result during the construction of the facility occupying such airspace or thereafter,
and to save the State harmless from damages, to the extent of said insurance coverage
and insofar as it can legally do so. Prior to beginning work on the State's right-of-
Page 4 of 6
8
f
way, the City's construction contractor shall submit to the State a complete insurance
form (TxDOT Form No. 1560) and shall maintain the required coverages during the
construction of the facility.
13. USE OF RIGHT-of-WAY
It is to be understood that the State by execution of this agreement does not impair
or relinquish the State's right to use such land for right-of-way purposes when it is
required for the construction or reconstruction of the traffic facility for which it was
acquired, nor shall use of the laud lender such agreement ever be construed as
abandonment by the State of such land c :quired for highway purposes, and the StaLk:
does not purport to grant any interest in the land d:scribed herein but merely
consents to such use to the extent its authority and title permits.
14. ADDITIONAL CONSENT REQUIRED
The State asserts only that it has sufficient title for highway purposes. The City shall
be responsible for obtaining such additional consent or agreement as may be
necessary due to this agreement. This includes, but is not limited to, public utilities.
15. FHWA ADDITIONAL REQUIREMENTS
If the facility is located on the Federal-Aid Highway System, Exhibit `E",
"Attachment A", which states additional requirements as set forth in the Federal
Highway Administration's Federal-Aid Highway Program Manual, shall be attached
to and become a part of this agreement.
16. CIVIL RIGHTS ASSURANCES
The City, for itself, its personal representatives, successors and interests and assigns,
as part of the consideration hereof, does hereby covenant and agree as a covenant
running with the land that: (I) no persons, on the ground of race, color or national
origin shall be excluded from participation in, be denied the benefits of, or be
othenvise subjected to discrimination in the use of said facilih; (2) that in the
construction of any improvements on, over or under such land and the furnishing of
services thereon, no person on the ground of race, color or national origin shall be
excluded front participation in, denied the benefits of, or othenvse be subjected to
discrimination; (3) that the City shall use the premises in compliance meth all other
requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non-
Page 5 of 6
J
F
I
discrimination in Federally-Assisted programs of the Department of Transportation -
Effecuiation of Title V1 Of the Civil Rights Act of 1964, and as said Regulations may
be amended.
That if in the event of any breach of the above non-discrimination covenants, the
State shall have the right to terminate the agreement and reenter and repossess said
land and the facilities thereon, and hold the same as if said agreement had never been
made or issued.
List of Attached Exhibits:
Exhibit A - General Lavout
Exhibit B - Metes and Bounds Description of project Ares as developed
Exhibit C - Construction Pla,is (incorporated herein)
Exhibit D - Certification of insurance (TxDOT Form 1560 from contractors as
Projects are let
Exhibit E - Attachment A (FHWA Additional Requirements)
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures.
CITY OF DENTON STATE OF TEXAS
By: Certified as being executed for the purpose
City Manager and effect of activating and/or carrying out
the orders, established policies or work
Date: programs heretofore approved and authorized
by the Texas Transportation Commission
under the authority of Minute Order 100002.
ATTEST:
BY:_
TITLE Jav R. Nelson, RE,
APPROVED AS TO LEGAL FOB11: Dallas District Engineer
HERBERT L. PROUTY, CITY ATTORNEY
BY: I) t' -i~ Date:
Y
Page 6 of 6
G
I
TxDOT Form No. 20.102 (Rev. 12.90Previouseditionsof this form may not be used. NOTE: Copies of the endorsements listed
TEXAS below are not required as attach-
DEPARTMENT OF TRANSPORTATION ments to this certificate.
CERTIFICATE OF INSURANCE
The named contractor shaif not commence work until he/sheTranshs obtainedation
the following endorsements: the Texas De rtment of as an
n the minimum lnsurance specified , below, and obtained
a in Section II
Subrogation In favor of the same department under coverages 2. 3 and 4, Only~~~tes of insurance published by his d pa mae a are
acceptable as proof of insurance. Co mmercla I carriers' certificates are unacceptable.
SECTION I - IDENTIFICATION DATA
1.1 Insured Contractor's Name
1.2 StreetlMarling Address
1.3 Gty
1.4 State
1.5 lip
1.6 Phone Number
Area Code I 1
SECTION II - TYPE OF INSURANCE
Type Policy Effective
Number: Expiration Limits of Liability
2. WORKERS'COMPENSATION Date: Date: Not Less Than:
2.1 - 2.2 23_ Statutory -Texas
Endorsed with a Waiver of Subrogation in favorof the Texas Department of Transportation.
3. COMMERCIAL GENERAL LIABILITY
BodilylnJurylPloperty 3.t
Damage 3.2 3.3 5325,OOOcombined
single limit each
occurrence and in the
aggregate
Endorsed with the Texas Department of Transportation as an Additional Insured and en
dorsed with a Waiver
of Subrogation in favorof the Texas Department of Transportation.
4, TEXAS BUSINESS AUTOMOBI,E POLICY
A. Bodily injury 4.1
4.2 4.3S100,000 ea, person
B, Property Damage q q $300,000 ea. occurrence
4.5- 4.6 $2S,000 ea. occurrence
Endorsed with the Texas Department of Transportation as an Additional insured and endorsed with a Waiver
of Subrogation in favor of the Texas Department of Transportation.
S. UMBRELLA POLICY (If Applicable)
5.1
52
SECTION III - CERTIFICATION 5 3 $
Thls Certificate of insurance neitheraffirmativelyor neyativelyamends, extends, or Jters the coverage afforded by the above insurance pollcies
issued by the Insurance company named below.
Cancellation of the insurance policies shall not be made until THIRTY LAYS AFTER the undersigned agent or hisrher company has sent written
notices by certified mad to the contractor and the Texas Department of Transportation.
THIS IS TO CERTIFY to the Texas Department of Transportation, acting on behalf of the State of Texas, that the Insurance policies above meet all
the requirements stipulated above and such policies are In full force and effect.
6.1 Name ofinsuranceCompany 7.1 Name of Authorized Agent
61 Company Address
71 Agent's Address
6.3 City 6.1 State 63 Zip 7.3 City
7.4 State 7.5 Zip
7.6 Authorised Agents Phone No.
Original Signature of Authorized Agent
Area Code I__ }
Oate `
t
t
r
UD0TFormMo.2o.laa(aeck) Texas Department of Transportation
Certificate of Insurance Requirements:
Only the TxDOT's certificate of insurance forms are acceptable as proof of insurance,
The named insured on the certificate and the name of the contractor, as it appears on the contract with, the TxDOT,
must be the same. (Note: In a case where the contract is in the name of a party such as "John Jones dba Jones
Construction Company," the named insured on the C.O.I. may be "Jones Construction Company' and vice versa.
Also the abbreviations of 'Co." for 'Company" and "Inc.' for 'Incorporated' are acceptable.)
Over-stamping and/or typed entries made on the certificate of insurance by the agency/insuring company are
unacceptable if such entries change the provisions of the certificate in any manner.
The following requirements apply to Workers'Compensation coverage.
e If a contractor has any employees, in addition to himself /herself, then the contractor Is required to have
workers' compensation insurance.
e The word STATUTORY, under limits of liability, means that the benefits allowed under the Texas Workers'
Compensation Law will be paid by the insurer,
s Relatives of the contractor (spouse, sons, daughters) must be covered by workers' compensation Insurance.
GROUP HEALTH Insurance may not be substituted for WORKERS' COMPENSATION insurance.
Commercial General Liability Insurance is usually sold in only Combined Single Limit coverage. In the event the
coverages are specified separately, they must be at least these amounts:
Bodily Injury - 5300,000 each occurrence
Property Damage - S 25,000 each occurrence
S 2S,000aggregate
Note: This coverage was previously known as Comprehensive General Liability insurance. Some older
policies may still carry this identification. This is acceptable.
MANUFACTURERS' AND CONTRACTORS' LIABILITY insurance is not an acceptable substitute for COMMERCIAL
GENERAL LIABILITY Insurance.
The coverage amount for a TEXAS BUSINESS AUTOMOBILE POLICY or Comprehensive Automobile Liability may be
shown as a minimum of $325,000 Combined Single Limit by a typed or printed entry and deletion of the specific
amounts listed for Bodily Injury and Property Damage.
BASIC AUTOMOBILE LIABILITY insurance is not an acceptable substitute for a TEXAS BUSINESS AUTOMOBILE POLICY
or COMPREHENSIVE AUTOMOBILE LIABILITY insurance,
The signature of the agent must be original in Ink; stamped/typed/printed signatures are unacceptable.
This form may be reproduced. Any color paper is acceptable.
The certificate of Insurance, once on file with the department, is good for subsequent contracts provided adequate
coverage is still in effect. With an original on file, other TxDOT offices will accept copies.
i
0~* COl~~hs
r:
a
6 Ur.tl~
zo
• . ~x
_ ss
t/ 1
CIP
r
LMMM Boom
~T
2
a
J:\?"DOCS DRDwwllLf.ORD
Agenda No.
Agenda Ite~m}pa/
Date l- a-
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON,
TEXAS TO EXECUTE A MULTIPLE USE AGREEMENT BETWEEN THE CITY OF
DENTON, TEXAS AND DENTON HERITAGE CHRISTIAN ACADEMY, INC. DBA
DENTON HUMANITARIAN ASSOCIATION TO PERMIT THE CONSTRUCTION,
MAINTENANCE AND OPERATION OF A DAY LABOR PAVILION ON THE HIGHWAY
RIGHT-OF-WAY OF U.S. 377 IN THE CITY OF DENTON, TEXAS, AT 221 WEST
COLLINS STREET; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Denton recognizes the
need to provide a safe, sanitary, and centralized Day Labor
Pavilion for its residents to assist them in their search for day
labor; and
WHEREAS, the City Council of the City of Denton believes that
the establishment of a Day Labor Pavilion in the City of Denton is
an important service benefitting the residents of the City and
generally promotes the public safety; and
WHEREAS, the City of Denton on this date has entered into a
Multiple Use Agreement with the Texas Department of Transportation
which permits the City to construct, maintain and operate a day
labor pavilion, on the highway right-of-way of U.S. 377 in the City
of Denton, at 221 West Collins Street. The Multiple Use Agreement
between the City of Denton, Texas and Texas Department of Transpor-
tation provides that the 'City may subsequently enter into a
separate multiple use agreement with a third party, which third
party would construct, maintain and operate the day labor pavilion;
and
WHEREAS, the City has determined that Denton Heritage Christian
Academy, Inc., a Texas Non-Profit Corporation, is committed to and
has great interest in establishing a day labor pavilion in the City
of Denton, and is willing to undertake the construction, mainte-
nance and operation of the day labor pavilion in the City of
Denton, all at no cost to the City. NOW, THEREFORE:
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
99911-ON-I.- That the City Manager is authorized to execute a
Multiple Use Agreement between the City of Denton, Texas and the
Denton Heritage Christian Academy, Inc., a Texas Non-Profit
Corporation doing business as Denton Humanitarian Association, to
permit the construction, maintenance and operation of a day labor
pavilion on the Highway Right-Of-Way of U.S. 377 in the City of
Denton, Texas at 221 West Collins Street, under the terms and
conditions contained in said agreement which is attached hereto and
made a part hereof.
SECTION I~ That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER* MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
~I
F
MULTIPLE USE AGREEMENT
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT by and between the City of Denton, Texas,
hereinafter referred to as the "CITY" and Denton Heritage Christian
Academy, Inc. doing business as Denton Humanitarian Association, a
Texas non-profit Corporation hereinafter referred to as the "Denton
Humanitarian Association" is to become effective when last
executed.
WITNESSETH
WHEREAS, Denton Humanitarian Association has requested the CITY
to permit the construction, maintenance and operation of a Day
Labor Pavilion on the highway right-of-way of U.S. 377 in the City
of Denton, Denton County, Texas, at 221 W. Collins street as shown
on the site plan in Exhibit "A". Construction plans for areas to
be developed as a part of this agreement will be submitted by
Denton Humanitarian Association and the CITY to the State of Texas
Department of Transportation (hereinafter referred to as "TXDOT"),
for approval along with metes and bounds
description
covering the
specific area development. When approved by TXDOT, these metes and
bounds descriptions (Exhibit "B") and construction plans (Exhibit
"C"), made a part hereof and incorporated herein by reference,
shall be made a part of this agreement; and
WHEREAS, the CITY has indicated its willingness to approve the
establishment of such facilities and other uses conditioned that
the Denton Humanitarian Association will enter into agreements with
the CITY for the purpose of determining the respective responsibil-
ities of the Denton Humanitarian Association and the CITY with
reference thereto, and conditioned that such uses are in the public
interest and will not damage the highway facilities, impair safety,
impede maintenance or in any way restrict the operation of the
highway facility, all as determined from engineering and traffic
investigations conducted by TXDOT; and
WHEREAS, the CITY has entered into a Multiple Use Agreement
With TXDOT (hereinafter referred to as the "TXDOT Agreement"),
dated the day of , 1996, in which TXDOT and the
CITY have agreed that a Day Labor Pavilion may be constructed,
maintained and operated by the CITY or by a third party who
contracts with the CIRY to do so.
WHEREAS, Denton Humanitarian Association, is desirous of
entering into a multiple use agreement with the CITY which permits
Denton Humanitarian Association, to construct, maintain and operate
A
a Day Labor Pavilion at the location described hereinabove, at no
cost to the CITY; and
WHEREAS, the CITY considers that its entry into this Multiple
Use Agreement with Denton Humanitarian Association, is essential to
support the activities of Denton Humanitarian Association to
generally promote economic development within the CITY of Denton,
and that these activities constitute a part of the CITY's intention
to promote and stimulate business and commercial activity which
constitute a public purpose;
NOW, THEREFORE, in consideration of the premises and of the mutual
covenants and agreements of the parties hereto to be by them
respectively kept and performed as hereinafter set forth, the CITY
and Denton Humanitarian Association do hereby AGREE as follows:
1. TERM OF AGREEMENT
The term of this agreement shall be for a period of ten (10)
years, commencing on October 1, 1996 and ending September 30, 2006.
Thereafter, this agreement may be renewed for successive additional
one (1) year terms commencing on October 1, 2006, and on October 1
for each successive year thereafter, provided that the CITY and
Denton Humanitarian Association agree in writing on or before
August i of each successive year in which the CITY and Denton
Humanitarian Association intend to renew this agreement; provided
however, notwithstanding the provisions of this paragraph respect-
ing the term of this agreement or any other provision of this
agreement, either party may terminate this agreement, upon sixty
(60) days advance written notice to the other.
2. PAYMENT TO THE CITY
Denton Humanitarian Association shall pay the sum of One
($1.00) Dollar to tha City of Denton on the date this agreement is
signed by both parties as consideration for the initial term of
this agreement. Denton Humanitarian Association further agrees to
pay as further consideration, the additional sum of One ($1.00)
Dollar to the City of Denton on the date any additional one-year
renewal agreement is signed by both parties.
3. CONSTRUCTION PLANS
The parties hereto will prepare or provide for the construction
plans for the facility, and Denton Humanitarian Association will
provide for the construction work as required by said plans at no
cost to the CITY and TXDOT. Said plans shall include the design of
the access control, necessary horizontal and vertical clearances
from highway structures, adequate landscape treatment, and general
layout; and they shall also delineate and define the construction
Page 2
responsibilities of both parties hereto, and when approved shall be
attached to the agreement and made a part thereof in all respects.
Any future revisions or additions of permanent improvements shall
be made after prior written approval of the CITY and TXDOT.
4. INSPECTION
Ingress and egress shall be allowed at all times to such
facility for Federal Highway Administration personnel and State
Forces and equipment when highway maintenance operations are
necessary, and for inspection purposes; and upon request, all
parking or other activities for periods required for such opera-
tions will be prohibited.
5. PARKING REGULATIONS
Parking regulations shall be established limiting parking to
single unit motor vehicles of size and capacity no greater than
prescribed for 1-1/2 ton trucks, such vehicles to conform in size
and use to governing laws. Parkir.1 shall be permitted only in
marked spaces.
6. PROHIBITION/SIGNS
Regulations shall be established and prohibiting the parking of
useiofether ar eaortin
in any lmannerefoor exlosive loads and r peddling, advertising o or bother
purposes not in keeping with the objective of a public facility.
The erection of signs other than those required for proper use of
he are will be prohibited. All signs shall be approved by the
t
CITY and TXDOT.
I
7. RESPONSIBILITIES
Maintenance and operation of the facility shall be entirely the
responsibility of Denton Humanitarian Association. Such responsi-
bility shall not be transferred, assigned or conveyed to any other
party without the written approval of the CITY. Further, such
responsibility shall include picking up trash, mowing, surface area
patching, tree and shrub care, flower-bed care, irrigation system
maintenance, and otherwise keeping the facility in a clean and
sanitary condition, and surveillance by police patrol to eliminate
the possible creation of a nuisance or hazard to the public.
Hazardous or unreasonably objectionable smoke, fumes, vapor or
odors shall not be permitted to rise above the grade line of the
highway, nor shall the facility subject the highway to hazardous or
unreasonably objectionable dripping, droppings or discharge of any
kind, including rain or snow. The area to be maintained is defined
as all surfaces not utilized by traffic lanes and adjacent shoulder
within the highway right-of-way, including the surfaced area under
Page 3
the structures.
8. FEES
Any fees levied by Denton Humanitarian Association for use of
the facilities in the area shall be nominal and no more than are
sufficient to defray the cost of construction, maintenance and
operation thereof, and shall be subject to written approval of the
CITY and TXDOT.
9. TERMINATION UPON NOTICE
This provision is expressly made subject to the rights herein
granted to both parties to terminate this agreement upon notice,
and upon the exercise of any such right by either party, all
obligations herein to make improvements to said facility shall
immediately cease and terminate.
10. MODIFICATION/TERMINATION OF AGREEMENT
Denton Humanitarian Association understands and agrees that if
in the sole judgment of TXDOT it is found at any future time that
traffic conuitions have so changed that the existence of use of the
facility is impeding maintenance, damaging the highway facility,
impairing safety or that the facility is not being properly
operated, that it constitutes a nuisance, is abandoned, or if for
any other reason it is the CITY's or TXDOT's judgment that such
facility is not in the public interest, this agreement under which
the facility was construed may be: (1) modified if corrective
measures acceptable to Denton Humanitarian Association, the CITY,
and TXDOT can be applied to eliminate the objectionable features of
the facility; or (2) terminated, and the use of the area as
proposed herein discontinued.
11. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS
All structures located or constructed within the area covered
by the agreement shall be fire resistant. The storage of flamma-
ble, explosive or hazardous material as is prohibited. Operations
deemed to be a potential fire hazard shall be subject to regulation
by the CITY and TXDOT.
12. RESTORATION OF AREA
Upon written notification by either party hereto that such
facility should be discontinued, each party shall, within sixty
(60) days, clear the area of all facilities that were its construc-
tion responsibility under this agreement, as necessary to restore
the area to a condition satisfactory to the CITY and TXDOT.
Page 4
i
13. INDEMNIFICATION
Denton Humanitarian Association, shall, insofar as it is
legally permitted and subject to such limitations, indemnify the
CITY and TXDOT against any and all damages and claims for damages,
including those resulting from injury to or death of persons or for
loss of or damage to property;, arising out of, incident to or in
any manner connected with its construction, maintenance or,
operating of the facility, which indemnification shall extend to
and include any and all court costs, attorney's fees and expenses
related to or connected with any claims or suits for damages and
shall, if requested in writing by the CITY and/or TXDOT to do so,
assist the CITY and/or TXDOT with, or relieve the CITY and/or TXDOT
from defending any suit brought against them. The CITY does not
intend to waive relinquish, limit or condition its right to avoid
any such liability by claiming its governmental immunity.
When notified by the CITY to do so, Denton Humanitarian
Association shall promptly pay TXDOT for the full cost of repairing
any damages to the highway facility which may result from its
aconstruction,
agentsnornemployees eandishall promptly reimbuor its rse TXDOT
for costs of construction and/or repair work made necessary by
reasons of such damages.
Nothing in this agreement shall be construed as creating any
liability in favor of any third party or parties against either of
the parties hereto nor shall it ever be construed as relieving any
third party or parties from any liabilities of such third party or
parties to the parties hereto, but the other hereto shall become
fully subrogated to the State and shall be entitled to maintain an
action over and against third party or parties legally liable for
having cause it to pay or disburse any sum of money hereunder.
14. INSURANCE
Denton Humanitarian Association shall provide necessary
safeguards to protect the public on State-maintained highways
including adequate insurance for payment of any damages which might
result during the construction of the facility occupying such
airspace or thereafter, and to save the CITY and TXDOT harmless
from damages, to the extent of said insurance coverage and insofar
as it can legally do so. Prior to beginning work on the State's
right-of-way Denton Humanitarian Association's construction
contractor shall submit to the CITY and TXDOT a complete insurance
form (TXDOT Form No. 1560) and shall maintain the required coverage
during the construction of the facility.
During the term of this agreement, Denton Humanitarian
Association shall maintain at all times, the following insurance
Page 5
coverage with an insurance company licensed to do business in the
State of Texas by the state Insurance Commission, or any successor
agency that has a rating with A.M. Best Rate Carriers of at least
"A-" or above, to wit:
Comprehensive General Liability Insurance with a Combined
Single Limit of not less than $1,Oo0,0oo.
Denton Humanitarian Association shall furnish the CITY
insurance certificates or policies, at the CITY's request to
evidence such coverage. The insurance policies shall name the CITY
as an additional insured on all such policies and shall contain a
provision that such insurance shall not be cancelled or modified
without ten (10) days prior written notice to the CITY and Denton
Humanitarian Association. In such event, Denton Humanitarian
Association shall, prior to the effective date of the change or
cancellation, provide CITY with substitute policies furnishing the
same coverage.
15. USE OF RIGHT-OF-WAY
It is understood by Denton Humanitarian Association that by
execution of this agreement, nothing impairs or relinquishes
TXDOT's right to use such land for right-of-way purposes when it is
required for the construction or reconstruction of the traffic
facility for which it was acquired, nor shall use of the land under
such agreement ever be construed as abandonment by TXDOT of such
land acquired for highway purposes. Denton Humanitarian Associa-
tion understands that TXDOT, in the TXDOT agreement or otherwise,
has not purported to grant any interest in land described herein to
the CITY or to Denton Humanitarian Association but has merely
consented to such use to the extent TXDOT's authority and title
permits.
16. ADDITIONAL CONSENT REQUIRED
TXDOT has asserted to the CITY in the TXDOT agreement, only
that it has sufficient title for highway purposes. The CITY and
Denton Humanitarian Association shall be responsible for obtaining
such additional consent or agreement as may be necessary due to
this agreement. This includes, but is not limited to, public
utilities.
17. FHWA ADDITIONAL REQUIREMENTS
If the facility is located on the Federal-Aid Highway System,
"ATTACHMENT Ell, which states additional requirements as set forth
in the Federal Highway Administration's Federal-Aid Highway Program
Manual, shall be attached to and become a part of this agreement.
Page 6
Y
f .1
18. CIVIL RIGHTS ASSURANCES
Denton Humanitarian Association, for itself, its successors in
interest and its assigns, as part of the consideration hereof, does
here')y covenant and agree as a covenant running with the land that:
(1) no persons, on the ground of race, color or national origin
shall be excluded from participation in, be denied the benefits of,
or be otherwise subjected to discrimination in the use of said
facility; (2) that in the construction of any improvements on, over
or under such land and the furnishing of services thereon, no
person on the ground of race, color or national origin shall be
excluded from participation in, denied the benefits of, or
otherwise be subjected to discrimination; (3) that Denton Humani-
tarian Association shall use the premises in crmpliance with all
other requirements imposed by or pursuant to Title 49, Code of
Federal Regulations, Department of Transportation, Subtitle A,
office of the Secretary, Part 21, Non-discrimination in Federally-
Assisted programs of the Department of Transportation - Effectua-
tion of Title VI of the Civil Rights Act of 1964, and as said
Regulations may be amended.
That if in the event of any breach of the above non-discrimina-
tion covenants, the CITY shall have the right to terminate the
agreement and re-enter and repossess said land and the facilities
thereon, and hold the same as if said agreement had never been made
or issued.
List of Attached Exhibits:
Exhibit A General Layout
Exhibit B Metes and Bounds Description of project Ares as
developed
Exhibit C Construction Plans (incorporated herein)
Exhibit D Certification of insurance (TXDOT Form 1560 from
contractors as Projects are let)
Exhibit E Attachment A (FHWA Additional Requirements)
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Multiple Use Agreement to be executed by its duly authorized City
Manager, and Denton Humanitarian Association has executed this
agreement by and through its duly authorized, undersigned officer
on this the day of , 1996.
CITY OF DENTON$ TEXAS
("CITY")
BY:
TED BENAVIDES, CITY MANAGER
Page 7
'v
s
E
ATTEST:
JENNIFER WALTERS, CITY SECRETARY'
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: DENTON HERITA'--7' CHRISTIAN
ACADEMY, INC.
("DENTON HUMANITARIAN ASSOCIATION")
By:
Name: RICHARD SALAZ u
Title: PRESIDENT
ATTEST:
BY:
J:\kP00CS\K\DAYLA9.AG9
Page 8
e
E
Ageoda Item_50 W.3
DateQ -d V -,9 b
CITY Of DENTON, TEXAS MUNICIPAL BUILDING DENTON, $ 76201 • TELEPHONE(817)566.8w
Office of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: September 20, 19:6
SUBJECT: An Ordinance Authorizing The City Manager To Execute An
Agreement Between The City Of Denton And Nebrig &
Associates, incorporated To Lease Certain Premises Of The
Municipal Airport And Construct And Maintain An Office,
Hangar, Maintenance, And Related Aviation Facilities
RECOMMENDATION;
Staff recommends the adoption of this ordinance.
CRY;
Upon approval of the Council, Y:ia city Manager would be authorized
to execute a commercial lease agreement between the City and Nebrig
& Associates for approximately 1.508 acres located on the south
end of the Airport. The lease agreement includes an option for an
additional 3.2 acres in two (2) separate parcels of 1.5 and 1.7
acre tracts respectively.
BACKGROUND;
In February, 1996, Nebrig & Associates contacted the City
concerning the lease of property at the Denton Municipal Airport.
Nebrig & Associates is a commercial brokerage firia specializing in
the sale of turboprop and medium sized jet aircraft ranging in
value from $500,000 to $4,000,000.
Their client base includes small companies to Fortune 100
corporations located throughout the United States, Mexico, Canada,
and Europe. During the last five years the firm has sold eighty-
five aircraft (85) valued at over $100 million.
The initial lease is for 1.508 acres to house their corporate
offices and a hangar. Additionally, Nebrig proposes to build a
series of t-hangars which will accommodate single and multi-engine
planes.
"Dedicated to Quality Service"
F
This standard commercial lease is for a thirty (30) year term with
options for two (2) ten (10) year terms and includes an annual
adjustment for the Consumer Price Index (CPI). The particulars of
the lease are as follows:
1. September 30, 1996 - September 30, 1999 at a rate of $0.05
per square foot iA nimum yearly rental, adjusted annually per
paragraph W.A. of the lease.
2. September 30, 1999 - September 29, 2026 at a rate of $0.15 per
square foot minimum yearly rental, adjusted annually per
paragraph W.A. of the lease.
The Airport Advisory Board unanimously recommended approval of this
lease agreement.
PROGRAMS DEPARTMENTS OR GROUPS AFFECTED:
None.
FISCAL _rMPACT.
An Increase in Airport revenue which will be based on the lease and
the annual adjustment for the CPI.
Please advise if I can provide additionL! information.
RESPECTFULLY SUBMITTED:
Ted Benav des
City Manager
Prepared by:
A Portugal
Assistant to the City Manager
Attachments: 1. Ordinance
F
A:\NEBRIG. ORD
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND NEBRIG & ASSOCIATES, INCORPORATED TO
LEASE CERTAIN PREMISES OF THE MUNICIPAL AIRPORT AND CONSTRUCT AND
MAINTAIN AN OFFICE, HANGAR, MAINTENANCE AND RELATED AVIATION
FACILITIES THEREON; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute
a lease agreement between the City of Denton, Texas and Nebrig &
Associates, Inc. to lease certain premises of the Municipal Airport
and construct and maintain an office, hangar, maintenance and
related aviation facilities thereon, under the terms and conditions
contained within this Agreement, which is attached hereto and made
a part hereof.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
e"O e,
BY:
J,
I
F
AIRPORT LEASE AGREEMENT
THE STATE OF TEXAS §
COUNTY OF DENTON § KNOW ALL MEN BY THESE PRESENTS:
This lease agreement hereinafter referred to as "Lease" is made
and executed this 1f day of R- naLje , 1996, at Denton, Texas,
by and between the City of Denton, a Municipal Corporation,
hereinafter referred to as "Lessor", and Nebrig & Associates, Inc.,
a Texas corporation, having its principal offices at 7515 Lemmon
Avenue, Dallas; Texas 75209, hereinafter referred to as "Lessee".
WITNESSETH:
WHEREAS, Lessor now owns, controls and operates the Municipal
Airport (Airport) in the City of Denton, County of Denton, State of
Texas; and
WHEREAS, Lessee desires to lease certain premises on Airport
and construct and maintain an office, hangar, maintenance and
related aviation facilities thereon;
NOW, THEREFORE, in consideration of the premises and the
mutual covenants contained in this Agreement, the parties agree as
follows:
I. CONDITIONS OF AGREEMENT
NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY HEREINAFTER CONTAINED,
THE LANGUAGE IN PARAGRAPHS A THROUGH D OF THIS SECTION SHALL BE
BINDING.
A. Principles of Operations. The right to conduct aeronauti-
cal activities for furnishing services to the public is granted the
Lessee subject to Lessee agreeing:
1. To furnish said services on a fair, equal and not
unjustly discriminatory basis to all users thereof,
and
2. To charge fair, reasonable and not unjustly dis-
criminatory prices for each unit or service, pro-
vided that the Lessee may be allowed to make rea-
sonable and nondiscriminatory discounts, rebates,
or other similar types of price reductions to
volume purchasers.
F
B. Non-Discrimination. The Lessee, for itself, its personal
representatives, successors in interest, and assigns, as a part of
the consideration hereof, does hereby covenant and agree as a
covenant running with the land that:
1. No person on the grounds of race, religion, color,
sex, or national origin shall be excluded from
participation in, denied the benefits of, or be
otherwise subjected to discrimination in the use of
said facilities.
2. In the construction of any improvements on, over,
or under such land and the furnishing of services
thereon, no person on the grounds of race, reli-
gion, color, sex, or national origin shall be
excluded from participation in, denied the benefits
of, or otherwise be subjected to discrimination.
3. The Lessee shall use the premises in compliance
with all other requirements imposed by or pursuant
to Title 49, Code of Federal Regulations, Depart-
ment of Transportation, Subtitle A, Office of the
Secretary, Part 21, Non-discrimination in Federally
Assisted Programs of the Department of Transporta-
tion-Effectual of Title VI of the Civil Rights Act
of 1964, and as said Regulations may be amended.
In the event of breach of any of the above non-discriminatory
covenants, and Lessee's failure to cure same within thirty (30)
days after receipt of written notice thereof, except this thirty
(30) day period shall be extended for a reasonable period of time
if the alleged breach is not reasonably capable of cure within such
thirty (30) day period and Lessee proceeds to diligently cure such
breach, Lessor shall have the right to terminate the T.,ease and to
reenter and repossess said land and the facilities thereon, and
hold the same as if said Lease had never been made or issued. This
provision does not become effective until the procedures of 49 CFR
Part 21 are followed and completed, including expiration of appeal
rights.
C. Right of Individuals to Maintain Aircraft. It is clearly
understood by the Lessee that no right or privilege has been
granted which would operate to prevent any person, firm, or
corporation operating aircraft on the airport from performing any
services on its own aircraft with its own regular employees
(including, but not limited to, maintenance and repair) that it may
choose to perform.
D. Non-Exclusive Right. It is understood and agreed that
nothing herein contained shall be construed to grant or authorize
the granting of an exclusive right within the meaning of Section
Page 2
R
1349 of Title 43, U.S X .A.
E. Public Areas.
1. Lessor reserves the right to further develop or
improve the landing area of the Airport as it sees
fit, regardless of the desires or views of the
Lessee, and without interference or hindrance;
provided such further development or improvement
does not prevent Lessee from reasonably utilizing
the premises and all appurtenances related thereto
as contemplated by the terms of this Lease.
2. Lessor reserves unto itself, its successors and
assigns, for the use and benefit of the flying
public, a right of flight for the passage of air-
craft above the surface of the premises described
herein, together with the right to cause in said
airspace such noisy as may be inherent in the
operation of aircraft now known or hereafter used,
for navigation of or flight in the said airspace,
and for use of said airspace for landing on, taking
off from, or operating on the Airport.
3. Lessor shall be obligated to maintain and keep in
repair the landing area of the Airport and shall
have the right to direct and control all activities
of Lessee in this regard.
4. During time of war or national emergency, Lessor
shall have the right to lease the landing area or
any part thereof to the United States Government
for military or naval use, and, if such lease is
executed, the provisions of this instrument insofar
as they are inconsistent with the provisions of the
lease to the Government, shall be suspended.
5. Lessor reserves the right to take any action it
considers necessary to protect the aerial approach-
es of the airport against obstruction, together
with the right to prevent Lessee from erecting, or
p,wrmitting to be erected, any building or other
structure on or adjacent to the Airport which, in
the opinion of the Lessor, would limit the useful-
ness or safety of the airport or constitute a
hazard to aircraft or to aircraft navigation.
6. This Lease shall be subordinate to the provisions
of any existing or future agreement between Lessor
and the United States or agency thereof, relative
to the operation or maintenance of the Airport.
Page 3
a
I~
` II. LEASED PREMISES
I
Lessor,
agreements he ein contained consideration l be rkept by of
Lethe ssee, does nt hereby
demise and lease unto Lessee, and Lessee does hereby lease and take
from Lessor, the following described land situated in Denton
County, Texas, as described as follows:
A. Land.
1. A tract of land, being approximately 65,688 square
feet, or 1.508 acres, as illustrated in Attachment
"A", as described by metes and bounds in Attachment
"B", and as identified as Parcel 1 of Lot 1, Block
1 of Attachment "C", all such attachments, and
Attachment "D" and "E" described below, are incor-
porated herein by reference.
(Include Survey)
Together with the right of ingress and egress to
said property; and the right, in common with others
so authorized, of passage upon the Airport property
generally, subject to reasonable regulations by the
City of Denton; and such rights shall extend to
Lessee's employees, passengers, patrons and
invitees.
For the purposes of this Lease, the term "Premises"
shall mean all property located within the metes
and bounds described above, including leasehold
improvements constructed by the Lessee, and the
right to the use (in common with other lessees of
the Airport) of all runways and taxiways within the
Airport, but not including certain easements or
property owned and/or controlled by the Lessor.
2. Lessee shall have the option of extending the terms
of this lease to an additional one and one-half (1
1/2) acres of land or 65,340 square feet depicted
as Parcel 2 on Attachment "C" (and described by
metes and bounds in Attachment "D"), subject to the
division of this property into two separate 3/4
acre tracts. The option on the 3/4 acre tract
closest to the Airport's runway facilities shall be
exercised no later than four (4) years from the
execution of this Lease. If the option on the 3/4
acre tract above is timely exercised, then Lessee
shall have an additional option on the remaining
3/4 acre tract, and this option shall be exercised
Page 4
r
no later than eight (8) years from the execution of
this Lease.
i
3. After the options have been timely exercised on the
two 3/4 acre tracts comprising Parcel 2 in Attach-
ment "C", Lessee shall have the option of extending
the terms of this lease to an additional 1.7 acres
of land or 74,052 square feet depicted as Parcel 3
on Attachment "C" (and described by metes and
bounds in Attachment "E"), if same is not under a
lease and remains unimproved at such time. This
last option shall be exercised no later than twelve
(12) years from the execution of this lease.
4. The 1.7 acre option tract outlined in Attachment
"C" as Parcel 3 may be leased by Lessor to other
than Lessee during the above twelve-year period,
provided that, and for so long as Lessee stays in
lawful possession of the land denoted above in
Attachment "C" as Parcel 1 and Parcel 2,if appli-
cable, Lessee shall have a right of first refusal
on any lease negotiated by Lessor within part or
all of the tract of land outlined on Attachment "C"
as Parcel 3. In the event the Lessor shall receive
an offer to lease all or a portion of the 1.7
acres, Lessor shall deliver such written offer to
Lessee. Lessee shall have the right, exercisable
within thirty (30) days after receipt of such
written notice, to lease the 1.7 acres or portion
thereof, if applicable, upon the same terms and
conditions as set forth in such written offer. In
the event the Lessee fails to deliver to Lessor its
acceptance of such terms and conditions within such
thirty (30) day period, the Lessor shall be enti-
tled to lease the 1.7 acres pursuant to the terms
of sucF written offer.
5. Lessee agrees that if Lessee fails to exercise the
option on the 1.7 acres outlined in Parcel 3 of
Attachment "C", or fails to utilize its right of
first refusal above, then the tenant ultimately
leasing such tract from Lessor will be allowed
uninterrupted access for ingress and egress of
airplanes to the taxiway constructed by Lessee
under this Lease without assessment of a pro-rata
charge or any charge against such tenant or opera-
tors of airplanes utilizing such tenant's property.
Lessor agrees that Lessee may deny access to the
proposed taxiway Lessee constructs pursuant to this
Lease to the tenants, their invitees, and custom-
ers, of the property directly across from Lessee's
Page 5
a
E
r
two one and one-half (1 1/2) acre tracts under this
Lease (Parcels 1 and 2 of Attachment "C"). Howev-
er, Lessee shall provide access in the same manner
provided to the 1.7 acre tract tenant referenced
above if such tenants agree to pay to Lessee an
assessment for use of such taxiway in the amount of
SOk of the certified costs (as mutually determined
by Lessee and Lessor after completion of taxiway
improvements and including interest on such costs)
of the construction of such taxiway adjacent to
such tenants' properties, based on a front footage
charge as used in City of Denton. Street Paving
Projects. If Lessee exercises its option on the
1.7 acres within twelve (12) years of the execution
of this Lease or leases same under its right of
first refusa:, then Lessee may assess the tenant(s)
across from the 1.7 acres the applicable front
footage charge if such tenant(s) desire access to
the taxiway constructed by Lessee.
6. The options, on the two 3/4 acre parcels, compris-
ing the 1 and 1/2 acres outlined in Attachment "C"
as Parcel 2 and on the 1.7 acres, if applicable,
outlined in Attachment "C" as Parcel 3, shall be
subject to the same terms and conditions contained
within this agreement as are applicable to the one
and one-half acres outlined in Attachment "C" as
Parcel 1, at the time the option(s) is exercised,
including, but not limited to: land rental rates
as computed on a cents per square foot per year
basis; term of lease; consumer price index adjust-
ments already implemented, if any; and date of
commencement, as if said option were and had been
within Parcel 1 of Attachment "C" from the original
date of execution of this lease.
B. Improvements Provided By Lessor
1. Lessor agrees to provide, at Lessor's sole cost and
expense, the following public improvements:
(a) construction of improvements to Westcourt
Road from its intersection with Airport
Road to the point in which the Premises
shall have access to Westcourt Road; and
(b) repair/replacement of entrance gate at
Westcourt Road providing access to the
Premises via a locked gate; key provided
to Lessees; Lessor to provide gate to be
open daily from 8:00 a.m. to 5:00 p.m.
Paae 6
a
Monday through Friday.
2. For the purposes of this Lease, the term "Lessor
improvements" shall mean those things on or adja-
cent to the Premises belonging to, constructed by,
or to be constructed by the Lessor, which enhance
or increase, or will enhance or increase, the value
or quality of, the Premises. Unless otherwise noted
herein, all Lessor improvements are and will remain
the property of the Lessor, All Lessor improve-
ments must be described in detail above, or above
referenced and attached to this Lease in an exhibit
approved by the Lessor,
C. Public Improvements Provided by Le
provide, at Lessee s sole cost and expense, Lessee.' followingrpublic
improvements:
1. Utility services including, without limitation,
water, gas, electricity, and telephone sufficient
to service Lessee's business within the Premises to
be constructed from the boundary of Parcel 3 iden-
tified in Attachment "C" closest to Westcourt Road
to the Premises; and
2. Construction of taxiway from the Premises to the
Airport taxiway.
The consideration for the construction of these public
improvements is the reduction in the rental under this Lease from
fifteen cents ($0.15) per square foot to five ($0.05) cents per
square foot for the first three (3) years.
III. TERM
The term of this Lease shall be a period of thirty (30) years,
commencing on date upon which all of the Contingencies (as defined
in Section XVI(K) below) have been satisfied or waived in writing
by Lessee, and ending at midnight on the last day of the 30th year
of the term of this Lease, unless earlier terminated under the
provisions of the Lease. Lessee shall have the option to extend
the term of this Lease for an additional period of ten (10) years
upon the same terms and conditions as set forth in this Lease.
Should Lessee elect to exercise its option to extend the term of
this Lease, Lessee shall give written notice of its intention to
Lessor not less than one hundred eighty (280) days before the
expiration of the initial term of thirty (30) years. At the end of
the initial ten (10) year extension, Lessee shall have the option
to extend the term of this Lease for an additional ten (10) year
term upon the same terms and conditions as set forth in this Lease.
Should Lessee elect to exercise its option to extend the term of
Page 7
d
)
3
this Lease, Lessee shall give written notice of its intent to
Lessor not less than one hundred eighty (180) days before the
initial ten (10) year extension due to exjfre.
IV. PAYMENTS, RENTALS AND FEES
Lessee covenants and agrees to pay to Lessor, as consideration
for this Lease, payments, rentals and fees as follows:
A. Rent. Lessee shall pay to the Lessor for the use and
occupancy of the Premises the sum of five cents ($0.05) per square
foot per year for the first three (3) years of the Lease (to
compensate Lessee for taxiway to be constructed), for a total of
Three Thousand Two Hundred Sixty Seven Dollars ($3,267) per year,
to be paid in twelve (12) equal monthly inztallments in the sum of
Two Hundred Seventy-two Dollars and Twenty-five Cents ($272.25) per
month in advance, with the first installment being due on or before
the first day of the month following the execution of this Lease.
For years four (4) through thirty (30) of this Lease, the rental
will be fifteen cents ($0.15) per square foot per year. The rental
for years two (2) through thirty (30) of initial Lease and for the
two ten (10) year renewal periods will be adjusted annu,;.lly based
on the consumer price index criteria in Section IV.E.
B. Lessox Improvement Rentals. The Lessor improvement
rentals or fees are described as follows: None.
C. Additional Fees And Rentals No additional fees will be
charged for use of the premises.
D, Payment Penalty Adjustments All payments made
hereunder by Lessee shall be made to Lessor at the offices of the
Finance Department of the City of Denton, Accounts Receivable, 215
E. McKinney, Denton, Texas 76201, unless Lessee is notified to the
contrary in writing by Lessor.
All monthly rental payments shall be due and payable on or
before the first day of each month and shall be paid by Lessee
without demand or notice from Lessor. All rental amounts paid by
Lessee after the tenth (10) day of the month will be delinquent and
shell include an additional monetary amount (penalty) which shall
equal five percent (5t) of the re:.tal amount due. Failure vf
Lessee to pay the five percent (510 monetary penalty on delinquent
rent shall constitute an event of default of this Le?se.
E. CPI.
1. The yearly rental for land and improvements herein
leased shall be readjusted at the end of each year
period during the term of this Lease on the basis
of the proportion that the then current United
Page 8
6
Sates Consumer Price Index for all urban consumers
(CPI-U) for the Dallaa-Fort Worth geographical
region, as compiled by the U.S. Department of
Labor, Bureau of Labor Statistics bears to the
October, 1996, index. Each rental adjustment, if
any, shall occur on the 13t day of December,
beginning 1997, and every year thereafter on such
date.
2. The adjustments in the yearly rent shall be deter-
mined by iaultiplying the minimum yearly rent as set
forth in Section IV.A. by a fraction, the numerator
of which is the index number for the last month
prior to the adjustment, and the denominator of
which is the index number for October. 1996. If
the product of this multiplication is greater than
the minimum yearly rent as set forth in Section
IV.A., Lessee shall pay this greater amount as the
yearly rent until the time of the next rental
adjustment as called :or in this section. If the
product of this multiplication is less than the
minimum yearly rent of as set forth in Section
IV.A., there shall be no P-a3ustment in the annual
rent at that time, and Lessee shall pay the minimum
yearly
thes next forth
rental adjustment aspcalled
for in this section. In no event shall any rental
adjustment called for in this section result in an
annual rent less than the minimum yearly rent of as
set forth in Section IV.A. The adjustment shall be
limited so that the annual rental payment deter-
mined for any given year Qhall not exceed the
annual rental payment calcc]ated for the previous
year by more than ten percent (lot).
3. If the consumer price index for all urban consumers
(CPI-U) for the Dallas-Fort Worth geographical
region, as compiled by the U.S. Department of
Labor, Bureau of Labor Statistics, is discontinued
during the term of this lease, the remaining rental
adjustments called for in this; section shall be
made using the formula set forth above, but sub-
stitutiug the index numbers for the Consumer Price
Index-Seasonally Adjusted U.S. City Average For All
Items For All Urban Consumers (CPI-U) for the index
numbers for the CPI-U applicable to the Dallas-Fort
Worth geographical region. If both the CPI-U for
the Dallas-Fort Worth geographical region and the
U.S. City Average are discontinued during the term
of this lease, the remaining rental adjustments
called for in this section shall be made using the
Page 9
a;
,r
statistics of the Bureau of Labor Statistics of the
United States Department of Labor that are most
nearly comparable to the CPI-U applicable to the
Dallas-Fort Worth geographical region. If the
Bureau of Labor Statistics of the United States
Department of Labor ceases to exist or ceases to
publish statistics concerning the purchasing power
of the consumer dollar during the term of this
lease, the remaining rental adjustments called for
in this section shall be made using the most nearly
comparable statistics published by a recognized
financial authority selected by Lessor.
V. RIGHTS AND OBLIGATIONS OF LESSEE
A. Use of Leased pr_ e~tg_, Lessee is granted the non-
exclusive privilege to engage in or provide the following:
1. sale of airplanes, including maintenance of air-
planes of lessee and its tenants;
2. hangar, with office and maintenance shop;
3. sale of fuel, including Jet A and Av Fuel.
(a) Sale of fuel to be provided via skid tanks or
fuel truc'cs and for the express use of Lessee
and Lessee's tenants. Fuel purchased by
Lessee from a non-Fixed Base Operator shall be
assessed a fuel fee of five cents ($0.05) per
gallon. Sale of fuel from skid tanks and
purchase of fuel from wholesaler to be discon-
tinued after Lessor's fuel farm is relocated
and becomes operational. Lessee may purchase
fuel from Lessor's fuel farm under the same
terms and conditions mentioned above.
(b) Fuel fees shall be paid monthly to Lessor on
the 15th day of each month during the term of
this Lease. Lessee shall keep and maintain
accurate records of: fuel purchases, fuel
sales, fuel deliveries, fuel disbursements,
and fuel inventories (fuel records) under this
agreement for a period cf three (3) years from
the date the rec.-rd is made. Such records
shall be kept according to generally accepted
accounting principles. Lessor, or its duly
authorized representatives, shall have the
right at all reasonable times during business
hours to inspect the books, fuel records, and
receipts of Lessee, including examination of
Page 10
s
the general ledger and all other supporting
material, for the purpose of verification.
(c) Lessee agrees that all fuel fees are due and
payable and shall be paid by Lessee without
demand or notice in writing from Lessor.
Lessee shall provide Lessor a breakdown of the
fee payments monthly. All fees paid by Lessee
and received by Lessor after more than fifteen
(15) days after the due date shall automati-
cally accrue and include an additional mone-
tary amount (penalty) equal to five percent
(5t) of the fuel fee amount due. At any time
after any fee becomes due, the Lessor may
notify Lessee in writing of the delinquency.
Failure to pay fuel fees with accrued penal-
ties within seven (7) days of receipt of such
notice will constitute a default under the
Lease. Fuel fees shall be paid to the same
address to which rental fees are payable.
(d) Within fifteen (15) days after the end of each
month, Lessee shall furnish to Lessor a certi-
fied statement of fuel records during the
preceding month. If an audit establishes the
Lessee has understated fuel sales by five
percent (54) or more, the entire expense of
said audit shall be borne by Lessee. Any
additional payment due from Lessee shall
forthwith be paid to Lessor, with interest
thereon at one percent (it) per month from the
date such amount originally became payable to
Lessor. Any overpayment by Lessee shall be
credited against future payments due to
Lessor.
(e) Lessee, its tenants and sublessees shall not
be authorized to conduct any services not
specifically listed in this agreement. The
use of the Premises of Lessee, its tenants or
sublessees shall be limited to only those
private, commercial, retail or industrial
activities having to do with or related to
airports and aviation. In connection with all
permitted uses of the Premises provided by the
terms of this Lease, Lessor agrees to issue or
cause to be issued Lo Lessee any and all
applicable permits or licenses necessary for
Lessee to cone?-ict the business operations as
contemplated in the terms of this Lease,
provided Lessee complies with all applicable
Page 11
a
codes and ordinances. No person, business or
corporation may operate a commercial, retail
or industrial business upon the premises of
Lessee or upon the Airport without a lease or
license from Lessor authorizing such commer-
cial, retail or industrial activity.
B. Independent Contractor. During all times that this Lease
is in effect, the parties agree that Lessee is and shall be deemed
to be an independent contractor and operator and not an agent or
employee of the Lessor with respect to their acts or omissions
hereunder. For all the purposes hereunder, Lessee is and shall be
deemed an independent contractor and it is mutually agreed that
nothing contained herein shall be deemed or construed to constitute
a partnership or joint venture between the parties hereto.
C. EtA darda Lessee shall meet or exceed the following
standards:
1. Address. Lessee shall file with the Airport Manag-
er, or authorized City representative, hereinafter
referred to as "Airport Manager" and keep current
its mailing address, telephone number(s) and con-
tacts where its authorized official can be reached
in an emergency.
2• List_ Lessee shall file with the Airport Manager
and keep current a list of its tenants and subles-
sees.
3• Conduct. Lessee shall contractually require its +
employers and sublessees (and sublessee's invitees)
to abide by the terms of this Lease. Lessee shall
promptly enforce its contractual rights in the
event of a default of such covenants.
4. Utilities. Taxes and Fees Lessee shall meet all
expenses and payments in connection with the use
and occupancy of the Premises and the rights ind
privileges herein granted, including the timely
payments of utilities, taxes, permit fees, license
fees and assessments lawfully levied or assessed.
Lessee herein agrees to pay to all lawful taxing
authorities an ad valorem property tax on all
improvements constructed by the Lessee cr, the
Premises, and to comply with all tax laws pertain-
ing to the Premises, including those promulgated in
the future. Lessee may initiate or prosecute any
proceedings permitted by law for obtaining an
abatement, reduction or withdrawal, or otherwise
contesting the validity or amount, or any taxes for
Page 12
s
d
which Lessee is alleged to be responsible. Lessee
shall indemnify and save Lessor from and against
all loss, cost, damage and expense as a result of
any such proceeding.
5. Rules. Re,xulations and Restrictions. Lessee shall
comply with all federal, state and local laws and
rules and regulations which may apply to the con-
duct of business contemplated, including rules,
regulations and ordinances promulgated by Lessor,
and Lessee shall keep in effect and post in a
prominent place all necessary and required licenses
or permits.
Lessee's use of the Premises shall at all times be
in compliance with and subject to any covenants,
restrictions, and conditions of record pertaining
to the use arid occupancy of the Premises and shall
at all times comply with the laws, cudes, ordinanc-
es, rules, and regulations, either existing or
those promulgated in the future, by the City of
Dento,i, the County of Denton, the State of Texas,
the United States of America, and the Federal
Aviation Administration, or their successors.
Lessee shall not operate or permit the operation of
any transmitter devices, electrical signal produc-
ers, or machinery on the Premises which could
interfere with the electronic aircraft navigation
aids or devices located on or off Airport property.
Lessee shall not be permitted to engage in any
business or operation on the Premises which would
produce obstructions to the visibility or violate
height restrictions as set forth by the Federal
Aviation Administration and/or the City of Denton.
6. Height Restriction And Airspace Protection. The
I,essee agrees for itself, and its successors and
assigns, to restrict the height of structures,
objects of natural growth and other obstructions on
the Premises to a height as established in City of
Denton Ordinance 81-1, as the same may be amended
from time to time. The Lessee also agrees for
itself, and its successors and assigns, to prevent
any use of the Premises which would interfere with
landing or taking off of aircraft at the Denton
Municipal Airport, or otherwise constitute an
airport hazard. Lessee hereby forfeits all claims
t,D aviation rights over the Premises.
7. M3?ntenance. Lessee shall be responsible for all
mvintenance and repair of the premises, including
Page 13
.
F
i
.
buildings, structures, grounds, pavements, and
utilities. Lessee shall be responsible for grass
cutting, collection and removal of trash and for
such other maintenance requirements as may arise.
Lessee agrees to keep the Premises, together with
all improvements, in a safe, clean and attractive
condition at all times. Lessee shall not change the
h original color or texture of the exterior walls of
any structure or improvements without the written
consent from Lessor, such consent to not be unrea-
sonably withheld or delayed.
(a) Painting of Buildings During the original
term of this Lease and during each extension,
Lessor shall have the right to require, not
more than once every five years, that the
metal exterior cf hangar(s) or building(s)
located on the premises be reviewed by the
Airport Advisory Board for the purpose of
determining whether painting of the exteriors
of such buildings or hangars is necessary. If
the Airport Advisory Board determines painting
is necessary, it shall furnish a recommenda-
tion to this effect to the City Council. The
Council, may, upon the Board's recommendation,
require Lessee to repaint said exteriors
according to Lessor's specifications (to
specify color of paint, quality of workmanship
and the year and month in which the hangar(s)
or building(s) are to be painted, if needed).
Lessee shall complete the painting in ac:oz•-
dance with such specifications within six (6)
months of receipt of notice from Lessor.
Lessee agrees to pay all costs and expense
involved in the hangar or building painting
process. Failure of Lessee to complete the
painting required by Lessor's City Council
within the six (6) month period shall consti-
tute Lessee's default under this Lease.
(b) Storage. Lessee herein agrees not to utilize
or permit others to util'.ze areas on the
Premises which are located on tke outside of
the hangar(s) and/or building(s) for the
storage of wrecked or permanently disabled
aircraft, aircraft parts, automobiles, vehi-
cles of any type, or any other equipment or
items which would distract from the appearance
of the Premises.
8. Unauthorized Use of Premises Lessee may not use
Page 14
a
any portion of the Premises for the operation of a
motel, hotel, restaurant, private club or bar,
apartment house, or for industrial, commercial or
retail purposes, except as authorized herein.
9. Dwellings. It is expressly understood and agreed
that no permanent dwelling or domicile may be
built, moved to or established on or within the
Premises nor may Lessee, its tenants, invitees, or
guests be permitted to reside or remain as a resi-
dent on or within the Premises or other airport
premises.
10. Ouit Possession. Lessee shall quit possession of
the Premises at the end of the primary term of this
Lease or any renewal or extension thereof, and
deliver up the Premises to Lessor in as good condi-
tion as existed when possession was taken by Les-
see, reasonable wear and tear excepted.
11. Chemicals. Lessee agrees to store properly, col-
lect and dispose of all chemicals and chemical
residues; to store properly, confine, collect and
dispose of all paint, including paint spray in the
atmosphere, and paint products; and to comply with
all local, state and federal laws and regulations
governing the storage, h7ndling or disposal of such
chemicals and paints. Lessee further agrees that
at no time during the tern. of this Lease shall any
material, fluids, solids or gaseous substances
(except aircraft fuel utilized by the Lessee as
provided herein) be utilized, stored, disposed of
or transported on the Premises which are considered
by the Environmental Protection Agency to be a
hazard to the health of the general public and that
no activity shall be permitted on the Premises that
would produce noxious odors.
12. Signs. During the term of this Lease, Lessee shall
have the right, at its own expense, to place in or
on the Premises signs identifying Lessee. Said
signs shall be of a size, shape and design, and at
a location or locations, reasonably approved by the
Lessor and in conformance with any overall direc-
tional graphics or sign program established by
Lessor on the Airport. Lessor's approval shall not
be unreasonably withheld. Said signs shall be
maintained in good repair throughout the term of
this Lease. Notwithstanding any other provision of
this Lease, said signs shall remain the property of
Lessee. Lessee shall remove, at its expense, all
I
Page 15
- 5
lettering, signs and placards so erected on the
premises at the expiration of the term of this
Lease or extensions thereof.
D. Should Lessee violate any law, rule, restriction or
regulation of the City of Denton or the Federal Aviation Adminis-
tration, or should the Lessee engage in or permit other persons or
agents to engage in activities which could produce hazards or ob-
structions to air navigation, obstructions to visibility or inter-
ference with any aircraft navigational aid station or device,
either airborne or on the ground, then Lessor shall state such vio-
lation in writing and deliver written notice to Lessee or Lessee's
agent on the Premises, or to the person(s) on the Premises who are
causing said violation(s), and upon delivery of such written
notice, Lessor shall have the right to demand that the person(s)
responsible for the violation(s) cease and desist from all such
haveactivthity right to demand that ocorrective saction, as required, be
commenced immediately to restore the Premises into conformance with
the particular law, rule or aeronautical regulation being violated.
Should Lessee, Lessee's agent, or the person(s) responsible for the
violation(s) fail to cease and desist from said violation(s) and to
immediately commence correcting the violation(s), and to complete
said corrections within twenty-four (24) hours following written
notification, then Lessor shall have the right to enter on to the
Premises and correct the violation(s), and Lessor shall not be
responsible for any damages incurred to any improvements on the
Premises as a result of the corrective action process. Lessor
shall submit an invoice to Lessee for the cost of the repairs and
Lessee shall pay said invoice within thirty (30) days.
VI. COVENANTS BY LESSOR {
Lessor hereby agrees as follows:
A. Peaceful Enjoyment That on payment of rent, fees, and
performance of the covenants and agreements on the part of Lessee
to be performed hereunder, Lessee shall peaceably hold and enjoy
the Premises and all rights and privileges herein granted.
B. Com liance. Lessor warrants and represents that in the
establishment, construction and operation of the Airport, that Les-
sor has heretofore and at this time is complying with all existing
rules, regulations, and criteria distributed by the Federal
Aviation Administration, or any other governmental authority
relating to and including, but not limited to, noise abatement, air
rights and easements over adjoining and contiguous areas, over-
flight in landing or takeoff, to the end that Lessee will not be
legally liable for any action of trespass or similar cause of
action by virtue of any aerial operations over adjoining property
in the course of normal takeoff and landing procedures from the
Airport. Lessor further warrants and represents that at all times
Page 16
5
.
during the term hereof, or any renewal or extension of same, that
it will continue to comply with the foregoing.
VII. SPECIAL CONDITIONS
It is expressly understood and agreed by and between Lessor
and Lessee that this Lease is subject to the following special
terms and conditions:
A. Runways and Taxiways That because of the present 60.000
pound continuous use weight bearing capacity of the runway and
ateaxiways of
a ti vitypincluding Lessee
takeoff sand to limit taxiing, all
aircraft having an actual weight, including the weight of its fuel,
of 60.000 pounds or less, until such time that the runway and
designated taxiways on the Airport have been improved to handle
aircraft of such excessive weights. It is further agreed that,
based on qualified engineering studies, the weight restrictions and
provisions of this clause may be adjusted, up or down, and that the
Lessee agrees to abide by any such changes or revisions as such
studies may dictate. "Aeronautical Activity" referred to in this
clause shall include that activity of the Lessee or its agents or
subcontractors, and its customers and invitees, but shall not
include those activities over which it has no soliciting part of
control, such as an unsolicited or unscheduled or emergency
landing. A pattern of negligent disregard of the provisions of
this section shall be sufficient to cause the immediate termination
of this entire agreement and subject Lessee to liability for any
damages to the Airport that might result.
VIII. LEASEHOLD IMPROVEMENTS
A. Reouired I. rovmente As part of the consideration for
the privilege herein granted, Lessee is required to and hereby
agrees to construct or otherwise make improvements to the premises,
as specified herein, but not limited to, the following:
The construction of an office and hangar facility for storage
and maintenance of aircraft.
Lessee shall provide Lessor with tentative plans for the
development of the entire Premises together with a proposed
timetable or schedule for said development.
1. Plans. Lessee agrees that it shall, within one
hundred eighty (180) calendar days from the date of
this Lease, submit to Lessor for approval detailed
plans and specifications for the above-listed
initial proposed leasehold improvements. Lessor
agrees that it shall either approve the plans and
specification: as submitted, or transmit proposed
Page 17
P
a
t.
revisions to Lessee within forty-five (45) calendar
days of receipt of the plans and specifications
from Lessee. In the event that Lessor requires
revisions of the original plans and specifications,
Lessee shall have forty-five (45) calendar days
from the date of receipt of the proposed revisions
to resubmit the plans and specifications for Les-
sor's approval. Lessee shall commence construction
within forty-five (45) calendar days of Lessee's
receipt of Lessor's final approval of the plans and
specifications, hereinafter referred to as "Ap-
proval Date°) and the improvements shall be sched-
uled for completion not later than two hundred
seventy (270) days after commencement of construc-
tion.
2. Additional Reouirements Before commencing the
construction of any improvements upon the Premises,
Lessee shall submit:
(a) Documentation, specifications, or design work, to
be approved by the Lessor, which shall establish
that the improvements to be built or constructed
upon the Premises are in conformance with the
overall size, shape, color, quality and design, in
appearance and structure, of the program estab-
lished by the Lessor's Master Plan for the Airport.
The Master Plan shall be approved by the Lessor and
copies shall be on file at the Office of the Air-
port Manager and the City Secretary.
(b) All information required by the City of Denton
Subdivision and Land Development Regulations an
outline of such requirements is on file in the
Planning Department of Lessor.
(c) The estimated cost of such ccnstruction
No construction may commence until Lessor has approved the
plans and specifications and the location rf the improvements, the
estimated costs of such construction, and the agreed estimated life
of the building or structure. Approval by the Les3or shall not be
unreasonably withheld. Should the Lessor fail to deny Lessee's
plans and specifications within sixty days of submission thereof to
the Lessor, such plans and specifications shall be deemed approved.
B. Additional Construction or Improvements Lessee is hereby
authorized to construct upon the land herein leased, at its own
cost and expense, buildings, hangars, and structures, that Lessor
and Lessee mutually agree are necessary for use in connection with
the operations authorized by this Lease, provided however, before
Page 18
p7
commencing the construction of any improvements upon the p%emises,
Lessee shall submit plans and specifications as spec,' ied in
Article VIII, Paragraph 2 (Additional Requirements).
C. Ownershi of improvements., All buildings and improvements
constructed upon the Premises by Lessee shall remain the property
of Lessee, unless said property becomes the property of Lessor
under the following conditions, terms, and provisions:
1. Removal of Hangars and or_RUildings. In the event
that Lessee should elect to terminate this Lease
pursuant to Article xv and remove the building or
hangar from the Premises, then in such event,
Lessee herein agrees to comply with the following
terms and conditions during the hangar or building
removal process.
(a) Prior to commencing the hangar or building
removal process, the Lessee and Lessor shall
agree on the best method to remove the build-
ing, including where to cut water lines,
electrical wire, plumbing and other fixtures
or utilities, st as to cut said fixtures to
allow the future use of these fixtures.
(b) The building shall b-1 removed completely from
the surface of the concrete slab and up, with
the exception of cut utility lines. All
interior fixtures shall be removed including
sinks, commodes, dividing walla and all other
items or fixtures that would prevent the
concrete slab from being as free as possible
from all obstructions.
(c) Removal of hangars or buildings shall be
completed prior to Lessee's designated termi-
natior date.
(d) The hangar or building slab, the aircraft
parking apron, the taxiway, and all the im-
provements on the Premises shall remain on the
Premises and shall become the property of the
Lessor without costs to Lessor.
(e) Lessee shall be responsible for the removal of
all refuse and debris from the Premises prior
to vacating the Premises.
(f) Lessee shall lie responsible for all costs
involved in the removal of the hangar or
building, including costs of permits or fees.
Page 19
T
f
(g) Lessee shall be responsible for any damage
caused to any improvements on the Premises
during the building or hangar removal process,
and Lessee herein agrees to repair or replace,
at Lessee's expense, any improvement(s) dame
aged by Lessee during the removal of said
structures.
2. Assumption. All buildings and improvements of
whatever nature remaining upon the Premises at the
` end of the primary term, or any extension thereof,
I{ of this Lease shall automatically become the prop-
erty of Lessor absolutely in fee without any cost
to Lessor.
3. Building Life. It is agreed that the life of any
building to be constructed by Lessee on the Premis-
es is twenty-five (25) years.
IX. SUBROGATION OF MORTGAGEE
Lessee shall have the right to place a first mortgage lien
upon its leasehold in an amount not to exceed eighty-five percent
(85k) of the cost of the capital improvemento.
Lender's duties and rights are as follows:
1. The Lender shall have the right, in case of de-
fault, to assume the rights and obligations of
Lessee herein and become a substituted Lessee, with
the further right to assign the Lessee's interest
to a third party, subject to approval of the Les-
sor, such approval to not be unreasonably withheld
or delayed. Lender's obligations under this Lease
as substituted Lessee shall cease upon assignment
to a third party and approval by the Lessor.
2. As a condition precedent to the exercise of the
right granted to Lender by this paragraph, Lender
shall notify the Lessor of all action taken by it
in the event payments on such loans shall become
delinquent. Lender shall also notify the Lessor,
in writing, of any change in the identity or ad-
dress of the Lender.
3. All notices of default, as well as all notices
required by Article XIV herein (Cancellation by
Lessor) to be given by the Lessor to Lessee shall
also be given by the Lessor to Lender at the same
time and in the same manner, provided the Lessor
has been furnished with written notice of Lender's
Page 20
c"
f
4
interest and its address. Such notice shall be
given cc the City Secretary and the Airport Manag-
er. Upon receipt of such notice, Lender shall have
the same rights as Lessee to correct any default.
4• The Letter of Understandin execute b Lender and
Lessee which is attached hereto is h reb
porated herein by incor-
reference,
X. RIGHT OF EASEMENT
Lessor shall have the right to establish easements, at no cost
to Lessee, upon the leased ground space for the
viding utility services to, from or across the Ai portoor forpthe
construction of public facilities on the Airport. However, any
such easements shall not interfere with Lessee's use of the Pre-
mises and Lessor shall restore the property co its originalcon-
dition upon the installation of any utility services on, in, over
or under any such easement at the conclusion of such construction.
Lessee shall not have the right to levy fees, or charges for any
exercised right of easement by Lessor or Lessors authorized agent.
XI. SUBLETTING AND ASSIGNMENT OF LEASE
A. The Lessee may rent or sublease the Premises for the
storage of individual aircraft without prior written consent of the
Lessor, but Lessee shall not rent or sublease all or any part of
the Premises or the improvements located thereon for any other
purpose without the prior written consent of the Lessor, such
consent to not be unreasonably withheld or delayed. Any tenant or
sublessee shall be subject to the same conditions, obligations and
terms a set forth herein. Lessee shall be responsible for the
observance by its tenants and sublessees of the terms and covenants
of this Lease. It is the intention of the City that the subleases
not be misused as a method to avoid compliance with the minimum
standards herein.
In the event that the Lessor determines that a sublease is
operating an aviation-related business without complying with the
minimum standards applicable thereto, the su:)lease may be terminat-
ed in the same manner as provided by Article XIV herein for leases.
B. Lessee expressly covenants that it will not assign this
Lease, convey more than forty-nine percent (49t) of the interest in
its business, deemed herein to mean the controlling interest in its
business, through the sale of stock or otherwise, nor sublet,
assign, transfer, nor license the whole or any part of the said
Premises for any purpose, except for rental of hangar space or tie-
down space, without the written consent of the Lessor. Lessor l not that
subleases of the fat 1 t es for withhold
the
airport its
related purposes.
Page 21
r;
The provisions of this Lease shall remain binding upon the
assignees, if any, or Lessee.
XII. INSURANCE
A. Lessee shall maintain continuously in effect at all times
during the term of this Lease or any extension thereof, at Lessee's
expense, the following insurance coverages:
1. Comprehensive General Liability Insurance covering
the Premises, the Lessee, its personnel and its
operations on the Airport.
2. Aircraft Liability to cover all flight operations
of Lessee.
3. Fire and extended coverage for replacement value
for all facilities used by the Lessee either aq a
part of this Lease or erected by the Lessee subse-
quent to the execution of this Lease.
4. Liability insurance limits shall be in the follow-
ing minimum amounts:
Bodily Injury and Property Damage:
$1,000,000 combined single limits on a per occur-
rence basis.
51 All policies shall name the Lessor as an additional
named insured and provide for a minimum of thirty
(30) days written notice to the City prior to the
effective date of any cancellation or lapse of such
policies.
6. All policies must be approved by the Lessor.
7. The Lessor shall be provided with a copy of all
such policies.
B. During the original or extended term of this Lease, Lessor
herein reserves the right to adjust or increase the liability
insurance amounts required of th(i Lessee, and to require any
additional rider, provisions, or :ertificates )f insurance, and
Lessee hereby agrees to provide any such insurance requirements as
may be required by Lessor; provided however, that any requirements
shall be commensurate with insurance requirements at other public
use airportf similar to the Airport in size and in scope of
aviation activities, located in the Southwestern region of the
United States. For the purpose of this Lease, the Southwestern
region of the United States shall be the states classified as the
Page 22
E
Southwestern region by the Federal Aviation Administration.
C. Lessee herein agrees to comply with all increased or
adjusted insurance requirements that may be required by the Lessor
throughout the original or extended term of this Lease, including
types of insuran^e and monetary amounts or limits of insurance, and
to comply with said insurance requirements within sixty (60) days
following receipt of a notice in writing from Lessor stating the
increased or adjusted insurance requirements. Lessee shall have
the right to maintain in force types of insurance and amounts of
insurance -.vhich exceed Lessors minimum insurance requirements.
D. In the event that state law should be amended to require
types of insurance and/or insurance amounts which exceed those of
like or similar public use airports in the Southwestern region of
the United States or America, then in such event, Lessor shall have
the right to require that Lessee maintain in force types of
insurance and/or amount of insurance as specified by State Law.
XIII. INDMVITY
A. Lessee agrees to indemnify and hold harmless Lessor and
its agents, employees, and representatives from and against all
liability for any and all claims, suits, demands, and/or actions
arising from or based upon intentional or negligent acts or
omissions on the part of Lessee, its agents, representatives,
employees, members, patrons, visitors, contractors and subcontrac-
tors, if any, and/or sublessees, which may arise out of or result
from Lessee's occupancy or use of the Premises and/or activities
conducted in connection with or incidental to this Lease.
B. Thi claims, s its, daziands, and/or 8acti actions regardless of heatypeuof
relief sought thereby, and whether such relief is in the form of
damages, judgments, and costs and reasonable attorney's fees and
expenses, or any other legal or equitable form of remedy. This
Indemnity Provision shall apply regardless of the nature of the
injury or harm alleged, whether for injury or death to persons or
damage to property, and whether such claims be alleged at common
law, or statutory or constitutional claims, or otherwise. This
Indemnity Provision shall apply whether the basis for the claim,
suit, demand, and/or action may be attributable in whole or in part
to the Lessee, or to any of its agents, representatives, employees,
members, patrons, visitors, contractors, and subcontractors, if
any, and/or sublessees, or to anyone directly nr indirectly
employed by any of them.
C. Further, Lessor assumes no responsibility or liability for
harm, injury, or any damaging events which are directly or
indirectly attributable to pramise defects or conditions which may
now exist or which may hereafter arise upon the Premises, any and
Page 23
r
4
g
all such defects being expressly waived by Lessee. Lessee
understands and agrees that this Indemnity provision shall apply to
any and all claims, suits, demands, and/or actions based upon or
arising from any such claim asserted by or on behalf of Lessee or
any of its members, patrons, visitors, agents, employees, contrac-
tors and subcontractors, if any, and/or sublessees.
D. It is expressly understood and agreed that the Lessor
shall not be liable or responsible for the negligence of Lessee
and/or sublessees, its agents, servants, employees and customers.
Lessee further agrees that it shall at all times exercise reason-
able precautions for the safety of, and shall be solely responsible
for the safety of its agents, representatives, employees, members,
patrons, visitors, contractors and subcontractors, if any, and/or
sublessees, and other persons, as well an for the protection of
supplies and equipment and the property of Lesse6 or other persons.
E. Lessor and Lessee fsach agree to give the other party
pr.)mpt and timely notice of any such claim made or suit instituted
which in any way, directly or indirectly, contingently or other-
wise, affects or might affect the Lessee or the Lessor. Lessee
anfuraddither
rethat medy h to Lessor and not an exclusive remed
ered XIV. CANCELLATION BY LESSOR
All the terms, restrictions, covenants and conditions of
record pertaining to tht use and occupar.:y of the Premises are
conditions of this Lease and failure of the Lessee to comply with
any of the terms, conditions, restrictions, covenants and condi-
tions of record shall be considered a default of this Lease, and
upon default, the Lessor shall have the right to invoke any one or
all of the following remedies.
A. Should Lessee fail to pay the monthly rental amounts
and/or fees prescribed in Article IV hereof, such failure shall
constitute a default of this Lease, and Lessor may give written
notice to Lessee of Lessee's failure to pay and demand payment in
accordance with the Lease terms. Should Lessee fail to pay the
monthly rental amount within twenty (20) days following receipt of
written notice from Lessor, then Lessor may terminate this Lease.
B. In the event that Lessee fails to comply with any other
terms, conditions, restrictions and covenants pertaining to this
Lease Agreement then in such event, Lessor shall give Lessee notice
of said breach, and request Lessee to cure or correct the same.
Should Lessee fail to correct said violation(s) or breach within
thirty (30) d&ys following receipt of said notice, excert that this
thirty (30) day period shall be extended for a reasonable period of
time if the alleged default is not reasonably capable of cure
within said thirty (30) day period and Lessee proceeds to diligent-
Page 24
t
ly cure the default, then Lessor shall have the right to terminate
this Lease.
C. In addition to termination of this Lease for the breach of
terms and conditions herein, the Lessor Shall have the right to
terminate this Lease for the following reason(s):
1. The Lease has reached the termination date of the
original thirty (30) year term or any extended term
thereof.
2. In the event that Lessee shall file a voluntary
petition in bankruptcy or proceedings in bankruptcy
shall be instituted against Lessee and Lessee
thereafter is adjudicated bankrupt pursuant to such
proceedings, or any court shall take jurisdiction
of Lessee and its assets pursuant to proceedings
brought under the provisions of any federal reorga-
nization act; or if a receiver shall take juris-
diction of Lessee and its assets pursuant to pro-
ceedings b.-)ught under the provisions of any feder-
al reorganiza~ion act; or if a receiver for Les-
see's assets is appointed.
3. In the event that Lessee should make an assignment
of this Lease, for any reason, without the approval
of and written consent from Lessor.
Upon termination or cancellation of tfls Lease and provided
all monies due Lessor have been paid, Lessee shall have the right
to remove its personal property, provided such removal does not
cause damage to any part of the hangar, structure or improvements.
D. The Lessr,r shall have a lien as security for the rent
aforesaid upon all goods, wares, chattels, implements, fixtures,
furniture, tools, and other personal property which are or may be
put or caused to be put on the premises by Lessee.
E. Upon termination of this Lease, Lessee shall remove all
personal property from the Premises within thirty (30) days after
said termination. If Lessee fails to remove its personal property
as agreed, City may elect to retain possession of such property or
may sell the same and keep the proceeds, or may have Ruch property
removed at the expense of Lessee.
F. If Lessor has exercised its option to take title to fixed
improvements as provided, Lessee shall repair, at its own expense,
any damage resulting from said re,noval of personal property and
shall leave the leased premises in a neat and clean condition with
all other improvements in place.
Page 25
sf
R
o Si
f
.
G. Failure of City to declare this Lease terminated upon the
default of Lessee for any of the reasons set out shall not operate
to bar, destroy or waive the right of City to cancel this Lease by
reason of any subsequent violation of the terms hereof. The
acceptance of rentals and fee.3 by City for any period or periods
after a default of any of the terms, covenants, and conditions
herein contained to be performed, kept and observed by Lessee shall
not be deemed a waiver of any rights on the part of the City to
cancel this Agreement for failure by Lessee to so perform, keep or
observe any of the terms, covenants and conditions hereof to be
performed, kept and observed.
XV. CANCELLATION BY LESSEE
Lessee may cancel this Lease, in whole or part, and terminate
all or any of its obligations hereunder at any time, by thirty (30)
days written notice, upon or after the happening of any one of the
following events: (1) issuance by any court of preventing or
restraining the use of said airport or any part thereof for airport
purposes; (2) the breach by Lessor of any of the covenants or
agreements contained herein and the failure of Lessor to remedy
such breach for a period of ninety (90) days after receipt of a
written notice of the existence of such breach; (3) the inability
of Lessee to use said premises and facilities continuing for a
longer period than ninety (9r,) days due to any law or any order,
rule or regulation of any appropriate governmental authority having
jurisdiction over the operations of Lessor or due to war, earth-
quake or other casualty; or (4) the assumption or recapture by the
United States Government or any authorized agency thereof the
maintenance and operation of said airport and facilities or any
II substantial part or parts thereof.
Upon the happening of any of the four events listed in the
preceding paragraph, such that the Premises cannot be used for
aviation purposes, then Lessee may cancel this Lease as aforesaid,
or may elect to continue this Lease under its terms except however
that the use of the Premises shall not be limited to aviation
purposes, their use b3ing only limited by Such laws and ordinances
as may be applicable at that time.
XVI. MISCELLANEOUS PROVISIONS
A. Entire Agreement. This Lease constitutes the entire
understanding between the parties and as of its effective date
supersedes all prior or independent agreements between the parties
covering the subject matter hereof. Any change or modification
hereof shall be in writing signed by both parties.
B. Lease Binding on Successors anti Assigns. Ali covenants,
agreements, provisions and conditions of this Lease shall be
binding upon and inure to the benefit of the respective parties
Page 26
r
F•
I
hereto, that is both Lessor and Lessee jointly and severally, and
their legal representatives, successors or assigns, and/or any
grantee or assignees of the Lessor and Lessee. No modification of
this Lease shall be binding upon either party unless written and
signed by both parties.
C. Effect of Condemnation If the whole or any part of the
Premises shall be condemned or taken by eminent domain proceedings
purpose,c hen the county,
term of federal or
Lease shall cease authority on the part aso
taken from the day the possession of that part shall be required
for any purpose and the rent shall be paid up to that day, and from
that day, Lessee shall have the right to continue in the possession
of the remainder of the premises under the terms herein provided,
except that the rent shall be adjusted to such amount as the
parties hereto shall negotiate; but, under no circumstances shall
the rent be greater than the rental per square foot provided for
herein. All damages awarded for such taking of and for any public
purpose shall belong to and be the property of Lessor. All damages
awarded for such taking structures, improvements or businesses that
were constructed by Lessee shall be reflective of their value for
the remainder of the Lease term and be awarded to Lessee, the
remaining to be awarded to Lessor.
D. Eeverability If an provision hereof shall be finally
declared void or illegal by any court or administrative agency
having jurisdiction, the entire Lase shall not be void; but the
remaining provisions shall conti :.ie in effect as nearly as possible
in accordance with the original intent of the parties.
E. Notice. Any notice given by one party to the other in
connection with this Lease shall be in writing and shall be sent by
registered mail, return receipt requested, with postage and
registration fees prepaid:
1. If to Lessor, addressed to:
City Manager
City of Denton
215 E. McKinney
Denton, Texas 76201
2. If to Lessee, addressed to:
Nebrig & Associates, Inc.
Attn: Mike Nebrig
7515 Lemmon Avenue
Dallas, TX 75209
Notices shall be deemed to have been received on the date of
receipt as shown on the return receipt.
Page 27
F
F
F. Headings The headings used in this Lease are intended
for convenience of reference only and do not define or limit the
scope or meaning of any provision of this Agreement,
G. Governing Law This Lease is to be construed in accor
dance with the laws of the state of Texas.
H. Parking Lessor reserves the right to restrict and
designate parking areas for all surface vehicles on all areas of
the Airport, except the Premises.
I. Attornev's Fees. In any action brought by Lessor in which
a judgment is awarded in favor of Lessor for the enforcement of the
obligations of the Lessee, Lessor shall be entitled to recover oll
costs from Lessee, including attorney's fees, involved in the
enforcement of this Lease. A reciprocal agreement will be enforced
on behalf of the Lessee.
J. Title Commi mint and Surv.
qy_ Within fifteen (15) days
after the Effective date, Lessee may procure a TLTA form current
leasehold title commitment (the "Title Commitment") from a title
insurance company reasonably acceptable to Lessee (the "Title
Company") for the issuance of a leasehold policy of title insurance
("Title Policy") to Lessee from the Title Company, together with
good legible copies of all permitted exceptions (the "Underlying
Documents") and, a survey of the premises (the "Survey"),
K. C ntingencies. Lessee's obligations under this Lease are
contingent on the satisfaction of the following matters (herein
refer--ed to as the "Contingencies"):
Lessee's review and approval of the Title Commitment,
Survey and the Underlying Documents.
Lessor agrees that Lessee shall have a period of forty-
five (45) days after the Effective Date of this Lease
(the "Review Period") in which to inspect the condition
of the Premises avid conduct an examination of the
Premises to retermine if improvements may be constructed
which will comply with generally accepted engineering
principles and which are allowed by law. If within the
Review Period, it is discovered by Lessee that it is
illegal to construct improvements (e.g. soil contains
hazardous wastes) or improvements are incapable of being
constructed (e.g. insufficient bearing strength), then
Lessee shall be entitled to terminate this Lease by
giving written notice thereof to Lessor prior to the
expiration of the Review Period.
L. Term, The effective date of this Agreement is September
30, 1996.
Page 28
4
w..F
IN WITNESS WHEREOF, the parties have executed this Agreement
as of the day and year first above written.
CITY OF DENTON, LESSOR
BY
TED BENAVIDES, CITY MANAGER
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
NEBRIG & ASSOCIATES, INC.,
LESSEE
BY:
TITLE- Rk3
ATTEST:
Pot no-S.
THE STATE OF TEXAS §
COUNTY OF DENTON §
On this day of 19_, before me, the
Page 29
r
4
f
• 1
undersigned Notary Public, personally appeared Ted Benavidea,
personally known to me to be the person and officer who executed
the within instrument as City Manager of the City of Denton, Texas,
on behalf of the Municipal Corporation therein named and acknowl-
edged to me that the corporation executed it.
WITNESS my hand and official seal.
NOTARY PUBLIC, STATE OF TEXAS
My Commission expires:
THE STATE OF TEXAS §
COUNTY OF DENTO`' §
BEFORE ME, the undersigned authority, in and for said County,
Texas, on this day perscnally appeared
known to me to be the person and officer whose name is su ribed
to the foregoing instrument and acknowledged to me that the same
was the act of the said eb i & Associates, Inc., a corporation of
the State of Texas, and that he executed the same as the act of
said corporation for the purposes and consideration therein
expressed, and in the capac:ty therein stated.
GI DER MY WD AND SEAL OF OFFICE, this the 1~
day of
1(a
TONIREEDY
' NOTARY PUBLIC Ci
STATE OF TEXAS
MrCanmissronExpes32l.gg OT PUBLIC, ST OF TEXAS
My commission expires:
'0 VQ
T:\MPDXS\K\NEE0.13
Page 30
~I
IA ~ ~r1 t1 • rtJ } 1~'S i''~1 r, nl. 1 a 7,73, Z r,: 46
A ATTACHMENT A '
1
I
• ft I
v
f
46
1 {I 3 ~ 1'!a / rb~
,
i
:L: ~or2,0.14.V ,
.1 1,
".Aid 4)
z
Ngg~~l~C
J
91yy
PRG'Ll/I Ll 9Y ~Krrc
Sr~cllrlC~45TNRPOKIitOD/lK
r
4
• O
U'l-19-ybAlU~41 hI.YU
M
ATTACHMENT S
O •
a
'00
40
zz
•e
416
h
A
i
oaq M thtt Dense tract, puce or lot of W cut of Lot 1, BW t, SOUYW$r AMPORT
jhc % AMIDDA,, on tal IM to the City of LaWom DWa t CwWy, ran twit to do pMt tt vW ,
mnord~d Im CedLeet Q, PW iM, ftt Amode of Lamm CoWjf, raw tad nm pert x6* a4eaaded '
O a faibnx
IEOM6rIQ d t paif 1r ctirnr thtt it battd'SOI'3d11'M; 9161 tld Si!•30'l0'~ 22"
to fmm do Awtho et mw of #m um twrrwi ' ' • a ' ! ' , i i i
rtMfA►C'r~ smomook pieeaw its *wt lire of 0 Aemg & iw end ut !y else ewlr tt l /a S fw
it M, 20a 0o het to t pant for t corner,
rJIaFNC~ rhu Md lieu of ttk ADM% 0►eieq% msueity F, I Sol •?3'6oW, moo hM
to t /Diet hr t carer;
WA M' NM•30'l0'MS 237.M het to t M& lar amr b & aw i+e of a Yfrioilr nitlMl remiar,
&M V .ad U*y Etmwnt
?WAM' WO * Laid hr Mo843r2lIF, MUS AW to db pia of ari -iV W AWSW r race
e terw orAtd,na. a,l~
MAW
1
F
Ar ac "'fENT c
I
M"z
' NO
2ta E
°z a v 36-
{ .R(,ftr y,orK r. rr.r, !6!0.08' -
~le t
.
041= j S ae• 2 k _ ~~r"'ar. urr,rn r.s crr ,i SET AR
SPIKE
olo r S<3a2r
+r _~Iv
gut Ig ~'~-•--t.a.oa_ 7ro.oa• i
I I u' •ore r------ S
I I ,u.oa• ~ rw.oa• "1 I S 4 m
lam,' Im 'I~ 1 8~E ! j I ~ ! 0 !
to .so ~ I r a~gf ~ ~ s P g a
g r G i
U01 ~N
n
I Ito ~ ~ r~ ~ 1~ I~ ts
to l S
~ Q
`
o
V) e l - aa' AM 8l I$ f
i g',M:oo• ' 17 r j
o• uo.oa• ~ ~ ~7
e0• r 4 44-
uo, oa
se? ,r 8 01 * 23' 50' y $43.7s e iEr >toNMW
=soa ~ a
A~
w or•a'n• r
ray, s=~ Er 112' ACOAR
FOUND RE84A 0 'n a• r
s 12136129' f 45.21'
J. H4R0 1N SUR Vf Y -1656
^ R 0
a ~e y p,lj•?~> -0^ ~j n nn> an' o J I~ ^ Te. e'
n j! 0 a- .f d n" u j e J n n] ] i j a 5^ q.y .^i
'+~n a°e~n r7 $..'r S7~ Q~~" a'~ 'A 'Ep~°$ Zr1'i°:A Cy
♦•us a2 a To 32 Y ,_~n'~in =~~a' So 11'~ xCi
3 In'~a~ g ¢!1 A `
lY 0 0 X^ g N O O
22 a X.1
iTaQ p •p .aa p G n b `a YET 6. a. O
-ni nr~^ s!.i 1+i ^ °Ci igi a!M. zo
t
r
X
• STATE OF TEXAS
COUNTY OF DENT
_ DETAIL w11EREA5, The C7
fN 1515 AbsU2ct Number 97f
/ - sutl2tl+s uW Denton •e recorded
,o its lie _ _ A_•St i more fully described
Bes;nning for ov Ie
brio[ the coo e
M.T. Cole iii vecto ecorde
ts' u.l. .t}■~~n +at3 Neil Survey, and
N' NSLAi!; lIW =
t
' 'J _.~S Theno SOUin 19 dell I of
a 9 8!6'33+ 120 E 1088AT1' eke north ESh
being the twlloke ■Or
~recorded In Volume :
_ III g t
eMIAR[ via?" TAilw1, 0nA1tY•e, Ate Velltri ttlsrwrt 1 tool dM•n[e or U
1y1O herein;
SITE - ~
r-----
$I I ^ v Thence Mmlh 01 des
\ w{ it • eorner;
~C -I` I AI ~ 10 Thente North It dtl
AO.oo_y_____iL~l.JD:1D.'~L_lDSr99____-_..~ 8 y .arernmou wuthwer.
LOCATION HAP Ir N' ACCESS, mAtw,[t. re u+lun_t& - ~ ma y tAg - m ■
Thence North 01 deg
G 1 N'76' loo [ _ 729,00- ~ i s= the northwest corner
O C $i lls alg Thence South It dell
T to II ` rtl Q I nortt,ernmosl nortkee
.r e Thente South Ot degr
So.oo' a ■ • p A t
corner;
` V 171' rut•Ar MAlrwt, Are YitT• LASOM" IYMM
w J
L-.ob to iv Thence South sl de r
d it 11. N c~ I h 10 11'3■'DP Ibt tn+rtrnmolt nortb
w 4I i S 810 6N,i7, k. city or Denton tort t
d +•7 at.or
rvl . I 1+S~~ e' Thence South 12 del,
D-"'36'10• 770_001
'100 2.94 , Denton Iree4 end sal.
a tq' Access 1 1,171LITT ~ lobar 2110 being in Ilk,
e' ° ``S 6.IA'1_- M'~6~1„Q'- ~)o_oo•_ p' " l' .oil• Geb[rr7
2 8 rPARCPL PARCEL PARCEL-_ 4en Thence South 00 des
2 3
I I
R ;r y dist nee rii ieife 480. ~ NOW, TIIEREFORE.
21 9 jo 1
•M 170Do' Itv$ THAT, Ire City of Dr
_ P 10, 0'vr- i l~ 7x'76' •G/ Block I of the ski
y~ 11 Ch. N '111621
130 N J 1u ~t Ae•!icnlt to the nobli
expressed hereon.
i' 1N ~J
i ~E 'I ~N a.
1 to eo •IA A L II 1t'7 STATE OF TEXAS
' S 88'35'10" E 969 00,
I~ I~ oNe Z Before me, the under
i I Sttpbenl. known to t
I%' T" V V ISO' 7DU[ Acknowledged 10 me t,'
96 , ~ !r • ~I to the capacity titled.
~ S '6.36' 0• f 410.76' N
SET NONUM£Nf _ .36 ,j0'N 700.00 _ : j
l 1b5.0' - R I .t Gi.tn order m._ha nd
SET M MEN?~ / r-___~
0
J:\APCOCS\FCRMS\FEBR I',.E
ATTACHMENT D
Being all that certain tract, parcel, or lot of land out of Lot 1,
Block 1, SOUTHEAST AIRPORT ADDITION, an addition to the City of
Denton, Denton County, Texas according to the plat thereof recorded
in Cabinet G, Page 295, Plat Records of Denton County, Texas and
more particularly described as follows:
BEQINNINO at a point for corner that is located S08036121"W, and
588036110"E, 426.80 feet from the northwest corner of the said
addition;
THENCEt S88036110"E; along the south line of an Access, Drainage
and Utility easement at 217.8 feet to a point for a corner;
THENCEi leaving the south line of the Access, Drainage, and Utility
Easement, S01023150"W, 300.00 feet to a point for a corner;
THENCEe N88036110" W, 217,8 feet to a point for corner;
THENCEt N080361211E, 300.00 feet to the place of beginning and
containing 1.5 acres of land more or less.
F
ATTACHMENT E
Being all that certain tract, parcel, or lot of land out of Lot 1,
Block 1, SOUTHEAST AIRPORT ADDITION, an addition to the City of
Denton, Denton County, Texas according to the plat thereof recorded
in Cabinet G, Page 295, Plat Records of Denton County, Texas and
more particularly described as follows:
BEGINNING at a point for corner that is located S08036121"W, 915.7
feet, and S88036110"E, 644.6 feet from the northwest corner of the
said addition;
THZNCSt S88036110"E; along the south line of an Access, Drainage
and Utility easement at 246.84 feet; to a point for a corner;
THBNCBt leaving the south line of the Access, Drainage, and Utility
Easement, S01023150"W, 300.00 feet to a point for a corner;
THENCSs N88036'10" W, 246.84 feet to a point for corner;
THXNCBs N08036121"E, 300.00 feet to the place of beginning and
containing 1.7 acres of land more or less.
I
~3-i3- 336 ZS1~21R"" FR~w CE'nom~s 6~ elf- P.C. i0 PROVIDENT D r P 24
LEMM OF UNDLR.9TANDINO
September 19%
ftwideat Bank
1655 Prwm Rod
f M, Tau 75440
Re: Airport LUX Agreement dated September ,1996 (the "Lease') by end
between the City of Denton (the "City"), as lessor, lad NbbriS dt Aaociatw, Im.
("Nebrig'), as lessee
{t~tatiaaem:
1Ve understand that your Providow Bank (tha 'Lender') Lm prp"WI to raab a loan
w; Nebrig la the I WAU not to oxcpW $440,000.00 (rho 'Lon') for the purpose of oonetr eft
ow'di iep ~v=ww to the real estate that is the leveed FlOdises tmdet the Lase (the
ooaaecttaS texiwRya. NotwidlJUndinS ayddpg'to the =buy caaniaed in the
thus letter ehWl cosnziUds our Weemient sad undastaadittg as to the intetpreauaion of ghe
M in its Vplicadoa to your dShts Ia LU*.
MW IMV MrObY cosasenos to the LoeA to be secured by a 11rat lien on Non's
lewhoJd lnkmat in the Pra isee sad a am priority security interest is all peranli property of
N" on the Premises, (oolkdvely, such Rene and security iatbreat, at 'Liens").
' Z. The Leue Article IX, lmpaph membered 4, will be deemed satistt~ if due Leadec '
to the City a copy of rl1 7vritgta cotttautolcaslaau from iae Lam' to Nebri~ teSttadia;
t la thr Lan sad eafo>tcasneDt of aDq+ rlBhh of Leador whth respect m Rte Lotto or the
Leader's taserat in the Premises or other colletenl.
3. In du event that tba Lase is canceled put== to Article XN or other provisions
of f the Leese, the City ogres to allow the Leader a period of sixty (60) drys following such
caecailadoa (upon dW roadidols that the Larder pays the My dating such period the monthly
teaosl that would be payable to that City had the Lew: not been t:aaoeled), to either (i) assume
the rights sad obl*ui*w of long under the Lease is accordanoi with the pu Wqb twmbwW
1 ~f Article IX of the Lane, (9) or, without bsoomiag liable under the Lease, present to the
Citya MAW= Iwsa, acceptable to the City in its ressomble approval, for the purpose of
rewftti*S the Loose with the nvlaccmeat leseee or entering into a replsoe=t leas having the
u#te terms for the balance of the loose term. lc Any even, the Usw of the Leader would
tirr)el tdMP" until foreclosed or releued by Lender, so 'long U monthly rentak us
4, The exercise by Leader of its rights to foreclose say coWtara! interest is the Premises
or .the property of Nebrig shall act, Itself, be a default under the Usee.
reiMw~,~r
.:1
a
F
P.3
3EP 13 '9E i1323Htt FPG:It~E'T B.. FFES~Ca~
C,9-13•-199ti 25:22kiM FROM Trnm#s 8 Self P,C. TO PROUICt]rf P.03
i
S. City the 0XICA u tthaot sSS to the Lenda, ft wrosuothisf LetWj L41tW 04 d16 mm ter sha11 be iSOnttoUft of the
Le1se, the City sgmroea
6. This ictut is liven to um the Lender as to the intetpteustion of certain Qroviga
aiYbdm &I iauteat of t s Leader; is WW in tbb Latter is intended to cottfer or shall cptlter
nay t413 Of benefit q= Nebtis of aOY third PWY other than Leader.
If the above 1,=0e1y tetiecu our +mder itiridit sad , plan Wkue by
116* q below and tetu %W a camtMa t to the Cty
~ sincerely.
city of s T"
E .
.i
By: `
and AOCapted tills _
o sopmabno 1996
s
Idol Book
r
.i
' f C:' taC` •
Tm C. Vaggot er, ST ca Moldent
7ll Admow tubw, 19%
Nebrii do A~soelew, ftss•
By;
i
pesit~wws. ,
{
4
F
Agenda Item iD Date
9',Q4-9f0
CITY OF DENTON, TEXAS MUMCIPAL BOLDING ~ DENTON, TEXAS 76201 • TELEPHONE (817) 566.8307
OYce of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: September 20, 1996
SUBJECT: Resolution Of The City Of Denton City Council Requesting
The Texas Municipal League To Sponsor Legislation To
Deliberate Board And Commission Member Appointments In
Executive Session
RECOMMENDATION:
Staff recommends the adoption of this resolution.
SUMMARY:
Upon approval of this resolution, the City Manager would be
authorized to for;rard a copy to the Texas Municipal League for
consideration during the annual conference in Corpus Christi,
November 13-16. The resolution requests that TML sponsor
legislation to enable governing bodies to deliberate board and
commission member appointmentcs in executive session.
BACKGROUND:
During the Annual Planning Session on June 28-29, Council discussed
board and commis3ion member appointments. One of the aspects of
this discussion was the ability of Council to deliberate the
appointment of citizens to its beards or commissions regardless of
whether the board or commission is considered to be "discretionary"
or "advisory." The purpose of deliberating in executive session
is to protect and preserve the reputation of the citizen; being
considered.
It was determined that Council should be able to discuss these
appointments in exec>tive session. Consequently, Staff was
directed to pursue avenues to effect this change. The City
Attorney has suggested that the easiest way to accommodate such a
change would be to amend Texas Government Code Section 551.074 to
allow a governmental body to deliberate the appointment of a board
or commission member. Under the code, an appointment of a public
officer or employee may already be considered in executive session.
"Dedicated to Quality Service"
a
F
The TML Constitution states that resolutions for consideration at
the Annual conference must be submitted forty-five (45) calendar
days prior to the first day of the Annual Conference. As the
suggested date for receipt these items is September 30, council
Aapproval of the
Conference is resolution schedulede fora ovember a that
16,, date. The
Corpus
Christi.
PROGRAMS DEPARTMENT OR GROUPS AFFECTED
City Council appointees to board or commissions.
FISCAL IMPACT•
None.
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
Ted Benav des
City Manager
Prepared by:
A oae Portugal
Assistant to the Cit Manager
Attachments: 1. Resolution
s
i
S
r
£:\WPMCS\RES\BD.UT
Agenda No. (o -040
Agenda Item SC
Date 4 -a~1-9(~
RESOLUTION N0.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON REQUESTING
THE TEXAS MUNICIPAL LEAGUE TO SPONSOR LEGISLATION TO ALLOW MEMBERS
OF GOVERNMENTAL BODIES TO DELIBERATE BOARD ANT) COMMISSION MEMBER
APPOINTMENTS IN EXECUTIVE SESSION UNDER TEX. COV'T CODE §551.074;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Texas Municipal League holds an annual conference
to discuss matters of importance to local governing bodies around
the State; and
WHEREAS, the Annual Conference is scheduled for November 13-
16, 1996 in Corpus Christi; and
WHEREAS, opinions of the Attorney General have held that city
councils are not authorized to deliberate appointments of advisory
board, commission, and committee members under Tex. Gov't Code
5551.074, because such persons are not officers or employees of the
governing body; and
deliberations concerning City council boards lore commissions o should confidential
allowed in executive session, regardless of whether the board or
commission is discretionary or advisory; and
WHEREAS, such action would require an amendment to Tex. Gov't
Code 5551.074; and
WHEREAS, the City Council believes that such an amendment
would be of benefit to local governing bodies around the State;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I That the City Council requests the Texas Municipal
League to consider sponsoring legislation to amend Tex. Gov't Code
§551.074 to allow governmental bodies to discuss appointments to
boards, commissions, and committees, regardless of whether the
board or commission is discretionary or advisory in executive
session.
SECTION 1_1, That the City Manager is authorized to forward a
copy of this resolution to Mr. Frank Sturzl, Executive Director of
the Texas Municipal League.
SECTION I-u That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
1996.
JACK MILLER, MAYOR
s
r
t
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: i
Page 2
7
t
7
Apenga Mo. 9(a 'U
Agenda Item -5a
.S-
Septg6-2, ,99th -y=ltiO
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TED BENAVIDES, CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF A RESOLUTION REQUESTING THE T,1L7XAS
MUNICIPAL LEAGUE TO MONITOR LEGISLATION REGARVING FURTHFR
SUMMARY: CHANGES TO THE PUBLIC UTILITY REGULATORY ACC.
In 1995 the Texas Legislative made changes to the Public Utility Regulator Act (PURA) which made
the electrical transmission lines in Texas available to any electrical power generator to transport electrical
power on a wholesale basis to any utility in Texas. Other changes assured the development 'of a
deregulated wholesale electrical power market in Texas, Rules are still being developed by the Public
Utility Commission on how the wholesale markets will work such that the reliability of the electrical
system in Texas can be assured and all wholesale parties have acccss to the market.
Power marketers and independent power producers wt; mo!:..11*ng a major effort to get legislation passed
to extend the market past the wholesale level to the retail lc i.e., to the individual customers on each
wholesale utilities distribution power lines.
Denton has two major concerns with this possible next step.
1) Flow the market will work to assure our customers a reliable electrical pourer supply; and
2) The increased cost of electricity to Denton's residential and small business customers if
the large industrial customers switch to new suppliers for their electrical power.
The Public Utility Board and staff have discussed this issue at length and believe that to protect the
reliability of electrical service to Denton and hold down the cost of electricity to the Denton homeowner
and small business, that the state legislature be encouraged to not adopt any "retail wheeling" legislation
in 1997 but rather for the present time let the wholesale markets develop. The wholesale market can
help lower costs and will allow each wholesale utility, such as the City of Denton, share those savings
with all customers, including homeowners and small businesses, rather than all of the savings flowing
only to the largest companies.
Respectful y Submitted:
Prepared by,
~ Ted enavides, City Manager
R. E. Nelson, Executive Director Utilities
T.\F79G.'S ~,P E517L'FA.NEti Agenda No. /7(q _Or,^
SC.~ s
Agenda tte 9 . A~
Date
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO REQUEST THE TEXAS
!MUNICIPAL LEAGUE TO MONITOR LEGISLATION BY THE 75TH LEGISLATURE TO
FURTHER CHANGE THE PUBLIC UTILITY REGULATORY ACT UNTIL TEXAS HAS AN
OPPORTUNITY TO UNDERSTAND THE EFFECTIVENESS OF THE CHANGES THAT ARE
CURRENTLY BEING ADOPTED FOR THE WHOLESALE ELECTRIC MARKET IN TEXAS;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Texas Legislature made significant changes to the
Public Utility Regulatory Act (PURA) law in 1995 regulating to the
electric utility industry; and
WHEREAS, the regulatory rules and procedures for these changes
have been adopted; and
WHEREAS, these changes will allow competition in the electric
wholesale market; and
WHEREAS, this wholesale market will benefit all Texans; and
WHEREAS, Denton operates it's own electric system; and
WHEREAS, if the Texas Legislature adopts retail wheeling,
Denton is very concerned that it could raise electric rates and
increase taxes in Denton; and
WHEREAS, there is no experience with retail wheeling in the
United States; and
WHEREAS, Texas has a healthy economy and is creating more jobs
than any other state with the existing electric utility structure;
and
WHEREAS, record numbars of industries and businesses are
moving into Texas, partly because of the lower than average cost of
electricity in Texas; and
WHEREI,S, the adoption of retail wheeling could remove the
electric price advantage that is critical in promoting economic
development in Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City Manager is hereby authorized and
directed to request that the Texas Municipal League monitor
legislation by the 75th Legislature further change the Public
Utility Regulatory Act until Texas has an opportunity to understand
the effectiveness of the changes that are currently being adopted
for the wholesale electric market in Texas.
t
4
E
SECTION II That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of
1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFEI! WALT.^;RS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: ~vG"~✓"
Page 2
f
r'
E:\N{+DOCS\CRD\RfS
Ager,da No, ()qO
Age ida ltem_- SG 4 ~i
Date -~y-9Co
ORDINANCE NO.
i
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND RATIFYING
THE MAYOR'S EXECUTION OF A SETTLEMENT AGREEMENT, AND AUTHORIZING
THE MAYOR TO EXECUTE ALL DOCUMENTS NECESSARY TO EFFECTUATE SUCH
AGREEMENT IN THE MATTER OF JOHN T. WEBBER AND ERIC S. BARNES.
PLAINTIFFS v, CITY OF DENTON TF}.& DEFENDANT V. RPS VENTURE_%
INC., Rg► IK U. RANA AND PUSHPA DANA INTERVENORS AND
INC. , RnbrnrIV U. RpNA ,AND PUSHPA R $PS VEN ES
TEXAS DEFEt ANA PLnINTIFFS V CITY OF DENTON,
sDANT V JOHN T WEBBER AND ERIC S BARNET, INTERVENORS,
CAUSE NO. 95-40737-362; AUTHORIZING PAYMENT OF $110,000 TO RPS
VENTURES, INC., RAMNIK U. RANA AND PUSHPA RANA AND THE PERFORMANCE
OF OTHER TERMS AND CONDITIONS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the signature of the Mayor on the attached
Settlement Agreement in the matters of Jo n T. ►Lebber and Eric
Barnes, Plain iffs v Cit
1! Q~ Denton. Texas, DefQndant v. Rp,~
Ventures. Inc.. Ramnik a_ Rira a
v121.1! 11
g- _U n and
entu er s, IN Ramnik U Rana an a R n In ry
4f Denton Texaa Pushpa Rsna P alnrtPfs v Cirv
Def da v, John T, Webber an Eri- S Barn a.
Intervenors, Cause No. 95-40737-362, providing for the settle t
and compromise of this litigation now pending before the parties in
the 362nd District Court, Denton, Texas, including payment in the
amount of One Hundred Ten Thousand Dollars ($110,000) to Plaintiffs
RPS Ventures, Inc., Ramnik U. Rana, and Pushpa Rana, in accordance
with the attached Settlement Agreement, and the performance of the
other terms and conditions of the said Settlement Agreement,
including initiating a rezoning application for the property
indicated in the Settlement Agreement, a copy of which is attached
hereto and made a part of this ordinance for all purposes, is
hereby ratified and approved. The Mayor is further hereby
authorized to execute a Release of All Claims and all other
documents necessary or required to implement the terms and spirit
of the settlement agreement.
E T I That the City Manager is hereby authorized to
make the expenditure funds as indicated in the attached Settlement
Agreement.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of _
1996.
JACK MILLER, MAYOR
r
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
Page 2
7
t
F
NO. 9540M-3362
JOHN T. WEBBER and § IN THE DISTRICT COURT
ERIK S. BARNES,
§
v. § OF DE`4TON COUNTY,TEXA.S
§
THE CITY OF DENTON,T'..XAS, §
Defendant § 362ND JUDICIAL DISTRICT
V.
RPS VEN'T'URES, INC., RAMMK U.
~
RANA and PUSHPA RANA, §
Intervenors. § 362ND JUDICIAL. DISTRICT
NO. 9S-40737-36Z
RPS VENTURES, INC., RA1MNIK U. § IN THE DISTRICT COURT
RANA and PUSHPA RANA, §
Plaintiffs, §
V. §
§
THE CITY OF DENTON, TEXAS, § OF DENTON COUNTY, TEXAS
Defendant, §
V. §
JOHNT. WEBBER and §
ERIK S. BARNES, §
Intervenors- § 362ND JUDICIAL DISTRICT
:,F ~r I
r
t
Case Yo.
1 :a the Court of
.fa S
!
..Ants
SETII:.~NL !IGAEFS~VT.
e parties hereto agree to Settle all Claims acid controversies between cbem, asserted or
N r
-.able in. this. case nmeapc A) il
Me consideration co be given for this settlement is as follows -JI'e.e 4C-! I a (a) Shall receive the sea of U.S. dollars, on or before
wbica sue will be paid blr the followint parties is the amounts stated:
and/or
(b) shall execute a tote payable to on a State
3ar of Taws approved form with the followtn cam.
(i) principal amount
(ii) t iaterest pre maturity and t poet maturity
(iii) tote dace; aaturlty data
(iv) payment farms
(v) secured by
which shall be evidenced Dy _
Me above styled and nwbered case shall be resolved by: % 1
(a) an agreed order of dismissal with prejudice with costs taxed to ✓ PWL~
_ (c) any agreed judgment shall U signed by the trial judge, buc may aoc be abstracted or recorded
or my collection aiforr "d a upon sme so long. as the !a1lowiat Conditions are kapc:
The parties agree to relaasa,, discharge, and forever bold the other harmless from any and all
!aims, deseads or suits, known or ualmown, fixed or contingent, liquidated or unliquidacad whether or
it asserted is the above case, as of this data, arising from or related to the sweats and transactions
Mich are the subject utter of this case, except for the folloviag: N did 1C
Zia mutual. release nuns to tht benefit of all attorneys, agents, a plareea, officers, direcears,
nareholderr aoQ pamers_of.ra~patsies.escepe a&15-, -
?arry" as used in this release ineludu all eased parties to this Casa, as w11 as
lit 4&.*% C,6, Ce,..,4r•s.g. Olall refaced entities of rho parties except nlnv {
:aca signatory, bereto warrants and represents:
U(a) ba or she rims authority to bind the parties for whom that Signatory acts.
-f b) trio claims, ;nits, rights and/or interests which are :to suojecc utter hereto are tweed by
the party asserting Save, have noc been assigned, transfemQ cr s Id and are ;rd of d"raace.
C, 4~
Y
?Act .aa
dxacuttoR Of piC.ila a:jree t0 "OoperaCO wi Ch u J~C
such addic onal documeacs as are eaaonabl ro ach octar to the draftLag and
and spirit of this agreemeac. Y Quested or required to Lmplemenc the cams
T• If oat or more disputes arise with regard
agre""C or any or its PrwtsLons co the tacerArecation And/or ParEcraancs of this
, the Parties i
'+ith the aedLator who •aciltcated this secel.msnta6r[e to Par. W resolve sale by phone "a er,nee i
phone' eonferejy_e, Chen the Percles cannot resolve their differences by
(oJ days to -0, e rh f Wets ca schedule one day of !'AdiatLon With the `
medlaeo- spucaa and to spars the costs of same
a9 Cf A. Pub ref mad.p r r rei tuseshirty
than cbat Perri W hoc raww actoraeys fees or coact to Ling en
or enforce this aaf lit ~
a;reemenc. otherwise, if mediation is n the a rAVALIe co arcr r i'
Parctas shall be eneLtlad co vaauceessful, then the PavallLp
uasueeasa' rewwar reasoaahle attorneys Fees sad S PrtY o
help mediation, expenses, tocludicut the cost of the
e
3. other warms of this setclemanc are S-~
i
Eais airaesssat is wade and "ith the lava of performable to Dallas Cdc:asy Issas and shall be eoRSeretad to +ccocdaace
the s Stace wade
of Ins r
Lo, yam signacorr to this seccleeanc has entered Coto same freely and vithouc durmss after having
'40e+Lt4d with ProfasatonaLs of his or her cboice. Each patty hereto has baaa advised
:hat cha ledlator is hoe the aceoeaaY For &W Party and that each
'e"" W by that Perty's attorney prior to asecuc! Ae~T should have this agreeaaae
° ng saw.
SLM*Q this Zeday of 1,92L.
'laiatiffs
✓ Defendants
2
PAr'ovad Attorney for plataelffse
Approved Attorney for Defendants: ~
their
P Atc _
Approved Attorney for,
I
' t
j7
9
r.
The "subject property" made the basis of this Agreement is depicted
in the area outlined in red and marked RPS on Exhibit 1
Neighbors affirmatively support rezoning and settlement
Neighbors abandon previously awarded attorney's fees
City abandon claim for existing mowing fees
City waive rezoning & replatting fees
City uses best efforts to assist RPS in marketing subject property
by appointing as liaisons the following individuals: Linda Ratliff,
Economic Development Coordinator; Harry Hall, President of the
Board of Directors of the Economic Development Corporation of
Denton, Inc.
Subject Property shall be rezoned to provide for those uses
provided in GP district, except that the following are added:
Mini-warehouses
The following are deleted: (see exhibit N2)
All parties bear their own attorney's fees and costs, except that
City will pay Weber & Barnes court costs and mediation fees
No structure shall exceed 2 stories
Access for all non-residential uses taken from I-35E frontage road;
no direct motor vehicle access for such uses to and from Lindsey or
Willowood streets
Only residential uses on south tract are permitted motor vehicle
access from Willowood
No direct illumination of adjacent land which is zoned and used for
single-family homes
Stormwater runoff from any development on north tract shall drain
north
Drainage improvements constructed prior to development of south
tract, in accordance with City ordinances
Walls, fences & trees per City Code requirements
City pays RPS $110,000
Mutual releases and dismissals with prejudice
tf ~►>~-ter-' d~+ Se ~-;Lf.,,,.,~r- /~~,-~.if-„
I
1
1 ~ 1!1 1I
0 LS
^tu ~a
~4 Z•
VPTI
- J ~---1 - - --7
Ing
mAL
M
I
§ 35. 1 § x-77 § 35-77
GR GR OR
rnsuss TYP1 USS ~q TYPE URS
IOU
0 O OuM1
AMUSR.YIIJ? COMMSIICIAL LIGHT MANVPACM WOO
(OUTDOOR) PAww SROP INDUSTRIAL UsMS WHICH
MSST rSRr01WANC1 STAN•
AMUSDRNr, COMMBRCIAL x RESTAURANT K BARDS
iW100N RETAIL STORMS AND SHOPS HMVr MAM1MCTURINa o
SATTINO PRACrICX rAC1U. 4.9m SQUAM M? OIL R DJDUSIRIALUSMS NDT PW
TT RETAIL STORMS AND SI:OPS HI/1TRD n TAW AND
COUNTRY CLUB ) 4,000 SQUARM PSBT K CSPTTNO rHOS1 SPSCVi.
CALL? LISTED AS,
STUDIO FOR Mam REQUIHWO SMIrIC US&
A- SR KUStMA ARTIST 0 K PLRM RS WHICH NUT PMl
DRAG STRIP OR COXKS& R1ALrH FORMANCE STANDARDS
CLAL RACING SSWNDNAND SH)RS. U8 ANY WDUSMAL UM
P rummm 01 RuwxAa WHICH DIM TO "I PUSSI•I
S eASS BLS SMIMSION or Sxcm
00LART TRACK TOOL OR TRAIES RENTAL SI1i1 SM M MOM. GM.
PUM DUST. Book YRRA.
i "OR OR =9 OANOSR OF
COLT COU1141 (COMMSR• J PlRS.CVLOSION OR RAOVa
CIAL) ANOW.POVND IPIJRLIC OR{ TTON AS MAY SS DSIEL
MDW SY THS H&ALTH.
PANG OR PLAYORCVND I" X PRl\7NSK FIRM OR BUILDING OM.
L:Q ANMAL CLINIC OR HOSPIl CLUa TO SS PRXVIN LY 0
PLAT PIBLD OR STADRDR TAL (NO ourSms RUNS 01~UJ x W THS MVRi LWLT TO
(FUSLIC) x I S S A HAZARD OR NUISANCs
ANOML CLINIC. HOSPIT TO AWACWf PROPVM Olt
RODEO GROUNDS DR R>oOfsL WITH THS 00309UHM AT LAR01
ROU.1R OR ICS SKATW0 RUM OR PRO BUT WHICH MAY SM
'WK 1D AND OPtRATTD URD uND
erlcvlc SuNDTANDARDR
ItN 5 aRSS►reovas OR FLAW x (Ord. No. 59-1, 11(,9-1; 1
+ MATCH"T 1,1-25-72; Ord. NO. 17&
ANN SrASL&COMMERCLU.RWR uvssrocKAUC M Ord. No. 77-31, Pt. L32,
.AL
S ALAX Bomwm Lrvserockrumma K SANr. No. 78-41,11,8-15-'1, 1
x K 84-55,11,5-1-84; Or-85
` _ IMAMU 2, 12.3.85; Ord. NOrd.
~ I; -
~~MATtRw.RAL 1
Sa II, 4-19-88; Ord. NoJrd,
BUILDING
~r CAMINSTAMUPS OLYMY 2-5-91; Ord. No. 914
SHOP
PLANT MOMMERC ALI
jMn-WAD CLSANINO AND GEEING
ION OR TTSRM INAL CIJANWO PLANT. SACS0
ORSTORAGSCOM- CARPSPS 13POCIA1, EQUIP.
RSIGRT T& MINAL CTATHWO MANUFACTVREE
M82GH TTERMI- ORUGHTCOMPOVHDWa0
PABRICATTON
CONTRACTORS SHOP AND
STORACII YARD
LNGW1 AND MOTORMPAIS
or.w x ING
MILROAD TEAM TRACK nto SPORE
PARKING LOT TRUCK ruA MARKTLT
Supp. No. 5 app No. 5 S ,.p. No. 5
~x
4 35-77
` GR GR
cR X DESIGNATES
h DESIGNATES
~5 Z S DESIGNATES N:
TYPE usa~ TYPE VSt TYPE USN? cH 61
as
0
LIBRARY Mum X TYPR USE
Y0NASTHRYORC "0" ; IALT HEAVY WACHWERY L41M c~
AND STORAGE
NURSING HOME OR RLSI• 0 m
DANCE ROHR FOR ACED X ERR P%ft?rwPRINTING NEwSPM
• ~ ~ AUTO LAUNDRY X P PEDiTW6 OR
PARKPEAYCXMJNDOff X AUTO PADTTDIO AND BODY LAUNDRY PLANT (OMOOM
X REPAIR, CtAli oNarAMMY DwaTIDiG D&
uc COYMUNRTC9P27R
AUTOSALW AND REPAIR (a MTLK DEPOT. DAIRY OR ICE TAcMw
OR~OND~ PRnTARY X BUILDING) X CRRAH PUNT
AUTO WRECKING OR SAL PAIR SHOP TAC M]LY DWE11.IN0 AT-
scHOOL.PTTBUCOHOENOM. TACeEn
DVATIONAL X VAGE TARD PETROLEUM PRODUCTS
9TORW&_WROUTSAu STRW MD.Y DWEIJ.0J6 Ra. K
SCHOOL, avRDrsYR on
~
TRADE X NEW AUTO P SALES X PLUNGING SHOP TWOPA)ILY DWELLING
D STORES &AD. GRAVEL OR LAM MULTIPLR-PAMMY DWEIl.
CAR SALLi SALES OR STORAGE 210 OR APARA031T
xUOiTIPIC OH R~EARC@
1 ATTDM~ CENTER GyU X SLAT COVER AND MUFFUM LABORATORIES 0
tLAcrA h* 247EMJJMON SHOP STORAGE AND SALES OF
DORTOTOHY
PLANT Tin XCIRRADDIG OR CAP- FURNITUREORAPPLLWCRB
' PING OUTSIDE A BUMZ040
~ H"' USEDAUTOPARTSSALES(DI MRA0E 0H WARE
ELECTRICAL EURDD101 KOUSS ~ni ✓ TRAD.R CAMP OH MOB Di
B TRAILIS RRNTAL ON SALRB 80-TARN
PINLO OR OONSPWC'RON ANTIQUE SHOP X T'R C
OmcE ff%MLAM ANS►ER. STORAGE AND
EAIOSRT OR COMMON• BAGGAGE TMU41KAL ARTGALLBYORMUEM X
X RY R80►ItAI X WBOLLSALA OmtE AND COIETERY OR MAUBOLEUIL S
N uN tAIrrgLA X sAloj RGC1
GAS TBAbuswMIO R CRUNCH of RECTOKY A'.
CLIANDIO AND PRESSING X L OOU.BGEOH UNTY61pRTOR X
BUMR OCCVPATKIN X S1LAL19HOP AND PICKUP EXTRACTION AND ML40E PRIVATE SCHOOL
CURTOM PRRSONALSERVLCS OF SAND. CAUCKL STONE.
N ' DEG SHOP K CLAYOaOMVEL uC1
PRIVATE UTILITY SHOP OR DRAPERY NEEDLEWORK OR X PrrROLEVM OR OAS WEU. COI4/fEiTONAL PACDJ'{48
W6AYW0SHOP PETROLEUM COLLECMO
rL.ORIST OH GARDEN SHOP X OB SWL4A;x PACMJTM DAT CAMT
Fueuc BKHIDDro DAY NVRRSSY os LINDM
S GREENHOUSE OR PtAM X MUMO 0H STORAGE Or OARM SCHOOL X
!ED wrr NURSZRY TRETALU MIRING WATTE6
FRATERNITY. SOROREft, S f
7AA HANDICRArTSHOP X K
LODGE oR CIVIC CLUB
mecus -A. HOUSEHOLD APPLIANCE X
X Samce AND REPAIR
' G, X BRICK KMN OR THS PLANT
SWMOCM POOL(PRIVATEI X S ~r C-E CEMENT 0a HYDRATED HOME FOR CARE OF AICOl
N
MD[iOGRAPl1. S'TATICN6RY X Loa MANUFACTURE MC.
n ORLVrMRSHOP DUMP OR SANITARY FILL
TELEPHONE I= AND CL MORTUARY OR FUNERAL X AMA `BETTAL ICW~IAL ACUTE X
FARWR MoONG AND SALE O► CON•
LAY STATION OFFICE& PROrMIONAL X CRrL; BOBPTTAL (CHRONIC CARq X
AND ADYDilSTRATSVt OPEN SALVAGE YARD. FOR ciom OR PNDANTHRG X
AT10 OFF•PRXML4td SALE Or X RAW OR MACKI74M,, FTC. NATSlRa
SafltANdOR WOIE SMELTER O R RtPmJtY ow-Stea DTd1LRGDB
l t I 500R wlNt 9] z r appYGcama for a buddin
Sapp. No. S 'Supp, . s
upp. No. S ~SUpp ' S
T
a
ti
F:\FRDOCS\RES\KRUEGER.RES Agenda No. to 04 h
Agenda ftem SCALZ_
Dale..,r~~~
RESOLUTION NO,
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON ACCEPTING
THE RESIGNATION OF COUNCILMEMBER JEFF KRUEGER AND EXPRESSING
SINCERE APPRECIATION FOR HIS UNSELFISH SERVICE AS A COUNCILMEMBER
FOR DISTRICT 2; REQUESTING THE GOVERNOR TO PROCLAIM AN EMERGENCY TO
ALLOW THE CITY COUNCIL TO CALL AN EMERGENCY ELECTION UNDER THE
TEXAS ELECTION CODE TO FILL THE VACANCY IN THE DISTRICT 2 CITY
COUNCIL SEAT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Councilmember Jeff Krueger, representative of
District 2, submitted a written letter of resignation to the Mayor
and the City Council at its September 17, 1996 meeting, in
accordance with Tex. Elec. Code §201.001; and
WHEREAS, the City Council wishes to accept, with regret,
Councilmember Krueger's resignation, in accordance with Tex. Elec.
Code §201.023; and
WHEREAS, the City Council wishes to express appreciation for
Councilmember Krueger's unselfish service as a representative of
District 2; and
WHEREAS, Section 2.04 of the City Charter requires that all
vacancies on the Council be filled by a special election held on a
Saturday within sixty (60) days following the creation of the
vacancy, and there is no uniform election date available for such
election during the required period; and
WHEREAS, the City Council understands that, regardless of any '
provisions in the Texas Constitution to the contrary requiring
Councilmember Krueger to continue to serve until he is sworn into
another public office or his successor has been elected and
qualified to serve, that Councilmember Krueger intends to vacate
his seat on the city council and not continue to serve in order to
prepare for his new public office as County Commissioner; and
WHEREAS, the City Council, which is composed of seven members,
does not want District 2 to be unrepresented and, due to numerous
4-3 votes on the Council over land use, economic development, and
other issues, the Council considers that this situation creates an
emergency which may not only leave District 2 unrepresented, but
may make it difficult for the City Council to make decisions in a
timely fashion on important issues affecting the public health,
safety, or welfare, upon which there is a difference of opinion on
the City Council, due to the probability of 3-3 votes on many of
the issues during the time the office is vacant; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I The City Council accepts, with regre'C, the resig-
nation of Councilmember Jeff Krueger, and expresses its sincere
appreciation for his sincere unselfish service.
F
SECTION II. The City Council requests that the Governor grant
it permission to order an emergency election to fill Councilmember
Krueger's vacancy for the reasons expressed in the preambles to
this resolution, so that an election can be held within the sixty
day period required by the Denton City Charter. The Council
further requests that the Governor issue an order or proclamation
for an emergency election allowing this special election for tb.~
vacancy to be filled on a date other than the next available
uniform election date, in accordance with Tex. Elec. Code §41.0011.
SECTION III. That the Mayor and the City Manager are
authorized to contact the Governor's office and to send, with all
due dispatch, a certified copy of this resolution to Governor
George Bush, along with a request that he proclaim an emergency
election to allow the City of Denton to order the special election
to be held within the Charter time period on a date other than a
uniform election date.
SECTION IV. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: V-e
I
Page 2
S){i
iY
Agenda No. - O
Agenda Item C,05 /
Date Ll-Q (o
CITY OF DENTON TEXAS M1 1N/ClPA1 0) ilLD11VG DENTON, TEXAS 76201 0 TELEPHONE 817 566.8307
Office Of the City Manager
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, city Manager
DATE: September 20, 1996
SUBJECT: Public Transportation - Route Revisions
The City of Denton and SPAN will implement route revisions to the
public transportation system effective Tuesday, October 1. Staff
from both organizations have worked very hard to make these
revisions. The following is an overview of the changes and the
method of implementation.
Approximately a year and a half ago, Staff determined that the
federal appropriations to support public transportation in Denton
would not be sufficient to maintain the current level of service.
The greatest single reduction occurred in operations which affects
the ability of services Program For Aging Needs (SPAN) to meet the
operations and maintenance cost of providing transit services.
Those services include both fixed route and demand response
(paratransit).
In order to provide the most cost effective service to the greatest
number of citizens, Staff determined that a wholesale review of the
existing routes would be necessary. Accordingly, an outside
transit planner was used to assist staff in revising the routes.
The net goal of this action was to pare the routes to more
realistically meet the service threshold. That is, to better serve
high ridership areas and points of interest.
Following many months of work, a public hearing, and additional
discussions among staff, a plan has been developed that
accomplishes the following:
• reduction of the existing fixed routes from five to four
including a new, revised "green" route;
• reduction of the Saturday service by two hours;
• elimination of all holiday service commensurate with city of
Denton holidays;
"Dedicated to Quality service"
s
0 maintaining the existing demand response service to meet the
needs of senior citizens and those with mobility, vision, or
hearing impairments;
• and, providing earlier service during the morning peak.
Although there is a reduction in the number of fixed routes, Staf~
believes the revised routes will prove to be more cost effective
in terms of operations and maintenance, more efficient, and of
greater convenience to the public.
Currently, SPAN operates a Saturday schedule from 10 a.m. until 6
p.m. The revision provides service from 9 a.m. until 3 p.m. This
creates an earlier opportunity for citizens traveling to the mall
or other retail or entertainment areas. Based on the ridership
data, there was no support for maintaining the existing hours as
passenger trips fall off substantially after 2 p.m.
Under this scenario, no ruts were made to the demand response
service. FTA guidelines require that comparable service be
provided to those citizens with impairments who are ADA eligible
for the service. Staff was able to leave the paratransit operation
intact.
Also, the entire fixed route system will begin earlier trips to
allow for morning commutes. In transit jargon, Staff f allowing
a complete "cycle" of the routes to make it possible for
individuals, students, or other citizens to reach their
destinations by 8 a.m. These additions in the face of reduced
operating funding is an attempt to generate additional ridership.
Included in this report is i memorandum dated September 13 which
outlines the notification process and the method for implementing
th9 new routes. Every effort will be made to publicize the changes
an-1 ensure as smooth a transition as possible. However, a
wholesale change such as this involves patience and time to be
effective. Given the continuing prospect of reduced federal
funding, future cuts may be necessary.
Staff believes that the revised routes will create a more cost
effective, efficient, and convenient system. As the new service
begins, there will be some minor "tweaking" of the system
throughout the time of operation. Additionally, Staff will review
the entire system in six months to assess the effects of the
revisions.
Please advise if additional information is needed.
RESPECTFULLY SUBMITTED:
Ted Benav des
City Manager
r-
Prepared by:
Ap Portugal
Assistant to the City Manager
Attachments: 1. Memorandum to Council, September 13, 1996
2. Table 1 - Factors Influencing Route Revisions
3. Table 2 - Route Revision Process
4. Table 3 - Goals and Objectives
5. Table 4 - Effects of Route Revisions
6. Table 5 - Distribution of System Maps
1
n
t
F
CITY OF DENTON TEXA$ MUNICIPAL 801L01Na • DENrCK TEXAS 76201 • TELEPHONE 1917) SBE g,107
Once of the Cdy Manger
MEMORANDUM
TO: Mayor and Members of the Citf0the y ouncil
THROUGH: Ted Benavides, City Manage
FROM: Joseph Portugal, Assistant City Manage
DATE: September 13, 1996
SUBJECT: SPAN Route Revisions - October 1
As you know, Staff from SPAN and the City have spent the last
several months reviewing the existing fixed route system in Denton.
Faced with the prospect of reduced federal funding to su
public transportation, it was determined that the routes would have
to be revised to better serve the community and the riding public.
Accordingly, based on extensive research and a thorough evaluation
of each route to include points of departure and arrival as well
as time and frequency of travel, the routes have been reduced from
five to four. Also, all holiday service has been eliminated. The
new routes will continue to provide Saturday service albeit in an
abbreviated form from this past year. These changes are aligned
with the budget to be adopted by Council on Tuesday, September 17..
To ensure that the public is aware of the changes that will occur
on October 1, Staff proposes the following,
Notification
• Brief Executive Staff - September 17
• Brief City Council - September 24
• Preview of new routes and system map with the SPAN ADA
Advisory Committee - September 25
• Press Release/News Articles Including Map - Denton Record
Chronicle, week of 9/23 and 9/30
• Notification on Local Cable Access - Beginning 9/26 on Channel
26
• Notification of Broadcast Media - Beginning 9/26 on KNTU
F
~r
1
c,
r
i
• Distribution of Maps:
Government Facilities - City, County, Federal
Golden Triangle Mall
Retail Centers - Walmart, Kmart, Target
Financial - Banks, Credit Union
Chamber of Commerce
Medical - Hospitals, Office Complexes
Residential - Apartment Complexes w/high ridership
Educational - DISD, NCTC, TWU, UmT
SPAN Vehicles - Fixed Routes and Demand Response
• Staff will also be available to make presentations or assist
organizations with their patients/clients/residents
Transition of Rout*&
e New signs to be installed on new stops and masked prior to
October 1 - Beginning September 16
• New signs replacing existing signs, if the route color remains
the same, prior to October 1 - Beginning September 16
• Training for SPAN Operators - September 26
• Training of City Volunteers - September 26
City of Denton personnel will serve as customer service agents in
the field during peak periods on October 1. Volunteers will be
located at high traffic areas as well as more common retail outlets
to assist customers. Also, Staff from SPAN will drive old
(existing) routes that are changing to assist riders to their
destination and advise of new routes and schedules.
Although the transition from existing routes to the revised routes
poses some complications, Staff believes that the aforementioned
steps will help ensure an orderly process. Please advise if
additional information is needed.
s
CITY OF DENTON
! PUBLIC TRANSPORTATION
TABLE, I
FACTORS INFLUENCING ROUTE REVISION
• REDUCTION IN FEDERAL FUNDING
• ASSESSMENT OF EXISTING ROUTES
• PUBLIC COMMENTS, SUGGESTIONS, REQUESTS
AMMO 080
f
CITY OF DENTON
PUBLIC TRANSPORTATION
TABLE 2
ROUTE REVISION PROCESS
• PEER REVIEW - TRANSIT PLANNER
• PUBLIC HEARING
• SPAN ADA ADVISORY COMMITTEE
• CITY OF DENTON STAFF
• DEVELOP NEW SYSTEM MAP
I
1
AMFIMA6
s
CITY OF DENTON
PUBLIC TRANSPORTATION
TABLE 3
GOALS AND OBJECTIVES
• COST EFFECTIVENESS
• EFFICIENCY
• CONVENIENCE
I
i
AMMOM6
F
CITY OF DENTON
PUBLIC TRANSPORTATION
TABLE 4
EFFECTS OF ROUTE REVISIONS
• REDUCED FIXED ROUTES
• REDUCED OPERATING HGURS/VEHICLE MILES
* REDUCED SATURDAY SERVICE
• ELIMINATED HOLIDAY SERVICE
AMM008A6
i
Y
M
F
f
CITY OF DENTON
PUBLIC TRANSPORTATION
TABLE 5
DISTRIBUTION OF MAPS
• GOVERNMENT FACILITIES
• GOLDEN TRIANGLE MALL
• OUTLET MALL
• RETAIL CENTERS
• FINANCIAL INSTITUTIONS
• CHAMBER OF COMMERCE
• MEDICAL
i
• RESIDENTIAL
• EDUCATIONAL
• SPAN VEHICLES
AW006A6
I
t
a
r
Agenda No.,, - U44D
Agenda Item UB 44 6t
Oate__I - q- q_ i,
WORK SESSION SEPTFMB R 24, 1996
CITY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: REVISIONS TO THE CITY'S INVESTMENT POLICY
RECOMMENDATION:
Staff recommends that the City Council review the revisions made to the City's investment Policy
(Attachment A). The prorosed changes will continue the City's compliance with the Public
Funds Investment Act resulting from H.B. 2459 and S.B. 1085 (the bills).
SL=ARY;
The revisions staff has made to the current investment policy will continue the City's compliance
with the provisions of the bills adopted by the House and Senate Committees of the 74th Texas
Legislature and recommendations of the Investment Committee.
BAACK .RO 1Nn;
During the last Texas legislative session, the House and Senate committees adopted H.B. 2459
and S.B. 1085, amending the Public Funds Investment Act (the Act). This latest amendment to
the Act is intended to provide municipalities with better protection against investments that could
result in the loss of public funds due to unreasonable risky investment activities.
To ensure that the City's investment procedures comply with the Public Funds Investment Act, a
system of control has been established to regulate investing activities and assure compliance with
internal policies and procedures. The controls include a monthly independent review by the
internal auditor and an annual review by an external auditor. To further assure compliance with
the amendments contained in the House and Senate bills, staff has recently performed an annual
review of the policy and has identified needed changes.
The changes identified include a change in the date which the City Council is to receive the annual
report on the investment program and investment activity. Currently, the policy states that the
report will be presented to council "Within sixty (60) days of the end of the Fiscal Year." Staff
recommends this be changed to "Within (60) days of the end of the Calendar Year." Secondly, a
modification in the wire transfer procedures is recommended. Current policy states that "Wire
k
t
transfers in excess of $500,000 should not be executed without written confirmation from
authorized city staff." Staff recommends this procedure include all wire transfers and is proposing
to delete the "in excess of $500,000." Staff also recommends that proper exchange and
verification of personal identification numbers be incorporated into the wire transfer procedures.
Staff has presented these changes to the Investment Committee and the committee recommended
approval. We are requesting that the City Council review these changes and provide staff with
direction.
PR ► AMS~ DF.p RTMRty r S QR G80 FPS AFFECT M,
The City's investment policy governs the investment of City funds. Any department with
investable funds will be affected by the recommended changes to the policy.
FISCAL • LMPACT,
There is no fiscal cost associated with the approval of these revisions.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared by.
Harlan L. Jefferson
Director of fiscal ations
Approved by:
L~u~ost
Kathy Bo
Executive Director of Finance
r
V
ATTACHMENT A
PAGE_J_OF 8
CITY OF DENTON
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE
ffSECT10~4: REFERENCE NUMBER:
E POLICIES
408 .04
EFFECTIVE DATE:
MENTS
09/12/95
4ENT POLICY REPLACES:
408.04
I. PUKROss
This policy shall provide the guidelines by which the City of Denton will maintain
the minimum amount of cash in its bank accounts to meet daily needs, and to
provide protection for its principal while receiving the highest yield possible
from investing all temporary excess cash. This policy is being adopted pursuant
to the provisions of the Public Funds Investment Act of 1987, as amended, Article
842a-2, Vernon's Texas Civil Statutes.
II. Scope
A. This Investment Policy applies to the investment activities of the City of
Denton, excluding the specific funds cited hereafter.
B. This policy shall not govern funds which are managed under separate investment
programs. Such funds currently include; Employees' Retirement Fund of the
City of Denton; the Firemen's and Policemen's Pension Funds of the City of
Denton; other funds established by the City for deferred employee
compensation; revenue bond reserve funds; and certain private donations. The
City shall and will maintain responsibility for these funds to the extent
required by: Federal and State Law; the City Charter; and donor stipulations.
C. The following funds, as well as other funds that may be created from time to
j time, shall be administered in accordance with the provisions of this policy:
Cash equivalent assets of the General Fund, Community Development Block Grant
Fund, Recreation Fund, Crime Prevention Fund, Airport Grant Fund, Airport
Master Plan Fund, Emily Flower Library Fund, Debt Service Fund, Street
Improvement Fund, General Project Fund, Electric Fund, Electric Bond Fund,
Water & Sewer Fund, Water Bond Fund, Sanitation Fund, Landfill Construction
Fund, Working Capital Fund, Defensive Driving Fund, Self-Insurance Fund,
Employee Health Fund, and any other fund of the city not specifically excluded
in these policy guidelines.
III. Investment Strata
A. The City maintains portfolios which utilize four specific investment strategy
considerations designed to address the unique characteristics of the fund
groups represented in the portfolios:
1. Investment strategies for operating funds and commingled pools containing
operating funds have as their primary objective to assure that anticipated
cash flows are matched with adequate investment liquidity. The secondary
AFF012C9
r
r
PAGE 2 OF _8
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
T1TLE:
INVESTMENT POLICY REFERENCE NUMBER:
408.04
objective is to create a portfolio structure which will experience minimal
highvolatility
to m cyc-les. This
securities e which will accomplished o by p purchasing
aeach
other in a laddered or barbell maturity structure. A dollar weighted
average maturity of 365 days or less will be maintained and calculated by
using the stated final maturity date of each security.
2. investment strategies for debt service funds shall have as the pri:iary
objective the assurance of investment liquidity adequate to cover the debt
service obligation on the required payment date. Securities purchased
shall not have a stated final maturity date which exceeds the debt service
payment date.
3. Investment strategies for debt service reserve funds shall have as the
primary objective the ability to generate a dependable revenue stream to
the appropriate debt service fund from securities with a low degree of
volatility. Securities should be of high quality and, except as may be
required by the bond ordinance specific to an individual issue, of short
to intermediate-term maturities. Volatility shall be further controlled
through the purchase of securities carrying the highest coupon available,
within the desired maturity and quality range, without paying a premium,
if at all possible. Such securities will tend to hold their value during
economic cycles.
4. Investment strategies for special projects or special purpose fund
portfolios will have as their primary objective to assure that anticipated
cash flows are matched with adequate investment liquie..ity. These
portfolios should include at least 10V in highly liquid securities to allow
for flexibility and unanticipated project outlays. The stated final
maturity dates of securities held should not exceed the estimated project
completion date.
IV. Objective
A. The overall strategy of the City's investment objective shall be to ensure
a
) the understanding of suitability of investment to the financial requirements
of the
mark tability, of the preservation
if the one d princial, c)
to liquidate the
investment before maturity, e) diversification of the investment portfolio;
and f) yield.
In terms of day-to-day investment purposes, the core objectives of the City's
investment policy shall be to first preserve the capital in the overall
portfolio. Each investment transaction shall seek to first ensure that
capital losses are avoided, whether they be from securities defaults or
erosion of market value. The second objective shall be liquidity and the
final objective shall be the yield of the investment.
B. To prevent the possibility of loss of resources, the City will attempt to
identify and limit exposure to market price risk, default risk, or not invest
in a manner which is contrary to applicable federal and state regulations.
C. To enable the City to meet operating requirements that might be reasonably
anticipated, the City's investment portfolio will remain sufficiently liquid.
Liquidity shall be achieved by matching investment maturities with forecasted
cash flow requirements and by investing in securities with active secondary
markets.
AFF012C9
r
i
F
PAGE 3 OF 8
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRSSCTIVE (Continued)
TITLE:
INVESTMENT POLICY REFERENCE NUMBER:
408.04
D. M
commensuratL with the anagement of the investment portfolio will strive to achieve a rate of return
event, Yield should ex eedt legal, he safety n rate gofdreturn considerations. In an
of secondarily-traded
three (3; months V.S. Treasury Bills, or the average Federal Reserve Discount
rate, whichever is higher. The first measure of success in this area will be
the attainment of enough income to offset inflationary increases. Even though
steps will be taken to obtain this goal, the City's staff shall constantly be
cognizant of risk limitations pursuant to the provisions of the amended Public
Funds Investment Act Sec. 2256.006(a),
E. All participants in the investment process shall seek to act responsibly as
stewards of public assets. Officers and employees involved in the investment
process shall refrain from personal business activity that could conflict with
ability to execution
make impartial investment decisions. Anyonecinvoly d inpinvesting
city funds shall disclose to the Executive Director of Finance and the
Investment Committee any material financial interest in financial institutions
that handle City investments. The Director of Fiscal operations, shall avoid
any transactions that might impair public confidence in the City's ability to
govern effectively. The governing body recognizes that in diversifying the
portfolio, occasional measured losses due to market volatility are inevitable,
and must be considered within the context of the overall portfolio's
investment return, provided that adequate diversification has been
implemented.
V. Investment Commi tee
There is hereby created an Investment Committee consisting of the City Manager,
Executive Director of Finance, Director of Fiscal Operations, Mayor, and one
member of the City Council. The Investment Committee shall meet at least
quarterly to determine general strategies and to monitor results. Included in its
deliberations will be such topics as:
diversification, maturity structure, potential risk tonthe city'slfunds, authorize
brokers and dealers, and the target rate of return on the investment portfolio.
The committee shall establish its own rules of procedures.
Vi. Resoonelbllity and atanderd
A toe themanEageementcutivereDsponsibility for the
of Finance, who investment
establih l written hereby delegated
for the operation of the investment program, consistent with this investment rocedures
policy. Such procedures shall include explicit delegation of authority to the
individual (s) responsible for investment transactions. The primary individual
who shall be involved in investment activities will be the Director of Fiscal
Operations. Both the Executive Director of Finance and Director of Fiscal
officersn shallare
at as
least investment o etofficers. raining session Accordingly,
relat relating investment
to their
responsibility under the Act within 12 months after assuming duties. No s ma termsnof this policyiand the pz cedures established by the p
ecutive Director under the
of Finance. The Executive Director of Finance shall be responsible for all
transactions undertaken, and shall establish a system of control to regulate
the activities of the Director of Fiscal Operations. The controls shall
include a monthly process of independent review by the internal auditor, and
an annual review by an external auditor. The reviews will provide internal
control by assuring compliance with policies and procedures.
AFF012C9
ti
PAGE 4 OF 8
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (continued)
TITLE:
INVESTMENT POLICY REFERENCE NUMBER
B. T e Executive Director o Finance, D rector o F sca Operatics., 408.04
Mayor, City
aner and other indemnifiediin he a ent of investmentnloss provided the Investment ePolicies
and Guidelines are followed.
C. The standard of prudence to be used by the investment officials shall be the
"Prudent Investor Rule," and will be applied in the context of managing an
circumstances folio: then "Investments shall be made with judgement and care under
prevailing which persons of prudence, discretion and
intelligence exercise in the management of their own affairs, not for
speculation, but for investment, considering the probable safety of their
capital as well as the probable income to be derived."
Investment officials meeting this standard shall be relieved of personal
responsibilities for an individual security's credit risk or market price
change, provided deviations from expectations are reported in a timely fashion
and appropriate action is taken to control adverse developments.
D. The Director of Fiscal Operations shall submit monthly an investment report,
to the Investment Committee, that summarizes recent market conditions,
economic developments and anticipated investment conditions. The report shall
summarize the investment strategies employed, describe the portfolio in terms
of investment securities, maturities, risk characteristics and other features.
The report shall explain total investment return to date and compare the
return with budgetary expectations or projections.
E. The Director of Fiscal Operations shall prepare and present to the City
Council and City Manager a written report on the City's investment
transactions for the preceding reporting period. The report shall be provided
quarterly, and shall 1) describe the investment position of the City as of the
end of the reporting period, 2) contain a summary statement of each pooled
fund covering a) beginning market value, (b) additions and changes to the
market value during the reporting period; and c) state the carrying value of
each invested asset at the beginning and end of the reporting period by type
of fund; 4) show the maturity date of each invested asset, 5) show the fund
group for each individual investment; and 6) state the compliance of the
investment portfolio of the City as it relates to the investment strategy of
the City. Within sixty (60) days of the end of the f4ee" Colander Year, the
Director of Fiscal operations shall present a comprehensive annual report to
the
annu litrepor~t shalln providethe quarterly comparison oft returns and
suggestions for improvements that might be made in the investment program.
The City Council shall review and approve the investment policy and investment
strategies at least annually.
F. The guidelines of retaining records for seven years, as recommended in the
Texas 'tate Libra Munici al Recordr Manual should be followed. The Director
re Fisca! Operations shall oversee the filing and/or storing of investment
records.
G. Wire transfer authorization forms shall be kept on file with banking
institutions. The authorization form shall identify individuals authorized
to make wire trensfers and the institutions designated to receive the wire
transfer. The Director of Fiscal Operations or other authorized
representative of the City should complete a transfer notice and give it to
the proper Finance Department personnel. The transfer confirmation received
from the bank should be agreed with this notice and the appropriate journal . --4 shall no be
entry made. A Wire transfers
executed without written confirmation from authorized city staff, andtthe l
proper exchange and verification of porsenal identification numbers. AFF012C9
}
OF 9
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE Continued)
TIKE:
INVESTMENT POLICY REFERENCENUMBER:
408.04
H. In the event of the absence of the Director of Fiscal Operations, the
authority to invest in maturities beyond six (6) months shall be regulated by
the controls and procedures outlined by the Executive Director of Finance.
Viz. invet +".ent
A. Idle funds of the City of Denton may be invested in:
1. Obligations of the United States of America, its agencies and
instrumentalities (maturing in less than five (5) years);
2. Direct obligations of the State of Texas and agencies thereof (maturing in
less than two (2) years);
3. Other obligations, the principal of and interest on which are
unconditionally guaranteed or insured by the State of Texas or United
States of America or its agencies and instrumentalities (maturing in less
than two (2) years);
4. Obligations of the States, agencies therecf, Counties, Cities, and other
political subdivisions of any state having been rated as investment quality
by a nationally recognized investment rating firm, and having received a
rating of not less than "AA" or its equivalent (maturing in less than two
(2) years);
5. Certificates of Deposit issued by state and national banks or savings and
loans associations, domiciled in Texas, guaranteed or insured by the
Federal Deposit Insurance Corporation or Federal Savings and Loan Insurance
corporation or their successors or secured by obligations described in 1
through 4 above, and that have a market value of not less than the
principal amount of the certificates (maturing in less than one (1) year) ;
6. Fully collateralized direct repurchase agreements with a defined
termination date secured by obligations of the United states or its
Director of Fiscal instrumentalities
tions, other w tn na an third arty,
ore thet pledgore must securities dealer,eassdefi edbby the FederalhReserve a or a ~bank government
in Texas. Each issuer of repurchase agreements must sign a copy of the
City's Master Repurchase Agreement (termination date must be 30 days or
less);
7. Joint pools of political subdivisions in the State of Texas which invest
in instruments and follow practices allowed by current law. (Maximum
average dollar-weighted maturity must be 60 days or less).
B. The City's authorized investment options are more restrictive than those
allowed by State law. Furthermore, this policy specifically prohibits
investment in the following investment securities.
1. Obligations whose payment represents the coupon payments on the outstanding
principal balance of the underlying mortgage-backed security collateral and
pays no principal.
2. Obligations whose payment represents the principal stream of cash flow from
the underlying mortgage-backed security collateral and bears no interest.
AFF012C9
ti
(
PAGE 6 OF 8
POLICY/ADMINISTRATIVE PROCEDURE/ADMINISTRATIVE DIRECTIVE (Continued)
TrrL E:
INVESTMENT POLICY REFERENCE NUMBER:
= 408.04
3. Collateralized mortgage obligations that have a stated final maturity date
of greater than 10 years.
4. Collateralized mortgage obligations the interest rate of which is
determined by an index that adjusts opposite to the changee in a market
index.
C. It is the policy of the City of Denton to diversify its investment portfolio3.
The diversification will protect interest income from the volatility of
interest rates and the avoidance of undue concentration of assets in a
specific maturity sector, therefore, portfolio maturities shall be staggered.
Securities shall also he selected which provide for stability of income and
reasonable liquidity. Diversification strategies shall be determined and
revised periodically by the Investment Committee. In establishing specific
diversificatioi strategies, the two (2) following general policies and
constraints shall apply:
1. Risk of market price volatility shall be controlled through maturity
diversification such that aggregate price losses on instruments with
maturities exceeding one (1) year shall not be greater than coupon interest
and investment income received from the balance of the portfolio.
2. The Investment Committee shall establish strategies and guidelines for the
percentage of the total portfolio that may be invested in U.S. Treasury
Securities, federal agencies instrumentalities, repurchase agreements,
insured/collateralized certificates of deposit and other securities or
obligations. The Investment Committee shall conduct a quarterly review of
these guidelines, and shall evaluate the probability of market and default
risk in various investment sectors as part of its considerations.
Risk of principal loss in the portfolio as a whole shall be minimized by
diversifying investment types according to the following limitations.
Investment T e
4 of p_,ortfg _lio
e U.S. Treasury Notes/bonds/Bills 1004
e U.S. Agencies
e State of Texas obligations & Agencies 504
e Local Government Investment Pools 154
e Local Government obligations 154
e Repurchase Agreements lot
e Certificates of Deposit 104
104
D. Security swaps may be considered as an investment option for the City. A swap
out of one instrument into another is acceptable to increase yield, realign
for disbursement dates, extend or shorten maturity dates and improve market
sector diversification. Swaps may be initiated by brokers/dealers who are on
the City's approved list.
E. Investments will be solicited on a competitive basis with at least three (3)
i
nstitutions. The Investment committee can approve exceptions on a case by
case
shallbtake geneideraral
type maturity date, amour-., and
potential disruptiveness to the city's investment strategy. The investment
will be made with the broker/dealer offering the best yield/quality to the
City.
I
AFF012C9
4{
4
_a
e
PAGE-2--OF 9
POLICY/ADMINISTRATIVE PROCEDURE /ADMINISTRATIVE DIRECTIVE (Continued)
Tf REFERENCE NUMBER:
l'LE:
INVESTMENT POLICY 408.04
VIII. Selection of Hanks and Dealers
A. City council shall, by ordinance, "select and designate one or more banking
institutions as the depository for the monies and funds of the City." The
bank shall be selected primarily on "solvency and stability" and secondly, on
rate of interest available.
B. The Director of Fiscal
prospective depositories credit characteristics and financial histoi:y.
C. The bank shall be selected through a formalized bidding process in response
to the City's request for proposal (RFP) outlining all services required. The
Investment Committee shall have the discretion to determine the time span for
rebidding the banking se-vices contract; however, a two year period will be
the maximum length of time between rebidding.
D. Banks and savings and loans associations seeking to establish eligibility for
the City's competitive certificate of deposit purchase program, shall submit
financial statements, evidence of Federal insurance and other information as
required by the Director of Fiscal Operations.
E. The Investment committee shall be responsible for selecting brokers and
dealers of government securities. Their selection shall be among only primary
government securities dealers that report directly to the New York Federal
Reserve Bank, unless a comprehensive credit and capitalization analysis
reveals that other firms are adequately financed to conduct public business.
The Investment Committee shall base its evaluation of security dealers and
financial institutions upon:
1. Financial conditions, strength and capability to fulfill commitments;
2. Overall reputation with other dealers and investors;
3. Regulatory status of the dealer;
4. Background and expertise of the individual representatives.
Approved brokers and dealers must complete Exhibit A and return it to the
Director of Fiscal Operations. In the dealing with City funds, the
Director of Fiscal Operations shall conduct business with securities
dealers approved by the Investment Committee or with banks selected as
outlined in VIII, Section C. To guard against default possibilities under
these conditions, and to assure diversification of bidders, business with
any one issuer, or investment broker, should be limited to forty (40%)
percent of the total portfolio at any point in time. In this way,
bankruptcy, receivership or legal action would not immobilize the City's
ability to meet payroll or other expenses.
IX. Principal Protection and Safekeepinv
A. All bank and savings and loan associations deposits and investments of City
funds shall be secured by pledged collateral with a market value equal to no
less than 102 percent of the principal plus accrued interest less an amount
insured by FDIC or FSLIC. Evidence of proper collateralization in the form
of original safekeeping receipts held in institutions's trust department or
at a third party institution not affiliated with the bank or bank holding
i
AFF012C9
+s
V
r
f
r'
r
PADS 8 o! 8
POLICY/ADMINISTRATIVE PROCEDURE /ADMINISTRATIVE DIRECTIVE (Centinued)
R:
INVESTMENT POLICY
TME: =408.04
aintained in the office of the Director of Fiscal operations
company will be m
all time. The Executive Director of Finance, Director of Fiscal operations
or other authorized City Representative will approve and release all pledged
collateral. Collateral will be reviewed monthly to assure the market value
of the securities pledged exceeds investments and/or the related bank
balances. The Committee shall request additional collateral in the event they
deem that their deposits and investments are not sufficiently protected by the
pledged collateral.
B. Safekeeping procedures shall be established by the Investment Committee which
clearly define steps for gaining access to the collateral should the City
determine that the City's funds are in jeopardy. Collateral safekeeping and
substitution agreements will be apart of the procedure.
C. Only securities allowed by the Public Funds Collateral Act shall be eligible
to be pledged as collateral. However, V.S. Treasury Securities shall be the
primary securities accepted as collateral.
D. All transactions will be accomplished with authorized security dealers and
financial institutions on a delivery-versus-payment (DVP) basis. Securities
will be held by the City's safekeeping agent, which shall be selected through
a competitive process (RFP) or that agent's representative in New York City,
or in it's account at the Federal Reserve Bank.
AFF012C9
F
,
EXHIBIT A
Page 1 of 1
BROKER/DEALER CERTIFICATION FORM
as required by Texas Government Code 2256.005(k)
CITY OF DENTON, TEXAS (the "Cl.ty")
The City acknowledges that the only means the firm has to
preclude imprudent investment activities arising out of
transactions between the firm and the City is to confirm that
all provisions of the City's investment policy are followed in
investment transactions conducted between the firm and the
City, and, the second paragraph below should be' read
accordingly.
I, as the register principal for the firm,
do hereby certify that I, and the broker covering this
account, , have received and both have
reviewed the investment policy of the City.
We acknowledge that this firm has implemented reasonable internal
procedures and controls in an effort to preclude imprudent
investments between this firm and the City arising from
transactions between the City and this firm.
Signature
Name:
Title:
Date:
xi
V
i
F
EXHIBIT B
PAGE 1 OF 4
INVESTMENT GLOSSARY
AGENCIES: Federal agency securities. DEALER: A
as opposed to a
, acts and selli p` F' ' all transactions,
ASKED: The price at which securities are buoknr
offered. Y 8 ng~, t; own account.
DEBENTURE: A'
BANKERS' ACCEPTANCE (BA): A draft general credit of th0huer secured only by the
or bill or exchange accepted by a bank or trust i, *gl~,
company. The accepting institution guarantees DELIVERY VEIAS PAYMENT: There
payment of the bill, as well as the issuer. are two methods of `'stellvery of securities:
delivery versus pti'iEd delivery versus
BID: The price offered by a buyer of receipt. Delivery vtxtiln payment Is delivery
securities. (When you are selling securities, of securities with ' 'exchange of money for
you ask for a bid.) See Offer. the securities. ivery versus receipt is
delivery of securities with an exchange of a
BROKER: A broker brings buyers and signed receipt for thelsecurities,
sellers together for a commission.
DISCOUNT: The; difference between the
CERTIFICATE OF DEPOSIT (CD): A Cost price of a security and its maturity when
time deposit with a specific maturity evidenced quoted at lower thao'_fue value. A security
by a certificate, Large denomination CD's are selling below origii,W offering price shortly
typically negotiable' after sale also is' 'considered to be at a
discount.'
COLLATERAL: Securities, evidence of
d,*osit or other property which a borrower DISCOUNT SECI&ITIES: Non-interest
piodges to secure repayment of a loan. Also bearing money rniiW instruments that are
refers to securities pledged by a bank to secure issued a discount AM--deemed at maturity
deposits of public monies, for full face value '8 U.S. Treasury Bills.
COMPREHENSIVE ANNUAL FINANCIAL DIVERSIFICATION: Dividing investment
REPORT (CAFR): The official annual report funds among a variety"
for the City of Denton. It includes five independeneturns of securities offering
combined statements for each individual fund
and account group prepared in conformity with FEDERAL CREDIT AGENCIES:
GAAP It also includes supporting schedules Agencies of the Federal government set up to
necessary to demonstrate compliance with supply credit to various classes of institutions
finance related legal and contractual provision, and individuals, e.g., S&L's small business
extensive introductory material, and a detailed firms, students, farmers, farm cooperatives,
Statistical Section. and exporters.
COUPON: (a) The annual rate of interest FEDERAL DEPOSIT INSURANCE
that a bond's issuer promises to pay the CORPORATION (FDIC): A federal
bondholder on the bond's face value. (b) A agency that insures bank deposits, currently
certificate attached to a bond evidencing up to $100,000 per deposit.
interest due on a payment date.
Swu Muriel Tr""m' Ayro wm of de UmtW Sun W Grad,
w
4
EXHIBIT B
PAGE 2 of 4
FEDERAL FUNDS RATE: The rate of GOVERNMENT NATIONAL
interest at which Fed funds are traded. This MORTGAGE ASSOCIATION (GNMA or
rate is currently pegged by the Federal Reserve Ginnie Mae): Securities influencing the
through open-market operations. volume of bank credit guaranteed by GNM.'1
and issued by mortgage bankers, commercial
FEDERAL HOME LOAN BANKS (FHLB): banks, savings and loan associations, and
The institutions that regulate and lend to savings other institutions. Security holder is
and loan associations. The Federal home Loan protected by full faith and credit of the U.S.
Banks play a role analogous to that played by Government. Ginnie Mae securities are
the Federal Reserve Banks vis-a-vis member backed by the FHA, VA or FMHM
commercial banks mortgages. The term "pass throughs" is
often used to describe Ginnie Maes.
FEDERAL NATIONAL MORTGAGE
ASSOCIATION (FNMA): FNMA, like LIQUIDITY: A liquid asset is one that can
GNMA was chartered tender the Federal be converted easily and rapidly into cash
National Mortgage Association Act in 1938. without a substantial loss of value. In the
FNMA is a federal corporation working under money market, a security is said to be liquid
the auspices of the Department of Housing and if the spread between bid and asked prig; is
Urban Development (HUD). It is the largest narrow and reasonable size can be done at
single provider of residential mortgage funds in those quotes.
the United States. Fannie Mae, as the
corporation is called, is a private stockholder- LOCAL GOVERNMENT INVES'T'MENT
owned corporation. The corporation's POOL (LGIP): The aggregate of all funds
purchases include a variety of adjustable from political subdivisions that are placed in
mortgages and second loans, in addition to the custody of the State Treasurer for
fixed-rate mortgages. FNMA's securities are investment and reinvestment.
also highly liquid and are widely accepted.
FNMA assumes and guarantees that all security MARKET VALUE. The price at which a
holders will receive timely payment of principal security is trading and could presumably be
and Interest. purchased or sold.
FEDERAL OPEN MARKET COMMITTEE MASTER REPURCHASE AGREEMENT:
(FOMC): Consists of seven members of the A written contract covering all future
Federal Reserve Board and five of the twelve transactions between the parties to
Federal Reserve Bank Presidents. The repurchase--reverse repurchase agreements
President of the New York Federal Reserve that establishes each party's rights in the
Bank is a permanent member, while the other transactions. A master agreement will often
Presidents serve on a rotating basis, The specify, among other things, the right of the
Committee periodically meets to set Federal buyer-lender to liquidate the underlying
Reserve guidelines regarding purchases and securities in the event of default by the seller-
sales of Government Securities in the open borrower.
market as a means of influencing the volume of
bank credit and money. MATURITY- The date upon which the
principal or stated value of an investment
FEDERAL RESERVE SYSTEM: The central becomes due and payable.
bank of the United States created by Congress
and consisting of a seven member Board of MONEY MARKET: The market in which.
Governors in Washington, D.C., 12 regional short-term debt instruments (bills,
ba.tks and about 5,700 commercial banks that commercial paper, bankers' acceptances,
are members of the system. e(c,) are issued and traded.
$a c Amkr 1 Trc cri As wtiw of 0¢ UwW Sum, ve Cw+ la
3
I
r
EXHIBIT B
PAGE 3 OF 4
OFFER: The price asked by a seller of RATE OF RETURN: The yield
securities. (When you are buying securities, obtainable on a security based on its
you ask for an offer.) Sce Asked and Bid. purchase price or its current market price.
This may be the amortized yield to maturity
OPEN MARKET OPERATIONS: Purchases on a bond the current income return.
and sales of government and certain other
securities in the open market by the New York REPURCHASE AGREEMENT (RP OR
Federal Reserve Bank as directed by the FOMC REPO): A holder of securities sells these
In order to influence the volume of money and securities to an investor with an agreement
credit in dic economy. Purchases inject to repurchase them at a fixed price on a
reserves into the bank system and stimulate fixed date. The security "buyer" in effect
growth of money and credit; sales have the lends the "seller" money for the period of
opposite effect. Open market operations are the the agreement, and the terms of the
Federal Reserve's most important and most agreement are structured to compensate him
flexible monetary policy tool. for this. Dealers use RP extensively to
Finance their positions. Exception: When
PORTFOLIO: Collection of securities held by the Fed Is said to be doing RP, it is lending
an Investor. money, that Is, Increasing bank reserves.
PRIMARY DEALER: A group of gover.iment SAFEKEEPING: A service to cuslomeis
securities dealers who submit daily reports of rendered by banks for a fee whereby
market activity and positions and monthly securities and valuables of all types and
financial statements to the Federal Reserve bank descriptions are held in the bank's vaults
of New York and are subject to its informal for protection.
oversight. Primary dealers include Securities
and Exchange Commission (SEC)-registered SECONDARY MARKET: A market
securities broker-dealers, banks, and a few made for the purchase and sale of
unregulated firms. outstanding Issues following the Initial
distribution.
PRUDENT PERSON RULE: An investment
standard. In some slates the law requires that a SECURITIES & EXCHANGE
fiduciary, such as a trustee, may invest money COMMISSION: Agency created by
only in a list of securities selected by the Congress to' protect investors in securities
custody state--the so-called legal list. In other transactions by administering securities
states the trustee may invest in a security if it is legislation.
one which would be bought by a prudent person
of discretion and intelligence who is seeking a SEC RULE 15C3-1: See Uniform Net
reasonable income and preservation of capital. Capital Rule.
QUALIFIED PUBLIC DEPOSITORIES: A TREASURY BILLS: A non-interest
financial institution which doss not claim bearing discount security issued by the U.S.
exemption from the payment of any sales or Treasury to finance the national debt. Most
compensating use or ad valorem taxes under the bills are issued to mature in three months,
laws of this state, which has segregated for the six months, or one year.
benefit of the commission eligible collateral
I having a value of not less than its maximum TREASURY BOND: Long-term U.S.
liability and which has been approved by the Treasury securities having initial maturities t
Public Deposit Protection Commission to hold of more than 10 years.
public deposits.
l SLrre MWKirfl rruwren' Aundttm d W. Unlad Ann and Crud,
i
8
F
L
EXMBIT B
PAGE 4 OF 4
TREASURY NOTES: A non-interest bearing
discount security issued by the U.S. Treasury to
finance the national debt. Most bills are issued
r to mature in three months, six months or one
year.
UNIFORM NET CAPITAL RULE: Securities
and Exchange Commission requirement that
member firms as well as nonmember broker-
dealers in securities maintain a maximum ratio
of indebtedness to liquid capital of 15 to 1; also
called net capital rule and net capital ratio.
Indebtedness covers all money owed to a firm,
including margin loans and commitmeals to
purchase securities, one reason new public
issues are spread among members of
underwriting syndicates. Liquid capital includes
cash and assets easily converted into cash.
YIELD: The rate of annual income return on
an investment, expressed as a percentage. (a)
INCOME YIELD is obtained by dividing the
current dollar income by the current market
price for the security. (b) NET YIELD or
YIELD TO MATURITY is the current income
yield minus any premium above par or plus any
discount from par in purchase price, with the
adjustment spread over the period from the date
of purchase to the date of maturity of the bond.
AFf00C02
Svrce Wu KTO irrearrri Aeve~~ d e, UniirJ Fare, erJ Cwa&
t
6
A
S
F
a
Agenda No. _gin-040
Agenda item GUS A3
Date9^aY-~9
CITY COUNCIL REPORT FORMAT
DATE: September 24, 1996
TO: Mayor lack Miller and Members of the City Council
FROM, Ted Benavides, City Manager
SUBJECT: OUTSOURCING EMS BILLING AND COLLECTIONS
RECOMMENDATION: StalTrecommends that the City of Denton outsource the Emergency Medical Services
(EMS) billing and collection processes. The purpose is to create a faster flow of revenue and increase collections.
Staff recommends we accept the proposal of Diversified HealthCareJDoctors Reporting Services (DHC).
AACKGROUND: In July, 1946, the City of Denton requested sealed proposals for the billing and collection of EMS
service;.. Our target date for implementation is November 1, 1996. We received six (6) responses to that Request For
Sealed Proposal. Three of the responses were disqualified due to the lack of experience A committee composed
of representatives from the Finance Department, the Customer Service Division, the Information Services Division and
the Fire Department, met with the qualified vendors. Interviews and follow up questions were based on proposals
from each company (See Attachment A). On September 17, 1996 an on-site visit was made to DHC.
SUMMAR : DHC's proposal of a 10% fee on current collections and a 25°'0 fee on bad debt collections is the lowest
qualified bid. Based on the actual 1994-95 EMS billing and collection figures, the projected cost of this contract is
$47,417. (See Attachment B). In order to maintain competitiveness, DHC will assist the City of Denton with an
evaluation of our current fee structure. Additionally, DHC requires the least amount of staff time from the City of
Denton. They were highly recommended by the City of Garland and the City of Richardson. (See Attachment C).
PROGRAMS. DEPARTMENTS OR GROUPS ~F""': The Fire Department, Customer Service Division,
Treasury Division and citizens of Denton will be affected.
FISCAL IMPACT: The cost of outsourcing the EMS billing and collections will be offset by the increased collection
rate guaranteed by DHC. The City of Denton is currently at a 53% overall collection rate. DHC averages a collection
rate between 60 and 700,'9 No fees are paid to DHC until payments ate received.
Respectfully submitted:
Ted Benavides
Prgwoi by City Manager
C WIT, crim Maw
rvppnncit by:
L
F Wan k' . in
Ihmr~x of Fincat [ a
Attachments
F
F
pp1
I,
ATTAClI ~fE1T A
Diversified HealthCare Services, Inc.
M E M O R A N D U M
TO: City of Denton
FROM: Douglas McDonald
DATE: Thursday, August 15, 1996
RE: Questions For Third Party Billing Companies
1. Do you require any fees "up front," or is your fee for service based on your actual
collection history?
No.
Our fee is based solely on the amount of money we collect for the City.
See Example:
Billing $54,000 collected/month
X 10%
$5,400 Fee
Collections $10,000 collected/month
x 25~
$2500 Fee
2. How will you respond/handle customer concerns/complaints about their bills and/or
service? What experience do your agents have with emergency medical procedures and
terminology?
Each customer is assigned a representative to assist them in any needs or concerns they may
have. The representative makes every effort to insure the billing procedure is fully explained
and the customer satisfied with both the service and the resulting bill. If a problem arises about
the service the customer has received during a transport, the information is gathered from the
customer and immediately forwarded to the city. The city will then assist us on our next
response.
Our agents have handled more than 20,000 ambulance bills alone. This does not include all the
major healthcare facilities for which we bill currently for their emergency room accounts. We
800 E. CAMPBELL ROAD • SUITE 399 4 RICHARDSON, TEXAS 75081 • (214) 238.1492 METRO (214) 256.2772
f
s
ATTACHMENT A
(CONTINI ED)
have been fortunate enough to serve the healthcare industry for the past 29 years, and we feel
our experience and dedication to our clients is unsurpassed.
3. What are the system's needs for electronic transfers of information to your system?
If it is possible to put your information in a comma delin ited form, we will be able to handle it
from there.
4. Will your company secure Insurance Information on the patient from the receiving
hospital or will we provide that information on the patient form?
We will secure insurance information not only from the receiving hospital, but also from the
patient. This is all part or our billing service to you. However, it is always helpful if insurance
information can be gathered at time of transport.
5. Is the Denton Fire Department patient form Inadequate Information for your billing
service? Will we have any start up costs?
As long as the amount for the charges are in order and it is a standard "Run She,t," there
should be no problems.
We will examine the current information form you are now using and make recommendation to
the city at no additional cost.
6. Will we have access to billing records for reproduction in relation to legal requests?
Yes, you will access to billing records for reproduction in relation to legal requests.
7. Is the Denton Fire Department SweetSoft computer program able to provide all patient
Information for the vendor, or will we need to upgrade?
Our data processing department will contact the city's data processing department to discuss in
more detail the full capability of the SweetSoft program.
8. We may Institute a "subscription servke" whereby we would only accept the payment
amount that the patient's Insurance company, Nfedicare/Medlcnid or private Insurance
company, will pay. The patient world not be Invoked for any other amount. Will this be
a problem for your billing system?
This will not be a problem.
A"ITAC IIMEN'f A
(CON TIMED)
Diversified ElealthCare Billing Services, Inc.
FOLLOW UP QUESTIONS
FOR
E.M.S. BILLING AND COLLECTION PROPOSALS
1. MAXIMIZE RATES
To what extent will your company aide or support the City of Denton staff, to increase
our fees for billable ambulance charges in order to become more competitive?
We, at Diversified Healthcare Billing Services, Inc., fully understand the needs of the City
of Denton regarding the billing and collection of ambulance fees. Because we have been
handling receivable management for more than 29 years, we have the ability to provide the
City of Denton with a quality billing, reporting, and collection service that will abide by
the Fair Debi Collection Practices Act as well as the Fair Billing Act. Our clients feel our
pproach to handling receivables has allowed them to enjoy increased revenues while still
maintaining a positive image for them in the community. One of the ways we will assist the
City of Denton with increasing its revenue will be by generating a comparison report
between the City of Denton and other cities to see where improvement is needed.
Attached you will find a list of itemized charges as well a letter from Stewart Smith, Public
Information Officer of the City of Garland. Mr. Smith has offered to answer any questions
about the services we have provided his city and to discuss with you how these services
have improved his city's revenue. Additionally, we will be happy to discuss with you any
other services you might need from us.
2. COLLECTION PRQCESS
Will the City of Denton be required to review accounts prior to the onset of the collection
process, or will this be an automatic progression?
No, the City of Denton will not be required to review accounts prior to the onset of the
collection process. We consider ourselves an extension of the City of Denton. The City
has several options from which to choose. The City may choose to do either of the above.
900 E. CAMPBELL ROAD a St ITE 399 • RICHA RDSON. TEXAS 75081
t
x
r
ATTACIUf E.NT A
(CONTINUED)
3. PAYMENTS
How will payments be received and processed to acquire a minimal amount of handling?
The City may select its method of payment. The payment method that is the most
beneficial for the City is to have our company handle all payments. We will identify the
payment as a billing or collection item, post the charge, make the adjustments, and deposit
the money. At the end of the month, we will provide you with a detailed statement
sowing all payments for the month. See attached.
4. GUARANTEE
Is your guarantee based on a collection percentage or a flat fee of revenue collected?
We will make every attempt to improve your revenues. We could offer a guarantee like
we will collect as much money as the City did the previous year, but we feel this is a
foregone conclusion since we are the experts in this field. History shows that we average
between 60% and 70% recovery for our billing. The bad debt program averages 10% to
17% based on the age of the accounts. Even with our vast experience and excellent past
history, any guarantee concerning a service oriented project like billing and collecting
ambulance accounts would be purely speculation, at best. We do guarantee to work each
account to its fullest, and, if at anytime you have questions concerning the status of any or
all of your accounts, I will be glad to discuss, in full detail, the efforts that have been made
to bring the accounts to a paid-in-full status.
r
t
F
t
COST COMPARISON OF EMS BILLING & COLLECTION PROPOSALS
- . 40,6842
$
Diversified 1o% of collected revenue Net
HealthCare 25% of bad debt $6,733 Cost
$47,417
Doctors R t
Texas 12% of net collections - $52,052 Net
Medical Additional 6% if collection is above $433,770 Cost
Data S sterns Reimburse difference if collection drops below $433,770 $52,052
Municipal 11 of net collections $47,715 Net
+
Services Cost
:47,715
Bureau
F 'Ltnds 8% of current collections - Net
1
Nabors Plus costs of supplies $5,454 cost
~ $38,001
Does not collect bad debt balances
--$54-,9231 o
- Net
'Fikes 13.5% for 30 day collections Cost
Transpof Don 25% of 31 to 90 day collections Co
$13,467 € 668, st
Services, Inc 56% of bad debt
- - Net
'Nstlonal__ Flat fee, $lolacct for 180 days $35,820 T
credits 21°k of collections older than 180 days $5,656 Cost
$37,476
Inc. n
y
"No prior experience
a~
09/03/96
2
ATTACHMENT C
DIVERSIFIED HEALTHCARE
` DOCTORS REPORTGY ERi7 ES
-References-
City of Garland
' Bob Nunnally
DHC bills and collects F'AfS charges.
Contract has been in effect for 1 !7 years.
DIIC was chosen because of the following reasons-
-on site visit was very impressive -step by step process, very detailed
--.staff members are very knowledgeable and experienced
1Vo customer complaints about service.
Collection rate prior to contract was 0353,000, it is now $553,000. The first month of
collections under the contract, the collection rate svent from 34% to 68% the increase is the
result ofDHC's collection processes and increased billing rates. DIIC played a key role in the
efforts to get Council's approval to increase the rates.
DHC has no trouble obtaining patient information. They have a direct connection to Baylor,
ss lurch is where most of die runs are made.
S
F
FIFE ATTACHMENTC
(CONTINUED)
City of Garland GARLAND
l'.O. &x 469C02
II Garland, Teas
750.15-9002
114.205.4000
Stewart Smith 08/2S/96
Garland Fire Department
Public Information Officer
217 N. Fifth St.
Garland, TX. 75040
214.205-2264
To Doug McDonald,
1 wanted to send you a quick note regarding the first year and half of doing business with
your company.
As yon already know, our collection rate for EMS bills has almost doubled because of
your effort and the fact that you are already tied into many of the area hospitals for their
collections.
There is another side of Doctor's Reporting that I don't think you realize. Your company
has made myjob easier in many aspects. With our previous billing company. I had to tie up my PC
waiting for them to download the daily data. When we switch to your company, I informed you
how this problem slowed down the rest of my responsibilities and you simply installed one of your
computers in my office to hold the download.
Another thing that has made my job easier is the fact that our department can deal with
just one representative from your company, This net only reduces duplication and confusion, but
has allowed us to have that "ace in the hole' to hold one person responsible on your end and that
if there is a discrepancy, we can point to one person.
Finally, no one likes to get a bill and many patients get upset at a "billing company" and
want to call the Fire Department to complain about "how mean they are and they just don't
understand". Since I handle all complaint calls for the Fire Department, f take these calls and then
call Mark Wilson to explain the situation to me. Most of the time, Mark then ta= es over that
account and handles it wilh a kid glove to rectify the situation with the patient. T1us is important
for us in the Fire/EMS service because we want our citizens to know we are the good guys and to
us, their health is more important than money.
'thanks for the great job your doing.
Sincerely,
Stew?rt Smith
W
{
a
E
IhI
1.
ATTACHMENT C
(CONTINUED)
DIYFRS7F/Fn uc~rTUr~n~
DOCTORS RRPORTI,Y . CFR j~~F~
-References-
.
City of Richardson
Brenda Hirsch
1)HC has just begun billing and collecting EA S charges.
The City turned over all of their old accounts but nothing has been reported yet.
DHC chosen for the following reasons-
-City of Garland uses them, highly complementary -simplicity of presentation
-eager to work -easy to work wish
Hills for approximately 275 runs per month, transport and supplies.
No complaints yet, no culls from any o/7he old accounts turned over either.
Current bill collection rate was at 491% prior to DHC taking over.
DHC has contacts with local hospital and has no trouble obtaining patient in1ortnation.
9
r
f
Agehtla No.
Agenda Ite~m OS
Dale____ -A4-9lo
WY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 F. MCKINNEY • DENTON, TEXAS 7620,
MEMORANDUM (817) 566-8200 41 DFW METRO 434.2529
TO: Honorable Mayor and Members o City Council
FROM: Ted Benavides, City Manager
i
DATE: September 17, 1996
SUBJECT: COUNTY PROPOSAL TO COLLECT CITY TAXES
As you are aware, Mary Horn, County Tax Collector, has approached the City regarding her
proposal to collect the City's ad valorem taxes. In June, I reported to City Council that the
County's proposal to collect City taxes does not save the City any money. In addition I
discussed several negative factors such as the customer service impact on citizens who are
accustomed to coming to the City for other City Business (e.g., utilities, municipal court,
inspections & etc). Accountability is also an issue. County employees are not under my
authority. Other issues to consider include accessibility to tax records, report capability and
cost control.
Most importantly, if the County collects City taxes, one bill consisting of line items of each
taxing jurisdiction's levy will be sent to citizens. Essentially, citizens will see one total for all
three entities' tax levies. If any jurisdiction other than the City were to raise taxes while the
City rate remains constant or even decreases, the City's decrease will be overshadowed by
any increase by another jurisdiction. Citizens may conclude that the City has raised taxes due
to a higher combined tax bill, when in reality the City lowered taxes. Frankly, I do not want
the hard work of City Council to lower taxes to be mitigated by another taxing jurisdiction's
tax increase. Plus, the City is required by law to print on each tax bill a statement reflecting
how much money the additional 112 cent sales tax for ad valorem tax relief has reduced ad
valorem taxes. I believe it is important for citizens to be able to identify the tax effect the 1/2
cent sales tax generates for them specifically and just as important that the City gets credit
for such.
After consulting with City Council regarding this matter in August, I informed Ms. Horn of the
City's decision to continue collection of our taxes in-house (See Attached). I continue to feel
strongly that the City should continue collecting its own taxes.
I loo', forward to receiving City Council direction regarding this issue. If you need additional
information please advise. Thank you.
AFF012FE
"Dedicated to Quality Service"
r'
CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E McKINNEY • DEN TON, TEXAS 7620
(817) 666.8200. OFIN METRO 434.252:
August 23, 1996
Mary Horn
Denton County Tax Assessor/Collector
P.O. Box 1249
Denton, TX 76202
Dear Mary.
Thank you for the information you have provided concerning the county tax collection
efforts and your offer to collect the City of Denton's ad valorem taxes. 1 have
decided, after consulting with City Council and giving the offer serious consideration,
to continue collection of our taxes in-house.
We will keep your continued interest in mind and will contact you should we
reconsider this matter.
Sincerely,
Ted Benavides
City Manager
M of
AFF01281
xc. Honorable Mayor and Members of City Council
Kathy Dubose, Executive Director of Finance
"Dedlcared to Quality Service"
Anenda No..»3~0-
Agenda Item WS jli'~
Date 9 ,Aq-9 u
CITY COUNCIL AGENDA ITEM
T0: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: TED BENAVIDES, CITY MANAGER
SUBJECT: CONSIDER APPROVAL OF A RESOLUTION CONSENTING TO THE
EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER
TRINITY REGIONAL WATER DISTRICT (UTRWD) NECESSARY FOR
EASEMENTS INSIDE DENTON CITY LIMITS FOR A WATER SUPPLY
LINE FROM DENTON TO SANGER ALONG I11-35.
RECOMMENDATION
The Staff recommends approval.
SUMMARYIBACKGROUND:
The UTRWD plans to extend a 16 inch line along the east side of IH-35 from
Exposition Mills to Sanger to meet UTRWD's contractual obligation to furnish
treated water to Sanger. Denton plans to participate with the UTRWD in this line
up to Milani Road. In contracts with the UTRWD the City of Denton has agreed
to transport watcr, for a fee, across Denton's water system for the UTRWD to
serve Sanger. Approximately 27,000 feet of the toLA distance is in the city limits
of Denton and per the legislation that created the UTRWD, they must obtain
Council approval before they can exercise the power of eminent domain in
acquiring right-of-way within a member city. This resolution grants the UTRWD
this consent. The resolution excludes consent for the right-of-way which the City
of Denton will be securing for this line, which will be approximately 17,000 to
Milani Road. Addendums to existing contracts with the UTRWD regarding
Denton's participation in the pipeline and delivery of water to the UTRWD for
sale to Sanger will be brought to the Council at a later meeting.
FISCAL IMPACT
The UTRWD will pay for all easements they acquire. Denton will pay for
easements Denton acquires, if payment is required. All easement costs will be
a part of the pipeline costs and will become part of Denton's participation in the
pipeline. Such participation is anticipated to be $1.6 million payable over 20 to
25 years.
Respectfully Submitted:
Prepared by.
Ted Benavides, City Manager
R. E. Nelson, Executive Director Utilities
s
4
I
r
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON CONSENTING TO
THE EXERCISE OF THE POWER OF EMINENT DOMAIN BY THE UPPER TRINITY
REGIONAL WATER DISTRICT NECESSARY FOR THE CONSTRUCTION OF THE
REGIONAL TREATED WATER TRANSMISSION SUPPLY LINE FOR THE CITY OF
SANGER IN THE CITY OF DENTON; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Upper Trinity Regional Water District (the "District') was created pursuant
to H.B. 3112 (the "Act') passed by the 71 st Legislature in Regular Session 1989; and
WHEREAS, the Act authorizes the District to exercise the power of eminent domain in a
municipality in Denton County upon receipt of prior convent of the municlpality as evidenced by a
written resolution; and
WHEREAS, the City of Denton is a memlxr of Cx District an« is represented on the Board
of Directors of the District; and
WHEREAS, on January 4, 1996, the District's K3 and of Directors approved the alignment
of Phase IC, a water transmission line to supply the City of Sanger, pursuant to an agreement with
the City of Denton; and
WHEREAS, the Project requires the District to acquire land, easements, rights-of-way, and
property improvements within the City of Denton's boundaries; and
WHEREAS, the City of Denton plans to participate in the cost, capacity, and benefits of the
water pipeline; and
WHEREAS, the City of Denton will secure easements and rights-of-way for that portion of
the water pipeline in which the City of Denton is participating; and
WHEREAS, the City Council supports the Project and is agreeable to giving its consent to
the District to exercise the power of the eminent domain within the City, if necessary, to obtain the
required lands, easements, rights-0f--way, and other property to carry out that portion of the project
consisting of a water transmission line to supply the City of Sanger as generally depicted on Exhibit
"A", a copy of which is attached hereto and made a part of this resolution for all purposes, except
consent is not granted to the District where Denton is securing the easements and right"f way;
NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SEAL That all matters stated in the preamble are found to be true and correct and are
hereby incorporated into the body of this resolution as if copies in their entirety.
SECTION II. That the City Council does hereby give its consent to the Upper Trinity
a
i'
3
Regional Water District to exercise its power of eminent domain within the city limits to obtain the
necessary land, easements, rights-of-way, and other property and improvements to carry out the
referenced portion of the Regional Treated Water Project in accordance with the pipeline alignment
recommended by Alan Plummer Associates, Inc. And approved by the District Board of Directors
on January 4, 1996, generally as indicated on Exhibit "A".
SECTION III. That this resolution shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WAITERS, CITY SECRETARY
BY.
APPROVED AS TO LEGAL FORM;
HERBERT L. PROUTY, CITY ATTORNEY
BY,
C,1 WP DOCSIORDISANGE R. WTR
r
EXHIBIT"A" 4
is SAN"It OEUYERY FMT
a
r
Q
f~
rr[
MOVING
oM
my
waw a
seem
1 ow
ti oom
~n
Idi '
w o
0 KR ~ nma s
oy Ib
i. f TON SY'TEM
I = C NECTIO POINT
-
QE TO -
FIGURE CS'-1
RECOMMENDED ALIGNMENT
Mr
o
~ L
•
VottrlHt
J •
1
P S~rPP ( O~
I
I li Iti /
1
4~ f
LANDSCAPE _ DAY LABOR SITE `r z - _
PLAN Myrtl. Wrost at C.NMs Street O
Dept", T.a.•