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'`IY s✓ I I I I EXIST!I,W N, I ~ rr.~7,.~rr.r L L'k wr.~rr.~.. e...~,.,rr,r rr...~.r.rr I I r.~.e "MOW I I `C I ~ l ~ arr- EXISTING 6 V1A'fF:R I ~ r' i, 16 c7, m r 14, P1 .:7 i ~Y ti V (r ~I I I ll l ,YI 1 •Y fi rv; n, 4 i fY~lrlpµ'zkBn%1 ~ r - i f c u.rY I P'mm~ e L6 ('A W Pa4.Jra tf P. IS M i 1i 1 i CITY COUNCIL AGENDA PACKETS I November 5, 1996 1 ; i t E i i 1 i 1 I\ i I~ i ~I AGENDA Agenda Item CITY OF DENTON CITY COUNCIL Date. 1 J ` 9~ November 5, 1996 Closed Meeting of the City of Denton City Council on Tuesday, November 5, 1996 at 5:45 p.m, in the Civil Defense Room of City Nall, 215 E. McKinney, Denton, Texas, at which the following Items will be considered NOTE: THIS 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, OOV'T CODE Sec. 551,071 W Real Estate Under TEX. OOV'T CODE Sec, 551,072 C. Personnel/Board Appointments Under TEXT OOV'T CODE Sec, 551,074 f > Regular Meeting of the City of Denton City Council on Tuesday, November 5, 1996 at 7:00 p,m, in t the Council Chambers of City Hall, 215 E, McKinney, Denton, Texas at which the following items will ; be considered: 1, Pledge of Allegiance AI U.S. Flag 1 B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, 'T'exas, one and Indivisible." 2, Consider approval of the minutes of August 20 and August 27, 1996. 31 Citizen Reports i A. Receive a citizen report from Dessie Goodson regarding SPAN. 4. Public Hearings i A. Hold a public hearing in accordance with Chapter 26 of the Parks and Wildlife Code to obtain public comment concerning the proposed exchange of approximately 13106 acres In Abstract 616 and 1007 out of South Lakes Park for approximately 51105 acres in Abstract 185 near Evers Park from the Denton Independent School District for the purpose of facilitating the construction of a middle school on the 13,06 acres out of South Lakes Park, i B. Hold s public hearing and consider adoption of an amendment to Section 34•,15 of the Code of Ordinances relating to access to arterial and collector streets for single family and two family lots and adoption of appendices A-8 and A-9 relating to circular driveways, (The Planning and Zoning Commission recommends approval 6-1,) {i IYr!. 1N r City of Denton City Council Agenda November 5, 1996 Page 2 C. Hold a public haaring and consider adoption of an ordinance to rezone 3,753 acres to a Commercial Conditioned (C[c]) zoning district, The subject properly is located southeast of Lindsey Street, adjacent to the south side of I-35E. (The Planning and Zoning Commission recommends approval 54) I D. Hold a public hearing and consider adoption of an ordinance amending the detailed plan i for Plamted Development 1491 The subject property is located on the northeast corner of Frame and Uland Streets, (The Planning and Zoning Commission recommends approval 5.1.) Iii Hold a public hearing and consider adoption of an ordinane9 to rezone 42,815 acres from the LIghl Industrial (LI) and Agricultural (A) zoning districts to the Multi-Family 1 (MP- 1) zoning district, The subject property Is located between Spencer and Loop 288, approximately 300 feet east of Colorado, (The Planning and Zoning Commission recommends approval 6-0) 5, Consent Agenda Bach of these items Is recommended by the Staff and approval thereof will be strictly on tnc basis of the Staff recommendations, Approval of the Consent Agenda authorizes the City M"nager or his designee to Implement each Item In accordance with the Staff recommendations, The City Council has received background information and has had an opportunity to raise questions regarding these Items prior to consideration. Listed below are bids and purchase orders to be approved for payment under the Ordinance section of the agenda. Detailed back-up Information Is attached to the ordinances (Agenda items 6.A - 6.0), This listing is provided on the Consent Agenda to allow Council Members to discuss or withdraw an item prior to approval of the Consent Agenda, A citizen may not speak or fill out a 11request to speak" form on an Item on the Consent Agenda unless the item Is removed from the Consent Agenda. The speaker shall be allowed to speak and the Item shall then be considered before approval of the Consent Agenda. A. Bids and Purchase Orders; 1, Bid #1952 - Distribution Transformers 21 Bid #1889 - Ambulance 3. Bid #1943 - City-County Day Nursery Kitchen Renovation Project 4. P.O. #70307 - IBM 5, P ,O. #70308 - Ameritech Library Services 6. P.O. #70826 - IBM B. Check Requisitions 1, American Public Power Association 2. Upper Trinity Regional Water District ti ,a City of Denton City Council Agenda November 5, 1996 Page 3 C. Contracts I 1, Denton Black Chamber of Commerce 2, Denton Festival Foundation 3. Denton Historic Landmark Commission 4, Denton Amphitheater Association 6, Consent Agenda Ordiuanees t A Consider adoption of an ordinance accepting competitive bids and awarding a contract for purchase of materials, equipment, supplies or services, (5,A,1, - Bid 111952) B, Consider adoption of an ordinance amending Ordinance No, 96-120 relating to the award of Bid Number 1889 for the purchase of ambulances to provide for the purchase of an additional ambulance. (5,A,2. - Bid #1889) C. Consider adoption of an ordinance accepting competitive bids and providing for the award of contracts for public works or Improvements, (5,A,3, - Bid #1943) D. Consider adoption of an ordinance awarding a contract for the purchase of materials, equipment, supplies or services by the Stata (5,AA. - P.O. #70307, 5,A,6, • P.O. #70826) R Consider adoption of an ordinance providing for the expenditure of funds for purchases of materials or equipment which are available from one source in accordance with the provisions of state law exempting such purchases from requirements of competitive bids (5,A,5, - P.O. #70308) F. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City for annual dues to the American Public Power Association, (5,13,1,) G. Consider adoption of an ordinance authorizing the expenditure of funds for the purpose of payment by the City for administrative fees and participation to the Upper Trlnlty Regional Water Dlstrlct, (5,B,2,) 7. Consent Agenda Resolutions A. Consider approval of a resolution approving the fiscal year 1997 budget of the following organizations for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code; 1. Denton Black Chamber of Commerce 2, Denton Festival Foundation 3. Denton Historic Landmark Commission 4. Denton County Amphitheater Association (5,C,1,•S,C,4,) I! 4 1 r• City of Denton City Council Agenda November S, 1996 Page 4 8A Receive a report regarding recommendations from the Sales Tax Task Force, 8B, Recolve a report regarding a minority report from the Sales Tax Task Force. 8C, Bold a discussion and give staff direction related to the Sales Tax Task Force reports, 9, Ordinances A. Consider adoption of an ordinance calling a sales and use lax election to be hold within the City on January 18, 1997, to adopt a sales and use tax for the promotion and development of now and expanded business enterprises at the rate of one-half of one percent; designating voting places and appointing election officials; providing for bilingual notice of the election; ordering that an electronic voting system be used; making additional provisions for the conduct thereof, and other provisions relating thereto; and providing an effective dale, (As recommended by the majority of the Sales Tax Task Force.) It. Consider adoption of an ordinance whereby the City of Denton, Texas, and OTB Southwest Incorporated agree that, for the purpose of operating itr, telecommunications business, the Telephone Company shall, construct, erect, build, equip, owtr, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said city and for conducting a general local and long- distance telephone business, prescribing the conditions governing the use of public rights- of-way for the Telephono Company's toiecommuntcatIons business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the'relephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect; providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the steeling at which this ordinance Is passed Is open to the public as required by law; providing for future contingencies, providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. C. Consider adoption of an ordinance authorizing the City Manager to execute a public transportation contract and subsequent amendments with the Texas Department of Transportation for funding public transportation. D. Consider adoption of an ordinance amending Ordinance No. 82.09 to change the name of the Data Processing Advisory Board to the Information Services Advisory Board. r, } City of Denton City Council Agenda November 5, 1996 Page 5 B Consider adoption of an ordinance ordering a spooiat election to be held In thn Clty of Denton, Texas, to 1711 a vacancy In Place 2, on January 18, 1997, and, if a run-off election ~s required, on Pebruary 15, 1997, for the purpose of electing a Council Member to Place 2 of the City Council on the City of Denton, Texas; designating voting places and appointing election officials; providing for bilingual notice of the election; providing notice of the filing deadline for a place on the special election ballot; ordering that an eleotronic voting system be used; and making additional provisions for the conduct thereof. F. Consider adoption of an ordinance amending Ordinance No 94.183, as amended, by amending Section 2,6 of the Council Rules of Procedure by authorizing the Consent Agenda which may contain more than one subject to be approved by one motion of the City Council; providing a savings clause; and providing for retroactive effect. 10. Receive a report, hold a discussion and give staff direction regarding requests for proposal for a utilities management study as previously directed by Council, 1i. Receive a report, hold a discussion and give staff direction regarding the Denton Hispanic Chamber of Commerce's request to have their hotel occupancy tax funding allocation reconsidered, i A Consider approval of a resolution approving the fiscal year 1997 budget of the Hispanic Chamber of Commerce for hotel occupancy tax funds, pursuant to Chapter 351 of the Texas Tax Code, 12, Consider approval of an annexation schedule with regard to the proposed annexation of 11,40 acres located south of Robinson Road and cast of Nowlin Road, (A-74) J 13, Consider nominations/appointments to City's Boards and Commissions, 1 14, Miscellaneous matters from the City Manager. 15. Official Action on Closed Meeting Items; A. Legal Matters 13, Real Estate C. Personnel D. Board Appointments 16, New Business This item provides a section for Council Members to suggest items for future agendas, "T._,_. City of Denton City Council Agenda November S. 1996 Page 6 c 17, Possiblo Continuation of Closed Meeting; A. Legal Matters Under TEX, OOWT CODE Sec, 551,071 B. Real Estate Under TEX. OOWT CODE Sea 551,072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec, 551,074 t CERTiFiCATE; ? I certify that the above notic9 of meeting was posted mi the bulletin board at the City Hall of the City of Denton, Texas, on the _ day of 1996 at o'clock (a.m.) (p.m.) CITY SECRETARY NOTE; THE CITY OF D13NTON CITY COUNCIL CHAMBERS IS ACCESSIBLE; IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING i IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCIEEESCJLI11) MEETING, PLEASE CALL THE CITY SECRRTARY'S OFFICE AT 566.8309 OR USE TELECOMMUNICATIONS D13VICIS FOR THE DRAP (TDD) BY CALLING 1-800-RELAY-TX 80 THAT A SIGN LANOUAOE INT11"RETER CAN BE SCHEDULED THROUGH THE CITY SECREiTARY'S OFFICE, ACCO0349 I i i i R, CITY OF DENTON CITY COUNCIL MINUTES ape" 4A Item/~ AUGUST 20, 1996 0ate._....IL:.'- -:3y, 2: The Counoil convened into a Closed Meeting on August 20, 1996 in the Civil Defense Room of City Hall. PR98ENT1 Mayor Millerl Mayor Pro Tom Brock) Council Members Beasley, Cott, Krueger, and Young. ABSENTS Council Member Bileo 1. T1le Council considered the following in Closed Meetings As Legal Matters Under TEX. GOW T CODE Sao, 551.071 1. Considered and disoussed possible settlement of City of Dgato-n v. Karvouniaris, 2, Consulted with attorney regarding status and strategies of RPS/obber and Barnes v, pity and considered mediation or settlement. B. Real Estate Under TEX, aOVIT CODE Seo, 551.072 C, personnel/Board Appointments Under TEX. GOVT CODE ~ Sec. 551.074 The council convened into a Regular Meeting on Tuesday, August 20, 1996 in the Civil Defense Roam of City Hall, PRESENTS Mayor Millerl Mayor Pro Tom Brockl Council Members Beasley, Cott, Krueger, and Young. ABSENTt council 14ember Biles ` 1. Pledge of Allegiance The Council and members of the audience recited the Pledge of Allegiance to the U. S, and Texas flags, 2. Council considered approval of the minutes of July 9, 12, and 16, 1996. Beasley motioned, Brook seconded to approve the minutes as presented, On roll vote, Beasley "aye", Brook tfaye", Cott "ayslt, Krueger "&y0, Young and Mayor Miller "aye". Motion carried unanimously, 9. Citizen Reports A. Ccunoil received a citizen report from Joe Dodd regarding illegal. closed meetings regarding the Dell Deal, Mr, Dodd presented the Council with lollipops which represented his faelinga that the Council had been played for suckers. He hoped that the attorney's advice regarding Closed Meetings was good advice as the attorney would not be the one going to jail with bad advice. He stated that the Council could not have Closed Meetings to discuss tax implications of a land transfer, to discuss the merits or demerits of the Council forming an economic development r City of Denton City Council Minutes August 20, 1996 page 2 district, to discuss a land transfer in which the City was neither the buyer nor seller, and talking about another political subdivision buying the land. The agenda portion of prior meetings inoluded "consider acceptance of a possible assignment on behalf of a 4B non-profit economic development corporation to be formed by the City". If the Council had meetings regarding the County forming a 4B corporation, those meetings were illegal meeting, He had been told that all of those meetings had been preoleared by the Attorney General's office. That was not true. The Attorney General's office had no history of, no inclination to and no power to approve illegal meetings. The single voter in the election was on the City's legal staff. If that person had not been on the legal staff, as a private citizen, he would not have known to volunteer for the job of voting there, That person was working as an agent of the City, The City Manager and the City Attorney never should have let that employee serve in that manner. if the District bought TT, It Would be taken off the tax roil, If the District sold bonds and the program fell apart, the City would be responsible for those bonds, 26 The Council received a citizen report from L7erry C. Drake regarding concerns for the new economic development district in north Denton, Mr, Drake stated that the first time the Council approved the creation of the economio development district at the old TI plant, no debate was entertained on the subject. He presumed that all of the Council's questions had already been answered before entering the Council Chambers. He knew from watching the video taped minutes of the meeting that the Council was provided with packets of information regarding the creation of this EDD. He read the law and studied the documentation rotated to the creation of this kind J of special district and had many questions, How could the City 11 Council endorse a real estate scheme of this nature which ran exactly counter to the spirit of the law which enabled it. The intent of the legislature was to further the public purpose of developing and diversifying the economy of the State by providing incentives for the location and development of projects in certain counties to attract visitors and tourists. The law did aot include a big corporation or low paying, high tech jobs, The Tr deal was not for tourism as indicated. Dell would not bring tourism to the area and the deal was not in the spirit and intent of the law, He asked the council to not continue to deceive tho taxpayers of the city. Council Member Krueger stated that CAD stood for County Development District. Why was Mr. Drake at the City and not at the County. Drake replied that the council asked for approval of this District. Krueger stated that the Council held a public hearing and no one spoke regarding the issue, I} City of Denton city council minutes August 20, 1996 Page 3 Drake replied that the public hearingg was advertised in the legal notices section of the paper exactly in accordance with the law. He did not hear about it until the Dallas Morning News carried the story two days before the election. Council Member Krueger stated that notices were posted by law on the doors of Courthouse and did not understand why Mr. Drake wasi at the City. Drake stated that he was here to ask the Council to get the City out of the deal, It was his right as a citizen to voice his opinion to the council. Council Member Krueger understood Mr. Drake's feelings and rights 1 as a citizen but it was still a county issue. Drake replied that the City had voted for the issue and he resented having to Justify being at the meeting. Council Member Young asked Mr. Drake what he wanted the Council to do. Drake asked the Council to dissolve the District and reevaluate the City's position. C, The Council received a citizen report from Chris Coil regarding concerns for the new economic development district in north Denton, Mr. Coil stated that he had concerns about the CDD and the Council's role in the process. The Bill talked about inhabited land and was designed to give the people a role in the process. It did not mention about the Council or the County being able to make these types of decisions. The voters were supposed to be able to decide whether to create a district or not. This was a scandal. The Assistant City Attorney was sent out to live in a trailer for the minimum days in order to be a registered voter to vote on the issue. He had a concern about zoning of the property which was Light Industrial. He was told from the zoning Office that the only way an individual could be living there and claim that that was his permanent address was to be the owner of the property or an employee of TI, A special uoo permit could have boon issued to allow someone to live there but none was approved. If the property uas not zoned correctly, that was not his legal residence. Mr. Drake had admitted that the trailer was not his and he questioned who it belonged to and was Drake paying rent and utilities. This wos a city employee and if he was not paying these, he was receiving a considerable amount of money to either vote a certain wav which was illegal or, as a representative of the city, was re:eiving in-kind contributions which was a conflict of interest. Coil expressed concerns about access to the polling site. The public was not allowed in for any early voting and when they entered the day of the election their licenses and names were taken down, Mr, Drake did not allow access to the polling site on 1 City of Denton City Council Minutes August 20, 1996 page 4 election day and no poll watchers, The public had no access to information regarding this issue, D, The Council received a citizen report from Mark Atkins regarding concerns for the new economic development district in north Denton. Mr, Atkins felt that there might be a possible violation of voting rights. Voting rights were recognized as a fundamental right by the Supreme Court. There had to be a compelling need to set aside voting rights and even if demonstrated, the governmental body had to show that no less restrictive alternative existed. Voting rights ware predicated on three principles, Each vote had to count equally, the franchise must be broadly available, and to be a meaningful vote, the ballot must refleot a sufficiently represented choice. in this case, all three were violated and he felt there was a compelling interest to look into this procedure for voting rights violations. E. The Council received a citizen report from Phyllis Atkins regarding concerns for the new economic development district in north Denton, Ms. Atkins stated that she was a small business owner in the City. She had a concern about how the vote on this issue was taken and felt that it needed to be undone. Her concern was from the point of view of a small business owner, she had done a survey regarding this issue and the feeling she received was that any time there was a tax abatement, small business was hurt. When large corporations, which had the money, did not pay the taxes, the small businesses were hurt, F, The Council received a citizen report from Eric Posa regarding concerns for the new economic development district in north Denton, Mr, Posa stated that he was concerned about the County Development District. His main concern dealt with the question of precedence and what precedence had been sot by the development of this district and the manner in which it was developed, The ethical and legal manner under which the election was held to create the district was questionable. He was concerned that this might not be the only time this would occur. A single person employed by the City created a district under which substantial tax breaks would be given to a corporation, Money which would be taken out of the tax base. He wanted to warn the Council of a potential problem. When would be the next time the council would have an opportunity to have a major corporation come to the city and would this happen again at another site, The County had the power to add whatever land they chose to the district, What if this was expanded to include other businesses and neighborhoods and how much would this take from tho tax base, t i~ City of Denton city Council Minutes August 20, 1996 Page 8 a, The Council received a citizen report from Kirk Davis regarding conrnrns for the new economic development district in north Denton, Mr, Davis stated that he was a long term resident of the City of Denton, He was teaching his ohildren how to vote and how to address grievances, The City~s action was showing that it was alright to oiruumvent the electorate and to represent the will of a few over the will of the people. Any time the people were denied say on how their economic future would be decided the community was given a great injustice. Were the children In Denton being taught that the police were needed at elections to protect city servants from peaceful citizens, that it was alright to violate zoning ordinances in order to expedite a oauae, and a new math as far as taxation went. The aotions of Council went beyond the realm of ignorance into the area of willful disregard of office, Dell Computer was a corporation with a Board of Directors whose job was to act in the best interest of the corporation, The City of Denton was a corporation which had a city council whose job was to act in the best interest of its citizens. Davis asked the Council to void the election and to stop giving tax incentives. Council Member Cott asked if Davis had a monthly or quarterly meeting of his organization. Davis replied that he belonged to several organizations. Council Member Cott asked if the speakers here were from a single organization and if so could he attend their meetings, Davis replied that he was speaking on public actions. He belonged to the Denton County Labor Party and all were invited to their meetings, H. The Council received a citizen report from Chuok Norton regarding concerns for the new economic development district in north Denton. Mr. Norton stated that he had served ais an election judge for many county elections and felt that the election prooass was very sacred, Th6 election process should be open to public inspeution. The event which happened on August loth at Ti was not an election, County Commissioner Don Hill called it a charade. He was disturbed that members of the city council, who were elected members, supported that election process. He hoped that council would revoke the resolution in support of the CDD, it set a bad example for the children on how the democratic process worked, Counoil Member Young stated that when he was first elected there were not enough jobs in Denton for young people, it was the Council's job to bring in good paying jobs for the City. The Dell deal came with high paying jobs and in order to have Dell, an economic development district had to be created. He believed in open government and he did not like the process from the beginning V~ r, city of Denton city Council Minutes August 20, 1996 Page 6 as he was told he could not talk about the proposal, As it was not sure that the Dell deal was finished there was a need to complete the creation of the district, The citizens were kept from knowing what was going on until the end of the issue. This kind of election was not American but with the new bill from the Legislature, it could be done in this manner. This was an attempt to have good jobs in Denton. The mechanism might have seemed un- American but it was done for the good of the City. 4. Public Hearings At The council held a public hearing and considered adoption of an ordinance to rezone Lots 6-9 Black A of the Willowwood Addition from the Multi~Fami.ly 2 (MF-2) zoning district to the single Family 7 (SF-7) zoning district on property located on the west side of Golf Court, north of Willowwood. (The Planning and zoning commission recommended approval 7-0.) Frank Robbins, Director for Planning and Development, rotated that this case was a result of transferring the zoning map to the GIs system. The 1969 zoning map did not follow property lines in this area, Development had occurred in the multi-family 2 zone, if approved, the single family zoning district would follow the property lines, The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing, The following ordinance was considered: NO. 96-179 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE MULTI-FAMILY TWO (MF-2) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE SINGLE-FAMILY SEVEN (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR PORTIONS OF LAND LOCATED WITHIN LOTS SIX THROUGH NINE, BLOCK A, OF THE WILLOWWOOD ADDITION, LOCATED ON GOLF COURT, WEST OF WISTERIA AND NORTH OF WILLOWWOODI PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $20000.00 FOR VIOLATIONS TH8REOFj AND PROVIDING FOR AN EFFECTIVE DATE, Brock motioned, Young seconded to adopt the ordinance. On roll vote, Beasley "aye", Brook "aye", Cott "aye", Krueger "aye", Young "aye", and Mayor Miller "aye". Motion carried unanimously, B. The Council held a public hearing and considered adoption of an ordinance to rezone ,82 acros from the General Retail (GR) zoning district to the Commercial conditioned, (C(cj) zoning district. The tract was located on the south side of University Drive, approximately 135 feet east of Primrose and was known as 5 City of Denton City Council Minutes August 20, 1996 Page 7 1815 W, University Drive. (The Planning and Zoning Commission recommended approval 7-0,) Frank Bobbins, Director for Planning and Development, stated that this zoning ordinance included conditions which added to the list of uses to be allowed in the general retail district plus deleted some uses from the general retail district. Additional conditions included no additional lighting would be allowed to shine directly on adjoining property or within 25 foot of the property lines. This was an adaptive reuse situation and another condition was that the existing landscaping in front And rear of the property would have to be maintained, The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was consideredt NO. 96-180 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE PROM THE GENERAL RETAIL (OR) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE COMMERCIAL CONDITIONED (C[o]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 0.82 ACRES OF LAND LOCATED AT 1815 W. UNIVERSITY DRIVE) PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF AND PROVIDING FOR AN EFFECTIVE DATE. Young motioned, Beasley seconded to adOPL the ordinance. On roll vote, Beasley "ayell, Brock "nay", Cott "aye", Krueger "aye", Young 'laye", and Mayor Miller "aye", Motion carried with a 5-1 vote. C. The Council held a public hearing with regard to the proposed annexation of a 29,115 acre tract located north of Blagg Road and east of Geesling Road and gave staff directions, (A-73) Frank Robbins, Director for Planning and Development stated this was the second public hearing with no action required by the Council. Council had asked to make sure the residents knew of the possible annexation which had been done, The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing, Consensus of the Council was to proceed with the annexation process. ,p t City of Denton city council Minutes August 20, 1996 Page 8 D. The Council held a public hearing with regard to the annexation of a 96.78 core tract located north of Mingo Road and west of Cooper Creek Road and gave staff direction. (A-72) Frank Robbins, Director of Planning and Development, stated that this was the second public hearing on this petition for annexation. The Mayor opened the public hearing. i Dennis Jerks, representing the EDS Corporation, stated that RDS was requesting the annexation of the property for zoning purposes. A zoning application would be made after annexation. The Mayor closed the public hearing. Consensus of the Council was to continue with the annexation process. 5. Variances A. The council consider exaction variances of the following sections of the Code of ordinances of tho city of Denton, for Tots 6-120 Block A, Hickory Creek Estates. The subject property was in the Agricultural (A) zoning district and was located on the northwest oorner of the intersection of aim Christal Road and Egan Road. Variances included Section 34114 (5) providing for perimeter street paving, section 34-114 (17) providing for sidewalks, Section 34116 (c) requiring fire hydrants, and Section 34-116 (e) requiring adequate water capacity for fire protection. (The planning and zoning commission recommended approval of all of the requested variances 7-0.) Frank Robbins, Director of Planning and Development, stated that those variances were for property which was located outside the city limits. Exaction variances were those which exceeded any reasonable benefit for the property. These three variances could be voted on as a group or individually. The first two variances dealt with perimeter street paving and sidewalks. The cost of those improvements would be in excess of $175,000 which the Planning and Zoning Commission felt was excessive for the benefit. The cost for the improvements for the fire hydrants and water pressure in excess of $368,000. Brook motioned, Cott seconded to approve the variances as a group. On roll vote, Beasley "ayall, Brock Ilaye", Cott "aye", Krueger flays", Young "nay", and Mayor Miller 'layoff. Motion carried with a 5-1 vote. 6. Consent Agenda Brook motioned, Beasley seconded to approve the Consent Agenda as presented. On roll vote, Beasley I'ayef', Brook "aye", Cott "aye", T(ruegar "aye", and Mayor Miller hays". Motion carried unanimously. r. City of Denton City Council Minutes August 20, 1996 Page 9 A, Bids and Purchase Orderst 1, Bid #1777 - Health insurance and Actuarial Consulting Services - 2nd year renewal 2, Bid #1924 - Analyytical Testing 3, Bid #1926 - Jim Christal Electric substation Paokaga RFSP #1925 - Automated Metering Pilot System 54 Bid #1929 Cooling Tower Renovation 7. Consent Agenda Ordinances Beasley motioned, Brook seconded to adopt Consent Agenda Ordinances 7,A. - 7,C. On roll vote, Beasley "aye,,, Brook "aye", Cott "aye}f, Krueger "aye", and Mayor Miller "aye", Motion carried unanimously, A. NO. 96-181 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES] PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.1. - Bid #1777, 5.A.2. - Bid #1924, S.A.S. - Bid #1929) B, NO, 96-182 AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS) PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR) AND PROVIDING FOR AN EFFECTIVE DATE, (5.A.3. - Bid #1926) C, NO. 96-183 AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES} PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE) AND PROVIDING FOR AN EFFECTIVE DATE. (5.A.4. - RFSP #1925) 8. ordinances As The Council considered adoption of an ordinance authorizing the City Manager to execute a contraot for professional legal services between the City of Denton and Lloyd, Gosselink, Fowler, Blevins & Mathews, P.C,, a Texas Corporation, Bob Nelson, 2xecutive Director for Utilities, stated that the City hired this firm several months ago to assist the City with work related to transmission rates, The rate package had been put together and was before the PUC. The legal aspects were more involved than anticipated and more contract work was needed, The following ordinance was oonsideredi } 'rCity of Denton City Council Minutes August 20, 1996 Page 10 NO, 96-184 AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY MANAGER TO EXECUTE THE CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS & MATHEWS, P,C „ A TEXAS CORPORATION) AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORr AND PROVIDING AN EFFECTIVE DATE, Cott motioned, Brook seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott Faye", Krueger "aye", and Mayor Miller "aye", Motion carried unanimously, 9, Resolutions A, The CcunoJl considered approval of a resolution allowing Habitat for Humanity of Denton to sell items in Civic Center Park on September 28, 1996, Ed Hodney, Director of Parke and Recreation, stated that this was the third year for Habitat for Humanity to conduct a fund raising event in the Civic Center Park. In prior years, the event was held in the Civic Canter and permission was not needed from the council, Per City ordinance, the organization needed Council approval to sell items in the park. The following resolution was consideredi NO. R96-038 A RESOLUTION APPROVING A DENTON PARKS AND RECREATION AGREEMENT BETWEEN THE CITY OF DENTON, TEXAS, AND HABITAT FOR HUMANITY OF DENTON FOR THE USE OF THE CIVIC CENTER PARK ON SEPTEMBER 280 19961 AND DECLARING AN EFFECTIVE DATE, Beasley motioned, Krueger seconded to approve the resolution, on roll vote, Beasley "aye", Brook "aye", Cott "aye", Krueger "aye", and Mayor Miller "aye". Motion carried unanimously. B. The Council considered approval of a resolution authorizing the City Manager to execute Amendment No, 1 to the pubic transportation contract with the Texas Department of Transportation for funding public transportation, Joseph Portugal, Assistant to the City Manager, stated that approval of this resolution would authorize an amendment to the fiscal year 1995.96 contract with the Texas Department of Transportation. It allowed the City to spend $26,260 in State funding for vans for the demand response system and extended the time frame to December 31, 1996. The following resolution was considered; City of Denton City Council Minutes August 20, 1996 Page 11 NO, R96-039 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO, 1 TO THE PUBLIC TRANSPORTATION CONTRACT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATIONS AND PROVIDING AN EFFECTIVE DATE, Beasley motioned, Brook seconded to approve the resolution, On roll vote, Beasley "aye'f, Brook flays"" Cott "aye", Krueger t'ayet', and Mayor Miller "aye". Motion carried unanimously, C, The Council considered approval of a resolution supporting the City of Denton remaining in the 817 area code. This item was included in Agenda Item N12, 10. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Cott nominated Jim Gwilliams to the Cable T. V. Advisory Board, Council Member Young nominated Johnny Stracener to the Plumbing and Mechanical Code Board, Council Member Beasley nominated Charles Ridens to the Tralifio safety commission. 11. The Council received and considered information on the 1996-97 fiscal year budget and gave staff direction, , City Manager Benavides stated that staff had presented Council with recommendations for allocation for the Lalor funds. There would be an item on the September. 3rd agenda to award those contracts. There was also some additional information on SPAN, the seizure fund and the library fund, Council Member Young asked if the Phoenix Park expansion and the Oakwood Cemetery expansion were going to be considered in the budget, City Manager Benavides stated the Phoenix Park expansion could be budgeted in the General Fund, The Cemetery did not most the requirements, The State did not allow the City to go into new cemetery business unless the property was adjacent which this particular property was not. There was still capacity in the existing cemetery for the nest 10 years, Council Member Young asked for consideration for money to purchase the right-of-way for the extension of Newton Street to Scott street,. Council Member Beasley questioned the amount for a Civic center bridge, a City of Denton city Council Minutes August 20, 1996 Page 12 Rick Svehla, Deputy City Manager, stated that the City had a consultant examine the project, One problem was that if a new + bridge was built, it would have to be lengthened as it was in a flood way and would have to be wider. There were also six pipes which would have to be moved. Mayor Pro Tem Brock stated that any bridge built would need to be part of the park Master Plan. She wanted to make sure it would fit into the plan for the future. Council Member Krueger stated that he was not satisfied with the budget and felt that it needed to be looked at more. There was a proposal for a lowering of the tax rate but not lowering taxes. He asked staff to show him what a 3-5$ out in every budget would dc, What would that do and how much money would it generate. He felt that the employees were not happy with the lump pay which was not increasing their salary. He did not like the idea of a lump pay. He also asked the Council to give serious consideration to removing Main Street from the Lalor funding and fund through the General Fund, He wanted to give the remaining dollars as a percentage rather than a lump sum amount. Council Member Beasley asked what would happen next year with SPAN and its funding, Joseph Portugal, Assistant to then City Manager, stated that staff was working on a five year strategic plan, Council Member Young stated that ise agreed with Council Member Krueger's request for a 3-5% out across the board, 12, The Council considered a request to allow the Mayor to submit to the Public Utilities Commission the City's need to remain within the 817 area code. Gary Collins, Director of Information Services, stated that currently the 817 area code went from Waco to Wichita Falls, it was estimated that the 817 area code would run out of numbers by January of 1998, The Public Utility Commission had two alternative plans to break up the 817 area code to two other area codes. One plan was to create a metro area Fort Worth and all other areas would be in another area code. The second alternative was to have one area code starting at Waco and going north to Fort Worth, There would still be a metro in Fort Worth and another area code at Wichita Falls, In both plans, Denton would not be in the metro area. He had presented the city's position at the Public Utilities commission's public hearing last week. Krueger motioned, Young seconded to approve a request to the Public Utility Commission to have Denton remain in the 817 area code, On roll vote, Beasley "aye", Brook tlayell, Cott 'layell, Krueger "aye", Young "ayell, and Mayor Miller "aye". Motion carried unanimously. City of Denton City Coulioil Minutes August 20, 1996 Page 13 i 13, Vision Update Mayor Pro Tom Brook stated that the Entranoeway Committee would be f having a meeting Soon to plan a presentation to the Development Policy Committee so as to avoid duplication of efforts, she had boon giving presentations to neighborhood groups and giving out the new Vision brochure which detailed the recommendations of the various Vision groups, 1 14. Miscellaneous matters from the City Manager, City Manager Benavides did not have any items for the Council, 15, There was no official action taken on items discussed during ~G the Closed Session,€ 16. New business The following items of New Business were suggested by Council for future agendasl A. Council Member Young felt that another traffic light was needed on Spencer and Loop 288, 17, The Council did nc,t meet in a continuation of the Closed Meeting. With no further business, the meeting was adjourned at 8140 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACCO0335 CITY OF DENTON CITY COUNCIL MINUTES August 27, 1996 The Council convened into a Closed Meeting on Tuesday, August 27, 1996 at 5t45 p.m, in the Civil Defense Room of City Hall, PRESENTI Mayor Millerl Mayor Pro Tom Brock) Council Members Beasley, Biles, Cott, Krueger, and Young, ABSENTt None 1, The Council considered the following in Closed Meeting: A. Legal Mattois Under TEX. OOVIT CODE Sea, 551.071 1, Consulted with attorney regarding status and strategies of RM/Waber and Byrnes v, City and considered mediation or settlement, 2. Considered settlement of the claim of William Cox V, City. B. Real Estate Under TEX. OOW T CODE Soo, 551,072 C. Personnel/Board Appointments Under TEX. GOW T CODE Sec, 551,074 The council convened into a Special Called Meeting on Tuesday, August 27, 1996 in the Council Chambers of City Hall, PRESENTI Mayor Millerl Mayor Pro Tom Brookl council Members Beasley, Bi.les, Cott, Krueger, and Young, ABSENTt None 1, The Council held a public hearing regarding the adoption of the proposed 1996-97 City of Denton Annual Budget. Tom Harpool, Chair - Sales Tax Advisory Task Force, stated that the Advisory Committee was organized by Council in 1993 to study the possibility of a ; cent sales tax increase to reduce the ad valorem tax by a corresponding amount, That was recommended to Council, Council called an election and the citizens voted in favor of the increased sales tax. The Committee had met each year to review the budget and to review of amount of reduction as provided by both law and the wishes of the Council, The sales tax generated enough money in 199495 to reduce the rate by 22.2$. The Council then added 2 3/10thst to make the reduction 20 and rounded it to a 25$ reduction. The next year there was only a 1.8% sales tax generated to reduce the tax rate, The Council reduced the tax to 3.6% to bring the ad valorem tax rate to $,5409 which was the current rate, The sales tax revenues this year wore very low and there was no reason to reduce the tax this year as far as generation of the sales tax. The Council had proposed a 1.8% reduction eor this year which lowered the tax rate to $.5309, The Committee felt as though the Council was staying within the promise of the aot, legislation and wishes of the citizens. a r y~ City of Denton City Council Minutes August 27, 1996 Page 2 Don Carney stated that he had lived in Denton for six years, lie was interested in the fire fighters and police department, and supported them on the budget, He used the parks and was in support of dollars for maintenance for the parks, lie lived off Mille Road and felt that Mills was still too narrow for traffic. He was in favor of improved streets, drainage, parks, police and fire fighters. Bob Powell stated that as utility receipts, appraisals and the tax base was lower, so should taxes be, People were looking for smaller and less government, Don White stated that the great American dream was fading. The situation in Denton was indicating to the elderly that they could not live in Denton an a fixed income. There were many fees in the City and utility revenue was way up, The street rental fee for the second year in a row was It of the gross receipts for the Electric Department. The Electric Department transferred $603,000 to the General Fund as part of the street rental fee, Another $2 million was transferred for return on investment. The street rental fee was not part of the City Charter, It was a way to get more money for the Utility Department and should be kept at the current rate. Any overage in profits should be placed in a sinking fund to pay off the TMPA debt, If the taxpayers in Denton owned most of the utilities in Denton, they should enjoy some of the rewards of that ownerahip through lower property taxes, This was the first year that the City had the oppartunity to lower not only the tax rate but also the tax that the average homeowner paid. I Young motioned, Krueger motioned to allow Mr. White five additional minutes to npeak, on roll vote, Beasley Ilnay", Brock nnay", Cott "nay", Krueger "aye", Young "aye", Biles Ilayoll, and Mayor Miller nay . Motion failed with a 3-4 vote. Mayor Miller allowed Mr. White an additional minute to complete. White suggested a freeze on hiring, not building a bridge at the Civic Center Park, not remodeling City Hall, and not doing the Master Plan study. That money could ha used for roads and drainage, Emilio Lopez Gonzalez stated that the proposed budget had his full support. The City's population was growing greatly and he felt that those who prepared the budget had planned well for anticipated growth. He felt that the growth of the city and the economy of the City would be affected by the growth in the Hispanic population, Even though the Hispanic community was a growing presence in the economy of the City, many were receiving disappropriate services, He recommended funding Projecto Amistad as indicated in the would be incorporated iintouthehmainstream social and economic residents life of the City. He felt that before the project was implemented that appropriate officials should meet with the Latino Task Force and LULAC to refine the plan. r City of Denton City Council Minutes August 27, 1996 Page 3 Alton Donsbaoh stated that he was interested in the tax policy for the upcoming year, on one hand there was an indication of a tax out and on the other hand, the voters were being asked to approve an increase in the sales tax The first fund would be used by the council for all citizens. The second would be for a development corporation and would be used only on certain projects. He was unsure about turning over millions of dollars to an organization which was appointed but not directly accountable to the citizens of Denton and Denton County, If more money was needed, the council needed to do it rather than a corporation which was not accountable to the City. Ken Gold stated that the fire fighters were looking at the General Fund dollars. He presented the Council with a telephone survey done by the Fire Fighters Association which indicated that Denton, with the exception of Dallas, was the lowest paid Fire Department in the County. The fire fighters needed a pay increase to keep even with the county. He suggested the Council combine the incentive pay award program with the lump sum funding to further increase the salary adjustment. The civilian transfer ambulance service, as proposed, conflicted with the Civil Service law. The same was true for the Incentive Pay reward program. If those programs could not be revised to comply with State law, they supported the elimination of '.hem altogether. He supported incorporating it into the Fire Department with professional fire fighters. Council Member Young stated that the proposal was to use civilians in the program which might possibly increase the number of minorities in the Department. Gold stated that adding more civilian positions would not guarantee minorities in the Department, council Member Young asked that if this would not work, what would. Gold felt that removing the requirement of being certified prior to taking the test. Another local obstacle was the requirement of twelve college hours for consideration. Chris Coil addressed the priorities of the budget. Later in the meeting the Council would be considering a half cent sales tax election. The money received would be turned over to an organization which was not accountable to the Council or to the citizens. He was curious why the Council was supporting the increase in taxes and on other hand saying no to police, fire and parks departments. Why was the Council not supporting the essentials before supporting corporate welfare. He felt this was a serious lack of priorities. That organization was also being funded out of utility funds. He resented any money coming from that fund to this corporation. if the organization had to be funded it should come from another area of the budget. 1 city of Denton city Council Minutes August 27, 1996 Page 4 Council Member Krueger stated that no one denied fire protection, police protection and parks in this budget. Coil replied that essential services could be better supported rathsr than turn money over to a body which was unaccountable to citizens. Council Member Cott stated that in Council's best judgement, the formation of the corporation was an attempt to bring mores people in Denton to lower the cost of taxes in Denton. Council Member Young stated that no one was talking about outt.ing City services, He wanted to slow down city government and one way to do that was to put a freeze on hiring, He felt it was better to give the employees a 3% raise on base pay than a one time increass, The outs were not for each department but were for slowing down the increase in government and mostly dealt with new hires, Coil felt that oitiz(!ns would be better served by looking at how the City was using money and that essential cervices should come first, Bill Stoneburner stated that he was speaking about the proposed aoross the board out and in particular the cuts to the police department. He was not in favor of e-atting tho COPS program and store fronts for the police departmetre in the Fry Street area, The Fry Street area was working with the Police Department to improve prime in the area Rosemary Rodriguez stated that she support of the proposed budget and in particular the Projeeto Amimtad program, She felt there was a critical need for this program in the eommuni'cy and requested the Council approve the program. Rudy Rodriguez stated that he endorsed the budget. He felt it had been carefully tkljur,ht out and in particular for the Hispanic community. He was Jn favor of the Projecto Amistad, Mayor Miller indicated that he had received comment cards from Fred Bowles who indicated he was in opposition to the civilian ambulance transfer proposal and desired a different type of pay increaser Eddie Woodruff indicated that he was in opposition to tha civilian non-rmergenoy transfer service and supported a pay increase instead of a one time bonus, Thomas Webb indicated he was in opposition to the city ambulance transfer service and supported a pay increase instead of a one time bonus, Jeff Dixon indicated that he was opposed to a civilian ambulance service and supported a pay increaser Mark Mason opposed a civilian ambulance service and supported a better pay increase, Sid Rogers stated that he was a small business man in Denton. His appraisal for his property had increased this year He supported the budget and looked forward to further reductions in future years. He took exception to those who indicated they were not 4r y City of Denton city council minutes August 27, 1996 Page 5 receiving a large enough salary, He was one of the individuals paying that salary, He was a small business with increasing costs, Ken Stout stated that he wanted Council to consider what other Council's had done, The City needed to control traffic in tho arria near Ryan High School, The City needed to not increase staff but to work on roads and traffic. The City needed effective managgament and trim every where possible, The Planning and zoning commission created a problem when it allowed the high school to be built in the area, Martha Guerrea supported the decision for a social worker within the Police Department. That Department needed someone who was bilingual as many people in the community did not speak English. Currently she was teaching Spanish at the Police Department, They could not communicate with Hispanics in community, That individual would help nveryone in the community, Mayor Pro Tom Brock stated that the decision to put Ryan at the present location was made by the School District and not by City. The City could not prevent the DISD from placing schools in locations. Mayor closed the public hearing, Mayor Pro Tens Brook stated that there were Council Members who wanted staff to reduce the budget by 5% across the board and she felt that was taking too much time, Government was services and slowing the growth of government was slowing services, Thera had been a growth of government in the past years with the reopening of Central Fire Department, twelve new fire fighters added, a branch library addor-i, the COPS program started, a now park added to the City, and the city even took on more of the burden of transportation. Even though the tax rate had been reduced because of the half cant,nalea tax, the ad valorem tax rate was reduced 30% in the past three years. Government was growing in the sense of all of those new services. if the City wanted to maintain these services, it could not ask for a 5% across the board reduction, That could be done by opening the swimming pool later and closing it earlier, reducing the number of hours the libraries were open/ reducing one fire fighter, or reducing one police officer. Council Member Krueger stated that he had only asked to look at a 5% out and that he had indicated that he was not referring to reduction in force, in salaries or numbers. There was a misunderstanding on what he had requested. There were ways to lower taxes in the ourro nt budget, Council Member Young stated that in the last three years there had boon a growth of approximately 35k, No one was talking about cutting services. He wanted to slow down the growth of government and felt that the City could go to a 2 cent tax reduction. v, ti City of Denton City Council Minutes AUgUSt 270 1996 Page 6 Council Member Cott stated that part. of the problem was the way the system worked. Councils started programs and then committed the next Council to finish them, This Counail needed to continue to look for reductions but also needed to continue to add services, He felt there were pieces to look hard at in the budget, City Manager Benavides stated that the proposed budget used approximately $1,5 million oil one-time money to pay for reoccurring costs, Soma of those costs did not fully impaot this year, Some of those coasts were salary and some were fire fighters. The bill was due on October lat. That was 7,5 cents on the tax rate, That rate had been accommodated in the proposed budget plus included a one cent reduction, The figures in the budget were rolling forward for the pay increases and the fire fighters, The only items added in this budget were new packages for the fire and police department, Council indicated that they wanted police, fire and streets to be a priority. The proposed budget was fiscally responsible, To say that the budget could be out but not salaries, pencils and paper., and people, did not work, He needed clear direction from Council on how to achieve such substantial cuts without impacting service level, Council Member gales stated that citizens had indicated not to out taxes if it meant a reduction in services, At this point in time he favored the budget presented by the City Manager but he still had an open mind on how to process the budget. it was time for the Council to listen to the citizens on the budget, The Mayor closed public hearing. Following the completion, of the Special Called Session, the Counail convened into a Work Session, PA8SENTi Mayor Millerp Mayor Pro Tom Brooks Council Members geaeley, Bilee, Cott, Krueger, and Young, AHSENTI None 1, The council received information and/or answered any questicne in Tab 7 of the agenda back-up materials in the 1996-97 proposed budget book and give staff direction, (Further budget discussion to take place on September, 3rd and 10th.) Kathy DuBose, Executive Dtreotor for Finance, stated that staff had responded to a request by Council Member Young for an estimate on the extension of Scott Street, Any recommendation as for as streets were concerned would be forwarded to the 196 oversight committee for their review and recommendation, Council Member Young stated that the recommendation for the to purchase the right-of-way for the extension of Scott Street way o put in the budget for consideration. City of Denton City Council, Minutes August 27, 1996 page '7 DuBose replied that any request for street improvements would be forwarded to the 195 Bond oversight committee for consideration and recommendation, council Member Young asked if the committee would be able to supply a recommendation before this budget process was over. DUBOse replied that ie the council allocated money for streets, staff would take any recommendation from that committee on how to spend that money, The Committee would be meeting on September 30th and if Counoil set money aside for streets, it was requested that the committee review the regnest and make a recommendation on how to spend the money, Council Member Young stated that it would not be in this budget. DuBose stated that there were two sources of funding for streets, One was in the Capital Improvement program in which money was set aside for streets on an annual basis. That Committee made recommendations on how to spend that money. Council Member Young stated that the Council could not ask for this to be put in this budget, He wanted this put in this budget for consideration. Council Member Beasley stated that monies were set aside in the CIP for street extension and repair with no particular streets named, She would support having the project go to the CIP Oversight Committee as tha Council did set aside a certain amount of money for that issue, It would be appropriate for the Council to indicate that this was a priority if that was the wish of the Council. Money was available in the bond package but not available in the General Fund budget. Council Member Young asked if the Oversight Committee would be making a recommendation on the $100,000 for the bridge. This project was important for his district. The new street would increase emergency protection and reduce gang problems. Mayor. Pro Tam Brook stated that she respected the opinions of the council members who wanted to cut the tax rate further but the City Manager had originally recommended no reduction in the tax rate itself. Last year there war $1.5 million of one-time funds which were spont on on-going matters such as the fire issue. Now that had to be folded into the regular budget, Some Council Members indicated that they wanted a cut in the tax rate and the City Manager did much figuring for a one cent reduction, That would place Denton below the median in this area. She felt that the city Manager and his staff did responsibly reduce the budget as much as possible and still responded to the wishes of the citizens. She suggested that those council Members who desired more of a reduction of the budget propose specific cuts rather than asking staff to make a 5% across the board out. She requested that this be shifted from a staff effort to a Counoil effort on where to make b City of Denton City Council Minutes ?August 27, 1996 Page a such outs, Council Member Krueger withdrew his request for the 5% reduction, He asked what one penny generated for the budget, Dusose replied that one penny generated approximately 000,000, Council Member Krueger as' ad if last year's budget was based on a 10% fund balance. DuBose replied correct. Cuunoil Member Krueger stated that lust year the budget; came in $1.5 million over that lot. Dusose replied correct and that was the one time expenditures which were budgeted to use in the current year, council Member Krueger asked if the budget would begin at the lob level or be built up to lot during the fiscal year. Dusose r,aplied that any amount over 10% would be used for one-time expenditures. it was recommended to bring the balance down to 10% by using the excess for one-time expenditures. Council Member Krueger stated that on September 30th there would be a fund balance of approximately $3 million. I Dusose replied correct, Council Member Krueger stated that next year there should be the same amount. Dusose replied yes that that was what was budgeted and estimated. Council Member Cott stated that the lot reserve had never been used, The City could go half of that and 5% might work. There would still be reservos and money available, Mayor Miller stated that that would bA the first issue discussed next week when budget discussions began. Council Member Cott requested Council consider funding the seeding of South Lakes park in the budget discussions. Council Member Young stated that when the 5% reduction was proposed, it was to reduce the proposed budget, not current services, One way to do that was place a freeze on hiring and not have the incentive pay but give a A raise in base pay. tnother area of consideration was the non-emergency transfer service. Those were ways he was considering reductions rather than affecting services or decreasing employee salary. No one was talking about cutting each department 4-5t. He wanted to slow the growth of government through reduction of new hires and non-civil service ~v City of Denton city council Minutes August 27, 1996 page 9 transfer service, Mayor Miller stated that Council directed the City Manager to take St out of this budget. That meant staff had to decide where to do that which required staff reductions, eta. That request had been withdrawn and the Council would now work on the proposed budget, Council Member Beasley stated that she would like to know the cost figures of a 3$ raise for employees, Council Member Cott suggested not speaking in public on wages until the Council knew where it was going on the issue, 2. The Council received a report, held a discussion and gave staff direction regarding the Public Utilities Boardis recommendation to prooeod in 1997 with the City Charter required Ten Year Management Study of the utility with emphasis on analyzing the competitiveness of the water, wastewater and electric utilities, Bob Nelson, Executive Director for Utilities stated that the City charter required a management study be done In ten year intervals. The last study was done in October of 1906. The Public Utilities Board looked at some of the issues involved and was proposing to p roceed with the study in 1997 with a focus on competitiveness, There had erebmanysomechanges taking place in the electric industry, There w possibility of operating the ft ater which and wastewater e plantu on ha private basis, Because of the major implications that such a proposal would have on the City's operations, the public Utilities board recommended that that be included in the management study, it was felt that such a study could be started in several months and completed by June of next year. Council Member Young asked if the study would include electric, water and wastewater at same time. Nelson replied correct that the charter required ten year intervals of the utilities which included all of those areas, council member Young asked if three separate studies could be done which would allow for a shorter time frame than doing all three together. Nelson replied that there were many competitive issues involved which would space :.rose the entire span of utility issues. No felt it should be Uone as one study as many of those issues were interrelated, Council Member Young felt that there was a need to do the study but that his recommendation was to have separate studies in 6rder to save time and money. City of Denton City Council Minutes August 27, 1996 Page 10 Mayor Miller asked what was the recommendation of the Public Utilities Board, Nelson replied that the Board recommended that a comprehensive management study be done with a focus on all three issues. Council Member Krueger asked if one firm could do the entire study. Nelson stated that different firms might have to be considered, One major management company would look at the issue on a comprehensive basis and that firm would use smaller units for the individual studies, Council Member Krueger stated that the study would indicate how to manage and operate the system in a more efficient manner. Nelson replied correct. council Member Cott felt that there were three issues, one was the TMPA bonds which had nothing to do with the operating business. There was nothing known about the status of those bonds and he would like some information on those bonds at a future time, Ile suggested having the firms interested in performing the study make presentations to Council. Mayor Miller asked if a request for proposal would meet the Charter provision, City Attorney Prouty stated that the Charter stated that there would be a general management study of all utilities in tan year periods. If those were to be done separate, they would have to be done at the same time. Mayor Miller stated that there wore companies who wanted to privatize the utilities and asked if that would satisfy the Charter provision for a management study. City Attorney Prouty indicated no as the Charter specifically mentioned that the study had to be done, The Charter stated that the study had to be done by a consulting firm or an industrial engineering firm. Council Member Beasley stated t~, he last study was done in 1986 anri felt it was time for another aue to the deregulation of the electric industry. She felt +.here.*as a possibility for a request for proposal but wanted to see : y done first as it would give a good indication of the entire y system, she was in favor of having a management study and i look at the possibility of privatization. Mayor Pro Tom Brock asked Y the procodure would be to have a request for proposal from management consultants or engineering firms which would satisfy the oriteria of the charter. t4 City of Denton city Council Minutes August 27, 1996 Page 11 corre receiv numbeNelson Of different m nagementhengineering firms proposals from a Mayor Pro Tom Brock stated that the second ntago would be to { consider privatization, The firm hired for the management study migght want to supervise and evaluate the requests for proposal which would go out to firms which might want to manage part of the City's utility system. council Member Hiles stated that the City had a new City Manager, a new Municipal Nudge and a new City Attorney all who were directly appointed by council. He felt council should be interested in a management study of the entire organization, There had been discussion on whether the City was being efficient as a government, whether it was being competitive with area cities and whether there might be too many people doing the job of city government, Mayor Miller stated that looking at the total organization made sense but not in the same study as the utility management study, council Member Hiles replied oorreot that he was not suggesting this be an integrated process, Mayor Pro Tom Brock stated that the City had, to a certain extent, a management study each year with the audit report. This study withd hbe very e mandated lstudyhandK~th n dohsothe mething ge similar to for proceed general government area later buf not in the same budget process, City Manager Benavides suggasted that Council take action on this study and then have staff return with figures for a study for the entire organization. Mayor Miller suggested proceeding with the public Utilities Board's recommendation and return to Council on the process. Hiles motionod, Heasley seconded to proceed with a proposal for the total utilities management study with a second issue for a management study of the general government as a budget issue, on roll vote, Beasley nayen, Brock "aye", Cott "nay", Mrueger llayO, Young eaye", Hiles Ilayoll, and Mayor Miller "aye". Motion carried with a 6-1 vote. 3, The Council received a report regarding the Texas Annotated Civil Statute, Artiole 5190,61 Title 83, Section 4A/4B, "Industrial Development salev, and Ilse Tax", and the proposed legislative changes) an overview of a survey of 4A/4B cities; and the uses of sales tax, Betty McKean, Executive Director for Economic Development/Municipal Services, provided Council with a briefing on the enabling legislation surrounding the passage of a 4A 4B sales tax initiative, To be eligible for a 4A sales tax, a city had to be in a county with a population under 500,000 which Denton was, A 4A a as f .li City of, Denton City Council Minutes August 27, 1996 page 12 economic development corporation had a five member board of directors who were not required to be residents of the city, were not required to be property owners, who served a maximum of a 6 year term and served at the pleasure of the city council, The City Council Members were ex-offioio members of Denton's EDC, Major categories of expenditures included business airports, manufacturing and industrial facilities, recycling facilities, distribution centers, small warehouse facilities, enterprise zone projects and related facilities, Some Texas cities wore using 4A sales tax revenues for economic development in the areas of the development of a finance program, small business development center, retention/expansion of local businesses Christmas light program, incubator operations, golf course pro~oct, Main Street program, operation/equipment for local hospital and industry appreciation program, The most focus of the 4A legislation was on industrial development. In particular the purchase of land and development of industrial parks and speo buildings. This also depended on the demands of a particular community, Some Texas Cities were using 4A sales tax revenues for economic development in the area of land purchase, infrastructure, access upgrade or placement, existing building expansion and upgrade and renovation of vacant retail stores. The wording for a 4A ballot wrxs very specific and indicated that the election would be for the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at a given rate. Once a 4A tax was approved by the voters, a city could not ask the voters to later reimpose or extend the 4A tax. one city in Texas had included a time limit for a 4A tax in its ballot wording. In order for a city to meet eligibility for a 4B sales tax, it had to pass one of four criteria. one of the criteria which applied to Denton was a city would be eligible for 4B if it was eligible to adopt a 4A sales tax. A 4B economic development corporation consisted of a seven member board of directors who must be residents or' the city, No more than four members could be city officials or city employees who served a maximum of a two year term. Those members served at the pleasure of the city council. Eligible expenditures were more focused on tourism and entertainment, public improvements, and public facilities. The wording for a 4B ballot was very general with no provision to later broaden the eligible uses of the tax revenues beyond what was listed on the ballot. A city needed to specify each type of project authorized under 4B that might be of interest to the City presently and in the future, The election timeline did not vary for either 4A or 4B, If successful, the tax became effective after one full calendar quarter had passed. The tax was imposed the following quarter and the city received the first revenues from the Comptroller's office the following month. There were special provisions involved with 4A and 413, Under 4A an election was allowed to change the rate of the tax but not under 4B. Under 4A there were provisions to abolish the tax but not under 4B. There was a lot limitation on promotional expenses under 4A but not under 4B. Both 4A and 4B were non-profit, non-member, non-stock corporations and both were 8ubjeet to open meetings and open records acts. Under 4B, projecta owned by the corporation were exempt from property taxation. 4A holdings such as buildings , City of Denton City Council Minutes August 27, 1996 Page 13 or land would be taxable. In order to have a success, the citizens needed to understand how the funds would ultimately do three things expand the industrial tax base to continue to have a stable tax rate, create job opportunities and create community enhancement which improved the citizen's quality of life, council Member Beasl about th legislation in the ne t Legisl tive sessiongsible changes in the McKean stated that it was her understanding that the Legislature would be looking at eliminating the confusion between 4A and 4B. 4, The Council received a report, held a discussion and gave staff direction regarding the Economic Development Corporation's recommendations: A. Composition of a sales tax referendum dedicated solely to 4A Initiatives. B, Process and timing for calling an election for 7anuary 180 1997 under Section 4A/4B of the Texas Annotated Civil Statute, Article 5190.6, Title 83. C, Formation of a sales tax citizen task force made up of 47 members. D. Appointment of ex officio members to the Economic Development 0orporation Of Denton, Inc. Harry Hall, Chairman-ECOnomic Development Corporation, stated that the charge to the EDTC was to study all possibilities of promoting economic development in the city, That charge was completed with a specific recommendation to have an election for a one half cent for a 4A corporation. It was found that 4A offered more flexibility than 48. It was felt that a 413 corporation lent itself to more of a tourism activity and the Committee felt that that was not the main focus for Denton. It was felt that there was a need to increase the tax base as opposed to tourism. There was a need to continue to provide jobs to residents, The recommendation to the Council would be to allow the voters to take this into their hands in January. There were many misconceptions on how to use that money which would create the need for good public relations for the issue. Mayor Miller asked if the recommendation from the EuC was to establish a task force. Hall stated that the EDC was recommending a task force of 47 members which included the selection of five atembers by each Council Member. A large number of members was needed to present the issue to the citizens, Mayor Miller stated that the recommendation would be for a 4A election to be held in January for a one half cent sales tax. n City of Denton City Council Minutes August 27, 1996 Page 14 Mayor Pro Ten Brook asked if the EDC had a recommendation for funding the publicity for the campaign. Hall replied that it would be from private donations. Young motioned, Krueger seconded to follow the recommendations of tho EDC to compose a sales tax referendum dedicated solely to 4A initiatives, to process and time the calling of an election for January la, 1997, and to form and create a charge for a sales tax citizen task force of 47 members. Council Member Beasley stated that the Council would be approving the calling of an election for a sales tax for January lath and to fo;Cm a citizens task force to study the issue and promote the election. Mayor Pro Tom Brook stated that the charge of the task force would be to sell the 4A election. Hall stated that the issue of 4A or 4B and the amount of the tax had boon studied over the last 10 months. There was no need to restudy those points. The purpose of the task force would be to promote the sales tax election. Mayor Pro Tom Brook stated that the task force would be appointed for the specific function of persuading the community to vote for a sales tax in an amount of a h cent, Council Member Boaslay stated that she was concerned about that point, She was concerned that if the committee was charged with only that very narrow perspective that they might not be convinced to do that, She would prefer to open the charge to the task force to make a recommendation on the issue, The task force would have to be convinced in order to sell it to the public. The task force might not be effective if it was not in favor of the sales tax. Hall stated that the EDC recommendation was for a 4A with a ; cent sales tax. The Council could alter that recommendation in any manner, Council Member Beasley stated that her point was that the task force would be asked to go out in the public to sell the concept of the tax and if they had not looked at the options and what to use the money for, they could not sell that issue. She preferred to expand the charge to the sales task force to look at all options and make a recommendation to the Council. Council Member Cott asked why this nee force had different people and a different charge. Many people and now different people would be looking at it, Hall replied that one of the EDC board members recommended using this group in the same manner as the group used on the half cent reduction for the previous elootion, The EDC could have City of Denton City Council Minutes August 27, 1996 Pago 18 recommended people already in favor of this issue but asked Council for suggestions, Council Member Young stated that the CZP committee was large and what made it work was the quality of the people, if the charge to the task force was to make recommendations, it could disrupt the EDC five member board, He felt the job of the task force was to help pass the sales tax, Mayor Miller stated that he agreed with the need to expand the tax bass, There were two segments of economic development in his opinion, one was doing the economic development and getting the work done and the other was the funding issue, The Council had appointed an EDC and the EDC should be going out and promoting the City, Ho was concerned that if the Council indicated that they had already decided that the issue would be 4A and h cent done in January, it would be very difficult for the task force, That was different from other task forces. He felt the Council should proceed with the whole issue of looking at the sales tax referendum with a 27 member committee. The committee should review the information and work with the EDC on 4A but also explore if that was the appropriate way to go. The task force could do that job and remove some of the concerns the citizens now had, People had asked why the rate would have to be one-half cent and specifically how the dollars would be spent, That should be part of the study and part of the recommendations, He hopod that the task force would recommend a referendum to be done in January but it might also be found that there should be a different election date or amount of tax, 'I Hall stated that part of the problem was the original charge to the EDTC and to the EDC, They had assumed that that was what their original charge was, He was concerned by the statement that the people in the EDTC were not a cross sampling of the community. The Council appointed the EDC to do a certain task, Council Member Krueger stated that the Fantus study suggested a 4A half-cent sales tax and the Vision group had the same conclusion, He did not believe a 47 committee was too large, He felt there was a need to move on with the process and to lot the voters speak in January, Council Member Bilea stated that the Business Group of the Vision process incorporated the findings and recommendations of the Fantus study along with some ideas from others, The process was continued by eliminating the former method of appointments to the Economic Development Committee and the Economic Development Transition Committee was formed to further the process, over the last several months he had been upset at all of the issues concerning the EDC and its membership. As a member of the City Council he represented the entiro city and htj had to think about what would be the appropriate process for the City. This process should belong to the people as it would effect the peoplaOs taxes. He felt there was a need to form a sales tax task force with a charge to evaluate l' City of Denton City Council Minutes August 27, 1996 Page 16 4A and 4B. If the had to support citizens hen had to support the election, they or 4B and the amount of the tax, It would be apmaroreiocr a 4A educate the citizens on the issue, The task force needed sthe flexibility to work through the process, Hall asked if this was a work session or was council taking action. Mayor Miller stated that Council was able to give staff dirat,tion and the motion was on giving staff direction, No final action would be taken but Council would direct staff on what to prepare, Mayor Pro TOM Brook stated that even though the council appointed the Economic Development Transition Committee and the Corporation Board, the responsibility was Couneills. Council Member Krueger was hot able to attend the recent Council workshop at which time a decision was made, if the council voted for the motion, they would be back in a rubber stamp mode. The xantus study did indicate that a major source of funding would be a half cent sales tax but it also made other recommendations which were not now considered suoh as a branl image. If a committee was formed just as a marketing team with a very narrow proposal, she was concerned that it would have very little credibility with the voters, she would be more comfortable with the recommendation if a larger committee also looked at the issues, she was also concerned about several aspects of what the marketing team would be marketing. One concern was the amount as there was a possibility of using ono-eighth to one-half cent, There were major land ownrrs in the area who could help develop those sites, she felt Denton had too much to offer to need $4 million per year for incentives, Denton was the kind of community which had a good location, transportation, etc, The cities which had spent these large amounts of money on economic development were cities which were isolated and which had a lot of minuses. Denton did not have those minuses to overcome, she did not like the all or nothing approach. There was a noed to go to the voters with something acceptable to the community. wanted lino Member to develop stated industrial parks a and put people topeorke Some Council Members were not for economic development and would do anything to hold up the process and the EDC, This came from the fact that some Council members did not like come of the members of the EUC. EDC should be doing EDC things and the task force should be the one to sell the sales tat, Pr.,ople in his district wanted jobs and this was needed, Council Member Cott stated that 14-12 months ago the Council decided about economic development with the xantus study and with a Chamber study for developing financing and marketing There appeared to now be a loss of jontrol, He folt the process I should start as the marketing was ccmplete. He felt the EDC should I be given a chance to proceed. A i F City of Denton City Council Minutes August 27, 1996 Page 17 Council Member Beasley stated that she had been on the bond committee and knew that that committee was charged to look at projects to be in the bond issue. There was great discussion and much information gathered. When she asked Mr. Hall about the committee he was proposing, she originally felt the charge was too r;rrow. If the task force did not look at issues and support those issues, they would not be able to convince the voters to vote for it. An election could still be held in January but the charge should not be narrowed down to only a 4A corporation. There was a n"d for a good recommendation for Council to consider and a task force to get behind that recommendation. Hall stated that the difference between the EDC and the bond committee was that the Council had already embraced the fact to sell the bonds. He asked if the council had already endorsed the fact that there was a need for a h sales tax. Mayor Miller stated that he was on the council when the half cent sales tax was passed to reduce ad valorem taxes. Council did not tell them to do it. They suggested a study and requested the committee return with a recommendation. When the committee was formed, the outcome was not known. It was after receiving the recommendation from the committee that the Council was behind the process. Everyone on the Council was in favor of economic development but it was a question of what would succeed. He could not support the recommendation as described by the EDC. Hall stated that the Council had a decision to make. The EDC made a recommendation to the council. The problem was that by law the Council could not have a h cent unless it was directed through an EDC. The Council could and should not act on each issue that came before it like that. Mayor Miller stated that he was not saying that. If the corporation was a 4A or 4B or a combination, the funds would go to that corporation. Hall felt that the EDC had done a job and had presented a recommendation to the Council. Mayor Miller stated that the EDC replaced the advisory board with the Chamber. All of those tasks still needed to be done and the EDC should be out selling the City which was an important role. The council was being asked to fund $200,000 for the EDC for the upcoming year without a sales tax. There was a fundamental difference on how to go about funding the process of economic development. Council Member Cott felt that the problem was the Council's managing of the process from the beginning. Council Member Young asked if the EDC would have to be changed from a 4A under the State charter. r I City of Denton City Council Minutes August 27, 1996 Page 18 City Attorney Prouty stated that if the recommendation was for a 4B and there was a 4B election, a 48 corporation would have to be formed. Council Member Biles called the question. Mayor Miller stated that the motion was to provide information for Council for a composition of a sales tax referendum dedicated solely to 4A initiatives for one-half cent sales tax, to call an election on January 18, 1997 and to form a sales tax citizens task force made of 47 members whose purpose would be to promote the referendum. On roll vote, Beasley "nay", Brock "nayll, Cott "aye", Krueger "aye", Young "aye", Biles "nay", and Mayor Miller "nay". Motion failed with a 3-4 vote. Biles motioned, Beasley seconled to direct staff to prepare appropriate resolutions to form a committee. The committee would be charged with considering all of the information provided by the Economic Development Corporation Board of Directors. The committee would study the 4A and 4B sales tax options; would make a recommendation on the rate of tax whether an eighth, a quarter, three-eights, or a half; and would prepare and submit a written report to City Council no later than Tuesday, October 29th. That was nine weeks which allowed for two weeks after that for Council action and City Attorney action in order to meet the 60 day preclearance from the Justice Department for a mid-January election. The committee would be composed of 33 members. One •;f the original thirtean members on the committee did not care to serve. The original twelve members would be automatically appointed and each Council Member would then make 3 appointments. If any of the original 12 did not want to serve, they would be appointed by Council as a whole. Harry Hall would chair the committee. Council Member Krueger asked why a specific date for the election was included. Council Member Biles stated that there was not specific election date but rather a time to submit a written report. On roll vote, Beasley "aye", Brock "aye", Cott "aya", Krueger "aye", Young "nay", Biles "aye", and Mayor Miller "aye". Motion carried with a 6-1 vote. Mayor Miller indicated that appointments to the task force would be made at the next meeting by council. D. Appointment of ex officio members to the Economic Development Corporation of Denton, Inc. Mayor Miller indicated that there was a recommendation from the EDC to appoint Ted Benavides, Chuck Carpenter, Fred Gossett, and Bill City of Denton City Council Minutes August 27, 1996 Pag.3 19 Patterson as ex-officio members. Biles motioned, Beasley seconded to approve the nominations. On roll vote, Beasley "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 5. The Council received a report and held a discussion regarding a performance report from the Economic Development Corporation of Denton, Inc. This item was not considered. 6. The Council received a report, held a discussion and gave staff direction regarding the Economic Development Corporation of Denton, Inc.'s proposed FY 96/97 budget. Mayor Miller indicated that the City was going to fund the Economic Development Corporation for the next fiscal year regardless of what happened with the sales tax. The EDC had prepared a proposed budget. This item would be presented by the EDC and the Council would consider it with the rest of the budget deliberations. Harry Hall stated that the administration fees would be used by the EDC for education and regular supplies to run the company during the next year. The remainder would be contracted services for basic functions to continue to promote Denton. Co,incil Member Beasley questioned the amount allocated for two prospect development visits and felt it was a large amount of money. Hall stated that those would be corpor:ts headquarter visits and included business retention meetings with local businesses. Mayor Miller indicated that the request was for $197,000 which would be an item included in the budget discussions. Hall stated that the beginning balance would be a carryover balance of $35,000 which would probably be reduced by consulting fees in the next month. The EDC would be asking for a more precise figure than that. 7. The following action was taken on Closed Meeting Items: Biles motioned, Young seconded 1:o direct the city Attorney to take action with regard to the Cox case as discussed in Executive Session. On roll vote, Beasley "aye", Brock "aye+l, Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. With no further business, the meeting was adjourned 11:20 p.m. t b r F r, City of Denton city council minutes August 27, 1996 Page 20 JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ' ACC00338 i r 2 s. . A00da No. •Q C'S" agenda Item Oate~ CITY Of DENTON,, TEXAS MUNICIPAL BUILDING • 215 E McKINNEY • DENTON, TEXAS 76201 (817) 566.8200 • DfW METRO 434.2529 MEMORANDUM DATE: October 27, 1996 / T0: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Public Hearing on Park Land Exchange RECOMMENDATION: Hold a public hearing regarding the conveyance of 13.06 acres more or less being , South Lakes Park, to the Denton Independent School District (DISD) for theconstrucpotion of a { middle school and related improvements. SUMMARY: By resolution passed on October 1, 19961 the City Council directed staff to place this item en the November 5, 1996, agenda. BACKGROUND: The City of Denton and the DISD wish to facilitate the development of DISD's third middle school, parking, recreational and related improvements on a 13.06 acre tract of land in the northwest corner of South Lakes Park (Exhibit I). State law requires that the City shall receive land of equal value from DISD in exchange for the 13.06 acres of park land. DISD has proposed to convey to the City a 5.105 acre tract of land adjacent to Evers Park (Exhibit 2) in exchange. An independent fee appraisal has established equal values for both tracts. "Dedicated to Quality Senice" . F State law requires that prior to the exchange, a public hearing shall be held, after which the City Council must determine that there is no feasible or prudent alternative for the use or taking of park land, and that all reasonable planning has been exercised to minimize harm to the park. In accordance with State law, the hearing was noticed in the Denton Record Chronicle October 6th, 13th, 20th and 27th. Final City Council action on the proposed exchange has been scheduled for the November 19th regular session (Exhibit 3). PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: I I Denton Independent School District. FISCAL IMPACT: No impact. RESPECTFULLY SUBMITTED: Ted Benavides,/[Ctiitty Manager Prepared by: Ed Hodney, Director Parks and Recreatio epartment App ed: etty Mc ear,)fVc utive Director Municipal Se s/Economic Development 1032 Page 2 0 F Exhibit 1 curve f s Ikt*% ISO EVEAS Pfife ' ''.;Nllf{rylf0 2I• a1 rs r V aloe .1 ~3 ro.r • C111 OR OENTON 1iB'as'Oa' VU a!'O1' top is .11x/1 0033+a @t~rl I..fiM~! ; i Oa'• ! E Tllivs Vol, 1K 111.412 ufsl Its yai90E104379 f ra<el+I3. 9% =n 3 /p Ac. R 8 w r ~ w e6~ r 1'~ .gyp 4 rrrlooa . f uPtfia' •V • igsspp ~ w \ kr afSOOf „ S ~arw1tl301'a ~.~f i.f tf Q AMC; I ~ ~ N I I' 1i ti E+fsc.hr'.;t1aa VOL Ci r 1 11,„ ! • Rr11~ b Oa / S M *17 Ac. pip C1 pfd nr9. . r . 7 w ft•1fo~ I+ O vd VA y w.•r1!►~' 11111.11 1.111.14 OIL 4 1116-05,15W (110~ J, u1,t R 9 to .a 1 to 4w 411r'oojo kfy L .1.1 1 1.'I•' ~4 Oe C' A4 004 1' SZI r L'AR. 1i►. .4 10% 'b. 6 'c 3 3 1 c 2 Exhibit 2 J I ~ rtrr Serve f ' ' \ lDf 1, eLDGK D O 1 TEA'AtY VAU WDR{N VI -I ~Gr 14w%r i I . ~iW Orr ' ` WJ/r »R <Coe, } ft~L,Lr LLLU afos - ~ l O N D 0 N_D E R R Y 01 L1 lDi t • L O c 4 t V R+T. Cr YJ.L f'rVlY.ll LO , La t ~7 VD J."10 J•+. ~ . .a 1.A•-1. I LttL I r 1 e r, i L N 89'55'51' E 852.42 ` L / b e I b Ae. 1r. I I ~ ,Dp7 , 13.060 Acres rK CO. Yr, fSo i 3 1 w ~ rS bL I $ o b Z o {r S 89'55450" w 852.92 taro tf~ Wl I r life Pic LU4,01i1o JAI rl ' JrrLn "a •JNQI •rr .q Hqr W`, 4 a F r~l Y Exhibit 3 Exchange of 13.06 Acres (City) and 5.105 Acres (DISD) Event Date 1. Parks Board review of December 1995 to present DISD proposal 2. Public review of proposal January 11, 1996 initiated 3. City Council briefing on February 13, 1996 proposal 4. DISD Bond Election May 4, 1996 5. Planning and Zoning Commission September 11, 1996 approval of zoning for South Lakes Park Tract 6. City Council Executive Session September 24, 1996 review of land issues 7. City Council considera:ion of October 1, 1996 zoning recommendar; l 8. Council approves resolution, October t, 1996 calling for public hearing ou sale of park land 9. Request Texas Parks and October 10, 1996 Wildlife Department approval of park land conversion 10. Park Board final approval October 21, 1996 of sale/exchange 11. City Council public hearinz M November 5, 1996 sale of land 12. Planning and Zoning Commission November 13, 1996 approves sale/exchange 13. Council approval of sale/exchange November 19, 1996 5 s t Y 14. D1SD Board approves purchase of November 26, 1996 exchange tract and conveys tract to City IS. DISD solicits bids on project November/December 1996 16. Construction phase January 1997-August 1998 i 6 3 F r Agenda ►Vv.,,,~;»~ O y~ Agenda Item bale~-9(o CITY COUNCIL REPORT FORMAT DATE: October 16, 1996 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: Amendment to section 34-115 of the Code of Ordinances concerning access to arterial and collector streets RECOMMENDATION: Planning and Zoning Commission recommends adoption of the proposed ordinance SUMMARY/BACKGROUND: The proposed amendment to Section 34-115 will allow for the construction of circular driveways accessing arterials and collector streets for existing single family and two family lots in accordance with the proposed appendices A-8 and A- 9. Circular drives are currently not permitted for single family and two family lots on collector and arterial streets. The proposed ordinance requires 70' minimum frontage to make recommended driveway geometry standards work. This amendment would allow foi safer movements for older platted lots. Staff suggested this amendment in response to requests by property owners. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED Engineering and Transportation Department Home Builders FISCAL IMPACT The ordinance amendment will have no direct fiscal impact. 1 RESPECTFULLY SUBMITTED: e es City Manager Prepared by: \ G av a mon Senior Civil Engineer Approved: A CA Jerry C s ~C. Director of En eering & Transportation AEE00767 i M Y } Y J:\NP000S\0R0WITICLELAM ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ARTICLE III ENTITLED "REQUIRED IMPROVEMENTS AND GENERAL DESIGN STANDARDS" OF THE SUBDIVISION AND LAND DEVELOPMENT CHAPTER OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS, BY AMENDING SECTION 34-115 RELATING TO ACCESS TO ARTERIAL AND COLLECTOR STREETS; BY ADOPTING APPENDIX A-B AND APPENDIX A-9 RELATING TO CIRCULAR DRIVES ON SINGLE AND TWO-FAMILY LOTS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENA"jiY NOT TO EXCEED $500.00 (FIVE HUNDRED DOLLARS) FOR A VIOLATION 01' THIS ORDINANCE; AND DECLARING AN EFFECTIVE DATE. THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Subsection (d) of Section 34-115 of the Code of Ordinances of the City of Denton, Texas, is hereby amended to read as follows: (d) access to arterial streets. The requirements for access to arterial streets shall be as follows: (1) Purpose. The access regulations of this subsection are adopted in recognition that primary and secondary arterial streets are designed and intended to be used as major routes carrying high volumes of traffic. Each driveway access allowed to an arterial street will necessarily interfere with the function of those streets. This subsection, therefore is adopted for the purpose of preserving and enhancing the traffic capacity of arterial streets by strictly limiting direct driveway access to those streets. (2) Access criteria. Driveway access to a primary or secondary arterial street shall be governed by the following criteria: a. Access to any arterial street shall not be allowed unless there is no other reasonable means of providing safe and adequate access to the property. b. Developments and residential subdivisions shall be required to provide a public marginal parallel access street, alley or private parallel access drive to serve the development or individual lots fronting the arterial street, unless the requirement would make the property wholly useless for any permitted use as zoned. C. No development shall be allowed access to an arterial street if property excluded from the development plans could have reasonably been used to provide adequate alternative access. 2 ~T 4 d. Any property previously subdivided in violation of state law or city ordinance shall not be allowed access to any arterial street, if other access could have been provided except for such unappro%ed subdivision of the property. e. Existing single-family and two-family lots not developed in accordance with paragraph b of this section may be developed with a circular drive constructed in accordance with Appendix A-8 and Appendix A-9. Such driveways must be at least 50 feet from any intersection measured from the right-of-way line and must be at least 10 feet away from any adjacent driveway measured between radius. The circular drives shall not be designed such that a connection from a residential to an arterial street is created. (3) Access standards. When driveway access to an arterial street is the only reasonable means of providing safe and adequate access to the property as determined in accordance with this section, the following standards shall apply: a. Commercial 1. Only one (1) driveway per property shall be permitted, unless all of the following conditions are met: I . The applicant submits a traffic engineering study performed in accordance with accepted professional traffic engineering standards as determined by the city engineer, clearly showing that the traffic for the single permitted driveway would exceed five thousand (5,000) trips per day or five hundred (500) trips per hour during peak hour use; ii. Permitting the additional driveway would not violate driveway separation or corner clearance standards; and iii. The need for each additional driveway would substantially outweigh any traffic problems or hazards created on the arterial street by allowing the additional driveway. 2. The driveway shall, whenever possible, be required to be located and designed so as to provide joint or shared access with adjoining properties. Page 2 3 r a E ` 36 The development which is allowed access shall be required to pay for, design or provide, at no cost to the city, all traffic-control signs, equipment, structures, devices or improvements which are reasonably necessary to minimize the effect of the additional access allowed or to provide for the safe movement of traffic or pedestrians. b. Residential only one (1) driveway per lot shall be permitted, except that a circular drive constructed in accordance with Appendix A-8 and Appendix A-9 and meeting the applicable corner clearance and separation standards may be permitted. • SECTION II. That Subsection (e) of Section 34-115 shall be amended to read as follows: (e) Access to collector streets. The requirements for access to collector streets shall be as follows: (1) commercial, industrial and multi-family properties fronting on collector streets shall be allowed one (1) driveway for each seventy-five (75) feet of frontage on one (1) street, provided that each driveway would meet the separation and corner clearance requirements of this section. The driveway shall, whenever possible, be required to be located and designed so as to provide joint or shared access with adjoining properties. (2) Single and two-family residential developments shall be designed so that lots do not require driveway access to existing or proposed collector streets. If the shape or size of the property is such that the lots cannot be designed to avoid driveway access to a collector street, driveway access may be designed in accordance with the requirements for existing single family and two family lots. (3) Existing single-family and two-family lots may be developed with a standard residential driveway or a circular drive constructed in accordance with Appendix A- 8 and Appendix A-9. Such driveways must be at Bast 50 feet from any intersection measured from the right-of-way line and must be at least 10 feet away from any adjacent driveway measured between radius. The circular drives shall not be designed such that a connection from a residential to a collector street is created. Page 3 4 f f SECTION III. That Appendices A-S and A-9 as referenced herein, are adopted as part of the regulations and requirements of this ordinance, as though fully incorporated herein. r SECTION IV. That if any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this ordinance are severable. SECTION V. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding Five Hundred Dollars ($500.00). Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION VI. That ail provisions of the ordinances of the City of Denton in conflict with the provisions of this ordinance are hereby repealed, and all other provisions of the ordinances of the City of Denton, not in conflict with the provisions of this ordinance, shall remain in full force and effect. SECTION VII. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the day of 1996, JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRCUTY, CITY ATTORNEY ~j BY: i 'C1Z(f 4xVag 4 5 s a NO1TiS TNESE REQIMNMIM APPLY TO CRICULAR DRKWAYS ON ARTERIAL AND COLLECTOR STREETS. DRKWAYS MUST MTTERSECT THE STIIET At AN AMU OF V TO 15'. = i MIN a ~I I: ~ I ~yy ~ ai I d ~y► d. off-- 5' 10' 10' l0' S' I MAX MIN MA I 70 MIN. GEOMETRIC REQUIREMENTS CIRCULAR DRIVEWAYS DENTON, TEXAS FIGURE 1A T TI fit NOTES: THESE REOUMtIlm APPLY TO CIRCULAR DOEYTAYS ON AAMK AND COLLECTOR STREETS. ORKWAYS MUST INTEk3ECT THE STREET AT AN MW Of I5' TO IF. I 115' F =i MIN i Z ~I. 17 'f'ij,'p 9 ~b,T. n 10 its r 10' 10' 10' S' MIN MAX MIN MAX MIN 70' MIN GEOMETRIC REQUIREMENTS CIRCULAR DRIVEWAYS DENTON, TEXAS - FIGURE 'I 7 6r/ a F s MEMORANDUM DATE: June 3, 1996 TO: Planning and Zoning Commission FROM: David Salmon, P.E. Senior Civil Engineer SUBJECT: Amendment to Section 34-115 of the Code of concerning residential circular driveway standards In December of 1995, the Traffic Safety Commission recommended changes to Section 34-115 of the Code of Ordinances specifically in reference to circular driveways for single and two family residential lots. Since that time, the City's legal department has prepared a draft ordinance which has been reviewed by Traffic Safety Commission. TSC made no comments on the draft ordinance. As is customary, the Planning and Zoning Commission will hold a public hearing on the draft ordinance as recommended by TSC and staff and will make a recommendation to City Council. A final draft will be prepared prior to Council action. The current ordinance does not allow single family or two family i homes to have a circular drive on a collector or arterial street. The current ordinance does not allow subdivisions to be designed such that residential lots would have exclusive frontage on a collector or arterial street, however, there are many existing residential lots and undeveloped properties in the city that do. In theory, collector streets and arterials are designed to carry larger amounts of traffic. Each driveway acts as an impediment to through traffic, so limiting the number of drives helps maintain a smooth traffic flow. However, where there are existing single or two family residential uses on a collector or arterial, allowing only one drive creates a situation where residents have to back into these busy streets. A well designed circular drive allows residents to enter the street head first which is much safer and creates less of a traffic conflict than backing. In these instances, the additional drive can actually help maintain good traffic flow. AZZ00769 r k f } Amendment to Section 34-115 of the Code of ordinances concerning residential circular driveway standards page 2 of 2 i The proposed ordinance still requires proper subdivision design; however in situations where single or two family properties exist on collectors or arterials, a circular drive could be permiteed as long as it was designed in accordance with the recommended standards (see attached appendix diagrams). Staff is also recommending another change to this section of the ordinance concerning driveway access to arterials being designated by plat. The current ordinance requires that any property being platted which has frontage on an arterial and plans to take access to that arterial must show that access point or points on the preliminary plat document. This is good in overall planning; however, a problem is created when the proposed access does not conform to the requirements of Article 34-115. The preliminary plat may not be approved by Planning and Zoning unless TSC has alrsady granted a variance for the non conforming driveway or driveways. As TSC typically only meets once per month, a plat can be delayed up to a month if a driveway variance is being sought. Many developers show access points on the preliminary plat that are in compliance with Section 34-115 and then later, after the plat is approved or sometime many years later, apply for a variance anyway. Staff does not feel there is a value to showing drives on a preliminary plat and in some instances hinders timely development. The proposed ordinance simply removes that requirement. Under the proposed ordinance, if a developer determines that a variance for a driveway is necessary, the platting procedure may continue in the normal time frame and the driveway variance may be handled through TSC independent of the plat. Recommended Kotions I move that we recommend to City Council, amendments to Section 34- 115 of the Code of ordinances as recommended by staff and the Traffic Safety Commission. i Davi Sal on I ASE00769 C1 - i s P&Z Minutes June 12, 1996 Page 19 Drive. Now the drainage system is complete and that shouldn't happen again. In addition to that Rick Moore did make an agreement with the neighborhood about putting up a retaining wall along the backside. That was a private agreement between Mr. Moore and the neighbors. Rick Moore did indicate to me that he was going to put a retaining wall along the back as well as a fence. I have no idea how much of that has been constructed. Mr. Robbins: The subdivision is platted so the public drainage improvements are either built or are going to be built according to regulations. The wall that might be associated with this zoning detailed plan is not on the plan so there is no change in that issue. It is not a requirement of the detailed plan. Mr. Ingram: Mr. Moore said that the reason he put that wall up was that he was working in conjunction with the city engineer and that he would put that up in lieu of the plan that we originally talked about. Mr. Suisa: Given these changes, how will it affect the size of the buildings? I Mr. Robbins: He can build them any size. Ms. Terry Roberts: My name is Terry Roberts and I live at 1112 Indian Ridge. Did you say that he could build a house any size? Mr. Robbins: The zoning does not speak to the size of the homes, but I think that Mr. Moore had a minimum squares footage in his deed restrictions. The city can't enforce those deed restrictions. Ms. Russell: Is there anyone else to speak in opposition? Are there any final remarks? We will close the public hearing. Mr. Cochran: I move that we recommend approval of the proposed minor amendments to Planned Development 155. Ms. Schertz: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) 11X. Hold a public hearing and consider amendments to chapter 34, Subdivision and Land Development of the Code of Ordinances concerning circular driveways for single-family and two-family uses and designation of access to an arterial by plat. Ms. Russell opened the public hearing. Mr. Salmon: This is a two pronged ordinance amendment. The first change is to establish circular driveways on arterial and collector streets for single family and two family residences. In December of 1995 the Traffic Safety Commission recommended changes in the current Code of Ordinances, specifically in relation to those items. A draft ordinance was prepared based on those Traffic Safety Commission recommendations. They have reviewed the draft ordinance that you have in front of you tonight and did not make any changes to it. After you take action of this tonight then a final draft rO R' , 1. 4 1. P&Z Minutes June 12, 1996 Page 20 ordinance will be prepared and forwarded to City Council. Our current ordinance does not allow single family or two family residences to have circular drives on a collector or arterial street. Currently our ordinance does not allow subdivisions to be designed such that a lot would have exclusive access on a collector or arterial street. We have many neighborhoods in town where we do have existing single and two family residential lots that have exclusive frontage to a collector or arterial street. This proposed ordinance does not change our subdivision standards in terms of subdivision design. We are dealing with existing properties in this ordinance amendment. As a general rule the more driveways that you have on an a street the more congestion or interference you have with the through traffic. Collector and arterial streets are there to move traffic, their main function is not to provide access to individual properties unless of course it is a large commercial type of property and then you would want it to have an access. However, knowing that we have many existing lots that are residential in nature on these types of streets we need to insure that we do have the safest type of access in those instances. We have ordinances that require commercial developments to have circulation such that when you come back out on the street you are faced head out, however as you know, with two family and single family homes most of the time people have not designed their circulation to be able to come out head first. Most of the time you back out of your driveway from a single family or two family home. When you have to back out onto a collector or arterial street, which could be a very busy street, it creates a dangerous situation. The danger that you have by having too many driveways on a collector or arterial street is actually offset by the fact that you would have people backing out. Staff has agreed that in these instances with single family and two family homes the circular driveway and allowing people to come out head first is much less of a concern than people having to back out. Danny Cummings, who is with Cummings and Pewitt, a traffic engineering consulting firm, put together some diagrams for us that we would propose to include in the ordinance amendment. It gives us a couple of different geometrical options for the construction of circular drives. We want the driveways to be such that you can only have one car coming in or out at a time and that is why they are only ten feet wide. However, we want to provide enough space once you get back on the property for someone to actually park and still have another car drive through. Thas is why the driveway widens out once it gets past the property line. We have provided for minimum radius so that a vehicle can pull off of the street without having to swing out into the oncoming lane:; and can also move off of the street more quickly instead of having to come to a stop before they turn in. These standards are very consistent with what other cities do. We would propose that these two diagrams be incorporated into this ordinance amendment so that people who are looking at our ordinance, developer and builders, have a visual idea of what we are talking about. One thing that isn't shown on these drawings but is an aspect of this change is that this ordinance would not allow a circular drive to connect an arterial or collector street with a local street. You will notice in the draft ordinance that I have added "two family." The draft ordinance came out just saying existing single family lots and we meant it to say existing single family and two family lots, so that is one of the things that would be changed in the final format before it goes to City Council. Mr. Cochran: What is the advantage to the community of allowing this, over just requiring the individual to have a place to turn around their car, which would seem to me to be a cheaper solution to the problem? Is there any material advantage to this other than just one space where you can turn your car around. Mr. Salmon: Currently you can do that on many properties, unfortunately with some of the smaller lot zoning districts you don't have enough room to do that. That may be an easy thing to do on a SF- I I P&Z Minutes June 12, 1996 Page 21 16 lot, but if you are talking about a SP-7 lot it may not be as easy to do. Mr. Cochran: A lot of the older lots are fifty feet wide and not seventy feet wide. Mr. Salmon: There are many old lots that are fifty feet wide. Another aspect of this is that if the lot is too narrow then you still can't have a circular drive and that is simply because you can't get a circular drive on a fifty foot lot and have a radius large enough to turn a car around. This does apply to existing lots on existing streets. The intention is not to allow new lots to be in a situation where they have to have their access on an arterial or collector street. Mr. Cochran: I am concerned about the green scape and this could become problem if the front yards become a front yard parking lot. 1 can see some other areas in the community where this might become a problem. Mr. Salmon: One of the issues that you run into, we have advocated areas where people would be able to turn around on the site and come out of their single driveway head first, which if you have room in the backyard to do that it's nice. Sometimes people might even choose to do that in the front yard though. Mr. Cochran: Is it possible to get a variance for this? Mr. Salmon: Yes it is. They are almost always a five point criteria which means there needs to be an unusual physical circumstance on the property that would make it undesirable, or nearly impossible to have it with just a single driveway, or some major safety issue associated with the topography which most the time isn't really the case. Ms. Russell: I wonder if we are dealing with economic issues. If you have room in your backyard to do a turn around, it would seem to me that it would take less concrete to do that rather than doing a circular drive. 1 would think that if you had the room to do it, that you would do the more economical thing in the backyard. Ms. Schertz: There has only been two times that I came before Planning & Zoning before 1 was a commissioner, and both times it was for a circular driveway. 1 won one time and lost the other time. The only time that I have ever seen them make an exception within the last three or four years is where a family member is wheelchair bound or if it was a safety or health reason then I have seen the Commission make an exception. 1 totally agree that from a practical point of view you will never put a circular driveway in. People with a smaller house will not be able to justify the expense of a circular driveway. I am real happy to we that the staff was including that fifteen foot minimum so that people can park and still pass. I think circular driveways have a real benefit because it keeps people from parking on the street. Mr. Salmon: You can almost always have a circular drive on a local street. Mr. Powell: Concrete can be flatwork and it can be put anywhere on a lot without a permit. It is a lot cheaper to do the flatwork as opposed to getting a permit for a curb cut. It is costly and time consuming to do a curb cut. I am glad to see this. If you are worried about front yard parking, it is legitimate today and you can do it without a permit. Concrete lot line to lot line is legal as long 12 1 3 P&Z Minutes June 12, 1996 Page 22 as it is not a foundation. I assume that this applies only to seventy foot lots and wider? Mr. Salmon: Correct, otherwise it would be impossible to meet this minimum geometry. Mr. Cochran: What I am concerned about is that since it is specifically designed for existing neighborhoods, neighborhoods that were designed without this, we could very possibly be opening the door for some more intensive things to happen there that may or may not be desirable for the community. The only case that 1 can recall is the Bell Ave. case and the only reason that they wanted a circular drive was so that they could develop the property more intensively in a single family neighborhood. That is what concerns me. I can't gee that we will benefiting a large number of our citizens if we promote something like this. Mr. Powell: 1 think there is a safety issue and we see it best on Bell Ave and Oak Street. When those streets were designed backing out was not a traffic hazard. Today with the traffic on Bell and Oak and Hickory, backing out has become a health and safety hazard. That is why I am assuming that this is before us today. Mr. Cochran: That is a good point, but that is not their only option. There is a less intensive, cheaper way to achieve that same goal and that is to just have a little turnaround in there that is going to be smaller, less concrete, cheaper, and more efficient and not have the effect on the street scape. It would solve the same problem. I can't see who this is really going to benefit. Mr. Jones: Even though there is a turnaround, and I am speaking from experience because I live on the comer and I do have a turnaround but probably eight out of ten time I will back into the street because it is just easier. The fact that 1 have plenty of room I still don't do it. If I had a circular drive then I would probably just go on through. Mr. Cochran: Unless it is used as a parking lot and you won't be able to go on through. Mr. Salmon: There is another part of this ordinance amendment. Currently our subdivision ordinance requires that developers show their driveway access on their preliminary plat document if they are going to have access on an arterial street. It is a good thing to do but there is a time frame problem because P&Z meets twice a month and the Traffic Safety Commission meets once a month. If the developer wants a variance then he has to put his plat on hold, sometimes that can be as long as a month, he has to go to the Traffic Safety Commission and get their decision and then bring his plat to P&Z. They can ask for a driveway variance any time. Practically speaking that particular requirement in our ordinance doesn't do what it was originally designed to do and in most instances it causes the developer to delay his development by as much as a month. By removing this what we can do is to go ahead and process the plat document in the normal time frame and the developer can deal with the driveway issue with the Traffic Safety Commission separate of the platting. They can be happening at the same time and nothing gets held up. Ms. Russell: Is there anyone to speak in favor of the petition? Is there anyone to speak in opposition to the petition? We will close the public hearing. Are there any final comments? Mr. Salmon: Staff and the Traffic Safety Commission is recommending these amendments. 13 :f F e.1 P&Z Minutes June 12, 1996 Page 23 Mr. Powell: I move that we recommend to City Council amendments to Section 34-115 of the Cale of Ordinances recommended by staff and the Traffic Safety Commission. Mr. Moreno: I'll second. I Mr. Cochran: Would you accept the amendment to remove the two family and duplexes? Ms. Russell: Do we have a second to the amendment? The amendment dies for lack of a second. Any discussion? All in favor of the motion as stated please raise your right hand. Opposed same sign. Approved. (6-1) Mr. Cochran opposed. X. Consider removal of protected trees in conjunction with reconstructic*i of the Mingo Road/Old North Road intersection. Mr. Salmon: The % Committee, who was the oversight committee for the old 1986 bond election, recommended that we use some interest money that was left over from the previous bond issue to realign the intersection of Old North Road and Mingo Road. We negotiated right-of-way without any additional cost. There are three protected trees in that fence line. The actual road will not go into the protected trees but because it is going to be a twenty-four foot wide rural road with barrow ditches, the barrow ditches will have to be relocated and they will be in line with two of the trees, a twenty inch mulberry and a sixteen inch hackberry tree. There is a double eighteen inch mulberry tree that we feel has a good chance of being saved. I am going to as'% you for permission to remove that tree also in the event that when we get out there we cannot save the tree. Staff is recommending that the two trees be removed and that the double eighteen inch mulberry be removed only if absolutely necessary. Mr. Jones: What makes it a protected tree? I Mr. Salmon: Any tree that is larger than ten inches is a protected tree. Ms. Flemming: I come that way daily and I would recommend removal of all of those trees. Mr. Salmon: As a rule we do try to save large trees and we go out of our way sometimes to design things around them, In this particular instance die double eighteen inch mulberry is a very healthy tree that we think can be save without a lot of difficulty. It may be a case where we do need to remove it. It does cost the city to have trees of this size removed. Ms Schertz: I move that the sixteen inch hackberry tree and the twenty inch mulberry tree at tha intersection of Old North Road and Mingo Road be removed in conjunction with the realignment of the intersection, and only if absolutely necessary the double eighteen inch mulberry tree at that location be removed also. Mr. Powell: Second. Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign. Approved. (7-0) rQ r R MINUTES Traffic Safety Commission December 4th, 1995 Work Session SS15 P.M- - Civil Defense Room General session 6900 P.M. - Council Chambers PRESENTS Kathy Devine, Mark Coomes, Jim Hobdy, Carolyn Bacon, Brenda Minnie and Larry Luce STAFFS Jerry Clark, Officer Craig, and Lois Scobse CONSULTANTS Dannie Cummings ITZM 1 WORK 38S920N: Clark opened the discussion. He said attached is information on the revised standards. Cj=Lngs said all that was left is to place some dimensions on the circular driveways, and develop a second one showing for example, a mils access to a garage. That's what figure A represents. Another Logue addressed was to maintain a 10 toot distance between driveways. Notice that middle dimension above the 70 feet above the full width of the property. So, when you talk about distances between driveways, you are talking about from a radius Foint to a radius point. With these criteria in mind, to maintain 10 feet between driveways on property and those of ad'acent property owners, this is what you would need to have and what is recem nded for collector and arterials, not necessarily for residential. A lot of residential lot areas don't have lot widths. Devine said last time the commission decided they didn't need standards for residential because they don't have these problems. This would be for aollectora and arterials. Clark said again, they are minimums. Devine asked Phillips if he had any concerns on entrances to garagr.s. Phillips said that would work. Devine said who the commission needs to decide is if this needs to be brought back at a formal session and propose it as an ordinance. It would then go in as a proposed standard so people won't have to cone to this committee if they meet these standards. If the commission wants to do this, standards are enclosed as to what needs to be in those standards, i.e., corner lots, etc. ab uo tnthatalastntime. Justtlookingcorner ato a acollectorr and commission arterial talked with those spoods in mind, realistically a minimum distance from a side street to a driveway shouldn't be any less than 50 foot. This keeps the corner open because of site distance. K t allowing them on a corner lot might be appropriate because he's not sure that you could place o it you had a limit of 50 foot. Devine said that was picked up in the notes last time, and also not to have one from a collector to a residential street. Clark said staff will get those sunwarized. Devine said the main issue she picked up is that it's safer if certain guidelines are followed. In order to do that, you need a certain radius and it needs to be perpendicular to the street. If it meets 0 i i Traffic Safety Minutes December 95 Page 2 those criteria, then the owner has the option of being safer, since the commission can't require them to build parking out front because of the way an area is aesthetically designed. Cummings agreed. Devine said the disadvantages are you end up putting in an extra driveway which makes it 19L.3 safe. Cummings said less safe in the fact that you do have additiccsl access. But, with what it offers it certainly offsets that minx%al increase. Devine said staff's point of view is if they can't not it up within this criteria, then what they are proposing is less safe for the rest of the community.. So, in order to offset the decrease In safety, they need to follow this criteria. If thoy can do that, than it becomes more safe and more comfortable with it. Cummings agreed. ' Devine asked the commission if they wanted to consider standards or do they want each petitioner to come to the commission with whatever they have. Bacon said it's good to have standards. Exceptions would have to be considered. Devine said that's the first thing to decide. If the commission doesn't want standards, then they can move onto the next item. Coomes asked if this property line is 70 feet or more, then the standards could be met. Is that right? If they wanted a 69 foot frontage, they would have to come to TSC. Devine said yes. The only thing this would do is if people meet the criteria they wouldn't have to come to TSC. Clark said it is streamlining. Coomes said you couldn't hardly do this at Isms than 70 foot. Hobdy said it would be better for everybody to have some direction when they first start construction. If they wz.~ a variance, so be it. Phillips asked, how would this work on a corner lot? Clark said you would need 120 feet. The thing that would be nice is that the developes would be able to see this when they start developing. Cummings asked Clark how often he thought there would be a site that's going to be developed with access to a collector. Clark said a tthemlaneoptio Ify developing onaa busiera street. It mipght lbe like va vacant Its called an "Inii11 D thatlopme t~ sittin They would have this to looknat to design their lots. Devine asked Clark if it could be brought back to TSC in an ordinance form. Clark said yes. Staff will put the conditions on it and bring it back to TSC. After that, it's taken to Legal for an ordinance which would probably be in rebru%.ry 1996. Devine asked if TSC would look at drafts the ordinancedandtfrom Legal takes what SC to city Council. Deviinne ' asked if it would include the rational. Clark said yea, that would be taken into consideration by Legal when drafting the ordinance. Clark said the rational will go back in the back of the standards. Devine said she wants others to know why TSC arrived at this. Coomes asked about the individual that came to TSC on Sell Avenue. Now wide was that lot? Clark said it's close to 70 feet. He will look that up. Clark asked could TSC look at (c), (d), and (e) as a whole at this time because (a) may take a whole session itself? Devine said that's ok. ANE0064S I6 r f TSC Minutes January 1996 page 19 ITEM #6 SUBDIVISION REGULATIONS Tp BE FORWARDED TO PLANNING AND ZONING AND CITY COuNCIL FOR CIRCULAR DRIVES Clark said the commission has the two detail sheets that describe the metric requirements. The one thing added is that the widths are 10' maximum. If you say 10' minimum, multiple cars could come in and out eliminating the whole benefit. Luce helped staff identify that and the consultant agrees that was good reasoning. That's really the only difference in these and what TSC saw last time. Also included in the backup are specific details that you have to keep the 50' corner clearance. You should always keep a minimum of 10' between driveways and 9esign circular driveways so that they don't run from residential to collector or residential to arterial. Staff recommends approval basically because staff feels you are controlling how care are coming in and out which makes the extra driveway entrance much less dangerous, and a person it- facing the traffic opposed to backing into the traffic. This will be a positive step. These are subdivision regulations and will have to go to the Planning and Zoning Commission and City Council for their consideration. Luce said this turned out to be more complicated than he thought it would be when they started. But, he is pleased that they done it. Here was a case before TSC tonight. There will be a solution at hand. It may not be the one the petitioner preferred, but in protecting safety is the better solution. Clark agreed. STAFF RECOMMENDED: Approval COMMISSIONERS: Phillirs made a motion to approve Item q6, amendment to the Subdivision Regulations to be forwarded to Planning and Zoning Commission and City Council for circular drives. Coomes seconded the motion. Motion passed unanimously. AEE00677 17 r t f Y F d 1 x . TSC Memo Jamrary 3 1995 ' page 9 ' ITEM k6 SUBDIVISION Er n-ATIONS TO BE FORW R TO P -ANMG AND ZONING AND CIEY O tN[`tl. FOR CtRCtn AR DR_LM-, This recommended change is to the subdivision regulations under the Driveway and Parking Lot Section 34-115 under sections (d) and (e) which cover access to arterial and collector streets. The detail sheets from Cummings and Pewits are enclosed for your review, but are basically the same as in your December work session. The only exception is that the driveway openings are limited to 10' to avoid having 2 or more cars coming in and out. They are specifically intended to have one car entrance and exit. Th.; wording for the ordinance will be created by legal and our attempt to create changes to the ordinance in words would most likely be rewritten. Some additional standards that need to be part of the ordinance include the following: 1) The corner clearance standards must be maintained at 50' from the ROW or the circular drive should not be allowed on corner lots. 2) Maintain a minimum of 10' betweea hives (ie. between the one way circular drive entrance and approaches). 3) Design the circular drives so that they do not cross from residential to collector or residential to arterial as per the minutes. Staff recommends approval of the changes to allow circular drives on arterials and collectors when they meet the criteria in the detailed sheets enclosed from Cummings and Pewitt. Circular drives are always allowed on residential streets, so they are not included in this petition. The driveway spacing criteria, corner clearances, and access limitations to arterials and collectors create sues that we feel can be safely addressed through this proposal. AEE0004 18 yF M ,rte F Agenda No, Agenda Iles} Dale/~ CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: November 5, 1996 SUBJECT: Hold a public hearing and consider an ordinance rezoning 3.753 acres to a Commercial Conditioned (C[e)) zoning district. The subject property is located southeast of Lindsey Street, adjacent to I-35E. RECOMMENDATION: The Planning and Zoning Commission unanimously recommends approval (5-0). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. 1 r d i^ Please advise K I can provide additional information Respectfully submitted: Ted t3enavides City Manager Prepared by: Walter E. Reeves, Jr., 6P Urban Planner Approved: ra4661 sDirector Planning and Development Attachment #1: Planning and Zoning Commission Report Attachment #2: Ordinance. Attachment #3: Draft minutes from October 30, 1996, P & Z meeting. s 4 ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: November 5, 1996 Subject: Z-96-043 GENERAL INFORMATION Applicant: City of Denton (City Council) 215 E. McKinney Street Denton, Texas 76201 Owner: RPS Ventures, Inc. 8202 Elam Road Dallas, Texas 75217 Action: Consider rezoning a 3.753 acre tract of land to a Commercial Conditioned (C[c)) zoning district initiated by the City Council Location: Southeast of Lindsey Street, adjacent to the south side of 1-35E (Attachment 1). Surrounding Zoning and Land Use: North: I-35E. South: Apartments (MF-1) and single-family residences; SF-7 zoning. East: Desert Sands Lodge, vacant bar, Commercial zoning. West: Single family residential use, a church, and vacant land in the SF-7 zoning district. Denton Development Plan: Low Intensity Area #99(117% allocated). SPECIAL INFORMATION The property will need to be platted. Access to 1-35E frontage road with on driveway allowed by current ordinance standards. Sidewalks will be required along all street frontages. No access to Willowvrood is a condition of this case. Water and wastewater (sewer) lines are adjacent to the property and adequate to serve development. Development on the southern portion of the tract, which drains south, will require slgniflcant off-site drainage Improvements or detention. BACKGROUND The subject property has been undeveloped for decades, and has a long and involved history. 3 S a r„ F 1 erred to as lots hereafter) 14 and 34 were rezoned from the 'R" Dwelling e "B' Business District by Ordinance 61-12. une 28 and July 2, 1961 Notice published in the Denton Record Chronicle regarding the July 18, 1961, meeting to hear Input prior to the final decision on the new Comprehensive Zoning Ordinance and Map. July 18, 1961 City Council (CC) holds a public hearing and Gathers input from property owners requesting changes in the comprehensive zoning in fifteen areas of the city. The subject property was not one of those discussed. July 19, 1961 CC makes decisions on the fifteen areas discussed at the meeting of July 18, 1961. July 25, 1961 CC approves the new Comprehensive Zoning Ordinance and Map by Ordinance 61- 19. Staff cannot locate a copy of this map, and while the subject property was not specifically discussed, staff cannot verify that the zoning remained "B" on lots 14 and 34. August 19, 1964 P&Z hods a public hearing to consider a request by Gus Nansch, et. al., from the "R" Dwelling District to the "LB' Local Business District, on property known as Lot 14.5 Block 350C as shown on the City Tax records. The request was denied. i April 17, 1968 P&Z discussed a proposed meeting with various groups regarding the new proposed zoning ordinance. June 5, 1968 P&Z recommends approval of the new zoning ordinance and that a date be set for a Joint public hearing with the P&Z and CC. August 22, 1968 Joint public hearing Is held by the P&Z and the CC. Approximately thirty-eight (38) citizens spoke either requesting a change in zoning, or rebutting a requested change. I January 6, 1969 Joint public hearing is held by the P&Z and the CC. The meeting is called to consider the public input from the August 22, 1968, joint public hearing. r 4 r r cyyl January 8, 1969 Joint public hearing is held by the P&Z and the CC. Consideration continues on the public input from the August 22. 1968, joint public hearing. January 14, 1969 CC approves the new Comprehensive Zoning Ordinance and Map by Ordinance 69- 01. December 28, 1971 CC approves Z-1137. A map used in the case shows the Commercial zoning line at a different location from that adopted in 1969. Additionally, the map faintly shows the zoning line as adopted in 1969. July 16, 1975 P&Z holds a public hearing on Z-1255. A zoning map used in the case clearly shows a zoning line which corresponds to the current zoning map. September 10, 1975 P&Z holds a public hearing on Z-1258. A zoning map used in the case clearly shows a zoning line which corresponds to the current zoning map. May 18, 1977 P&Z holds a public hearing on Z-1300. A zoning map again clearly indicates the zoning line as reflected on the current zoning map, and shows the zoning classification as 'C' Commercial. April 5, 1978 Motel and restaurant, along with 1.578 acres is sold, apparently, without benefit of subdivision approval. June 22, 1994 P&Z recommends approval of a rezoning from the Commercial (C) and Single Family (SF-7) zoning districts to the Office (O) zoning district, conditioned with site plan approval. P&Z reviewed and placed screening conditions on the site plan concerning an 8 foot masonry wall's placement such that 75% of the screening trees would be on the outside of the wall. A new site plan was never submitted and the applicant withdrew the rezoning application in the face of neighborhood opposition. The '20% Rule' was in effect. November 30, 1994 P&Z denied a preliminary plat for a 5.381 acre tract. It was not known until after this case that the current zoning map was in error because it had not been changed since 1969 by ordinance. I J k;. January 11, 19 95 P&Z directs staff to prepare for consideration and recommendation to the CC an ordinance amending Chapter 35 of the Code of Ordinances of the City of Denton to clarify requirements regarding parking incidental to anon-residential use in a residential zoning district. February 22, 1995 Staff presents a report to the P&Z recommending the P&Z initiate a zoning case to address the apparent zoning map error. The commission voted to allow the owner of the property to initiate a case without a fee. March 7, 1995 The owner of the property files a rezoning application per the P&Z's February 22, 1995, action. Council passes off-street parking ordinance amendment. March 8, 1995 The P&Z holds a public hearing and recommends approval of an ordinance a amendment to Chapter 34 of the Code of Ordinances of the City of Denton to clarify the code provision regarding the platting of a lot with two or more incompatible zoning districts. March 21, 1995 Council approves incompatible zoning plat ordinance. April 12, 1995 P&Z holds a public hearing and on a 2-3 vote fails to recommend approval of a rezoning from the SF-7 zoning district to the Commercial zoning district. May 11 and May 30, 1995 Applicant offers conditions or additional restrictions. May 16, 1995 Council postpones consideration to enable the full Council to consider the case and additional time for communlration between applicant and neighbors. June 20, 1995 Council denies rezoning to Commercial on a motion to approve by a vote of 4 to 3. Six votes were required to approve. July 18, 1995 Council Initiates rezoning to Office, no conditions. August 3, 1995 Zoning Board of Adjustment appeal. Postponed. (c. r tj e L i August 9, 1995 P&Z background work session. August 23, 1995 P&Z public hearing and recommendation made. September 19, 1995 CC consideration, denied. September 24, 1996 CC approves ordinance agreeing to settlement and initiating new zoning case. NOTICE Nineteen (19) notices. were mailed on October 18, 1996, no replies had been received at the time of preparation of this report. ANALYSIS This zoning case Is initiated by the City Council out of a settlement agreement reached on two pending litigations before the 362nd District Court, Denton, Texas. Attachment 2 is a proposed list of conditions, and Attachment 3 is a proposed list of permitted uses. RECOMMENDATION The Planning and Zoning Commission unanimously recommends approval of this request. ALTERNATIVES 1. Recommend approval as requested. 2. Recommend approval with otherladditional conditions. 3. Recommend denial. 4. Postpone consideration. ATTACHMENTS 1. Location map. 2. Proposed list of conditions. 3. Proposed list of permitted uses. 7 a I~ \ • 1 LINDSEY-~ LINDSEY ~I= Fl, 1 " SFsw, , n1 `11 ,1 } _ r • 1111,• L B I 1 1 - 11, 1 11 ; ~ - II ® I 1 , I 1 1 ,1 1 r 111 1 1 It 1 11~ ILLOWWOOD - 1 1-~, I r 1 ~ W 1 Existing Zoning Site Topography c A Z PROPOSED CONDITIONS COMMERCIAL CONDITIONED ZONING D'.-STRICT FOR RPS VENTURES 1. Restricted list of permitted usas as per Attachment 7. 2. No structure shall exceed 2 stories ire heirlot. 3. Access is limited to the 1-35E frontage road. 4. No direct illumination of adjacent land zoned and used for single family residences. 5. Stormwater drainage on that portion of the property that drains toward the north shall continue to drain toward the north. 6. Drainage improvements on the portion of the property that drains to the south shall be constructed prior to development of that portion of the property, in accordance with the Code of Ordinances of the City of Denton. 7. Walls, fences, and trees shall be provided as per the Code of Ordinances of the City of Denton. 8. Hours of ~.)peration for any Swim or Tennis Club shall be betvwaen 10:00 a.m. and 10:00 p.m. 9. For the purposes of this ordinance, references in the exhib;ts to 'm iniwareho uses" shall mean structures containing separate storage spaces of varying sizes leased or rented on an individual basis. i PROPOSED LIST OF PERMITTED USES Amusement, Commercial (indoor) Park c.r Playground (public) Play Field or Stadium (public) Restaurant Retail Stores and Shops 4,000 Square Feet or Less Retail Stores and Shops Over 4,000 Square Feet Studio for Photographer, Musician, Artist, or Health Animal Clinic or Hospital (no outside runs or pens) Greenhouse or Plant -Nursery Library (public) Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Community Center (private) Home Occupation Telephone Line and Exchange Switching or Relay Station Auto Laundry Auto Sales and Repair (in building) New Auto Parts Sales Stores Antique Shop Bakery or Confectionery Shop (retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop i Drapery, Needlework or Weaving Shop Florist or Garden Shop Greenhouse or Plant Nursery (retail) Handicraft Shop Household Appliance Service and Repair Mi-neograph, Stationery or Letter Shop Mo}?uary or Funeral Parlor Offices, Professional and Administrative Off-Premises Sale of Seer and/or Wine Sales or Storage Warehouse (miniwarehouses only, all otr+ers prohibited) One Family Dwelling Restr,cted Art Gallery or Museum Church or Rectory • College or University or Private School Day Nursery or Kindergarten Hospital (General Acute Care) Hospital (Chronic Care) /0. a 1:.^.s~ C• Institutions of Religious or Philanthropic Nature Swim or Tennis Club Cemetery or Mausoleum Permitted With Approval of a Specific Use Permit Fraternity, Sorority, Lodge or Civic Club d F ti OCT 31 11:31 310 Pet stsoova ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON TEXAS, PROVIDING FOR A CHANGE TO THE COMMERCIAL CONDITIONED (C(ci) ZONING DISTRICT CLASSIFICA- TION AND USE DESIGNATION FOR 3.753 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 350 FEET SOUTHEAST FROM ITS INTERSECTION WITH LINDSEY STREET, AND MORE PARTICULARLY DESCRIBED IN EXHIBIT 1, ATTACHED HERETO AND INCORPORATED BY REFERENCE HEREIN; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Arthur J. Anderson, on behalf of RPS Ventures, Inc., had applied for a rezoning of the subject property legally described in Exhibit 1; and WHEREAS, the Planning and Zoning Commission on October 30, 1996, unanimously recommended approval of the change in zoning; and will beEinAcomplianceywiCouncil fins th the DentontDevelopment the change in zoning THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the zoning district classification and use designation of the 3.75 acres of land described in Exhibit 1, attached heret-) and incorporated into this ordinance by refer- ence, is changed from its existing zoning district classification and use designation to the Commercial Conditioned (C(c)) zoning district classification and use designation under the comprehen- sive zoning ordinance of the City of Denton, Texas, subject to the following restrictive conditions: 1• Permitted uses are restricted to the uses described in Exhibit 2, attached hereto and incorporated by refer- ence herein; the uses listed in Exhibit 3, attached hereto and incorporated by reference herein, are ex- pressly prohibited. 2. No structure shall exceed two (2) stories in height. 3. Access to the subject property shall be taken from the I-35E frontage road. 4. No direct illumination of adjacent land zoned and used for single family residences shall be allowed. 5. Drainage improvements on the portion of the property that drains to the south shall be constructed prior to any development of that portion of the property, in I ~a I 3 4 t5t f• i OCT 31 '96 11:32 310 P03 accordance with the Code of Ordinances of the City of Denton. 6. Stormwater drainage on the portion of the property that drains to the north must continue to drain to the north. 9. Walls, fences, and trees shall be provided as per the Code of ordinances of the City of Denton. 8, Any permitted swim or tennis clubs may not be operated between the hours of 10:00 p.m. and 10:00 a.m. 9. For the purposes of this ordinance, references in the exhibits to "miniwarehouses• shall mean structures containing separate storage spaces of varying sizes leased or rented on an individual basis. SECTIO_ N ii That the City's official zoning map is amended to show the change in zoning district classification. SECTION Iii That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceed- ing $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SE~"rION iV That this ordinance shall become effective Fourteen (14? daya from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordi- n ance to be published twice in the Denton Record-Chronicle, a news dai shed ttenl(10) dayseofptheldate of its passage Denton, Texas, within PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT I4. -FRdO'I'Y R i 7t;RNEY J /3. I OCT 31 '96 11:33 310 Pod ALL that certain lot, tract, or parcel of land situated in the A.g. Y. TwVkLns Sny~ mos. A.1244in the City of Dentonol, 'texas and bea D+rticularly described as tio~v~ton County, UGINNINQ at the northeast corner of a tract shown by deed Morrison, recorded in Volume 2113, 161 Rea? Denton County Takes, Property Page Records rds tE vest a distance of tract deeded to Harold E116.23 feet to the northwest corner of a Deed tract Records; E. Ferguson recorded in Volume 940, Page IOi TH90CF north o• 1$' 12• ve southeast co ner f1a tract deeded toaDea of 17tist recorded neon feet to rte . Page 691 Real pro ~ Association, THENCE nor o• 39• per ty fst tY Records; THENCE nor 1 tract east with the east line of said continuity o passing at 100.15 filet Lt's northeaittcorner an, 9 n said bearing a total distance o: 665.20 &a point in the center line of :.H. )SE; feet to a THENCE south 470 SO. 12* east w 3SE distance of :99.61 feet co the ?with the center tine of left; o a 99.d, central t s int~of Curvature f 1F{ o f a and ength thru of 9le of it 39 241, radius of 32iNe tf rte 7.9S feet to a Point for corner; l•OS feet. corAer; THENCE south 25. 304 west a distinct of 173.c3 fee: to a Poi:: f:: THENCE south SS• ~a, Beginning and a r.ta:east a 3:sus,;e of 25:.27 c a .:.g 3.~S3 zres f feet = t>A Po o .a.'sd. - ue cow ~ y. c A ,•1 f 0.X31'96 11:33 310 Fps EXHIBIT Z LIST or) OF PERMITTED USES Amusement, Commercial (indo Park or Playground (public) Play Field or Stadium (public) Restaurant Retail Stores and Shops 4,000 Square Feet or Less Retail Stores and Shops Over 4,000 Square Feet Studio for Photographer, Musician, Artist, or Health Animal Clinic or Hospital (no outside runs or pens) Greenhouse or Plant Nursery Library (public) Monastery or Convent Nursing Home or Residence Home for Aged Park, Playground or Public Community Center School, Private Primary or Secondary School, Public or Denominational School, Business or Trade Community Center (private) Home Occupation Telephone Lino and Exchange Switching or Relay Station Auto Laundry Auto Sales and Repair (in building) New Auto Parts Sales Stores Antique Shop Bakery or Confectionery Shop (retail) Cafeteria Cleaning and Pressing Small Shop and Pickup Custom Personal Service Shop I Drapery, Needlework or Weaving Shop Florist or Garden Shop i Greenhouse or Plant Nursery (retail) Handicraft Shop Household Appliance Service and Repair Mimeograph, Stationery or Letter Shop Mortuary or Funeral Parlor Offices, Professional and Administrative Off-Premises Sale of Beer and/or Wine Sales or Storage Warehouse (minlwarehouses only, all others prohibited) One Family Dwelling Restricted Art Gallery or Museum Church or Rectory College or University or Private School Day Nursery or Kindergarten Hospital (General Acute Care) Hospital (Chronic Care) DWt81T~.,~.~4~c t/Z /S. s a E r~ 111♦ OCT 31 1% 11:34 4,k0, 310 P06 'co, n Institutions of Religious or Philanthropic Nature SwIrn or Tennis Club Cemetery or Mausoleum Permitted with Ilpprovol of a SpWflo Use permit I` Fraternity, Sorority, Lodge or Civic Club ~ XI2/2, /6, r f OCT 31 '96 11:34 310 P07 Y ~ EXHIBIT 3 LIST OF PROHIBITED USES Community Unit Development Dormitory, Boarding or Rooming House Hotel or Well Community Center (Public) Day Camp Group Homes Halfway House Home for Care of Alcoholic, Narcotic or Psychiatric Patients Occasional Sales Accessory Building Electrical Substation Electrical Transmission Line Temporary Field or Construction Office (Approval and Control by Building Official) Fire Station or Similar Public Safety Building Gas Transmission Line and Metering Station Off Street Parking Incidental to Main Use Off Street Remme Parking Public Building, Shop, Yard of Local, State, or Federal Govemment Radio and/or Television Microwave Tower Sewage Pumping Station Private Swimming Pool Telephone, Business Office Water Reservoir, Water Pumping Station or Well Water Treatment Plant Amusement, Commercial (Outdoor) Country Club (Private) with Golf Course Dance Hall or Night Club Fairground or Exhibition Area Public Goff Course Commercial Golf Course Rodeo Grounds Roller or Ice Skating Rink Sexually Oriented Business Stable, Private Club Stable, Commercial Rental Stable, Boarding Theater, Drive-in Theater, Other than Drive-in Type Airport Landing Field or Heliport Bus Station or Terminal Hauling or Storage Company Motor Freight Terminal Railroad Freight TerrMnal Railroad Passenger Station EXH1W W= r~3 r x OCT 31 196 11:35 31@ Poe Railroad Track or Right-of-Way Railroad Team Track- Truck Parking Lot Commercial Parking Lot or Structure Auto Painting and Body }repair Gasoline Service Station New or Used Car Sales Lot (In Open) Seat Cover and Muffler Installation Shop Tire Retreading or Capping Used Auto Parts Sales (In Building) Laundry or Cleaning Self Service On Premise Sale of Beer and/or Wine Licensed Private Club Pawn Shop Secondhand Store, Used Furniture or faummage Sale Tool or Trailer Rental Animal Clinic, Hospital or Kennel (with outside runs or pens) Farm or Ranch Hatchery, Poultry Bakery (Wholesale) Building Material Sales Cabinet and Upholstery Shop Cleaning and Dyeing Plant (Commercial) Cleaning Plant, Bags or Carpets (Special Equipment) Clothing Manufacture or Light Compounding or Fabrication Contractors Shop and Storage Yard Engine and Motor repairing Feed Store Heavy Machinery Sales and Storage Job Printing or Newspaper Printing Laundry Plant (Commercial) Milk Depot, Dairy, or Ice Cream Plant Paint Shop Plumbing Shop Scientific or Research Laboratories Storage and Sales of Furniture or Appliances (Outside a Building) Trailer Rental or sales Transfer, Storage and Baggage Terminal Wholesale Office and Sample Room Trailer Camp or Mobile Home Park Efectrical Generating Plant Private Utility Shop or Storage Yard Sewage Treatment Plant Drag Strip or Commercial Racing Go Cart Track Animal Pound (Public or Private) ice, F 1Y1, OCT 31 'S6 1I:35 310 M Flea Market Extraction and Storage of Sand, Caleche, Stone, Clay or Gravel Temporary Asphalt or Concrete Batching Plant Mixing and Sale of Concrete Sales or Storage Warehouse (all prohibited except minlwarehouses) i EXtl161'f..~PAR. /9. r r'.•: . F •ti 1 r ATTACHMENT 3 A MINUTES PLANNING AND ZONING COMMISSION October 30, 1996 Special Meeting of the Planning and Zoning Conunission of the City of Denton, Texas was held on Wednesday, October 30, 1996, in the City Council Chambers, 215 E. McKinney. Present: Carol Ann Ganzer, Rudy Moreno, Barbara Russell, Bob Powell, and Guy Jones Absent: Mike Cochran and Ellen Schertz Present from Staff: Frank Robbins, Director of Plannir,, and Development; Jerry Drake, Assistant City Attorney; Walter Reeves, Jr., Urban Planner; Linda Holley, Executive Secretary. Meeting was called to order at 5:04 p.m. I 1. Hold a public hearing and consider a City initiated request to rezone 3.753 acres to a Commercial Conditioned (C[c]) zoning district. The subject property is located southeast of Lindsey Street, adjacent to the south side of I-35E. Ms. Russell read the rules for the public hearing and opened public hearing. Mr. Reeves: Thank you Madam Chairman. I will be brief. Most of you have more than enough familiarity of this case. I tried to bring Corrmissioner Ganzer up to speed in my staff report. As you are aware this is a part of the settlement agreement of the two lawsuits pending in the case. The area in consideration as you can see on the overhead is the area in gray. Staff recommend: approval with the conditions that are attached with the report. Mr. Powell: Condition number 5, is that a misprint? Is this the way it is really going to go on the permanent record? Mr. Reeves: Drainage on that portion of the property, no, It should say, drainage on the northern portion of the property shall drain toward the north. Mr. Powell: Okay. Mr. Drake: No. 5 or 6? Mr. Powell: Five. Mr. Drake: How do you prefer for it to read? a2 0 . t 6 Minutes P&Z Commission EURAFT October 30, 1996 Page 2 Mr. Powell: Well, it says drainage on that portion of the property shall drain to,vard the north. What portion? Well, he just said drainage on the north portion. Well that's cool, now we know what portion. E Mr. Drake: Walt, do they have a copy of the ordinance that was on the table or...... Mr. Reeves: No, that was just for you. Mr. Drake: Well, basically they have been reworded. There is a condition that says drainage improvement on the portion of the property that drains to the south shall ca constructed prior to any development of that portion of the property in accordanv with the Code of Ordinances of the City of Denton. ' Mr. Powell: That's six, what does five say? Mr. Drake: I don't have them numbered the same way you do. But that is one of them that talks about drainage. The other one says, stormwater drainage on the portion of property that drains to the north must continue to drain to the north. Mr. Powell: That's fine, but that is not what we have here, but if that is what it says that sounds good to me. Ms. Russell: Any other questions? Mr. Powell: Madam Chairman, I would move that we close the public hearing. Ms. Russell: Well seeing that there is no one to speak. The petitioner is not here and there is no one here in the audience to speak for and against, I think that is totally in order. Public hearing is now closed. Any further remarks, questions, or comments, or motion? Mr. Powell: I move that we recommend approval as requested and presented by staff. Mr. Jones: Second. Ms. Russell: Any discussion? All those in favor please raise your right hand. Opposed same sign. Motion carries. (5-0) Any other business? Seeing none we adjourn the meeting. Meeting was adjourned at 5:08 p.m. ai. F Ag6A91 Mt ' Agenda Item Date_ Mi"i FDENTON, TEXAS C17YHALL WEST ~ 221 N. ELM ~ DENTON TWS76201 (M536.SM # DFWMETR0434.2o Planning and Development Dxparfrvent CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager 1 DATE: November 5, 1996 f I SUBJECT: Hold a public hearing and consider an ordinance amending the detailed plan for j Planned Development 149. The subject property is located on the northeast corner of Frame and Uland Streets. i RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (5-1). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS, DEPARTMEN7S OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT.• None. I "DeAcafed io 4by kService" s c, Please advise if I can provide additional information Respectfully submitted: Ted Benavides City Manager Prepared by. IWalter E. Reeves, Jr., AICP Urban Planner Approved: L~?F ~ Frank Robbins, AICP Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance. Attachment #3: Draft minutes from October 9, 1996 P & Z meeting. R. r ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commissicn Date: Norarrber 5, 1996 Subject: Z-96-040 GENERAL INFORMATION Applicant: Mr. John C. Johnson PO Box 1603 Denton, Texas 76202 Owner: Same as above Action: Amending detailed plan for Planned Development 149 (PD-149). Location: The subject property is located on the northeast corner of Frame and Uland Streets. Surrounding Zoning and Land Use: North: Residential use in SF-7 zoning. South: Residential use in SF-7 zoning. East: Residential use in SF-7 zoning. West: Residential use in SF-7 zoning. Denton Development Plan: Low Intensity Area #48 (111% allocated). SPECIAL INFORMATION The subject property is already platted (John C. Johnson Addition #2, August 1993), and no other public improvements are required. BACKGROUND The subject property was rezoned from SF-7 to a Planned Development by Ordinance 93.130 , "etalled plan Attachment 2). Mr, Johnson wishes to rearrange the layout of site, but is not increasing either the number of units or the square footage. Due to the rearrangement of the layout, this cannot be considered a minor amendment which could be approved by the Planning Director. NOTICE Thirty-five (25) notices were mailed on September 27, 1996. Four have been received in favor, one reply has been received in opposition, and one notice has been returned. ANALYSIS The table below will provide a summary of the Plan related analysis for this project. 3 i C Y F Denton Development Plan Policy Analysis Summary Low Intensity Area Development Rating VS Policy COMMENTS swao'" s•ewRTM emrlnra POLICY hwana.rw s>wmtn«s To be consistent with the Plan, a Allocated Intans?ty • 85 Intensity trips. X development should not exceed Its Proposed Intensity • 128 Intensity trips, allocated intensity. Intensity allocated by previous PD. Strict sate pian control within 1,600 Low density residential use within 1,600 feet x rest of existing low density Amandsd detailed plan proposed, residential. Traffic design to ensure that Multi- Proposal has draft access to Frame Street Famly or Non-Residential usss have t:4 to Ul," Street Both streets are access to collectors or larger dessified as residential stroels. X arterials with no drect access through resdanbal streets, ff nt green space, recreational As proposed, approximately half the property and .Iversity of parks are will remain vacant Landscaping Is being d. provided as Indicated on the proposed x detailed pion. No fence is proposed or recommended. No bufferyards are proposed. Input into planning by neighborhood At this point, no neighborhood meeting is X associations and councils is proposed. encouraged. Neighborhood service center NA concentration N-lresidential 'A mile separation NA Any form or continuous strip NA commercial development Is strongly discouraged in or near low intensity areas In consldering the disproportionate share allocation of Intensity, the Planning and Zoning Commission and City Council should consider the fo8owtng Items, but are not limited to these Items: Adequate Infrastructure Public sgirvioes are available to the property. John 0, Johnson Addition 02, the only public Improveoment esaoclaled with the plate was sidowatks unusual Topography The subject property Is flaL Compatibility This property was rezoned Irom SP-7 to PD-149 In 1993, and a detailed plan was approved The proposed amendment Is to simply rearrange the already approved number of units on the site. equ re on ee a e an: 1. Acreage. The acreage in the plan as shown by a survey, certified by a registered engineer. t G F The subject property is already platted. 2. Land Uses. Permitted uses, specified in detail as determined by the department, and the acreage for each use. Proposed land use is for multi-family development. , 3. Off-site Information. Adjacent or surrounding land uses, zonings, streets, drainage facil:'ies and other existing or proposed off-site improvements, as specified by the department, sufficient to demonstrate the rF,latiopship and compatibility of the district to surrounding properties, uses and facilities. Provided. 4. Traffic and transportation. The location and size of all streets, alleys, parking lots and parking spaces, loading areas or other areas to be used for vehicular traffic; the proposed access and connection to existing or proposed streets adjacent to the district; and the traffic generated b~ the proposed uses. Provided. 5. Buildings. The location, maximum height, and minimum setbacks for all buildings, and if nonresidential, the maximum total flcor area. Provided. 6. Residential development. The number, location, and dimensions of lots, the minimum setba0s, the number of dwelling units, and number of units per acre density. Provided. 7. Water and drainage. The location of all creeks, ponds, lakes, floodplains or other water retention or major drainage facilities and improvements. Provided. & Utilities. The location and route of all major sewer, water, or eleclri.,al lines and facilities necessary to serve the district. Sewer and water lines are shown. 8. Trees and landscaping. The location of ail protected trees and a landscape plan as required by the city's landscape ordinance. t~ _ t is i r The project will require three (3) trees in the street yard, and 1,42E, square feet of street yard landscaping. The proposed Crepe Myrtles should ba identified as 2" and not 5 gallon. ► 10. Open space. The approximate location and size of greenbelt, open, common, or recreation areas, the proposed use of such areas, and whether they are to be used for public or private use. Approximately half the property is being left vacant. 11. Screening. The location, type, and size of all fences, :terms, or screening features proposed between different land uses or adjacent properties. The Landscaping, Screening, and Tree Preservation Ordinance requires a screen of 6' in height along the property line abutting residential uses. In this case, the north and east property lines. Mr. Johnson is not proposing a screen along those property lines and the Commission has not attached a condition requiring such a fence. 12. Signs. Location, type, and size of all signs regulated by the City's sign ordinance. No signs are proposed. 13. Sidewalks and bike paths. Sidewalks or other improved ways for pedestrian or bicycle use. A 4' wide sidewalk is shown along both street frontages. RECOMMEN12ATION The Planning and Zoning Commission recommends approval 5-1. ALTERNATIVES 1. Approve as recommended. 2. Approve with additionaVother conditions. 3. Deny. 4. Postpone consideration. ATTACHMENTS f. Proposed detailed plan. 2. Approved detailed plan (1994). ~r, fA M h Y . ❑ ; - I i ~ 1 - n 0 1 ~I I . 00--1 I • I~ ~ z N a I ~I ` Z I III - I t I yl A I } Coll 4 ~ r ~ ,ec~r. nir _ sir e 11 z r ri~ ! ~ ' la I j!• to E,, •I i,,a Jill ' x • 6 5 qua ••~o: a z~ N s y v I I 1 , r+► / ` I ~ - - - fLOdOPLAIN INFORKATdON 'iw'n r r.~ ao e rt m+i.s MO /4Ai or THIS TRACT J/PE1RS 10 DF MlTNIN . I YI 4RE4 OCSiiX4TEO AS i R000 N421110 11K1 ~S POB! N e9e'99' E I N 09'2 i; .4E I ! I[C011DINI TO THE AA?IOkAL FLOW RATE KL g f4/ PAOUMM FLOOD TO E AANCe 147E X AP FOR F011 T THE ` 5er 15• E 144.71' I 7v5.10' CITY OF DENTON, OEXTON COMM TEXAS 1 I ! COYRNITY-PANEL M ISCA 490114.000!01 Ct• _~ctstawY~---- DATE04USUST 4. 1967. THIS ROOD .1.1(MOR 900 NOT 100 a con in 44 1116 .Y/ Oil 1 !a1 At CO TO I,p.r I I k 9YLL P V U Saw ; n "MIN 91 noun ro / i Y.n. 1 d , A01 huff liLIl HE wy 1 f1Vpvv. fu K AT F ftml!4 M Y/1 r "n 1 LOT 1 w I I wrnl 8000. t4 oA Yl G M 4,9 ROOD W m 3 m^w BLOCK A I 1 Yr www;, lArlIOP "w". ~°A EE ~r 3.419 ACRES NET I I _ _ , ~ •1 ' ~ ® r r V .1Y[-1 .ice I L _ r i V "~j~jSN~' 11 n 1 p mn,r r 1' N i 6,714 SQUARE FEET IN FRONT YARD 200 SQUARE FEET IN EXISTIf17 I I w _ ® I PORCHES AND SIDEWALK N c 1,053 SQUARE FEET IN PROPOSED m i ?i DRIVEWAYS M .o-M1i1 f 1 N 1111y I I I 5,461 SOUAPS FEET REMAINING FOR 1 LANDSCAPING Ial.3411 ' I ® rw. I Ia r• 111 I I to I I ( . tnm.l .,.r T 1p• 0 •r.u • L•i ' s' ~ ~.J.. ~ I I - RECEIVED E~'a--^-------- Mh ...M_ JUN 0 8 1993 r ' U L R N T_,_ -1~.eD. ii . _ - PLAWNG 6 DEYELGFMENI DEPARTMEN I 1 i rr .a.7.. ~ r-7 00019 r . ~ w METROPLEX ENGINEERING CONSULTANTS ENGINEERING W PLANNING * JURVEY.[A'G $OS SOUTH GRPOIL IWAY4R0 SUITE O MAnON. TEXAS 71201 151733&3-1419 DALLAS e19-7041 FONT. VORTN 3221-3614 DETAILED PLAN BUILDING LOT COVERAGE . 7,400 / 81,014.5 - 11.9713 1 JOHN C.' JOHNSON ADDITION NO. 2 1 F.A.R. - 12,200 / 61,614.3 - 0.1974 LOT I BLOCK A ClYY DF D£NTDN. DEN70IV COUNTY. TEXAS MAY" Sar SCALE GATE .roe No. o~Exm w 07 JUN 93 93-GGI I F t-H-0W ATTACHMENT 2 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR AN AMEND- MENT TO THE DETAILED PLAN OF LOT 1, BLOCK A, JOHN C. JOHNSON ADDI- TION NO. 2, A 1.419 ACRE TRACT LOCATED ON THE NORTHEAST CORNER OF FRAME STREET AND ULAND STREET; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; ANT) PROVIDING ' FOR AN EFFECTIVE DATE. WHEREAS, Mr. John C. Johnson previously applied for and received approval of a change in zoning from the Single Family 7 (SF-7) zoning district and use classification to the Planned Development zoning district and use classification (PD-149), upon passage and approval of Ordinance 93-133 on August 3, 1993; and WHEREAS, Mr. John C. Johnson has subsequently applied to the Planning and Zoning Commission to amend the detailed plan applica- ble to said zoning; and WHEREAS, on October 9, 1996, the Planning and Zoning Commis- sion recommended approval of the requested amendment to the previously approved detailed plan; and WHEREAS, the City Council finds that the amendment to the detailed plan will be in compliance with the Denton Development Plan; NOW, THEREFORE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the detailed plan for the PD-149 zoning district classification and use designation of the 1.419 acres of land platted as Lot 1, Block A, John C. Johnson Addition No. 2, is hereby amended under the comprehensive zoning ordinance of the City of Denton, Texas, said amendment being effected by the approval of the revised detailed plan attached as Exhibit 1, attached hereto and incorporated by reference herein, which supersedes the original detailed plan. SECTION II. That the provisions of phis ordinance govern and control over any conflicting provision of Ordinance No. 93-133. SECTION III. That a copy of this ordinance shall be attached to Ordinance No. 93-133, showing the amended detailed ?lan herein approved. SECTION IV. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTION V. That this ordinance shall become effective four- teen (14) days from the date of its passage, and the City Secretary z 1 , L 1 is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper purlished in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this the . day of , 1996. t JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY By: T I i rill f ATTACHMENT 3 Minutes P&Z Commission MA ` II October 9, 1996 ~I ~I Page 4 shall disapprove the plat unless the applicant agrees at the meeting in which the action is to be taken to correct or remedy the deficiency on which the disapproval is based in the submission of the final plat. So I think what Jerry just said to be is basically that Greg needs to come back down and say that they will fix the problem if there is one. Mr. Drake: Basically all I was wanting, I am sure it won't be a problem based upon what we have heard tonight. Greg if you will come up to the microphone and say if it is a problem with the phasing you will fix it on the final plat. Mr. Edwards: If it is a problem witb the phasing we will fix it on the final plat. Ms. Russell: Any further comments? Seeing no opposing, any further comments? We will close the public hearing. Mr. Cochran: I move we approve the preliminary replat of lots 1 thru 47, Block A of the Sherman Oaks addition conditioned upon the fact that the final plat will show any necessary phasing prior to submission and approval. Ms. Schertz: Seconded. Ms. Russell: Motion is ntade and seconded. Ante discussion. All in favor raise your right hand. Opposed same sign. Approved 6-0. Mr. Powell: Now that the vote is taken I would like to make a comment for the record. I wanted to do it after the vote was taken, cause I didn't want to anyway at all get in the way of the vote. I think it is a great idea. The last time this property was before us that I remember it was for apartments. There was a bit of conversation later that this could never be developed for single family, it just wasn't suitable, and I thought to myself well it looks suitable to me but I'm sure not a developer. By golly here it is, it happened. IV. Hold a public hearing and consider the amended detail plan of Planned Development 149 (PD-149). The subject property consists of 1.419 acres located on the r -)rtheast corner of Frame and Uland Streets. Ms. Russell opened the public hearing. Mr. Reeves: This is a request to am-md the approved detail plan for PD 149. Briefly we mailed 25 notices on September 27. Those notices should be making there way around. I believe we have three responses in favor and we still only have r.ne in opposition. Apparently that person was in opposition when this PD was approved back in 93. This is really a very simple case. If you look on the overhead you will seethe approved detail plan s t u h r . t Minutes P&Z Commission D +f~( "AFT October 9, 1996 u Page 5 for this site. What Mr. Johnson, the applicant, would like to do is to rearrange the units on the property into the configuration you see in your staff report. The number of units is not changing, actually the square footage is somewhat reduced. What you see is that the units that are to the north of the parking lot have basically been moved down along the Uland Street frontage and that area is now just going to be open area. This is basically a minor amendment, because of the relocation of the buildings it wasn't one that staff could approve and that is why it is here in front of you tonight. The one thing that I will point out is that our landscape ordinance would require that a fence be built along the north and east property lines. Mr. Johnson isn't proposing one and I believe that he has some letters from adjacent property owners who don't want a fence there. So we are recommending approval of the detail plan without the fence, but that was an issue that I felt you needed to know about. So if you have any questions I will be happy to answer them. Mr. Cochran: I have a question for you. Before we zoned this last time, I remember when this came in. How was this property zoned at that time? Mr. Reeves: I think it was single family 7. Mr. Cochran: So it has gone from single family 7 and those units before were duplexes? Is that right? Mr. Reeves: Right. Mr. Cochran: So we have gone from single family to multifamily essentially. Now they will be four plexes is what is proposed? Mr. Reeves: Technically speaking, when this first detail plan was approved in August of 93, that was multifamily. More than three units on a piece of property is a multifamily development. Mr. Powell: Talk to me about the condition about the crepe myrtles, not five gallons. What am I missing here? Mr. Reeves: Our landscape ordinance doesn't recognize the designation as a gallon, its a two inch caliper so that it's a minor change, its spelling also needs to be corrected on the detail plan as well. It is on our approved plant list, so its an acceptable plant. It just needs to be properly designated. Mr. Powell: There isn't any large amount of difference in the cost of a 2 inch and a five gallon? They are not $15.00 apiece more? ~h S a Minutes P&Z Commission LLJI A' F" October 9, 1996 Page 6 ' Mr. Reeves: I have no idea. Ms. Russell: I don't believe so. Generally in a five gallon you are getting a bigger plant. Mr. Powell: I was just wondering. It looked a little odd, but if they are happy with it I am going to be happy with it. Ms. Russell: Let me ask you about, if the ordinance calls for a fence and they don't want a fence can we let the neighbors not have their fence. Mr. Reeves: As I told Mr. Johnson this is the right zoning district to do that in. You approve a plan and that's the plan that has to be out there on the ground and if there is no fence there, there is no fence there. Ms. Russell: It is ok. Mr. Reeves: Yeh. Mr. Cochran: Can you point to the properties that don't want a fence, how close they are to this particular property? Mr. Reeves: I am sure that Mr. Johnson will be happy to elaborate on that when he gets up, but the last time I spoke with him it was both properties over here and this one here. Mr. Drake: Let me just speak to that last issue that Chairperson Russell brought up. The Planning and Zoning Commission is not really doing anything with this other than recommending approval to the City Council at this point. So it is not an issue of whether the commission has the authority to waive that requirement or anything else, it will be the City Council who will be making that determination subject to your recommendation. Now the City Council 1 suppose could vary their own ordinance requirements if they wanted to or needed to in that regard. Ms. Russell: 1 was more concerned with not who had the authority, could it be done by anybody? Mr. Drake: Presumably since the City Council passes its own ordinances, it has the authority to vary what ever they pass. So to the extent that they made this requirement, they could specifically vary that. Ms. Russell: Any questions? Would the petitioner care to speak? Give us your name and address please. /3. a S r e r Minutes P&Z Commission October 9, 1996 ! J Page 7 Mr. Johnson: My name is John C. Johnson., I live at 2905 Pennsylvania. I might point out two or three little things that are mistakes I made along the way. Originally based on my lack of knowledge and experience, well the years have passed and I haven't gotten as smart as a lot of people but I've gotten a tot smarter than I was when I started. The original proposal for this plan development was advise from other people that I finally learned was poor advise. I never was comfortable with this thing, that's one of the reasons it never got built. I never really felt good and for a long time I didn't really understand why. As time went along and I visited with many other people who had a lot more knowledge and experience than 1, they pointed out first that it was essentially a mistake to put those units in the middle of the lot like that. It was terribly hard to get streets and parking to them and utilities and sewer. It was just a bad plan. It was approved, it was nice, it was doable, but it was not smart. Time went along and as I continued to mull this over I originally felt that two story duplexes was probably the way to go. But more and more people gave me advise, that was another poor plan. More people much preferred what I really call studios, townhouses. Those simply were in effect two story duplexes that were turned up on the edge and they are designed to go vertically instead of horizontally. Same ground area, same number of people, same everything. But the ladies seem to like them because it gets their bedrooms up on the second floor away from the problems of peeping people, intrusions and all kind of things. That sounded smart to me. And then other people pointed out that they wanted, they would prefer units that had a street frontage where they had a good address that was just theirs. They didn't have to in seeking to advise people where they lived or how to find them it was simple simply to say 603 Uland. They didn't have to say well you go down to the middle of the block and you turn right and you get lost in there somewhere and we are unit 5 or we're unit 7 or we're unit A or something. So by moving these units all down, we get them down where people have street frontage, where the units are all vertically designed so that their bedrooms are all upstairs where people have absolute privacy and where the utilities are readily available in the street with very little problem to get them built and installed and it leaves the rest of that big lot a big open green belt area for whatever anybody wants to do with it. Mostly it allows people to have a feeling of space that they feel more comfortable with and that's fine, None of this I object to. It accommodates the same number of people, the same square footage, same number of units, the same everything. I get to do one thing that I should have done before all this started. Down there in the lower left corner along there where those first three or four units are, there is now a little old junky frame house that has been there since, I don't know, 1900 I guess. I should have bulldozed it down at the time f bought the lot and that should have all gone to the dumpground long ago. A young lady called me at that time and asked if that was my little house and I said yes it was, I hadn't done anything with it. She said she was desperately looking for some place to live. She had just been through a tough divorce and had problems trying to find a place for her children. She was broke and she just was desperate to find some place to move so she could get her children back. She asked if I could possibly make that little house available to her. I told her, you are never going to be ~ y. t F Minutes P&Z Commission - October 9, 1996 f n~ Page 8 y~,.. JLJ happy with that little place. But she is still there, all this time, still likes it. I visit with her nearly every week. She is just horrif ied that I am even considering ever taking her house away from her. But we will replace it with a new unit in time. So there is really not a lot more that 1 can tell you other than we think this is a more appropriate use of the land, it will please more people. Speaking of the fence. That never has before come up. When all this was originally approved by the City Council nobody ever mentioned a fence. So when it came up the other day at the DRC meeting I was a little aghast, if you forgive me if that's not the right word. So I went to see the neighbors I could find. The long east line is essentially owned by Mr. Bob Calwell who is a retired attorney and he has owned that lot for a long time and I see Bob from time to time and we are old friends. I asked him if he felt a fence would be an advantage and he said oh no we don't want a fence in there and break up all of our nice wide open spaces. Well, thank you I have a letter here I'd like for you to sign and he just grabbed it and signed it and I've got it in my file if you need it. Then I went to see the gentlemen in the upper right corner, Mr. Spraberry. He and his wife were equally, they have owned that land for years, they are equally pleased not to have a fence and prefer not to have one. And then I went to see Vera McBride who owns and has owned and lives on the lot in the upper left comer and she likes the big open space and she likes the pretty trees and she would like to not have the fence built. I then called the other two ladies who have the last two lots up there in the right sort of the east end of that north line a Ms. Bu nd I talked to rkhart, she's a realtor and very fence or not either, she said she would letnmelknow and 1 haven't nheard from her. There has never been a fence in the back of that lot and they have owned that lot for a long time so apparently they've never needed a fence of their own enough to built one. The other lots all along that north side all have four feet chain link fences and have had for many years for pets and dogs and whatever else they want to use them for. So the final lot on the upper north side down on the east end is owned by the widow of James Wallace. I haven't been able to talk to her, she is having to struggle now and I have been toad that by her neighbors. She finds it difficult to really talk right now. She doesn't need a fence. She has a four foot chainlink fence there to restrain her dogs, which she feels a need for security reasons. As you can see all of that area is kind of like a little forest back there and they are all blocked off anyway. I cannot imagine that they would want a fence, but if they did it would be no big deal to build one for them, but I don't know what they would do with it if they had it. In the case of Ms. Wallace she has a four foot chainlink fence, so if I build a six foot wooden fence it would just increase the height of her fence by two feet and that doesn't solve anything and that cuts off all the open space for her and I can't imagine that she would really want one, but I haven't been able to talk to her. I leave word and she doesn't seem to be able to afford a phone anymore, her phone has been disconnected and I go over and leave my card and she doesn't have a way to call me when she gets home from work. I go over there and she isn't there so I haven't been able to talk with her. That is about the 5, A i C F v ~ Minutes P&Z Commission r1' October 9, 1996 Page 9 only thing 1 can tell you and my guess is that neither of those people feel very strongly about it or they would've said something. h Ms. Russell: Are there any questions? Thank you Mr. Johnson. Mr. Cochran: I have one question for you. What are you going to do with the rest of the land up there, that open part? Mr. Johnson: I don't do a thing. If you would like a lesson in wasted land space in Denton, if you got time sometime I would like to explain to you the hazards of buying land in this area that is zoned low intensity. I did not know anything about low intensity when I bought that land, but I know about it now. What it simply means is, that forever, at least the rest of my life, I could not build. I had to build less than 12% total land area in buildings. If you measure all those concrete foundations for those buildings, those all in effect were 32 by 25 feet which is 800 square feet. If you add all those up they'll turn out to be a few decimals, fractions short of 12% of the land area. Mr. Cochran: What's your setback from the front? How big of a yard are you going to have in the front? Mr. Johnson: Well that's a problem. Because those are old houses and they have been there forever, so for the Uland Street side the setback is fourteen feet and that will continue to be, I guess. The old house on the corner, which I have prepared to demolish, establishes that front corner. And if you go on past down to that corner where it bends up, Joe Belew owns an old house on that corner and it establishes that line, the s,.me 14 foot. Mr. Cochran: The house that you are going to remove that is on the corner there, does it face Frame Street or does At face Uland Street? Mr. Johnson: It depends on how you view something. Mr. Cochran: Well, what's the address? Mr. Johnson: The address is 500 Frame Street. And the narrow part of that house sitting on that comer has no door. And the south side has no door. The entry doorway is on t:ie north side. Mr. Cochran: How far is the setback from Frame Street? Mr. Reeves: The setback on Frame Street is 14.3 feet and the setback on Mand is thirteen and a half, and this property is actually platted and those are the setbacks on the plat as well. A(, s F I :7 r-, .:Minutes P&Z Commission !F~ October 9, 1996. Page 10 Mr. Cochran: Just one other question for just my interest, what's the siding material going to be on the buildings here? Mr. Johnson: I propose to use vinyl siding. I don't ever have to repaint, stands weather well. I considered brick and that seemed, according to information given to me sometime back by a city staff member, to overbuild the neighborhood. I have been very cautious in what I did since then because I would like to sort of blend in. I don't want to build something that is going to stand out. Sa probably a cream or white siding. Maybe different colors on each unit. Ms. Russell: The property across the street on Uland is yours too, if I remember correctly, and your homes over there look nice. Mr. Johnson: Well thank you. We are real pleased with them. They will be fully remodeled. It is almost embarrassing, we have such a waiting list of people that would like to rent those houses. Ms. Russell: The other thing about siding too, is the insulating factors might be greater so your utilities, and all of us are concerned about utilities, and that further enhances the ability to keep the utilities down. Mr. Johnson: Any other questions that I can answer for you? Ms. Russell: Thank you very much. Anyone to speak in favor of the petition? Anyone in opposition? Seeing none, any further comments. We will close the public hearing. Mr. Reeves: No, I don't have any. Ms. Russell: Any discussion. Mr. Cochran: 1 have a couple of questions for Mr. Reeves if I can. Where is the nearest apartment complex to this? Do you have any idea? Mr. Reeves: No, none at all. Mr. Cochran: Ok. The character right around there is single family houses right adjacent to this on Frame Street and around? Mr. Reeves: Yes, it is a single family neighborhood. Mr. Cochran: Ok. f 1 4 r F Minutes P&Z Commission s~ - October 9, 1996 Page 11 Mr. Powell: Madam Chairman, 1 am prepared to move on this if there is no debate on voting on it. I move we recommend approval of the amended detail plan of PD-149 subject to the condition that the proposed crepe myrtles be listed as 2" and not five gallon. Ms. Gamer: Second. Ms. Russell: Any discussion. Mr. Cochran: Yes madam chairman. I've got a problem with this I would have to say. I was really in favor of this when this came to us before and I was profusely complimentary of Mr. Johnson, at least that's the way I remember it, of his project before because 1 liked what he was doing. It wasn't much of a jump to go from single family up to essentially duplex regardless of what they technically might be. But right now we are making another leap up to the next level of intensity and that is to essentially, what is a larger project. A multi family situation there and I feel like, there is one neighbor commented in his lett;i about the single family nature of the neighborhood, and I just feel like this parti(xlar neighborhood as I recall is one that is pretty sensitive as far as this type of issue goes, as far as what the direction that its going to go and I have seen where in other neighborhoods where multi family goes in and it is detrimental to it. So I will be voting against it, reluctantly I would have to say, for that reason for the jump from single family up to this more of a complex here. Mr. Moreno: A vote against this proposal doesn't take it back to SF-7 does it? It goes back to the original planned development, is that correct? Mr. Reeves: Right. He still has an approved detail plan. If you don't approve the amendment he still has an approved detail plan. Mr. Powell: Mike, maybe I missed something here but my understanding here is that there is no more people per square foot or per square acre or whatever than there was before so we haven't increased the amount of, excuse me not people but units. Mr. Cochran: That's correct but they have concentrated them more and they have but them up to the street, closer, jammed them in essentially and created more open space in back and who knows what might happen in the future as far as the land back there if the intensity standards change or for some reason or other there is a potential for more multi family going back there. I voted for it and I still support the previous plan because it seemed like it was spread out more on the lot and it would fit in with the neighborhood a little bit better than what this would be. That is my only.... Mr. Powell: I have another question based on what you are saying. Wouldn't this need x 4 w Agenda No. 9G `af~5" Agenda Item Date //-5'_cq CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: November 5, 1996 SUBJECT: Hold a public hearing and consider an ordinance to rezone 42.815 acres from the Light Industrial (LI) and Agricultural (A) zoning districts to the Multi-Family 1 (MF-1) zoning district. The subject property is located between Spencer and Loop 288, approximately 300 feet east of Colorado. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request, six in favor, none opposed (6-0). SUMMARY: See Planning and Zoning Commission Report. The '20% Rule' is in effect, which requires a 'supermajority" (6 votes) of the Council to approve the rezoning ordinance. BACKGROUND: Since the Planning and Zoning Commission meeting, the applicant has added conditions to the request which are stricter than the 'straight' MF-1 zoning district. There are two ordinances, one as recommended by the Commission without conditions, and one reflecting the amended application and adding two conditions. For other details see the Planning and Zoning Commission Report. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED Not applicable. FISCAL IMPACT: None. 1 pS Y F L Please advise if I can provide additional information Respectfully submitted: Ted Benavides City Manager Prepared by: Walter E. Reeves, Jr,, AICP Urban Planner Approved: rank obbins, AIC Director Planning and Development Attachment #1: Planning and Zoning Commission Report. Attachment #2: Ordinance (as recommended without conditions), Attachment #3: Draft minutes of the September 11, 1996, P & Z meeting. Attachment #4: Draft Ordinance reflecting amended application (with conditions). 7 G { F i ATTACHMENT 1 PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: November 5, 1996 Subject: Z-96-025 GENERAL INFORMATION Applicant: Spencer 288, Ltd. 3100 McKinnon Street, Suite 1060 Dallas, Texas 75201 Owner: Denton Industrial Partners 1504 N. Caney Trail Wharton, Texas 77488 Action: Request change in zoning for 42.815 acres from the Light Industrial (LI) and Agricultural (A) zoning districts to the Multi- Family 1 Conditioned (MF-1(c)) zoning district. Location: The subject property is located between Spencer Road and Loop 288, east of the abandoned railroad line, now a Rails-to-Trails. Surrounding Zoning and Land Use: North: Municipal Power Plant, PD-55, some residential use in the Agricultural zoning district. South: Vacant land in the Commercial (C) zoning district. East: Denton Golf Center in the LI zoning district. West: . Commercial use in Planned Development 6 (PD-6). Denton Development Plan: Urban Center Intensity Area #60, SPECIAL INFORMATION The subject property is not currently platted. Plat associated public improvements will include sidewalk along the Spencer Road frontage of the property, on-site fire hydrants, perimeter street paving on Spencer Road, and drainage improvements. There also may be off-site street and drainage improvements as warranted by the level of development. BACKGROUND The subject property was placed in the Light Industrial (LI) and Agricultural (A) zoning districts by Ordinance 69-01 which adopted a new zoning ordinance and map for the City of Denton. a I z FNE ) notices we re mailod on August 2, and again on August 30, 1996. One ceived in favor, one opposed, and one returned as undeliverable from the August 2, notice, Two replies have been received from the August 30, mailing opposed to the request. More than 20% of the land within 200 feet of the site to be rezoned has bean protested by its owners. Six (6) votes of the Council are required to pass a rezoning ordinance. ANALYSIS This request is a rezoning from the Light Industrial (LI) and Agricultural (A) zoning districts to the Multi-Family 1 (MF-1) zoning district. The subject property is currently vacant, and the proposal is to limit development of the site to 208 units through two conditions being requested by the applicant. If the request Is approved without the conditions, the I'l zoning district would allow development of at feast 800 units. Denton Development Plan Policy Analysis Summary Major Activity Center • Development Rating YS Policy POLICY COMMENTS 11th, ,ay Ill CurWrtv,r t,cawnan trcansisuw Intensity Unlimited X Land use diversity, Including high. Housing density is darned in units per acre as density housing, should be low (0.5), medlum (8-less than 12), and high encouraged but new low density (12+). The proposed density Is between 5 613 housing will provide a transition to unityacre, which Is borderline lowlmedium lower intensity adlacent areas but density, however, more than 12 units /acra are also provide transportation balance allowed with MI zoning. X and energy conservation by having housing In close proximity to jobs and services Low density residential areas on the There Is a low donslty residential area on the fringe of these major ach'Aty centers fringe of the Mayor Activity Center, with access should be protected by such to Colorado Boulevard. No site plan Is measures as Intensity gradation, proposed, traffic Issues will be addressed by strict site deslgn requirements, the plat process, landscaping will be required transportation planning and as per the Citys Landscaping, Screening, and implementation, land use balanos Tree Presarvalion Ordinance. and landscaping. Further traffic x planning should ensure that no local residendat streets are utilizad for general circulation to " centers, The Commission has recommended approval of the request without conditions. The applicant has sought to amend the application to include two conditions, that the maximum number of units be limited to 208, and that a 200 foot setback from the power line easement be maintained. As these conditions are both more restrictive, the Council can approve this request with the additional conditions. r ALTERNATIVES 1. Approve as recommended. 2. Approve with requested conditions. 3. Approve with other conditions. 4. Postpone consideration. 5. Deny, ATTACHMENTS 1. Location map. 2. Applicant letter amending application. v i I a • D Lta 0 V 1 • 2203 a~ ell SITE ~ j' ~s n Pw ty~¢-li. \ t ~ ~Er~4~y~(~i~'l~`'JyY -l Z•, r~ x • r aC 0 `ir M s,•ti1 r l \ as ~ 4ii`• a s"~. -Z 'tY 2200 \ d 1 5i?7a _ 9 ~h4 y 1. 7ti s~ 1t'1-.S~t .nE. ~•,y M EL, is ~[,}rw~t fib, ts.r 23 G.,-1' 01 N ~ •Y~ T 22 11 .I 231 l 0 2318 0 0 21 21 8\ / 2124 0 0 0 Ia 1~ r ' 3 5 1 ti r' A4 /14YERS DEVELOPMENT, INC. RESIDENTIAL DEVELOPMENT & MANAGEMENT OCT 22 1996 October 21, 1996 VIA• FA .SIM] F ANN REGU A D MAIL Mr. Frank Robbins, AICP Director of Planning and Development City of Denton 221 N. Elm Denton, Texas 76201 Re: The Waterford Approximately 42 acre tract of land on Spencer Road, Denton, Texas Z-96-025 • Dear Mr. Robbins: First, allow me to express my sincere gratitude for taking the time to visit with us this past Wednesday concerning the above referenced proposed development. Your comments concerning the process utilized by the City of Denton in re-zoning land was invaluable. In addition, the information you provided concerning our proposed development and its impact on the golf center's requirements to initiate site improvements should enable us to obtain their support for our re-zoning petition. Pursuant to our conversation, it is our intention to amend our initial application for zoning. To that end, please find below the revisions hereby requested by M. Myers Development, Inc. to be used by the City of Denton's Planning and Development Department in drafting certain ordinances for the review and approval of the City Council at their November 5, 1996 meeting: I . M. Myers Development, Inc. hereby requests that the zoning ordinance, for the above referenced tract of land, specifically limit the total number of residential housing units allowable to not more than 208; and 2. M. Myers Development, Inc. hereby commits to locate residential buildings at this development at a minimum of 200 feet from the existing overhead power lines which extend from City of Denton Municipal Utilities power plant on Spencer Road directly south across the sabject property to Colorado Blvd. DALLAS: 3100 W K1NNON STREET, SUITE 1060 / DALLAS TEXAS 75201.7003 / (214) 969-7328 / FAX (214) 969 7WJ S F Should you have any further questions and/or comments concerning our proposed development or the statements set forth herein, please feel free to contact me at your earliest possible convenience. Once again thank you for all of your assistance and comments. Sincerely, fident . Myers ii i 4 4 F it J. \WDOC;~ ORD \Z -96-025 ATTACHMENT 2 (Ordinance as recommended without conditions) ORDINANCE N0. F CT AN OINANCE OF THE CITY OF DHE LIGHT INDUSTRIAL (LI)EAND AGRICULTURAL )I ZONING DISTRI FROM T CLASSIFICATIONS ING ACRES DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 42.815 ( ZONING BETWEEN PROVIDING FOR A PENALTY IN THE 288, R AMOUNT OF RAILROAD TRACKS; $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Spencer 2881 Ltd., on behalf of Denton Industrial Partners, initiated a change in zoning for 42.815 acres diof land strict from the Light Industrial (LI) and Agricultural (A) zoning F-1) classifications and use designations to the Multi-Family 1 (.d' zoning district classification and use designation; and WHEREAS, on September 11, 1996, the Planning and Zoning Com- mission recommended approval of the requested change in zoning; and WHEREAS, the City Council finds that the change in coning will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIQN I. That the zoning district classification and use designation of the 42.815 acres of land described in Eyhibit It attached hereto and incorporated by reference, is district changed from the e Light Industrial (LI) and Agricultural (A) 1 MF-1) zoning cations and use designations to the Multi _Family district classification and useedesignation under the comprehensive zoning ordinance of the City of ps is amended to ioxII. That the city's official zoning map show the nge in zoning district classification. snc erson violating any provision of this _ION III. That any p m be fined a sum not exceeding ordinance shall, upon conviction, $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. f cmr9N IV. That this ordinance shall and the effective four--City S teen (14) days from the date of its passag3, is hereby directed to cause the caption of this ordinance newspaper published in the City of Denton, Texas, dthin ten (10) daily of the date of its passage. 9. T 4 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 1 BY: - 0 CHICAGO TITLE INSURANCE COMPANY EXHIBIT I TRACT I BEING a 42.815 acre tract of land situated in Denton County, Texas, and being a portion of the M. L. AUSTIN SURVEY ASST. N0. 4 and J. S. AFT SURVEY, ASST. NO. 1256 and beingq the same tract conveyed to Denton Industrial Partners by General Warrant Deed recorded in Volume 652, Page 71 of the Deed Records of Denton Count yy Texas, said 42.815 acre tract being more particularly described as follows: BEGINNING at a 1/2 inch Iron rod met at the intersection of the northerly right of wayy line of U. S. Highway Number 288 (a variable width right of way with tha easterly right of way line of the M.R.T. Railroad (a 300 foot right of way and 50 feet off the centerline of the tracts)l THENCE with the easterly right of way line of the M.X.T. Railroad and the amoral line of a fence North 40 degrees 25 minutes 00 seconds West, a distance of 2103.32 feet to a vertical railroad rail found for corned 1Tiinne ofdea fence g the KuRth OOtdegieaeline 55ominutesa00 seconds Weat,taedistance of 314.09 feet to a 1/2 inch iron rod set for corner in the south line of a ' public road) THENCE with the general line of a fence and the south line of aaid road, Squth 52 degrees 03 minutes 30 seconds East, a distance of 72.57 feet to a 1/2 inch iron rod not for corner) THENCE departin4 the fence line and crossing said road at an angle, Nor~tth Mdegrees 26 minutes 00 seconds Eaet, a distance of 586.60 feet to a 1/2 h iron rod set for corner) THENCE NortFi 69 degrees 21 minutes 30 seconds East, a distance of 646.84 feet to a 1 2 inch iron rod not for cornerl THENCE crosetn a fence line and aforementioned public road and with the general line o8 a fence on the south side of the road, SoytA 00 degrees 31 minutes 00 seconds Nest, a distance of 428.63 feet to a 1/2 inch iron rod set for cornerl , 000 seconds East, ahdi8tancelof 389.00afeetcto ao1/2 incheiconsrod foundefor corner) THENCE with the 4eneral line of a fence south QQ0 degrees 31 minutes 00 seconds West, a distance of 1299.17 feet to a 1/2 inch iron rod set for corner in the northerly right of way line of U. S. Highway Number 2881 THENCE with the northerly right of way line of U. S. Highway Number 288 and the ggeneral line of a fence, South 61 degrees 16 minutes 20 seconds West, a distance of 338.63 feet to the POINT OF BEGINNING, CONTAINING an area of 42.615 acres of land, more or less. a s a, c P&Z Minutes ATTACHMENT 3 September 11, 1996 BRA Page 2 FT III. Hold a public hearing and consider a request to rezone 42.815 acres from the Light Industrial (LI) and Agricultural (A) zoning district to the Multi-Family I (MF-1) zoning district. The subject property is located between Spencer and Loop 288, approximately 300 feet east of Colorado Blvd. (Z-96-025) Ms. Russell read the rules of procedure for the public hearing and opened the public hearing. Mr. Reeves: This is a rezoning of 42.815 acres from the Light Industrial and Agricultural zoning district to the Multi-Family-1 zoning district. This was originally on the Commission's agenda for August 14th and at that time the applicants weren't quite prepared to be here and they asked that it be postponed until tonight's meeting. The Commission instructed us to do notice again which we did. For the August 2nd meeting we received one reply in favor and one reply in opposition. The reply in favor was from the applicant and the reply in opposition was from the Golf Center. This is in an urban center, a major activity center. The intensity is unlimited. This is consistent with our policies regarding an urban center. With MF-1 zoning and the amount of acreage involved it would be ` possible to get up to eight hundred and forty units on the property. I don't believe that the applicants are proposing to anything near that level. I think they are actually looking at about two hundred and twenty units. Staff recommends approval. Mr. Marvin Myers: My name is Marvin Myers and my address is 3100 McKinnon in Dallas, Texas. 1 brought a layout and site plan of what we are proposing to do. We are proposing two hundred and eight units on the forty acres, so the density is very low. As you can see by the site plan there are recreational facilities. We are trying to tie into your parks program. The entrance is on Spencer. There are four hundred and some parking spaces. This will be a rental development. Mr. Cochran: Of this two hundred and eight units, will they cover the entire property or are you just building on a portion of the property? Mr. Myers: We are doing the whole property and there will be some green area. Ms. Schertz: Do you have any parking set aside for guests? Mr. Myers: We don't have any parking set aside for guests. We could do that if you feel it is needed. We will take that under consideration. Ms. Russell: As 1 understand you are going to build out all of this and it looks like a wonderful plan. Could you give me some square footage for your apartments and what the rental rates might be? Ms. Gamer arrived at 5:18 p.m. Mr. Myers: There are a hundred and four two bedroom apartments and a hundred and four three bedroom apartments. It is primarily for families. That is one of the reasons we didn't increase the density. Mr. Robert Johnston: My name is Robert Johnson and I am also with Myers Development. The /d. a P&Z Minutes September 11, 1996 Page 3 DRAF rents will range around five hundred dollars for a two bedroom apartment and around six hundred for a three bedroom apartment. Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone that would like to speak in opposition to the petition? Mr. Woody Graham: My name is Woody Graham and my address is 1818 Shawnee. I also represent the golf facility at 1710 Loop 288. Our problem with this zoning change is that we were attracted to this piece of property because of the Light Industrial zoning. We have problems with the traffic on Loop 288. We have concerns about security. We chose to build in a non-residential area because we have had problems with security at other golf facilities that we have managed. If you allow the mull-family I don't know how the traffic will be handled. We already have Wal-Mart and Lowe's down the street. Spencer Road is a small country road and I don't know how it could handle this traffic. Mr. Moreno: We are simply approving or not approving the zoning tonight? We are not approving • the site plan? Ms. Russell: Correct. Mr. Moreno: So he could change his site plan after he gets the zoning? Mr. Robbins: He wouldn't have to come back, he would just take his site plan to the Building Inspection Department. That site plan that would meet the standards of the MF-l district. The Planning and Zoning Commission would not review that. It would have to meet the standards for the MF-l district concerning the number of units and the amount of open space that is required, setbacks, lot coverage, height. They are not required to submit a site plan. Ms. Russell: Is there anyone to speak in opposition? Would the petitioner care to speak in rebuttal? Mr. Myers: We would be very happy to be restricted to two hundred and eight units. We met with a committee out here preliminarily and there was discussion that we should enter from Spencer Road. There was discussion that we would be asked to make some improvements to Spencer Road, at least on our side of the street. I don't 4now what other requirements might be necessary but that is where we are at. Ms. Russell: We will close the public hearing. Any final remarks? Would you please address the traffic issue here? Mr. Reeves: The property is not platted so the applicant will have to plat the property before they can get building permits. Any street improvements that would be associated with the property will come with the platting process. There will be perimeter street paving required along the frontage of the property. I think Mr. Salmon will be looking at some further improvements to Spencer Road that are off site, possibly at both intersections meaning Spencer and Loop 288, and Spencer and Colorado. There will also be other public improvements such as drainage, sidewalks, fire hydrants, water and sewer lines. The applicant is aware that access will have to be on Spencer Road. They are aware that /.i 6 P&Z Minutes September 11, 1996 Page 4 DRE there are public improvements associated with this piece of property. If you are interested in limiting the number of units allowed then you can do that because it would be more restrictive than what is currently allowed. Mr. Moreno: Compare the intensity of the Light Industrial zoning to the Multi-Family that is proposed with the two hundred and eight units. Mr. Reeves: This site is forty-two acres and the intensity would depend on the type of Light Industrial use and the size of the buildings. As a comparison, a multi-family unit generates eight trips per day, so for eight hund.md units you will have around seven thousand trips per day. For the Light Industrial use the Denton Development Plan assigns that at six hundred and fifty trips per acre. I think there is clso a number based on the square footage, so much per thousand square feet, which is around a hundred. Mr. Robbins: The Light industrial zoning district allows all of the non-residential uses up to light industrial use to include those uses that generate the most traffic like a big Wal-Mart. That will generate more traffic per square foot than almost anything and that is allowed in a Light Industrial zoning district. Multi-Family is a less intense, it generates less traffic than the uses that would be allowed in U. Ms. Russell: What is the required parking for something like this? Mr. Reeves: For a Multi-Family one bedroom unit our ordinance requires one and one half spaces. For a two bedroom unit our ordinance requires one and three quarters spaces. For a three bedroom or larger unit our ordinance requires two spaces. For an efficiency unit it is one and one quarter spaces. Ms. Russell: So he is really exceeding the required spaces by having two spaces per unit. Mr. Cochran: It is rare to see an apartment complex that looks like a great thing to me and this one is really one of the best that 1 have seen come before us. It is also nice to see three bedroom apartments for families. I plan on voting in favor of your proposal. Ms. Gamer: I move we recommend approval of this request to rezone 42.815 acres from the Light Industrial and Agricultural zoning districts to the Multi-Family-1 zoning district. Mr. Cochran: I'll second. Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (6-0) IV. Hold a public hearing and consider a request to rezone 1.511 acres from the Single Family 7 (SF-7) zoning district to the Planned Development (PD) zoning district and consider a detailed plan. The land is located on the west siee of Mingo, approximately 200 feet south of Withers. (Z-96-030) Ms. Russell opened the public hearing. ATTACHMENT 4 (Draft ordinance reflecting amended application with conditions) _-035 ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE LIGHT INDUSTRIAL (LI) AND AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATIONS AND USE DESIGNATIONS TO THE MULTI FAMILY 1 CONDITIONED (MF-1[c)) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 42.815 ACRES OF LAND LOCATED BETWEEN SPENCER ROAD AND LOOP 288, EAST OF THE RAILROAD TRACKS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. i WHEREAS, Spencer 288, Ltd., on behalf of Denton Industrial Partners, initiated a change in zoning for 42.815 acres of land from the Light Industrial (LI) and Agricultural (A) zoning district classifications and use designations to the Multi-Family 1 Conditioned (MF-i[c)) zoning district classification and use designation; and WHEREAS, on September 11, 1996, the Planning and zoning Commission recommended approval of a change in zoning from to the Multi-Family 1 (MF-1) zoning district, and WHEREAS, the applicant's have sought to amend their application by adding conditions that are more restrictive to the already recommended Multi-Family 1 (MF-1) zoning district (Exhibit 1), and WHEREAS, the city Council Finds that these conditions are more restrictive and the change in zoning to a Multi-Family 1 Conditioned (MF-1(c)) zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: Section I. That the zoning district classification and use designation of the 42.815 acres of land described in Exhibit 2, attached hereto and incorporated by reference, is changed from the Light Industrial (LI) and Agricultural (A) zoning district classifications and use designations to a Multi-Family 1 Conditioned (MF-i(c)) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following conditions: 1. That the maximum number of dwelling units shall not exceed 4.86 units per acre. 2. That a two-hundred foot (2001) building setback be maintained from the power line easement which runs through the subject property. Section II. That the City's official zoning map is amended to show the change in zoning district classification. Js; R Section III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceeding $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. Section IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a daily newspaper published in the city of Denton, Texas, within ten (10) days of, the date of its passage. PASSED APPROVED this the day of 1996. Jack Miller, Mayor ATTEST: JENNIFER WATERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Agenda No. I -4S/ Agenda Item ORDINANCE NO. Date- _ S' 9& AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of fluids to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SEOTI N1, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM NUMBER KO- VENDOR AMOUNT 1952 1 PREFERRED S 4,170.00 1952 2,5,6,7,8,10 TECHUNE $55,917.36 1952 3,4 PRIESTER $25,430.00 1952 9 WESCO $12,500.00 SECTION-11. That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in th ° Bid Invitations, Bid Proposals, and related documents. SECTION-1I1. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. i 3 . SEC1LQX1Y. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SEMOX-V, That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of _ , 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SUPPLYDRD 2 C } DATE: NOVEMBER 5, 1996 CITY-COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID #1952 - DISTRIBUTION TRANSFORMERS RECOMMENDAUOiN: We recommend this bid be awarded to the lowest evaluated bidder for each item as listed: ITEM(S) YENDOR TOTAL AWARD I PREFERRED $ 4,170.00 2,5,6,7,8, I0 TECHLINE $55,917.36 3,4 PRIESTER $25,430.00 9 WESCO $12,500.00 For a total expenditure of $98,017,36, SUMMARY: This bid is for the purchase of distribution transformers which will be used in new residential developments or as replacements for existing transformers and for safety stock. These transformers are evaluated by load loss to show the least expensive to operate over a period of time. Eight bid proposals were received in response to twenty-one bid packages mailed to vendors. BACKGROUND; Tabulation Sheet, Memorandum from Don McLaughlin dated October 1, 1996, PROGRAM. , DEPAR_TMENTS9ROROUPKAFEECTED: Electric Distribution, Electric Utilities Department, Electric Customers of the City of Denton. FISCAL IMPACT: Budgeted funds for Electric Distribution 1997, account #610-103-1031.3680- 9222. Respectfully submitted: Ted Benavides City Manager Prepared by: Name: Denise Harpool Title: Senior Buyer Approved: C Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 789. AGQWA 3 6 r F DID 0 1952 BIDNAMF DISTRIBUTION TECHLINE PERFERRED CUMMINS VAN KBS WESCO PRIESTER TEMPLE TRANSFORMER SALES TRAM ELECT OPEN DATE 9-24-% IND / - QTy _DFSCRIYfiON _ VENDOR_ VENDOR.... . VENDOR _ VENDORVENDOR _ VENDOR- VENDOR _ VENDOR TRANS. 25KVA 120/240 1. SEA PADMOUNTLOOPFEED 5880.61 5831.00 51,13500 _ 5915.00 --__--5909100 ,--_---5897.00 $1,047.00 TRANS. 50 KVA 120/240 120.00 2. 5 EA PADMOUNT LOOP FEED _ SI o02.04 _ SI,O)5.00 31307.00 (1,060.00 _ ;1,126.00 1,04500 $i, TRANS. 75 KVA 1201M IO EA PADMOUNT LOOP FEED SI 283.68 S! 29800 51,;37.00 --51,140.00 51,213.00 --_;1,123.00 $1,524.00 TRANS. 100 KVA 120/240 4: 10 EA PADMOUNT LOOP FEED 51,14082 $1,410.00 S1,807.00 - 31,446.00 11345.00 S1,430_00 _ $1 54J~00 - - TRANS. 150 KVA 120/208 - 54,437.00 54,134.00 57 860_00 - 54,093.90 54,71;.00 S 3 FA PAD. LOOP FEED 3 PHASE S3,T18J7 S3.794.00 TRANS 500 KVA 3771480 6. 1 EA PAD. LOOP FEED 3 PHASE - ---5654184 56 709 00 S8,O13.00 S6 720.00 56461.00 56.636_00 $69_0 TRANS. 750 KVA 2771480 _ 510 811.00 $9,042.00 $8 700.00 58950.00 _ 511 362.00 7. I EA PAD. LOOP FEED 3 PHASE 58,474.49 S8 586 00 TRANS. 1000 KVA 2771480 8. 2EA PAD. LADDPFEED 3PHASE 59970.41 59,68100 - 13.054`00 ;10,940.00 510,500.00 516,831-00 51)8%.00 TRANS. 1500 KVA 277!480 9. I EA PAD. LOOP FEED 3 PHASE _ 513330.62 512,488.00 - 516989.00-__ 114,)79.00 f12,S80.4 514 2))OO- _ $17356.00 TRANS. 3000 KVA 2771180 10. l EA PAD. LOOP FEED3 PHASE $14,765.31 516,80900 521846.00 516648.00 ;16;00_06 - --_516174_00 ;1314®6.®0 NOBIb - - - - - POWER SUPPLY - - - - - - - - DELIVERY 8-low 8.9W 42 DAYS 77 DAYS 12.14W 7.14W 110 DAYS 98 DA - 1-9-21-W I~ r x, To: Denise Harpool, Senior Buyer From: Don McLaughlin, Senior Engineer Electric Engineering Date: October 2, 1996 Subject: Evaluation of Quotation on 'Did # 1952 Locations i The single phase padmounted transformers are for Oakmont 11 and other developments that City staff is talking about at the Developmental Review Committee. The 150 KVA 120/208 volt padmounted transformers are to maintain stock for maintenance and operation. The 500 KVA 277/480 volt padmounted transformers is for the expansion of the Denton County Juvenile Detention Center. The 750 KVA 277/480 volt padmounted transformers is to replace the transformer the City sold to Acme Brick. The 1000 KVA 277/480 volt padmounted transformers is for the Denton County Criminal Justice Center. The 1500 KVA 277/480 volt padmounted transformers is for the Denton Independent School District's new • middle school on Londonderry. The 2000 KVA 277/480 volt padmounted transformers is to replace the transformer being used for the Denton Distribution Center on Airport Road. Addition Please add one 1,000 KVA 277/480 volt transformer to the purchase. The 750 KVA 277/480 volt transformer at Safety Klean is to be changed out in November with a 1,000 KVA transformer. Sincerely, DonaldMcLaughlin { ? Attachments: I. Exhibit I, Loss / Cost Evaluation II. Exhibit II, Total Cost 5 A f EXHIBIT I FOR BID 1952 PAGE 1 ~I Item 1: Loss ! Cost Evaluation of Five 25 KVA, 120240 Volt Padmounted Loop Single Phase transformer I MADE NL LIL TL BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS I Cummins Kuhlman 66 254 320 $1,125 $5,411 42 i KBS 65 217 282 $915 $4,538 9B Preferred Central 76 219 295 $834 54,365 56 Priester Cooper 65 217 282 $897 $4,477 110 Techllne Howard 78 241 319 $881 $4,630 70 Temple GE 67 278 345 $1,047 $5,255 t12 WESCO ABB 60 276338 $909 $4,722 98 LOW SID $4,365 Item 2: Loss 1 Cost Evaluation of Five 50 KVA, 1201140 Volt Padmounted Loop Single Phase Transformer MADE NIL LL TL BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS Cummins Kuhlman 104 477 581 51,303 $7,258 42 KBS 91 x10 571 $1,060 $6,341 98 l Preferred Central 115 414 529 51,035 $6,181 83 Prlester Cooper 91 480 571 $1,045 $6,290 110 Techlins Howard 123 415 538 51,002 $6,141 70 Temple GE 718 626 742 $1,120 $7,360 112 WESCO A8B 95 435 530 $1,128 $6,410 98 LOW BID $6,141 Item 3: Loss 1 Cost Evaluation of Ten 75 KVA, 120240 Volt Padmounted Loop Single Phase Transformer MADE NIL LL TL BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS Cummins Kuhlman 142 834 778 $1,523 $8,972 42 KBS _ 151 829 780 $1,140 $7,732 98 Preferred Central 192 454 646 $1,298 $7,676 56 Priester Cooper 151 629 760 $1,123 $7,874 110 Techline Howard 154 557, 711 $1,284 $7,942 70 Temple GE 139 668 607 $1,524 $9,092 112 IN Temple ABB 142 672 814 $1,215 $6,089 98 LOW BID $7,674 6 is Y EXHIBIT I FOR BID 1952 PAGE 2 Item 4: Loss ! Cost Evaluation of Ten 100 KVA, 120/240 Volt Padmounted Loop Single Phase Transformer MADE NIL LL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS Cummins Kuhlman 193 649 842 $1,607 $10,419 42 KBS 198 686 $62 $1,446 $9,378 98 Preferred Central 216 623 839 $1,470 $9,364 56 Priester Cooper 196 686 682 $1,420 $9,291 110 Techline Howard 206 708 914 $1,441 _ $9,543 112 Temple GE 186 999 116° $1,543 $10,927 112 WESCO ABB 167 939 1108 $1,345 $9,849 96 LOW 810 0 $9,291 Item 5: Loss / Cost Evaluation of Three 150 KVA, 120208 Vott Padmounted Loop Three Phase Transformer MADE NIL LL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS 413 1207 1620 $4,134 $21,236 98 Preferred Peuwele 283 1553 1836 $3,794 $20,099 63 Printer Cooper 413 1207 1620 $4,092 $21,094 110 TechGne Howard 309 1224 1533 $3,718 $19,018 147 Temple GE 84, 1595 1679 $4,745 $21,788 63 Van Tran Van Tran 350 1520 1870 $4,437 $22,726 77 WESCO ABB 304 1467 1771 $3,860 $20,224 63 LOW BID $19,018 Memo: Loss /Cost Evaluation of One 500 KVA, 277/480 Volt Padmounted Loop Three Phase Transformer MADE NIL LL TL BID CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS 961 3066 4027 $6,720 $40,428 98 Preferred Pauwele 648 3337 3985 $6,709 $38,641 63 Pdester Cooper 961 3066 4027 $6,656 $40,212 110 TechGne Howard 843 2855 3798 $6,542 $38,491 147 Temple GE 164 4837 4821 $6,948 $39,699 63 Van Tran Van Tran 820 4000 4820 $8,013 $46,581 77 WESCO AB8 741 3449 4190 $6,461 $38,932 63 LOW BID $38,491 7 c . ~i C t, EXHIBIT I FOR BID 1952 GE 3 ftem T Lose /Cost Evaluation of One 750 KVA, 2771480 Volt Padmounted Loop Three Phase Transformer MADE NL LL TL BID CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS 1081 5278 8357 59,042 $56,274 gg Preferred Pauwels 881 5574 6455 $8,586 $54,008 83 Priester Cooper 1081 5276 6357 58,950 555,983 f 10 TechBne Howard 1167 4311 5478 58,474 552,017 147 Temple GE 315 4484 4799 $11,262 $54,8F7 63 Van Tran Van Tran 1020 5900 8920 $10,817 $63,740 77 WESCO ABB 1074 5034 6108 $8,700 $54,293 84 LOW BID 552,017 Item 8: Loss/ Cost Evaluation of One 1,000 KVA, 277/480 Volt Padmounted Loop Three Phase Transformer MADE NIL LL TL BID CAL. DELIVERY BIDDER 8Y LOSSES LOSSES LOSSES COST COST DAYS KBS 1363 6822 8185 $10,940 $69,933 98 Preferred Pauwels 1044 7749 8793 $9,681 $65,955 63 Priester Cooper 1363 6822 8185 $10,831 $69,565 110 Tech6ne Howard 1417 5577 6994 $9,970 $63,164 147 Temple GE 423 5484 5907 $13,896 $67,858 63 Van Tran Van Tran 1270 7800 9070 $12,054 $76,020 77 WESCO ABB 1319 5916 7235 $10,500 $65,211 84 LOW 810 563,164 Rem 9. Loss / Coat Evaluation of One 1,500 KVA, 2771480 Volt Padmounted Loop Three Phase Transformer MADE NL LL TL ND CAL DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS 1941 9405 11346 $14,3713 $94,551 98 Preferred Pauwefa 1145 10674 11819 $12,488 $85,545 83 Prlester Cooper 1941 9405 11346 $14,233 $94,058 110 Techline Howard 1693 6310 10203 513,331 $87,141 147 Temple GE 554 8891 9245 $17,356 $90,798 Van Tran Van Tran 1880 10050 11930 63 WESCO ABU 1910 8553 10463 $12,9500 $$85,244 77 84 LOW BID S85,244 8 CC R EXHIBIT i FOR BID 1952 PAGE4 Rem 10: Lose 1 Cost EveluOon of One 2,000 KVA, 2771480 Volt Padmounted Loop Three Phase Transformer MADE NL LL TL 810 CAL. DELIVERY BIDDER BY LOSSES LOSSES LOSSES COST COST DAYS KBS 2430 12155 14685 $16,648 $115,318 98 Preferred Pauwels 1888 12422 14310 $16,809 $111,875 63 power Cooper 2430 12255 14685 $16,479 $114,747 110 TechGne Howard 2424 11640 14064 $14,765 $106,958 147 temple GE 744 10508 11252 $23,406 $118,581 63 Van Tran Van Tran 2310 13600 15910 $21,846 $136,148 77 WESCO ABB 2098 11586 13864 $16,500 $109,934 84 [LOW BID $106,958 9 s F G , EXHIBIT fl FOR BID 1952 ITEM DESCPJP71ON QUANTITY DISTRIBUTOR MANUFACTURER PRICE TOTAL ITEM 1 25 KVA 12012401 Phase UG 5 Preferad Central 5834 $4,170 ITEM 2 50 KVA 120/2401 Phase UG 5 Techine Howard $1,002 $5,016* ITEM 3 75 KVA 120!2401 Phase UG 10 PdWer Cooper $1,123 $11,230 ITEM 4 100 KVA 120(2401 Phase UG 1 PdWer Cooper $1,420 $14,200 ITEM 5 150 KVA 120/2401 Phase UG 3 Techine Howard $3,718 $11,164 ITEM 6 500 KVA 2771480 3 Phase UG 1 Techine Howard $6,542 $6,542' ITEM 7 750 KVA 2171480 3 Phase UG 1 Tschine Howard $8,474 $6,4741 ITEM 8 1000 KVA 2771480 3 Phase UG 1 Techine Howard $9,970 $0.970, ii ITEM 9 1500 KVA 277/480 3 Phase UG 1 WESCO AN $42,500 $12,600 ITEM 10 2000 KVA 2771480 3 Phase UG 1 Techine Howard $14,765 $14,765 GRAND TOTAL $98,015 ~ H:WOMEIE ENG3ITRANM1952181952.WK3 02.Od-96 11:05 AM 10 3 ff!!f Apenaa ivb, ~e -OAS Agenda Item Date ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 96-120 RELATING TO THE AWARD OF BID NUMBER 1889 FOR THE PURCHASE OF AN AMBULANCE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City on May 21, 1996 authorized the purchase of an ambulance from Reliable Emergency Vehicles, Inc. per Ordinance No. %-120; and WHEREAS, the City desires to purchase an additional ambulance pursuant to the terms of Bid Number 1889 and Reliable Emergency Vehicles, Inc. is agreeable to selling an ambulance; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS; SECTION-L That Ordinance No. %-120 is hereby amended to provide for the purchase of one (1) additional ambulance pursuant to the terms of Bid Number 1889. SE.CTiOXM That Bid Number 1889 is hereby amended to provide for additional compensation of S99,387.00 payable to Reliable Emergency Vehicles, Inc. Under this ordinance. SECTIOXU That the funds for this amendment are to be expended from the City's Motor Pool Replacement funds approved by the City Council in the 1996-1997 Budget. SECTIONIV. 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: _ 04S.ORD 1 r a w, DATE: NOVEMBER 5,1996 CITY CQUNCU,RERORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID # 1889 - AMBULANCE RECQMMENDATIO.X: We recommend that Ordinance #96-120 approved by Council on May 21, 1996, be revised to add one additional ambulance to be purchased from Reliable Emergency Vehicles, Inc. as the lowest bidder in the amount of $99,387.00, not including the Telma brake retarder option. SUMMARY; The purchase of an ambulance was approved by Council in the 1996/97 budget process. It is a motor pool replacement for an existing unit. The old B ambulance is no longer economical to maintain as a part of our emergency response fleet. By awarding this third unit to Reliable Emergency Vehicles, Inc. we will have three new identical units ` in our ambulance fleet. We are also reasonably assured of a lesser price by utilizing prices bid approximately 6 months ago versus current offerings. Reliable Emergency Vehicles, Inc. has agreed to hold their bid prices firm through November 30, 1996. BACKGROUND. Ordinance #96-120, Offer and acceptance letter dated August 12, 1996. PROGRAMS.DEPARTMENTS-OR-GROUkSAFFECTED: Fire Department EMS Division and Motor Pool Operations. FISCALIMP_ ACT The purchase of this unit will be funded from Motor Pool Lease Funds and repaid by the Fire Department budget over a 36 month period. Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 785.AGENDA 2 I t♦ " l ORDINANCE NO. ~O AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described bids are the lowest responsible bids for the materials, equipment, supplies or services as shown in the "Bid Proposals" submitted therefore; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION r, That the numbered items in the following numbered bids for materials, equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: BID ITEM MlIS M Na YF,NDOR AMMM 1887 ALL ACTION IMPORTS S 17,823.68 1889 ALL RELIABLE EMERGENCY VEHICLES INC. $198,774.00 SECTION Ir, That by the acceptance and approval of the above numbered items of the submitted bids, the City accepts the offer of the persons submitting the bids for such items and agrees to purchase the materials, equipment, supplies or services in accordance with the terms, specifications, standards, quantities and for the specified sutras contained in the Bid Invitations, Bid Proposals, and related documents. SECTION lU. That should the City and persons submitting approved and accepted items and of the submitted bids wish to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the bids, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Bid Proposal and related documents herein approved and accepted. 3 r 8 SECT MN I V. That by the acceptance and approval of the above numbered items of the submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amQunt and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as authorized herein. SEMO N V. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED thisoll-t day of, 1996. JAC LLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. . APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: t, YZ SUP YARD 4 S ::1G Sr F y ~i CITY OF DENTON TEXAS MRE DEPARTMENT August 12, 1996 Mr. Glen Pratt, President Reliable Emergency Vehicles, Inc. 303 Industrial Boulevard Commanche, Texas 76442 Dear Mr. Pratt: Pending final approval of the budget in September, we are budgeted to purchase one new ambulance in the 1996-97 fiscal year. We would like to purchase this unit from Reliable Emergency Vehicles, Inc., on the same bid as the two units purchased during this fiscal year. ',.'e wish to keep the purchase price of 599,387 for the ambulance and $5,415 for the Telma brake retarder. This purchase will be awarded in early October with a delivery date to be on April 1, 1997. Please sign and return this document as evidence of your commitment to this letter of intent. If you have any questions, please call. Thank you for your assistance. CS ncerely, fames R. Thomason Deputy Fire Chief Reliable Emergency Vehicles, Inc., as an agent of Marquee, Inc., the ambulance manufacturer, agree to hold the price of the above mentioned ambulance until November 30, 1996. s Glen Pratt, reslden Reliable Emergency Vehicles, Inc. 217 WEST McKINNEY STREET DENTON, TEXAS 76201 OFFICE (817) 566.8110 FAX (817) 666 4109 i j Agenda Mo. ~f7~5 Agenda Item Date ORDINANCE NO. AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD OF CONTRACTS FOR PUBLIC WORKS OR "ROVEMENTS; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHERE.-.S, the City has solicited, received and tabulated competitive bids for the construction of public works or improvements in accordance with the procedures of STATE law and City ordinances; and WHEREAS, the City Manager or a designated employee has received and recommended that the herein described bids are the lowest responsible bids for the construction of the public works or improvements described in the bid invitation, bid proposals and plans and specifications therein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIONI. That the following competitive bids for the construction of public works or improvements, as described in the "Bid Invitations", "Bid Proposals" or plans and specifications on file in the Office of the City's Purchasing Agent filed according to the bid number assigned hereto, are hereby accepted and approved as being the lowest responsible bids: BID NUMBER CONTRACTOR AMOUNT 1943 JONES AND JEFFERY CONSTRUCTION CO. $ 31,070.00 SECTIONII. That the acceptance and approval of the above competitive bids shall not constitute a contract between the City and the person submitting the bid for construction of such public works or improvements herein accepted and approved, until such person shall comply with all requirements specified in the Notice to Bidders including the timely execution of a written contract and furnishing of performance and payment bonds, and insurance certificate after notification of the award of the bid. SECTION-M. That the City Manager is hereby authorized to execute all necessary written contracts for the performance of the construction of the public works or improvements in accordance with the bids accepted and approved herein, provided that such contracts are made in accordance with the Notice to Bidders and Bid Proposals, and documents relating thereto specifying the terms, conditions, plans and specifications, standards, quantities and specified sums contained therein. 1'p h: w C • rSFMONIY. That upon acceptance and approval of the above competitive bids and the execution of contracts for the public works and improvements as authorized herein, the City Council hereby authorizes the expenditure of funds in the manner and in the amount as specified in such approved bids and authorized contracts executed pursuant thereto. SEOTIONY. 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:-- 2 r G k DATE: NOVEMBER 5, 1996 CIT]LC_QUNaL REEOR TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: BID #1943 - CITY COUNTY DAY NURSERY KITCHEN RENOVATION BEOO :NDATIOM* We recommend this bid be awarded to the lowest bidder, Jones and Jeffery Construction Co., in the amount of $31,070.00. SUWIARYt This bid is for renovation of the kitchen area of the City County Day Nursery located at 1603 Paisley, Denton, Texas. The project includes demolition, cabinets, range :,ood, painting, flooring, plumbing, electrical, as well as equipment such as stove, refrigerator and freezer. BACKGROIND;- Tabulation Sheet PR) . A W, I) P RIW,14TS_OR GROUS AFEKCTED. Day Nursery services, and those citizens utilizing the City County Day Nursery facilities. FISCAL IMPACT: This is a Community Development Block Grant (CDBG) funded renovation project. Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 7A4.AGMA I 3 d tl BID N 1943 IBID NAME CITY COUNTY DAY NURSERY JONES& DBR KITCHEN RENOVATION PROD. JEFFERY CONSTRUCTION OPEN DATE AUGUST 29,1996 N QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR TOTAL BID AWARD S31,090.00 S39,299.00I BOND YES YES { f r i II i ~ i f ~ try 1 I I 4 m } Agenda No.~~~~ nnO Agenda Item Pate ll S' 9~ ORDINANCE NO. AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES BY THE STATE; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Resolution 92-019, the State Purchasing General Services Commission has solicited, received and tabulated competitive bids for the purchase of necessary materials, equipment, supplies or services in accordance with the procedures of state law on behalf of the City of Denton; and WHEREAS, the City Manager or a designated employee has reviewed and recommended that the herein described materials, equipment, supplies or services can be purchased by the City through the General Services Commission programs at less cost than the City would expend if bidding these items individually; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the materials, equipment, supplies or services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the numbered items in the following numbered purchase order for materials, equipment, supplies, or services, shown in the "Purchase Orders" attached hereto, are hereby accepted and approved as being the lowest responsible bids for such items: PURCHASE ORDER VENDOR AMOUNT 70307 IBM $ 19,622.40 70826 IBM $103,105.00 SECTION 11. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the General Services Commission for such items and agrees to purchase the materials, equipment, supplies or services in accordanco with the terms, conditions, specifications, standards, quantities and for the specified sums contai,ied in the bid documents and related documents filed with the General Services Commission, and the purchase orders issued by the City. 1 x 4 x SECTION 11 That should the City and persons submitting approved and accepted items set forth in the attached purchase orders wish to enter into a formal written agreement as a result of the City's ratification of bids awarded by the General Services Commission, the City Manager or his designated representative is hereby authorized to execute the written contract which shall be attached hereto; provided that the written contract is in accordance with the terms, conditions, specifications and standards contained in the Proposal submitted to the General Services Commission, quantities and specified sums contained in the City's purchase orders, and related documents herein approved and accepted. SECTION-IV. That by the acceptance and approval of the above numbered items set forth in the attached purchase orders, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved purchase orders or pursuant to a written contract made pursuant thereto as authorized herein. SEC XY. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBE[(T L. PROUTY, CITY ATTORNEY BY: STATEARDINANCE 2 i M F DATE: NOVEMBERS, 1996 CjTy-COUNCH REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: PURCHASE ORDER # 70307 TO IBM REOQDTME~IDATIOrIt We recommend Purchase Order #70307 to IBM be approved in the amount of $19,622.40. &WdM"Yt This purchase order is for the acquisition of two IBM RISC 6000 computer workstations for Utility Engineering including 12 months onsite maintenance. These units will enhance the current GIS hardware and software. The pricing for the two units is from the State of Texas Purchasing General Services Commission and therefore complies with all bidding requirements. BAC'KGROLI]yD; Purchase Order #70307, Quote from IBM. PRODRAMS.DEPARTWMS_ORIGROUPSAFFECTED. Utility Engineering, GIS Program. FISCALI;MPACT. Funds for these computer systems were approved in the 1996/97 budget process, account #437-036-0176-9103. Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 7B3.ACENDA 3 4S V z ` 110ICIIASE 014ULR NO: '111 107 THIS IS A xxX 011'1 taalillef 1friml M1I+o+x all all CONFIRMING ORDER muicos, d(Owwy slips, casos, 11F MARKED) ctns., boxes, packing slips and bills. . DO NOT DUPLICATE ' Req No Bid No: Date. 10 10 96 Page No. O1 PURCHASING DIVISION 1901 01a TEXXAS SONf T~X~SEXAS 76201-4354 8171383-7100 D/FW METRO 8171267-0042 FAX 8171383-7302 VENDOR IBM CORPORATION NAME/ HLTH/B/MFG/INS DELIVERY CONFIRMATION ONLY C13 ADDRESS 1605 LBJ FREEWAY ADDRESS UTILITY DEPT-SERVICE CENTER DALLAS TX 75234 901 B TEXAS ST DENTON TX 76201 VENDOR NO. 11149000 DELIVERY QUOTED 11 30 96 FOB DESTINATION BUYER TS TERMS ~ rv'. n' w y~O~ ~ i'.. " , , N. :?Y iG , . ~ i 'yS . ✓t'v S^.cxf'^ y wsi' ` k ,nM 001 2.00 EA VENDOR CAT. 1 N / A MFG NAME 9.811.200 19,622.40 CITY # 20513 IBM RS1&000 MODEL 43P, INTEGRATED SCSI-2 CONTROLLER, L2 CACHE, INTEGRATED ETHERNET ADPATER, INTEGRATED AUDIOr 4X SPEED CD-ROM DRIVE, 1.44NB 3.5" DISKETTE DRIVE, 3 BUTTON MOUSE, POWER OXT250P GRAPHICS ADAPTER, P200 COLOR We MONITORr 1.208 DISK DRIVE, 128MB MEMORY, AIX4.2 PRELOADED AND ON CD, ALL REQUIRED CABLES, ONE YEAR ON-SITE MAINTENANCE AND INTEGRATED E15 GRAPHICS ADAPTER. P .GE TOTAL s 19,622.40 GR ND TOTAL s 19,622.40 01 437 036 017G 9103 19,622.40 VFAIDOR INSTflUCT10N:.' 3 Terms -Net 30 re^'•'• o"""'•• •P•°'n.aJ 1. Send original Invoice with duplicate copy.: 4. Shipping instructions: F.O.B. Oestinetion prepaid ar a , .o.,w,..,.. r.at L Bill to - Accounts Payable S. No federal or state sales taa shell be included 115 E McKinney St in prices billed care sing Division VENDOR-ORIGINAL Dento.....TX 16201 4199 V4 F r1 To: Dave Dickey Fran: Lloyd Newton 11.11.36 7:92 a Page 2 of 3 1 ILAST RESTORED FILE m 197472AI IUSERIO • INEWTONII OCT 34, 1936 14:35 Proposal Usage IBM program mlsasified for Proposal Usage may be used by IBM 4ersonmal to support marketing recommendations that resu k In proposals or IBM equipment, programs, and leese or purchase plan offerings, or lc ravslldato such proposals. Reports generated by these programs say ba Included directly in proposals or praaentations, ' foci 11, 1996 14:35 CITY DENTON 7248-132, 128Me, I.2GB PACE 6 GRT25IP. Peel. THE FOLLOWING ADDITIONAL FEATURES ARE PART OF THE 7248 BASE SYSTEM. THERE RAE NO FEATURE: CODES FOR THESE FEATURES, SO THEY 00 NOT APPERR IN THE CONFIGURATION REPORT. INTEGRATED SCSI-2 CONTROLLER L2 CACHE- INTEGRATED {IS GRAPh1CS ADAPTER - INTEGRATED ETHERNET ADAPTER - INTEGRAIED AUDIO - OUAD SPEED CD-ROM DRIVE-•- 1.49Ma 3,S INCH DISKETTE DRIVE- 3 BUTTON MOUSE - IOcT II, 1998 14:35 CITY DENTON 7248132, IWO, 1.268 PAGE 1 GAT25IP, PZIe, UNIT HDL/FC DESCRIPTION ITY PURCHASE NAINT. MONTHLY 7248.132 RISC SYSTEM/8111 43F SERIES 1 51II.IIP 51.11 -2891 Ion PAR GNTISIP GR AOR- I 1211.11P H/O -3614 IBM Fell COLOR MONITOR- I 2861.IIP 31.11 9183 32MB MEMORY SIMN - 2 2561.81P N/O 4185 64NO MEMORY $EL FROM 16MB- 1 1921.e1P AID 4238 DOC IS-?IN TO 1303 DISPLAY CIL I 118.11P 1/0 5115 PREINSTALL 1 NC NC 93#3 LANGUAGE GROUP SPECIFY-US 1 MC NC 9311 fit/311-KEY ENNKEYBOARO-US I NC NC 9396 1.2GI 1 H DISK OR - 1 NC AC 9986 LINE CORD SPECIFY-U8 1 NC MC 13441.100 $1,014 VFA DISCOUNT . 27 PCT •3628.81 asmMACHINE TOTALesa 9611.21m 81.110 HARDWARE TOTALS 9111.210 .........................................................TOTALS................... HARDWARE PURCHASE TOTAL 9811.?IN MONTHLY MAINTENANCE CHARGE TOTAL el.elm foci It, 1936 14:35 CITY DENTON 7248.132, 128MB, 1.20 PAGE 2 GKTISOP. Pell, CUSTOMER FINANCING ALTERNATIVES In addition to the prices stated above, IBM Credit Corporation financing programs are offered for most IBM machines, Related financing ouch is LPM, IMO, other IBM onrtime charges nay else be included under Toro tiesa or Instalment Psyaent Master Agreements. TERM LEASES • 3, 4, or S Vier tern for most machines 5 • Flmed monthly Pawn into T S t♦ , DATE: NOVEMBER 5, 1996 CITY_COUIICIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: PURCHASE ORDER # 70826 TO IBM RECOMMENDAT]ION. We recommend Purchase Order #70826 to IBM be approved in the amount of $103,105.00. SUNW"Y: This purchase order is for the annual lease payment on an IBM 9221-191 Mainframe Computer/Processor with disc drives, integrated communications adapter and three (3) 19.2 communication lines. This unit will replace our older model 4381 mainframe for a three year interim time period while the new computer systems are implemented. The new unit will be 2-3 times faster than the existing system and can be acquired for no additic nal cost over the old unit. IBM is currently bundling software and hardware maintenance cost with hardware purchase pricing allowing them to quote lesser prices on the new State General Services Commission Contract. 4 The pricing for this lease is from the State General Services Commissions Catalogue pricing. Information Services Advisory Board recommends approval. BACKGROUNM Purchase Order #70826 to IBM, Minutes from Information Services Advisory Board of June 12, 1996, quotations form IBM. PR )GRAMS~DEPARTMENIS-OR-GROUPS.AFEKCTED: Information Services Divis,,n, all users supported by mainframe processor. FISCALIMPACT: Funds to enter into this lease and make the first year's payment are available in the 1996/97 budget, account # 100-044-0080-8509. Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 782. AGMA 6 r b t F a it PURCHASE ORDER NO: '10B26 HI$ 15 A 11113 11Lanl,0r MMI app021 on all CI)WTIRM114 ORDER invoices, del ven y ships, cases, . (IF MARKED) tins., boxes, packing stops and bills. DO NOT DUPLICATE ` Req. No: t Bid No: Date: 10 21 96 Page No. 01 PURCHASING DIVIC~ Y9 1 B DEN SON{ I DE TO SEXAS 76201-4354 TEXAS I 8171383-7100 O/FW METRO 817/267-0042 FAX 8171383-7302 VENDOR IBM CORP. NAME/ 1605 LBJ FREEWAY DELIVERY CENTRAL RECEIVING S11 ADDRESS ADDRESS INFORMATION SERVICES DALLAS TX 75234 901 B TEXAS ST r` DENTON, TX 76201 DEAN BELVIS VENDOR NO. III49003 DELIVERY QUOTED 11 15 96 FOB DESTINATION BUYER TS TERMS NOMPTION- fe ..1:. dlulm p .,f s;° , NIII .4i 001 103105.00 EA VENDOR CAT. / N / A MFG NAME 1.000 103,105.00 CITY # 96228 ANNUAL LEASE PAYMENT ON IBM 9221-191 PROCESSOR, RANAC DASD, ES(ON ATTACHED AND INTEGRATED COMMUNICATIONS ADAPTER WITH 3 19.2 COMMUNICATION LINE P GE TOTAL c 103,105.00 GR ND TOTAL s 103,105.00 01 300 044 0080 8509 103,105.00 ND08 INSTBl1CTi0N5 3. Terms Net 30 ti^f+ „^,d.dl 1. Send aigioal invoice wilt duplic4te copy. 4. Shipping instructions: F.0 B. Qestination p,epeid hM+r„ pnP.b, ,p•,a„d,I 2 Bill to - Accounts Payable 5. No federal or state sates tax shall be included 215 t. McKinney St in prices billed, Purchasing Division VENDOR-ORIGiNAL a t I 1VIUCTM OF DATA PROCESSING ADVISORY BOARD MEETING OF JUNE 129 1996 MEMBERS PRESENT: Don Edwards, Rosa Lawton and Renae Seely and Lupe Tavor MEMBERS ABSENT: Bruce Mitchell OTHERS PRESENT: Gary Collins Renae Seely made a motion the minutes of the November 27, 1995 be approved. Rosa Lawton seconded the motion and it was passed unanimously. Gary Collins stated that the annual renewal of the IBM operating system software was due. Gary Collins explained that this software was necessary for the IBM 4381 mainframe to operate and no application software such as Payroll, Utility Billing, etc. could function without this software being operational. Gary Collins also explained that this software is proprietary and a single source vendor. Rosa Lawton made a motion the Board recommend the City Council approve the annual maintenance agreement with IBM for maintenance of the operating system software. Lupe Tavor seconded the motion and it passed unanimously. Gary Collins explained that there was a software package available from Decision Technology, that would provide the using departments to download data from any of the mainframe files to spread sheets, databases and documents on their PC's. Gary Collins stated this software was unique in the way it took VSAM and tape files and made them appear as relational databases. Grry Collins indicated during the trial peric3 this software was used to download Waste Water data from the mainframe for analysis in determining the extent of the rebate for February Waste Water billing. Renae Seely made a motion that the Board recommend the City Council approve the purchase of this software package from Decision Technology (mown as Decision Analyzer. Rosa Lawton seconded the motion and it passed unanimously. Gary Collins explained that IBM had introduced a new program that bundled software and hardware. Gary Collins stated under this new program the City could acquire a new IBM 9221 mainframe and new disks drives for the budgeted costs associated with software and hardware maintenance. Gary Collins explained that this program was a 3 ytar lease purchase and was based upon annual up front payments. Gary Collins stated that the new mainframe computer would be 2.3 times faster than the current mainframe e 0 Data Processing Advisory Board June 12, 1996 Page 2 computer and the new disks would have an additional S gigabytes of disk storage than the current disk drives. Gary Collins indicated that due to the annual up front nature of the payment schedule that the city would have to wait until the beginning of the new fiscal year to enter into this agreement. Lupe Tavor made a motion that the Board recommend the City Council approve a 3 year lease purchase with IBM for a new IBM 9221 mainframe and new 45 gigabyte DASD drives and controllers when the funding became available. Rosa Lawton seconded the motion and it passed unanimously. Gary Collins explained that the City had installed a new release of the Geographic Information System (GIS) software and that the RISC16000 workstations in the Engineering and Planning Departments were exceptionally slow due to memory size and speed. Additionally, Gary Collins explained that when memory upgrades were priced the costs to acquire faster, larger machines was not significantly more than the memory and processor speed upgrade costs. Gary Collins stated a side benefit of acquiring new workstations for the Engineering and Planning Departments is the old workstations could be used for General Public access to the City's GIS System. It is planned to place one of the old workstations in City Hall West, City Hail and the Service Center for use by the General Public. Gary Collins stated that the funds for these replacements was coming primarily from the 1990 GIS CO Funds. Rosa Lawton made a motion that the Board recommend the City Council approve the purchase of these new workstations from IBM. Lupe Tavor seconded the motion and it passed unanimously. There being no further business the meeting was adjourned. ANNW= 9 S r IBM MAINFRAME INTERIM REPLACEMENT _ DESCRIPTION: CURRENT PROPOSED BUDGET ANNUALCOST ► PER YEAR FOR 3 YRS. IBM Software costs 92,044.00 12,360.00 UHW Hardware Maintenance costs 37,704.00 10,104,00 ESO Option 191 64,085.00 - A 9221-191 processor w164MB RAM - 3 years IBM hardware maintenance - 3 years IBM operating system software - Migration services to assist migration - Transport and Install new processor RAMAC DASD, ESCON attached 35 05700 45 Gig • 3 years hardware warranty - Migratioi services INTEGRATED COMMUNICATIONS ADAPTER 3,963.00 • 319.2 Communications sines Total Software and Hardware casts 129,748.00 125,569.00 10 5 f r, OCT 16 '96 10:07 FR DEPT 7HI 214 280 TO 918175668553 P.01/02 .tea as bW~q~W 6wMw• WoANN•o•►Pa•Hen ~ ION LBJ Remy Ddkw, Tem 7SM June 6, 1996 Crary Collins Director of Information Systems City of Denton Municipal Bldg. Denton, TX 76201 Dear Gary: The following information briefly describes the Entry Server Offering (ESO) for the options we have been discussing. ESO Option 191 • A 9221-191 processor with 64MB of storage, 12 charnels, 11 MIPS. SW Gr 30 • 3 years of IBM hardware maintenance for the 9221.191 a 3 years of operating system software as noted in Option 150 Mgration services to assist in migrating to new platform • Transportation and installation of new processor 1PMA, 3 annual payments S64,085.00 • 450B RAMAC DASD, ESCON attached • 3 yrs warranty Migration services IPMA, 3 annual payments 535 057.00 • ICA with 3, 19.2 Lines • Ethernet and Token Ring IPMA, 3 annual payments S6,222.00 $3,96300' In addition to the payments as noted with each ESO option, the City of Denton will continued to be billed for software products which are not included in the ESO offering. This charge will be $1,629.00= per month and provides a licenses for the following products on either the 150, 170 or 191 option: 5735-XXA, SSP 5735-XXB, NCP 5746-CBI DOS/COBOL 5746-LMS PL1 Trans The ICA without the Token Ring and Ethernet adapter would be S3.963 pct year rather char, $6.06 per year. The current monthly software bill would be reduced if the ICA option is chosen. 11 G CCT 16 '96 1008 FR DEPT JHI 214 260 TO 916175666533 P.02i02 The IPMA is an installment Payment Master Agreement. This agreement passes title to the City immediately and therefore is a full payout at the end of the term, I have run preliminary numbers on a Fair Market Value Lease and a $1 buy out lease. All payments are within $100 or $200 dollars regardless of financing method, The IPMA may hold some tax advantages to the City since IBM will not retain title and therefore not incur personal property tax. Please call Rick Schultz or myself with any questions about the offering or the technical aspects of the 9221. Sincerely, Dean A. BcI%is Territory Manager I 12 S n .,l 9 F Agenda No. Agenda Item CC~~ Date 11-6- x[_63 ORDINANCE NO. AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN ACCORDANCE WITH TIIE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 252.022 of the Local Government Code provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION-1. That the followia-ig purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDER-NUMBER YENDOR AMOUNT 70308 AMERITECH LIBRARY SERVICES $22,716.36 SECTIONII. That the acceptance and approval of the above items shall not constitute a contract between the City and the person submitting the quotation for such items until such person shall comply with all requirements specified by the Purchasing Department. SECIIONID. That the City Manager is hereby authorized to execute any contracts relating to the items specified in Section I and the expenditure of funds pursuant to said contracts is hereby authorized. 1 i r f SECTIONiV. 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: SOLE SOURCE 2 3 Y :a s F F T„ DATE: NOVEMBERS, 1996 CITY-CQUNCILREPQRT TO. Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: PURCHASE ORDER # 70308 - AMERITECH LIBRARY SERVICES RECOMMENDATION. We recommend this purchase order to Ameritech Library Services be approved in the amount of $22,716.36. SUMMARY: This purchase order to Ameritech Library Services is for the annual contract for maintenance of the hardware and software associated with the Dynex System. The Dynex System is the operations software and hardware that controls checkout>check- in of materials, reference listing, cataloging, and other library services. This is a sole source acquisition since the software is protected by copyright and available only from Ameritech Library Services. Chapter 252 to the Texas [ )cal ,ove ment-Code exempts sole source acquisitions of copyright or patent protected items from the bid process. BACKGROUND. Purchase Order 470308 to Ameritech Library Services, Ameritech Library Service, Invoices # 69157, 69158, 69159, 69160 totaling $22,716.36. PRQGRAMS§ DEPARINIE_NTS-QROROUPRAFFRGTED: Library services and patrons of the Denton Municipal Libraries. EISCALIMPACT: Funds for this maintenance agreement are available in the 1996/97 budget, account # 100-033-0070-8301. Respectfully submitted: Ted Benavides City Manager Approved: Namo: Tom D. Shaw, C.P.M. Title: Purchasing Agent 7B1.AGVMA 3 t cny of DENTON, TEXAS MUNICIPAL BUILDING • 215 E McKINNEY • DENTON, TEXAS 76201 (817) 566-8200 • DFW METRO 434.2529 MEMORANDUM DATE: October 21, 1996 TO: Tom Shaw, Purchasing Agent FROM: Eva Poole, Director of Library Services SUBJECT: ANNUAL AMERITECH SERVICE MAINTENANCE AGREEMENT The annual service maintenance agreement for our integrated automated library system in the amount of $22,716 is now due from Ameritech Library Services. As you know, we acquired and implemented the online DYNIX system in April of 1995. This service agreement with Ameritech Library Services will provide total support and maintenance for all the following components of our DYNIX system: • software (consulting services, bug fixes and enhancements) • peripherals (printers, lightpens, laser scanners, modems, e(c.) • telecommunications • hardware This service agreement also provides system analyst services in order to coordinate overall integrity of the system. Contracted maintenance also guarantees and includes software upgrades and revisions. I would be pleased to answer any other questions you might have above this service maintenance agreeme it. Eva Poole Director of Library Services EPAI "Dedicated to Quality Service" a f PURCHASE ORDER NO: 103U8 THIS IS A xxx IN& number must appear on all . CONFIRMING ORDER invokes, delivery slips, cases, OF MARKED) tins., boxes, packing slips and bills. DO NOT DUPLICATE Rea No: Bid Nu: Dale: 10 10 96 Page No. 01 PURCHASING DIVICaTY9 1 a TEXXANTONf I DE TOPA TEXAS 76201-4354 I 8171383-7100 D/FW METRO 817067-0042 FAX 817/383-7302 VENDOR AMERITECH LIBRARY SERVICES NAME/ 400 DYNIX DRIVE DELIVERY CONFIRMATION ONLY C03 ADDRESS P.O. BOX 19010 ADDRESS LIBRARY PROVO UT 84605 502 OAKLAND DENTON, TX 76201 JENNIFER LUND EXT 5825 VENDOR NO. AME75000 DELIVERY QUOTED 09 30 97 F08 DESTINATION BUYER TS TERMS AM LM : „ >t bun ~~n 'fie Y,i. 14 .04 ,Y $ 1 the !ka r; y, 001 1.00 EA VENDOR CAT. # N / A MFG NAME 5,474.040 5,474.04 CITY # 93921 HARDWARE MAINTENANCE 10/01/96 - 09/30/97 002 1.00 EA VENDOR CAT. # N / A MFG NAME 9,634.200 9,634.20 CITY f 93921 SOFTWARE MAINTENANCE 10/01/96 - 09/30/97 003 1.00 EA VENDOR CnT. # N / A MFG NAME 3,663.120 3,663.12 CITY # 93921 60/40 MAINTENANCE 10/01/96 - 09/30/97 004 1.00 EA VENDOR CAT. # N / A MFG NAME 3,945.000 3,945.00 CITY # 93921 TMP MAINTENANCE 10/01/96 - 09/30/97 P ,GE TOTAL : 22,716.36 GR ND TOTAL 22,716.36 01 100 033 0070 8301 22,716.36 VEf~OR WSTRUCTIONS 3. Terms Nei 30 u°• • .x.=u.el 1. Send eriginat involve with duplicate copy. ' 4. Shipping instructions: FA.B. Destination prepaid ro,i„, .AU.,1..pec. W Bill to Accounts Payable 5. No federal or state sales lax shall be included 216 E McKinney St in prices billed Purchasing ivisior, 215E 7X 76201-4299 VENDOR-ORIGINAL oenfo!4 s' Please remit to: eTitech 69157 Ameritech Library Services INVOICE : P.O. Box 95391 E OATS: le S5P 96 Chicago. IL 60694.5391 I N V 01 C ACCOUNT: 04825 PROJECTOr 04825.1+ PR#: TEAM: DSR3 DIVISION: Dynix Tier 2 CITY OF DENTON Attn: ACCOUNTS PAYABLE DEPT DENTON PUBLIC LIBRARY 215 E. MCKINNEY DENTON, TX 76201 DESCRIPTION MONTHS MTHLY AMT PRICE QTY Hardware Maintenance 01 OCT 96 - 30 SEP 97 1P q.75 3021.00 53 Universe License (per ports 2 22.92 275.84 1 Dataproducts 9040 Small System Printer 12 181.50 2178.80 1 IBM RS6000 - 7009-ClO Total Due $5474.04 The Following Info. Is For AmLibs use J0e -D4825.M PHASE - H L S E P ~y4i7 C; FY i ` TU;r DEltiTG'~rUuUC L~~;2ARY AMERITECH LIBRARY SERVICES STANDA3D TEgMS-NET 30 QUESTIONS AND CORRESPONDENCE SHOULD BE DIRECTED TO AMER!TECH LIBRARY SERVICES 400 DYNIX DRIVE P 0 BOX 19010 PROVO UT 84605 !BOOr2688020 S ri it -n.nrn ran^v i b i Please remit to: Affe-ritech Ameritech Library Services INVOICE: 69158 P.O. Box 95391 Chicago, IL 60694-5391 I N V O I C E OATS: 18 SEP 96 ACCOUNT: D4825 PROJECTO: 04825.S. PRO: TEAM: OSR3 DIVISION: Dynix Tier 2 1 ~ If CITY OF DENTON V j Attn: ACCOUNTS PAYABLE C_"S DENTON PUBLIC LIBRARY 215 E. MCKINNEY TON DENTON, TX 76201 ( ` Zy QTY DESCRIPTION MONTHS MTHLY AMT PRICE Software Maintenance 01 OCT 96 - 30 SEP 97 1 CAT Module (User based) 12 87.50 1050.00 L CIRC Module (User based) 12 70.00 840.00 1 Account - Additional CIRC 5 PAC 12 10.50 '126.Oe 1 PAC PLUS Module (User based) 12 105.00 1260.00 s0 User License - IBM RS 12 3.94 2364.00 1 PK Harmony Interface - Bibliofile 12 0.00 0.00 L Community Resources (User based) 12 0.0e 0.00 L Gateways (User based) 12 0.00 0.00 3 Telxon 266KO for Release 140 (LIBRARY 12 0.00 0.00 ORDERS) L Pick - Report Generator 12 0.00 0.00 L Dynix Electronic Mail 12 0.80 0.00 Dynix Kid's Catalog PC Version - 3.5" 12 10.50 252.08 Disk )1 Million circ. ENS 1-line Base system 12 101.85 1222.20 System Integration Services 12 210.00 2520.00 Total Due $9634.20 'he Following Info. Is For ATILibs Use JOB -04825.M PHASE - S AMERITECH LIBRARY SERVICES STANDARD TERMS-NET 30 OUES-ONS ANDCORAESPONOENCE SHOULD BE DIRECTED TO AMERITECH LIBRARY SERVICES 400 DYNIX DRIVE P.0 BOX 19010 PROVO UT 8.1605 18001288.8020 6 rrrcrnneco e1n0V 1 ra ;.t F i Please remit to,, chffeffitech Ameritech Library Services P.O. Box 95391 INVOICE : 691S9 Chicago, IL 60694.5391 DATE: 18 SEP 96 N V 0 1 C E ACCOUNT: 04625 r PROJECTII: 04825.5E PRM: TEAM: OSR3 4"^ D3VISION: Oynix Tier 2 CITY OF DENTON ; Attn: ACCOUNTS PAYABLE DENTON PUBLIC LIBRARY T,-,y 215 E. MCKINNEY CITY L -,~.RY DENTON, TX 76201 Gi I:TOl~ QTY DESCRIPTION MONTHS MTHLY AMT PRICE • 60140 Maintenance 01 OCT 96 - 30 SEP 97 1 Codex 3260 Modem 12 4.00 48.00 12 HP Desk Jet 620 Parallel Printer :2 6.00 864.00 6 Intermec 1545 Laser Scanner 12 15.00 1080.00 2 LAntronix Printer Server 12 4.67 112.08 3 Monitor - Super VGA Color 12 4.42 159.12 2 PC ADA-Voice and ADA-View Workstation 12 50.33 1207.92 2 Wyse 150 Terminal Amber 12 8.00 192.00 Total Due $3663.12 The Following Info. Is For AmLibs Use JOB -D4825.M PHASE - SF AMERITECH LIBRARY SERVICES STANDARD TERMS-NET 30 QUESTIONS AND CORRESPONDENCE SHOULD 6E DIRECTED TO AMERITECH LIBRARY SERVICES 400 OYNIX DRIVE P 0 Box 19010 PROVO UT64608 1600128&6020 7 n,irTnq A C0 ni 1DV B F r, Please remit to: e~~~CL Ameritech Library Services it P.0.8OX 95391 INVOICE: 69160 Chicago, IL 60694-53)1 ~1 DATE: 18 SE N Y `I O C L C ACCOUNT: 04825P 96 PROJECT: 04825.T(1P PRM: TEAM: DSR3 DIVISION: Oynix Tier 2 CITY OF OENTON/OENTON PUBLIC LIBRARY Attn: ACCOUNTS PAYABLE 215 E. MCKINNEY~'' DENTON, TX 76201 QTY DESCRIPTION Ci7 1 --ON DEN i Cr.o i'4..:ut LIUF(Aft PRICE TMP Maintenance 01 OCT 96 - 30 SEP 97 1 Cisco Multi-slot Router 5 Bayketworks (2813-05 4 Codex 3260 Modem 16 Port Concentrator 2 TP to AUI Transceiver Fiber to AUI Transceiver 3 XY1091CO ELS 8-Port Terminal Sarver L Cisco 4-Port Serial NP Module Base Amount $3945.00 Spares Amount $0.00 Total Due $3945.00 'he Following Info. Is For AmLibs Use JOB -04825.M PHASE - TMP AMERRECHLIBRARY SEAVICES STANDAAO TERMS-NET 90 OUESTIONSAND CORRESPONDENCE SHOULD BE OIRECTEO TO AMERITECH LIBRARY SERVICES 600 DYNIX DRIVE P.0 BOX }9010 PROVO. UT 84605 48001288.8020 8 r I ICTr)RAc0 rnDv b r q F Z AQenGa No. Agenda Itef ORDINANCE NO. Dale AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING -THE ` EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ANNUAL DUES TO AMERICAN PUBLIC POWER ASSOCIATION (APPA); AND PROVIDING AN EFFECTIVE DATE. II' WHEREAS in order to comply with contractual agreements with American Public Power Association (APPA), the City of Denton is required to the pay Annual dues; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such annual dues; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION1 That the expenditure of funds in the amount of $17,349.22 to be paid to American Public Power Association (APPA), is hereby authorized. SECTIONIL 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: DUM ORD 1 k6 r f DATE: NOVEMBER 5, 1996 CITY C01WC1LREPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager . SUBJECT: CHECK REQUEST TO AMERICAN PUBLIC POWER ASSOCIATION RECOMWMATMN. We recommend that the check request to American Public Power Association be approved in the amount of $17,349.22. i SUMMARY: This check request is to pay the annual dues for membership in the American Public Power Association. The amount if determined by a somewhat complicated formula based upon the amount of revenue from K WH sales. (See APPA invoice attached for formula), BACKGROUNn, Check Request to American Public Power Association, Invoice from American Public Power Association dated 9-30-96. EROGRAMS4"ARTMENTS-ORGROUPRAFEECTED; City of Denton Electric Utility. F S ALIMPACT. Electric Utility budget, account 0610-105-1051-9300-8502. Respectfully submitted: Ted Benavides City Manager Approved by: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 786.A66NDA 2 S a 0 Y 'i I f CHECK REOUISITION•VOUCHER. CP0, Nall- Pr -c~+r~a►~ Does tow c W WN IWO= DATE, NUMBER AND/OR UJILANAPON AOCT. NO. NET INV. AMT. r7, tiu~' ~o, .1 RC'I: TOTAL THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE NOE GNEO. AOOOIRITINO AIMgYAI EIONAT{M CITY MAhAGO APPROVAL DIRECTOR Of PKANCE APPROVAL 3 r s 3 4 RECEIVED OCT k 1950 APr Amedan Public Power Aucciatlon DUES INVOICE WasStreet N.W. hington. D.C. 20037-1484 2021467.2900 seq:150 =TX , Executive Director, Utilities DATE: 3Q-SEP-98 INVOICE 13885 MEMBER # 6065 MU 1) Retail Revenue < $20 million: d 20,000,000. 00 X.000263 2) Total Revenue > $20 million: 11 42,413,800.00 X ,00011 6 b,260.00 053 4,685.51 3) Retail KWH < 1 billion: 864,253,000 X.000 4) Retail + Wholesale KWH < 1 billion: 135,747,000 X . 4,680.64 OOOP02PO5, 400.46 51 Total KWH > i billion: 50,649,000 X .00000246 114.47 Calculated annual dues based on the formula Is 16,020.97 SUBTOTAL (based on by-)aw restrictions, stoppers, or discounts) 546 dues Increase effective January 1, 1995 16,0 SUBTOTAL 76 105 7.05 1096 dues surcharge 16.772.02 ~ 1"677.20 TOTAL ANNUAL APPA DUES $17,349.22 TOTAL APPA DUES for City of Denton for 12 months beginning O1 OCT-96 -AMOUNT DUE; 9 17,349.22 ESERVICEES AND RESEARCH IN POWER SUPPLY, ENGINEERING AND OPERATIONS , ACCOUNTING AND FINANCE, ENERGY LIC E, OTALNFEf SHOWNI SAR NON DEDUC7'8LE A IOCATOINHFORt32ESUBSCRrPTOIOMST OTTHE APPA WEEKLI WHICH YOUR UTIUTY IS ENTITLED. MUL4: the sum of 11 annual retail revenues lees then $20 million x .000263; 2) wWmals and retail revenue which is portion n wholesale KKWH .0 0022 when added alltlo or~D illon s reteoyyF1 l6ons ) who eufe and retail x~W whi h1I~ preaur share one biIllo x .00000226 TERMS: NET 30 DAYS FEIN 1;530026315 4 L F i Agenda No.~Q~1,~ Agenda Item G' I - S- 9r'i ORDINANCE NO. Date AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING • THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR ADMINISTRATIVE FEES AND PARTICIPATION TO UPPER TRINITY REGIONAL WATER DISTRICT (UTRWD); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, in order to comply with contractual agreements Ath Upper Trinity Regional Water District (UTRWD), the City of Denton Is required to the pay Administrative and Participation fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of such administrative and participation fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SE MO I. That the expenditure of funds in the amount of $21,555.60 to be paid to Upper Trinity Regional Water District (UTRWD), 6 hereby authorized. SEC'IMN11. 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: Taa.bAD 1 2r V r DATE: NOVEMBER 5,1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: CHECK REQUEST TO UPPER TRINITY REGIONAL WATER DISTRICT RE N: We recommend that the check request to Upper Trinity Regional Water District be approved in the amount of $21,555.00. SUMMARY: This check request is for two payments to Upper Trinity Regional Water District. The first is payment for administrative fees for providing general administrative and planning activities of the Upper Trinity Regional Water District in accordance with the Contract between City of Denton and Upper Trinity Regional Water District. This amount is S 10,805.00. The second payment is for participation in the Sulfur River Water Pr-: iect CcK-I er Lake) of the Upper Trinity Regional Water District. The project fees are intended to recover costs associated with the project and are calculated based upon participation. The total amount is $21,500.00; however, we are paying only $10,750.00 at dtis time and will pay the balance due in 90 days. BACKGROUND, Check Request to Upper Trinity Regional Water District, Invoice from Upper Trinity River Water District dated ]0.1-196. PROGRAMS.DEPARIAMMTSA)R_GROEM-AFFECTED; Denton Municipal Utilities and Upper Trinity Regional Water District. FISCAL IMPACT. Funds to pay Upper Trinity Regional Water District will come from the following Utility Department budget account: 620-081-0450-8502 $ 5,402.50 625-082-0451-8502 $ 5,402.50 620-081-0460-8502 S10,13_0.00 $21,555.00 Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 7BB.Al3ENOA 2 v i K i CHECK REOUISITION -VOUCHER PAY TO' r 00, am= wimm Mrob 94 c, ' r 3DS ' kAY4 DA HIVOWN DATE. NUMBER ANDIOR EXPLANATION AOCT.~NO. NET INV. AMT. Ord , *44 aNl a C o) U)k vv ~ootl o TOTAL THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BIWNO IB MADE BY THE U DERSIONED. ol:r ACooUMnW APPROVAL WkATU1111 'OTY MMAW AM MAL DIRRCTOR DI IINAWA APPROVAL 3 G k r i Invoice 39 W. fAain. Suta • :2 P.O. Drawer 305 • Lewisvilb. TX ;::5' PA REGIONAL WATER DISTRICT City of Denton t214)219.122e • Fax: (21t)221.;; Sstement for FY I QWW Adniriebe" erq projW Fen Statement Dab: 10/011" Invoice No: P119610 [LVm dfw Fee The a~btrfd h~ for 0erwd a&NNxIMUM and PWV*p sctMtln of upper TrWy soeordanoe wel your oonbed wlCr MN Dbtrlo( The fn b edpt. If You dnh. 5D% Ivey be deferral far so deys. • AdrI141letraWe a T old Duo ParO to Dah Cue Ttlh am 11e 00 51e Na 00 Prsjed fns 1q FFew We beeW Wart ft FY 1007 bAW wtopW by tM 9oerd of Directors on SePterllDer 5. wW In ww"j= va Y" r~ M* for ~oe In s W*ct The Kged fns we IntorM 1o 60 tO 0" nw eeeoe Proieet 94 en NbAbed band on your bvw Of WO)MOL PeYrtlsnt b bted ed In 20 days, Iwrsa W% P ipstbn M Try be deferred for go dara K vrx n..w Tatd Dw Pakd to Ddr Due This BW FY 1M7 Cooper Lake Raw Water Pr*d Fn 121.500.00 121,500.00 ToW Free 121500.00 loin 121 .oo Administrative Fee out Project Fps Due X10,808.00 /0.'7SD Total Amount Due Current Period S - i6S 00 a 1, - Total Amount Past Due 10 00 Total Amount Due This Bill SSS`-°- Please Pay By: 10/21/96 4 r E j Agenda Agenda Item 7>~ CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E McK1NNEY o DENTON, TEXAS 76201 (817) 566.8200 & DFW METRO 434.2529 MEMORANDUM DATE: October 28, 1996 TO: The Honorable Mayor and Members of the City Council FROM: Jon Fortune, Chief Finance Officer SUBJECT: APPROVE BUDGETS OF HOTELIMOTEL OCCUPANCY TAX RECIPIENTS Attached for your review and approval aee the 1997 budgets of the following organizations for hotel occupancy tax funds, Denton Black Chamber of Commerce Denton Festival Foundation Denton Historic Landmark Commission Denton Amphitheater Association Please advise if you have any questions. At Auehmmn AM13Q "Dedicated to Quality Semiee" kS M rrrrtt 11 fGL T:\WKF OCS .e ES\' Yf2R, FFS i RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON BLACK CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. Tax Code Ann. §351.101(c) , the City Council of the City of Denton hereby approves the budget of Denton Black Chamber of commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and Denton Black Chamber of Commerce. SECTION II. That Denton Black Chamber of Commerce shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. 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 WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY ` BY: A r ~t u F 4 f 10-25-1996 03:40 6173829SSS JOM E.6AIWS P•C• P.02 Budget 96-97.06CC Denton Black Chamber of Commerce _ statement of Cash Receipts andDGbunements For Year Emdins-Seetem ber Jo, IM i NnaudlhKq ~ • Annual Budget Cash•IIe innim Ravi s: Oocu nc Tax 5000,00 Interest Income 0.00 Total Rocei SOOU.( h Disbursements, Salaries 0.00 Expense Directors Expense 80.00 Payrol Tatter 0.00 Health Insurance 0,001 Liability Insurance 0,0 do Travel 125,00 one 800,00 u lies 40.V0 ne l W,1q SAW 0.00 300.00 50.00 in 250D0 tion Promotion 0,00 Promotion VW,W es 0,00 Tolel Disbursement 4870,((1 Excess of Races v Disbursements 1304(X1 Cash•Endin Pelt Cxah Cash in Bank Told Goh Page i S f F T AwpDOCS%RES\FE5TIYAL.AES RESOLUTION NO- A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON FESTIVAL CHAPTER 351OFDTHE TEXAS TAX HOTEL CODE ;AND ROVIDI G AN DEFFECT E DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION _I. That, in accordance with Tex. Tax Code Q Ann es §351,101(c), the City Council of the City of Denton hereby appr y tax the budget of Denton Festival Foundation for hotel occ pa c the funds, a copy of which is attached hereto, pursuant Agreement between the City and Denton Festival Foundation. ecrrTnN II. That Denton Festival Foundation shall make periodic reports to the City Council at tleast ax f gndaterly listing a expenditures made with hotel occupancy SF --Ill. That this resolution shall become effective ,QTIQN immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, OR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: F 10/22/96 14:28 F.C1 817 366 7007 ARTS & JAZZ F£ST ~ 02 DENTON FESTIVAL FOUNDATION, INC. 1996-97 HOTEL OCCUPANCY TAX BUDGET ' It 2nd 3rd 4th ANNUAL arter Quarter Quarter Qua ter BUDGET ct- ec) an- ar) { pAr-une) (M - ept) INCOME S 1000.00 $5,000.00 $5,000.00 $59 00.00 $202000,00 EXPENSES Printing $ 1000.00 $1, 00,00 Advertising $ ,000.00 $2,500.00 $2,500.00 $1, 00,00 Tourism P $ 500.00 1 00.00 -129500.00 p 00 Brochures 1500,00 $11000.00 $1, 00.00 TOTAL $ ,000.00 $5,000.00 $52000.00 $5, 00.00 $20.000.00 *Our fi al year is Julyl-June 30 and the 4th Quarter wi 1 overlap the ne fiscal year in preparation for the 1998 Dento Arts & Jazz Festiv 1. d T:\6"0CS\RES\NIST0RIC.RES ` RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISTORIC LANDMARK COMMISSION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: 91i9TION I. That, in accordance with Tex. Tax Code Ann. 1351.101(c), the City Council of the City of Denton hereby approves the budget of Denton Historic Landmark Commission for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and Denton Historic Landmark Commission. SECTION II. That Denton Historic Landmark Commission shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. 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 WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: R ve+ e OCT-15-1996 16:56 CITY OF DENTON PLPMING P.02i82 Denton Historic Landmark Commission Hotel Occupancy Tax Allocation Budget h Expenditures 96-97 Allocation Historic Subject Markers 1,000 Total 1,000.00 TOTPL P,02 b a T:\WJ~•,~' RFSV-fl MI .RFS RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON COUNTY AMPHITHEATRE ASSOCIATION FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: ECTION I. That, in accordance with Tex. Tax Code Ann. 5351.101(c), the City Council of the City of Denton hereby approves the budget of Denton County Amphitheatre Association for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and Denton County Amphitheatre Association. SECTION II. That Denton County Amphitheatre Association shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. 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 HALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: /f ~Y Arc < < a Q Y„ 10/21 '96 16:54 ID:G N 6 SPNGER FAX:817-458-3536 PAGE 2 DENTON COUNTY AMPHITHEATRE ASSOCIATION, INC. Proposed HOT Fund Budgets 1996.1997 and 1997-1998 Page 1 of 1 ITEM 1996-1997 AMOUNT 1997.1998 AMOUNT POSTAGE CORRESPONDENCE $200.00 BROCCHURES $500.00 $1,000.00 $2,000,00 TOTAL POSTAGE S2.;i00,Q,Q PRINTING STATIONARY $500.00 BROCHURES $500.00 $1,000.00 $1,000.00 TOTAL PRINTING S~,~QQ.OQ PROFESSIONAL ASSOCIATION MEMBERSHIPS $~D9,QQ TRAVEL S2.SOO,~Q CO-OP ADVERTISING BILLBOARDS $2,000,06 TOTAL CO-OP ADVERTISING S2.ff OM TOTAL HOT FUNDS 5.324.O.Q4 S$$QQ.OQ Y 1' ^ t~ ~,li f JR~~:'~ ♦ lit. Sk [i i~. ~ 1 " f.. k~- f ♦ J~ ~ 1J}~TY. !1y A? ~/~ilfri t~4.~Y k • ~ ;a ~ mill f Iy Z .r } y1 J~+ 11 . r ri aooo r t~ ~ s:: ~.r. 1 41 000 a~N ,4 h l 1n A, 1 /l f A Q '.ir, rT ~'~R•J 'Sf r.r J~ y: ~n'f a Y r' ! y J' t R lrif. 4~c+ O O ' ta' ~'K. ~ i ~t~ r y ~'~l 1y'r. t; ,f 1R YR~ r. '}l 't 1e{ t, o • ~ t ~ 1 t . o~aoaoo AGENDA ITEM *8A t 0 a I MEMORANDUM DATE: October 31, 1996 TO: Denton City Council FROM: Bill Utter, Sr., Chairman, Sales Tax Task Force SUBJECT: Sales Tax Task Force Recommendatior_ The members of the Sales Tax Task Force would like to thank the City Council for the opportunity to serve and study this very important issue for the community. Each member seriously considered the charge from the City Council and weighed the many points of view presented over the intense six-week study. This was demonstrated by the level of involvement and participation in discussions and the very high percentage of attendance at all meetings. Our recommendations are as follows: I . The City Council should call a January 18, 1997, one-half cent sales tax election. 2. The sales tax election should be classified as Section 4A. Other Comments: Twenty-nine members of the thirty-two task force members were present on October 21, 1996, when the final recommendations were formed. On the idea of a combination 4A/4B, there was only one vote "for" and one abstention from the 29 members present. A detailed report relative to our studies and interviews is attached. The Council may wish to read this, but it is not mandatory prior to the Council's accepting and acting on our recommendation. Some task force members have indicated that they will submit a minority report on this matter. Respectfully Submitted, LIM. Bill Utter, Sr., Chairman Sales Tax Task Force t a Q Y ATTACHMENT #I SUMMARY OF SALES TAX TASK FORCE ACTIVITIES October 31, 1996 Investigating The first several meetings were spent reviewing a tremendous amount of reference material on legislative provisions and background research. Then committee members heard outside experts and had detailed discussions on the differences between Section 4A and 413 and how other cities are using sales tax revenues. The following is provided as an overview of the research performed by this committee: Attachment 2: List of materials provided to the task force Attachment 3: List of speakers and speaker topics Attachment 4: List of questions submitted by task force members Attachment 5: List of concerns and benefits regarding the sales tax Attachment 6: Infrastructure projects map and project list Evaluating After reviewing the above information, the task force developed lists of potential concerns as well as benefits from a sales tax (Attachment 5). The group then formed four sub-committees to discuss those issues in depth: Philosophical Sub-Committee: Discussed whether economic development should be a public or private sector role. 2. Constraints Sub-Committee: Discussed the need for City Council oversight and control of expenditures and projects. 3. 4A14B Merits Sub-Committee: Discussed the potential merits and differences of Sections 4A and 413. 4. Benefits Sub-Committee: Discussed the benefits the sales tax would provide to the community. In summary, the sub-committee chairs reported these comments from their groups: o Economic development incentives are needed to attract quality industrial businesses. Strong consensus that funds should not be used to entice new retail businesses. 2 T F a Sales Tax Task Force October 31, 1996 0 Infrastructure improvements are needed so that we can have industrial sites in place and available for immediate use. o Denton needs an influx of new businesses (manufacturing, warehouse, and distribution) to create new higher-wage, technical jobs. o The City of Denton should not compete with the private sector commercial real estate and should not own land and facilities. o Denton needs more jobs to employ current residents who commute. o We need to increase/expand our tax base thus easing the property tax burden. o A healthy development environment would improve the quality of life and help expand availabie services to the citizens. • o More businesses would result in an increase in more charitable dollars available for community programs. o Business expansion would provide a multiplier effect that means each dollar sent in Denton would result in more money fueling the economy. o An economic development tax is needed to spur and control positive commercial growth (infrastructure is seen as a primary need). o Strict limitation on projects is necessary to diminish distrust of the tax structure. Therefore, expenditures must be limited to infrastructure development, with minor amounts for administrative, marketing and other categories of expenditure. o Yearly cost-benefit analysis should be performed for each project funded. Infrastructure needs and constraints/controls were the two issues that continually resurfaced in the sub-committee reports, A significant majority of the members agreed that at least 50% of the sales tax revenues (and in the eyes of some members much more) should be dedicated to infrastructure improvements. The task force received a report from Ken Burdick and Jerry Clark on infrastructure needs in Denton Projects were delineated that could be funded under Section 4A as well as those projects that could be funded under Section 4B of the legislation. The priority infrastructure projects list as well as the map indicating the location of those projects are provided for your review (Attachment 6). The committee expressed sentiment that projects like those presented are necessary if we are to prepare for growth in Denton. 3 S r r r Sales Tax Task Force October 31, 1996 Some members voiced strong opinions regarding their concerns about the lack of constraints or City Council oversight of the approval process for specific project expenditures. The Constraints Sub-Committee undertook a comparison of the language included in both the first as well as the final drafts of the by-laws of the corporation. The Sub-Committee chair reported that some members were troubled by the deletion of sections that they felt provided greater City Council control. They indicated a desire for Council to again review the charter and by-laws language to h ensure greater accountability and checks and balances. Decision Process Two meetings were dedicated to discussion and individual input from task force members. A significant majority of the members indicated they would consider supporting some level of an economic development sales tax. However, after extensive debate, the committee could not reach a consensus as to whether the tax should be 4A or 4B or for a specific amount. Therefore, it was decided by the committee that a simple majority vote would drive the ultimate recommendation. A vote taken October 21, 1996, resulted in fifteen votes for a 4A sales tax election, twelve for a 413, one combination 4,V413, and one abstention. The last vote indicated that a significant majority was willing to support, as well as campaign for, the 4A recommendation to the City Council. Section 4A Supporters: The majority of the task force members supported a one-half cent 4A sales tax. The 4A proponents believe that two very high priority issues can be addressed under Section 4A: (1) broadening the tax base so that a greater percentage of the tax burden is bom by industry rather than residential property owners; and (2) providing higher paying jobs in Denton. They believe that by creating site-ready industrial tracts and recruiting additional quality businesses, those who commute to the Metroplex from Denton would then have the option of remaining in our community to work. In addition, the 4A supporters believe that as the tax base grows, the City will thrive and be able to meet the other community needs such as the specialty projects that could be funded under 4B. Also, 4A proponents believe that placing a 4A ballot before the voters will be less confusing. They feel the 4B ballot is very complicated and wordy, whereas the 4A ballot is very straight- forward and easy to understand. It is their supposition that 4A is defined for "pure economic development programs and projects." Further, they propose that other types of pub?ic amenities and general purpose infrastructure improvement projects could be funded through ocher City resources. Section 4B Supporters: The 4B proponents felt that Section 4B provided more flexibility to meet both infrastructure and other community needs. They voiced concern that many infrastructure needs could not be met under Section 4A. They suggested that as the amount of sales tax 4 r Cif J•/ f T Sales Tax Task Force October 31, 1996 revenues grew and industrial park related infrastructure needs were met, 4B funds could be used to meet other general purpose transportation infrastructure needs. They cited the requirement that 4A infrastructure be related to a specific project and could not be used for general purpose transportation projects. In addition, some 4B proponents believe one-half cent is too much for pure economic development and that having the capability to fund other types of public amenities would be more saleable in the voters' eyes. Equally important, 4B proponents felt the requirement of a public hearing before expending project funds would provide opportunity for public input and greater City Council control. 5 4 ATTACHMENT # 2 LIST OF MATERIALS PROVIDED SALES TAX TASK FORCE Existing Statute/Proposed Legislative Changes Texas Annotated Civil Statute, Article 5190.6, Title 83, The Development Corporation Act of 1979. "Industrial Development Sales and Use Tax" Legislative Provisions Attorney General's Office, 19%. "The Sales Tax for Economic Development", in Handbook on Economic Development Laws for Texas Cities. Using Sales Tax to Promote Economic Development Section 4A Economic Development Sales Tax Section 4B Economic Development Sales Tax Texas Senate Draft Recommendations on Economic Development Incentives - June 1996 June 11, 1996, Minutes: Senate Economic Development Committee List/Sales Tax Cities Listing of Cities that Held Successful Elections on the Sales Tax February 4, 1995, Memorandum Uses of Sales Tax 4A Eligible Projects Cornerstone Group, 1995. "How Texas Cities are Using 4A Sales Tax Revenues for Economic Development" 4B Eligible Projects Cornerstone Group, 1995. "How Texas Cities are Using 4B Sales Tax Revenues for Economic Development" Economic Development Corporation of Denton Inc.'s Proposed 4A Uses Economic Development Corporation of Denton, Inc. Program and Marketing Plans and Funding Allocations and Recommendations 6 a LIST OF MATERIALS PROVIDED SALES TAX TASK FORCE General Articles i Cornerstone Group, 1995. "Some Discussion/Decision Issues for the Denton Sales Tax Election" "Cities Attract, Expand Commerce through Economic Development Efforts", City and County Financial ,tfanagement, July-August 1994 "How Texas Cities are Using Sales Tax Revenues for Economic Development", Texas Town & City, December 1992 Economic Development: "The process by which a community treater retain, and reinves wekM and improves the quality ofbyl. " . Texas Economic Development Council, Inc. "What do you Do with Over Two Hundred Million Dollars?" Texas Comptroller, "Sales Tax Dedicated to Economic Development or Property Tax Relief ^ Texas Department of Commerce, 1994. "Texas Leverage Fund Program Guidelines" A Guidebook For Economic Development Sales Tax Elections Texas Economic Development Council, Inc. "Guidebook for Economic Development Sales Tax Elections Planning for a SuccessfW Election Developing an Effective Local Strategy Building a Winning Coalition Communicating a Successful Message Identifying Likely Voters Fundraising and Reporting Getting Out the Vote Summary Appendix/Resources Capital Improvement Plan 1996 - 2001 Budget Possible Infrastructure Projects for Sections 4A & 4B How Texas Cities are Using the Economic Development Sales Tax 7 i r F i r„ zl LIST OF MATERLALS PROVIDED SALES TAX TASK FORCE Economic Development Corporation of Denton Articles of Incorporation Adopted Articles of Incorporation Original Draft of Articles of Incorporation Economic Development Corporation of Denton By-Laws Adopted By-Laws Original Draft of By-Laws Developmew Corporation Act of 1979 (original act) 8 r F x, ATTACHMENT #3 LIST OF SPEAKERS AND SPEAKER TOPICS SALES TAX TASK FORCE September 16, 1996 Scott Joslove, Chief of Municipal Affairs, Office of the Attorney General Topic: Economic Development Sales Tax Legislative Provisions September 23, 1996 Marc Myers, Myers & Crow (Development Company located in Dallas, Texas) Topic: How Denton Compares to Other Metroplex Cities from a Development Point of View Harry Hall, President, Economic Development Corporation of Denton (EDCD) Topic: The EDCD's Proposal for the 1/20 Sales Tax September 30, 1996 Bernard Weinstein, Director, Center for Economic Development and Research, University of North Texas Topic: Economic Development Sales Tax Potential Impact on Denton Ken Burdick, Vice-President, Economic Development, Denton Chamber of Commerce and Jerry Clark, Director, City of Denton Engineering Department Topic: Proposed 4A and 4B Infrastructure Improvements Dorothy Damico, Sales Tax Task Force Member Topic: Why an Economic Development Sales Tax May Not Be Good for Denton October 7,19% Carl Anderson, Economic Development Corporation of Denton (EDCD) Board Member Topic: Comments on EDCD's position and support of the sales ux Bill Shelton, Cornerstone Group Topic: Advantages/Disadvantages of Sections 4A and 4B and How Other Communities are Using Sales Tax Funds October 14, 1996 Bob Tomes, McKinney Economic Development Corporation Board Member and Bill Sproull, President, McKinney Economic Development Corporation Topic: Economic Development Sales Tax Programs and Projects 9 q F C ATTACHMENT #4 SALES TAX COMMITTEE QUESTIONS The following is a list of inquiries submitted by task force members. When individual requests were for copies of reports, responses were provided to the individuals requesting the information. Extra copies were made available for all task force members interested. Most responses were provided to the entire task force. 1. Work group recommendations from the Vision Project. 2. What are the Infrastructure needs according to the Vision Group? 3. City of Denton Strategic Plan. 4. Budget for Parks and Recreation Department, particularly for parks development. 5. How do Texas cities compare to economic development in other states? Any information on this? 6. Copy of Articles of Incorporation and Bylaws of Denton EDC. 7. Could I please have a copy of the Fantus Study? 8. Bill Shelton - Is he for both 4A and 4B or primarily 4A. If he is primarily 4A, can we have a speaker on 4B? 9. Weinstein - Spoke well 3% years ago. Should we have him again? 10. Determine what the goal is to spend the money for If it passes. It. Is the $200,000 In the 199697 budget matched by the Chamber? If not, how much is the match? 12. Take any one of the undeveloped tracts of land the EDC proposes to develop, and provide information as to the costs or expenses to develop that tract. 13. Bud Weinstein as speaker. 14. With our current "clean air" reguladon and our current problem with "ozone days," bow much of a deterrent Is this problem to economic development? 15. Are businesses such as Wal-Mart eligible for economic development monies? If so, what City or economic development money was spent for Super Wal-Mart here In Denton? 16. How many Denton County communities have an economic development sales tax? 10 iS ■ r f r Sales Tax Committee Questions Page 2 17. Sales tax rates for all cities In either the North Central Texas Council Of Governments or DFW Metropolitan Statistical Area. 18. Sales tax rates for cities within 10,000 population to Denton. 19. Lender tab "2", could you tell us at what tax rates the cities with economic development tax are? How many, for instance, are at the max? 20. What is the sales tax In communities surrounding Denton-i.e., will Denton be "competitive" If we pass the sales tax? 21. Overall tax burden on homeowner/non-homeowner (tax burden being sales tax and ad valorem tax). 22. Could you please provide us with the actual percentage of residential to commercial properties in Denton and in the surrounding competing cities? 23. Ad valorem tax rates for cities In ether North Central Texas Council of Governments or DFW Metropolitan Statistical Area and cities within 10,000 population of Denton (for all taxing Jurisdictions). 24. What would be the projected increase In taxes (both ad valorem and sales)? We probably should also look at Impact on other taxing entities (i.e., schools). 25. Has any other city developed a "check and balance" system for 4A tax? (Scott answered this.) 26. How many cities have passed 4A a* ahr 4B became an option? What is the trend recently (i.e., last 4 years)? Perhaps a spreadsheet on the 301 cities by date of Pie. 27. On the 4A/4B combination cities, what have been the specific percentage allocations? 28. What studies show the percentage of sales tax paid by city residents and by outsiders? Please show dates and source. 29. Need further information In the following areas-from cities who have passed the tax: (A) model of cost benefit analyses or actual studies and (B) accountability model or regulations. 30. 4A and 413-programs designated by cities who have passed tax. 31. Cost benefit analysis for 4A and 4B or both. 32. Programs analyses on city by city basis. t1 r 4 Sales Tax Committee Questions Page 3 33. Another argument put forth in favor of the sales tax Is that it will create growth. Have any studies been done to determine what it will cost the taxpayers for expanded services (police, fire, city ii -Jn6tration, water, sewer, streets, drainage, air quality control, landfill expansion, utility expansion) to accommodate that growth? 34. What studies or comparisons with other cities who have the economic development tax demonstrate that If increased growth occurs it lowers a citizen's combined local tax and rate payment burden? 35. Another argument is that the sales tax will expand the business tax base. How much does the business tax base have to Increase just to generate enough new tax revenue to make up the $3.5 million sales tax Investment each year? 36. Does the Council's charge to the Citizens' Committee Include "selling" it If recommended. Who will pay for that activity? 37. As a city grows, what Is the impact on the expenditure side of the City budget? These expenditures should be divided between Increases in the operating budget and Increases in capital Improvements per unit of residential changes and commercial and/or industrial Increases. 38. What is the advantage of funding economic development by a special sales tax as opposed to funding it through the regular City budget? Is the primary purpose to take these "corporate welfare" funds out of the hands of the Council and Into the hands of a special group? There is something askew when we cannot fund social welfare projects for the poor and homeless, etc., because we have to lower taxes so that more tax money Is available for business. I like business, but feel there has to be balance. 39. Tax abatement vs. economic tax benefits analysis. 40. May I have a place on the agenda, comparable to some of the other presentations, to address the reasons why the sales tax might = be good for Denton? This presentation would not represent only my opinions but would be information gathered by a study team. 41. One argument put forward In favor of the sales tax is that It will create jobs. What unemployment data suggest that Denton presently needs jobs so badly that we must spend $3.5 million annually to create them? 42. What is bonded indebtedness o(Denton, Denton County and DISD? 43. Designate on CIP projects whether they would be considered 4A or 40. 44. Please suggest to put on the next agenda and agenda item to discuss, and place future agenda items (to allow this committee to have meaningful discourse as to "to do's" to 12 s r Sales Tax Committee Questions Page 4 best accomplish our task). 45. Need list of possible 4B projects not funded by CIP with coat estimates, if available. 46. Has the City, EDC, Chamber, or anyone studied site conditions, viability for ready, realistic industrial/business development targeted by economic development funding? 47. Provide list of infrastructure cost estimates for EDC money, 48. I would like to see the medium-long term Industriallbusiness growth areas. Planning and zoning maps that address this. Also, where City services are not expanded, especially in areas zoned or otherwise targeted for busioess/economic growth. What strategic plans exist to date? • 49. What is height or other restrictions on relocating or new business facilities? 50. What EPA restrictions will impact new business relocation? 51. Copy of Vision Report. 52. Companies who have relocated in this area and competing arena (studies/reports and reasons). 53. Need more solid facts, more specifics, less talk, 54. Capital Improvement Budget for Denton. 55. Elaborate on this statement from Dorothy Damico's presentation: "The EDC was created through interests of a small group not necessarily in touch with the majority of the tax payers." 56. Can Loop 288 be "built" under 4A option? I keep getting cooNcting answers on this question and would like to have it clarified by someone in authority Scott Joslove? 13 x d f n BENEFITS ATTACHMENT X 5 1. 4B money can be used on more feel good projects. 2. There is accountability. 3. Creates jobs in Denton. 4. Provides for long-term quality of life. 5. Controlled growth/expansion. 6. Allows us to compete - not a private subsidy. 7. 4A tax can be reduced. 8. 4B tax can reduce CIP expenditures. 9. Businesses are good citizens. They contribute to the community - Top 10 paid $2.5 million to DISD. 10. Spreads the tax burden. 11. Will help overcome barriers to growth that require economic development; - Lake - Alliance Airport 12. Combination 4A/4B would get I-35 and Loop 288 completed. 13. ED will increase income especially for those in the lower income bracket. 14. 4A will allow us to bring $10-$15/hr. jobs rather than S6/hr. jobs. 15. ED Legislation deliberately took politics out while still maintaining control by City Council. 16. Will help alleviate gridlock on our streets. 17. More jobs here will eliminate people driving to Dallas and the associated traffic. 18. More businesses will bring more community volunteers. AAA%93 s 14 C, BENEFITS 19. Tax needed for infrastructure. 20. EDC has to report to City Council - Council does have control. 21. Need 1/2C tax 22. Need to be ready for growth - open up land. 23. 4B is more flexible 24. Resulting decline in unemployment may improve lower income quality of life. 25. Support 4A/413 combination. i 26. Provides opportunity to involve the universities in economic development. 27. EDC will treat economic development as a business. 15 d 4 F CONCERNS 1. Many citizens d2 VZ trust the business community. 2. Tax could generate too much money. 3. Projects have not been specified. 4. Not enough scrutiny. 5. EDC doesn't have to be concerned with public trust. 6. Public has not been informed. 7. Great power in hands of few. 8. Use of public money for private funding. 9. Already too much bonded indebtedness. 14. Impact on low income. (Regressivity) 11. Perceived "conflict of interest" of EDC members. 12. EDC could be too open to special interest groups. 13. Doesn't address air and water quality issues. 14. 4A doesn't consider quality of life. 15. Not enough information regarding leveraging. 16. Can't show the benefits. 17. Can't show connection between tax and business growth. 18. People will shop elsewhere if we increase sales tax. 19. Not enough education (knowledge) about tax. AAAO493N3 15 c C ~v 1, v +1 CONCERNS 20. Not enough constraints of the "Big Ape." 21. No assurance that new businesses are competent or will last. 22. Will require more in public services. 23. Increase in jobs may have a negative impact on small business, but they will need to meet the change. 24. Need to be sure that economic development tax will expand tax base. 25. Need to address how we can benefit minority businesses and minority population. i AAAN935/4 17 t S F J co a lk b n x tq z SECTION 4A INFRASTRUCTURE SECTION 4B EXTENSION PROJI M DWM 7WW SECTION 4A INFRASTRUCTURE EXTENSION PROJECTS Nate: Anowu mAKI Projects noted (Low, Modiuta, ILA or hW a lo"are the degree io whirb ibey mtWy carreMt noNrrrdoo esas. Me BMW cirterta. r40MAin t'cRum 11 Armor PROJECT [iiaUTU asn4uno owrruno IMMIMAr svnsM tuwMAmr cm faa con me Malcom -WT "Aa1' CAMMV !:411%41 tTKT rears" 60AM w479000Ota r4m1(mg 4CUAC1 atu4are MM MuTT'L 99M TOTAL Airport Higb INensily Ara: Crate S tare $575,000 Available H N H NIA it $575,000 lana on Airport Road Relieves nwfor congestion probleNUL 3 Airport Higl Intensity Ara: Waterm Blvd. 1,975,000 1,400,000 H H H N/A 11 3,950,000 (Airport Read Is Hwy 300 Reliever nryor access proMromAw industries located in area (1, 300 - 2,000 emplo),ees) and opens up over 500 acres Jar industrial development) 3 Airport High Intensity Ara: Wider Jim 1,200,000 1,150,000 N M If NIA M 6,300,000 CrrisW (Add 21aaa - Maui Brantb Road to 1- 3s) . Provides better access for area irdnrrries. 4 Noetlern H10 Intasily Ara: Sewer facilities NIA 1,500,000 H M H H M 7,900,000 (1-35 Hwy 77 to Canter Road) Opens up 800 acres of irdwirial and residential property S Airport Hill Iotessity Ares: Corms are II M M NIA M 15,170,000 e Improve Walcoort (Airport Road sourb la 4,620,000 be'pY FM2449) cakulsud A Alatertlasge at FM 2449 & 1.35: Add 2 lase 2,730,000 NIA struttert sad 4 romps provides access from Airport to 1-35 N' at F'A12449 and opens up industrial property r N SECTION 4A INFRAST'RUC'TURE EXTENSION PROJECTS Note: Anoaw rellort Pro)ecu naked (Low, Mediam, go or SW to Indicate do dogr which they saWty cornet eeartrsetim costs. The 1Wed eirteria. rArnrrAra tNWMnr PROJECT unMAno araGAraa aaBn:MAna MINITSU iis"uM rrLNLArrvr Coot we can rOa 1hooroM `tint-UAar CArMirs GAU1041 cast rs"tt MAN WI,71& aw►a TAM ZONE ACaeAGr aewAMae MM rrr►rv+s CUM rorAL c 6 Airport High Iokwity Area: 1-35W access re 400,000 NIA If L M N/A H 15 570,000 (Sort! of Airport Read) Provkles access to l-33W. Cwrendy l-33W bw lnesser mwl go to Airport Rood fw access to i- JJW Alleviates congestion Awing peak laws and eliminates traveler co4fuO for access to 1-31 7 Water and sexy to SUes 1o and 11 (1-36W at WA 900,000 If L M I I H 16,470,000 FM 2449) ROW Cow unknoxa Brings wider/sewer to 430 acre silt and 3,0W acre site. (Approximately 1.400 acres of the two Mrs have been annexed and zoned) 8 Airport High iakwity Area: Improve Carb(m 400,000 Available H M L WA H 16,870,000 Road (A4port Rood aorta 2i M feet } Opens up 200 acrei for development . 9 Northers High leteashy Ana: Loop 288 1,200,000 N/A N L M If 4 18,070,000 Esterska (FM 1173 to [ wp 2U - 4,M feet) Creafes fully functioning interchange or Loop 288 andraplwes traffiefrom we4 1, bringing people to Denton tine of tision gulewuys. +~~auw Y~ SECTION 4A INFRASTRUCTURE EXTENSION PROJECTS Now Aseoou rerun Projocu reeked (Low, bledies, IUO or NW to ladiau tit degree to whici iiey uds y eerreet oeMeeed" geol& the Nued eirterle. rarsssATu niurMnt fVTIMe PROJECT WIMATee roarATCe NOMA?" "OUSTes t srmw (VIKLATIV9 COAT" CWT rte 0o40N "SM-ILLAer" C40"Trv I:AriwAr (OIT MAP" so.Aeo wAreenewre T49G raMe AM"$ MNANer WTU UfpTwe Cum TOM 10 Norther High Iatensky Area: Tranporl d" 4,490,000 Ceeu re H M M H L 22,560,000 n: lagrevearents being &iablishes ikvvkpwenf area in north Creates cakuWed perieteier arlerials to create northern high iatenriry zone. Providrs trq& access and/low. One of Vision gore ways. 11 Northers High Intmoky Area: 65N and Hwy 5,000,000 NIA I I NIA M H 1. 27,560,000 77 iatsrd"gie Establishes development area in north and captures tr(fc frow norik bringing people to Demon One of Vision yaiewayr. I2 GleeYq/Fisbhv Itgreveasente 485,000 Costs ere NIA H L NIA H 28,045,000 Opera sip Denton's only rall•ready lnalastrial slit kwg caku IJ Soalbesslera High Intensity Area: Norlh/Soath 1,312,000 Cosh en 11 M M NIA M 29,357,000 Coaneetor between Morse gad McKinney being Provider public access to proposed tasr/west u1cw4wd connector and opens up approsiwately 200 acres of iminstrlal property. A I V IAIIY w it SECTION 4A INFRASTRUCTURE EXTENSION PROJECTS Csrrendy Desidsated IdastrW/C~saercial Target Tone: Located in an area currently identified as one of the three development areas where the Planning and Zoning Commission and City Council want to direct growth. Indssirial "Site-Ready" Acreage: Infrastructuce would open up industrial property, creating sites ready for industrial prospects. Faeilkatea Fulsre System CaMity Deaasds: Project would put infrastructure in place that would address future reeds for transportation. N Caleway Site: Project is loused in a "Gateway" site as identified by the Vision Work Team (Summit Gateway to the north, Pilot Gateway to the southwest, and Premie• r=aceway to the tv soutbeasi) Cost Effective: Infrastructure project achieves proposed objective in a cost effective manner. Example The objective is to relieve comgerNoa ar peak hover (1 bows per dty). Tha most direct route costs $10 million. However, an alternate project Witham imdirecl route meets the same objective and costs million. The J10 milt rn project world nor be cats effective. I SECTION 4H INFRASTRUCTURE EXTENSION PROJECTS Aww Projerts ranked (Law. Medieme, ylgb or 500 to Indicate the degree to wlkb tlsy saisfy the hand ciderle. CllaaxhClr TAC I.J. rAreTTr IkPAhM PROJECT rTTWATta eStlWna sear:sutss TAns ocAtrrv Maximo/ tveroursvr Coln can TOa o1rcou UILMS RiTtiee of LN1larAN I0f1 toumdnn loe 60AM wATeeti[wea UAG eOMI loW6eATTOH GOMM tre tWASTAkr UIUTWe roTAla 1 Southeastern lodustrial/COmmercW Zone: Eastfwest $1,275,000 5365,000 If I1 H M M 11 $1,640,000 N Loop 218 aecese (Shady Oda to Mane) Water only. (Waim,only. w Provhks rh'rect access from Wooarow Lax to Sewer C0 huhairluUcommerchil zone along Loop 288. Upeeu 180 being at'res ufIndusrrkil pfoperty Links severalcommercial akulstedl development areas. Pruvldes exery access to downtown urea 2 Soalheestern IndudriallCommerelei Zone: Loop 288 Costs being if 11 11 M 11 M 33,540,000 Spur wkuWcd • Land aeguisidom for ROW (95f96 di %197 CIP- 5988,088) 900,000 6e EltessWeofWar 9,000,000 i eu WNem loop 288 {Hwy 388 to I-35E - Spur route) 22,000,000 3 Southeaiern IadwlrlaWeemosercial Zone: 7,500,000 WA H 11 M If II M 41,040,000 1-35FA)&H s Drive Interhange Improvements Addresses safety concerns at dangerous Interchange area urul relieves congestion in Irulasrriallcommerclal me Creates safe em-lronmera and enhances access to commercial development at Gulden Triangle ,Hall, Sowhridge Village and lCoWhill Square 4 McKinney impromneols (Woodrow to Ryan IliBh 2,650,000 Costs tams NIA H it !I ts1 M 43,690,000 Sebool) eekulard Relievex tra,(Jic congestion arnl addre3ses truffle safeq, problems. Oix-ru indastrhJ land along A1, Kinrwy Improves traffic flow to Ryan lligh be Awl, County Annex building uml t entral bwiness districr 4 4 mCN1 SECTION 411 INFRASTRUCTURE EXTENSION PRO.IE(TS Nwe: AMw,•,.aw W,w Projects rooked (Lqv, liledta,o,1b0 ar hW b [satiate the dgree to Mhk► they sstufy 11ithelad cirttAL csausnl 0" as LO&M eAeANas eAN•Ano 6TIMAT1a MILMNATla TAIL yuAUrv Ta'usw ('UMUUrna PROJECT case cnserua maenls ultsvla rump of 1F1111T4N 4W r010111"COrT f on Galas gW91"Ma TAOGrONe 1OM,GT" GoOM111 iin M111I411 IMIJve TOTAL S Airport IodudrialfCommercial Use; WA 11 11 It Ni 1. I. 52,195,250 • 1.351AIrport Rood InterAage iosprovemeats 5,260,000 • • W Wen Airport Rood (Deatw Mwraieipal Airpad 10 2,114,000 tv Precision) ° •••&Wgcover Hickory Cre& 1,131,250 Provkler befter trade flow at imhairiatl ommercial root 8usinesr retention Addy capacity and reducer peak hoar Delay to existing businesses. Adlbesre{, major industries' complaint. 6 Folore Issfrosimcfeire projects Consvucdon costs for a Not tanked • Frootaite roods a Loop Iii (from 1-35 to Hwy 380) t%004am access road is opens kp land along northernpMion of Loop 288fw stWottimately $700,000 development. Protects large invesiment as a 'controlled per mile. (Water and attest highway. N (lntendrdfor high traffic count) xwer costs are nol•beini calculated ) ..aw,r sk CT10N 40 INFRASTRUCTURE EXTENSION PROJECTS CRITERIA LEGEND IndwtrMYCaaaerclal Target ZaaP: Located in as area currrndy identified a one of the three devebprrtenl area where the Pluuting mtd Zoning COmmhwioa W City ('nrrenUy Deaigaatsd ~ Council wart to direct jro" k Caps ails Tomcbmaafertalaatasat (SAW Taa): Infraaructure projal Provides rtccua or enhaw cs access w a major cMUncrcial area, generating{ wcreasal sales tax revenues. tp Sakty/Q"Wy of Lik: Infrastructure project ex%ances access in an area where addy Iw been of concern and/or won area that promotes quality of life (i.e. access to parks Of shopping). Relieves Contagion: Infrasutr Wre project relieves congestion in an area where congestion currently exists at peak hags. Facilitate Folare Groarth: Infrastructure pro*[ opens an area for future growth and development. Coat Elkclive: Infrastructure project "kves proposed objective in a cost etfoctiYe manner. Example: The objective Is to relieve congestion arpeaj hours (1laxrrr per do) The most Jrrea r ruwe cusp sl0 wfllka t"ver, an diernWe project with an in&ea rove Putts die same objective and corps JE aitlhon. The $10 million project woidd oot be curt effective. i 4 4 1.W c Y„YIy.,''y~`♦_Y~' t ~ R y1.t Y i ~ r -r f ~ 4't;3~~ Cy r•♦!t ~ ~Y- ♦°y 11, e Y ~ w 5 i ` t~ , -i S ~'t, . f I !r ~ 4 11r / r~ 1 y wM k; ♦ .~y.. .R } e , ~.n y'• t~ ~.y✓~"}V+q,~i,Yw 1~,},_ S ,,~4~,M W Q . Z ~oaooooaa ~ I~ti~ = N r~ o e, o a r T y r i ~e C C9 ~ { e fa ~t/f ~ P~ r 1 o fa 1,L I -W f r •7 .rt r~ r y t , S a o~, a a o a 000 AGENDA ITEM #8'.; Y i J MIMM Y REPORT OF_TO° ornWn~rr~ DEVELOPMENT 5 S TAX CITIZEN TASK FORCE All of the task force members submitting this minority report strongly favor controlled economic development for Denton. Denton should be proactive in growth. It is our economic destiny given the city's location in the path of Metroplex expansion. We are prompted to make this report by the conviction that the task force did not achieve a true consensus. Consensus is an evolving process, not just a majority vote. The final vote of the task force was 15 in favor of a half-cent for Section 4A and 14 for other options, indicating a strong split (although 7 of the 14 not in favor of Section 4A did, in an irregular extra vote, agree to support the majority.) obviously, we favored a consensus, but heavy handed and strongly biased management of the task force meetings precluded additional views and any chance of reaching a consensus. In addition, the task force did not address the explicit direction to "suggest specific projects for Council's consideration," nor were any such projects proposed by task force members. We envision a positive approach to economic development in which the community defines specific goals and objectives, and we do not consider that Section 4A allows for this. We propose that City Council accept from any economic development corporation board only projects and programs that serve the public good. We further propose that city Council retain for itself a reasonable and effective opportunity for input and control. Also, we propose 1 0 F that all programs and projects undertaken with public funds must be planned with measurable benefits and completion dates set. It is not enough merely to direct the Economic Development Corporation to do good things and then provide a never-ending and ever-growing source of funds. ' Abraham Lincoln once said, "If we knew whither we were going, we should know better how to get there." Denton must know whither it is going. Denton needs controlled economic growth such as is possible under a 4B sales tax. In support of this view, we will address the following specific issues: A. Section 4A is directed toward restricted concepts of { economic development; it allows no flexibility for other city needs for maximum direct benefits to citizens; B. TFa Section 4A corporate structure allows a serious lack of constraints on the Economic Development Corporation by City Council as well as complete disregard for public input Into Economic Development Corporation operations; C. The current proposal shows an apparently deliberate lack of any publicly announced plans for use of 4A funds by the Economic Development Corporation. 1 QP OSITION TO 4A SALES TAX Although we support a strong business community and healthy economic growth, we oppose the specific proposal for a half-cent salee and use tax under Section 4A of the economic development act. Under Section 4A, the city must deliver the revenues from this tax to the existing Economic Development Corporation to carry out its yet undefined mission. We have grouped the deficiencies of the 4A proposal into four areas: ensuring healthy economic growth, safeguarding good 2 G R a ( I~ municipal government, protecting the taxpayers, and eliminating abuses in the current EDC structure. A. Ensuring healthy economic growth: The Section 4A proposal anticipates that the EDC will offer financial incentives to business and industry to stimulate growth in Denton. 1. Because of Denton's location in the path of growth from Dallas and from the Alliance/Speedway areas, growth is likely to occur without the taxpayers giving cash incentives to private developers and businesses. 2. No consideration has been given to the cost of growth on basic city services including police, fire protection, streets and sewers, drainage, landfill, water supply and treatment, air control, city administration, and schools. $ Safeguarding good municipal government: The provisions of a Section 4A tax put control of public spending into the hands of non-elected citizens. 1. A dedicated tax places control of the amount spent on economic development outside of elected City Council members. 2. Elected City Council members will not participate in budget planning and analysis in the Economic Development Corporation. 3. The anticipated revenue from a 4A tax is excessively large in comparison to other city priorities and needs, i.e. basic city services, expansion of existing services, future development of infrastructure 4. An economic development sales tax when employed as a means of public funding for private purposes is outside the required role of city government. C krotecting the taxpayers: Section 4A requires that local taxpayers initially spend $3.8 million, and increasingly larger amounts annually, for economic development. 1. No available data nor professional studies justify the need for a 16.7 percent municipal tax increase that heavily taxes households in the lower half of the income scale and uses much of the revenue to the benefit of private businesses and developers. 2. Having spent $3.8 million-plus annually in economic development, the taxpayers then would be eliminated from participating in economic planning decisions. 3 S 4 C D Eliminating abuses in the current EDC st uct u e: 1. The City Council will have insufficient and unsatisfactory control and oversight of the Economic Development Corporation, according to state law and the bylaws outline of the corporation. 2. Creating a private Economic Development Corporation amounts to bureaucratic layering and provides the opportunity for waste, unaccountability, and unethical behavior in government. 3. The current Economic Development Corporation has no stated goals supported by hard statistical data and no determination of predictable results, nor is it required to provide them before City Council calls the election or before the citizens vote. 4. Neither the State, other cities, nor consultants can provide hard statistical data with regard to the cost v. benefit analysis for a 4A sales tax or provide a clear indication of the benefit to the community for tax dollars 3xpended. SUPPORT OF A POSSIBLE 48 PROPOSAL Originally, the 48 economic development option permitted all 4A projects plus sports and other entertainment facilities and related projects. A 1993 amendment expanded 48 to include: PUBLIC SAFETY FACILITIES STREETS AND ROADS DRAINAGE AND RELATED IMPROVEMENTS GENERAL MUNICIPAL OWNED FACILITIES COSTS OF MAINTENANCE AND OPERATIONS OF ANY PUBLICLY OWNED AND OPERATED PROJECTS UNDER 4B Section 4B provides the city with the opportunity to use proceeds from the tax to finance services necessary for economic development and the maintenance of a high quality of life. Section 4 d 4A permits only the financing of economic development projects and directly related infrastructure facilities. Without the flexibility of 4B, general infrastructure projects would have to be financed by other tax revenues. General street and drainage projects cannot be constructed from 4A money. The construction and maintenance of a good infrastructure (streets, drainage, water, sewer, etc.) are essential to high quality economic growth. It is the obligation of governmental entities to build and maintain a public infrastructure. Assistance to private entities should be extended rarely and only if the project benefits the long-run public good. In such cases, the benefit to the public should be highly probable and demonstrable to the general public. The 4B requirement of public hearings before any project receives approval provides reasonable assurance of public benefit. Section 4A does not require public hearings for project approval opening the door to "back room deals." Expenditure of public funds always should be exposed to the public's scrutiny. Although 4B supplies a much higher level of flexibility and public oversight than 4A, additional limits and constraints are necessary. The limits and constraints include: 1. A 5% limit on administrative costs. 2. A prohibition against the EDC's acquisition of its own facility. 3. Performance criteria that measure the incremental benefits. (These processes should measure the tangible benefits after excluding growth that would have happened anyway without any action by the EDC. A citizens' "watchdog" committee is advisable.) 5 c .J 4. Well publicized public hearings on budgets, projects, and expenditures, with adequate opportunity for public comment. 5. Funds not to be used to create competitors for existing local enterprises. 6. Efforts by City Council to do everything possible to minimize the regressivity of our current city tax structure. 7. Wording on the 4B ballot to fit the needs of the City. (The wording of a 4A ballot is specified by the authorization statute and cannot be altered,) 8. wording on the 4B ballot to reduce the amount of the tax to less that a half-cent if a study of priorities and projects shows that less than a half cent is enough. (Reducing the amount of the tax to less than a half cent will not take Denton to the maximum allowable for municipal sales tax with the and the attendant t e consider another osalcs tax option now the future.) CONCLU IOl1 To emphasize the differences in the philosophy of the majority report and the minority report, we quote the task force chairman's statement in the Denton Record-Chronicle representing the majority: "we voted to go the 4A route because it's easier to understand and implement. The 4B has a lot of complications and requires a public hearing." The minority believes in living in the light of public participation, not in darkness. 1_Q__qs „ th minority ornun ODDOSes an election for a half-cent Sin 4A sales tax the revenue of which would be We_ suppgrt eccn^m{^ development in delivered to the current_EQC. rAcommend further study of are economic Denton; thereivia 6 z devel)pMent tax with a clear and specific oroposal preseT}p~ the voters at a later date. Signed arg et Sm th, V ce C a r Cit ens Task Force For Minority Group Members Dorothy Damico Neil Durrance Bill Giese Bill Luker Mike McMilllen Margaret Smith 7 i t # 0 .AD ~n CITY Of DENTON, TEXAS MUNICIPAL BUILDING 215 E. McKtNNEY• CENTON, TEXAS 76201 MEMORANDUM (817) 566.8200 • DFW METRO 434.2529 DATE: October 30, 1996 TO: Honorable Mayor and City Council Members FROM: Betty McKean, Executive Director Municipal Services/Economic Development SUBJECT: Ordinance for Calling an Election 11 is the recommendation of the Sales Tax Task Force that the City Council call a January 18, 1497, one-half cent sales tax election; further, it is recommended that the sales tax be classified as Section 4A. In the event the Council chooses to accept this recommendation, we have provided an ordinance for your consideration. Approval would allow the City to mcv, forward in meeting the Department of Justice's requirement for pre-clearance of such an election. Please call me at 566-8305 or Herb Prouty at 566-8333 if you have any questions on this matter. Betty McKe , Executive Direcior Municipal Services/Economic Development "Dedicated to Quality Senire" r K AF:\WPDOCS\ORD1HUF.CNT Agenda ND, Agenda Item Date ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS, CALLING A SALES AND USE TAX ELECTION TO BE HELD WITHIN THE CITY ON JANUARY 18, 1997, TO ADOPT A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED BUSINESS ENTERPRISES AT THE RATE OF ONE-HALF OF ONE PERCENT; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF, AND OTHER PROVISIONS RELATING THERETO; AND PROVIDING AN EFFECTIVE DATE. STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § WHEREAS, the Economic Development Sales Tax Task Force has recommended that the city Council hold an election on Saturday, January 18, 1997, to adopt a 4A sales and use tax for economic development at the rate of one-half of one percent; and WHEREAS, the City Council of the City of Denton, Texas (the "City"), finds and determines that it is appropriate, advisable, and in the best interests of the citizens of the city to call and hold a referendum election for the City for the purpose of submitting a proposition pertaining to the levy and collection of an additional one-half cent sales and use tax within the city for the purposes hereinafter set forth; and WHEREAS, the City Council finds and declares that the meeting at which this ordinance is considered is open to the public as required by law, and that the public notice of the time, place, and purpose of said meeting was given as required by Tex. Gov't Code ch. 551, as amended; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I; That the statements made in the foregoing preamble being true and correct and being adopted hereby as findings of fact, an election (the "election") is hereby ordered to be held in and throughout the City of Denton, Texas on Saturday, January 18, 1997, such date being a uniform election date as defined in TEX. ELEC. CODE §41.001, as amended (the "Code"). At the election, the following proposition (the "proposition"), in accordance with Section 4A of the Development Corporation Act of 1979, Section 5190.6 Vernons Annotated Texas Civil Statutes, shall be submitted to a referendum vote of the qualified voters of the City: PROPOSITION "The adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one-half of one percent." S C' SECTION II. All resident, qualified voters of the City shall be eligible to vote at the election. SECTION III. The voting precincts for the election are hereby designated to be those municipal voting precincts identified by the respective municipal voting precinct numbers or county precinct numbers. The voting places, which shall be open from 7:00 a.m. until 7:00 p.m. on the date of the election, shall be as follows: Voters residing in District (Place) No. 1 shall vote at: MARTIN LUTHER KING, JR. RECREATION CENTER 1300 WILSON STREET DENTON, TEXAS Voters residing in District (Place) No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS Voters residing in District (Place) No. 3 shall vote at: NORTH LAKES RECREATION CENTER 2001 'REST WINDSOR DRIVE DENTON, TEXAS Voters residing in District (place) No. 4 shall vote at: DENIA PARK RECREATION CENTER 1001 PARVIN DENTON, TEXAS SECTION IV. The persons named below are hereby designated and appointed officers to conduct the election. Any replacements thereto are appointed by further order of the City or by appoint- ment pursuant to §32.007 of the Code. Election judges and clerks will be paid the maximum statutory fee for their service in the election: 1. For the Central Counting Station: George Spuller, Presiding Judge; Tim Hodges; Manager, and Randi Smith, Tabulation Supervisor. 2. For District (Place) No. 1: Ruby Cole, Presiding Judge and Alma Clark, Alternate Judge. 3. For District (Place) No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. 4. For District (Place) No. 3: Presiding Judge and , Alternate Judge. 5. For District (Place) No. 4: Presiding Judge and Alternate Judge. Page 2 b s f 6. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. 7. George Spuller shall be Presiding Judge for the Early Ballot Board, along with the other Early Ballot Board officers named in Section VII below. The presiding judge of the Central Counting Station and of each district are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided for by State law. SECTION V. The polls for early voting by personal appearance will begin the 30th day of December, 1996 and ending on the 14th day of January, 1997, with voting times to be from 8:00 a.m. until 5:00 p.m. each day, excluding holidays, Saturdays, and Sundays, except as set forth below. Early voting in person shall be conducted by the office of the City Secretary as early voting clerk at the Municipal Building, 215 East McKinney, Denton, Texas 76201. In addition, early voting shall be held on Saturday, January 4, 1997, between the hours of 10:00 a.m. and 3:00 p.m. at the same location as weekday early voting. SECTION VI. Early voting by mail shall be conducted by the City Secretary as early voting clerk in conformance with the requirements of the Code. Valid application and ballots voted by mail shall be requested from and sent to Jennifer Walters, City Secretary, City Secretary's Office, City of Denton, Texas, 215 East McKinney, Denton, Texas 76201. SECTIO VIat The Early Voting Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. The following persons are hereby appointed as election officers of the early voting board: Presiding Judge, George Spuller; Alternate Judge, Alma Clark; and Clerk, Ilene Steward. UCTION VIII. Voting on the date of the election, and early voting by personal appearance thereof shall be by the use of a lawfully approved electronic voting system, using optically scanned ballots. Preparation of the necessary equipment and official ballots for the election shall con"oim to the requirements of the Code. SECTION IX. The proposition shall be set forth substantially in the following form, so as to permit the voters at the election to vote "FOR" or "AGAINST" the proposition, to wit: I l FOR ) THE ADOPTION OF A SALES AND USE TAX FOR THE PROMOTION AND DEVELOPMENT OF NEW AND EXPANDED I 1 AGAINST ) BUSINESS ENTERPRISES AT THE RATE OF ONE-F'ALF OF ONE PERCENT. Page 3 a F SECTION K The election materials enumerated in the Code shall be printed and furnished in both English and Spanish for use at the voting places and for early voting. That the Mayor is hereby directed to provide notice of the election, if necessary, in accordance with Sections 4.002 and 4.003 of the Code, the notice to be printed in the Spanish language and the English language. returns for election in the manner required y SEONCTI, XI The election officers named above shall make ballots that are the properly marked in conformances with th law. The of the Code for votes cast both during the a provisions and on the day of the election shall be countedoin the manner required by law. 42IO- N X?? Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the election, and said notice shall be: (a) published at least once in a newspaper of general circulation published with in the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twenty first day before election day, at a public place in each election district that is in the jurisdiction of the city; (c) posted not later than the twenty-first day before the election on the bulletin board used for posting notices of meetings of the City Council of the City; and (d) posted, as may otherwise he required by Code §4.003 and other applicable laws. SECTION XIII That the City Secretary is authorized to prepare the official ballot for the election and to perform every act required by the City Charter and the laws of the State of Texas for holding elections. 'jQTIO~T N- XIV That the ordinance shall become effective immediately upon its passage and approval. Presented and passed on the 5th day of November, 1996, at a regular meeting of the City Council of the City of Denton, Texas, by a vote of ayes and nos at the regular meeting of the City Counci`1 of the City of Denton, Texas. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Page 4 r d 7 r i AFFIDAVIT OF POSTING NOTICE STATE OF TEXAS § COUNTY OF DENTON § CITY OF DENTON § BEFORE ME, the undersigned authority, on this day personally appeared upon oath : , wi10, having been duly sworn, says "That on the day of 19 he/she posted a true and correct copy of the attached and following notice of Election, in both English and Spanish, on the bulletin board used for posting notices of meetings at " EXECUTED THIS day of 19 By: Printed Name SUBSCRIBED AND SWORN TO BEFORE ME this the day of 19 Notary Public in and for the State of Texaa My Commission Expires: I Page 5 r r 4 i r L Agenda No. 7G-U Agenda item q8 Date- 11.57- q(o ORDINANCE NO, AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONi! CU+iPANY SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THI6 ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF OONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER 10199615)3 { a F PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. WHEREAS, it is to the mutual advantage of both the City of Denton ("City") and GTE Southwest Incorporated ("Telephone Company") that an agreement should be entered into between the Telephone Company and the City establishing the consideration for and conditions under which the Telephone Company shall construct, maintain and operate its physi:al plant in the public rights-of- way within the City's corporate limits in the future; NOW, TRZREFORE, BE IT ORDAIN790 BY THE CITY COUNCIL OF THE CITY OF DEMON, TEXAS, THATt SECTION-1. DEFINITIONS Whenever used in this Ordinance, the following words and terms shall have the definitions and meanings provided in this section: (a) ACCESS LINESi For purposes of this Ordinance, an Access Line shall be defined as any local line provided by Telephone Company to a customer in the City which provides access to the public switched network, including all single line residence, party line residence, single line business, multi-line business, Centrex, Centranet, key lines, ISDN lines, COCT lines, semi- public pay telephone lines and PASX trunks or equivalents which 2 - SOIB3615J1 s e are assigned to locations inside the corporate limits of the City. (b) CITYs The CiLy of Denton, Texas. (c) FACILIjjZ9i All Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated Transmission Media, which are located in the City Rights-of-Way. (d) RIGHTS-OF-WAY: All present and future public streets, avenues, highways, alleys, bridges, viaducts, public thoroughfares, public utility easements, public ways, public grounds, and without limitation by the foregoing enumeration, other public property within the city limits of the City. As used herein, the term "Rights-of-Way" does not include facilkies dedicated to the provision of electrical power to citizens of the I City to the extent the City may •.wn the power utility providing electrical power in the City. (e) TELECOMMMICATIONS OR TELECOh4~ttrNNATIONS SARViCESt All services of any nature, offered for sale by the Telephone Company to subscribers in the City, which services are delivered to such subscribers by transmission, between or among points not j specified by the Telephone Company, of information, voice or 3 - IDI 8361$33 r f F otherwise, not chosen, created, or offered for distribution by the Telephone Company, transmitted without change in form or content of the information as sent and received, which transmission is offered for sale by the Telephone Company in the City, which services are provided in whole or part in the City to any customers of any type whatsoever. "Telecommunications" and "Telecommunications Services" do not include such services as cable services, as defined in the Cable Communications Policy Act of 1984 (47 U.S.C.A. 5 521, et seq., amended) or as recognized by the Federal Communications Commission or any other service wherein content is selected for distribution by the Telephone ' Company. (f) TW2AQHZ QXPa= GTE Southwest incorporated. (g) TRANS UBAIDN xnrw, All Telephone Company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other characteristics, and whether for voice, video, or data or other purposes, which are physically located in the City Rights-of-Way. SECTION 2 CONSTRUCTION AND MAINTENANCE OF TELEPHONE PLANT AND SERVICE (a) Pursuant to the laws of the State of Texas and this ordinance, the Telephone Company has the non-exclusive right and 4 1013361 S13 s { 4 i privilege to use and occupy the public rights-of-way in the City for the purpose of maintaining and operating its Transmission Media used in the provision of Telecommunications Services and the operation of a telecommunications system, subject to the terms, conditions, and stipulations set forth in this Ordinance, the Constitutions and laws of the United States and the State of Texas and the City's Charter and Ordinances to the extent such Ordinances are not in conflict herewith. The Telephone Company is not authorized to provide cable television service as a cable operator, as that term is defined in the Cable Communications Policy Act of 1984, in the City withoat obtaining a separate franchise from the City. The Telephone Company's Facilities and Transmission Media used in or incident to the provision of Telecommunications Services and to the maintenance of a telecommunications business by the Telephone Company in the City shall remain as now constructed, subject to such changes as under the conditions prescribed in this Ordinance may be considered necessary to the public health and safety by the City in the exercise of its lawful police powers and such changes and extensions as may be considered necessary by the Telephone company in the pursuit of its telecommunications business. The Telephone Company shall at all times during the term of this Ordinance be subject to all lawful exercise of the police power by the City and to such reasonable and lawful regulation as the City shall hereafter by charter, resolution or ordinance provide. The terms of this Ordinance shall apply throughout the City and 5 1C16961599 yT Y i• i shall apply to all the Telephone Companyts Facilities used, in whole or part, in the provision of Telecommunications Services, and shall include the provision of Telecommunications Services in any newly annexed areas of the City upon the effective date of such annexation or the date the City provides the Telephone Company notice of such annexation, whichever occurs later. The f Telephone Company shall maintain its Facilities in a reasonable operating condition at all normal times during the term or any extension of this Ordinance. An exception to this condition is automatically in effect when service furnished by the Telephone Company is interrupted, impaired or prevented by fires, strikes, riots, or other occurrences beyo-,d the control of the Telephone Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things reasonably within its power to do to restore normal service as soon as practicable. W Facilities installed or relocated by the Telephone Company in the Rights-of-Way during the term of this Ordinance shall be located underground where technologically and economically feasible. If technologically unfeasible, or if placement of facilities underground presents an undue economic burden on Telephone Company, upon proof thereof being presented to the City, Telephone Company and City will jointly agree to alternative installation of relocation options. 6 1019361537 a F SECTION 3. SUPERVISION BY CITY OF LOCATION OF POLES AND CONDUITS (a) The Telephone Company shall lay, maintain, construct, operate, and replace its poles, wires, anchors, cables, manholes, conduits, and appurtenances used, in whole or part, to provide Telecommunications Services so as to interfere as little as possible with traffic and shall promptly clean up and restore, at its sole cost, all thoroughfares and other surfaces which it may disturb to as good a condition as before such disturbance. The location of all Telephone Company Facilities shall be fixed under the supervision of the City's governing body or an authorized committee or agent appointed by said governing body. All polev to be placed shall be of sound material and reasonably straight, and all poles, stubs, guys, anchors, and other above ground facilities shall be so set that they will not interfere with the flow of water in or to any gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel on the streets, alleys, highways, public thoroughfares, public utility easements, public ways or sidewalks and so that they will not compromise public safety. The City shall have the right to require the Telephone Company, at its own expense, to install or relocate above-ground Facilities as far from vehicular travel lanes as reasonably possible for traffic safety purposes. Except as provided in Section 2(b), the City shall also have the right to require the Telephone Company, at its own expense, to install underground all new Facilities except those to which above-ground access is necessary for normal maintenance and connections, 7 - ioie9sis3~ Y Y r f without claim for reimbursement or damages against the City. The location and route of all poles, stubs, guys, anchors, conduits, cables and any other Facilities to be placed and constructed by the Telephone Company in the City Rights-of-Way, and the location of all conduits to be laid by the Telephone Company within the City's Rights-of-Way under this Ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City's governing body or of any City, Committee, department or official to whom such duties have been or may be delegated. (b) The City shall have the right to change the grade, install, relocate, or widen the public streets, sidewalks, bikeways, alleys, public thoroughfares, highways, landscaping, and public way an9 places within the present limits of the City and within said limits as same may from time to time be extended, and in such events the Telephone Company shall relocate, at its own expense, its Facilities and Transmission Media, in order to accommodate the installation, relocation, widening, or changing of the grade of any such public street, sidewalk, bikeway, alley, public thoroughfare, highway or public ways, including if necessary relocating such Facilities and Transmission Media a sufficient distance from the edge of the pavement to permit a reasonable work area for machinery and individuals engaged in installing, relocating, widening, or changing the grade of any 8 - 1G199E1573 f F 0 public street, sidewalk, bikeway, alley, public thoroughfare, highway or public way. (c) The City shall have right to lay, and permit to be laid, sewer, gas, water, electric, and other pipelines or cables or conduits, and to do and permit to be done any underground and overhead installation or improvement that may be deemed necessary or proper by the governing body of the City in, across, along, over or under any City Rights-of-Way occupied by the Telephone Company, and to change any curb or sidewalk or the grade of any street. In permitting such work to be done, the City shall not be liable to the Telephone Company for any damage so caused, nor shall the City be liable to the Telephone Company for any damages arising out of the performance by the City or its contractors or subcontractors r.rt willfully and unnecessarily occasioned; provided, however, nothing herein shall relieve any other person I or corporation from liability for damages to facilities of the Telephone Company, including the City's contractors and subcontractors. The City shall also have the right to require the Telephone Company to relocate, at the sole expense of the Telephone Company, any Facilities erected or maintained in City Rights-of-Way, if said relocation is deemed necessary by the governing body or its designated representative for traffic sa`ety purposes, including traffic signals. whenever by reason of changes in the grade of a thoroughfare or in the location or 9 10199615)7 IMMUNE 0 r i I.A ZZ, '~?t JC.~.\ ~ 0\1 ~ r1y , 4, . 11 to 1 Fra`- _;1 ~~~1~~~ f~:: :1 ~11t~~'.t}~1~L1gW 11 1~\. 1~{{{r`,n 1 t{ ,11, 'll t2}', frith 1`{ s 11{,{ t s ri`1, 41 R 1. a~ti11 tlslt 1l1•. i ! alterati I ons 01 ~`hAll4pp 11 p: VI 1if111} 11 4 damages ~~il}~,,~Ft i against tlln C1Jly 11 to 11+>'lu~ }~~i iu}~i~l~~i lil ~ financial hardbJtJ, 1 irfl~,ri ! Jig, ~ ~ J}hrrtr~ lir i r~ lid! t . ill, ill IpJp, COVA ZY shall hn / r'tr"Ifo II the Cif in r 1rn r I ~!h! I , J,r n,lah~ J N 1lrj li 11~ Y, and t1i4 nl,.,JJ -fJ ti Jr 1!l ;l ! J i } ! ruff J,r fr 1 rr ' 1 r L d r t J Y manner of constructing a water pipe, gas pipe, sewer, or other aboveground or underground structure, it is deemed necessary by the City to remove, alter, change, adapt, or conform the underground or aboveground Facilities of the Telephone Company, the Telephone Company shall make the alterations as soon as practicable when ordered in writing by the City without claim for reimbursement or damages against th, City. (d) Whenever it becomes necessary to require Telephone Company to relocate or remove Facilities, for the completion of public works projects or for reasons of public safety, the City will inform the Telephone Company in writing of the aforementioned requirement. Except in cases of an emergency, the City will provide at least ten (10) days' written notice to Telephone Company of the requirement to relocate or remove said Facilities. Whenever it shall be necessary to require Telephone Company to alter, change, adapt, or conform its Facilities within the Rights-of-way, such alterations or changes shall be made promptly, with consideration given to the magnitude of such alterations or changes, without claim for reimbursement or damages against the City. If any such requirements impose a financial hardship upon the Telephone Company, the Telephone Company shall have the right to present alternative proposals to the City, and the City shall give due consideration to any such 10 - 1019961573 k F alternative proposals. If the City requires the Telephone Company to adapt or conform its Facilities to enable any other entity or perRin, except the City (as described in Section 3(c) above), to use, it to use with greater convenience, Rights-of-Way or public property, Telephone Company shall not be required to make any such changes until such other entity or person shall reimburse or make arrangements satisfactcry to Telephone Company to reimburse the Telephone Cor'7any for any loss and expense caused by or arising out of such change; provided, however, that in no event shall the City be liable for such reimbursement. (e) Nothing in this ordinance is intended to add to or detract from any authority granted by federal or state law to the City or the Telephone Company. szal =_A~ ATTACMCMS TO POLES AND SPACE IN DUCTS (a) As partial compensation for the use of the City's Rights-of- Way, the Telephone Company shall permit the City to use, without charge, solely for its own, non-commercial purposes, available duct space within one duct in all of the Telephone Company's existing ducted Facilities within the City limits, upon written request by the City, if such duct space is available when requested. Alternatively, Telephone Company shall provide City with space on existing telephone poles for the City's use, - 11 - 1019^61577 i 6 F without charge, solely for its own, non-commercial purposes, if such pole space is available when requested. The City shall :iot use any facilities which are provided for the City's use by the Telephone Company for power transmission purposes, nor use any circuits in such conduits or upon such poles to carry voltage in excess of one hundred thirty (130) volts for signal purposes, nor otherwise use any such circuits so as to unreasonably interfere with Telephone Company's Telecommunications services or Telephone Company Facilities. (b) The City shall not sell, lease or otherwise make available ' its rights to use Telephone Company's Facilities to any third party. Such rights are provided solely for the non-commercial exclusive use by the City. However, this restriction shall not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City so long as no resale or other commercial use i of such facilities shall occur and so long as the third party employed by the City is bound by the provisions of this ordinance. (c) Should the City desire to purchase or otherwise acquire additional Facilities from the Telephone Company for its non- commercial use, then a further separate, non-contingent agreement - 1019361537 12 S F 'n a shall be a prerequisite to such purchase or acquisition. Telephone Company and City agree to act in good faith in the negotiation of such agreement(s) with City. (d) The City may, at any time, submit written requests to the Telephone Company for use of its Facilities. The Telephone Company agrees to respond in writing to the City's requests within thirty (30) calendar days after receiving the request. The City Council shall designate one City contact person for requests for Facility usage. (e) The city recognizes that the Telephone Company cannot reserve Facilities for the City's use at some indefinite time in the future. Accordingly, the City will request the use of Telephone Cou;-my's Facilities only after the City has an ` approved and funded construction plan. Project construction by the City must commence within six (6) months of the Telephone Com. any notifying the City that Facilities are available. Unless delay is occasioned through no fault of the City, any equipment or facilities of the City placed by the City on or in Telephone Company's Facilities must be fully operational within eighteen (18) months from the date project construction commences. If such a delay occurs, City shall take all reasonable measures to make its equipment or facilities placed on or in Telephone 1 3 - 1619961577 K Company's Facilities fully operational as soon as practicable with consideration given to the circumstances which caused the delay. (f) With regarl to the City's equipment or facilities placed in, or on, Telephone Company's Facilities, the Telephone Company shall be relieved of its obligation to reserve space in or on its Facilities for the specific Facility if construction is not started within six (6) months of the Telephone Company notifying the City that Facilities are available or if such City equipment and facilities are not fully operational within the time limits specified in Section 4(e), unless an extension of tii:.e is mutually agreed upon, in writing, by both parties. upon the City's equipment or facilities being placed in, or on, Telephone Company's Facilities, the Telephone Company may not charge the City an additional fee for the use of the Telephone Company's Facilities. The City's use of Telephone Company Facilities will extend beyond the term of this ordinance free of charge to the City so long as said Facilities remain in-place, but upon the expiration of this Ordinance Telephone Company shall be under no obligation to continue to provide, maintain or operate such Facilities for the benefit of the City. The Telephone Company will not be liable for the installation or maintenance of any - ioie9sss~a 14 Y F City facilities under th.~ Ordinance or for any damage not caused solely by the negligence of the Telephone company. i (g) The City shad clearly mark all of its facilities that are placed in, or on, Telephone Company Facilities. In order to protect the telephone service to the citizens of the City, the City agrees that all construction by the City in, or on, Telephone Company Facilities will be in accordance with Telephone Company standards and procedures and any applicable City Codes or Ordinances. The Telephone Company shall have the right to make on-site inspections during construction by the City. In the event the City, in making its facilities operational, encounters any situation that might impact Telephone Company's communication service to the citizens of the City, the City shall stop construction and notify the Telephone Company immediately. (h) Except as otherwise provided in Section 4(e) above, the Telephone Company may deny the City's request for use of Telephone Company Facilities only if the Telephone Company has plans to use the requested Facilities by installing telecommunications equipment no later than two (2) years from the date of the City's request. In the event that the Telephone Company denies the City's request, the Tole hon p s Company must 1S - lO1B9615J7 6 r show the City its current engineering plans that demonstrate that the Telephone Company will use the requested Facilities for Telecommunications Services within two (2) years. (i) The Telephone Company is not authorized to license or lease to any person or entity the right to occupy or use the City's Rights-of-Way for the conduct of any private business except to the extent required by law. The Telephone Company will, from time to time, upon written request from the City provide to the City the names of resellers of telecommunication services using, or requesting to use, Telephone Company Facilities. The Telephone Company may be required to attach its Transmission Media to facilities owned and maintained by any person or entity authorized by the City or to permit the transmission media of any person or entity authorized by the City to be attached to the Facilities owned and maintained by the Telephone Company upon reasonable, non-discriminatory terms in a separate, non- contingent agreement which shall include reasonable compensation. The Telephone Company may require any such person or entity to furnish evidence of adequate insurance covering the Telephone Company and adequate bonds covering the performance of the person or entity attaching to the Telephone Company's Facilities as a condition precedent to granting permission to any such person or entity to attach transmission media to Telephone Company's - .016961137 16 r a; i Facilities; provided Telephone company's requirements for such insurance shall be reasonable and at least in an amount to meet minimum City requirements, as determined by the City. (j) Nothing contained in this Ordinance shall obligate or restrict the Telephone Company in exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other companies utilizing wire transmission of services which are authorized to operate within the City. Further, nothing contained in this Ordinance shall preempt any pole attachment agreement between the City and Telephone Company wherein Telephone Company or City agrees to pay the other a fee to place its facilities on a utility pole owned by the other. GECTTON 5. RIGHTS-OF-WAY TO 8E RESTORED TO GOOD CONDITION (a) The Telephone Company shall restore the surface of any and all Rights-of-Way within the City disturbed by the Telephone Company in building, constructing, renewing, or maintaining its Facilities or Transmission Media within a reasonable time after completion of the work to at least as good a condition as before commencement of the work and in compliance with the applicable provisions of the Code of Ordinances of the City and shall further maintain the work to the satisfaction of the City's 17 - 1019361533 4 A E governing body, or of any city official to whom such duties have been or may be delegated, for a period of one (1) year following completion of the restoration, after which time responsibility for the maintenance shall revert to the City. During that one (1) year period, the Telephone Company shall be responsible for all maintenance costs incurred as a result of any defects, impairments or substandard condition in the Rights-of-Way caused by the construction, maintenance or restoration work of the Telephone Company. The Telephone Company shall comply with all reasonable rules and regulations of the City relative to street excavations, and permits therefor; provided that Telephone I Company shall not be required to pay any fees required by such rules, regulations and permits. No such Rights-of-Way shall encumbered for a longer period than shall be necessary to execute the work. (b) The Telephone Company shall submit, in a format prescribed by City and reasonably related to the purpose here stated, information describing the general nature, location, and estimated duration of any activity which will result in the disturbance of any Rights-of-Way. The Telephone Company shall not be required to divulge proprietary information in such submission. Proprietary information may include, but is not limited to, type and size of Facility and sub-routes onto private property. This information shall be submitted prior to the 8 I029M533 4 1 e i activity except in the case of emergencies, in which case the information shall be submitted as soon as practical. This information requirement shall not apply to the Telephone company's installation of service wires serving a single residence or business. When the Telephone Company shall make or cause to be made excavations, or shall place obstructions in any street, alley, highway, public thoroughfare, public utility easement or public way, the Telephone Company shall protect the public by barriers and lights placed, erected and maintained by the Telephone Company. _ 6. TEMPORARY REMOVAL OF ARRIAL wins SECTION The Telephone Company on the request of any person shall remove or raise or lower its wires within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefitted party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to arrange for such temporary wire changes. The clearance of wires above ground shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof. 19 - 1019361577 LTT M F ~cr SECTION 7. TREE TRIMMING In the pursuit of maintaining its telecommunications system, the Telephone Company, its contractors, agents, successors and assigns shall have the right to trim trees upon and overhanging the Rights-of-way within the City, so as to prevent the branches of such trees from coming in contact with the wires, cables, or other Facilities of the Telephone Company. SECTION 8. COMPENSATION TO THE CITY (a) As compensation for the Telephone Company's use and occupancy of the City's Rights-of-Way and for the City's oversight, regulation and supervision of such use and occupancy, in consideration for all other agreements and promises made herein by the City and in lieu of and in full compensation for any lawful tax, license, charge, right-of-way permit fee or inspection fee, whether charged to the Telephone Company or it contractor(s), or any right-of-way easement or street or alley rental or corporate franchise tax or other character of charge for the use and occupancy of the Right-of-way within the City, except the usual general ad valorem taxes and special assessments in accordance with State law, and sales taxes now or hereafter levied by the City and in accordance with State law, the City hereby imposes upon the Telephone Company and the Telephone Company agrees to pay a fee upon each Access Line ("Access Line Fee"), which shall be assessed monthly upon all Access Lines in 20 - 3018361533 t 2 the City and which shall be paid quarterly as described in section 9(b) herein. The Access Line Fee shall be $ per month (for a total of $ for such twelve month period) for each residential Access Line, and $ per month (for a total of $ for such twelve month period) for each business Access Line. The Access Line Fee will be prorated based upon the number of days during the billing month the customer has service. (b) The amount paid to the City will equal the aggregate amount of Access Line Fees assessed to the Telephone Company according to the method described above through the end of each calendar quarter. The payment due dates shall be February 28, May 31, August 33. and November 30 of each Contract Year this Ordinance remains in effect. The first payment under this Ordinance shall be due on May 31, 1997. (c) If the Ordinance is mutually extended in writing for an additional five years, the Access Line fee will be increased by three (3) percent per year above the prior year's Access Line fee on each anniversary of the effective date. Except as otherwise provided herein, the City waives any right to audit or otherwise review any Telephone Company records. (d) The Telephone Company and the City agree that the accuracy of the Access Line count is important to both parties. To satisfy any audit responsibilities the City may have, the 2 1 10i 8361737 r q V F r' Telephone Company agrees to provide the City a reconciliation report of Access Lines and a Customer Service Address List, which report and list shall be in a format and in sufficient detail to enable the City to verify the accuracy of the calculation of the Access Line count and type of local access service (e.g., single party residence line, ISDN line or PABX trunk) provided to customers located in the City. The parties agree to limit Telephone Company's responsibility to produce such reports to two occasions during the term of this ordinance. One such occasion shall occur during the third year of the Ordinance. City reserves the right to determine the other occasion for which such information shall be made available by Telephone Company for inspection. City agrees to provide reasonable notice beforehand of each such request for inspection. The parties contemplate that reports produced by Telephone Company will be as of September 30th of the year in which inspection is requested. The Telephone Company will provide a report containing a summary of residence and business Access Lines within the city and the gross amount of Access Line Fees billed customers with each quarterly remittance. The report shall include the number of Access Lines as of the end of each month in the calendar quarter being reported, as such data is maintained in Telephone Company's REVUNIT database, or any successor database. The Customer Service Address List shall not include any customer names or telephone numbers. If the City becomes aware of information that 22 - 1029361571 c n affects the accuracy of such List, City shall promptly inform the Telephone Company, and Telephone Company shall review such information and, on verification, correct the Customer Service Address List, and Access Line count. City accepts and agrees that the Customer Service Address List and Access Line count are proprietary and the exclusive property of the Telephone Company, and agrees to return both the Customer Service Address List and Access Line count report, and any data copied or taken therefrom in any form, to the Telephone Company within sixty days of its receipt of such List or report, unless such time is extended by the written agreement of the parties. As the Customer Service Address List is the exclusive property of the Telephone Company, the City agrees not to release any information contained in that List to anyone unless ordered to do so by a court of competent jurisdiction. (e) The compensation provided for herein constitutes reasonable compensation for the consideration granted to the Telephone Company herein. I I I (f) Payment of the "Annual Fee" shall not relitve the Telephone Company from paying all applicable municipally-owned utility service charges, ad valorem and sales taxes adopted by the city. 23 1018361577 ~T M F I~ (g) In the event that either (1) territory within the boundaries of the City shall be disannexed and a new incorporated municipality created which includes such territory or (2) i territory shall be consolidated or annexed into the City, then notwithstanding any other provision of this Ordinance, the A,inual Fee shall be adjusted, effective on the effective date of the annexation. To accomplish this adjustment, within sixty (60) days following the action effecting a disannexation/annexation as described above, the City shall provide the Telephone Company with maps of the affected area(s) showing the new boundaries of the City. If the City fails to timely provide the maps of the affected areas, then the fees from such additional Access Lines will not become payable to City until sixty (60) days after receipt by TBLBPHONB COMPANY of such maps from the City. (h) In the event of an annexation or disannexation as described above, the Annual Fee paid to the city will be adjusted based on the City's gain or loss of Access Lines using the same methodology prescribes in section 9(a) above. The effective date of the adjustment shall be the same as the effective date of the annexation/disannexation action by the City, provided that the City has Supplied the appropriate annexation/disannexation maps to the Telephone Company in accordance with the provisions herein. The City agrees to reimburse the Telephone Company for any portion of any Annual Fee that may have been paid to the City 24 - 1039961537 3 C F F ~S after the effective date of a disannexation but prior to the receipt by Telephone Company from City of notice of such disannexation. (i) In the event a regulatory agency of the State, or court of competent jurisdiction finds that the Access Line fee compensation methodology contained in Section 9(a) of this Ordinance is invalid or unenforceable, then for the remainder of the tern of this Ordinance or until such time as the parties agree to another compensation methodology, whichever occurs first, Telephone company agrees to pay annual compensation under this Ordinance to City in an amount equal to the total of the previous four quarterly payments, such compensation to be paid in quarterly installments and if necessary pror,%ced from the date of such order of the regulatory agency or court. SECTION SUCCESSORS AND ASSIGNS The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective legal and bona fide z,~presentatives, successors and assigns. SECTION 10. PERIOD OF AGREEMENT This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending five (5) years after such date. This Ordinance may be extended for an 25 1916351537 F additional five (5) years if mutually agreed to in writing by both parties and such extension is approved by the City in accordance with the City's Charter. SECTION 11. FUTURE CONTINGENCIES Notwithstanding anything contained in this ordinance to the contrary, in the event that this Ordinance or any section, sentence, clause, phrase, or part thereof, providing any compensation due the City under this Ordinance, becomes, is held to be, or is declared or determined by judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unconstitutional, unlawful, invalid or otherwise inapplicable, in whole or in part, the Telephone Company and the City shall meet and negotiate in good faith to obtain a new ordinance that is in compliance with the authority's decision or enactment and in which the Telephone Company shall pay to City a reasonable but constitutional and valid compensation. SECTION 12. GOVERNING LAW AND VEM (a) This Ordinance shall be construed in accordance with the law of the State of Texas and the City Charter and City Ordinances in effect on the date of passage of this ordinance to the extent that such Charter and Ordinances are not in conflict with or in 2 6 1019961577 M F P; violation of the Constitution and laws of the United States or of the State of Texas. (b) Venue for any dispute arising under this Agreement shall be in Denton County, Texas. (c) This ordinance shall be construed and deemed to have been negotiated at arms length and drafted by the combined efforts of the City and the Telephone Company. SECTION 13. DISPUTE RESOLUTION (a) Notwithstanding any other provision of this Ordinance, the Parties hereto agree that any claim, cause of action or other dispute based upon or arising out of th:. Drdinance (a "dispute") shall be conducted, decided, determined aad/or resolved pursuant to and in accordance with the provisions of this Section. The parties desire to resolve disputes arising out of this Ordinance without litigation. Accordingly, in the event of any dispute hereunder, the Parties hereto agree to attempt in good faith to resolve their dispute between themselves. Within ten (10) days after receipt of the written request of a party, each party will appoint a knowledgeable, respcnsible representative or representatives to meet and negotiate in good faith to resolve any dispute arising under this ordinance. The parties' representatives will meet within ten (10) days after the appointment of such representatives and negotiate in good faith to resolve any such dispute. 27 - 1019961577 SS 9 . } (b) Except for action seeking a temporary restraining order or injunction related to the purposes of this Ordinance, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure, and also agree not to s,ie any party to this Ordinance with respect to controversy or claim arising out of or relating to this Ordinance or its breach prior to exhausting the procedures set out in this section. (c) If the parties are unable to settle their dispute at the meeting of representatives provided for in subsection (a), either party may, on written notice to the other party, initiate non- binding mediation of the dispute before a single mediator affiliated with Judicial Arbitration and Mediation Services, Inc. (JAMS) or another mediation service mutually agreeable to the parties. Mediation is a forum in which an impartial person, the mediator, facilitate communication between the Parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his own judgment on the issues for that of the parties. Unless expressly authorized by the parties, the mediator may not disclose to either party information given in confidence by the other and shall at all times maintain confidentiality with respect to communications relating to the subject matter of the dispute. Unless the parties agree otherwise, all matters, including the conduct and demeanor of the parties and their counsel during mediation, are confidential and shall be inadmissible as settlement discussion pursuant to Rule 2 B - 10189615)7 i r d } 498 of the Federal Rules of Evidence or the applicable state rules. The mediator shall be selected by agreement of the parties within thirty (30) days after either party first requests mediation of the other. If a single mediator :annot be agreed upon, then each party shall select its own mediator from those on the JAMS approved list; those two mediators will then select a third independent mediator who will conduct the mediation session(s). The mediator's fees will be borne equally by both parties. In the event mediation is requested, any applicable statutes of limitations shall be automatically tolled until the mediator declares an impasse. If either party desires to request the production of information for its use in the mediation, it shall deliver such request to the other party within five (5) days of the selection of the mediator. Any objection to such production shall be delivered to the mediator and the requesting party within five days of receipt of the request, and the mediator shall issue an opinion within five (5) days of such objection, as to whether the information is relevant to the issues presented for mediation and should be produced. If either party refuses to proceed with the mediation in accordance with the ruling of the mediator, the mediation shall be deeme1 to be at impasse, and the parties may then resort to any other available recourse. In the event mediation occurs but fails to resolve the dispute, the parties may then ,tesort to means outside the scope of this Section including filing suit. 2 9 - 1019961533 4 f ~i t, (d) Neither the City nor the Telephone Company by accepting this ordinance waives its right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this Ordinance by the other party, including seeking injunctive relief in a court of competent jurisdiction. Such right to seek injunctive relief is expressly reserved and all terms and provisions hereof shall be enforceable through injunctive relief. SECTION 14. GOVERNMENTAL IMMUNITY. All of the regulations provided in this Ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public. Any member of the governing body or City official or employee charged with the enforcement of this ordinance, acting for the City in the discharge of his duties, shall not thereby render himself personally liable; and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any act required or permitted in the discharge of his said duties. SECTION IS, GRANTING POWER (a) The City continues to take the position that the City has the power to grant or deny consent to the Telephone Company's occupancy and use of the Rights-Of-Way within the City. The Telephone Company continues to take the position that Federal law 30 - 1010961533 s and Texas law do not permit the City to deny consent to the Telephone Company to occupy and use such Rights-Of-Way. Both the City and the Telephonw.Company agree that their actions in entering this agreement by ordinance shall not in any way be a i waiver of either party's position as stated herein. (b) Nothing in this section affects the authority of the City to manage the public Rights-Of-Way or to require a fair and reasonable compensation from all telecommunications providers, on ` a competitively neutral and nondiscriminatory basis, and the compensation will be publicly disclosed by the city. SECTION 16. REPEAL OF CONFLICTING PROVISIONS All other ordinances and agreements and parts of agreements and ordinances in conflict with the provisions of this ordinance are hereby repealed to the extent of such inconsistency. i SECTION 17. NOTICE For any purposes related to this ordinance, notice to the City shall be to: Office of City Manager/Secretary City of Denton 215 E. McKinney Denton, TX 76201 Notice to the Telephone Company shall be to: 3 1 - 1G1R 957533 0 z Associate General Counsel GTE Southwest Incorporated P.O. Box 152013 Irving, TX 75062 Notice will be effective upon delivery at the above addresses until the City or the Telephone Company notifies the other, in writing, of a change of address. SECTION 18. PARTIAL INVALIDITY AND REPEAL PROVISIONS If any section, sentence, clause or phrase in this ordinance is for any reason held to be illegal, ultra vires, unconstitutional, void, or unenforceable such invalidity shall not affect the validity of the remaining portions, it being the intent of the City in adopting this ordinance and the Telephone Company in accepting and agreeing to it that no portion hereof or provision hereof shall be inoperative or fail by reason of any unconstitutionality or invalidity or any other portion, provision, or regulation, and to this end, all provisions of this Ordinance are declared to be severable. This Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City, and this Ordinance shall not operate to repeal or affect any of such other ordinances except insofar as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed to the extent of such inconsistency. All ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed to the extent of such 32 /019361533 Y; inconsistency. Provided all other ordinances, rules, regulations, and agreements which are not in conflict with this Ordinance and which in any manner relate to the regulation of the City streets, alleys, and public places or the business of the Telephone Company shall remain in full force and effect. SECTION 19- EFFECTIVE DATE AND ACCEPTANCE OF AGREEMENT The Telephone Company shall have sixty (60) days from and after the passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary. Upon such filing, this Ordinance shall take effect and the effective date of this Ordinance shall be January 1, 1997, and it shall be in force from and after such date, and shall effectuate and make binding the agreement provided by the terms hereof. All costs of any publication required by law shall be at the expense of the G Telephone Company in addition to other charges provided for herein. SECTION 20. TRANSFER OR ASSIGNMENT This Ordinance shall not be transferred or assigned by the Telephone Company except with the approval of the governing body of the City expressed by ordinance and subject to all terms of such ordinance, which shall not be unreasonably withheld. 33 - soses6se~a d A F . y L! Ay 4 a' SECTION 21y OPEN MEETING It is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED and APPROVED by the City Council of the City of Denton, Texas, this day of A.D. 19 MAYOR ATTEST: City Secretary APPROVED AS TO FORM: City Attorney i The City, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading 34 - 1018962573 s r, a. 2. and finally effective (if a general law city) as of this _ day of 19 MAYOR Council Member Council Member Council Member Council Member Council Member Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the day of 19 , at a regular session of the City Council. J Mayor, voting Council Member, vcting Council Member, voting Council Member, voting Council Member, voting i Council Member, voting Council member, voting The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the 35 - ictescis3a i b F clay of 19 , at a regular session of the City Council. Mayor, voting Council Member, voting _ Council Mender, voting Council Member, voting Council Member, voting Council Member, voting - Council Member, voting The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the day of 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting Council Member, voting _ Council Member, voting STATE OF TEXAS § § COUNTY OF DENTON § I' , City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the right- of-way rental agreement between the City of Denton, Texas, and GTE Southwest Incorporated as indicated herein. The same is now 36 - 1(16961537 I r I'a4.'.ir: y F Y, recorded in Volume Page of the Ordinance Records of the City of Denton, Texas. WITNESS MY HAND this the day of A.D. 19 City Secretary (Seal) i r 37 - 1GiB d61SJJ r { w f _.r ACCEPTANT, WHEREAS, the City Council of the City of Denton, Texas, did on the day of 19 , enact an Ordinance entitled: AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE COMPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL '"CAL AND LONG-DISTAiTCE TELEPHONE BUSINESS; PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS; PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER THIS OPDINANCE; PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS; PROVIDING FOR ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FO NOTICE, PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; PROVIDING FOR FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE; and WHEREAS, a,-.id Ordinance was on the day of 1996, duly approved by the Mayor of said city and the seal of said City was thereto affixed and attested by the City Secretary; NOW THEREFORE, , GTE Southwest Incorporated hereby in all respects accepts, approves, and agrees to said Ordinance, and same shall constitute and be a binding contractual obligation of GTE Southwest. Inc. and of the City without waiver of any other remedy by GTE Southwest, Inc. or the City and files this its Sal 89615)9 f written acceptance with the City Secretary of the City of Denton, Texas, in his office. Dated this day of A.D. 19 GTE SOUTHWEST INCORPORATED By: ATTEST: Assistant Secretary Accel.tance filed in the office of the City Secretary of Denton, Texas, this day of A.D. 19 City Secretary i 2 1018961571 f Y F Ate Ids Nb. ,Q AD Agenda Item Date . (Ts" CITYOP DENTON, TEXAS MUNICIPAL BUILDING • DENTON TEXAS 76201 • TELEPHONE (817) 566-8307 Of5ce or the Cffy Manager CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: November 5, 1996 SUBJECT: An Ordinance Authorizing the City Manager to Execute A Public Transportation Contract And Subsequent Amendments with the Texas Department of Transportation For Funding Public Transportation. RECOMMENDATION: Staff recommends the adoption of this ordinance. BACKGROUND: Approval of thie: ordinance would authorize the City Manager to execute a contract with the Texas Department of Transportation (TXDOT) to fund public transportation in Denton. The funding secured from this grant will be used to supplement fixed route and demand response transportation services and meet Denton's public transportation needs during the FY 96-97 (September 1, 1996 through August 31, 1997). The total amount of TXDOT public transportation funds to be received under this contract is $240,000. The City of Der.:on has requested ;102,061 to fund transportation operations, planning and capital purchases to match the Federal Transit Administration grant previously approved on September 17, 1996. The remaining funds, $135,599, will be used to fund the purchase of other capital equipment, eight (8) busea for the fixed route system and two (2) vans for demand response service. As you know, the operations funding from the Federal Transit Administration was reduced by approximately 43V for the FY 95-97. Although public transportation funds were available from TXDOT, tho City would not be permitted by TXDOT to use these leftover funds to match more than 50k of the PTA's operations contribution. Therefore, any remaining TXDOT PTF funds wou Y '7e lost to the City of Denton if not used to fund capital and planning activities. 'Dedicated to Quality Service' s 1 November 5, 1996 Page 2 Staff feels purchase of these items will assist in upgrading the transportation system despite the reduced federal funding. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Citizens of Denton who use public transportation. FISCAL IMPACT: The City of Denton's contribution is composed largely of staff hours (in-kind) and other local contributions. This grant assists the City of Denton in meeting Federal Transit Administration match requirements associated with funding public transportation in Denton. Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared By: j C Veronica S. Rolen Administrative Assistant II Approved By: osep ortugaI Assistant Lo the City anager Attachments: 1. Public Transportation Fund Contract 2. Ordinance a. f. ti Y c• Y, • t,%wpdoce\ord\m u.ord ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PUBLIC TRANSPORTATION AGREEMENT AND SUBSEQUENT AMENDMENTS WITH THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING PUBLIC TRANSPORTATION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the United States Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the State of Texas is authorized under TEX. REV. CIV. STAT. art. 6663b, to assist the City in procuring federal aid for the purpose of establishing and maintaining public and mass transportation projects; and WHEREAS, the City of Denton desires to obtain public transpor- tation funds from the State for the purpose of establishing and maintaining public and mass transportation systems; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS- SECTION-1. That the City Manager is authorized to execute a Public Transportation Contract, substantially in the form of the attached agreement which is made a part of this ordinance for all purposes, and subsequent amendments, on behalf of the City of Denton, Texas, with the Texas Department of Transportation to aid in the financing of public transportation, and any other documents necessary to implement the Contract. SECTION II. That the City Manager is hereby authorized to make expenditures as may be required for the local share of any public transportation costs which may be required under the Contract. SECTION III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1?96. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERcT/ L. PROUTY, CITY ATTORNEY BY: ( Y r I. DESIGNATED RECIPIENTr aq of Daotoo URBANIZED PUBUC TRANSPORTATION (SECTION $in CONTRACT CONTRACTOR NAMPA Cqy of Dmtw CONTRACT NO. sin ale STATE PROJECT NO.URRMI(1Rt2 1 2 3 4 FEDERAL/STATE URBANIZED PUBLIC TRANSPORTATION GRANT PROGRAM 5 CONTRACT 6 7 8 THE STATE OF TEXASI 9 10 THE COUNTY OF TRAVISI 11 12 13 THIS CONTRACT is made by anal bdwnen the slate of Texas, acting through the Texas Department of Transportation, 14 hereinafter called the 'Slate', ard the City of Denton, hereinafter called the "Contractor'. 15 16 17 WITNESSETH 18 19 WHEREAS, the Federal Transit Administration VFIA")49 VS.C., Section 5307, Urbanized Public Transportation Grartt 20 Program, provides that urbanized areas may receive federal funds to enhance the access of persons in those areas for 21 purposes such as bWth taro, shopping, education, recreation, public services, and employment by encouraging the 22 maintenance, development, improvement, and use of passenger transportation systems; ard 23 24 WHEREAS, the Governor of the State of Texas has designated the State to administer the Urbanized Public 25 Transportation Grant Program; and, 26 27 WHEREAS, the State is authorized under Transportation Code, Chapter 455 to assist the Contractor in praying aid for 28 the purpose of establishing and maintain nI; public and mass trantsportatioo projects; and to administer funds appropriated 29 for Public Transportation under Transportation Code, Chapter 456; and, 30 31 WHEREAS, the Contractor has been approved to receive funds from this program through the State; and, 32 33 WHEREAS, the state public transportation monies may be used in conjunction with Federal funds authorized under 34 Section 5307; 35 36 NOW, THEREFORE, in consideration of the premises and of the mutual covenants hereinafter set forth, the parties hereto 37 agree as follows. 38 39 40 AGREEMENT 41 42 43 ARTICLE 1. CONTRACT PERIOD 44 45 This Contract becomes effective on September 1, 1996, end shall terminate on August 31, 1997, unless otherwise 46 terminated or modified as hereinafter provided. Termination of the Contract shall not release the Contractor from the 47 requirements outlined in Articles 10 and 14. 48 3. S f M1 r r 1 ARTICLE 2. PROJECT DESCRIPTION 2 3 The Contractor shall undertake the public transportation project as described in its application, which is included as 4 Attachment A, and in accordance with the tetras and conditions of this Contract. Further, the Contractor shall comply 5 with the provisions of the Uniform Grant and Contract Management Standards prepared in response to the Uniform Grant 6 and Contract Management Act of 1981. 7 8 The Contractor shall commence, carry on and complete the project with all practicable dispatch, in a sound, economical 9 and efficient manner in accordance with the provisions of Attachment A. r 10 11 12 ARTICLE 3. SCHOLARSHIP TRANSIT ASSISTANCE PROGRAM 13 14 The purpose of this program is to provide financial assistance for training, technical assistance, research and support 15 services related to public transportation in urbanized areas. Scholarship funds may be used to support urbanized transit 16 activities in four categories: training, technical assistance, research and related support services. There is no Federal 17 requirement for a local match for the Scholarship funds. Special requirements for scholarship funds are included in 18 Attachment D. 19 20 ARTICLE4. COMPENSATION 21 22 A. The maximum amount payable under this Contract without modification is $241,000. The State will reimburse 23 the Contractor for the authorized costs incurred in carrying out this project which are further described in the 24 budget contained in Attachment A. The State's payment to the Contractor is contingent upon the availability 25 of Federal and/or State appropriated funds. The State shall have no liability for any claim submitted by the 26 Contractor or its subcontractors, vendors, manufacturers or suppliers if sufficient Federal or State funds are not 27 available to pay the Contractor's claims. 28 29 B. To be eligible for reimbursement under this Contract, a cost must be incurred within the Contract period 30 specified in Article I above and be included in the project budget contained in Attachment A. 31 32 C. Payment of costs incurred under this Contract is further governed by cost principles outlined in applicable 33 Federal Office of Management and Budget (OMB) publications as follows: 34 35 Cost Principles for Educational Institutions OMB Circular A-21 36 Cost Principles for State and Local Governments OMB Circular A-87 37 Cost Principles for Nonprofit Organizations OMB Circular A•122 38 39 40 D. Costs claimed by the Contractor shall be actual net costs, that is, the price paid minus any refunds, rebates or 41 other items of value received by the Contractor that have the effect of reducing the cost actually incurred. 42 43 E. All major items of equipment, as dcvribed in the capital budget in Attachment A, shall be included in this 44 Contract as direct costs. The Contractor hereby certifies that items of equipment included in direct costs have 45 been excluded from the indirect costs. 46 47 E Travel costs for lodging, meals, and incidental expenses incurred by Contractor personnel shall be considered 48 to be reasonable and allowable to the extent they do not exceed on a daily basis the per diem set forth in the 49 Federal Travel Regulations or the published travel policy of the Contractor. 50 51 G. Requests for payment are to be submitted to the State on a monthly basis, except as noted below, on invoice 52 statements acceptable to the State. Requests for payment must be furnished to the State within forty-five (45) 53 days of the end of the month during which the costs were incurred. Additional documentation to support all r 54 costs incurred during the billing period may he required at the discretion of the State. As a minimum, each Revked 7/% Page 2 S 44 1 ARTICLE 4. COMPENSATION (Continued) 2 3 must be accompanied by a summary by budget line item which indicates the total amount authorized for each 4 line item, previous expenditures, current period expenditures and the balance remaining in the line item. The 5 Contractor must also document the purchase of goods and services from certified disadvantaged and women- 6 owned business enterprises in the format prescribed by the State. The original invoice with required 7 documentation is to be subtnitted to the following address: 8 9 Mr. Jay R. Nelson, P. E. 10 District Engineer 11 Texas Department of Transportation 12 P.O. Box 3067 13 Dallas, Texas 75221.3067 14 15 H. The State will make paymaY within thirty (30) days of the receipt of properly prepared and documented requests 16 for payment. 17 18 I. The Contractor will submit a foul billing within forty-five (45) days of the Contract termination date specified 19 in Article l above. 20 21 J. The Contractor shall make payments promptly to all subcontractors and suppliers. Failure to do so will be 22 grounds for termination of this Contract by the State. The State shall not be responsible for the debts of the 23 Contractor. 24 25 K. The federal sc urce of fun ding (Catalogue of Federal Domestic Assistance Number "CFDA") for this agreement 26 is 20.509. The entity contracting with the Texas Department of Transportalion is a subrecipient with respect 27 to this agreement and therefore should report federal revenues and expenditures in its financial statements. 28 29 ARTICLE 5. CONTRACT AMENDMENTS 30 31 Changes in the scope, objectives, coat or duration of the project authorized herein shall be enacted by written amendment 32 approved before additional work may be performed or additional costs incurred. Any amendment so approved to ust be 33 executed by both parties within the contract period specified in Article 1. 34 35 ARTICLE 6. SUBCONTRACTS { 36 37 Subcontrac s in excess of $25,000 shall contain all required provisions of this Contract. No subcontract will relieve the 38 Contractor of its responsibility under this Contract. 39 40 ARTICLE 7. RECORDS AND AUDITS 41 42 A. The Contractor agrees to maintain financial records, supporting documents, statistical records and all other 43 records pertinent to this Contract. 44 45 B. The United States Secretary of Transportation, the Comptroller General of the United States, the State's 46 Executive Director, the Texas State Auditor, or any of their duly authorized representatives, shall have access 47 to the records described in paragraph A above at all reasonable times during the contract period and for the 48 period set forth in paragraph C below for the purpose of making audits, examinalions, excerpts and transcripts. 49 50 C. Financial reconis, supporting documents, statistical records and all other records pertinent to the Contract shall 51 be retained for a period of four years from final payment, with the following qualifications: 52 53 1. If any litigation, claim or audit is started before the expiration of the four year period, the records shall 54 be retained until all litigations, claims or audit findings involving the records have been resolved. Revised 7/96 51 Page 3 S 4 r I ARTICLE 7. RECORDS AND AUDITS (Continual) 2 3 2. Records for nonexpendable property acquired with Federal or Stare funds shall be retained for four 4 years aher its foal disposition. 5 6 3. Whm records are transfemd b or mairminal by the Federal or State sponsoring agency, the four year 7 retention requirement is not applicable to the Contractor. 8 9 D. The Contractor further agrees to include these provisions in each negotiated subcontract. 10 11 E. Contractor audit procedures stall meet or exceed the single audit report requirements outlined in Office of 12 Management and Budget (OMB) publications as follows: 13 14 Audits of State and Local Government OMB Circular A•128 15 16 Audits of Institutions of Higher Education and OMB Circular A•133 17 other Nonprofit Institutions 18 19 ARTICLE 8. FINANCIAL MANAGENIENT SYSTEMS 20 21 The Contractor's financial managemant system shall mad or exceed the requirements of the "Uniform Administrative 22 Requirements for Grants and Cooperative Agreements to State and Local Goverrunents' (49 CFR Part 18). Those 23 requirements include, but are not ]incited to: 24 25 A. Aoatrate, current cued complete disclosure of the financial results of each grant program in accor dance with State 26 and Federal reporting requirements. 27 28 B. Records which identify adequately the source and application of funds for grant-supported activities. These 29 records shall contain information pertaining to grunt awards and authorization, obligatiora, conunittneds, assets, 30 liabilities, outlays and income. 31 32 C. Effective control over and accountability for all funds, property and other assets. The Contractor shall 33 adequately safeguard all such assets and shall assure that they are used solely for authorized purposes. 34 35 D. Comparison of aclual with budgeted Amounts for each contract, and relation of financial information to 36 performance or productivity data, including the production of unit cost information, whenever appropriate and 37 required by the State. 38 39 E. Procedures for determining the eligibility for reimbursement and proper allocation of costs. 40 41 F. Accounting records which are supported by source documentation. 42 43 G. A systematic method to assure timely and appropriate re ohution of audit findings and recommendations. 44 45 ARTICLE 9. PROCUREMENT STANDARDS 46 47 Contractor procurement standards shall meet or exceed the requirements of the 'Uniform Administrative Requirements 48 for Grants and Cooperative Agreements to State and Local Governments" (49 CFR Part 18), including insurance and 49 bonding requirements. The Contractor shall have written selection procedures which meet the minimum requirements 50 of that document. The Contractor will hale written protest procedures and provide these to all vendors upon 51 request. The Contractor agrees to comply with applicable Buy America requirements set forth in 49 U.S.C. 53230 and 52 49 CFR Rut 661. The Contractor agrees to comply with the cargo preference requirements set forth in 46 U.S.C. 1241 53 and Maritime Administration regulations set forth in 46 CFR Part 381. 54 Revised 71% r.ge 4 4 F I ARTICLE 9. PROCUREMENT STANDARDS (Continued) 2 3 The State must corcur in the sward of all purchase orders for nonexpendable personal prolxrty as defuwd in 49 CFR Part 4 l8. 5 6 The Contractor will meat all obligations irrurred in its subcontracts with its equipment suppliers, to specifically include 7 the prompt payment of monies due the rippher upon debvery of acceptable equipment. Should payment be delayed for 8 any reason, the Contractor agrees not to operate any equipment hat has bees delivered without the express permission 9 of the equipment vendor and to lend it the same protection it would its own equipment. 10 11 The Contractor shall ne tre that any vehicles purchased for use in this project will comply with the Motor Vehicle Safety 12 Standards as established by the United States Department of Transportation. Further, the Connector shall insure that any 13 vehicles purchased for the project comply with all Federal motor vehicle pollution requirements. Any vehicles purchased 14 using Federal Transit Administration funds mist comply with the ]sus Test requirements 49 U.S.C. 53230 and 49 CFR 15 part 665. 16 i 17 ARTICLE 10. PROPERTY MANAGEMENT 18 19 The Contractor agrees to comply with the property management standards specified in the "Uniform Administrative 20 Requiremutts for Grants and Cooperative Agreements to Swe and Local Governments' (49 CFR Part 18) in its control, 21 use and disposition of property or equipment governed by those standards. Further, the Contractor shall comply with 22 the property management standards adopted by the State in the Texas Administrative Code, Title 43, Chapter 31. In the 23 event that any project facility and equipment are not used in the proper neuter or are withdrawn from public 24 traruportati m services, the Contractor shall immediately notify the State, The State reserves the right to direct the sale 25 or transfer of property acquired under this Contract upon determination by the State that said property has not been fully 26 and/or properly utilized. 27 28 The Contractor shall maintain at {cut the minimum insurance on all vehicles and otccr nonexpendable personal property 29 as required by the insurance regulations of the State of Texas. 30 31 Irrespective of coverage by insurance, unless otherwise approved in writing by the State, in the event of loss or damage 32 to project property, whether by casualty or fire, the fair market value will be the value of de property Un medistely before h 33 the casualty or fire. Unless otherwise approved by the State, in the event of loss due to casualty or fire, straight line 34 depreciation of the asset, based on the irduslry standard for is useful life, shall be considered fair market value. 35 r 36 The Contractor shall not execute any lease, pledge, mortgage, lien or other contract touching or affecting the Federal or 37 Slate interest in any project facilities or equipmen; nor shall the Contractor, by any act or omission of any kind, adversely 38 affect the Federal or State interest or impair its continuing control over the use of project facilities or equipment. 39 40 The Contractor shall notify the State immediately of theft, wreck, vandalism or other destruction of project-related 41 facilities or equipment. 42 43 ARTICLE 11, COORDINATION 44 45 The Contractor will at all times coordinate the provision of public transportation services with other transport kn 46 operators, both public and private, in the area. The Contractor will furnish the State copies of any such coordination 47 agreements. Agreements which authorize the payment of project 5mds to another entity are subject to the approval 48 requirements described in Article 5. 49 50 ARTICLE 11. LABOR PROTECTION PROVISIONS 51 52 The C'odraetor agrees to urdertake, carry out and complete the project under the terms and conditions determined by the 53 Secretary of the United Stales Department of Labor to he Asir and equitable to protect the interests of employees affected 54 Revised 7/% 7 r.a. 5 t A F 1 ARTICLE 12. LABOR PROTECTION PROVISIONS (Continued) 2 3 by the project ant meeting the requirements of U.S.C. 5333(b). Documentation on compliance efforts is attached hereto 4 as Attachment B. 5 6 ARTICLE 13. CHARTER AND SCHOOL BUS OPERATIONS 7 8 A. The Contractor, or arty subcontractor acting on its behalf, shall not engage in charter bus operations outside the 9 project area within which it provides regularly scheduled public transportation service, except as provided under 10 49 CFR Part 604.9, and regulations pertaining to Charter Service Operations set forth at 49 U.S.C. 5323(d) and 11 49 CFR Part 604. Any subcontract entered into under these regulations is incorporated into this Contract by 12 reference. 13 14 B. The Corracor, or any sulk mractor acting on its behalf, shall not engage in school bus operations, exclusively 15 for the transportation of students or school personnel, in competition with private schoot bus operators, except 16 as provided miler 49 U.S.C. 5323(f) and 49 CFR Part 605. Any subcontract entered into under these 17 regulations is incorporated into this Contract by reference. 18 19 ARTICLE 14. SIONITORING AND REPORTING 20 21 A. The Contractor shall submit to the Sure reports in the format prescribed by the State. Further, the Contractor < 2- shall assist the State in the completion of the annual physical inventory of project equipment. Noncompliance 23 with state and federal program requirements will be resolved is accordanta with the TAC, Section 31.480. 2-; 25 B. The Contractor shall promptly advise the Stale in writing of events that have a significant impact upon the 26 Contract, including: 27 28 1. Problems, delays or adverse conditions that will materially affect tl.s ability to attain program 29 objectives, prevent the meeting of time schedules and goads, or prechude the attainment of project work 30 units by established time periods. This disclosure shrill be accompanied by a statement of the action 31 taken, or contemplated, and any State assistance needed to resolve the situation. 32 33 2. Favorable develotments or events that will enable meeting time schedules and goals sooner than 34 anticipated or producing more work units than originally projected. 35 36 ARTICLE 15. DISPUTES 37 38 A. The Contractor shall be responsible for the senlement of all contre '.ual and administrative issues arising out of 39 procurement enteral in support of contract work. 40 41 B. The State shall ad as referee in all disputes regarding non-procurement issues, and the State's decision sha!1 be 42 final and binding. 43 44 ARTICLE 16. REMEDIES 45 46 Violation or breach of contract terms by the Contractor shall be grounds for termination of the Contract, and any 47 increased cost arising from Contractor's default, breach of contract or violation of terms shall be paid by the Contractor. 48 49 This agreement shall not be considered as specifying the exclusive remedy for any default, but all remedies exiting at 50 law and in equity may be availed of by either party and shall be cumulative. 51 52 ARTICLE 17. TERDIINATION 53 54 A. The State may terminate this Contract at any time before the date of completion whenever it is determined that Re lsed 7l% Yrge 4 f 'r• I ARTICLE 17, TERMINATION (Continued) 2 3 the Contractor has failed to comply with the conditions of the Contract. The State shall give wriiten notice to 4 the Contractor at least seven (i) davs prior to the effective date of termination and specify the effective date of 1 termination and the reason f-. the termination. 6 7 B. If both parties to this Contract agree that the continuation of the Contract would not produce beneficial results 8 commensurate with the further expenditure of funds, the parties shall agree upon the termination conditions, 9 including the effective date. In the event that both parties agree that resumption of the Contract is warranted, 10 a now contract must be developed and executed by both parties. 11 12 C. Upon germination of this Contract, whether for cause or at the convenience of the parties hereto, all fsished or 13 unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc., prepae; by 14 the Contractor shall become the property of the State. 15 16 D. The SWe shall cornpensate the Conractor for those eligible expenses incurred during the contract period which 17 are directly attnbutable to he completed portion of the work covered by this Contract, provided that the work 18 has been completed in a manner satisfactory and acceptable to the State. The Contractor shall not incur Derv 19 obligations for the terminated portion after the effective date of termination. 20 21 E. Except with respect to defaults of subcontractors, the Contractor shall be in default by reason of any failure in 23 performance of thus Contract in accordance with its terns, including any failure by the Contractor to progross m the performance of the work. Failure on the part of the Contractor to fulfill its obligations as set forth in this 24 Contract will be waived by the State for causes due to Acts of God or force majeure. 25 26 ARTICLE 18. GENERAL PROVISIONS 27 28 A. CIVIL RIGHTS 29 30 During the performance of this Contract, the Contractor, for itself, its assignees and successors in interest agrees 31 as follows: 32 33 1. Compliaue_With Re ,rations; The Contractor shall comply with the regulations relative to 34 nondiscrimination in federally assisted programs of the Department of Trans nation 35 'DOT') 49 CFR, Part 21 and 23 CFR, Prot 71C.405(b) po (hereinafter 36 , as they may be smarted from time to time (hereinafter, referred to m the Regulations), which are herein incorporated by reference and made a 37 part of this Contract. 38 39 2. Noodiserimitstiop: The Contractor, with regard to the work performed by it during the Contract, shall 40 not discriminate oa the grounds of race, color, sex or national origin in the selection and retention of 41 subcontractors, irmcluding procurement of materials and leases of equipmenl. The Contractor shall not 42 participate either directly or indirectly in the discruninalion prohbiled by section 21.S of the 43 Regulations, including emplo)Tnent practices wfinen die Contract covers it program set forth in Appendix 44 8 of the Regulations. 45 46 3. Solicitation fr.ziubcontracLs.Including Procurement.afMaterials AndEquipment: In all solicitations 47 either by competitive bidding or negotiation made by the Contractor for work to be performed under 48 a subcontract, including procurement of materials or leases of v4uipmrent, each potential subcontractor 49 or mpplier shall be noliflel by the Contractor of the Contractor's obligations under tlis Contract and 50 the Regulations relative to nondiscrimination on the grounds of race, color, sex or national origin. 51 52 4. Information and Reports; The Contractor shall provide all information and reports required by the 53 Regulations or directives issued pursuant thereto, and shall permit access to its books, records, 54 RrrWd 7.% n ~-~1I P+gr 9 r r, F 1 ARTICLE 18. GENERAL PROVISIONS (Continued) 2 3 accounts, other sources of information, RW its facilities as may be Cetermined by the State or the 4 Federal Transit Administration (FPA) to be pertinent to ascertain compliance with such Regulations, 5 orilers sid instructions. Where any information required of a Contractor is in the exclusive possession 6 of artother who fails or refuses to furnish this information, the Contractor shall so certify to the State, 7 or the Federal Transit Administration, m appropriate, anal shall set forth what efforts it has made to 8 obtain the infornation. 9 10 5. Sanctions for-Noncompliance: In the event of the Contractor's noncompliance with the 11 nondiscrimination provisions of this Contract, the State shall impose such centract sanctions as it or 12 the Federal Transit Administration may determine to be appropriate, including, but not limited to: 13 14 (a) Withholding of payments to the Contractor under the Contract until the Contractor complies; 15 and/or 16 17 (b) Cancellation, termiration or suspension of the Contract, in whole or in part. 18 19 6. Inbcpnratioanf~rm isions: The Contractor shall include the provisions of paragraphs (1) through (6) 20 in every subcontract, including procurement of materials and )rases of equipment, unless exempt by 21 the Regulations, or directives issued pursuant thereto. The Contractor shall take such action wilb 22 respect to arty subcontract or procuranent as the State or the Federal Transit Administration may direct 23 as a means of enforcing such provisions inch, ling sanctions for noncompliance: Provided, however, 24 that, in the event a Contractor becomes involved in, or is threatened with, litigation with a 25 subcontractor or supplier as a result of such direction, the Contractor may request the State to enter 26 into such litigation to protect the interests of the State, and, in addition, the Contractor may recipest the 27 United States to enter into such litigation to protect the interests of the United States. 28 29 B. NONDISCRIMINATION ON THE BASIS OF DISABILITY 30 31 The Contractor agrees the no otherwise qualified person with disability(s) shall, solely by reason of his/her 32 disability, be excluded fr is participation in, be denied the benefits of, or otherwise be subject to discrimination 33 under the project. Th r, Contractor shall insure that all fixed facility construction or alteration and all new 34 equipment inhaled in Lire project comply with applicable regulations regarding Nondiscrimi-Wioo on the Basis 35 of Handicap in Programs arid Activities Receiving or Benefitting from Federal Fit, uncial assistance, set forth 36 at 49 CFR Part 27, and any amendmeris thereto, and the Americans with Disabilities Act. 37 38 C. DISADVANTAGED BUSINESS ENTIRPR'SE PR03RAM REQUIREMENTS 39 40 It is the policy of the Department of Transportation that Disadvantaged Business Enterprises as defined in 49 41 CFR Part 23 shall have the maximum opportunity to participate in the performance of contracts financed in 42 whale or in part with Federal furls. Consequently, the D:.,advantaged Business Enterprise requirements of 49 43 CFR Part 23 apply to this Contract as follows: 44 45 1. The Contractor and any subcontractor agrees to insure that Disadvantaged Business Enterprises as 46 define] in 49 CFR Pka 23 have the naximwn opportimity to participate in the performance of contracts 47 and m&=,tracts financed in whole or in part with Federal funds. In this regard, the Contracts shall 48 take all necessary and reasonable steps in accordance wit't 49 CFR Part 23 to in ire that disadvantaged 49 business enterprises have the maxinumn opportunity tc compete for and perform contracts. 50 51 2. The Contractor and any suhcontractor shall not discriminate on the basis of race, color, national origin 52 or sex in the ward arid performance of contracts finnded in whole or in part with Federal funds. i3 54 3. These requirements slwll be physically included in any subcontract. Ro Wd 7M Pago I r Q 1 ARTICLE 18. GENERAL PROVISIONS (Continual) 2 3 The per wttage goal for Disadvantaged Business Enterprise participation in the activities to be performed under 4 this Contract is a minimum of 15% of the Contract dollars available for contracting opportunities as set fortu 5 in 49 CFR Part 23 and amended by Section 106° of the Surface Transportation Assistance Act of 1987. 6 7 Failure to carry out the requirements set forth above shall constitute a breach of contract aril, after the 8 notification of the Stale, may result in termination of the contract by the State or other such remedy as the Stale 9 deems appropriate. 10 11 D. EQUAL EMPLOYMENT OPPORTUNITY 12 13 The Contractor Agrees to comply with Executive Order 11245 titled "Equal Fin 1 meat 14 amaxlad by Exectaiw Order 11375 and as supplemented in Department of Labor Regulations 411 CFR Part "60. 15 16 E. AFFIRMATIVE ACTION 17 18 The Contractor warrants that affirmative action programs as required by the rules artd regulations of the 19 Secretary of Labor 41 CFR 60-1 and 60-2 have been developed and are on file. 20 21 F. SPECIAL PROVISIONS FOR CONSTRUCTION OR REPAIR CONTRACTS ' 22 23 1. Contract Work Hours and So'.* Standards Act 24 25 The Contractor agrees to comply with Sections 103 and 107 of the Contract Work Hours and Safety 26 Standards Act (40 U.S.C. Part 327.330) as supplemented t, D. i - tment of Labor regulations (29 27 CFR, Part 5). 28 29 2. Copeland "Anti-Kickback" Act 30 31 The Contractor agrees to comply with the Copeland "Anti-Kickback" Act (I8 U.S.C. 874) as 32 supplemented in Department of Labor regulations (29 CFR, Part 3). 33 34 3. Davis-Bacon Act 35 36 The Contractor agrees to comply with the provisions of the Davis-Bacon Act (40 U.S.C. 276a-276a-5) 37 as supplemented by Department of Labor regulations (29 CFR, Part 5). 38 39 4. Relocation and Land Acquisition 40 41 The temos of the Department of Transportation regulations "Uniform Relocation and Real Property 42 Acquisition for Federal and Federally Assisted Programs" 49 CFR Part 25 are applicable to this 43 Contract. 44 4:.i 5. Insurance and Bonding 46 47 The Contruclor shall comply with insurance and bonding requirements as established in 49 CFR Part 48 18. 49 50 6. Signs 51 52 The Contractor slut! cause to be enxted at the site of construction, and maintained during construction, 53 signs satisfactory to doe State and the United States Department of Traits Ration identifying 54 erad indicating that the Grnernmenl is panic ;vtting in the Jeveloprnen of the projeclthe project Raised 719r P:pe 9 i 1 ARTICLE 18. GENERAL PROVISIONS (Continued) 2 3 O, ENVIRONMENTAL PRt?rECT1ON AND ENERGY EFFICIENCY 4 5 The Contractor agrees to comply with all applicable standards, orders or requirements issued under Section 306 m 6 of the Clean Air Act (42 U.S.C. 1857[hl); Section 508 of the Clean Water Act (33 U.S.C. 1368); Executive 7 Order 11738 and Environmental Protection Agency regulit Ens (40 CFR, Part IS). The Contractor further 8 agrees to report v:-.::tuns to the State. 9 10 The Contractor agrees to recognize staridands and policies relating to energy efficiency which are contained in 11 the State energy conservation plan issued in compliance with the Energy policy and Conservation Act TL. 94- 12 163). 13 14 H. CONTROL OF DRUG AND ALCOHOL USE 15 16 The Contactor agrees to comply with the terms of Federal Transit Administration regulations on drug and 17 alcohol use set forth at 49 CFR Part 653 and 654. 18 19 1. SUSPENSION AND DEBARMENT 20 21 The erne of the Department of Transportation ref-.lotion, 'Suspension and Debarment of Participants in DOT 22 Fin, ncial Assistance Programs', set forth in Ex kative Order 12549 as implemented by 49 CFR Part 29, are 23 ap dicable to this contract and Contractor roust complete the Debarment Certification which is included as 24 Aua: hnw" C. Furthermore, any subcontractor employed by the Contractor is also bound by the terms of 49 25 CFR Pert 29 and must complete the Lower Tier Participant Debarment Certification which is also included as 26 Attachment C. 27 28 1. RESTRICTIONS ON LOBBYING 29 30 Pursmwnt to Section 31 U.S.C. 1352, 49 CFR Part 19 and 49 CFR Part 20, contractors who apply or bid for an 31 award of $100,000 cr more shall file the certification required by 49 CFR Part 20 which generally prohibits 32 recipients, of Federal funds from using those monies for lobbying purpose,. The Contractor shall comply with 33 the attached Special Provision 'New Restrictions on Lobbying', which is included as Attachment E. 34 35 K. PROHIBITED ACTIVITIES j 36 37 The Contractor or any Rbxggmetor shall not use Fedr--' f1.te assistance funds for publicity or propaganda .'is purposes designed to support or defeat legislation periling before Congress or the Texas Legislature. 39 40 No member of or delegate to the Congress of the United States shall be admitted to any share or pan of this 41 Contract or to any benefit arising therefrom. 42 43 No member, officer or employee of the Contractor during his tenure or one year thereafter shall have any 44 interest, direct or indirect, in this Contract or the proceeds thereof. 45 46 Texas Transportation Comunission policy mandates that employees of the Department shall not accept any 47 benefits, gifts or favors from ars person doing business or who reasonably speaking may do business with the 48 State under this Contract. The drily exceptions allowed are ordinary business lunches and items that have 49 received the advanced written approval of the State's Executive Director. Any persons doing business with or 50 who may reasonably speakingdo tusinLm with the State under this Contract may not make any offer of benefits, 51 gift or 1;"rs to Departmental employees, except as mentioned here above. Failure on the part of m me Contractor 52 to adhere to this poli •y may result in the termination of this Contract. 53 54 Rniwd 11% Pays 10 r k t I ARTICLE 1R. GENERAL PROVISIONS (Continue 2 3 L. DELINQUENT TAX CERT[FICATION 4 5 Pursuant to Article 2.45 of the Business Corporation Act, Texas Civil Statutes, which prohibits the State from 6 awarding a contract to a corporaroa that is delinquent in paying taxes under Chapter 171, Tax Code, the 7 Contractor hereby certifies that it is not delinquent in its Texas franchise lax payments, or that it is exempt from 8 or not subject to such tax. A false statement concerning the Contractor's franchise tax status shall constitute 9 grounds for cancellation of the contract at the sole option of th a State. 10 11 M. ASSURANCES 12 13 The Contractor will comply with Texas Government Code, Chapter 57) by insuring that no officer, a mployee 14 or member of the Contractor's governing board or of the Contractor's subcontractor shall vote or coe m the 15 enpleymed of any person related within the second degree by affinity or third degree 16 member of the body or to by consanguinity to any 17 governing any other officer or employee authorized to employ or supervise such person. Ibis prohibition shall not prohibit the employment of a person who shall have been continuously 18 ertpioyad for a period of two years prior to the election or appointment of the officer, employee, governing body 19 _under related to such person in the probibited degree. 20 21 Ti.a Contraclor will insure that all infon u,tion collected, asseotbled or maintained by the applicard relative to 22 this pmjact shalt be available to the public durvlg normal busLws hours in compliance with Texas Government 23 Code, Chapter 551 unless otherwise expressly f,t ided by law. 24 25 The Contractor will comply with Texas Government Crxl Chal ter 552, which requires all regular, special or 26 called meetings of governments] bodies to be open to the public, except m otherwise prov=uod by law or 27 specifically permitted in the Texas Constitution. 28 29 N. PATENT RIGHTS 30 31 If any invention, improvement or discovery of the Contractor or cny of its subcontractors is conceived or first 32 actually reduced to practice in the course of or under this project, wh Ch invention, improvement or discovery 33 may be patentable under the Parent Laws of the United States of America or any foreign ootmlry; and if said 34 rove Lion, improvement or dis,.wery has not already become the property of 35 the Contractor shall immediately notify the State and pr"o a detailed report. The rights andtresponsibilitieas 36 of the Contractor, subcontractors and the United States Government with respect to such invention will be 37 determined in accond,trtce with applicabie Federal laws, regulations, policies and any waivers thereof. Further, 38 the Contractor shall comply with the provisions; of 41 CFR, Part 1.9. 39 40 O. COPYRIGHTS 41 42 The State and the United States Department of Transportation shall have the royalty-free, non-exclusive and 43 irrevocable right to use, t 4 4 na'fOdtKe publish or otherwise use, and to authorize ethers to use, the work for goverrunent 45 purposes. 46 P. INDEMNIFICATION 47 48 The Contractor shall indemnify and save harrrdeu the Stale from all claims and liability due to 49 its agents, employees or volunteers, performed under this agreement and which result from anerrtorr,, omission, t 50 or negligent act of the Contractor or of any person employed by the Contractor. The Contractor shall also save 51 harmless the State from any and all expenses, including attorney fees which might he incurred by the Star + in 52 litightion or otherwise resisting said claim or liabilities which might be imposed on The State as a :asudt of 53 activities by the Contractor, its agents, employees or volunteers. 54 M n W d 7/% r ~ r t'~ae 11 S ra ra . ` 1 ARTICLE 18. GENERAL PROVISIONS (Continued) 2 3 4 T. PRIOR AGREEMENTS 5 6 This agreement constitutes the sole and only agreement of the panes hereto and supersedes any 7 understandings or written or oral agreements betwixm the parties respecting the within subject matter. Per 8 9 IN TESTIMONY WHEREOF, the parties hereto have caused these presents to be executed. 10 11 12 STATE OF TEXAS CONTRACMR: 13 14 Cernified as being executed for the purpose and effect of CITY OF DENTON 15 activating and/or carrying out the orders, established policies, 416 or work programs heretofore approved and authorized by the 17 Texas Transportation ^ommission under the authority of IE'. Minute Order 105871. } 19 8y._ 20 i 21 APPROVED: Title: 22 - 23 24 Date: 1 25 District Engineer 26 Dallas District 27 28 29 Date:` 30 31 32 33 34 35 36 37 38 39 e.at,ae 14 Not 13 1 re~w.i CONTRACTOR. CITYOFDEIVTON CONTRACT NO, 517XXF60f0 CONTRACT BUDGET STATEPRO,IECT: UR89701(18J2 ATTACHMENTA FTA NO: 7X•94X380 UNE ITEM NCc TOTAL FEDERAL STATE LOCAL CAPITAL DESCRIPTION 1 (one) Bus 125.OW 83,000 1 (one) Bus 125,000 78,478 39,060 2,94D 6(s1X)Buses 33,594 43,265 3,257 VarG - Demand Response 2,880 30,711 D One Type XI Bus 112'800 80,240 22,560 5 Bus She Men 178,100 112,180 23,153 0 10 Bus Benches 20,000 16,000 12,467 5 000 2.600 1,400 ReplWomen1 Signs 4,000 650 350 CMAOOemonstralion 2'~ 1.600 260 6,440 5,152 8J7 140 CAPITAL iOTAI: 451 607,934 423,830 70% 163,099 27% 2--- PIANNINO 21,005 3% XX.XX.XX 77,210 61,768 10,037 5,405 77,210 61,768 80% 10,037 13% 5,05 5,405 79'. OPERATING )0(.)(X.XX 249,864 122,000 68,864 51,000 249,864 122,000 49% 68,864 27% 61,000 21% TOTAL: 935,008 607,598 65% 210,000 26% 87,410 FEDERAL FUNDING SPLIT TX-WX246 TX•VtiX278 TX-90•X310 7X'90'%380 0 TOTAL. CAPITAL 93,120 78,178 PLANNING 83,000 .030 0 169,232 OPERATING 0 00 0 61,768 161,768 _ 0 122,000 122,000 93,120 78,478 83,000 3S3,000 ~ `,000 - 7.596 STATEFUNDINGSPILT: 607,598 FORMULA CSP DESCRETIONARY TOTAL CAPITAL 163,099 PLANNING 10,037 0 0 163,099 OPERATING 0 0 10,037 66,864 0 0 _ 66,86; 240,000 0 0 TX40-X005(Schdar,nip) 7.000 240,000 TOTAL REIMBURSABLE: 241,000 10/0956 ATFACHMENTA 4 b RECEf yrD S,D }1 P r 96 APR 24 A1110:00 DISi,^,I~T 16 kir~lLNi?0~'i AN APPLICATION BY THE CITY OF DENTON, TEXAS FOR A CAPITAL, PLANNING, AND OPERATING ASSISTANCE GRANT FOR FISCAL YEAR 1997 UNDER URBAN MASS TRANSPORTATION ACT OF 1969, AS AMENDED FOR TRANSIT SERVICE April 17, 1996 O Dist. Engr, { ( ) Asst. Dist Engr ) Action O O Adv;se Comment _ III F Iwo x 4 CITY OF DENTON, TEXAS MUNICIPAL 80LDING • DENTON, TEXAS 7620 f • TELEPHONE (817) 568 8307 Office of the City Manage April 17, 1996 Mr. Wilbur Hare, Regional Administrator Federal Transportation Administration 524 E. Lamar Blvd., Suite 175 Arlington, Texab 76011 Dear Mr. Hare: Enclosed is an executed original and two copies of the Grant Application ati prepared by the City of Denton. This grant application requests $353,000 of federal funding, which includes $61,768 planning, $122,000 operating, and $169,232 capital. These funds will be used during the 1997 fiscal year, October 1, 1996 through September 30, 1997. The local match contribution for the requested funds is $179,750. Also included in this application is $5,152 in capital funds for a three-year demonstration Ozone Alert program to be taken from Congestion Mitigation Air Quality (CMAQ) funds. This money needs to be transferred from the Federal Highway Administration to the Federal Transit Administration. On March 13, 1996, the City of Denton forwarded a written request to Michael Morris, NCTCOG, and copied Charles Tucker, TxDOT, to assist in the transfer. Additionally, in accord with FTA C 9300.1 Chapter VI (6), Public Hearing Requirements, the City of Denton will hold a public hearing to receive comment on the proposed program. We will forward a copy of the transcript after the hearing which is scheduled for April 29, 1996, at 6:00 p.m. Should there be any additional information or documentation necessary to complete this application for assistance, please contact Joseph Portugal at (817)566-8307. Kcsice reySvehla 1 Acting City Manager cc! Charles Tucker, TxDOT Michael Mo-_ris, NCTCOG r07. "Dedicated to Quality Service' r CITY OFDENTON. TEXA.Q MUNIClPALBUILDING • DENTON, TEXAS 76201 • TELEPHONE 617 b8&8307 Office of the City Manager April 17, 1996 Mr. Wilbur Hare, Regional Administrator Federal Transit Administration 524 E. Lamar, Suite 175 Arlington, Texas 76011 Dear Mr. Hare, The City of Denton hereby certifies that it will comply with all federal statutes, regulations, executive orders, and administrative requirements applicable from the Urban Mass Transportation Ad inist at~ nnundernSectionsv3,~ 3 (a) (1) (c) , 4 (i) , 6, 8, 9, 9B, 16 (b) (2) , or 18 of the Urban Mass Transportation Act of 1964, as amended, as well a,,• for transit- related projects under the Federal Aid Urban systems and interstate Transfer Programs [Sections 142 and 103(e)(4), respectively, of Title 23 of the United States Code]. The provisions of Sections 1001 to Title 18, U.S.C., apply to all certifications and submissions in connection with applications made to and received from UMTA. The City of Denton certifies r,r affirms the truthfulness and accuracy of the contents of the statements submitted on or with the certifications and understands that the provisions of 31 U.S.C. 53801, gt sea, are applicable thereto. Sincerely, 42"d , I., } Rick Sve la Acting City Manager "Dedicated to Quality Service" Y it r Transmittal Letter April 17 , 1996 Page 2 The undersigned chief legal counsel for the City of Denton hereby certifies that the City of Denton has authority under state and local law to comply with the subject assurances and that the certifications above have keen legally made. Date: Z? Her Prouty, City orney <O RS:vsr 19 . d [w F .:F i SYSTEM DESCRIPTION CITY OF DENTON The City of Denton was designated as a new urbanized area in the 1990 Census. The City requested that the North Central Texas Council of Governments be the City's Metropolitan Planning Organization. The Governor concurred with this request. The City also received concurrence from 'tie Texas Department of Transportation for the City to be the designated recipient and grantee for Section 9 financial assistance through the Urban Mass Transportation Act of 1964, as amended. For the past 22 years, Services Program for Aging Needs (SPAN), a private, non-profit agency, has operated transportation services in the City of Denton. SPAN initiated public transportation under Section 18 in the fall 1989 and contracted with the State to receive these funds. In 1995 the City renewed its contract with SPAN for up to three years. The fixed route system operates buses Monday through Friday 7:00 a.m. to 7:00 p.m. and Saturday from 10:00 a.m. to 6:00 p.m. on five routes. Four routes are one hour and the fifth route is a thirty minute route. The routes serve transportation dependent housing areas, major shopping areas, universities, medical facilities, most public schools, central business district, and major employment areas. The fare is $.75 for adults, $.35 for elderly/handicapped, $.50 for children tinder age 18, and free to children under age 6. The system also provides transit service for persons with disabilities and the elderly. This service is provided in vans during regular operating hours from 7:00 a.m. to 7:00 p.m. Monday through Friday. 20. a FTA C 9300.1 Poo I 09/29/95 j APPUCATION FOR ow bawa ll. aata.asa &QlL FEDERAL ASSISTANCE , an /17/96 0wr rY•"• a 9 "Y~+7 rrrr a twa~atR ~ taw w eu awwroawl p t Mia MCtlw w,My mom ~ FIrwY,twrrlr Nontenwue,an ❑ <ww'mw t AF,t,IMn ro,K1AT,Ow City of Denton ptwr.wwUnd AOy,r ra+ ¢p. rNly rd no COlr7 Nr„. w r1,tNw,t e.altw I wo mom m 0 M am"" M Now welly 1 M.CKinney wtNweron tr+t0.rCOO) Denton, Texas 76201 Joseph Portugal (817)566-8307" t ortglaa ralt a nw ey AFwlarr tr,v yY,M~M till awu R arr. N vowea r woY OR l r M Of MRaMT,Ott C lA MADW , . t J ptyll 1MAfAl,h ~ Y.'~~ X11 ,y 0 Twr+Mi K t,b. T*t Nw L'! G+t,r~wfM ❑ Mr,n, t 1nIwMY t 1haw" e nlw wswwr ,Y+wep n to Ire 13 13 0 a~ bond N OwY ~t~ A ra+ur bw~ a Dairr t.re G rlwatw DuM„ Otwtrt ovrlr, 0 ar,robl R N.„a a,wwr► Ratter Federal Transit Administrat w . i lol,ar,e 2 0 e 5 0 1 Fl. onelw„ a mu w wftv&w % Fwom "'u FY '97 Transit Project "i: 1t ,NtY MMt~M wMg1lCT wMt CtunMa. ,r,N J Denton County, Texas City of Denton, Texas =10/l/9609/"300197 Dow t" Does a Awhc u : t aottw City of Denton, Texas Public Transit, Section ,l ttirna,wll,I,e 4 e a,tuCAT,Ow M+anei ro MMtY w tttla wants OM~,gM F/10uttT t ftOrf 1 a t MS nM FA6A*LrArK)0&V "T*N WAS WM AYALAKt TO TIE 353,00o very LIEGRrvt 0110tH +ult FtKxaat F011 ,1lv,tw oN 88, 47b 00 oATa 1l,wt / 98p537 0 ► No ® FtIQORNy a 11pi OWEIKO w e o ,,,i, 0 tout / a 5 , 7 E 0 ❑ 00 pft0oMr,w NOf MN SUOMO IV VATt FOA W.TW t a"w / oa t Now om Coo 1 101o288 00 , r e M MrLr1W ta,wmwwT a AM Meow MM 0 TWAL t 00 ❑ it 0 'Vol M1M M BWOM t, 91 No 11 10"Nei M wr mftlow "A wler. ALL DAN M T,p ANI+GiT,ON AAMP, "100% PAY W"I F,tt W a,el OOVMN,,,O 100Y Or Ml aMKaM A„0 „N AMU~tlR •'LLl OOYraT 111fM M nat+lla 4ayAAwOtt W VW ypTMC! h Nra.Oa / Typo Nw+r w ,1wur0 Aavrr^tatM a tar Acting City Manager ~1~>8307 t =W6.!wwT i •Or0 A AuVwzod low local Aawodueuon OW A 107 APPLICATION (Page 1 of 2) x p L f I tM C 9030.1A 9-18-87 Page V-5 EXUBIT 8 SEMCN 9 PROM M OF PFZ; 3=s AND FxJ= Urbanized Area. Denton Texas Apportionment for 19 96 Designated Fdecip ant; _LLty o enton Carryover Fw4s; - Grantee: _ cit of enton Transfer Funds or i Nuffher., - - 7btal Funds Available. 353,000 sect Description local federal total I. CpPITAI, PRWM.M: ' a. BO/20 , (1) lift-e ui ed 35.620 $_142480 S ve c es 178.100 (2) re acement signs 400 1.600 _ 2.000 (3) us s e tars (5) Uw- -16.000 20.000 "Cu9 a es 0) pOp _ 4.000 (10) CMA emonstration 5.152 -6L440 b. 90/10 Ruig; (1) (2)-----_~ - C. 95/05_ (1) (2sz:btAtal-'~- -~~9 - 69-1 ,232 211,540 II. OPERATIM ASSISBUM (up to 504 funding) for period fmu10/1/96 to 9/30/97 III. PIANKM 80/20 funding). 122.000 122.000 _ 244.000 `1) rant -Administration _ 151442 61,768 77,210 (10) s~:bt~kal, pl g 15,442 61,768 770210 Ton". 179,750 353,000 532,750_ IV. CM?rMCENCY Pf1WWM (11) (12) "NOTE: Projects may be advanced frrm this contingency portion in the event that p-erects on the final prOgm of projects ar:d budget mist be dropped. only the projects in the contingency can be advanced without prior tMM approval. zz . Page V-8 LKM C 9030.1 9-1B-87 E *MBIT D SECITON 9 EXP NDTIURE DETAIL Urbanized Area: Denton, Texas Designated EEecip entoCity of Denton Grantee: Citv of Denton Program Number: TX-90-XXXX Project Activities Budget Codes Federal Share 1. CAPITAL- A. 80/220 funding: (1)a, lift-equipped vehicle 11,12.02 $142,480 b. C. (2)a. re acement route signs 11,34.49 1,600 b. bus shelters (5) 11.33.10 16.000 c. enc es ) 11.33.20 4,000 (10)a. 3 year CMAQ demo 11_2.11 5.152 b. B. 90/10 funding: (1)a. b. (2) a. _ C. 95/05 funding: (1)a. (2)a. _ subtotal capital $ 169o232 II. OPERA = ASSISTANCE (up to 501 Arding): for period frcm y 96 to 9/30/97 30.09.00 $ 122,000 _ III.PLAOnM (80/20 funding): (1)a. Grant Dev/Adm nistration 41.11.00 $ 61,768 b. (2)a• subtotal plwining $ 61, 768 TOTAL FEDERAL FUNDING (I, Ii, and in): $353,000 IV. CONTINC'FNCY PRO17ECI5: (11) a. S_ b. (12)a._ _ b. f A 19" TRANSPORTATION IMPROVEMENT PROGRAM DALLAS DALLAS-FORT WORTH MPO FISCAL YEAR 1BB8 Much loot TXOOT DISTRICT NAME OR DESIGNATION MOt:1 FED. mm FUNDING COMMENTS COUNTY LOCATION IFROM) F. CSTATE CAT. FEDERAL CITY LOCATION(TO) SLAPHASE STATE LETt" DATE DESCRIPTION OF *0" LENLOCAL TCM NE►A C" TOTAL mTcwm T ADA ` DAL.AS FMO GUIDEWAY MODERNIZATION CAPITAL DALLAS 7 3 1,113.000 VARIOUS T 0 FY1m CAPITAL 213,730 3 1,7!7,730 I DALLAS LRT STARTER SYSTEM A EXTENS ONS CAPITAL DALLAS 7 3 4,781,000 VARKRIS T 0 FY I"$ CAPITAL 1.19s,MO S 6,076,230 Ouw SOUTH OAK CLIFF LRT PROGRAM CAPITAL DALLAS 7 3 13,300,000 VARIOUS T 0 FYIM CAPITAL 1.130,000 3 27230,000 DALLAS OPERATING ASSISTANCE UAFP t f 215,000 FYIm OPERATING T 107,500 101,500 3 AQ000 DALLAS VEHICLE ACOOSITION UAFP S 202,000 FYIM CAPITAL T 25,250 2650 3 212,500 ADA S BUS REHABLJ7ATION UAFP S PRAHIIE ! 3 12,000 6 CAPITAL T 2,000 1,000 3 15,000 S ESDOPERATING ASSISTANCE ~P 9 ! 3 171000 PRAIRIE OPERATING T WSW SS,S00 3 311,006 E 10 PLANNING UAFP PRAIRIE 9 3 A,S00 [FY PLANNING T 7W 420 $ 5.000 DALLAS FARE BOXES WISUPPOR? EOOPMENT UAFP DA LLAS I 3 71,000 GRAND PRAIRIE +M CAPITAL T e,ooo 3,000 S 4s,oao DALLAS PARK 8 RIDE UAFP DALLAS ! 3 100,000 GRAND PRAIRIE FY1394 CAPI1Al 1 20.000 1!0,000 is 1,000,000 DALLAS PAD400SPATCHE0UtPMENY UAFP DALLAS I 3 10,750 6WO) PRAIRIE FY1053 CAPITAL I I T 1,750 1,000 s +ssoo L] 900$4ASF E•ENGINFERMJ CUCONSTPUCT" R.ROW T•TRANSFER VIl-84 2A S a f 01/31/98 11:13 V8103028 NCTCOG MALSSPORT 1?1002i003 1998 TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION Subnagiori: Eastern Program: CMAQ STP-MM Transit X _ Other Type of Modgication: Administrative X_ RTC Action STIP Revision ModMcatlion Number. 90-U NCTCOO Project Code: N/A NCTCOO TIP Page Number(s): IV-2 TxDOT Control Section Job Number(s): N/A Project Type and Location: SPAN (Denton)-Vehlde Acquisition Original Funded Amount: FY98-$252,000 total ($202,000 federal, $25,000 State, and $25,000 focal) Revised Funded Amount (Transit): $288,750 Percent: 15% Request: Increase transit capital assistance to balance FY95 Urbanized Area Formula Program (forrneriy Section 9) federal apportionment for Denton Urbanized Area; FY98-5288,750 total ($231,000 federal, $28,875 State, and $28,875 local) Commerds/Condldons: N/A Approved By: Michas? Morris, P.E. e Director of Transportation NCTCOG The follovNng signature authorizes: additional Metropolitan Planning Organization (MPO) allocated funds to be moved Into Yew One. modification to a project funded through a TxDOT-selected program. Approved By: NIA--- N16 Jay Nelson, P.E. Date District Engineer TxDOT, Dallas District :.t r 01/31/AB 11:13 $8403018 NCTCOG TR.tiNSPORT 2003/003 1988 TRANSPORTATION IMPROVEMENT PROGRAM MODIFICATION Subregion: Eastern Program: CMAQ STP-MM Transit 2 Other Type of Modification: Administrative X _ RTC Action STIP Revision Modification Number. W33 NCTCOO Project Code: WA NCT000 TIP Page Number(s): IV-2 TxDOT Control Section Job Number(s): WA Project Type and Location: SPAN (Denton)-Operating Assistance Original Funded Amount: FY96-4430,000 total ($215,000 federal, $107,500 State, and $107,500 WAD Revised Funded Amount (Transit): $244,000 Percent: •76% Requeet: Decrease transit operating assistance to balance FY96 Urbanized Area Formula Program (formerly Section 9) federal apportionment for Denton Urbanized Ana: FY96-:244,000 total ($122,000 federal, $61,000 State, and $61,000 local) Comments/Conditions: WA Approved 9y: *aA. &Q Michael Morris, P.E. Date Director of Transportation NCTCOO The following signature authorizes: additional Metropolitan Planning Organization (00) allocated funds to be moved Into Year One. modification to a project funded through a TxDOT•salected program. Approved 8y: NIA NIA Jay Nelson, P.E. Date District Engineer TxDOT, Dallas District n r - I F CITY OF DENTON PROJECT NO: TX-90-XXXX MOST RECENT AMENDMENT NO: NIA TOTAL FEDERAL SHARE: $353,000 PROJECT MILESTONE SCHEDULE Una Item Deeorictlon Milestone Descirlodon Date Purchase lift-equipped vehicle Project Planning and Developn•ent October - November 1996 Bid Process November - December 1996 City Council Approvat/Award January 1997 Construction of Vehicle January - April 1997 Delivery of Vehicle April 1997 Purchase Bus Shelters Engineering/Architectural Design and Specification Development November 1996-Jenuary 1997 Bid Process January - February 1997 City Council Approval/Award February 1997 Deli very/Completion of Installation April 1997 Purchase Benches Engineering and Specification Development November 1996 - December 1997 Bid Process December 1997 City Council Approval/Award January 1997 DeliverylCompletion of Installation April 1997 (Page 1 of 1) F i IN THE MATTER OF Span Bill Patterson THE STA'L'E OF TEXAS The Coaoty of nmroo being duly sworn says he is*AGeneral Manager of the Denton Record-Chronicle x , Grapevine Sun , Lewisville News a newspaper/s of general circulation which has been continuously and regularly published for a period of not less than one year is the County of Denton, Texas, preceding the date of the attached notice, and that the said notice was published in said paper/s on the following doesi Notice of Proposed Program of Projects Denton Record-Chronicle April 6, 1996 58 lines $34.80 ~►P~oo+eN000+° r JuUE K NAMMOND NOTARY PUBLIC STATE Of TEXAS by conwn, W. aras•aooo Subscribed and sworn to before me this day of _ April 19 96 Witness my hand and oAlcal sew- Notary Public, Denton County, Texas 28, 6 f HERE PASTE THE NOTICE BY File No. PUBLICATION CUT FROM PAPER - NOTICE OR PROPOSED IN THE MATTER OF THE PROGRAM OF PROJECTS The City Of DMton fromlt system. operated by SPAN, Is dMiamd for Intrstity NansPerlotlon for IM owse. Iy, WON Mlth disabililloss, and tM WWII Public. The Clly of Oanfon is 110400"InE . !ee"On o hinds ham me Pad- Orel Transit Adminis refion ' (PTA) for framCortatlon wfvicea In fly cw Iia urban. Ind area. The City proposes IO awe Ice S1/1,fee of "der. AFFIDAVIT OF PUBLISHER TO a! operating assistance, $1441,1211 of federal cap"" ae PUBLICATION OF LEGAL NOTICE wtence, and S*M 0 fader. ai PIGNIAWM aealMenq. The Prepceed Oraarom N pro. Facts described wain Will Ow the paled from Oeto• FIIed the day bar 1, IM 10 September 10, M. efte" of "y proO F I prwam of 0 ow Is avow aw for Public mvlow a fns . l9 city ma"W's Office, Do E881 AkKlnneT, Denton, Teaao. Private Ire ism a. ti011 Orwldm and all Inw. 00" ""IN Ore Oise Invited Ifto roview the prop", if no comments at lfinislif Public hart re we F for el waivigel Whin 10 days of go ow . ko. 1100 of this notite P pr I~ POW Program d o ofaam wl:l become final. Informs. 600 Is also availabte In oc. Co"Ve Formals cep" re. By Deputy 40"t. Contact Voranles 40004 of Wan far apes. floral Infarmatift PROGRAM OF PROJECTS: OW Nina Aashtance' Federal Shen SuLool Capital Aseltanee/I.Nl. EdrlPM Vehicles, *and" i SMIIOrs Poderet More 1Ia0,tla PPeft Sherd 60410 Eotlmafed Federal There UNA" W%,&PAN,tq'too Show" 01W. Apro 1, leol F IN THE MATTER OF Span Bill Patterson THE STATE OF TEXAS ' The cwmy of Dam= , . being duly sworn says he is aftkr/Generd manager of the Denton Record-Cbrookie X , Grapevine Sun Lewisville News a newspaper/i of general circulation which has been continuously and regularly published for a period of not Im than one year In the County of Denton, Tem, preceding the daft of the attached notice, and that the said notice was published In said paper/s on the following datnt public Hearing Notice: to receive input on the Proposed Program of Projects for public transportation funding in the Crty of Denton Denton Record-Chronicle April 15, 1996 18 lines $10.80 eoao AXE NO KYWUWG NOTARY PUBLIC STATE OF TEXAS Subscribed and sworn to before me this IS of April '19 96 Witness my hand and officai Notary Public, Denton County, Texas 30 S b t HERE PASTE THE NOTICE BY rite No. PUBLICATION CUT FROM PAPER IN THE MATTER OF THE tM city Co. Dc.,14a s"d I5'J" Wilt lve 1Public on It* P"• AFFIDAVIT OF PUBLISHER TO protect$ possis IQ( publICrtransporlefion PUBLICATION OF LEGAL NOTICE ,,)rarq in IM CIIT a Denton _ TM Mart ngwl4 De held Mon' qaT, iApril n IM Ci Yf Council Filed the drrv 7~1f E. CMmUerw Cltlr in McKInnH. OMB Fey more In# mailon, con• 19 1 loci erea'c4 po1M. C1111 of II`Dc^tn,s AkIro►orSMron oil fDAw. at 7Y2-!400. Aprll 1S. 1"^.: By . Depuly i I PROTECTION OF THE ENVIRONMENT THE CITY OF DENTON The City of Denton has made application for Federal financial assistance under the Urban Mass Transportation Act of 1964, as amended. If approved, this grant project is designed to: 1. Enhance the access of the community in the City of Denton for purposes such as health care, shopping, recreation, public services, and employment through a public transportation system. 2. Promote the coordination of services of other transportation providers to avoid the duplication of services. There is a categorical exclusion of the Protection of the Environment requirement. The nature of this project is such that there will be no displacement of people, no substantial alteration of social, economic, or environmental conditions, nor will it significantly alter land use, planned growth, development, traffic patterns, and natural and man-made resources. .1 _z' "z - Rick Svehla, Acting ity M3nager' ~'i Z/ /Z % /qd i Da a 32. L F C 8 R T I F I C A T I 0 N The undersigned duly qualified and acting City Secretary of the City of Denton, Texas, certifies that the foregoing is a true and correct copy of an ordinance, adopted at a legally convened meet :ng of the City Council of the City of Denton, Texas, held on the 2nd day of April 1996. J nifer alters y Sec etary Official Seal Date 33. v F 1AUSS.O ORDINANCE NO. q6076 AN ORDINANCE AUTHORIZING THE FILING OF AN APPLICATION WITH THE DEPARTMENT OF TRANSPORTATION, UNITED STATES OF AMERICA, FOR A GRANT UNDER THE URBAN MASS TRANSPORTATION ACT OF 1964, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Secretary of Transportation is authorized to award grants for a mass transportation program of projects and budget; and WHEREAS, the contract for financial assistance will impose certain obligations upon the applicant, such as the City of Denton, including an obligation to provide the local share of the project costs in the program; and WHEREAS, the U.S. Department of Transportation requires, in accordance with the provisions of Title VI -)f the Civil Rights Act of 1964, as amended, that the applicant give an assurance that it will comply with Title VI of the Civil Rights Act of 1964 and the Department of Transportation requirements thereunder; and WHEREAS, it is the goal of the applicant that minority business enterprises be utilized to the fullest'extent possible in connection with this project, and that definite procedures shall be established and administered to ensure that minority businesses shall have maximum construction contracts, supplies, equipment contracts, or consultant and other services; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: I SECTION I That the City Manager is authorized to execute and file an application on behalf of the City of Denton, Texas, with the U.S. Department of Transportation to aid in the financing of planning, capital and operating assistance projects pursuant to Section 9 of the Urban Mass Transportation Act of 1964, as amended. gp_CTION ii. That the City Manager is authorized to execute and file with such applications an assurance or any other document required by the U.S. Department of Transportation effectuating the purpose of Title VI of the Civil Rights Act of 1964. SECTION I That the City authorized to furnish such additional ainformation as sthee U.S. Department of Transportation may require in connection with the application for the program of projects and budget. T F 1i SECTION IV, That the City Manager is authorized to execute grant agreements on behalf of the City of Denton, Texas with the U.S. Department of Transportation for aid in the financing of the planning, capital and operating assistance program of projects and budget. SECTION V. That this ordinance shall become effective immediately upon its passage and approval. oval. PASSED AND APPROVED this the d day of Y ~ 1996. Al - BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP VED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 35, Page 2 S S . F federal Register / Vol. 60, No, 226 / Friday, November 24, 1995' / Notices 58193 Appendix A FEDERAL FY 1996 CERTIFICATIONS AND ASSURANCES FOR FTA ASSISTANCE Name of Applicant: _Ci t:y of Dentxsn,Tex^a The Applicant agrees to comply with applicable requirements or Categories i. XIII. _ (The Applicant may make this selection in lieu of individual selections below.) OR The Applicant agrees to comply with the applicable requirements of the following categories it has selected: I. Certifications and Assurances Required of Each Applicant (Previous Category 11, Procurement, is now Category 1, paragraph H.) 11 Lobbying Certification. X 111. Public Hearing Certification for Major Projects adth Substantial Impacts .X_ s IV. Certification for the Purchase of Rolling Stock X V. Bus Testing Certification X V1 Charter Bus Agreement. X V11 School Bus Agreement X Vlll. Certification for Demand Responsive Service X 1X Substance Abuse Certifications Required by January I, 1996 X X Assurances Projects Involving Real Property X XI Certifications for the Urbanized Area Formula Program X X11 Certifications for the Elderly and Persons with Disabilities Program X XIII Certifications for the Nonurbanized Area Formula Program (Both sides of this Signature Page must be appropriately completed and signed where indicated ) F7A Certifications and Assurances for Fiscal fear 1996 16 a r 50194 Federal Register / Vol. 60, No. 226 / Friday, November 24, 1995 /Notices Appendix A FlA CERTIFICATIO'VC_ a~~NCES FOR FEDERAL FISCAL YEAR r9ga Name of Applicant. City of Denton, Texas Name and Relationship of AuthorizedRcpresenutne Rick Svehla, Acting City Manager BY SIGNING BELOW 1, Rick Sveh la (name), declare that 1 the Applicant has duly authorized me to make these certifications end assurances on the Applicant's behalf and bind the Applicant's compliance. Thus, the Applicant agrees to compl) with all Federal natules, regulations, executive orders, and administrative guidance required fof each application it makes to the Federal Transit Administration (FTA) in Federal Fiscal Year 19% FTA intends that the certifications and assurances the Applicant selects on the other side of this form, as representative of the unifications and assurances in Appendix A, should apply, as required, to each projea for which the Applicant seeks now, or ma) later, seek FTA assistance during Federal Fiscal Year 1996 The Applicant affirms the truthfulness and accuracy of the unifications and assurances it has made in the statements submilied herein with this document and an) other submission made to FTA, and acknowledges that the provisions of the Program Fraud Cn it Remedies Act of 1986, 31 U S C. 3801 O j, as implemented by U S. DOT regulations, 'Program Fraud Cnil Remedies,' 49 CFR pan 31 apply to any cenifalion, assurance or submission made to FTA The criminal fraud provisions of 18 US C. 1001 apply loan) cenification, assurance, or submission made in confliction with the Urbanized Area Formula Program, 49 US C 5307, and may appl) to any other cer ifiauon, assurance, or submission made in conruction with any other program administered by FTA • In signing this document,! declare under penal lies of perjury that the for to an) other statements made bs me on behalf of the Applicant are true a co(re~ nlGcauens assurances, and Dale a ' Audroriud Representative of Applicanl t AFFIRMATION OF APPLICANT'S ATTORNEY for City of Denton, Texas (Name of Applicant) As the undersigned legal counsel for the abi named Applicant 1 hereby affirm shat the Applicant has authoril) under state and local lai to make and comply with the certifications and assurances as indicated on the foregoing pages I further affirm Thal, in my opinion, the certifications and assurances have been legally nude and constitute legal and binding obligauons on the Applicant 1 further affirm that. to the best of m) knoMedgo, there is no legislation or litigation pending or threatened that might adsersch affctit the yalidit) of these certifications and assurances, or of the performance of the project. Furthermore, d 1 become ai+alc of circumsunccs that change the Accui of the foregoing statements, 1 iii notify the Applicant and FTA Date L / Is tAppi Avor ey Date c 11w Appbcmra lead courucl is required to Arm the local capanry of the Applicant, euro that an Appbcard seekmt W) m F7A univmiq and teeeuch uainina gram authaieed b) 49 L' S C )317th) need noe futenn an Avow)Y Alnmu6on ~ Aeorne)ti Alritmaeon card fa a previaa FTA ma3at aennar6 mu N used in Fiuar Via, 1991, pro,,drd tli: Appbcanra encumatanry hW w changed m s wt' tNi makes Ale c.niuarnimard and the Anrenrcl'Amnat,nm rema im"rile in the 44,phcam'a office ruddt n 1,16ble to FA In Mn eax, line T'akwld rrrrvn himkk Woo aims 40kimit,dittp,eenu i,e ntn•'a"aid 'c' Sat aedur mmucdun,on tm,an !~olr F'f A hown rt. rnene! Ik n6hi In rrgvnt an Armin'a ppulurr,n line 'b' FTA Cenificahons and Assurances for Fiscal fear 1996 17 IFR Doc. 95-28604 Filed 11-21_95; 11 07 aml auk U1100 COOT /lta.af.{ 3? e Exhibit UCA C 9100.1B Page 2 7-1-88 STATFIM OF C%MMJED VAT_7DITY QF ONE-MIE SZBMISSSIONS The following d==ents (and dates submitted to/ac;amledged by MM) have bees submitted to LIM previctaly, continue to remain valid and accurate, and do not require revisions or updating: [X] Standard Assurances/mete: 3/30/92 Resubmitted [ ] licc of I Transportation System Description/Date: f /nets: 4/1/9 ()Q opinion of Oounssl/Date: 3/19192 ! Autt=izing ResolutiOVDats: esu m tted ()Q Designation of Recipient/Date:--TTTM DO MPO Designation/Date: 2/3/92 ( ] state Agency Designaticq/Dete: ()g Section 9 Wtificaticro)ate: I)Q Charter Bus Agreement/Date: ( )Q Priaary Ncrprucuamment Debarment arts Sumpansicn CartificatiarVDate. 3/30/92 ( )g Dar Title vr UMTA Civil rAssurarjoe/Date: 5 / 5 / 9 ( 2 : Special Efforts Certification (off ecVIA until full accessibility under an area's 504 Plan is &c hietiV /Dats; 504 Assurance/Date: N 1 A The applicant understands and agrees that the use of UMTA !lands approved for this project/program shall be consistent with the applicable sections of the Urban Mass Transportation Act of 19640 as ame ded, Sections 3, 3(a) (1) (C), 3(a) (1) (D), 4(1)1 60 80 9, 98, 101 16(b)(2), 18, or 20, or 23 U.S.C. Sections 103(3)(4) and 1421 Pertinent Federal laws; and Pertinent Federal ruler, regulations, and ciztularsl and that the use of LKM flatus is subject to audit and review. Such funds shall be returned to UM if, after audit, it is found that they have been used inproperly. Further, the applicant oertifies or affirms the truthftaness and accuracy of the contents of the statements surkmitted on or with this statement and understands that the provisions of 31 U.S.C. 113601 g$ M. are applicable thereto. The applicant's eligibility to receive LMM grants, as originally certified in the Opinion of Ckrunsel (or in Governor's Designation for State programs), remains in effect. wther, signature of the attorney is certification that there is no pending or teased litigation or other action which might adversely affect the ability,of to carry out the project/prograam. Signature O Authorized of Attorney's Signa Acting City Manager Date: Title of Authorized official ATMITION: Mower, in any manner within the jurisdiction of any department or agency of the United States knowingly and willfully falsifies or conceals a material fact, or makes any false, fictitious, or fraudulent statements or representations, or makes or uses any false writing or doaanent knowing the same to contain any false, fictitious or frau=dule=nt statement or entry, shall be fined not more than $10,000 or inprisaled not more than 5 yam=s, or both. 18 U.S.C., Section 1001 (1982). 38 i r~ F LABOR PROTECTION PROVISIONS (fortnerly Special Section 13(c) Warranty) FOP. APPLICATION TO THE URBANIZED PUBLIC TRANSPORTATION GRANT PROGRAM The following langusge shall be made part of the contract of assistance with the State or other public body charged with allocation and administration of funds provided under urbanized public transportation of the Act: A. aztt" ].Application t The city d Eemtas agrees that, in the absence of waiver by the Department of Labor, the terms and conditions of this warranty, as set forth below, shall apply for the protection of the transportation related soyoes of any employer providing transportation services assisted by the Project ('Recipient'), and the ion related employew of any other surface public transportation providers in the transportation • the ProjecL The city of Dwtm stall provide to the Department of Labor and naintair dring the Project an romme, upiodate hating of all existing Iransportation providers which • ` ' ,cipients of transportation assistance funded by the Project, in the transportation service arep !ignalod representing the employees of such providers. snot a^Y labor organization Certification by the Public Body to the Department Recipients have indicated in writing acceptance of the terms and conditions of is ~V angemeni will be sufficient to perntit the flow of urbanized public transportation funding in ( a finding of non-compliance by the Department of Labor. Y B. Standard-Termaand-Conditiow ~Q (1) The Project " , out in such a manner and upon such terms and condition as will not adversely affect r y is Recipient and of any other surface public transportation provider in the tranportatior O of the Project. It shall be an obligation of the Recipient and any other legally rexpoosit,r .al by the Public Body to assure that any and all Iranaportation services assisted by the Proie ,,ed for and operated in such a manner that they do not impair the rights and interests of aes. The term "Project', as used herein, shall not be limited to the particular facility, service, in assisted by Federal funds, but shall include any changes, whether organizational, operation, .rogical, or otherwise, which are a result of the assistance provided. ]he phrase 'as a result of the .oject% shall %fien used in this arrangement, include events related to the Project occurring in anticipation of, during, and subsequent to the Project and any program of efficiencies or economies related thereto; provide], however, that volume rises and falls of business, or changes in volume and character of employment brought about by causes other than the Project (including any econom es or efficiencies uneelatel to the Project) are not within the purview of this arrangement. An employee covered by this arrangement, who is not dtsmissel, displaced or otherwise worsened in his position with regard to his employment as a result of the Project, but who is dismissed, displaced or otherwise worsened solely because of the total or pnrtial termination of the Project, discontinuance of Project services, or exhaustion of Project finding shall not be deemed eligible for a dismissal or displacement allowance within the meaning of paragraphs (6) and (7) of the Model agreement or applicable provisions of substitute comparable arran- gements. (2) (a) Where employees of a Recipient are represented for collective bargaining purposes, all Project services provided by dwt Recipient shall be provided under and in accordance with any collective bargaining agreement applicable to such employees which is then in effect. Attachment B (Page 1 of 6) 3~ . r F (2) (b) The Rix ipiea or legally responsible party shall provide to all effected employees sixty (60) days notice of intended actions which may result in displacements or dismissals or rearrangements of the working forces. In the case of employees represented by a union, such notice shall be provided by certified mail through their representatives. The notice shall contain a full and adequate statement of the proposed changes, and an estimate of the number of employees affected by the intended changes, and the number and classifications of any jobs in the Recipient's employment available to be filled by such affected employees. (2) The procedures of this subparagraph shall apply to cases where notices involve employees represented by a union for collective bargaining purposes. At the request of either the Recipient or the representative of such anploy'oes negotiations for the purposes of reaching agreement with respect to the application of the terms and con itio:s of this arr ingement s1.d1 commence immediately. If no agreement is reached within twenty (20) days from the commencement of negotiations, any party to the disputa may submit the matter to dispute settlement procedures in accordance with paragraph (4) of this warranty. The foregoing procedures shall be c- led with and carried out prior to the institution of the intended action. (3) For the purpose of providing the statutory required protections including' rnardsted by Section 13(c) of the Actr, the Public Body will assure as a condition of the rP' agrees to be barrel by the terms and conditions of the National (Model) S, ~ement t the Recipient 23, 1975, identified below execute! July provided that other comparable arra• .,a substituted therefor, if approved by the Secretary of Labor and certified for inclusion r. rL9. (4) Any dispute or controversy arising regardin• IG , interpretation, or enforcement of any of the provisions of this arrangement which canna ' L ~ ,,1 between the parties at interest within thirty (30) days after the dispute or corsroversy fire / , eferred by any such party to any foul and binding disputes settlement procedure acceptab' V , or in the event they cannot agree upon such procedure, to the Department of Labor or P , party designated by the Department of Labor for final and binding determination. T1- ~ • and expenses of the impartial third party, and any other jointly incurred expenses, she" .,y by the parties to the proceeding and all other expenses shall be paid by the party incur' In the w -T4 I m to whether or not a particular employee was affected by the Project, it shall be his obl: y the Project and specify the pertinent facts of the Project relied upon. It stall then be the . the Recipient or other party legally responsible for the application of these conditions to prove -d other than the project affected the employees. The claiming employee shall prevail if it is established a w Project had an effect upon the employee even if other factors may also have affected the employee. (5) The Recipient or other legally responsible party designated by the Public Body will be financially responsible for the application of these corditioru and will make the necessary arrangements so that any employee covered by these arrangements, or the union representative of such employee, may file claim of violation of these arrangements with the Recipient within sixty (60) days of the date he is terminate) or laid off as a result of the Project, or within eighteen (18) months of the date his position with respect to his employment is otherwise worsened as a result of the Project. m the latter case, if the events giving rise to the claim have occurred over an extended period, the 18-month limitation shall be measured from the last such event. No benefits stall he payable for any period prior to six (6) months from the dnte of the filing of any claim. y a iekreakpimdw lmryurwW 1Wi.14911m',I hiw I. iiiYe=Wd1 w pljpN WM.Yb1rarrury rv I I Jibe peer nmiam arnrWr, p"Iere., ood trbfln 60,1,le MmieurliA afyrvriw eStmramtro StO P)amwmmdem 6uvor n, Ibllm yeoman m id u.lem irena riom rmomoi9s flmY,r p:niay mill reps lolhirlmplgmed, Ikyamrmb®d.ymdrapuindmwl am Tyremr rod pnomy al nrmpl-ymrW la 4 1 it rm ~ O,d n o, r lmd on, ml d ifr pudlnioinr and ml nioior par ram. •al uno{nmeatr lAJl focluk pm+>•"s pNeaior ImlNd,d rmlAym pet r marrtiar of Ilm Ir pmilio9r mi1Y hrpe a la Itmir emply me nl •lu c! rEdl ,o oe r,~r pmmde h nrplr Irrr 16.o IYvr r m rNlrkd punwd to Sea iw art I fl of h M of R bwry f 1O 171 a m, 179), w ore Ned. ' Far yurpK. dldr Nnul)unopemex, ponpylu ilr.4nr~r.rtlniZ;,,q)I,,,y~,I]y~,,_Y,,,.o,.,,,1:9!ufilr Af.4l Keame llu ARrtrmeM,tvcvrJ ldp7. Ihl,n eab omilUd, Attachment B (Page 2 of 6) 4a' r f (6) Nothing in this arrangement shall be construed as depriving any employee of any rights or benefits which such employee may have tinder existing employment or collective bargaining agreements, not shall this anangernertt be deemed a waiver of any rights of any union or of any represented employee derived from any other agreement or provision of federal, state or local law. t7 In the event any employee covered by these arrangements is terminated or laid off as a result of the project, he shall be granted priority of employment or reemployment to fill any vacant position within the control of the Recipient for which he is, or by training or retraining within a reasonable period, can be qualified. In the event training or retraining is required by such employment or reemployment, the Recipient or other legally responsible party designated by the Public Body shall provide or provide for such training or retraining at no cost to the employee. (8) The Recipient will post, in a prominent and accessible place, a notice statinr .,ent has received federal assistance under the Federal Transit Act and has agreed to comply w;" a of Section 13(c) of the Act. This notice shall also specify the terms and conditions set fr rte protection of employees. The Recipient shall maintain and keep on file all relevant bookr ~ sufficient detail as to provide the basic information necessary to the proper application, ""rant enforcement of those arrangements and to the proper determination of any claims arising (9) Any labor organization which is the collective I- r~ ~aentative of employees covered by these written notice of its desire to do so upon the arrangements, may become a party to these arrangerrv 81 Recipient and the Department of Labor. In the r -greemed that such labor organization represents covered employees, or is otherwise eligible t, " y to these arrangerents, as applied to the Project, the dispute as to whether such organizatioo'' ~ r . shall be determined by the Secretary of Labor. (10) In the event the P Pat,, ad for assistance under the Act, the foregoing terns and conditions shall be made part of the U .nce between the federal govemntenl and the Public Bcdy or Recipient of federal funds; provide ' O . this arrangement shall not merge into the contract of assistance, but shall be independently N 4rceable by mid upon the parties thereto, and by any covered employee or his represents' .,ce with its terms, nor shall any other employee protective agreement merge into'his arrange will be independently binding and enforceable by and upon the parties thereto, in accordance oar' C. er As a part of the grant approval process, either the Recipient or other legally responsible pally designated by the Public Body may in writing seek from the Secretary of Labor a waiver of the statutory required protections. The Secretary will waive these protections in cases, where at the time of the requested waiver, the Secretary determines that there are no employees of the Recipient or of any other surface public transportation providers in the transportation service area who could be potentially affectod by the Project. Attachment B (Page 3 of 6) I c b X IE• A 3klay notice of proposed waiver will be given by the Department of Labor and in the absence of timely objection, the wanxr will become final at the end of the 3o4 notice period. In the event of timely objection, the Department of Labor wiD review the matter and determine whether a waiver shall be granted. Jr, the absence of waiver, these protections shall apply to the Project. Signature of Responsible Official ATTEST: Signature of Recipient's Ley-' .~G PIP Q O~ Attachment B (Page 4 of b) 42. OPINION OF COUNSEL LABOR PROTECTION PROVISIONS (formerly Special Section 13(c) Warranty) The Cily of Denton has agreed to be the lega11y and financially responsible party for the performance of the terms and conditions of the Labor Protection Provisions, incorporated herein by refemnice, for the instant grant request The Texas Deparinwit of Trarwportation has designated the City of Denton as the legally and financially responsible party for the instant project. Ibis will serve as the requisite opinion of counsel that the City or Denton is legally capable of - And fmawW responsibilities for performance of the terms and conditions of the Warranty, a 7be City of Denton is authorized under Section 391.011° of the Texas Local tY Y fwrtcial tesponsibilities for the rfo Y assume the legal and pa rmartce of the terms and conditions ,r the instant project. I have reviewed the peitined Federal, State and beat laws, and I an of the d no le al of Denim assuming these rveponsbilities. Furthermore, as r 8 iimpedirneot to the City litigation which might in any wry adversely affect r+ S "nations, 1 fad that there is no pending raponebilitiea, Q,/ ro s ability to assume and discharge these O Signature of Recipient's Legal ~I r Attachment B (Page 5 of 6) 43. } I l L ATTACHMENT TO LABOR PROTECTION PROVISIONS (formerly Special Section 13(c) Warranty) Listing of Recipients, Eligible Surface Public Transportation Providers and Labor Representation 1. Cite Project by Name, Description Application for Public Transportation funds under URBANIZED public transportation Formula Grant Program for (acme of system) service fa (project area). (Describe service: dcmand-responsive, fixed-route, etc.) 2. Identify Recipients of Transportation Assistance (List ageocies/focitities receiving service; at describe ridership by % elderly, % hendis;v , public) G py v~ 3. Other Surface Public Transportation ProvV (Ust erber surface public tnmpottsWn provid,, .,gible for URBANIZED public transporWioa funding.) 0 4. Union P, 14 =nployees, if any (11st .video from items I and 3 above mall indicate if employees of eacb are represented by labor union.) Attachment S (Page 6 of 6) a4. r t! Debarment Certification (Negotiated Contracts) (1) The CONTRACTOR certifies to the best of its knowledge and belief, that it and its principalsi (a) Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; (b) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or p xfaming a public* transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embeMernent, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; O Are not presently indicted for or otherwise criminally or civilly charged by a govemmcnial entity' with commission of any of the offenses enumerated in paragraph (1)(b) of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public transactions* terminated for cause or default. (2) Where the CONTRACTOR is unable to certify to any of the statements in this certification, such CONTRACTOR shall attach an explanation to this certification. 'federal, state or local signature of Certifying Official 11` Title Date ------1~~- Form 1734-A 4-g9 Attachment C (Page 1 of 3) ds r E Lower Tier Participant Debarment Certification (Negotiated Contracts) (For Subconrmctorr Cownwrors a-er $100,OW) -~i~a nc o> can yv o h7a being duly sworn cr under penalty of perjury under the laws of the United States, certifies that neither nor its {insert name of lower tier participant} principals are presently: • debarred, suspended, proposed for debarment, • declared ineligible, • or voluntarily excluded from participation in this transaction by any Federal department or agency Where the above identified {owes tier participant is unable to certify to any of the above statements in this certification, such prospective participant ahall indicate below to whom the exception applies, the initiating agency, and dates of action. Exceptions will not necessarily result in denial of awed, but will be considered in determining contractor responsibility. 4 providing false information may result in criminal prosecution or administrative sanctions. EXCEPTIONS: Signature of Certifying Official Title { Date of Certification See Nest Page for Information Form 1734 Rev. 4-89 Attachment C (Page 2 of 3) 4l . s tl Certification Information This certification is to be used by contractors pursuant to 49 CFR 29 when any of the following occur; any transaction between the Contractor and a person (other than a procurement contract for goods and services), regardless of type, under a primary covered transaction • any procurement contract for goods or services when the estimated cost is $25,000 or more airy procurement contract for goods or services between the Contractor and a person, regardless of the amount, under which the person will have a critical influence on or substantive control Over that covered transactioa. Such persons include principal investigators and providers of federally required audit services. Aprocureraenr transaction is the process of acquiring goods and services. A norprocuremenr transaction is the granting of financial assistance to entities to assist the grantor in meeting objectives that are mutually beneficial to the grantee and grantor. A COPY OF THIS CERTIFICATION IS TO RE FURNISHED TO AUTHORIZED REPRESENTATIVES OF THE STATE OR THE U.S. DEPARTMENT OF TRANSPORTATION UPON REQUEST. Attachment C (Page 3 of 3) 47. s 0 f SCHOLARSHIP GUIDELINES 1. BUDGET Each Section 5307 system will be responsible for budgeting and planning for urbanized training fads. Each system will provide a description of urbanized training funds expenditures for the Contract year in the amount of $1,000. 2. ELIGIBLE EXPENSES In addition to training activities, other reimbursement opportunities include urbanized modules, videos, ins1rutiorud materials such as notebooks and newsletters for information exchange. Audio visual equipmed may be purchased for use in presentations and informational exchange; standard purchasing procedures should be followed. Federal travel guidelines under the urbanized program continue to be in effect unless written system policies are filed with the agency administering the program. Other travel expenses shall be included under Section 5307 technical assistance. Emphasis will be in expanding local training opportunities. Guidelines to follow as outlined by the Department: ♦ Training is defined as an activity to improve employee performance through achievement of specific, measurable, predetermined training objectives. ♦ Non-fratnV ocdvfNu include meetings and conferences designed to disseminate policy, procedures, or supervisory guidance, to provide information, or allow for exchange of information related to program functions. THESE ACTIVITIES ARE NOT ELIGIBLE FOR URBANIZED FUNDING. ♦ Education assistance may provide for tuition, required fees, and books needed for approved courses id colleges and universities and any service or part of a state institution of higher education. ♦ Billing Procedures . A written description of use and expenditures must accompany each billing. All standard Dcpartment billing requirements under the Section 5307 program shall continue to be in effect. Attachment D ~O• a t INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES Thu disclosure form shall be c«npletcd by the reporting a", whether subawardetor prime Federal recipient, at the Initiation or receipt da covered Federal action or a material change to a previous filing pursuant to tide 31 US C, section 1332. The filing of a form is required far aaeb paymast or agraaart b makepaymaetlo anq kWyi g rdityArr ishlkaocing a anmptiog b Inalvance an calm or arhploya or any aganoy, a Mambar of Cosyask a t aRwer r aaployrae dCrrvs, v ananpbyu daMeribsr dCanstas io cerhMias rsitln a oov+rod Pedeal arxion Use the SF-t11,A Continuation Sheet for Additional ihfsmation if the space on the form is indequau. Complete all items that appty for bah the initial fil ing and nWrial change report Refer to the implementing guidance published by the ice of Management and Budget for additional information I . Identify to type of eovertd Federal "on for which lobbying activity is and'or has been secured to influence the outoam d a covered Federal cation 2. Identify the stahu of the covered Federal action 3. Identify the appropriate classification of this report If this is a follow up report cauxed by a material change to the information prniotdy reported, ester the year and quarter in which the change occurred. Enter the date of the lit previously submitted report by this reporting entity for this covered Federal action 4. Fifer the full were, addren, city, mate and rip code of the reporting entity. In lude Congressional District, ifLncri Check the gipepriAe dua6ntim dtue reporting entity that designates if it is, orexpecu'o Ix, a prime or sulaward recipient Identify the tier dthe mAw*vder, a g, the first subowardee of the prime is the I at tier. S ubawards include but are not limited to subcontracts, subpanri and contract awards under grants. 3. If the organization 614 the report in item 4 checks "Subs%ardee," then ender the full name, address, city, state and rip code d the prime Federal recipient Include Ccmgrenio al District, if known. 6. Eta the nrehr of the Fcdmal agency making the awed or kern commitment. Include at least one rlwAzatioeal level below agency name, if known. For exampk. DepauLnerd of Transportation, United Sutra Coast Guard 7. Fite the Federal poaann mete or description for the covered Federal action (item 1). If known, inter the fill Catalog of Federal Domestic Anisunce (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Ender the most appropriate Federal identifying number available for the Federal action identified in item I (a it, Request for Proposal (RFP) nenber, oviWian for Bid (1178) number, grant announotmerd number, the contrut, grail, or loan award number, the applicatiadproposal ooMrol number assigned by the Federal agency). Include prefixes, ag, "RFP-D&90-001." 9. For a covered Federal cation where Dan has been a sward or loan cortvnitmert by the Federal agency, eta the Federal amount of the awardloam comanitment for the prime entity identil'ucd in hem 4 a S. to. (a) EAa that 1411 was, ddren, city, state and tip code of the lobbying entity engaged by the reporting entity identified in item 4 to Whi erice the covered Federal action. (b) E ton tk 11611runesdfie ihd'iv4dlual(s) perfartningservices, and include full addrew if diRaet Eons 10(a} EMa Last Name, First Name, and Middle initial (M I} 11. Etkx fie arnou t of ornpawtian paid or rationality exported to be paid by the reporting entity (item 4) to the lobbying entity (item 10). Indicate whether the payment has been made (actual) or will be made (planned), Check all boxes that apply. tf this is e material change report enter the cumulative amount of payment made or planned to be made. 12. Check albs g+popiak box(a} Cha* all boxesthin apply. If payment is made through an in-kind contribution, specify the nature and value of the in-kind payment. 13. Cbeck Qx apprr0ste bax(n), Check all boxes that apply, If other, specify nature. 14, Provide a specific and deui led description of the services that the lobbyist has perfomned, or will be expnted to perform, and the date(s) d any services rendered. Include all preparatory and related activity, "just time "in actual coM,ct with Federal officials. Idmaify the Federal oticial(a) or ehpkryec(n) contacted or the officer(s), employee(s), or Member(s) of Congress that were contracted. is. Check whether r no t& SF-LLI A Continuation Sheet(s) is attached. is, 'Ibe Certifying official shall sign and date the form. print hisher name, title, and telephone number. public reporting burden for this collection of information is estimated to avenge 30 minutes per rope nse, including time for reviewing irotructiom so4dnrtng existing dau xourom gathering and mintamhng tie data needed, and completing and reviewing the mllecticm of information. xcrnd cwvricnis regarding tFe burden estimate "my other aspect of this collection of infomhatim including nuggestiens for reducing this burden, to the Office of Management and Budget Paperwork Reduction project (0348.0046} Wsshinglom D.C. 20303. 1 1 uS .r i r F V DISCLOSURE OF LOBBYING ACTIVITIES Approved by 01,M Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 ow-Mas (See reverse for public burden disclosure.) 1. Type of Federal Anion: 2. Status of Federal Anion: 3. Report Type, ❑ a. cOn" a. biNo&rrapplication a. initial filing b. grunt b, initial award b, material change c, cooperative agreement c. post award For Material Change Only. d loan year-quarter e. loan guarantee date of Iasi report It r loan insurance 4. Name and Address of Reporting Entity: S. If Reporting Entity in No. 4 is Subawvdee, F1Aa Nww ud O Prime O Subawardee Address of Prime: Tier (fbown Congrcuio W District rfbnown: Congrmional District, rf known: C Federd Depar4malt Agency: 7. Federal Program NamuDescription: CFDA Numberif applicable s. Federal Anion Number, jknown: 9 Award AmcvA jkno": S 10, a None and Addrea of [gbbying Entity b. Individual Perfornting Smim (including addrms if Different (If individual, lad name, fad name, Mly from No. I0a) (Ian name, firA name, h(q: (attach Continuation Sheet(s) SF•LLL.A, jnecesrary) 11. Amount of Payment (check all Matapply): I3. Type ofPayaxnt(check aArhatapply): $ ❑ actual ❑ planed O a. retainer O b. orw4ime fee O c. cennission 12. Form of Payment (check all rhaf apply): O d. contingerd fee O a. cash ❑ e. deferred O A In-" specify: nature O f o0w,, specify: vow 14. Brief Description of Services Performed or to be Performed and Datcsls) orSersia. including offcerp} employves(s), or hfember(s~ contacted, for Payment Indicated in Item I I: (atuch Continuation Sheet(s) SF•LLL•A. rfnecessap) 13. Continuation Shed(s)SF•LLL•Aatuched: ❑ Yn ❑ %o 16. tnramaeon requabd troush Cur roan a aA vwd by file ll U S C. wee 13!2 Signature. An ducbn d bb" utivma is s mermen repreemtsbm of ran sport wh h rtL. err pwced by Ow an rbm whm to benraeSm see merle a mterod nto Print Name. Ttw Udcnure a requked punuW N 11 U S C, 1172. Thin inronrreon W be nparled b ow Conpe¢ w mnueey MA it M n &ble ax Pubbr a>rpecbai Title, "Peron ter W. to M. Cw mrwtd d xWW shall bt eubre t to m M411 pe+uhy urns ter to I MOM and M more to s 100,0M ra eoh each haae Telephone: Date: Federal Use Only: Aud wved ra LoW Regodu m SWA d Form LLL W e i` J Agenda No. Agenda Itern Date S ~ 9.° CITY of DENTCM, TEXAS MUNICIPAL BUILDING • 215E McKINNEYs DENTON, TEXAS 76201 {817) 566.8200 • DFW METRO 434.2529 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: October 21, 1996 SUBJECT: APPROVAL OF AMENDING NAME OF THE DATA PROCESSING ADVISORY BOARD r RECOMMENDATION: The Data Processing Advisory Board recommends that the ordinance be amended to change the name of the Data Processing Advisory Board to the Information Services Advisory Board. SUMMARY: City Code of Ordinance 82-09 be amended to reflect the new name of Information Services Advisory 14 Board. BACKGROUND: Request from a City Council Member to have the name of the Advisory Board be more reflective of its duties. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: None. FISCAL IMPACT: None. "Dedicated to Quality Semice" S 7q'y.1 Y! City Council Report Page 2 Please advise if I can provide additional information. RESPECTFULLY SUBMITTED: 'Fed Benavides Prepared by: City Manager Gary . 611 ins Director of Information Services Approved: ary A Collins Director of Information Services MAOJM { i E:\NP1)0CS\0RD\INFO.SVC ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 82-09 TO CHANGE THE NAME OF THE DATA PROCESSING BOARD TO THE INFORMATION SERVICES ADVISORY BOARD; h PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. f WHEREAS, the City Council deems it in the public interest to If change the name of the Data Processing Board to the Information Services Advisory Board; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 82-09, as amended, is hereby amended to change the name of the Data Processing Board to the Information Services Advisory Board. SECTION II. That save and except as amended hereby, all the remaining sections, sentences, and clauses of Ordinance No. 82-09 shall remain in full force and effect. SECTION III That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECREPARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Y .r il. F • • MINUTES OF DATA PROCESSING ADVISORY BOARD MEETING OF SEPTEMBER 4, 1996 MEMBERS PRESENT: Don Edwards, Lisa Green, Vicki McCombs, Maureen Saringer, Warren Searls, Renae Seely, and Lupe Tovar MEMBERS ABSENT: None OTHERS PRESENT: Gary Collins from the City staff Lupe Tovar made a motion that the minutes of the June 12, 1996 Data Processing Advisory Board meeting be approved as written. Renae Seely seconded the motion, and it passed unanimously. Gary Collins discussed the history of the Data Processing Advisory Board and the name change of the Data Processing Department to the Information Services Department. Gary Collins explained that a least one member of the City Council would like the name of the Data Processing Advisory Board changed to a more appropriate name. Renae Seely made a motion to recommend the City Council change the name of the Data Processing Advisory Board to the Information Services Advisory Board. Vicki McCombs seconded the motion, and it passed unanimously. Gary Collins provided all the members of the Board with a copy of the Information Services Long-Range Strategic Plan. Gary Collins presented an overview of the Long-Range Strategic Plan and stated his purpose tonight was to provide all the members with copies of the plan for their review and to set up a meeting later for an in-depth discussion of the plan. No action needed to be taken on this item. Gary Collins indicated that the annual maintenance agreement with American Management Systems for the City's financial system known as LGFS is due for renewal. Gary Collins told the Board that the software was proprietary software and was a single source vendor. There was an extensive discussion about the need for keeping the system on maintenance. Warren Searls stated he felt this maintenance agreement was comparable to an insurance policy and that if American Management Systems needed to be called in the cost of the maintenance agreement would be quickly used up in consulting fees. Gary Collins told the Board that this system is used by many local governments in the Dallas/Fort Worth metroplex as well as the rest of the state. Warren Searls made a motion to recommend the City Council approve the maintenance agreement with American Management Systems. Vicki McCombs seconded the motion, and it passed unanimously. e f Data Processing Advisory Board Minutes September 4, 1996 ' Page 2 Vicki McCombs had submitted a list of questions and requests for information prior to the meeting. Gary Collins distributed the list of questions and the requested information. Gary Collins answered a few of the questions. It was determined that there should be another meeting in October to fully explore these questions, the Long-Range Plan, and the approved Budget. There being no further business, the meeting was adjourned for a tour of the computer room for the new Board members. AAA047E4 T er\•pdoce\ord\emer9.*1e Agenda No. -L YAgenda Item F Date ORDINANCE NO. AN ORDINANCE ORDERING AN SPECIAL ELECTION TO BE HELD IN THE CITY OF DENTON, TEXAS, TO FILL A VACANCY IN PLACE 2, ON JANUARY 18, 1997, AND, IF A RUN OFF ELECTION IS REQUIRED, ON FEBRUARY 15, 1997, FOR THE PURPOSE OF ELECTING A COUNCILMEMBER TO PLACE 2 OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS; DESIGNATING VOTING PLACES AND APPOINTING ELECTION OFFICIALS; PROVIDING FOR BILINGUAL NOTICE OF THE ELECTION; PROVIDING NOTICE OF THE FILING DEADLINE FOR A PLACE ON THE SPECIAL ELECTION BALLOT; ORDERING THAT AN ELECTRONIC VOTING SYSTEM BE USED; MAKING ADDITIONAL PROVISIONS FOR THE CONDUCT THEREOF; AND PRCVIDING FOR AN EFFECTIVE DATE. WHEREAS, Councilmember Jeff Krueger has submitted his resigna- tion as Councilmember for Place 2 and, by Resolution No. R96-057 passed by the City Council on September 24, 1996, the Council has accepted Councilmember Krueger's resignation; creating a vacancy in Place 2 under Tex. Elec. Code §201.023; and WHEREAS, the City Council requested that Governor George Bush authorize the City to hold this election on a date prior to the next uniform election date by proclaiming this an emergency election under Tex, Elec. Code §41.0011; and WHEREAS, Governor Bush has refused to declare an emergency election so that this special election could be held on a date other than a uniform election date and in accordance with Section 2.04 of the city charter; and WHEREAS, the City Council needs to hold this special election on the next available uniform election date which is Saturday, January 18, 1997 in accordance with Tex, Elec. Code §41.001; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. That a special municipal election is ordered to be held in the City of Denton, Texas, on Saturday, January 18, 1997, such date being a uniform election date as defined in Tex. Elec. Code §41.001, as amended (the "Code',) for the purpose of electing a Councilmember to fill the vacancy for District or Place 2. In the event a runoff is required, the runoff election shall be held on Saturday, February 15, 1997. SECTION II. That the filing deadline for a place on the special election ballot will be December 18, 1996. SECTION III. That the polling places, which shall be open from 7:00 a.m. to 7:00 p.m, shall be as follows: s Voters residing in District (Place) No. 2 shall vote at: FIRE STATION NO. 4 2110 SHERMAN DRIVE DENTON, TEXAS SECTION IV. That the election officials for the election and the runoff, if any, shall be as follows: For District (Place) No. 2: Doris Chipman, Presiding Judge and Mary Mecay, Alternate Judge. Jennifer Walters, City Secretary, shall conduct early voting under the Texas Election Code. George Spuller shall be Presiding Judge for the Early Ballot Board, along with the other Early Ballot Board officials named in Section VI below. The presiding judges are authorized to appoint a sufficient number of clerks as necessary to assist them in the election, including bilingual assistants as required by law. The rate of pay for election judges and clerks shall be the maximum amount provided • for by State law. SECTION V. That early voting shall be conducted for the election, and the runoff election if necessary, by the Office of the City Secretary as early voting clerk in the Municipal Building at 215 East McKinney Street in the City of Denton, Texas. The polls for early voting by personal appearance shall be open between the hours of 8:00 a.m. and 5.00 p.m. Monday through Friday, commencing on December 30, 1996 and ending on January 14, 1997. In addition, early voting shall be held on Saturday, January 4, 1997, between the hours of 10:00 a.m. and 3:00 p.m., at the same location as weekday early voting. SECTION VI. Early voting by mail shall be conducted by the City Secretary as early voting clerk in conformance with the requirements of the Code. Valid application and ballots voted by mail shall be requested from and sent to Jennifer Walters, City Secretary, City Secretary's Office, City of Denton, Texas, 215 East McKinney, Denton, Texas 76201. The Early Voting Ballot Board is hereby created and authorized to canvass the early votes cast by mail and by personal appearance. The following persons are hereby appointed as election officers of the Early Voting Ballot Board: Presiding Judge, George Spuller; Alternate Judge, Alma Clark; and Clerk, Ilene Steward. SECTION VII. That the Mayor is hereby directed to provide notice of the election, and the runoff election if necessary, in accordance with Sections 4.002 and 4.003 of the Code, the notice to be printed in the Spanish language and the English language. SECTION VIII. That an electronic voting system, using optically scanned ballots, meeting the requirements of Chapter 124 PAGE 2 s u G r' of the Code, shall be used for said election. Preparation of the necessary equipment and official ballots for the election shall conform to the requirements of the Texas Election Code. SECTION IX. That the City Secretary is authorized to prepare the official ballot for the election and to perform every act required by the City Charter and the laws of the State of Texas for holding elections. SECTION X, The election officers named above shall make returns for the election in the manner required by law. The ballots that are properly marked in conformance with the provisions of the Texas Election Code for votes cast both during the period of early voting and on the day of the election shall be counted in the manner required by law. SECTION XI. Substantial copies of this ordinance in both English and Spanish shall serve as proper notice of the election and said notice shall be: (a) published at least once in a newspaper of general circulation published within the City, not less than the thirtieth day or later than the tenth day before the election; (b) posted, not later than the twenty-first day before election day, at a public place in each election district that is in the jurisdiction of the city; (c) posted, not later than the twenty first day before election day, on the bulletin board used for posting notices of meetings of the City Council of the City; and (d) posted, as may otherwise be required by Code §4.003 and other applicable laws. SECTION XII. That this ordinance shall become effective imme- diately upon its passage and approval. PRESENTED AND PASSED on the 5th day of November, 1996, at a regular meeting of the City Council of the City of Denton, Texas, by a vote of ayes and nos at the regular meeting of the City Council of the City of Denton, Texas. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY,? CITY ATTORNEY J BY: ✓ ! rJ PAGE 3 i F E:\MPDOCS\04D\CONSENT.OAD Agenda No. 96-0 - 0-P Agenda Item Dale ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 94-183, AS AMENDED, BY AMENDING SECTION 2.6 OF THE RULES OF PROCEDURE OF THE CITY COUNCIL BY AUTHORIZING THE CONSENT AGENDA TO BE APPROVED BY ONE MOTION OF THE CITY COUNCIL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR RETROACTIVE EFFECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, because of the City Council's desire to more effectively and efficiently serve the public through the medium of public meetings, the council deems it in the public interest to amend the Rules of Procedure; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That Ordinance No. 94-183, as amended, is hereby amended by amending Section 2.6 "Questions to Contain One Subject" to read as follows: 2.6 All questions submitted for a vote shall contain one subject, except the City Council may approve all items which are on the consent agenda in one motion, regardless of how many subjects are contained in the consent agenda, so long as all items have been properly posted in accordance with the Texas Open Meetings Act and have not been removed from the consent agenda by a councilmember. If two or points are involved, any member may require a division, if the question reasonal-ly admits of a division. SECTION II. That save and except as amended hereby, all the sections, subsections, sentences, clauses, and phrases of Ordinance No. 94-183, as amended, shall remain in full force and effect. SECTION III. That this ordinance take from and after October 1, 1996, 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: t r r Agenda Item Date November 5, 19% ' CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TED BENAVIDES, CITY MANAGER SUBJECT: CONSIDER APPROVAL OF THE REQUEST FOR PROPOSALS (RFP) FOR THE UTILIrY DEPARTMENT 1997 MANAGEMENT STUDY RECOMMENDATION: The Public Utilities Board at their special meeting of October 31, 1996 recommended approval of the proposed request for proposals for the 1997 Management Study. SUMMARY: The Denton City Charter requires that "at intervals not exceeding ten (I0) years the council shall at the expense of the utilities involved cause a general management survey to be made of all utilities under the jurisdiction of the board by a competent management consulting or industrial engineering firm, the report and recommendations of which shall be made public."' Attached is a draft of the proposed RFP. The management study is divided into two major sections - a general management section and a comparative analysis section. The general management section will be an independent evaluation of electric, water, wastewater, (including stormwater drainage) and solid waste utilities and the fleet services. The study will review all aspects of the utilities operation which are under the jurisdiction of the utility plus support services provided to the utility operation by other city departments. The study will also examine any other non-operational issue such as development policies, contractual obligations, etc. that may affect the efficiency, effectiveness and costs of the utilities. The comparative analysis section will examine the four major business functions of the utility plus fleet services and will compare selected significant cost component areas with similar utilities and with the competitive market. If during the review, the consultant finds that any function performed with in-house personnel does not reasonably compare with other similar utilities or because of significant reasons can not be expected to be comparable or competitive in the near term (3 -5 years), the consultant is to report such findings in the scheduled May 1997 interim report. At that 1.110NIENNNY B' PUBADNIVAGTTEMW'rimagestdy 033 I L rr! m+} time the consultant may be requested to expand the scope of their work and develop an RFP for outsourcing the subject function if the city determines outsourcing is appropriate. The RFP outlines a schedule that begins with a pre-proposal conference on December 17, 1996, receipt of proposals on January 14, 1997, interviews and selection during later January and early February, Council approval by February 18, 1997 with notice to proceed by February 21, 1997. Interim reports will be made in March, April, May and June with the final report on July 8, 1997. Respectfully Ted Benavides, City Manager Prepared by, E. Nelson, Executive Director Utilities A, 4 w F t CITY OF DENTON REQUEST FOR PROPOSALS UTILITY DEPARTMENT MANAGEMENT STUDY RFSP x/1966 I. GENERAL The Charter of the City of Denton prescribes that "at intervals not exceeding ten (10) years the council shall at the expense of the utilities involved cause a general management survey to be made of all utilities under the jurisdiction of the board by a competent management consulting or industrial engineering firm, the report and recommendations of which shall be made public." The City of Denton is seeking proposals from qualified firms to conduct this charter prescribed management study. Denton and all local governments are facing increasing pressure to achieve greater productivity, efficiency and effectiveness in providing services. Denton recognizes that to meet these expectations that bench marking, business process redesign and outsourcing are some of the methods being used by local governments to address the more competitive utility environment that exists today. Therefore, in addition to the general management study as prescribed by the charter, Denton desires that a bench marking of operational costs be performed on selected significant cost components of the various utility operating divisions and that business process redesign and outsourcing, if determined appropriate, be included as a consideration in the recommendations resulting from this study. This study, should evaluate the cost and quality of Denton's existing utility services and provide recommendations including general and specific operational actions and policy changes, which can be used as a guide for changes so that Denton can assure its citizens are receiving quality, cost effective utility services which compare favorably with other similar utilities in the region. A. Proposal Deliver: Please submit six (6) copies of your written proposal not later than 2:00 p.m. on January 14, 1997, to: Mr. Tom Shaw Purchasing Agent City of Denton 901-B Texas Street Denton, Texas 76201 The proposal is not to exceed 35 pages (not including the attached examples of work product and team members' resumes.) B. inquiries and Pre-proposal Meeting: Submit all inquiries about the project to Mr. R. E. Nelson, City of Denton, City Hall, Department of Utilities, 215 E. McKinney, Denton, TX 76201 in writing at the above address. A pre-proposal meeting will be held in Denton, Texas, at 2:00 p.m. December 17, 1996, in the A41049Dd - 1 - r f t City of Denton RFP Utility Department Management Study Denton City Hall, Civil Defense Room. Firms not attending the pre-proposal meeting may not receive further consideration for this assignment. All inquiries should be submi,.ed in writing to Mr. Nelson no later than 5:00 p.m., January 3', 1997. Responses to written inquiries will be provided to all proposers attending the pre-proposal conference. All communications should be directed in writing to Mr. R. E. Nelson. Proposers should refrain from contacting members of the selection team. C. Cos of Proposal Preparation: Please note that no reimbursement will be made by the City of Denton for any costs incurred in the preparation of this proposal, attendance at the pre-proposal meeting, and/or any oral presentation (if required). H. DESCRIPTION OF PROJECT A. Study Oh;ective/ rpoc : The purpose of this study is to perform the general management study as prescribed by the City charter, to perform an overall benchmarking comparative analysis of the major cost components of the various utility operating divisions and provide recommendations of changes for internal improvements including options for outsourcing that will enhance the efficiency and effectiveness of Utility services in the City of Denton. B. Sco a of Pro'ect: The study shall include an independent evaluation of the general management of the electric, water, wastewater (including stormwater drainage) and municipal solid waste (MSW) utilities and the city's fleet services. It shall also include a comparative analysis of major cost components for the various utility operating divisions, The comparative analysis part of the study should concentrate on examining the areas with the greatest cost reduction potential. The study should examine such issues as use of technology, competitive outsourcing, operational methodologies, purchase of services and products, labor, power, chemicals, vehicles, equipment, etc. 1. General Management- In the general management part of the study, all aspects of the city's utility should be reviewed in the context of how each aspect relates to the cost or function of providing utility services. Included, but not limited in this review, shall be such issues as governance, organizational structure, financial practices, development policies, support services, franchise and PILOT transfers, communications, public relations, planning and budgeting processes, rate development and administration, etc. Governance review shall consider the Council, Public Utility Board, Management structure as outlined in the charter and analyze actual practice for compliance and effectiveness. AAA049D4 - 2 - S f City of Denton RFP Utility Department Management Study Organizational structure review shall consider the present business service structure effectiveness versus other possible organizational structures such as ' operational function. The review should also include, but not be limited to, reviews of various operational units and their relationship in the overall utility organization structure. It should also examine span of control and the size of various work units, especially field service crews. Financial practices review shall examine the financial condition, strength, appropriate ratios, debts and assets, general practices, etc. of the financial issues of each utility. Development policies review shall examine the city and utility overall utility development policies that affect the various utilities financially, planning wise, operationally, etc. Support services review shall examine the various support services provided by the city's general government departments in the provision of utility services. The support service review shall include, but may not be limited to, utility billing, customer service, accounting, purchasing, warehousing, legal, information services, human resources, risk management, finance, treasury, utility engineering and inspection, etc. Franchise and payment in lieu of taxes (PILOT) review shall examine the practices in Denton as compared to other similar cities and the comparative impact on utility rates and services. Communications review shall examine the general communications, formal and informal, necessary for the internal functioning of the Utility, other city departments and governance structures in the process of intelligence gathering, decision making, directing, controlling, monitoring and informing, the staff involved in providing utility services. Public relations review shall examine the formal and informal public relations programs, mediums, etc. for effectively informing and coordinating with customers. Public relations and external communications reviews may be overlapping and the consultant shall organize as determined appropriate to address these important functions. Planning review shall examine, but shall not be limited to, the processes of strategic planning, capital improvement planning, financial planning, strategic rate planning, etc. This review should examine the processes for appropriate public, governance and staff input and for analysis process, decision making, plan approval and implementation. The specific plans for electric power supply, water supply and treatment, wastewater treatment, solid waste management MA049D4 -3 S t+ t y F v City of Denton RFP Utility Department Management Study including recycling and landfill, regional and partnership involvements in all utility areas, delivery facilities for electric, water, wastewater and solid waste collection services, etc. shall be included in the general sections applicable to the comparative analysis part of this management study versus this planning section of the general management part of this study. Budgeting review shall examine the process of budget development, approval, implementation and monitoring. This shall include the capital and operating budget processes. Rate development and administration review shall examine the process of developing, implementing and administrating rates for electric, water, wastewater and solid waste utility services. This review should provide a cursory review of the market sensitivity and flexibility of Denton's rates and the comparability of Denton's rates with other similar communities in the area. The Denton staff has a good data base of comparative rates but the consultant shall verify the accuracy of this data base before utilizing or including as part of the study. The consultant shall also review all other management issues that may have a significant affect on the management efficiency or effectiveness of the utility. 2. Comparative Analysis - The comparative analysis part of the management study shall examine the selected significant cost component segments of each operating division of the Utility Department. The management study report should include a general section for each of the main utility services of electric, water, wastewater and solid waste plus fleet services. Where appropriate, each of the subunits of the main utility services should also include a general section; example -water production, electric production, wastewater plant, landfill, etc. The comparative analysis of the main utility services and their sub-units shall include, but may not be limited to; Electric Utility - Electric power supply, fuel, power pooling and partnerships, power production, transmission, substations, distribution, engineering, metering, radio services, fiber optic services, and computer/technical services to internal/external organizations. Water Utility - Raw Water Supply, regional partnerships, treatment, storage and pressure pumping, distribution, engineering, metering and wholesale services. Wastewater Utility - Collection, Pumping Stations, treatment, biosolids management, regional partnerships, wholesale services. &"049DJ - 4 - t a r City of Denton RFP Utility Department Management Study Solid Waste Util Residential collection, commercial collection, landfill, composting, recycling. Fleet Services - Vehicle maintenance, parts, fuel services. Support Services - utility billing customer service, accounting, purchasing, warehousing, legal information services, human services, risk management, finance and treasury, utility engineering and inspection. 3. Outsourcing - If during the course of the general management or comparative analysis review, the consultant finds that any function the utility or city is now performing by its own personnel is not reasonably comparable or competitive and that there are significant reasons to conclude would not be comparable or competitive in the near term (3-5 years) the consultant shall present the issues involved with those functions in the scheduled May 1997 interim report. If outsourcing is an appropriate recommended action, to address the concems of such function(s), the consultant may be requested to provide an RFP and a detailed plan for implementation for outsourcing. Such an effort if requested, must have prior approval of the city and will result in an amendment to the consultants base contract. C. Project Deliverables: It is anticipated that the project will be completed in phases with interim draft reports on key issues being prepared for review by the City. The final report would be a single comprehensive document including all interim reports. The cost of service and comparative relationship (bench marking) to other utilities of comparable size is required. The analysis shall include the major cost components such as labor, power, chemicals, amortization of capital facilities, purchased services and products, and other factors. The City of Denton's cost shall be measured against other comparable utilities and the competitive market, if applicable. The City does not anticipate engaging the selected consultant to implement the recommendations contained in the consultant's report, either as a prime consultant or as a sub-consultant. D. Confidentiality: The working documents of the study and information therein are to be treated in confidence by the consultant. Such documents and use of the City as a reference is not to be disclosed to any party without the prior written approval of the City. All proposers on this project will be required to execute a confidentiality agreement (three year's duration). No information obtained from the proposal process or any work activities can be divulged to any party other than those designated in writing by the City of Denton. W049D4 - 5 - 1S V r r' Y City of Denton RFP Utility Department Management Study Several areas that will be subject to review are areas where a competitive market is or will soon exist. The consultant shall be cognizant of the ramifications of divulging information that may be critical to the Utility's ability to compete in such markets The consultant shall present information in reports in such a manner that does not make available critical marketing and confidential information to competing entities. E. Services Furnished by the City of Denton: The City will furnish the following to assist the consultant on this project: f 1. A single individual designated as the City's representative. 2. All readily available information from the City's existing records including prior management studies, financial analysis, operational parameters such as commodity sales and revenues of water/wastewater, tonnage of municipal solid waste, electric etc., existing reports forecasts, budgets, master plans, future utilities requirements, rate studies, annual reports and any other data curr.-iitly available from the City. 3. The City's representative will act as a liaison to the consultant in requestit:g information from other municipal, utility, state or other organizations upon request of the consultant. The city will obtain from other parties such information as the consultants determine necessary for conducting the management study. F. Description of Utility Operations. Budgets and Organization- (See Appendix A) III. PROPOSAL REQUIREMENTS A. Information to be Submitted: Please include as a minimum the following information with your submittal in the order indicated. 1. Transmittal Letter Indicate the person authorized to contract on behalf of the proposer and any subcontractors or other parties which form a part of your proposed team. 2. Overall Approach and Rork Plan The proposer should be specific in discussing the work plan so that the level of analysis estimated is sufficient to permit an evaluation of your approach. AAAWN - 6 - S F d City of Denton RFP Utility Department Management Study 3. Qualifications a. Firm: General description of your firm, including domestic or foreign ownership, general areas of practice, number of employees in offices, and an approximate annual average billing volume for the last three years. Also indicate the percentage of your revenues which have been derived over the last three years for similar management consulting services to publicly owned utilities and to privately owned utilities. The Firm, either within its own personnel or through sub-consultants, have expert technical personnel in each of the functional areas of electrical, water, wastewater, solid waste and fleet services. b. Project organization and personnel: Provide an organizational chart depicting the principal management consultant, the project manager, and any key support personnel and their specific roles in the project. In addition, indicate an average percent of utilization on this assignment anticipated during the course of the study for each of the key members of your project team, and the location of their principal office. Indicate the correlation with the proposed project team personnel and the project descriptions of past assignments of a similar nature performed by your firm in the last five years. Identify sub-consultants or personnel from other organizations who would be assisting on this assignment. c. Recent similar projects with budget and references: Indicate a listing of the top ten clients (determined by annual billings) over the last three years for similar type assignments. Also provide a listing of not less than five similar management studies conducted for public utilities in the last five years. Include the name, title, address, and current telephone number of the client representative. Indicate the date the project was completed the total project cost, and to what extent the projects involved similar scopes such as water and wastewater, electrical utility, municipal solid waste, or a combination of these areas. Identify members of your proposed project team who worked on the project, as well as their roles. Note whether any of these projects were completed as a sub-consultant to another firm. d. Client profile: Please provide an estimated percentage of work your firm has completed within the last three years for the following major categories: Public Utilities; Investor-Owned Utilities; Privatized Utilities Service Providers or related industries for other clients; and other clients. e. Conflict of Interest: The consultant should identify any conflicts of interest, including but not limited to services other than management consulting provided to other utility clients, construction firms, private contract operators, equipment l , 4 .t F. i City of Denton RFP Utility Department Management Study manufacturers, or related business entities. Other business relationships which could affect the independence of the management consultant to serve the best interest of the City of Denton must also be identified (these include parent company ownership, subsidiary firms, other alliances or affiliations such as joint ventures or preferred teaming arrangements) and any other factor which may affect the objectivity of the management consultant. Failure to make such disclosure could result in the disqualification of the consultant for the project. 4. Sample Work Product: Include one (1) report of a similar scope and nature to serve as an example of the consultant's completed work product. Also include executive summaries of two (2) additional studies completed within the last five years. These reports will be used by the selection committee to evaluate the style, content and depth of the study anticipated by the consultant on the City of Denton's project. The information will be handled confidentially and returned to all proposers immediately following selection. If necessary, the consultant is free to remove the client's name from the examples. IV. SCHEDULE AND SELECTION PROCESS A. Schedule: The City of Denton proposes to evaluate the submitted proposals in accordance with the following schedule: 1. Pre-proposal meeting, December 17, 1996. 2. All proposals received by 2:00 p.m., January 14, 1997. 3. Consultants short-listed for interviews will be notified by January 20, 1997. 4. Interview of short-listed firms, January 24, 1997. 5. The selected firm will be notified by January 27, 1997. 6. Contract negotiation completed by February 3, 1997. 7. Notice to Procced will be issued on February 21, 1997. 8. Interim reports on specific issues due in April, May & June 1997. 9. Presentation of Preliminary Report to the Public Utilities Board/City Council on June 23, 1997. 10. Presentation of Final Report to Public Utilities Board/City Council on July 8, 1997, B. Evaluation/Selection Criteria: The City of Denton will appoint a selection committee composed of five members including a Council member, Public Utility Board member, City Manager, Executive Director of Utilities and Executive Director of Finance. The selection committee will review the submitted proposals using the following selection criteria and weighing factors: 1. Experience, quality and availability of assigned team members (30 points) 2. Project approach for this assignment (20 points) AA kos9w - $ e i` City of Denton RFP Utility Department Management Study 3. Recent firm experience with comparable utilities and study costs (20 points) 4. Independence and absence of conflicts of interest of management consultant (20 points) 5. Other factors (10 points) C. Minority and Women-Owned Business Enterprises (M/WBE): The City of Denton does not have a formal M/WBE goals participation program in this project. If MIWBE participation is proposed, consultants should identify the proposed firm(s) as such in the project organization section. AAAa9os . 9- I f APPENDIX A DESCRIPTION OF UTILITY OPERATIONS CITY OF DENTON, TEXAS General The City of Denton, county seat of Denton County, is the northern gateway to one of Texas' major metropolitan areas. Bordering on the Dallas/Fort Worth metroplex, Denton is convenient to major financial and commercial centers as well as major transportation facilities such as the Dallas/Fort Worth Airport and Alliance Airport. Denton is home to the University of North Texas and Texas Woman's University. The University of North Texas has approximately 25,000 students, and TWU about 8,000. With its access to DFW Airport and Alliance Airport, Denton is home to many of those individuals and businesses serving as support structures, such as marketing, sales, etc Denton has a complement of manufacturing and high tech industry and is a retail and medical ` center for North Texas. Denton Municipal Utilities has reflected the growth of the city and continues to emphasize the strong partnership between the Utility and its citizen-owners who benefit from public power. CITY GOVERNMENT Denton City Council Denton operates under a Council/Manager form of government. This form of government allows citizens to elect their representatives to make policies. The City Council oversees the ordinances, and policies of the overall city organization. The City Council hires a professional City Manager to oversee the day-to-day management of the City using the policies they have set as guidelines. There are seven members on the City Council representing four single-member districts, two at-large districts and a Mayor. They are all voting members of the Council. Denton Public Utilities Board The Denton Public Utilities Board is composed of five members appointed by the City Council to serve four year terms. The City Manager and the Executive Director of Utilities are ex- officio members of the Board. The Board acts as a consulting, advisory and supervisory body to the Department of Utilities. The Board has authority and responsibility to study and to recommend policies relating to the organization, including the setting of rates and charges, operations, promotion, enlargement, planning, system expansion, personnel, incurring of indebtedness, i3suance of bonds, budget and capital improvement project recommendations. AAA049D4 - 10- S1 4 F City of Denton RFP Utility Department Management Study The Denton Public Utilities Board begins each year with an annual Planning Session in January and, with departmental staff, develops priorities for policy/procedure as they apFly to local operations and administration of the utilities and local, regional and statewide regulatory a:?d political issues. A "Statement of Policy" is then formulated with this policy functioning as a major guideline for the organization. The Annual Planning Session by staff, the Annual Forecast, Annual Financial Report, Capital Improvements Plan and Operating Budget involve considerable exchani- of ideas and information between Board, staff and other entities over a period of several months and comprise four of the Board's highest respo-4ility areas. The Depart,oent Strategic Plan is revised on an "as needed" basis having a flexibility built in to it sufficient to respond to an ever-changing competitive environment. The Board members serve on several committees which include the Vision 21st Century Project for the City, the Chamber of Commerce Economic Development Board, the PLUS I Utility Account Review Committee, the Land Use Development Plan Committee, the TMPA Board of Directors, as well as serving on several National Committees, such as the American Public Power Association's Legislative and Resolutions Committee, their Policy Makers Advisory Council, and the Texas Public Power Association's Legislative and Resolutions Committee. The Board also sends an emissary to Washington during critical hearings on issues that directly impact the Utility organization. UTILITY ADMINISTRATION The Utility Administration Department is responsible for management of the Electric, Water, Wastewater, snd Solid Waste Departments, which includes 26 organizational units, for the City of Denton, Texas. This department provides these services to 70,000+ residents of the City of Denton. A few of the responsibility areas of the Utility Administration Department include: all utility long-range planning (i.e., strategic planning, future water supply, energy supply, etc.) establishment of the utility capital and operating budgets and utility rates active participation on several state, regional, county and city committees for future water supply and quality as well as power supply issues. coordinating all activities with the Denton City Council, Denton Public Utilities Board, the City Vision Committee, and other boards and ccmmissions within the city organizalion.The Utility Administration office coordinates and prepares final agenda items for the Public Utilities Board, presentations to the City Council and Planning and Zoning Commission and makes recommendations as appropriate. AAA049D4 _ I1 r F Y, City of Denton RFP Utility Department Management Study The Utility Administration office is the conti^t office for all local, state and federal regulatory agencies dealing with utilities and actively participates in local, state and federal legislative matters. Brief outlines of the four major departments and their operating divisions follow: THE ELECTRIC SYSTEM The City of Denton has owned and operated its Electric System for approximately 95 years. Today, the Electric System serves approximately 31,600 customers. The Electric System consists of 174 MW of gas tired generation, 3 MW of hydro generation, Denton's 21.7% share of the Gibbons Creak coal-fired unit, 11 substations, 16 miles of 69 KV transmission, 303 miles of overhead distribution lines, 204 miles of underground distribution lines, and 33 miles of fiber optic lines. The system is operated by 133 employees. The 1996 annual system peak was 219 MW and is projected to grow by slightly more than 3% per year for the next five years. The fiscal year 1996 MWH sales were 906,099 MWH and are projected to grow by slightly more than 4% for the next five years. The fiscal year 1996 average cost per KWH over all customer classes was 6.62 cents/KWH and is not forecast to increase in 1997, except for a projected 1.51 % increase necessary to reflect fuel cost changes. Fiscal year 1996 revenues are forecast to be $74,243 million. Fiscal year 1997 revenues are forecast to be $77,296 millon. The fiscal year 1996 operating expenses are forecast to be approximately $69,500 million. The fiscal year 1997 operating budget is $75,225,883. The fiscal year 1997 Capital Improvement budget is $54,566 million. Electric Administration The Electric Administration Division provides general supervision for Electric Utility Operations including the functional divisions of Production, Operations/Dispatch, Overhead-Underground Services, Substations, Engineering, Metering, Meter Reading, Customer Information, Demand Management, and Communications. Included within the functions of the Administration Division is Operating Budget and Capital Improvement Plan formulation, System Planning and Design, Board and Council Agonda preparation, review and monitoring of rates, system load forecasting and planning, and inJustrial, commercial, and residential development review. Goal modifications to the Electric Department Master Plan include implementing recommendations and results of the Power Supply Study; development of quarterly purchased power and fuel cost adjustment ordinance; computer productivity improvements through linking of computer systems; space requirements and plan for service center; and expansion of electric service into dual-certified service territories. Other goals within the Electric Department are detailed within the specific division narratives. The Electric Lana-Term Strategies include the following: 1. Assure the availability of needed electric resources to meet customer load through development of least cost long-term power resources supply coupled with I development of cost-effective demand-side programs. AAA049N - 12 - L s F City of Denton RFP Utility Department Management Study 2. Maintain competitive rates with adjoining utilities with goal of limiting average increase to at or below inflation. 3. Provide appropriate financing for major capital improvements and replacements without incurring excessive levels of debt. 4. Select and track financial and performance indicators to measure productivity and financial performance. 5. Support "Vision of Denton" planning process and continue to support economic development to attract new business and retain or expand existing ones. 6. Provide employees with proper resources, training, facilities, procedures, and work environment for effective job performance and improved productive service to our customers. 7. Monitor and comply with all environmental and safety regulation.,. 8. Create a safe workplace that promotes concern for employee and public safety. 9. Identify, develop, and implement programs that meet the service requirements of customers and that achieve external and internal customer satisfaction goals. Electric Production The Electric Production Division is responsible for the City's power generation resources located at Spencer Station, Ray Roberts and Lewisville Hydros. The Production budget additionally reflects finding for purchase power requirements supplied by Texas Municipal Power Agency and Texas Municipal Power Pool. The City's power generation resources include five natural gas fueled steam-turbine generating units located at Spencer station. All five units are equipped with Combustion Engineering boilers and General Electric turbine generator sets. Installed rating for the five steam units totals 174,000 MW. The generating resources also include two remotely operated hydro-electric plants at the base of Lewisville and Ray Roberts dams. Those Units total 3000 KW in combined capacity and are operated as allowed by lake discharge directed by the US Army Corps of Engineers or Dallas Water Utilities. The units operate primarily unattended with routine operation and maintenance checks totaling a minimum of 16 hours per week. In addition to power generation, the division operations staff monitors the electrical distribution system and provides dispatch service to the utility and city services at night and on Sunday. Regulatory requirements occupy a large amount of staff time and resources. The Continuous Emission Monitoring Systems have been installed on units Four and Five as required by EPA. AAA049D4 - 13 - a 'r• City of Denton RFP Utility Dept.-truent Management Study Staff performs all preventative maintenance on the CEM units. EPA acceptable electronic data reports must be submitted regularly. Responsibilities also include the Pollution Prevention Plan, SPCC and Stone Water Permit. OSHA compliance and Title V operation permit compliance are also responsibilities of the electric production. Personnel training development are necessary to assure station availability, capability, reliability, efficiency, and to maintain regulatory compliance. Craft progression requirements have been established. Specific training curriculums have been developed for basic academics and for power plant fundamental. Dispatch and Operations The Utility Dispatch and Operations division is responsible for a wide range of activities including; the development and administration of a fully functional operation/dispatch center, coordination of the integration of GIS, SCADA, AVR, CAD, metering devices and other external systems; coordination of the extension of automation functions throughout the transmission, distribution, and substation systems; handling customers' service requests and assisting in the adjustment of system voltages and various levels; documenting outages and substation breaker operations; maintaining plant facility records within G!S; and short and long term planning including system analysis, protective device coordination, contingency analysis, etc. Customer calls for electric, water, wastewater, solid waste and animal control are handled by one full time and two 3/4 time Dispatchers. The dispatchers handle approximately 14,000 calls per year covering outages, partial power, line locations, sewer back-ups, no water or dirty water, loose animals, and full dumpsters. The dispatch function is operated from 7 a.m. to I p.m., six days per week with the Power Plant staff operating the dispatch for the remainder. The two GIS Technicians are responsible for the upkeep of plant records. They maintain 442 coverages containing eight substations serving 48 distribution feeders. These feeders are made up of 14,000 poles, 6,000 transformers, 210 air switches and 96 padrnount switches, 155 capacitor banks, 35,000 meters plus associated pedestals, pullboxes and other secondary facilities. The Technicians verify field changes from service crew job orders and as built drawings received from Engineering. These functions are performed under the direction of the Operations Manager. The Operation Manager is also responsible for approving switching orders and issuing clearances, reviewing system data and making recommendations for improvements to the electrical system. Electric Distribution The Electric Distribution Division provides new construction, service and maintenance of proposed and existing underground and overhead electrical distribution and transmission systems in the City of Denton. This includes new distribution lines, upgrading existing lines to provide increased load capacity, prevention of overloading feeder conductors and service to new customers. Other activities performed by this division include a pole inspection treatment/replacement program designed to check poles on a seven-year cycle; a line clearance AAA4i9Dd 14 - f ...i F `r City of Dentcn RFP Utility Department Management Study program based on a three-year cycle, ongoing maintenance programs of installing and replacing squirrel guards, insulated jumpers, replacement of failed direct buried underground cable with a conduit system and the maintenance of exit feeders. (All these activities improve the system reliability while maintaining the overall service level to our customers.) . This division is also dedicated to the continual education of its employees in electrical concepts and theories and in personal safety. Electric Substations /Fiber Optics The Substation/Fiber Optic Division is responsible for the operation and maintenance of the city's nine electric substations, four TMPA Interchanges and the fiber optic network. The division performs highly technical work in all areas of substation and fiber optic design, operation, and maintenance. Major maintenance projects include transformers, breakers, D.C. control systems, protective relay systems, building maintenance, fiber optic repair and trouble shooting and station ground care. Capital Improvements projects include: 15 KV breaker conversions from air to vacuum for reliability and lower maintenance cost; 69 KV breaker upgrades from oil to SF6 gas to add more reliability and lower mainterance cost; and fiber optic new installations. With new technology, training and schools are necessary for all substation personnel. Each type of equipment has its own operation and maintenance requirements. With the emphasis on cost, the rise of new technology in maintenance is substantial. The technology requirements are met by updating old test equipment and purchasing new equipment. This division is also dedicated to the continual education of its employees in electrical concepts and theories and in personal safety. The division is divided into groups under three foremen. One foreman supervises primarily underground construction and maintenance. The second foreman supervises overhead construction and maintenance. Because the workload has shifted to more underground li construction, the crews under the second foreman also work underground construction and maintenance. The third foreman supervises the service group which also includes street lighting, tree trimming along with crews that respond to customers' service needs. This organizational format has proven to be a cost-effective method of operation. In 1996, the Electric Distributions' Safety/Training Coordinator was transferred from Electric Distribution to the entire Utility Department. The Safety and Training work is now carried out by a part-time Administrative Intern that had been assisting the Safety/Training Coordinator, and an employee temporarily assigned to help in this area. This Line Technician was moved from the service area and .earned with the Utility Safety/Training Coordinator and the part-time Intern to assist in obtaining the goal of becoming the first municipal electric utility in the nation to obtain the Municipal Electric Safety Accreditation. To obtain this accreditation, the electric department must demot.strate industry "best practices" regarding all areas of regulatory compliance, employee safety, training and teamwork. To meet all of the requirements, the overall attention of the Line Technician is required. "Abt9D4 - 15 - Y♦ 7 City of Denton RFP Utility Department Management Study The Engineering Technician II position in the division handles the purchase requisitions, receiving reports, monitors the budget and works closely with the Finance and Purchasing Departments to help resolve any conflicts in materials, budgeting differences and project numbers. The Technician 11 position is also responsible for the coordination with the Engineering Department on ongoing projects and helps with monitoring the cost and the performance measures for the Distribution Division. Over the past five years, the Distribution Division has undergone a reduction in workforce by not replacing some of the employees that have resigned from their positions. Even with this reduced work force the Division has improved the service level due to the education and training offered and the utilization of the advances in technology in equipment. The Distribution Division has continued to train all employees through the Department of Labor registered apprenticeship program. This program fulfills all OSHA requirements while providing our Utility Line Technicians with the technical skills needed to operate and maintain our distribution system in a manner that will maximize our competitive posture. The division is divided into three areas. These include maintenance, operations and fiber optics. The maintenance group is responsible for all maintenance of nine city owned substations, and the minor maintenance of the four TMPA Interchanges. The operations area is responsible for the daily operation of the substations, the SCADA system, which consists of (7) CRT's, (19) RTU's, (800) Transducers and over 105,600 feet of 25 pair control cable, highly technical testing and programming and trouble shooting. The fiber optic's area consists of design, maintenance and installation of the fiber optic network. Fiber optics is the new technology for the City of Denton. This division has installed fiber to nineteen city buildings. This number 1AT1 increase as our fiber network expands with more optirns. The fiber optic network increases the communications inside a department and between different departments. 1 Electric Engineering The Electric Engineering division's primary responsibility is to provide quality engineering to meet Departmental goals and customer needs in a professional, cost-effective and timely manner. The primary areas of responsibility include design construction, monitoring, system planning and system analysis. Under design and construction, staff designs work for implementation by electric distribution division construction crews. Designs normally included cost estimates, area mapping, load analysis, conductor selection, protective devices, structure and assembly standards, and field data. Review and update specifications for overhead and underground standards and material purchases. The goal is to reduce materials inventory and construction costs. Under system planning, studies performed are system load forecast, customer problems, load distribution and automation, and life cycle tracking of items of plant. AAAMYDJ - 16- F City of Denton RFP Utility Department Management Study a. Load forecast predicts future electrical load growth by utilizing economic and trending of historical growth patterns for industrial, commercial and residential customers, b. Customer problems are handled through a power quality team that represents the divisions of Engineering, Distribution, Substations, Communications and Metering. The team performs site visits to customers' facilities for data collection and offer assistance. c. Load distribution to study new and existing loads location and recommend required system modifications. Distribution automation provides the means to move effectively towards minimizing outage duration, isolate faults, restore service by system reconfiguration and improve efficiency of personnel and machines used to clear faults. Under system analysis, staff performs the following: a. Response to customer requests b. Perform load flow models by utilizing system configuration for electric lines and equipment. The model takes into consideration light and heavy load cases. c. Performs fault analysis to support system devices coordination and equipment ratings. d. Reduce losses, load distribution, capacitors placement and transformer load management. Each Engineer is assisted by a technician and or intern to provide technical assistance in the planning, design and construction. and analysis functional responsibilities. Electric Metering The Electric Metering Organization is engaged in the daily operations of providing customers with electric and water service connections, disconnections and customer support operations. In the projected 1996-97 Budget, the electric and water tum-ons are projected to be approximately 24,000 and the approximately 22,250. The ever-growing need to provide customers with quality electric service has prompted more training in such areas as: energy information, demand side management, power factor, power quality, and harmonic detection and their effects on the customers business and energy use. The Electric Metering Division in 1996- 97 Fiscal Year will test approximately 2,885 electric meters for both maintenance and meter test program. The goal for the 1996-97 Fiscal Year will "target" large commercial and industrial customers for total testing of all metering equipment, Funds are allocated for lime and equipment involved for "Power Quality" studies and assistance for commercial and industrial customers. Continual training in today's high standards of excellence is a must for the electric metering organizations. The organization's goal remains steadfast in providing the City of Denton customers with courteous, fast and quality ser•.ice, presently and in the future. The Division works to maintain a cost-effective operation for both the customer and the organization without sacrificing quality or safety. AAA049D4 - 17 - a F City of Denton RFP Utility Department Management Study Meter Readine This Division's eight members are responsible for reading 29,687 electric meters, 3,511 demand meters and 18,294 water meters, and 50 sewage meters every month, for a total of 618,504 per year. Each Meter Reader is responsible for reading approximately 7,363 meters per month, or 88,356 meters per year. The meters are assigned to 21 cycles. All 21 cycles must be read and billed each month. All meters must be read and be ready to bill in the time frame of a minimum 28 days' reading billing, and no more than a maximum of 32 days per reading/billing. The Customers' bills are made up of electric, water, and sewage usage. The Solid Waste charges are flat rated for residential customers, while commercial customers are charged by dumpster size and number of days they are scheduled for pickup. This Division is responsible for maintaining the Reading/Billing Schedule to allow the cash flow of the Utility charges to remain on a consistent basis. Customer Information The Customer Information Division serves the public information function for the utility and oversees the residential energy management programs. This division forms partnerships with various groups in Denton such as the school di,..rict and civic groups in order to facilitate utility objectives. The Communications and Special Projects Coordinator (C&SPC) also represents the utility department in national and state organizations such as the Texas Municipal Power Association and American Public Power Association. The public information role is to educate and inform the public about utility-related issues, concerns, programs and accomplishments. The C&SPC works with the department directors from all four utilities to decide on the topics needing to be targeted for the education programs. The materials used to educate utility customers are adv.-riisements in the local media, news releases, cable TV spots, bill-scoffers, and informational newsletters. These materials are written, designed, and produced by this division. We are also responsible for the placement of materials with various media and for the evaluation of communication methods used. On average, 220 educational materials are produced yearly. The division also uses public programs such as presentations and participatica in community groups and the school district upon request. Community events range from narticipation in Earth Day to the Chamber of Commerce Expo. Last year thirty public programs were completed, The division helps plan in-house projects such as Open House, National Drinking Water Week and Public Power Week. On average, 1,500 customers are assisted yearly with questions about electric and water conservation, high-bill complaints, and general service and billing problems. Residential energy management programs include performing 150 energy audits yearly and working with utility customers and HVAC dealers on the appliance rebate program. This division also conducts commercial audits and will be working closely with other divisions on a commercial marketing program. Last year 441 rebate applications were processed. The division tracks monthly energy ANC49D4 - 18 - r 0 t City of Denton RFP Utility Department Management Study use and cost data for all City facilities and maintains a lending library with current information about building practices, appliance efficiencies, Eb1F, and other related areas as well as weather and degree day data. This division has video production capabilities which is utilized for in-house training programs, advertising and educational materials, and presentations. The division also takes on "srocial projects" for other city departments. The division also administers the utility residential energy management programs. This function consists of assistm. customer with questions about conservation and efficiency, high-bill complaints, energy audits and the appliance rebate program. The division tracks energy use and cost data for all City facilities, maintains a library with current information about building practices, appliance efficiencies, EMF, and other related areas as well as weather and degree day data, The division also has graphic and desktop publishing capabilities in order and which are used to produce educational materials, the Utility Citizen Newsletter, and multi-media presentations for the Utility and other Departments. THE WATER SYSTEM The Water System provides retail water service to all customers located within the city limits, as well as wholesale water service of approximately 1.1 MGD to the Upper Trinity Regional Water District. The water distribution system consists of 295 miles of water mains, 7 million gallons of ground storage, and 4.36 million gallons of elevated storage. The City is in compliance with all State and Federal water quality requirements and currently rated as a "superior public water system." Water 'unnly Denton has 4.86 MGD of water rights from Lake Lewisville and 19.76 GD of water rights from Lake Ray Roberts. Denton also purchases 500,000 gallons per day from Dallas as a "readiness to serve" amount to maintain the future options for additional water purchases. Denton also has 2 MGD available from Cooper Reservoir in East Texas in partnership with the Upper Trinity Regional Water District. Denton maintains and utilizes its groundwater well system (2.5 MGD) as a contingency supply in the event of an unusual disruption in the water treatment and/or transmission system. Water Adminlstration Water Administration provides for the direction and general supervision of all water system facilities and operations. These facilities include water treatment, water distribution, metering and repair and laboratory functions. Other responsibilities include capital improvement planning, grant administration, financial and operational reporting, Board and Council agenda preparations, infrastructure review for devc'opment, and liaison with local, state and federal regulatory authorities and other parties associated with Denton's Water Utility. The single most important A"0049D4 - 19 - r b City of Denton RFP Utility Department Management Study service is to act as the liaison between the Public Utilities Board and the various operating/planning departments thereby translating the Board's policies into functional operations, monitoring the progress of operations, and apprising the Board of such progress. t Water Department Long-Term Strategies include: 1. Continue to own, retain and defend Denton's current water rights and cooperate with the ' Upper Trinity Regional Water District (UTRWD) in the future raw water requirements, either through participation with UTRWD or by the purchase of raw water from UTRWD. 2. Continue to own the community water treatment facilities, and consider wholesale treated water purchases from UTRWD only on an interim basis prior to phased construction of plant expansions or new plant construction. 3. Offer a minority equity ownership to the UTRWD in the proposed Ray Roberts Water Plant on an equal cost basis; or offer long-term wholesale contracts to the UTRWD provided Denton customers are not burdened by such wholesale contracts. 4. Continue effective and efficient treatment of the community's water achieving regulatory compliance of a "superior" water system rating and all water quality criteria. Continue to recogn' : ,nd honor contractual interim water supply and long-term water transportation obligations with the UTRWD in water and wastewater projects, while at the same time, pre,eeding to monitor quality and supply and demand factors that may influence modifications of these obligations. 6. Develop and maintain a water distribution system that balances optimum service provisions with the cost of service. Water Engineering The main functions of this Division is data collection, project management, study and system analysis, technical support and mapping. Data collection is mainly a function of our field technicians and our interns. Project management and study and system analysis are accomplished by staff engineers with assistance from the technicians. Staff provides project management services for over $3.4 million of capital improvements for the water utility. Technical support is provided by the entire staff. Mapping is the main function of the GIS Technician who receives assistance from other staff technicians. Design of water/wastewater lines is done by the City's Public We As Engineering Division with review by the Water/Wastewater Engineering staff. Most water/wastewater lines funded by the utility are contracted to private firms with inspection services provided by the City's Public Works Inspection group. XkAO49D4 - 'to - L 5 F City of Denton RFP Utility Department Management Study Water Production The Division's primary responsibility is to produce sufficient quantities of safe drinking water to satisfy the community's demands on a continuous basis throughout the year. The specific areas of responsibility include raw water supply and transmission, treatment, storage, high service pumping and pressure maintenance (booster pumps and elevated storage). The division is also responsible for the operation and maintenance of the ground water wells, storage tanks and booster pump stations located at the water well sites within the distribution system. These ' systems need to be operated and maintained on a 24 hour per day, 7 days a week basis to insure adequate supply and to preserve and maintain the public health and safety. Increased customer demands, an expanding customer base, higher levels of customer expectations, and a rapidly changing State and Federal regulatory environment has dictated that the division be managed, operated and maintained with a much higher level of technical and professional competency than was envisioned five to ten years ago. The primary goals of the division which remain the focus for the organization's efforts are as follows: 1. Maintain finished water quality at the highest level possible with existing facilities and available resources. 2. Meet all State and Federal Standards for finished water quality and exceed these to the maximum extern possible where technologically possibly and economically prudent. 3. Direct resources and staff effort to improve system reliability and to minimize the potential for service interruption or loss of pressure maintenance within the distribution system. 4. Provide continuing education and training opportunities for all employees to promote and encourage continuous self-improvement, upgrade certification levels, and to maintain the public's trust and confidence in the important role entrusted within our division. The division requires that all non-clerical staff obtain and maintain certification in surface water treatment from the TNRCC. The plant staff is organized into the following functional subgroups: Supervisory/Office/Clerical, Plant Operations, Plant Mechanical Maintenance and Plant Electrical Maintenance. Each functional subgroup has a supervisor who is responsible for achieving the goals and objectives outlined for their area. This includes budget responsibilities, staff training and development, resource allocation, manpower deployment and special project assignments. Water Met ring This organization's primary responsibility is to maintain water meter service to the customers. They maintain an accurate system for an equitable distribution of cost to all customers. The Division will change out 1,800 water meters in 1996-97 ranging in size from 518 x 3/4 inch through 2 inch. All water meters are scheduled to be changed every ten years in order to maintain accuracy. Old meters are tested when removed from service to evaluate how well they are performing and to determine the best length of service. The Division plans on exchanging AAM009D4 21 - f q f City of Denton RFP Utility Department Management Study sixteen (20%) of compound waver meters ranging in size from three inch, four inch, and one six inch in 1996-97. The Division has an cnoing testing and repair program on all large water meters. Three inch through eight inch water meters are scheduled to be tested and calibrated once each year. Field tests are performed on all large meters that indicate any problem. Although the Division has used outside repair services in the past, they are now testing and repairing in-house. The Division responds to all complaints from our customers and helps them determine the nature of the problem. They also assist Customer Service with information regarding any complaints. Customer Service depends heavily on this Division to assist them when handling problems and billing disputes. Water Distribution The primary responsibility for Water Distribution is to maintain the continuous flow of water to approximately 16,905 active customers. The most critical service is to restore water service to customers where a water main has ruptured, and to provide such restoration as quickly as possible. Other services provided by this division include hydrant and valve maintenance, fire flow testing, and water main installation. The water distribution system is comprised of approximately 1,716,000 feet of water mains; 10,000 main line valves, 2,400 fire hydrants and 34,000 small valves which serve as control mechanisms for service connections. THE WASTEWATER SYSTEM The wastewater system provides collection and treatment service to the citizens of Denton, as well as Denton's two wholesale wastewater customers, the Town of Corinth and the Upper Trinity Regional Water District. The collection system consists of approximately 319 miles of gravity wastewater lines, 15 miles of force mains and 18 lift stations. Wastewater Administration Wastewater Administration provides for the direction and general supervision of all wastewater system facilities and operations. These facilities include water reclamation plant, wastewater collection, wastewater engineering, and laboratory functions. Other responsibilities include capital improvement planning, grant administration, financial and operational reporting, Board and Council agenda preparations, Utility review of subdivisions and liaison with local, state and federal regulatory authorities and other parties associated with Denton's Wastewater Utility. The single most important service is to act as the liaison between the Public Utilities Board and the various operating/planning departments thereby translating the Board's policies into functional operations, monitoring the progress of operations, and apprising the Board of such progress. 1. Support the level of participation in regional wastewater system development with the Upper Trinity Regional Water District (UTRWD) that will result in the most cost effective provision of wastewater services to the Denton community. AMw9w 22 - r p ,i City of Denton RFP Utility Department Management Study 2. Continue to study wastewater treatment plant options, optimize joint participation with the UTRWD, and maintain majority ownership of the wastewater treatment plant with clear rules of management, fiscal responsibility and present and future obligations. 3. Continue to eliminate all dry weather system backups and overflows, minimize overflows in high exposure areas during rainfall events and systematically rehabilitate the collection system to prevent infiltration and inflow. 4. Develop and maintain a wastewater collection system that balances optimum service provisions with the cost of service. 5. Support the beneficial reuse of wastewater biosclids and effluent through programs that develop and maximize the product value to the community. 6. Continue to support a responsible level of environmental stewardship and public health protection with policy decisions that minimize the impact of pollution on the environment and the public health of the Denton community Wastewater Treatment Plant This division's primary responsibility is the effective treatment of approximately four billion gallons per year of wastewater and the operation of 19 liftstations. State and Federai permit limitations require consistent effluent quality of 10 mgle BOD, 15 mgle TSS, 3 mgle nh2. Specific areas of responsibilities requiring 24 hours a day, 365 days per year operation include wastewater treatment and disinfection, iiftstation operation and maintenance and biosolid management. Stringent State and Federal regulatory requirements necessitate a high degree or technical competency The primary goals of the division which remain the focus for the organization include: 1. Produce the best quality effluent at the lowest possible cost. 2. Minimize overflows and bypasses of wastewater to the environment through automation and continuous monitoring systems at all lift stations. 3. Provide assistance to other divisions to help resolve environmental problems or issues. 4. Continue the development of a partnership with the University of North Texas and Texas Woman's University to provide multi-disciplinary approaches to the resolution of local environmental problems. The TNRCC requires that the Water Reclamation Plant be operated by a chief operator with an A Wastewater Certificate and that shift operators have a B Wastewater Certificate. The plant is organized into the following functional subgroups: Supervisory/Office/Clerical, Water AAA049N - 23 - t♦ L F City of Denton RFP Utility Department Management Study Reclamation Operations and Biosolids Operations. Each functional sub-group has a supervisor who is responsible for achieving the goals and objectives outlined for their area. Municipal Laboratory/ Pretreatment These divisions' primary responsibilities are to provide analytical and environmental support to other divisions within the Department of Utilities. The specific areas of responsibility include analytical testing for permit compliance for water reclamation, water production, water distribution, electric production and the Landfill. The laboratory also provides analytical testing for Pollution Control and Abatement, Industrial Pretreatment and performs bacteriological testing for public and private water systems. The Industrial Pretreatment Program is responsible for the implementation and enforcement of industrial pretreatment regulations, pollution abatement activities, septic system and water well permitting activities, landfill groundwater monitoring issues and to provide other utility divisions assistance with environmental problems and issues. The primary goals of these divisions are: 1. To provide all analytical testing for the Department of Utilities at a competitive price with private analytical laboratories. 2. To maintain compliance with all state and Federal environmental regulations. 3. To protect the wastewater system through the effective implementation of the Industrial Pretreatment Program. 4. To provide continuing education and training opportunities for all employees. Wastewater ColleMion The primary responsibility for the wastewater collection operation is to maintain the continuous flow of wastewater to the Wastewater Treatment Plant. Our single most important function in this organization is to restore wastewater service to customers where service has been interrupted by blockage in the sewer system. Other services provided by this division include manhole rehabilitation, collection system maintenance, grease and obstruction removal and wastewater collector construction. The wastewater collection system is comprised of approximately 1,817,734 feet of gravity/sewer mains, 88,975 feet of force mains, 18 lift stations, 3,600 manholes and 15 major creek crossings. Wastewater Engineering Water and Wastewater Engineering are separated into two divisions. There are two engineers, one manager of construction projects, one technician and one intern in Water Engineering. There are three engineers, five technicians and two interns in Wastewater Engineering. These Divisions do not operate as separate divisions. The Divisions are operated in a matrix fashion, AAA049D4 • 24 - 5 f City of Denton RFP Utility Department Management Study where people are used according to their skills, ability and work load. The organizational chart shows how we report for administrative purposes. All employees report directly to the Engineering Administrator, except for two Engineering Technician Its and an Engineering Technician I, who report to an Engineering Technician III. The main functions of these Divisions are data collection, project management, study and system analysis, technical support and mapping. Data collection is mainly a function of the field technicians and interns. Project management and study and system analysis are accomplished by staff engineers with assistance from the technicians. The staff will provide project management services for over 84.4 million of capital improvements for the wastewater utility in Fiscal Year 1997. Technical support is provided by the entire staff. Mapping is the main function of the GIS Technician with assistance provided by the other technicians. THE DRAINAGE SYSTEM Drainage Operation & Maintenan e This organization's primary responsibility is to maintain the stone drainage system. The maintenance of the drainage system consists of numerous activities such as weed control through mowing and herbicide application, reshaping and grading of channels, street sweeping, minor concrete repair on lined channels, and responding to customer requests. In addition, this Division is responsible for closing the flood gates, placing high water barricades on city streets and for mosquito spraying. The drainage system consists of approximately 35 miles oft open channel, 44,500 feet of concrete lined channel, 28,700 feet of bar ditch and 250,000 feet of underground storm drain system with 1,600 drainage inlets and some 338 culverts and 146 bridges. Three quarters of the city streets are curb and gutter streets that require sweeping to prevent buildup of sand and debris in the storm sewer inlets. Six flood gates must be closed during heavy rains, plus many streets with inadequate drainage need high water barricades. Once the streets are reopened, they must be cleaned of dirt and debris. The underground portion of the system is old, deteriorated and designed with sharp angles in many areas. The lined channels are overall in average to poor condition with a few areas in desperate need of major repair. The earthen channels are in generally poor condition. They have eroded over time with most needing reshaping and grading. Many of the earthen channels are overgrown with weeds and trees. There has been encroachment by adjacent property owners that prevents proper drainage of storm water runoff, inhibits or prohibits maintenance activities, limits access to drainage facilities and prevents the use of equipment in some areas. I AM049D4 - 25 - i f ` }1 1 City of Denton RFP Utility Department Management Study Flooding is minimal in and around the drainage channels when they are not blocked by debris. However, there been several documented cases of localized flooding of private buildings and property from inadequately designed drainage in developments. THE SOLID WASTE SYSTEM The Solid Waste Department provides solid waste collection, disposal and recycling services to residents and businesses of Denton. The Department serves the Denton community in a professional cost effective manner, with a slate of services designed to meet customer expectations and need. Solid Waste Administration The Department's Solid Waste Administration Division provides supervision and administrative support for the Department's Divisions, which include Residential and Commercial solid waste collections, disposal, and recycling. The Division is also responsible for providing secretarial s and clerical support for the Utility Department's Public Information Office. The long-term strategies for the Department include: 1. Continue to support a city-owned and operated landfill for the Denton community; joint ownership of the landfill facility is not supported at this time. 2. Offer the use of the expanded landfill site to outside entities as long as the outside entities follow similar recycling policies as Denton's. 3. Comply with the guiding principals identified in the Solid Waste Master Plan regarding costs, flexibility, economic development, risk, educational opportunities and environmental stewardship. 4. Promote flexibility in recycling facility development in an effort to systematically and cost effectively provide recyclable materials processing to the Denton community, 5. Encourage the development of public education programs to influence customer attitudes and disposal habits over the long term. 6. Implement the first five years of the Solid Waste Master Plan programs with emphasis on the possible benefits of a public/private partnership. 7. Encourage development of commercial recycling activities as a priority recognizing that the largest waste diversion and revenue potential exists with commercial customers. 8. Continue with the timely expansion of the existing 36 acre landfill to the 155 acre site adjacent to this existing site. A"019D4 - 26- a . r City of Denton RFP Utility Department Management Study 9. Continue city-owned and operated solid waste collection services for both residential and commercial customers with oversight and approval by the Public Utility Board. Solid Waste Residential Collection The Residential Collection,; Division provides for the removal of all solid waste from each residential unit in the City. Collection of regular solid waste and unusual accumulations is provided twice weekly while yard waste is collected on Wednesdays only. Appliances and large household items are collected within 72 hours of request. During a typical year, these department will make over 1.6 million regular solid waste collection pickups, over 800,000 yardwaste collection pickups, almost 1,000 appliance collection pickups, and an average of over 15,000 large household item collection pickups. Solid Waste Commercial Collection Commercial Solid Waste provides for the removal of solid waste from all commercial, multi- family, and industrial customers in the City. The Division also provides litter collection services along City right-of-ways. The Division operates three side load container routes and four front load routes. The Division operates three roll off routes collecting compactors and open tops from approximately 90 permanent customers and several hundred temporary customers each month. Although the Division conducts its waste collection activities around the clock, it strives to arrange its collection routes to maximize efficiency while meeting its customers' individual needs. For example, the Division is slowly converting its routes to routes requiring front load as opposed to side load vehicles in order to max:,nize compaction and reduce maintenance costs. It also makes every effort to minimize potential adverse collection impacts on an individual business' hours of operation. Individual drivers are encouraged to analyze service delivery options and alternatives accruing to individual customers on their routes and to inform their supervisors of opportunities to upsize containers. This reduces the number of containers in the field and maximizes route collection tonnages. 5_0id Waste Disposal/Landfill The Solid Waste Disposal Division provides for the operation of the Denton Municipal Landfill. This Division is responsible for the disposal of all solid waste received from City operated collection systems, contract customers and cash customers as well as the supervision of the City's appliance disposal program anj tub grinding operations. The landfill's activities are regulated by the Texas Natural Resources Conservation Commission under the guidelines of the Texas Solid Waste Management Act and related state regulations. The goal of the division is to provide disposal services in such a way as to minimize turnaround time for users, exclude prohibited materials, compact waste thoroughly to conserve space, and comply with all Texas Natural Resource Conservation Commission rules and regulations. Operating hours of the Division are 7 a.m. - 4 p.m., Monday thorough Friday, and 7 a,m. - 3 p.m. on Saturdays. AAA04QD4 - 27 - r a ' t :t City of Denton RFP Utility Department Management Study During FY 1996, the Landfill disposed of over 417,000 cubic yards of solid waste. To accommodate the City's plan to expand the landfill in 1998 by conserving space in the existing landfill, the Division adjusted disposal rates to encourage customers with waste generated outside of Denton to use alternative disposal facilities. The division also manages the Department's rental properties. Solid Waste Reeling The Recycling Division was created in 1994 to administer and operate the City's recycling programs and to properly identify the costs and revenue of existing and proposed recycling activities. The Division's programs consist of four multi-materials public drop off sites, thirteen public newspaper drop off sites, the collection of office paper from municipal facilities, the school district, and Horizon Management and MHMR, the weekly curbside collection of yard waste for the Reclamation Plant's centralized composting, six used oil and oil filter public drop off sites, commercial cardboard collections from both dumpster and compactor customers, and the Cable Swap program. The Recycling Coordinator's activities include the overall administration and management of the Division's programs. Primarily, this includes the planning and execution of expanded recycling services, negotiating commodity prices with vendors, maximizing the programs' publicity in the Denton community, insuring the timely collection and maintenance of the Division's public drop off sites and regular recycling collection routes, soliciting residential and business participation in recycling programs, providing a full range of recycling related information to the community, and maintaining iecyclirg databases regarding collection tonnages, costs, and revenues. FINANCIAL ADMINISTRATION Financial Administration is primarily responsible for the coordination, analysis, planning, preparation, reporting and documentation of financial related activities in the Utility Department. It also provides supervision of the Electric Customer Information Division, which supports the entire utility in the area of public information and education. The Financial Administration function is directly responsible to the Executive Director of Utilities, but is not organized as a separate division for funding purposes. Financial Administration personnel and activities are funded primarily by Electric, Water and Wastewater administration divisions. The financial group consists of one utility Financial Administrator, one Utility Rates Administrator, one Financial Analyst, one Administrative Assistant, one Computer Analyst, and one Administrative Intern. Three are funded by Electric, two by Wastewater and one by Water. Funding special activities (travel, training, etc.) normally depends upon the utility receiving the primary support. &"049P4 - 28 - t 0y of Denton RFP Utility Department Management Study Majot coordination responsibilities include such financial projects as the Five Year Capital Improvements Plan, and annual Operating Budget, which cover all Electric, Water, Wastewater, Solid Waste Departments plus all of Fleet Services except the Motor Pool. Financial Administration is heavily involved in overall financial planning and prepares the five year financial pro forma that supports decisions on long-range financial strategies and goals. This group also provides the primary utility coordination with other city offices involved in financial activities, including accounting, finance, customer service, information services, economic development, etc. In addition, the group provides general financial assistance to personnel at all levels of the utility organization. Financial analysis activities include both recurring and ad hoc programs and projects. The Rates Administrator is responsible for conducting periodic utility rate cost of service and rate design studies for four utilities. Utility rates are designed to accommodate individual retail customer classes, separate and unique wholesale contracts, competitive environments, and other special situations. Many other rate analyses or rate comparison projects or tasks are accomplished to support city, utility and customer needs on a recurring basis. Special analyses are prepared in support of such long range activities as the Solid Waste Master Plan, volume and revenue forecasts, financial impact of various funding options, costs of new plant construction, debt costs, financial ratios, etc. The Financial Analyst position provides overall support in the areas of financial analysis and reporting. This includes analysis and preparation of monthly commodity volume, revenue, expense and net income performance reports for senior utility management and Public Utilities Board. Frequent rate analyses are prepared for the Economic Development office to support city efforts to attract new businesses to Denton, and to assist the customer and utility with billing data or rate options. Analysis and review support is provided to insure quality financial documents such as the CIP and operating budget. Administrative support is also provided for Water, Wastewater and Drainage. The Administrative Assistant position provides general financial and administrative support with primary emphasis on Electric activities. A major task involves CIP and operating budget software development, training, assistance and documentation. This position provides financial and administrative support to Electric personnel in preparing budget documents under both FERC and object code formats, as well as assistance with current year revenue and expense issue. Other major tasks include maintaining a detailed ECA/Supply Side database, documenting Electric off-system sales and revenues, and performing basic analysis of budget and actual revenues and expenses, plus review of the accuracy of financial reports. The Administrative Assistant also provides general administrative support to the Electric Department. The Computer Analyst position provides general assistance in support of financial and administrative programs, with emphasis on computer software applications. Examples include design of CIP and budget summary documents, preparation of graphs and charts for the Annual Report or Public Utility Board presentations, and documentation of various financial activities. AUMN - 29- r City of Dentin RFP Utility Department Management Study This position also provides basic assistance to utility personnel on software used for development of the CIP, budget, vehicle plan, etc. The Intern position, located in Electric Administration, is used to assist in the accomplishment or documentation of various financial or administrative activities. It is often used to support special requirements or projects that occur throughout the utility. FLEET SERVICES Parts & Fuel Division Parts and Fuel Division is responsible for administering a $100,000 voluminous inventory to the Vehicle Maintenance Divisions. This division, working synergistically with the Vehicle Maintenance Division, affects turn-around repair time for customers by promptly locating and retrieving parts. Frequently-used parts for the city's broad range of vehicle and fuel types are stocked. Specialty items are located and acquired within one hour or less, or within a maximum of one day. Our customer's cost for these parts is 15% to 45% below industry standard rates. This organization manages the Service Center fuel facility which dispenses propane, gasoline and diesel for city and span vehicles. For FY-95, 520,775 gallons of fuel were sold: 334,338 gasoline, 170,293 diesel and 16,144 propane; revenues were $505,000. This year it is proNsed to increase fuel by $.06 per gallon to help generate revenues for the scheduled 20- -:-r payback of a new Vehicle Maintenance Facility, Based on FY 95's 520,775 gallons i fuel sold, the increase would generate $31,250 per year. The revised per-gallon price is averaged yearly at less than $1.00 per gallon and remains at an estimated 10% below industry-standard rates. For FY 97, divisions have been instructed to budget $1.05 per gallon of fuel. Projected FY 96- 97 revenues from city sales is $526,402 and $80,000 from Span sales. Span's usage has increased with the addition of two 38-passenger buses received in FY 96. These buses were purchased by the City of Denton with funding from a Public Transportation Federal Grant and will be maintained by Span. Additional buses may be added in the future. These buses will be included on the Equipment Management Inventory System monthly which is sent to Span and itemizes each vehicles' fuel consumption and charges. The City's fuel consumption is combined with their vehicle repairs onto a monthly departmental report sent to each departmental supervisor. The organizational structure is comprised of two office clerical and two r.~rvice maintenance employees. The Fleet Superintendent oversees the organization but is not funded through the Parts and Fuel Budget. AAAC49D4 - 30 - b -Q C Y t~. City of Denton RFP Utility Department Management Study including recycling and landfill, regional and partnership involvements in all utility areas, delivery facilities for electric, water, wastewater and solid waste collection services, etc. shall be included in the general sections applicable to the comparative analysis past of this management study versus this planning section of the general management part of this study. Budgeting review shall examine the process of budget development, approval, implementation and monitoring. This shall include the capital and operating budget processes. Rate development and administration review shall examine the process of developing, implementing and administrating rates for electric, water, wastewater and solid waste utility services. This review should provide a cursory review of the market sensitivity and flexibility of Denton's rates and the comparability of Denton's rates with other similar communities in the area. The Denton staff has a good data base of comparative rates but the consultant shall verify the accuracy of this data base before utilizing or including as part of the study. The consultant shall also review all other management issues that may have a significant affect on the management efficiency or effectiveness of the utility. 2, Comparative AnalyjJ5 - The comparative analysis part of the management study shall examine the selected significant cost component segments of each operating division of the Utility Department. The management study report should include a general section for each of the main utility services of electric, water, wastewater and solid waste plus fleet services. Where appropriate, each of the subunits of the main utility services should also include a general sectiori; example -water production, electric production, wastewater plant, landfill, etc. The comparative analysis of the main utility services and their sub-units shall include, but may not be limited to; Electric Utility - Electric power supply, fuel, power pooling and partnerships, power production, transmission, substations, distribution, engineering, metering, radio services, fiber optic services, and computer/ technical services to internal/external organizations. Water Utility - Raw Water Supply, regional partnerships, treatment, storage and pressure pumping, distribution, engineering, metering and wholesale services. Wastewater Utility - Collection, Pumping Stations, treatment, biosolids management, regional partnerships, wholesale services and stormwaler drainage. "AWN - 4 - i i C I Agenda No. qG-U" Agenda Item ~ . Date G` CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E McKINNEY s DENTON, TEX,4S 75201 (817) 566-8200 9 DFW METRO 434.2529 MEMORANDUM DATE: October 14, 1996 TO: Honorable Mayor and Members ity Council FROM: Ted Benavides, City Manager SUBJECT: FUNDING OF THE DENTON ISPANIC CHAMBER OF COMMERCE Please find attached a letter from Ms. Tomasa Garcia regarding her request for a written explanation regarding the decision to allocate $1,00(1 to the Denton Hispanic Chamber of Commerce, Msr Garcia makes several other requests, and I have attached my response for your review. Also attached is a letter from the Texas Association of Mexican American Chamber of Commerce (TAMACC) regarding the s same issue, and a response from Jon Fortune. Ms. Garcia will be making a presentation to Council at the November 51 meeting that she will request additional funds at that time, and we anticipate I look forward to discussing this item with City Council on November 5, 1996, and receiving further direction at that time. If you have any questions, please advise. Thank you. Mot AWmew AMB2C "Dedicated to Quality Senice" 3 F To: JON FORTUNE SO 2 4 W6 CC: CITY OF DENTON From: TOMASA L GAACIA INANCE Date: September 14, I996 Subject: HOTEL OCCUPANCY TAX ALLOCATION FOR 1996.97 memo THANK YOU FOR FAXING OUR OFFICE THE 1996.97 HOTEL OCCUPANCY TAX ALLOCATION. AT THIS TIME THE DENTON HISPANIC CHAMBER OF COMMERCE IS RESPECTFULLY REQUESTING THE FOLLOWING: ► A WRITTEN EXPLANATION SPECIFYING REASONS USED TO DECIDE THE AMOUNT OF ONE THOUSAND DOLLARS ALLOCATED TO DENTON HCC. ► A WRITTEN EXPLANATION SPECIFYING REASONS WHY THE DENTON LLCC DID NOT RECEIVE THE SAME AMOUNTAS THE BLACK CHAMBER > THAT CITY COUNCIL RECONSIDER ! THIS DECISION AND THAT WE RECEIVE FIVE THOUSAND DOLLARS. ► IF NECESSARY, WE ARE REQUESTING A MEETING WITH THE DECISION MAKER(S) REGARDING THE ALLOCATION OF THESE FUNDS. from & desk of... TOMM L. GANCtA CHAAKIISOAXEO DENTON HISPANK CHAMBER OF COMMERCE 1601 E. MCIINNET,SDITE900 DENTON, TA 16201 81l/383.2901 Fu: 811/382.5681 f i C17Y Of DENTON, TEXAS MUNICIPAL BUILDING 215 E MCKINNEY P DENTON, TEXAS 76201 (817) 566.8200 @ DFW METRO 434.2529 j October 14, 1996 Tomasa Garcia, Chairperson Denton Hispanic Chamber of Commerce 1607 E. McKinney, Suite 900 Denton, TX 76201 Dear Ms. Garcia: Thank you for your letter dated September 14, 1996 to Jon Fortune. In your letter you made four specific requests and I will attempt to address each. Specifically, you ask for, "a written explanation specifying reasons used to decide the amount of one thousand dollars allocated to Denton HCC," and " a written explanation specifying reasons why the Denton HCC did not receive the same amount as the Black Chamber." These are good questions. I can assure you the recommendation as to how much money to allocate to each requesting agency was challenging to develop. As you know the City only had a specific amount to allocate, and the demand for funds was far greater than the supply. It was after careful examination of the Denton HCC's questionnaire for hotel occupancy tax funding, that it was determined Denton HCC's request was deficient in certain areas. Specifically your presentation failed to illustrate that your intended use of hotel occupancy tax funds would make a significant impact to promote tourism and the convention and hotel industry (this is the specific goal as determined by State law). Unfortunately, on the night of presentations to City Council, no one from your organization was available to answer questions or clarify responses in your questionnaire. The decision to allocate $5,000 to the Denton Black Chamber of Commerce and $1,000 to the Denton HCC was determined by responses in each agency's questionnaire regarding their ability to promote tourism. Perhaps in the future the efforts of Denton HCC: to promote tourism will merit additional funding via hotel occupancy tax revenue. For every year that you illustrate how your allocation was used to promote tourism and the convention and hotel industry, you build your case for additional funding. Also, you asked, "that City Council reconsider this decision and that we receive five thousand dollars." Ms. Garcia I'm sorry to inform you that the allocation decision was determined by City Council on September 10, 1996 and formally approved on September 17, 1996. "Dedicated to Qualfq, .Service" rvt. E Letter to Tomasa Garcia October 10, 1996 Page 2 Finally, your letter stated, "if necessary, we are requesting a meeting with the decision maker(s) regarding the allocation of these funds." 1 will forward a copy of your letter to the City Council for discussion at their November 51 council meeting. Thank you for taking time to write and ask your questions. I hope I have provided the information you desired. Please feel free to contact me regarding this matter. Thank you, Sincerely, Ted Benavides, City Manager TB:J AM1325 xc; Mayor and Members of City Council Kathy DuBose, Executive Director of Finance { 'r f - i T A M A C El © 7 September 20, 1996 jet 1996 Mr. Jon Fortune, Chief Finance Officer City of Denton Municipal Building 215 E. McKinney Denton, Texas 76201 Dear Mr. Fortune: We are aware that the Denton Hispanic Chamber of Commerce applied for Hotel Occupancy tax in April 1996. Now that the City of Denton has made its allocations, we are very much concerned about the city's decision to give one chamber $5,000 and another chamber $1,0001 We totally support the Denton Hispanic Chamber of Commerce's request for a written explanation from the City of Denton as to how and why the difference, particularly when there are funds still on reserve! On behalf of the Texas Association of Mexican American Chambers of Commerce (TAMACC), we urge you to reconsider your allocations and give equal amounts to each chamber so that they can promote economic development in your city. TAMACC is very proud to have a Hispanic; chamber in the city of Denton. They have been very active not only in the Denton community but in our organization as well. Through active participation in TAMACC, the Denton Hispanic Chamber has always promoted the City of Denton to our membership consisting of 27 cities throughout Texas. Their involvement in our association includes: TAMACC Convention/Expo; attendance at our quarterly board meetings and providing a delegation for our trade mission to Monterrey, Mexico. These commitments to our association ensure their importance in bringing the City of Denton to the forefront in Texas. Mr. Fortune, we strongly encourage you to reconsider the request made by the Denton Hispanic Chamber of Commerce. we thank you for your consideration in this matter. Sin erely, M ssey Villarreal o in C airman of TAMACC Pres dent \Iatreyviilarnal,OxkmmduxfwdSlllt,,A.Dunn,OxkFkC Patric 1,Plleil.Slwl,VkeC,,tnxma~wuJ&:,u Mw,A.Arredond%Y,aCAUY,.aA'vy jx1l, It WNINNtm C2rirWmnulxoral,)SlaMarleTneingYaOxvP..AddhcrloCAMl&rilla,VmO-,Froox tDcwlap~r LindaRmth,Semary %IarlloxMarllnn At 11 n4 Tres.. IFrnrye,FI11ra,vua am, 1~1da.wn Preai or lets, v;a CAaaud wm c, me Xlaee no, Partuaxm wloe 11. Morin, Krim: Ratan QuInla mills, UJACaw.d T F,XAS ASSOCIATION OF %IEXICAN A11E1ttCAN CIIA%I BY RS OF CONSIF.RCE 121"...0 A•1. lulls 1111, Amon, T,mss mot (11217001123f."112 1 7(1.110a Intr, nel: A II,J'xwv.bmacrnry i! WY of DENTON, TEXAS MUNJCIPAL BUILDING • 215 E. McKINNEY • DENTON, TEXAS 76201 (817) 566.82000 OFW METRO 434.2529 October 14, 1996 Massey Villarreal, Chairman of TAMACC Joe H. Morin, President Texas Association of Mexican American Chambers of Commerce 823 Congress Avenue, Suite 1414 Austin, TX 78701 Dear Sirs: Thank you for your letter received September 27, 1996. In your letter your urged me to provide a written explanation as to how and why the Denton Hispanic Chamber received $1,000 of hotel occupancy tax revenue for 1996-97. 1 have attached a letter to the Denton Hispanic Chamber of Commerce from Ted Benavides, Denton City Manager, regarding this issue. Also, you asked that the City reconsider the request made by the Denton Hispanic Chamber of Commerce to receive additional fund. As stated in the attached memo to the Denton Hispanic Chamber of Commerce, the decision was made by City Council on September 10, 1996 and formally approved on September 17, 1996. This request will be presented to the City Council for discussion at their November 5, 1996 council meeting. If I may provide you any additional information, please contact me. Thank you. Sincerel4eZ elk lo, ForChief Finance Officer 1Faf Anuhm m AF'F01326 xc: Mayor and City Council Ted Benavides, City Manager Kathy DuBose, Executive Director of Finance "Dedicated to Quatio, Senice" F( 4 } { CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 E. WKINNEY" DENTON, TEXAS 7620' (817) 566-8200 v DFW METRO 434.252: October 14, 1996 Tomasa Garcia, Chairperson Denton Hispanic Chamber of Commerce 1607 E. McKinney, Suite 900 Denton, TX 76201 Dear Ms. Garcia: Thank you for your letter dated September 14, 1996 to Jon Fortune. In your letter you made four specific requests and I will attempt to address each. Specifically, you ask for, "a written explanation specifying reasons used to decide the amount of one thousand dollars allocated to Denton HCC," and " a written explanation specifying reasons why the Denton HCC did not receive the same amount as the Black Chamber." These are good questions. I can assure you the recommendation as to how much money to allocate to each requesting agency was challenging to develop. As you know the City only had a specific amount to allocate, and the demand for funds was far greater than the supply. It was after careful examination of the Denton HCC's questionnaire for hotel occupancy tax funding, that it was determined Denton HCC's request was deficient in certain areas. Specifically your presentation failed to illustrate that your intended use of hotel occupancy tax funds would make a significant impact to promote tourism and the convention and hotel industry (this is the specific goal as determined by State law). Unfortunately, on the night of presentations to City Council, no one from your organization was available to answer questions or clarify responses in your questionnaire. The decision to allocate $5,000 to the Denton Black Chamber of Commerce and $1,000 to the Denton HCC was determined by responses in each agency's questionnaire regarding their ability to promote tourism. Perhaps in the future the efforts of Denton HCC to promote tourism will merit additional funding via hotel occupancy tax revenue. For every year that you illustrate how your allocation was used to promote tourism and the convention and hotel industry, you build your case for additional funding. Also, you asked, "that City Council reconsider this decision and that we receive five thousand dollars." Ms. Garcia I'm sorry to inform you that the allocation decision was determined by City Council on September 10, 1996 and formally approved on September 17, 1996. "Dedicated to Quality Sen•ice" r a 0 F i Letter to Tomasa Garcia October 10, 1996 Page 2 Finally, your letter stated, "if necessary, we are requesting a meeting with the decision maker(s) regarding the allocation of these funds." I will forward a copy of your letter to the City Council for discussion at their November 5`" council meeting. Thank you for taking time to write and ask your questions. I hope I have provided the information you desired. Please feel free to contact me regarding this matter. Thank you. Sincerely, Ted Benavides, City Manager TB at AFF01323 xc: Mayor and Members of City Council Kathy DuBose, Executive Director of Finance s E ,1+3uh®EA.FES Agenda No, 96-416- Agenda hero Date. 'q RESOLUTION NO. A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE DENTON HISPANIC CHAMBER OF COMMERCE FOR HOTEL OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That, in accordance with Tex. 'Fax Code Ann. §351.101(c), the City Council of the city of Denton hereby approves the budget of Denton Hispanic Chamber of Commerce for hotel occupancy tax funds, a copy of which is attached hereto, pursuant to the Agreement between the City and Denton Hispanic Chamber of Commerce. SECTION II. That Denton Hispanic Chamber of Commerce shall make periodic reports to the City Council at least quarterly listing all expenditures made with hotel occupancy tax funds. 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 WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Tomasa L. Garcia 8173825681 10/24/1996 02:35:30 PM P.2 Project Cost Analysis,HOTEL TAX OCCUPANCY TAX REVENUE FOR 1996.97_ CITY OF DENTON nic Chamber of Commerce NNEYST., SUITE 900 76201 L$17/3824601 5681 9% Estimated Costs Athndance at TAMACC Quarterly Be" Mistin g November 22-21,1996 S12S.00 x 2 directors 1250..00 Attendance at TAMACC Quarterly Board Meeting March, 1997 1125.00 x 2 directors $250,00 Attendance at TAMACC State Convention July, 1997 (3dq convention) $250 x 2 directors (registration) SS00.00 Total RESPECTFULLY SUBMITTED BY. TOMASA L GARCIA, M.ED. $1000.00 CHAIRPERSON,/CEO, DENTON HISPANIC CHAMBER Of COMMERCE OCTOBER21, 1996 ) Agenda No. Agenda Item i ' CITY OF DENTON TEXAS CITYHAlt WEST 221 N, ELM . DENTON, TDAS 76201.61 W-m a DFW METRO 434.2529 Annfng and Development Department CITY COUNCIL REPORT TO: Mayor and Members of City Council FROM: Ted Benavides, City Manager DATE: November 5, 1996 SUBJECT: Consider approval of an annexation schedule with regard to the proposed annexation of 11.40 acres located south of Robinson Road and east of Nowlin Road.(A-74) RECOMMENDATION: Staff recommends approval. SUMMARY: The owners of the tract, Timberglen Company petitioned the City to annex the property into the City limits of Denton. The 11.40 acre tract is located south of Robinson Road and east of Nowlin Road, being a tract of land in the Berry Merchant Survey, Abstract 4800 and shown on site map (attachment fl). The Timberglen Company has also petitioned the City for the zoning of the tract to residential single family "SF-7" zoning district classification upon the completion of the annexation process. In accordance with the annexation schedule included in attachment #2, City Council will consider adoption of the an annexation ordinance on January 7, 1997 (First reading) and finally on February 18, 1997. City Charter requires at least six out of seven votes for adoption of the annexation ordinance. BACKCRO ND: City Council received a report with regard to the proposed annexation on October 22, 1996 and directed staff to proceed. 1 "Dedicated to Quality &rvice" 5 Y r F r. PROGRAMS DFPARTIVIFNT OR ROUPS AFFFCTED All city service departments including Police, Fire and EMS, Engineering, Utilities, Solid Waste, Parks and Recreation, Library, Planning and Development, Animal Control and Environmental Health. FISCAL IMPACT: There is no additional cost to the City at least in the five to ten year time frame, as infrastructure needs will be addressed by the developer and City departments will extend services using existing budget resources. The tract has a current appraised value of $34,650 allowing for an estimated $183 of tax revenue per year if no development occurs. Another fiscal impact calculation using the per capita method, shows that the City will collect a total of $79,656 in tax revenues and expend $62,205 for municipal services with a net gain of $17,451 over a ten year period 1998-2007 if development is implemented as planned.. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: Harry N. ersaud, MRTPJ, AICP Senior Planner Appr by: Frank H. Robbins ICP Director, Plannin and Development ATIACHMIENTv. (1) Site map (2) Annexation schedule (3) Annexation process (4) Map showing existing water and sewer lines 2 S V F MAP SHOWING EXISTING ATTACHMENT 1 WATER AND SEWER LINES $ewer no f . er line Er - ETJ ~ V c 3. j4 Y 7 r ti. ATTACHMENT 2 AT10N SCHEDULE- Aga October 22, 1996 City Council receives a report and give direction to staff with regard to the proposed annexation. November 5, 1996 City Council considers approval of a schedule for public hearings. November 22, 1996 Notice published in Denton Record Chronicle for first public hearing. Service plan is prepared. December 3, 1996 City Council holds first public hearing. December 6, 1996 Notice published in Denton Record Chronicle for second public hearing. December 11, 1996 Planning and Zoning Commission holds a public hearing and consider making a recommendation to the City Council with regard to the proposed annexation. December 17, 1996 City Council holds second public hearing. January 7,1997 City Council institutes annexation. First Reading of annexation ordinance. January 10, 1996 Publication of Annexation ordinance in Denton Record Chronicle. February 18, 1997 Final action by City Council. Second reading and adoption of the annexation ordinance. Meetings in bold require 6 out of 7 votes at City Council r ATTACHMENT 3 ANNEXATION PROCESS Mnexadon petition is filed or City CounaT directs staff to conduct an annexation study City Council receives annexation study and determine whether to proceed with annexation, Council sets date, time and place for public hearing. Staff inform proptxty owners about the proposed annexation. Nods of first public hearing Is published in the Denton Record Chronicle More than 10 days City Council holds first public hearing. The date of the hearing must but -ka than be more than 10 days but not more than 20 days after the 20 days publication date. Notice of second public hearing Is published In the Denton Record Chronicle-. More than 10 days l es than but I= than 40 days City Council holds second public hearing. The date of the hearing 20 days must be more than 10 days but not more than 20 days after the publication date. planning and Zoning Commission considers annexation (and Move than zoning, If processes are combined) and makes a recommendation to 20 days the Cry Council. City Council by a four-fifths vote institutes annexation proceedings. Ibis action must be conducted not later than 40 days after the lust public hearing and more than 20 days after the second public heating. Annexation Ordinance (eapdon) Is published in the Denton Record fen than more than Chronicle. 90 days 30 days City Council takes final action by a four-fifths vote to adopt the annexation ordinance, after 30 days of the publication of the ordinance, but trot later than 90 days after the ustitudon of annexation proceedings, a certified copy of the annexation ordinance with =seMce and legal description is sent t o all City Service DepOffices, State ComptrolleOffce eta(See list in aThe Denton County Appraisal District tax roll is checked to ensure that the newly annexed area is accurately;ncluded. Page .S ATTACHMENT Q aF1y ifi,St~ Proposed Annexation A-74 s ET pn city- units I A-7 4 SITE City of Corint J ET) ot strip in ci li its -J _ (Xj T1 f, <----~Ufdot-s`tripi i limit' - Nor City of Denton. = J 3 Agenda No.~ Agenda Item Date CITY OFDENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 a TELEPHONE 817-566-8309 Office of the City Secretary MEMORANDUM DATE: October 28, 1996 TO: Mayor and Members of the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies/nominations: Plumbing and Mechanical Code Board - Robert Courtney has resigned. Although this is a nomination of a mechanical engineer for Mayor Miller, the Code of ordinances does indicate "to the extent that persons are available within this city". Building Code Board - Mayor Pro Tem Brock has nominated Alan Nelson. Building Code Board - Steve Kniatt has resigned. This is a nomination for council Member Beasley. Keep Denton Beautiful - Frenchy Rheault has resigned. This is a nomination for Council Member Krueger. Library Board - La Kisha Cravens has resigned. This is a nomination for Council Member Young. If you require any further information, please let me know. . Je er Walt Ci Secretar ACCOOOF4 "Dedicated to Quality Service" a F OCT-09-1996 08:46 CITY OF DENTON PLANNING P.02102 AmIref J. "Freileft" r4heaart Teresa L "Teri" tl wmft I4 4 #74m Swesp ce • 3010WUM after Suits C-1 oust, 1 V TOJW 7820a•i 47 (137) !ei•7N0 ■elpef (017) 3074104 Offto (817) 3824MM Fax A N _r...lr ......+.JY_._r._.......~.- r.. _.IrL.V.. ~.L...YL Y'.'.!~'1/'. ....Y Cecile Carson Keep Denton Beautiful P.O. Box 374 Denton, TX 76202-0374 October 8, 1996 Dear Cecile, I regret that 1 must resign from the Keep Denton Beautiful (KDR) Board of Di- rectors effective immediately. Business demands and time constraints are such that 1 cannot give my commitments to KDB the attention it deserves. I must also ask that someone else be found to change the yard of the month signs. I have always been and will continue to be a supporter of this program, but with 20 employees to oversee all over town [just don't have the time to be actively in- volved at this time. Sincerely, ~ I I J 6Frenchy Rheault, Own Crenohy's Lawn & Tree Service " We don't just mow lewns...... We take cafe of people" TMrCA 0 p~