HomeMy WebLinkAbout12-03-1996 S
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CITY COUNCIL AGENDA PACKET
December 3, 1996
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AGENDA
CITY OF DENTON CITY COUNCIL Apindi ]ism
Dale - 2 3 96 '
December 3, 1996
Closed Meeting of the City of Benton City Council on Tuesday, December 3, 1996 at 5:45 p.m.
in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the
following items will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED
MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY
PERMISSIBLE.
1. Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Discussion of settlement claim of William and April Cox.
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074
Regular Meeting of the City of Denton pity Council on Tuesday, December 3, 1996 at 7:00
p.m. in the Council Chambers of City lull, 215 E. McKinney, Denton, Texas at which the
following items will be considered:
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
2. Cor,,Aer approval of the minutes of September 10 and 17, 1996.
PUBLIC HEARING
3. Hold a public hewing and give staff direction regarding the proposed annexation of 11.24
acres located s.;,jth of RoNtison Road and cast of Nowlin Road. (A-74)
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4. Exaction variance of Section 34-114 (17) requiring sidewalks for the Oakmont II
Subdivision, The subject property is in a Single Family 7 Conditioned (SF-7[c]) zoning
district and is located on the north side of Robinson Road, approximately 400 feet west
of State School Road. (The Planning and Zoning Commission recommends approval 5-
0.)
5. Exaction variances to Sections 34-124(e) pertaining to drainage design standards; Section
34-116(e) pertaining to fire flow; and Section 34-116(c) pertaining to fire hydrants. This
53.17 acre tract is approximately 950 feet south of Milam Road, east of Interstate 35.
The property is located in Division 1 of the City of Denton's extraterritorial jurisdiction.
(Milam Creek Ranch, Phase 2) (The Planning and Zoning Commission recommends
approval 5-0.)
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City of Denton City Council Agenda
December 3, 1996
Page 2
CONSENT AGENDA 6-
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of the Staff recommendations. Approval of the Consent Agenda authorizes the City
Manager or his designee to implement each item in accordance with the Staff recommendations.
The City Council has received background information and has had an opportunity to raise
questions regarding these items prior to consideration,
Listed below are bids and purchase orders to be approved for payment under the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda items 6-8). 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. If no items are pulled,
Consent Agenda Items 6-8 below will be approved with one motion. A citizen may not speak
or fill out a "request 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.
6. Ordinance accepting competitive bids and awarding a contract for purchase of materials,
equipment, supplies or services. (Bid #1963 - 69 KV Circuit Breakers)
7. 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. (P.O. #70850 - Denton
Central Appraisal; P.O. #71410 - Metron-Farrier)
8. Ordinance awarding a contract for the purchase of materials, equipment, supplies or
services by the State Purchasing General Service Commission. (P.O. #71445 - TAS of
Denton; P.O. #71446 - Gray's Wholesale Tire)
ITEMS FOR INDIVIDUAL CONSIDERATION
9. Ordinance altering the prima facie mN?-d limits established for vehicles under the
provisions of Section 545.356 of the Transportation Code V.T.C.A., upon Highway No.
2181 or parts thereof, within the incorporated limits of the City of Denton; providing for
a penalty not to exceed two hundred dollars; providing for a severability clause; and
providing for a repealing clause. (The Traffic Safety Commission recommends
approval.)
10. Ordinance designating and establishing school safety speed zones; reducing the maximum
prima facie speed limit for said school safety speed zones to speeds found to be
reasonable and safe by the Engineering and Traffic Department investigations for the
designated hours; providing a penalty of a fine not to exceed two hundred dollars;
providing a st,terability clause; and providing for publication. (This affects Sam Houston
Elementary, Selwyn School and the Immaculate Conception School.)
11. Ordinance designating two parking spaces in the 100 block of Fry Street as restricted
parking for police vehicles only; providing a savings clause; providing a severability
clause; and providing for a penalty not to exceed two hundred dollars.
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December 3, 1996
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12. Ordinance authorizing the City Manager to execute a contract between the City of Denton
and RMI to develop, issue and coordinate an analysis of an RFP for power supply
options for Denton.
13. Ordinance authorizing the City Manager to execute any and all documents necessary and
incident to the City of Denton Electric Utility becoming a member of Electric America
Services Company, Inc.; authorizing the expenditure of funds for the purpose of payment
by the City for annual dues to Energy America Services Company, Inc.; authorizing the
appointment of the representative of the City of Denton, Texas to Energy American
Services Company, Inc.
14. Ordinance approving the settlement of the claim of William and April Cox.
15. Nominations/appointments to Boards and Commissions
16. Vision Update
17. Miscellaneous matters from the City .Manager.
18. Official Action on Closed Meeting Items:
A. Legal Matters
B. Real Estate
C. Personnel
D. Board Appointments
19. New Business
This item provides a section for Council Members to suggest items for future agendas.
20. Possible Continuation of Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
B. Real Estate Under TEX. GOV'T CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOV'T CODE Sec. 551.074
CERTIFICATE
I certify that the above notice of meeting was posted on the bulletin board at the City Hall of
the City of Denton, Texas, on the day of 1996 at
(a.m.) (p.m.) o'clock
CITY SECRETARY
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December 3, 1996
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NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
ACCORDANCE WITH THE. AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
SECRETARY'S OFFICE AT 566-8305 OR USE TELECOMMUNICATIONS
DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT
A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
ACCO0350
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Agenda No.
CITY OF DENTON CITY COUNCIL MINUTES Agenda /Item
September 10, 1996 Date
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The Council convened into a Closed Meeting on Tuesday, September
10, 1996 at 5:15 p.m. in the Civil Defense Room of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consulted with attorney regarding status and
strategies regarding RPS/Weber & Barnes v City,
and considered mediation or settlement.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
The Council convened into a Special Called Meeting on Tuesday,
September 10, 1996 at 6:00 p.m. in the Council Chambers of City
Hall.
PRESENT: Mayor Miller; Mayor Pro Tem. Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council considered adoption of an ordinance of the City of
Denton, Texas annexing a tract comprising 29.115 acres, located
approximately 2,000 feet east of Geesling Road and north of Blagg
Road; temporarily classifying the annexed property as "A",
Agricultural district. (First Reading) (The Planning and Zoning
Commission recommended approval 7-0.)
Mayor Miller introduced both Items 1. and 2.
Frank Robbins, Director of Planning and Development, stated that
the Planning and Zoning commission reviewed these proposed
annexations and recommended them for approval.
The following ordinances were considered;
AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 29.115 ACRES, LOCATED APPROXIMATELY 21000 FEET EAST
OF GEESLING ROAD AND NORTH OF BLAGG ROAD; TEMPORARILY
CLASSIFYING THE ANNEXED PROPERTY AS "Alto AGRICULTURAL
DISTRICT; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF
$2,000.00 FOR VIOLATIONS THEREOF; AND DECLARING AN EFFECTIVE
DATE.
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AN ORDINANCE OF THE CITY OF DENTON, TEXAS ANNEXING A TRACT
COMPRISING 96.78 ACRES LOCATED NORTH OF MINGO RO.iD AND WEST OF
COOPER CREEK ROAD; TEMPORARILY CLASSIFYING THE ANNEXED
PROPERTY AS "A", AGRICULTURAL DISTRICT; PROVIDING FOR A
PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS
THEREOF; AND DECLARING AN EFFECTIVE DATE.
Young motioned, Beasley seconded to approve both ordinances. on
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
2. The Council considered adoption of an ordinance of the City of
Denton, Texas annexing a tract comprising 96.78 acres, located
north of Mingo Road and west of Cooper Creek Road; temporarily
classifying the annexed property as "A" Agricultural district.
(First Reading) (The Planning and Zoning Commission recommended
approval 7-0.)
This item was considered with Item 11.
3. The Council considered approval of a resolution authorizing a
management study for the City of Denton (a) utility system and (b)
general government.
City Manager Benavides stated that Council had been briefed on both
items and had requested the items on an agenda for formal
consideration.
Steve Bartlett stated that he represented a private company which
was engaged in contract operations of water and wastewater systems
throughout the United States. He supported the study and in
particular, the study for the utility system. The company he
represented would be ready to help the City with this study.
Contract operations was not privatization. The City would still
own the assets under contract management and would set all of the
policies. The City would contract with a private firm to operate
on a limited term contract, meeting the city's terms and
conditions, standards and requirements. Other cities had
discovered that the benefits were considerable. The environmental
standards would be set by the City and guaranteed to be met. Those
standards could be the same or could be higher. The costs would be
significantly lower with the same high standards.
Council Member Young asked about a tour of the facilities in
Oklahoma operated by Bartlett's company.
Council Member Biles stated that it was his request of staff to
return with information on the general government study as he felt
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it would provide valuable information for the new City Manager.
The utility study was c.4mpelled by the City Charter and there was
a need to address it and provide for it in this year's budget. He
felt it would be more prudent to wait with the general government
study. Move forward with the utility study but wait with the
general government study.
The following resolution wan considered:
NO. R96-042
A RESOLUTION DIRECTING STAFF TO DEVELOP A REQUEST FOR
PROPOSALS TO PERFORM A MANAGEMENT STUDY FOR THE UTILITY
DEPARTMENTS AND ESTABLISHING SCHEDULES THEREFORE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Council Member Biles motioned that Council move forward with the
utility study and the required funding.
Mayor Miller asked if that motion would be to approve the
resolution with the elimination of Section B.
Council Member Biles stated that the motion would be to amend the
resolution to delete references to the general government
departments, Part B and Section 2.
Council Member Cott seconded the motion.
Council Member Young asked if the utility study would include both
electric and water in the same study or separate studies.
City Manager Benavides stated that they would be together including
solid waste which was added by the Public Utilities Board.
Council Member Young asked how long the study would be and how much
would it cost.
City Manager Benavides stated that the study would cost
approximately $200,000 and would be completed around June or July.
Council would be briefed on the parameters of the study, the
selection of the consultants and receive progress reports for the
Public Utilities Board and Council.
Council Member Young asked if the study would be faster and cheaper
if done in sections rather than together.
City Manager Benavides stated that he would prefer to keep the
sections together as it would provide a better perspective as a
whole.
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Mayor Miller stated that the study would involve such issues as to
the most efficient methods for the utility system.
Council Member Krueger asked why the process was waiting until
November to start. Could the time line be advanced.
City Manager Benavides stated that it was important to look at the
scope of work which had to be done. The city would have to go out
for requests for proposals. The Public Utilities Board needed to
look at the process. It was important to be sure that all areas
would be covered. He would rather spend the time in the beginning
to get the process started correctly rather than have to review the
procedure later in the process.
Council Member Krueger stated that since this study had not been
done in several years, the amount of allocation seemed vague. A
cost was mentioned between $150-200,000 for the study. The DISD
had a similar study which was much less but seemed to do as much.
The City seemed to be overrun with consultants and the cost for
those services. There might be a need to trim down the study to
look at exactly what the Charter called for and do what the Charter
required.
City Manager Benavides felt there was a need to make the $200,000
investment so as to have an outside objective opinion on the
system. If the amount o.t money for the consultant was reduced,
staff would have to be ,julled from their regular duties to help
with the study ar.d would not be providing services to citizens.
Council Member HFasley agreed that she did not like consultant fees
but in this case, the City Charter mandated a comprehensive review
of the entire utility system and felt it was money well worth
investing. At the end of the review the Council would be able to
make decisions regarding the utility system.
Council Member Cott asked for a review of what was going to be
studied.
Bob Nelson, Executive Director for Utilities, stated that the study
would look such items as the organizational structure of the
system, support services, a comparison of other cities and their
systems, and a look at each department for functions, etc.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"nay", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried with a 6-1 vote.
4. The council considered approval of an ordinance of the City of
Denton, Texas approving and authorizing the City Manager to execute
a compromise, settlement release of all claims in the matter of
Cohagen et. al. v. City of Denton. Texas: authorizing payment of
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$21,805.50 to the plaintiffs to consummate the settlement.
The following ordinance was considered:
' NO. 96-191
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING AND
AUTHORIZING THE CITY MANAGER TO EXECUTE A COMPROMISE,
SETTLEMENT AND RELEASE OF ALL CLAIMS IN THE MATTER OF COHAGEN.
ET AL V. CITY OF DENTON TEXAS; AUTHORIZING PAYMENT OF
$21,805.50 TO THE PLAINTIFFS TO CONSUMMATE THE SETTLEMENT; AND
DECLARING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roil
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger '$aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
Following the completion of the Special Called Session, the council
convened into a Work session at which the following items were
considered:
1. The Council received an update from Lila Knight, Newlan-Knight
and Associates regarding the City's cultural resources inventory.
Ralph Newlan, Newlan-Knight and Associates, stated that the
documentation provided by his firm had already been used
extensively in the Vision Project. There were five goals and
objectives for the project. Identification of resources,
regulatory process such as how to update the City's historical
zoning ordinances, education regarding historical structures, the
regulatory aspect and the advisory capacity. The study recommended
two historic districts. One was a national register historic
district in the Courthouse Square area and the other was the
College Street school district.
Council Member Young asked if the study was done on the Fred Moore
House.
Newlan stated that there was a recommendation that those homes
moved from Quaker Town should be recognized. There were still 4-5
homes which still had enough integrity to promote historic
designation. There ware several designations which could be
provided such as a national register, state programs and a local
designation. There were several ways to recognize a specific
property.
Mayor Pro Tem Brock asked how many properties were examined.
Newlan stated that there was an unusually high number of properties
for the size of Denton as 2,409 properties were studied.
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Council Member Biles asked about the distinction between a historic
district and a conservation district.
Newlan stated that part of the difference was dealing with State
agencies and local agencies and staff. There were many options for
citizens to use to receive a historical designation.
2. The Council received a report, held a discussion and gave
staff direction regarding a proposed resolution supporting
legislation to return five cents of every lottery sales dollar to
the City of Denton.
Joseph Portugal, Assistant to the City Manager, stated that
Commissioner Kirk Wilson, representing the Denton County
Commissioners Court, asked the City to consider drafting a
resolution of support to legislation concerning the Texas lottery.
The proposal would return 5 cents for every lottery sales tax
dollar to the jurisdiction where the sale occurred. It had been
determined that there was $34.4 million worth of sales relating to
the lottery and Denton County's portion would have been $1.7
million. Council approval to draft a resolution of support would
support Senator Haywood's efforts in the Legislature. The County
Commissioners had passed their resolution on August 6, 1996.
Brock motioned, Young seconded to direct staff to bring back a
resolution for Council consideration. On roll vote, Beasley "aye",
Brock "aye", Cott "aye", Krueger "aye,', Young "aye", Biles "aye",
and Mayor Miller "aye". Motion carried unanimously.
3. The Council received a report, held a discussion and gave
staff direction regarding a proposal to study the City's Customer
Information and Utility Billing System.
Harlan Jefferson, Director of Fiscal Operations, stated that over
the past several years, the Customer Service Department had been
working diligently to try and increase the satisfaction of the
utility customer. This had been done by increasing convenience,
availability and equity of customers. Customers could now request
service, disconnect service and request payment extensions over the
phone. Additional payment options had been included such as
payment with credit cards and the addition of the City Hall in the
Mall office. Even with these changes, it was felt that the
Customer Service Department might not be in the position to meet
the future needs of internal and external customers. It was felt
that an evaluation of the current utility billing system as well
the customer information system was needed. Bids were let in June
with two responses received. There would be two phases for this
proposal. A strategic technology planning session was done in
phase one last year. Phase two would include an evaluation of the
customer information system and identify whether to partner with
someone else to provide the service, outsource the service, or
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upgrade the current utility billing system. Only the first phase
was recommended at this time.
Biles motioned, Young seconded to direct staff to proceed. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye". Biles "aye", and Mayor Miller "aye". Motion carried
u,ianimously.
4. The council received and considered information on the 1996-97
fiscal year budget and gave staff direction.
Kathy Dubose, Executive Director for Finance, reviewed information
provided Council in the agenda back-up materials. Tab 17 provided
information regarding the Solid Waste Division. The use of
reserves was not included in the :.uaget presentation. There were
two reserves set aside - one for rate stabilization and the other
for dumpster reserve. Tab 18, regarding the sales tax numbers,
indicated $197,000 more was received than anticipated for the
month. That figure would provide more flexibility in the budget
discussions. Tab 19 updated the budget balancing sheet to include
the new sales tax figure.
Council Member Cott asked for an explanation on each of the one-
time source expenditures.
DuBose stated that one of the ways a one-time source was identified
was to look at an estimate of what would be the revenues and
expenditures for the current year. If the expenditures were under
budget or if the revenue came in over budget, that amount would go
to the fund balance. Because the Council had decided to keep the
fund balance at 30%, the amount over and above the 15% fund balance
was proposed for a one-time resource of funding.
Council Member Young asked if the Phoenix Park expansion was a part
of the one-time expenditures.
Dubose stated that that item was lister' as a possible project for
the one-time expenditures. one other option which the City Manager
was recommending was to reduce the ad valorem tax rate an
additional one-fourth cent. Tab 20 indicated possible one-time
sources and updated figures. Possible projects included a new
Civic Center bridge for $100,000; the Phoenix Park expansion for
$25,000; Civic Center Park Master Plan for $40,000; City Hall
furniture for $50,000; City Hall Courtyard Walkway for $38,000;
City Hall Courtyard Awning for $39,000; Scott Street right-of-way
of which $30,000 would be for the purchase of right-of-way and
construction for $103,000; Management Study-General Government for
$150,000; Economic Development Corporation requested funding for
$82,000; and replacement of two bridges on Jim Christal Road for
$49,000.
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Council continued with the budget balancing which was started at a
prior meeting.
7. Other Agency contributions - the recommendation was for
$166,000 which was a 9% increase over the prior year.
Consensus of the Council was to proceed with the recommended
funding.
8. Tax Exemption for Persons Over 65 - the recommendation was to
increase the exemption by $1,000 to $24,000 for persons over 65
years of age.
Council Member Cott stated that younger citizens had indicated that
this exemption was not fair and he would not be voting in favor of
increasing the exemption.
Mayor Pro Tem Brock asked how much this affecteO the budget.
DuBose replied that the total cost in taxes was $15,000.
Mayor Pro Tem Brock did not feel that age alone was enough to
justify a tax break. She would agree with this increase because of
a promise made by a previous Council.
Consensus of the Council was to proceed with the recommended
increase.
9. Vehicles - the proposed budget contained $345,000 for vehicles
of which $171,000 was a one-time funding source. The balance would
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be on-going in which money would be seLt aside for future
replacements.
Consensus of the Council was to proceed as proposed.
10. Long Range Technology Plan - the proposed budget included
$153,000 for the first phase of this plan. Total costs would
include an additional $134,000 allocated in the utility funds.
Consensus of the Council was to proceed with the recommendation.
11. City Hall in the Mali - included in the proposed budget was
funding for utilities for this space, three part-time customer
service representatives to cover extended hours and a part-time
computer operator position.
Council Member Beasley felt that the program was a good idea but
was concerned about adding new people to the program. She was
concerned that employees at City Hall would not have enough to do
with the increase business taking place at the Mall office and
suggested staff continue to look at the hours during the next year.
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DuBose stated that staff would continue to track the activity both
at City Hall and at the mall.
Council Member Krueger expressed concern about the expansion of the
program. He did feel that someone would go the Mall to pay his
bill at 9:00 p.m. or even at 10:00 a.m.
City Manager Benavides stated that the City suffered from bad press
when the Mall office was closed when other stores were open. He
felt it was important to continue this service in order to provide
better service to the community.
Council Member Krueger stated that this would be a reoccurring
cost.
Mayor Pro Tem Brock stated that this was a project which the City
wanted to do for a number of years. It was not a project which
necessarily paid for itself but many citizens appreciated the
availability of the service.
DuBose stated that the $64,OOD was being funded from the Utility
System.
Consensus of the Council was to proceed with the recommendation.
12. Main Street - consideration of this item was held until
discussion of the Lalor funds.
13. Facilities - $568,000 was proposed in the budget for one-time
building renovations, repairs, and upgrades.
Council Member Biles asked about the cost of relocating Customer
Service to the Denton Municipal Complex.
Bruce Hennington, Facilities Manager, stated that Phase Two of the
renovation had been funded through the bond proposal. That would
move Customer Service to the Complex. The proposed $179,000 would
supplement the bond funds to complete phase two.
Council Member Young asked if parking would be adequate at the
Municipal Complex for Customer Service.
Hennington stated that there should be adequate parking for
citizens using Customer Service, There would be at least 100
parking spaces designated as customer parking.
Council Member Cott felt that there was a critical parking problem
at the new South Branch Library.
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Hennington stated that that was a project included in this
proposal. Twenty one new spaces would be added to the parking at
the Branch.
Consensus of the Council was to proceed with the recommendation.
14. SPAN - there had been a reduction in federal funding for SPAN
and the proposed budget reflected that reduction. Steps taken in
regards to this reduction included a redesign of the existing fixed
route system, requiring SPAN to consider alternatives to focus on
eliminating fixed route and demand services at different intervals
during the day and transferred capital and planning funds from
previous federal grants that were still open to meet the cost of
operation in the 1996-97 grant year.
Consensus of the Council was to proceed as indicated.
15. Other Services - included in the budget was an Attorney who
would be dedicated to utility purposes and would be funded through
a utilities transfer. A part-time clerk was also recor^mended for
the City Manager's Office,
Consensus of the Council was to proceed with the positions.
DuBose stated that there was also funding included for work force
diversity. The Work Force Diversity Committee made recommendations
to enhance the recruitment program, incorporate a "train the
trainer" program and a community luncheon.
Mayor Miller stated that the net cost for those projects would be
$93,050 which was included in the budget.
Consensus of the Council was to proceed with the proposal.
DuBose discussed the recommendation for the Lalor funding. There
were some recipients which were under a two year contract of which
next year would be the second year of that two year period. There
were other agencies which had a one-time lump sum allocation. One
item of consideration was the position of the Denton Main Street
Association. There was an original request of $30,000 to be used
to fund the Assistant Director's position. The City Manager's
recommendation was to take $17,000 out of the Lalor funds and the
balance from General Government. Council Member Krueger had a
recommendation to fund 100% of the Main Street Association in the
General Fund and associated percentages.
Council Member Krueger that his proposal was to give incentives to
organizations and not have caps. The use of percentages was an
opportunity for growth for each entity competing for funds. They
would strive over and above what they received from the Lalor
funds. He felt Main Street should be funded out of General Fund.
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The Lalor funds should be distributed to the other groups.
Krueger motioned, Young seconded that the Council adopt the funding
percentages he had suggested.
Council Member Beasley stated that she did not support the
percentage recommendation proposed toy Council Member Krueger.
There would be no incentive as there was only a one year contract
and the next year the percentages would lock the amount available.
She supported the one time funding versus the percentages. She
suggested having the funded groups supply the Council with
information on how the funds were spent, programs done and justify
tho money given. she suggested not funding the full $30,000 for
Main Street as all of the projects done were not for tourism which
was the intent of the hotel/motel tax. Part of what Main Street
did was to promote the Downtown area and Main Street. She was in
favor of funding the $17,000 and the remainder out of the General
Fund.
Council Member Krueger stated that all of the organizations which
were proposed to receive money this year also received money last
year except the Hispanic Chamber of Commerce. One of his original
suggestions was to have two year contracts and alternate them
between the original five organizations and the six other
organizations. The reason for the Lalor fund was to promote
tourism. If the percentages were used, once a certain production
level was reached, the percentage would be cut back which would
provide more percentages to expand the program. The percentages
allowed for an incentive for the organizations.
Mayor Miller stated that funding on a by case by case basis
provided an opportunity to increase funding in future years. That
could not be done on a percentage basis.
Council Member Krueger stated that his formula still allowed for a
reserve and maintained funding in areas. There was a need for a
better system of tracking for the disbursement of funds and a need
for some type of accountability for the amount of funding given to
the organizations.
On roll vote to fund the organizations as recommended by Council
Member Krueger, Beasley "nay", Brock "nay", Cott "nay", Krueger
"aye", Young "aye", Biles "nay", and Mayor Miller "nay". Motion
failed with a 2-5 vote.
Beasley motioned to accept the Manager's recommendation. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
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September 10, 1996
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Mayor Miller stated that Council needed to consider the on-going
proposals for the budget.
DuBose stated that the first proposal was for Main street and
Council had just recommended to fund the additional $13,000 from
General Fund resources. There was a recommendation to increase the
Animal Control officers by two, to expand services to include
officers on duty from 5:00-9:00 p.m. which would help reduce
overtime pay for the officers.
Council Member Beasley asked if the additional officers would be
able to work weekend hours.
Noni Kull, Animal Control/Consumer Health Manager, stated that at
this point in time the schedules were not set as the Department had
never had this number of officers. Extending hours was a proposal
they would be looking at after the additional officers were
approved.
Council Member Beasley stated that she had received complaints
about people having animals in parks on the weekends and she would
like to find a solution to that problem.
Consensus of the Council was to include the dollars for the Animal
control officers.
DuBose stated that the balance of the remaining dollars could be
used for a 1/4 cent reduction of the ad valorem tax rate.
Mayor Miller stated that the current tax rated was $.5409, the
proposed tax rate was $.309 and with the additional quarter cent
would be $.5284.
Council Member Krueger asked if that was pending September's tax.
DuBose stated no that this budget would have to be balanced at this
meeting as it had to be adopted by next week per the City Charter.
Council Member Krueger asked what would happen when September came
in and it was still over.
DuBose stated that the council could deal with it in the next
budget cycle.
Consensus of Council was to reduce the ad valorem tax by an
additional 1/4 cent.
DuBose stated that with the balancing, the budget was still $746
short of what was needed to balance. Council considered the one-
time expenditures. The first item was a new Civic Center Bridge
for $100,000.
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Council Member Krueger asked if the new bridge would be like the
one behind the Library.
DuBose stated that it would be a lot wide bridge across the channel
at the Civic Center Park and the relocating of utilities on the
existing bridge.
Rick Svehla, Deputy City Manager, stated that it would be a new
bridge as the existing bridge was only V wide. The new bridge
would be wider and because of the flood plain, it would have to be
longer. The utilities would have to be relocated which were
currently under the bridge.
Council Member Biles stated that the bridge had been a subject of
discussion for many years. It was very hard for an individual in
a wheelchair to cross the bridge.
Council Member Beasley felt that the Civic Center Master Plan
needed to be done first so it was known where the bridge should go
and what was wanted in the park.
Council Member Cott stated that if none of this was critical, why
not save the taxpayers the money. He felt it was better to save
the taxpayers the money.
Council Member Biles stated that if Counicl took this one-time
money to reduce the tax rate, next year, in order to get back to a
flat budget, the Council would have to adopt a 2h cent tax increase
to get back to this rate.
Mayor Miller stated that if the City was receiving requests from
citizens regarding this type of inadequate facility, the city had
to be willing to spend the money to correct the problem.
Council Member Cott asked if there was a $h million reserve if the
City had a natural disaster.
DuBose stated that the City had a 10% fund balance reserve which
was approximately $3h million for emergencies. This would allow
the City to operate 43 days into a budget.
Young motioned, Biles seconded to accept Items A-J except for the
management study item.
Mayor Pro Tem Brock stated that Item CDEF were items which had to
be removed from the planning for City Hall renovation due to higher
construction costs. These were restored items and not new items.
DuBosa stated that at this point in time there were enough funds
for all items excluding the management study. Those items totalled
$556,320.
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Mayor Miller asked if the Scott Street right-of-way had the backing
of the neighborhoods.
Council Member Young stated at the present time Willowcreek was the
only way in and this extension would provide another way in and
allow for better emergency protection. The proposal to extend Scott
Street to Newton Street had the backing of the entire community.
A church was planning to build in the area once the street was
extended.
Mayor Miller asked if anyone would be disrupted by the purchase of
the right-of-way.
Council Member Young replied no.
Mayor Miller suggested having neighborhood meetings to make sure
all the residents understood the project.
Council Member Brock called the question.
On roll vote, Beasley "aye", Brock "aye", Cott "nay", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried with a 6-1 vote.
Mayor Miller stated that except for $746 the budget was balanced.
City Manager Benavides suggesting allowing the City Manager to find
the $746.
DuBose stated that a recreation fund was established in the 1981-82
fiscal year as a method of funding recreational and leisure service
programs that were self supporting. The ending balance on
September 30, 1996 was estimated to be $1320000. The proposed
budget suggested using $83,000 of this balance to fund one time
expenditures including $33,000 for fitness, recreation and
gymnastics equipment, a computerized registration and program
tracking system and an aquatics facility feasibility study.
Consensus of the Council was to proceed with the proposal.
DuBose continued with the utilities issues. The Electric
Department budget had no proposed basic rate change although the
ECA rate would be programmed depending on the market price for
natural gas. New positions proposed included a utility service
worker in Metering, one secretary in the Distribution Division, one
temporary/Seasonal position in the Dispatch operations, one-half
worker year for a training position in Administration, and one
fourth of a worker year for office clerical support in
Communications. The Demand Management Division was eliminated and
the proposed ROI payment to General Government equated to a 3.6% of
Denton rate revenue plus a street rental fee of 4%.
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Consensus of the Council was to proceed with this proposal.
DuBose stated that the Water Department proposed no increase in the
retail rates but increase wholesale rates. New positions included
a Director of Water/Wastewater Field Services, Engineering and
Drainage. The Return On Investment equated to a 5.6% rate revenue.
Consensus of the Council was proceed with the proposal.
DuBose stated that the Wastewater Department proposed no increase
in rates for 1996-97. Positions proposes; included a Director of
Water/ Wastewater Field Services, Engineering and Drainage, an
Administrative Assistant I in the Treatment Division, a temporary
Environmental Monitoring Technician in the Pretreatment Division
and one Maintenance Mechanic I in the Treatment Division. The ROI
payment equated to 5.6% of rate revenue.
Consensus of the Council was to proceed with the proposal.
DuBose stated that the Solid Waste Department proposed no increase
in the residential rates. The proposed commercial rates varied by
type of service, container size and pick up frequency. One Light
Equipment Operator was proposed to the Recycling Division plus one
Welder/Fabricator and one Maintenance Mechanic I transferred from
the Machine Shop Division.
Consensus of the Council was to proceed with the proposal.
DuBose stated that there were some internal service funds which the
Council needed to approve. There was a Fleet Services fund, the
Warehouse fund, the Motor Pool fund, the Emily Fowler Library fund,
the Police Confiscation fund and the Debt Service fund.
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Consensus of the Council was to proceed with the proposal.
With no further business, the meeting was adjourned at 9:05 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS
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CITY OF DENTON CITY COUNCIL MINUTES
September 17, 1996
The Council convened into a Closed Meeting on Tuesday, September
17, 1996 at 5:45 p.m. in the Civil Defense Room of City Hall.
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PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. The Council considered the following in Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
1. Consulted with attorney regarding status and
strategies regarding RPS/Weber & Barnes v. City,
and considered mediation or settlement.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE
Sec. 551.074
1. Considered salary adjustments for the City Manager,
City Attorney and Municipal Judge.
The Council convened into a Regular Meeting on Tuesday, September
17, 1996 at 7:00 p.m. in the Council Chambers of City Hall.
PRESENT: Mayor Miller; Mayor Pro Tem Brock; Council Members
Beasley, Biles, Cott, Krueger, and Young.
ABSENT: None
1. Pledge of Allegiance
The Council and members of the audience recited the Pledge of
Allegiance to the U.S. and Texas flags.
2. The Council considered approval of the minutes of August 6,
1996.
Biles motioned, Brock seconded to approve the minutes as presented.
on roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
Mayor Miller presented a proclamation for Quality Month.
3. The council considered approval of a resolution 6f
appreciation for Joyce Erwin.
The following resolution was considered:
RESOLUTION OF APPRECIATION FOR JOYCE ERWIN
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Brock motioned, Cott seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
unanimously s "aye"' and Mayor Miller "aye". Motion carried
4. Citizen Reports
A. The Council received a citizen report from Lesa Kimbrough
regarding the need for day cares for special needs children
particularly those children with behavior problems.
Ms. Kimbrough stated that she was a single parent with a child with
a behavior disorder. She had had a struggle with day cares for her
child and their knowing how to handle a child with his type of
disorder. She needed help finding day care services for her child.
Council Member Young stated that there was a proposal for somethin
like this with a Community Block g
proposal was looking
into building an indigent day care center.
B. The council received a citizen report from David Zoltner
on the Open Meetings Act, secret gatherings of the Dell Fan Club,
and rebuttal to opinions given the Council by City Attorney.
Dr. 7o]`ner stated that he had concerns about certain
misinformation he had heard in the Council chambers on September 3,
1996. His intent was not to berate an individual or staff members
but to invoke Council Members to appreciate the fact that the lack
of citizen input from Closed session abuse was probably the root
cause of every faulty decision made by local governments. The
Council needed to become its awn authority on the Open Meetings
law. Staff would not be accountable but rather Council if there
was a problem with the open Meeting Act. Nothing under the law
prevented any elected official from publicly commenting on topics
covered during Executive Sessions. The Open Meetings Act had never
overridden the First Amendment. An individual was only prohibited
publicly releasing the actual tape recording, transcript or
certified agenda of a meeting legally closed to the public. He
protested the City's refusal to provide certain documents recently
requested by Mr. Jerry Drake and Mr. Coil. He was disgusted that
the City Council was more eager to protect phoney trade secrets for
Arthur Anderson than acting in good faith to provide citizens at
least summary information about future taxes in Denton. One
exception to the requirement that all meetings should be open to
the public was the real property exception. The word "lease" was
in the wording of the Act in discussing the purchase, lease,
exchange or value of real property. There was, however, an
important distinction there. Under the Act, the term "lease"
applied in the general context of acquiring public
proerty.
public leases as a lessee would have explicit
provisions under the Act but secretly negotiating leases as a
lessor would have not basis under the Act. Before any 4B
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September 17, 1996
Page 3
corporation was formed, he asked the City Attorney to be willing to
stake his reputation by declaring publicly that all State and
municipal guidelines had been reviewed and he was still certain
that the City could legally participate in both a buy/sell lease
agreement, acting through Closed Sessions. Denton County had
earned a state-wide reputation as the place to be for shady inside
deals, closed government and a total lack of respect for the
public's right to know.
C. The Council received a citizen report from Jeff Shephard
regarding employee issues.
Mr. Shephard stated that he would be speaking on safety,
compensation and the Municipal Accreditation Safety Program. The
Accreditation program required 144 hours per year of documented
training on various phases of the job requirements on underground
and overhead construction, maintenance and equipment. These
training costs were approximately $5,000 per person and would be
incurred for new hires in the Electric Department from now on. The
benefits from this program were increased response and restoration
time, quality of service and reduction in workers compensation.
Over the last 3 years the Electric Distribution Department had
saved over $100,000 on medical claims and workers compensation.
The Electric Utility was striving to be the first in the nation to
achieve this accreditation. On the average employees in this
department were under paid approximately $3.50 to $4.00 per hour
below competitors. The Electric Distribution Department had lost
15 employees over the last seven years. Six employees left in the
last three years. In order for the City to cease being a training
ground, the salary needed to be increased to industry standards.
D. The Council received a citizen report from Joe Dodd
regarding the "TI Shuffle".
Mr. Dodd stated that this Council was trying to promote the "TI
Shuffle". He felt there was a need for the council to look at
ethical conduct rules for city employees. According to a letter
written by Mike Bucek to the Attorney General, Attorney Drake was
acting as a private citizen in the TI matter. If that was true, it
would appear that he personally profited by free rent. There
should be a rule against that if there currently wac none. The
Denton Recird-Chronicle had articles about disharmony and disorder
in the ranks about the 4A corporation. There was only a h cent
left in the sales tax. The Council was meeting behind closed doors
about another economic development group. Dodd noted a highlighted
portion of the council meeting of July 23rd indicating that if
Council met on that subject, it was an illegal meeting. If the
Council was not meeting on the subject which he had highlighted,
then the agenda was a lie. He dared anyone to indicate that the
agenda accurately reflected what the council was doing at that
meeting.
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September 17, 1996
Page 4
Council Member Cott stated that 1996 showed needs for more up-to-
date techniques for economic development. Dell computer employed
6,000 employees in Austin, Texas and all went to the University of
Texas. The objective was put students in Denton to work. Every
law used was still an operating, working law. This Council was
trying to find work for its citizens and trying to keep the largest
taxpayer from going down in dollars.
Dodd stated that nothing, no matter how valuable to the community,
was worthy of illegal meetings and behind closed doors secret
decisions. That was an inappropriate way to accomplish a worthy
goal.
Council Member Young stated that when the City Attorney told him
that if he discussed things in Closed Meeting, he would go to jail,
he would believe him.
E. The Council received a citizen report from Dessie Goodson
regarding City government.
Ms. Goodson stated that on September 3rd the Council honored two
ladies who aided an individual who was choking. On December 6th
she wished she had that aid when she was having an epileptic
seizure on the floor of the Denton City jail after she had asked
three times for medical assistance from a relation of Council
Member Young. She was jailed that day for using indecent, abusive,
profane language in a public place which constituted a breach of
peace. That same abusive, indecent, profane language constituted
her breach of peace on September 3rd outside the Council Chambers
by Police Chief Jez and Council Member Biles. She asked for a
citizen's arrest and was told to file a complaint instead. If the
City was concerned about its citizens, why was she still
complaining about her leg and foot from being hurt on a City
trolley. The City had done nothing toward her medical bills from
that accident. It was time she and the City Attorney had a
conversation. On July 12th she called his office and he never
returned her call regarding her utilities. She still did not have
any utilities as the City could not answer her question hog; one
person could use more utilities than three people. She asked who
authorized her utilities to be turned off. She had not signed an
authorization to turn off her utilities. She needed to get this
issue settled.
F. The Council received a citizen report from Ross Melton,
Jr. regarding two law suits against the City and Open Records
violations.
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Mr. Melton stated that the trash and rubbish ordinance was vague
and broad. The City Attorney's office was a black hole for legal
objections. He had filed two lawsuits against the City and one
against employees for civil rights violations. The City did not
answer those lawsuits. He suggested that the City look at the
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September 17, 1996
Page 5
ordinance on trash and rubbish and start following the Texas Open
Records Act.
5. Citizen Requests
A. The Council considered a request for exception to the
noise )rdinance for a music festival on Sunday, October 6, 1996,
from 12:00 noon until 12:00 midnight on the Texas WomanJ's
University Campus.
Veronica Rolen, Administrative Assistant, stated that this was a
request for a variance to the noise ordinance for a music festival.
Krueger motioned, Young seconded to approve the request. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Youn
unanimously,s "aye"' and Mayor Miller "aye". Motion carried
B. The Council considered a request for an exception to the
noise ordinance for a memorial rodeo in memory of Codi Smith on
October 2, 1996 from 7:00 p.m. to 12:00 midnight and on Sunday
October 27, 1996 from 2:00 p.m. to 10:00 p.m. at the North Texas
State Fairgrounds.
Veronica Rolen, Administrative Assistant, stated that this was a
request for a variance to the noise ordinance. The requestor would
like to make this an annual event for this memorial.
Young motioned, Krueger seconded to approve the request. On roll
vote„ Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
unanimously,s "aye"' and mayor Miller 'aye". Motion carried
6. Public Hearings
A. The Council held a public hearing and considered adoption
of an ordinance amending Divisions 2 and 4 of Article III of
Chapter 28 of the Code of Ordinances. (The Electrical Code Board
reco:mnended approval.)
Frank Robbins, Director for Planning and Development, stated that
the Electrical Code Board was recommending standardized electrical
licensing testing administered by the Southern Building Code
Congress International. Most of the state was moving to
standardized testing with an associated number of benefits. Before
an electrical license was issued, the individual doing the work had
to have an electrical license. Before the license could he issued,
a test hLd to be passed.
The Mayor opened the public hearing.
No one spoke during the public hearing.
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The Mayor closed the public hearing.
The following ordinance was considered:
110. 96-192
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING DIVISIONS
2 AND 4 OF ARTICLE III OF CHAPTER 28 OF THE CODE OF ORDINANCES
OF THE CITY OF DENTON, TEXAS; PROVIDING A SEVERABILITY CLAUSP,
AND DECLARING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
B. The Council held a public hearing and considered adoption
of an ordinance to rezone 2.3549 acres from the Agricultural (A)
zoning district to the Office (0) zoning district. The subject
property was located on the south side of I-35E, approximately 500
feet west of Teasley Lane. (The Planning and Zoning Commission
recommended approval 6-1.)
Frank Robbins, Director for Planning and Development, stated that
this was a rezoning from an agricultural district to office. It
was anticipated that a four story motel would be built on this
location. This was a moderate activity area ~.nd the Planning and
Zoning Commission found that the proposal was consistent with the
Denton Development Plan.
The Mayor opened the public hearing.
Kent Bell, representing the owners of the property, stated that the
owners wanted to build a motel on the site. Staff indicated on
their first visit that they were concerned with saving as many
trees as possible. The proposed plan saved 60 trees in the street
yard area and 58 trees in the remaining area. Tha development did
require the removal of some trees but many would be saved. One of
the primary constraints for design of the site was the driveway
location. They only had frontage on I-35E and a driveway access
was needed. A highway ramp restricted the area with a State
,aquirement of a 3001 separatio.: from a driveway. Th9 City
required a 300' separation from other driveways. Other concerns
were topography for drainage in the area. He felt the plan worked
with the spirit of the tree preservation ordinance. There was a
comment at the Planning and zoning commission regarding the
proposal for four stories as it was felt that it might be imposing
in this area. The building would be set 101 from the property line
and much of the existing topography at the front of the site would
be retained. He felt the use was appropriate for the location on
I-35 and asked for support from Council.
Mayor Pro Tem Brock asked about access to the property.
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Page 7
Bell stated that the property would have two driveway accesses.
The primary access would be on I-35E and the second access would be
off Teasley through the service station in the area. It was felt
that there was a need for two accesses.
The Mayor closed the public hearing.
The following ordinance was considered:
NO. 96-193
AN ORDINANCE OF THE CITY Or DENTON, TEXAS, PROVIDING FOR A
CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT
CLASSIFICATION AND USE DESIGNATION FOR 2.3549 ACRES OF LAND
LOCATED ON THE SOUTH SIDE OF I-35E, APPROXIMATELY 500 FEET
WEST OF TEASLEY LANE; 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 adopt the ordinance. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
7. Consent Agenda
Mayor Miller asked if there were any items to be pulled for
separate consideration.
Council Member Krueger asked why Main Street was not included.
Jon Fortune, Chief Finance officer, indicated that this year Main
street would be funded under the General Fund the same as the Civic
Center.
Young motioned, Beasley seconded to approve the Consent Agenda.
Council Member Cott asked that the contract for the Hispanic
Chamber of Commerce be pulled for consideration. He felt that
there was not enough money budgeted for that organization.
Council Member Krueger stated that this was seed money for start-up
activities for the organization.
Council Member Cott felt that the organization should receive more
money.
On roll vote for approval of the Consent Agenda Ordinances, Beasley
"aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles
"aye", and Mayor Miller "aye". Motion carried unanimously.
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City of Denton City Council Minutes
September 17, 1996
Page 8
A. Bids and Purchase orders:
1. Bid 01923 - Police Uniforms
2. Bid 11932 - Janitorial services
3. Bid 01937 - Capacitors
4. Bid 11946 - Steel Distribution Poles
5. Bid 01931 - Replace Waterline - Yorkshire
6. Bid 11936 - Intake Structure Dredging Project
7. Bid 11940 - Chisholm Trail Sanitary Sewer (Moncayo)
Houston Place
8. Bid 11941 - Houston Place Sanitary Sewer and
Waterline Replacement
9. Bid 11942 - Community Sidewalks - East Side of
Bolivar Street
10. RFSP 01907 - Integrated Distribution Management
System
11. P.O. ¢67657 - Integrated Computer System
12. P.O. 167658 - American Management Systems
13. RFSP 01914 - Customer Information and Utility
Billing Needs Study
B. Contracts
1. Denton County Amphitheater Association
2. Denton Festival Foundation
3. Denton Black Chamber of Comm-::ce
4. Denton Hispanic Chamber of Com ierce
5. Denton Historic Landmark Commiosion
C. Budgets
1. Chamber of Commerce, Convention and Visitors Bureau
2. Denton County Historical Museum
3. Denton County Historical Foundation
4. North Texas State Fair Association
5. Greater Denton Arts Council
8. Consent Agenda Ordinances
Brock motioned, Beasley seconded to adopt the Consent Agenda
Ordinances 8.A. - 8.1. On roll vote, Beasley "aye", Brock ',aye",
Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor
Miller "aye". Motion carried unanimously.
A. NO. 96-194
AN ORDINANCE ACCEPTING COMPETITIVr BIDS AND AWARDING A
CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR
SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREOF; AND
PROVIDING FOR AN EFFECTIVE DATE. (7.A.1. - Bid 01923, 7.A.2.
- Bid 119320 7.A.3. - Bid 11937, 7.A.4. - Bid 11946)
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B. NO. 96-195
AN ORDINANCE ACCEPTING A COMPETITIVE SEALED PROPOSAL AND
AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS, EQUIPMENT,
SUPPLIES OR SERVICES; PROVIDING FOR THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. (7.A.10 - RFSP
119071 7.A.13. - RFSP 11914)
C. NO. 96-196
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE
AWARD OF CONTRACTS FOR PUBLIC WORKS OR IMPROVEMENTS; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN
EFFECTIVE DATE. (7.A.5. - Bid 119310 7.A.6. - Bid 11936,
7.A.7. - Bid 01940, 7.A.8. - Bid 11941, 7.A.9. - Bid 11942)
D. NO. 96-197
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR
PURCHASES OF MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM
ONLY ONE SOURCE IN ACCORDANCE WITH THE PROVISION OF STATE LAW
EXEMPTING SUCH PURCHASES FROM REQUIREMENTS OF COMPETITIVE
BIDS; AND PROVIDING AN EFFECTIVE DATE. (7.A.11 - P.O. 167657,
7.A.12. - P.O. 167658)
E. NO. 96-198
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON COUNTY AMPHITHEATER
ASSOCIATION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE. (7.8.1.)
F. NO. 96-199
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON FESTIVLL FOUNDATION
FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND PROVIDING AN
EFFECTIVE DATE. (7.B.2.)
G. NO. 96-200
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON BLACK CHAMBER OF
COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE. (7.8.3.)
H. NO. 96-201
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON HISPANIC CHAMBER OF
COMMERCE FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE. (7.B.4.)
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1. NO. 96-202
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
BETWEEN THE CITY OF DENTON AND THE DENTON HISTORIC LANDMAR};
COMMISSION FOR THE PAYMENT AND USE OF HOTEL TAX REVENUE; AND
PROVIDING AN EFFECTIVE DATE. (7.B.5.)
9. Consent Agenda Resolutions
Beasley motioned, Brock seconded to approve Consent Agenda
Resolutions 9.A. - 9,E,
Council Member Cott asked if the Museum and the Historic Foundation
were City of Denton organizations.
Council Member Biles stated that both were separate non-profit
corporations which received Lalor funds.
Council Member Cott asked why the City was funding those
organizations.
Mayor Miller stated that those organizations qualified under the
Lalor funds for historic/tourism funding
On of Young vote, 'ayea slay "ay e" IBrock "aye", Cott "aye", Kruegs-r
carried unanimouslyBiles ye", and Mayor Miller "aye". Motion
A. NO. R96-043
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE
CHAMBER OF COMMERCE CONVENTION AND VISITOR BUREAU FOR HOTEL
OCCUPANCY TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX
CODE; AND PROVIDING AN EFFECTIVE DATE. (7.C.1.)
B. NO. R96-044
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE
DENTON COUNTY HISTORICAL MUSEUM FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE. (7.C.2.)
C. NO. R96-045
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE
DENTON COUNTY HISTORICAL FOUNDATION, INC. FOR HOTEL OCCUPANCY
TAX FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE. (7.C.3.)
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D. NO. R96-046
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE
NORTH TEXAS STATE FAIR ASSOCIATION FOR HOTEL OCCUPANCY TAX
FUNDS, PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND
PROVIDING AN EFFECTIVE DATE. (7.C.4.)
E. NO. R96-047
A RESOLUTION APPROVING THE FISCAL YEAR 1997 BUDGET OF THE
GREATER DENTON ARTS COUNCIL FOR HOTEL OCCUPANCY TAX FUNDS,
PURSUANT TO CHAPTER 351 OF THE TEXAS TAX CODE; AND PROVIDING
AN EFFECTIVE DATE. (7.C.5.)
10. Ordinances
A. The Council considered adoption of an ordinance adopting
the budget for the City of Denton for the fiscal year beginning on
October 1, 1996, and ending on September 30, 1997.
Young motioned, Krueger seconded to adopt the budget with an
amendment to eliminate the 4% pay bonus and adopt a 3% pay increase
for the employee's base pay.
Council Member Beasley stated that she would vote against the
motion as the budget presented by the City Manager was fiscally
responsible based on current finances. There was a need to be
responsible for future years which at this time was not possible.
Mayor Pro Tem Brock indicated that she would vote against the
motion as last year some on-going expenses were funded from one-
time funds to expand fire coverage. The Council took on those on-
going expenses as circumstances justified it at that point in time.
It was not prudent to do that again this year. She was not in
favor of funding any on-going obligations with one-time funds. The
Council needed to be responsible and fund on-going expenses from
on-going sources.
Council Member Cott stated that the Council needed to be fiscally
responsible.
Council Member Biles stated that he was torn between the fact that
the City was behind in the pay area and the need to be fiscally
responsible. If a 4% lump sum payment was done, it would be the
same dollars in the employee's pocket as if they had received a pay
increase. That would make them even for the next fiscal year.
From a budget planning standpoint, a permanent pay increase would
have to be dealt with again in the next fiscal year.
Council Member Young stated that this subject was the only thing in
the budget which he had a problem with. If a 3% increase to the
base pay was not given, the gap between Denton and other cities
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would increase. Many City employees were topped out which would
not help with retirement. All signs indicated that there would be
an increase in Denton's economy during the next year. He had had
many calls regarding this issue and the employees indicated that
they needed a 3% increase in base pay.
Council Member Krueger felt that this budget was twice as
conservative as last year. He was optimistic on the growth of
Denton for the next year. The City had paid a consultant to provide
a salary range study and now the Council would ignore that. The
Council needed to continue to work with the employees to keep
working for the City of Denton.
Mayor Miller stated that a one-time pay would be larger than a 3%
on-going increase. An employee was better off with a lump sum
pay this year than a 3% on-going increase.
Mayor Pro Tern Brock called the question.
The following ordinance was considered:
NO. 96-203
AN ORDINANCE ADOPTING THE BUDGET FOR THE CITY OF DENTON,
TEXAS, FOR THE FISCAL YEAR BEGINNING ON OCTOBER 1, 1996, AND
ENDING ON SEPTEMBER 301 1997; AND DECLARING AN EFFECTIVE DATE.
On roll vote, Beasley "nay", Brock "nay", Cott "nay", Krueger
"aye", Young "aye", Biles "nay", and Mayor Miller "nay". Motion
failed with a 2-5 vote.
Beasley motioned, Brock seconded to adopt the ordinance as
presented. on roll vote, Beasley "aye", Brock "aye", Cott "nay",
Krueger "nay", Young "nay", Biles "aye", and Mayor Miller "aye".
Motion carried with a 4-3 vote.
B. The Council considered adoption of an ordinance levying
the ad valorem tax of the City of Denton, Texas, for the 1996, on
all taxable property within the corporate limits of the City of
January 1, 1996, not exempt by law; providing revenues for payment
of current municipal expenses, and for interest and sinking fund on
outstanding city of Denton bonds; providing for limited exemptions
of certain homesteads; and providing for enforcement of
collections.
The following ordinance was considered:
NO. 96-204
AN ORDINANCE LEVYING THE AD VALOREM TAX OF THE CITY OF DENTON,
TEXAS, FOR THE YEAR 1996, ON ALL TAXABLE PROPERTY WITHIN THE
CORPORATE LIMITS OF THE CITY ON JANUARY 10 19960 NOT EXEMPT BY
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LAW; PROVIDING REVENUES FOR PAYMENT OF CURRENT MUNICIPAL
EXPENSES, AND FOR INTEREST AND SINKING FUNDS ON OUTSTANDING
CITY OF DENTON BONDS; PROVIDING FOR LIMITED EXEMPTIONS OF
CERTAIN HOMESTEADS; PROVIDING FOR ENFORCEMENT OF COLLECTIONS;
PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
Biles motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young
"aye", Biles "aye", and mayor Miller "aye". Motion carried with a
6-1 vote.
C. The Council considered adoption of an ordinance approving
the 1996 tax rolls for the City of Denton.
The following ordinance was considered:
NO. 96-205
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996
TAX ROLLS; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Youn
"aye", Biles "aye", and Mayor Miller "aye". Motion carried with a
6-1 vote.
D. The Council considered adoption of an ordinance amending
Ordinance No. 91-055 relating to facility and program fees of the
Department of Parks and Recreation; and establishing user fees for
certain parks and recreation facilities.
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The following ordinance was considered:
NO. 96-206
F.N ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCE
NO. 91-055 OF THE CITY OF DENTON RELATING TO FACILITY AND
PROGRAM FEES OF THE DEPARTMENT OF PARKS AND RECREATION;
ESTABLISHING USER FEES FOR CERTAIN PARK AND RECREATION
FACILITIES; PROVIDING A REPEALER AND A SAVINGS CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Young seconded to adopt the ordinance. On roll
vote„ Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young
aye , Biles "aye", and Mayor Miller "aye". Motion carried with a
6-1 vote.
E. The Council considered adoption of an ordinance amending
the schedule of electric rates contained in ordinance 95-178;
rateamen;din the weekend rate (WK); amendi l (LS)
the dusk to dawn rate (DD ;t andsamendinggthenenergy
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cost adjustment rate (ECA).
The following ordinance was considered:
NO. 96-207
AN ORDINANCE AMENDING THE SCHEDULE OF ELECTRIC RATES CONTAINED
` IN ORDINANCE 95-178; AMENDING THE WEEKEND RATE (WK); AMENDING
THE STREET LIGHTING (LS) RATE; AMENDING THE DUSK TO DAWN RATE
(DD); AMENDING THE ENERGY COST ADJUSTMENT RATE (ECA);
PROVIDING FOR A S£VERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
Brock motioned, Beasley seconded to adopt the ordinance.
Joe Dodd stated that recently the Council asked the State to give
the city 5% of the lottery which the schools would not have if the
legislation was successful. The Council was considering a proposal
which might remove the TI property from the tax base of the school
district which did not represent everyone. The tax placed on
customers when electricity was sold affected everyone. A It pole
fee was instituted several years ago. The 1% had now gone to a 4%
and was a straight surcharge which went into the General Fund. He
felt this was similar to 15% of the property tax bill.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
carried unanimously.
F. The Council considered adoption of an ordinance amending
the schedule of water rates contained in Ord3;iance 95-179 for water
service; and amending the Upper Trinity Regional Water District
Rate (WW1) per the contract.
The following ordinance was considered:
NO. 96-208
AN ORDINANCE AMENDINti THE SCHEDULE OF WATER RATES CONTAINED IN
ORDINANCE 95-179 FOR WATER SERVICE; AMENDING THE UPPER TRINITY
REGIONAL WATER DISTRICT RATE (WW1) FOR THE CONTRACT; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE
DATE.
Brock motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "ayet', Brock "aye", Cott "nay", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried with a
6-1 vote.
G. The Council considered adoption of an ordinance amending
the schedule of wastewater rates contained in ordinances 95-180,
96-043, and 96-124 for wastewater service; amending the residential
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wastewater service schedules (SR/SRW); and amending the wholesale
wastewater treatment rate (SSC).
The following ordinance was considered:
NO. 96-209
AN ORDINANCE AMENDING THE SCHEDULE OF WASTEWATER RATES
CONTAINED IN ORDINANCES 95-180, 96-043, AND 96-124 FOR
WASTEWATER SERVICE; AMENDING THE RESIDENTIAL WASTEWATER
SERVICE SCHEDULES (SR/SRW) ; AMENDING THE WHOLESALE WASTEWATER
TREATMENT RATE (SSC) ; PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried with a
6-1 vote.
H. The Council considered adoption of an ordinance amending
the schedule of rates for solid waste service contained in
Ordinance 95-181, as authorized by Chapter 24 of the Code of
Ordinances of the City of Denton, Texas; amending the rates for
recycling service; adding a charge for brush brought directly to
the landfill; and amending the charges for use of the landfill.
The following ordinance was considered:
NO. 96-210
AN ORDINANCE AMENDING THE SCHEDULE OF RATES FOR SOLID WASTE
SERVICE CONTAINED IN ORDINANCE 95-181, AS AUTHORIZING BY
CHAPTER 24 OF THE CODE OF ORDINANCES OF THE CITY OF DENTON,
TEXAS; AMENDING THE RATES FOR RECYCLING SERVICE; ADDING A
CHARGE FOR BRUSH BROUGHT DIRECTLY TO THE LANDFILL; AMENDING
THE CHARGES FOR USE OF THE LANDFILL; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
Biles Motioned, Beasley seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "nay", Krueger "aye", Young
"nay", Biles "aye", and Mayor Miller "aye". Motion carried with a
5-2 vote.
I. The Council considered adoption of an ordinance
authorizing the City Manager to execute a professional services
agreement with Resource Management International ("RMI").
Sharon Mays, Director of Electric Utilities, stated that this
contract would cover two items. One was an independent assessment
of the costs projections of the Gibbons Creek plant and an analysis
on whether those projections remained correct in the face of a new
competitive environment. The second part of the contract would
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cover a position paper on the history of the Gibbons Creek plant.
The following ordinance was considered:
NO. 96-211
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE MANAGEMENT
INTERNATIONAL ("RMI"); AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
J. The Council considered adoption of an ordinance
authorizing the City Manager to execute an employment contract for
professional legal services with the law offices of Jim Boyle.
Bob Nelson, Executive Director for Utilities, stated that the
deregulation of the electric utilities would be a major issue in
the upcoming legislative session. It was not sure which type of
legislation would be introduced and it was necessary to watch the
legislation very closely. The Public Utilities Board and staff
felt the representation was needed in Austin for this issue.
The following ordinance was considered:
NO. 96-212
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EMPLOYMENT CONTRACT FOR PROFESSIONAL LEGAL SERVICES WITH THE
LAW OFFICES OF JIM BOYLE; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Young seconded to adopt the ordinance. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Bites "aye", and Mayor Miller "aye". Motion carried
unanimously.
K. The Council considered adoption of an ordinance approving
and authorizing the Mayor of the City of Denton to execute an
amendment to the Power Sales Contract dated September 1, 19760
between the Texas Municipal Power Agency and the cities of Bryan,
Denton, Garland and Greenville; and resolving other matters
incidental and related thereto.
Bob Nelson, Executive Director for Utilities, stated that this was
the amendment to the power sales contract. It would free Denton
from the full requirements contract and changed the percentage from
22% to 21.3% and limited the amount of reserves the Agency could
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keep in the organization. It required any overage of reserves to
he returned to the cities.
The following ordinance was considered:
NO. 96-213
AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY
OF DENTON, TEXAS TO EXECUTE AN AMENDMENT TO THE POWER SALES
CONTRACT DATED SEPTEMBER 1, 1976, BETWEEN THE TEXAS MUNICIPAL
POWER AGENCY AND THE CITIES OF BRYAN, DENTON, GARLAND AND
GREENVILLE, TEXAS, AND RESOLVING OTHER MATTERS INCIDENTAL AND
RELATED THERETO; AND PROVIDING AN EFFECTIVE DATE.
Biles motioned, Brock seconded to adopt the ordinance. On roll
vote, Beasley "aye'', Brock "aye", Cott "aye-1. Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
11. Resolutions
A. The Council considered approval of a resolution approving
budget adjustments for fiscal year 1995-96.
The following revolution was considered:
NO. R96-048
A RESOLUTION APPROVING BUDGET ADJUSTMENTS FOR FISCAL YEAR
1995-96; AND DECLARING AN EFFECTIVE DATE.
Ynung motioned, Beasley seconded to approve the resolution. on
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
B. The Council considered approval of a resolution adopting
the Capital Improvement Plan proposed by the Planning and Zoning
Commission.
Jon Fortune, Chief Finance Officer, stated that this was the first
year of a five year CIP as recommended by the Planning and Zoninq
Commission.
The following resolution was considered:
NO. R96-049
A RESOLUTION ADOPTING THE CAPITAL IMPROVEMENT PLAN PROPOSED BY
THE PLANNING AND ZONING COMMISSION; AND PROVIDING FOR All
EFFECTIVE DATE.
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Young motioned, Brock seconded to approve the resolution. On roll
vote Bey:;ley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
animously s "aye"' and
un Mayor Miller "aye". Motion carried
C. The c considered 1997 financial plan oftheeDE CO approval r Area 9-1 1 resolution District, pur
approving
to the Texas Health and Safety Code, Chapter 772, as amendedsuant
Mike Pedigo, Executive Director of the DENCO Area 9-1-1, stated
that part of the le,islation creating the District required the
District to present its annual budget to participating cities and
Commissioners Court. There was a requirement that a majority of
cities approve the proposed budget as well as the Commissioners
Court.
The following resolution was considered:
NO. R96-050
A RESOLUTION APPROVING THE FISCAL YLAR 1997 FINANCIAL PLAN OF
THE DENCO AREA 9-1-1 DISTRICT, PURSUANT '.'O THE TEXAS HEALTH
AND SAFETY CODE, CHAPTER 772, AS AMENDZD; AND PROVIDING AN
EFFECTIVE DATE.
Krueger motioned, Brock seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
I
D. Council authorrizingrthe City Manager stoeex cute ano agreement withetheuU.S.
Department of Transportation Federal Transit Administration for an
urbanized area formula grant authorized by 49 U.S.C. Section 5307.
Joseph Portugal, Assistant to the City Manager, stated that
approval of this resolution would authorize an agreement for $353,
000 to Gupport public transportation in Denton. The grant period
was from October 1, 1996 to September 30, 1997 and included funding
for a congestion mitigation program.
The following resolution was considered:
NO. R96-051
A RESOLUTION AUTHORIZING THR CITY MANAGER TO EXECUTE AN
AGREEMENT WITH THE U.S. DEPARTMENT OF TRANSPORTATION FEDERAL
TRANSIT ADMINISTRATION FOR AN URBANIZED AREA FORMULA GRANT
AUTHORIZED BY 49 U.S.C. SECTION 5307; AND PROVIDING AN
EFFECTIVE DATE.
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Brock motioned, Biles seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Bites $,aye", and Mayor Miller "aye". Motion carried
unanimously.
E. The Council considered approval of a resolution
nominating individuals to Places 2 and 4 on the North Texas Higher
Education Authority Board of Directors for the October 1, 1996
through September 30, 1998 term.
I
Kathy DuBose, Executive Director for Finance, stated that the
resolution approved the nomination of Governor Jackson and Nita
Stallings who were incumbents on the Board.
The following resolution was considered:
NO. R96-052
A RESOLUTION APPOINTING MEMBERS TO THE BOARD OF DIRECTORS OF
THE NORTH TEXAS HIGHER EDUCATION AUTHORITY; AND DECLARING AN
EFFECTIVE DATE.
Beasley motioned, Brock seconded to approve the resolution. On
roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye",
Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
F. The Council considered approval of a resolution
supporting legislation to require the Texas Lottery Commission to
return five cents of every lottery sales dollar to the City of
Denton. 1
The following resolution was considered:
NO. R96-053
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON,
SUPPORTING LEGISLATION TO REQUIRE THE TEXAS LOTTERY COMMISSION
TO RETURN FIVE CENTS OF EVERY LOTTERY SALES DOLLAR TO THE CITY
OF DENTON, AND PROVIDING FOR AN EFFECTIVE DATE.
Beasley motioned, Biles seconded to approve the resolution. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
G. The Council considered approval of a resolution
appointing a person to the Economic Development Sales and Use Tax
Task Force to replace a resigning member.
Council Member Biles appointed Randall McDonnell.
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The following resolution was considered:
NO. R96-054
A RESOLUTION APPOINTING A PERSON TO THE ECONOMIC DEVELOPMENT
SALES AND USE TAX TASK FORCE TO REPLACE A RESIGNING MEMBER;
AND PROVIDING AN EFFECTIVE DATE.
Brock motioned, Beasley seconded to approve the nomination. On roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
12. The Council considered approval of a schedule for future City
Council meeting dates.
City Manager Benavides stated that staff was requesting four City
council meetings be cancelled.
Brock motioned, Krueger seconded to approve the schedule. on roll
vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young
"aye", Biles "aye", and Mayor Miller "aye". Motion carried
unanimously.
13. The Council considered nominations/ appointments to the City's
Board and Commissions.
Council Member Young had nominated David Johnson to the Plumbing
and Mechanical Code Board. On roll vote, Beasley "aye", Brock
"aye", Cott "aye", Krueger "aye", Young $taye", Biles "aye", and
Mayor Miller "aye". Motion carried unanimously.
14. Vision Update
There was no Vision Report at this meeting.
15. Miscellaneous matters from the City Manager.
The City Manager did not have any items for the Council.
16. Official Action on Closed Meeting Items
Biles motioned, Brock seconded that council make an award to its
three contracted employees of the City Manager, the City Attorney
and the Municipal Judge a 41 lump sum merit award to be paid in the
same manner as other employees.
Council Member Krueger stated that he was opposed to the concept
but not to the employees.
On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger
"nay", Young "aye", Biles "aye", and Mayor Miller "aye". Motion
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carried with a 6-1 vote.
17. New Business
The following items of New Business were suggested by Council
Members for future agendas:
A. Council Member Krueger read a statement which served as
his resignation from the City Council.
Council Member Biles stated that given the interpretation of State
law, he asked the City Attorney to continue with the Attorney
General for an opinion on a special election date.
Mayor Miller stated that under State law Council Member Krueger
would continue to serve until either his successor was elected or
he was sworn into another office.
18. There was no continuation of the Closed Meeting during the
Regular Meeting.
With no further business, the meeting was adjourned at 9:40 p.m.
JACK MILLER, MAYOR
CITY OF DENTON, TEXAS
JENNIFER WALTERS
CITY SECRETARY
CITY OF DENTON, TEXAS i
ACC00341
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Agenda No.
Agenda Item,
Da
CITY COUNCIL REPORT
TO: Mayor and Members of City Council
FROM: Ted Benavides, City Manager
DATE: December 3, 1996
SUBJECT: Hold a public hearing and give direction to staff with regard to the proposed
annexation of 11.24 acres located south of Robinson Road and east of Nowlin
Road. (A-74)
RECOMMENDATION:
Planning and Zoning Commission is scheduled to consider this item on December 11, 1996.
SUMMARY:
The owners of the subject tract, Tin.oerglen Company petitioned the City to annex the property
into the City limits of Denton. The 11.24 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 #1). 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.
The City will provide municipal services to the site in accordance with a service plan included in
attachment 42. The service plan summarizes the city's policies with regard to the extension of
water and waste water services to the site. A map showing existing water and waste water lines
at that location is included in attachment #3.
BACKGROUND:
City Council received a report with regard to the proposed annexation on October 22, 1996 and
directed staff to proceed. On November 5, 1996, City Council approved a schedule setting the
dates and times for public hearings (attachment #4).
PROGRAMS DEPARTMENTS OR GROUPS AFFECTEM
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.
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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.
RESPECT ULLY SUBMITTED:
Ted Benavides
City Manager
Prepared by:
a N
Harry N. ersaud, MRTPI, A1CP
Senior Planner
)ck aSvehla De
puty City Manager
ATTACHMENTS:
(1) Site map
(2) Service Plan
(2) Map showing existing water and sewer lines
(4) Annexation Schedule
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Proposed Annexation
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ATTACHMENT #2
SERVICE PLAN (A-74)
CASE A-74
AREA: 11.24 acres
LOCATION: South of Robinson Road and East of Nowlin Road
B. Police Services
1. Patrolling, response to calls, and other routine services will be provided on
the effective date of the annexation, using existing personnel and equipment.
2. Upon ultimate development of the area, the same level of police services will
be provided to this area as are furnished to comparable areas within the
City.
B. Eire protection and Emergency Medial Services (EMS)
1. Fire protection and emergency medical services by the present personnel and
present equipment, within the limitations of available water and distances
from existing fire stations, will be provided to this area on the effective date
of the annexation.
1. Upon ultimate development of the area, the same level of fire and emergency
ambulance services will be provided to this area as are furnished to
comparable areas within the City.
C. Water/Wastewater Services
Water and wastewater services will be extended to the property in accordance to
the City's master utility plan and Section 34-11S of the Denton Code of
Ordinances.
Developers shall pay the actual cost of all water and sewer main extensions, lift
stations and other necessary facilities required to serve their development in
accordance with the City's master utility plan and the Subdivision and Land
Development Regulations.
The City may participate in the cost to oversize water and sewer mains subject
to fund availability and approval of the City Council.
Where water or sewer main extensions, lift stations, force mains or other
necessary facilities are installed by the developer, the developer shall be entitled
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to reimbursement of the cost of such facilities from pro-rata charges paid by
persons connecting to or using such facilities to serve their property, according
to the Subdivision and Land Development Regulations.
D. Solid Waste Collection
1. Solid waste collection will be provided to the property at the same level of
service as available to comparable areas within the City, within 60 days of
the effective date of annexation.
2. As development and construction commence within this property, and
population density increases to the proper level, solid waste collection shall
be provided to this property in accordance with then current policies of the
City as to frequency, charges and so forth.
E. Streets and Roads
1. The City of Denton's existing policies with regard to street maintenance,
applicable throughout the entire City, shall apply to this property beginning
with the effective date of the annexation.
2. Routine maintenance of streets and roads will begin in the annexed area on
the effective date of annexation using the standards and level of service as
currently applied to comparable areas of the City.
3. Reconstruction and resurfacing of streets, installation of storm drainage
facilities, construction of curb cuts and gutters, and other such major
improvements, as the need therefore is determined by the City Council or
Manager, will be accomplished under the established policies of the City.
4. Traffic signals, signage and other traffic control devices will be installed as
the need therefor is established by appropriate study and traffic standards.
5. Street and road lighting will be installed in the substantially developed areas
in accordance with the established policies of the City.
E. Environmental Health and Code Enforcement Services
1. Enforcement of the City's environmental health ordinances and regulations
including, but not limited to the grass and weed ordinance, garbage and
trash ordinance, junked vehicle ordinance, sign ordinance, food handler
ordinance, animal control ordinance, and the tree preservation ordinance
shall be provided within this area on the effective date of the annexation.
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These ordinances and regulations will be enforced through the use of existing
personnel.
2. Building, plumbing, electrical, gas, and all other construction codes, as may
be adopted by the City, will be enforced within this area beginning with the
effective date of the annexation. Existing personnel will be used to provide
these services.
3. The City's zoning, subdivision and other ordinances shall be enforced in this
area beginning on the effective date of the annexation.
4. All inspection services provided by the City of Denton, but not mentioned
above, will be provided to this area beginning on the effective date of the
annexation. Existing personnel will be used to provide these services.
5. Flood damage mitigation will be provided by existing codes and ordinances
of the City as of the effective date of the annexation.
6. As development and construction commence within this area, sufficient
personnel will be provided to furnish this area with the same level of
environmental health and code enforcement services as are furnished to
comparable areas within the City.
G. Planning and Development Services
The zoning jurisdiction of the City will extend to the annexed area on the
effective date of annexation. The tract is to be temporarily zoned Agriculture
(A) zoning district classification at the time of annexation.
I. Parks and Recreation Services
Residents of the newly annexed area may use all recreation facilities, including
parks and swimming pools throughout the City, on the effective date of the
annexation. The some standards and policies now used within the City will be
followed in the maintenance of parks, playgrounds and swimming pools.
I Electrical Distribution
Electrical power will be made available to the site as required, at the same level
of service currently being provided to comparable areas within the City.
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K. Miscellaneous
1. Street names and signs will be installed, if required, approximately six (6)
months after the effective date of annexation.
2. Residents of the newly annexed area may use all publicly owned facilities,
buildings or services within the city on the effective date of the annexation. All
publicly owned facilities, buildings or services will be maintained in accordance
with established standards and policies now used in the City.
L. Capital Improvements Program (CIP)
The CIP of the City is prioritized by such policy guidelines as:
1. Demand for services as compared to other areas will be based on
characteristics of topography, land utilization, population density, magnitude
of problems as related to comparable areas, established technical standards
and professional studies.
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2. The overall cost-effectiveness of providing a specific facility or service.
The annexed area will be considered for CIP improvements in the upcoming
CIP plan. This tract will be considered according to the some established
criteria as all other areas of the City.
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Map Showing Existing Waterline
Sewer line
Water and Sewer Lines Force main
Indicate: end of water line
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ATTACHMENT #4
ANNEXATION SCHEDULE- A74
October 22, 1996 City Council receives a report and give direction to staffwith
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
hei.ring.
December 11, 1996 Planning and Zoning Commission holds a public hearing and
considers 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.
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January 10, 1996 Publication of Annexation ordinance in Denton Record Chronicle.
February 18, 19)7 Final action by City Council. Second Reading and adoption of
the annexation ordinance.
Meetings in bold require 6 out of 7 votes at City Council
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Agenda No._ZSP
Agenda Item
Date 9to
CRY COUNCIL REPORT FORMAT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: December 3, 1996
SUBJECT: Consider an exaction variance of Section 34.114(17) concerning
sidewalks for the Oakmont II subdivision. The subject propaIrty is in a
Single Family 7 Conditioned (SF-7[c]) zoning district is located on the
north side of Robinson Road, approximately 400 feet west of State
School Road.
RECOMMVIDATION:
The Planning and Zoning Commission recommends approval of the request (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.
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Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Walter E. Reeves, Jr., E.
Urban Planner
Approved:
Rick Svehla
Deputy City Manager
Attachment #1: Planning and Zoning Commission Report.
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ATTACHMENT1
PLANNING AND ZONING COMMISSION REPORT,
To: City Council
From: Planning and Zoning Commission
Date: December 3, 1996.
Subject: Variance to Section 34-114(17), concerning sidewalks for
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the Oakmont ll subdivision.
Recommendation
Planning and Zoning Commission recommends approval (5-0).
Background
Oakmont II is a proposed 200+ lot subdivision located on the north side of Robinson
Road, approximately 400 feet west of Ste!e School Road (Attachment 1). The owner
of the proposed Oakmont II subdivision has applied for a variance to Section 34-
114(17) of the Code of Ordinances of the City of Denton. This section of the Code of
Ordinances requires sidewalks be constructed along all street frontages.
The request for variance involves the installation of sidewalks along the proposed
alignment of i. cop 288. As permitted by ordinance, in lieu of constructing 3 portion of
Loop 288 on the west, the developer is dedicating a disproportionate share o' the
right-of-way. The developer is proposing sidewalks along all interior streets, State
School Road and Robinson Road, but does not wish to construct sidewalks along the
proposed loop.
The request is based on the lack of a reasonable connection between the required
improvement and the proposed development. This `exaction variance' is being
recommfnded to the City Council. No lots will face or have access to Loop 288 and
will also be blocked from tha Loop by a wooden fence which is a condition of the
zoning. There will also be no street access to Loop 288 from the subdivision. In
addition, the Loop will not be constructed for many years and no design work has
been completed to determine future elevations.
Enclosures
1. Location map.
2. Plat.
3. Staff report to the Planning and Zoning Commission.
4 Draft minutes of the November 13, 1996, P & Z meeting.
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ATTACHMENT1
ENCLOSUREI
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ENCLOSURE 3
MEMORANDUM
DATE: November 7, 1996
TO: Planning and Zoning Commission
FROM: David Salmon, P.E. Senior Civil Engineer
SUBJECT: Sidewalk Variance for Oakmont 11 Addition
Mr. Lloyd Blaylock, President of Lennox Investments Incorporated, owner of the proposed
Oakmont II Subdivision has applied for a variance of Section 34-114 (17) of the Code of
Ordinances concerning sidewalk construction. The cited section requires sidewalks along all
perimeter streets adjacent to the subdivision.
The Oakmont 11 subdivision is bounded by State School Road to the east, Robinson Road on the
south and the proposed Loop 288 on the west. As permitted by ordinance, in lieu of
constructing a portion of Loop 288, the developer is dedicating a disproportionate share of the
right-of-way. The developer proposes sidewalks along State School Road and Robinson Road
but does not wish to construct sidewalk along the proposed loop.
The applicant bases this variance request on several factors surrounding the need to construct
the sidewalk and its connection to his subdivision. As this is an exaction variance, the
commission may recommend to the City Council that a variance be granted under the following
condition.
b. Criteria for variances from development exactions. Where the commission finds
that the imposition of any development exaction pursuant to these regulations
exceeds any reasonable benefit to the property owner or is so excessive as to
constitute confiscation of the tract to be platted, it r,.,.y recommend approval of
variances to waive such exactions, so as to prevent such excess, to the City
Council. Waiver of developmental exactions shall be approved by the City
Council.
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ATTACHMENTI
ENCLOSURE 3
Staff recommends that this variance be granted. No lots will face or have access to Loop 288
and will also be blocked from the loop by a wooden fence which is a condition of the zoning.
There will also be no street access to Loop 288 from the subdivision. In addition, the loop will
not be constructed for many years and no design work has been completed to determine future
elevations.
RECOMMEND MOTION:
I move that a variance be granted for Oakmont II Subdivision for sidewalk along Loop 288 due
to lack of reasonable connection to the needs of the subdivision.
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rTACHMENT 1
ENCLOSURE 3
LENNOX INVESTMENTS, INC.
P.O. Box 870188 • Dallas, TX 75387
2 t 4-350-5900
October 8. 1996
The Planning and Zoning Commission
City of Denton
Please consider this my request for a variance to the Subdivision and Land Development
Regulations as related to construction of sidewalks.
The subdivision will be a 210 lot S7 project with the east side joining a future
neighborhood in the City of Corinth and the west side joining what will be the future Loop
288. It is along this future loop that we are requesting that the sidewalks be deleted.
Our reasons for requesting this variance are as follows:
1. No lots face wh it will be the future Loop 288.
2. We are required to install a six foot wooden fence along the entire west
boundary line of the subdivision so there wil! be no way to gain access to the sidewalk.
3. The development and construction of the future Loop 288 is between twelve
and fifteen years away.
4. No design work has been done that would indicate at w4at grade the future loop
will be constructed.
5. Therd is no possible use for the sidewalk now or in the future.
Thank you for your consideration.
LENNOX 1NMTMENTS, INC.
001.1
Lloyd D. Blaylock, President
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P&Z Minut;s
November 13, 1996 Page 7 DRAFT
b. Consider a variance of Section 34-114(17) requiring sidewalks along the frontage of
proposed Loop 288.
Mr. Salmon: Mr. Lloyd Blaylock, President of Lennox Investments, has applied for a variance of
the sidewalk requirement that we have for perimeter streets. This particular development is
surrounded on three sides by perimeter streets, State School Road on the east, Robinson on the
south, and the proposed Loop 288 alignment on the west. The developer has agreed to install
sidewalks in accordance with the city regulations in the subdivision with the exception of the
frontage along the proposed Loop 288. He bases the request on several factors that surround the
need to have that sidewalk considering what the development is and how it will function. This is
an exaction variance and your recommendation will be passed onto City Council. Staff is
recommending that this variance be granted for several reasons. None of the lots will t, ce Loop
288, none of the streets will have access to Loop 288 and there will not be any driveways along
Loop 288. As a condition of the zoning that you approved some time ago there is a condition that
there be a bufferyard and a screening fence along that entire side of the development so there would
be no physical way for anyone in the subdivision to access this sidewalk. Staff is recommending
that an exaction variance be granted for those reasons. We don't see that this particular
development creates a need to have a sidewalk there. Also because that alignment has not been
decided yet, there has been no design work, and a sidewalk constructed there would have a very
high chance of being torn out at a later date.
Mr. Moreno: 1 move that a variance be granted for Oakmont 11 subdivision for sidewalks along
Loop 288 due to lack of reasonable connection to the needs of the subdivision.
Mr. Cochran: Second
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
C. Consider the preliminary plat for Oakmont 11.
Mr. Ree,es: Some of the public improvements that will be associated with this plat are interior
streets, sidewalks, sewer and water. We will actually get a right-of-way dedicaiton for the proposed
alignment of the Loop. DRC recommends approval.
Ms. Ganzer: 1 move that we approve the preliminary plat of Phase I of Oakmont It.
Mr. Moreno: Second.
Ms. RUssell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
VII. Hold a public hearing and consider a request for a specific use permit on a 4.226 acre tract located
on the west side of Interstate 35, approximately 2,200 feet north of Schuyler. The request is for
an overnight campground. (Z-96-037)
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Agenda No.
Agenda Item, s _
CITY COUNCIL REPORT FORMAT Date-`/-'Z-~13
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
DATE: December 3, 1996
SUBJECT: Caasider approval of exaction variances to Sections 34-124(e) pertaining
to drainage design standards; Section 34-116(e) pertaining to fire flow;
and Section 34-116(c) pertaining to fire hydrants, This 53.17 acre tract
is approximately 950 feet south of Milam Road, east of Interstate 35,
The property Is located in Division 1 of the City of Denton's ETJ
(extraterritorial jurisdiction). (Milam Creek Ranch, Phase 2)
RECOMMENDATION:
The Planning and Zoning Commission recommends approval of the variances, five in
favor, none opposed (5-0).
SUMMARY:
See Planning and Zoning Commission Reportt,
BACKGROUND:
See Planning and Zoning Commission Report.
PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED
Individuals who purchase the property and the Fire Department.
FISCAL IMPACT:
None.
Please advise if I can provide additional information.
Respectfully submitted:
Ted Benavides
City Manager
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Prepared by:
Do a K. Batem n
Senior Planning Technician
Approved:
11~-/ 0 - 1 ve-va
Rick Svehla
Deputy City Manager
Attachments #1-3: Planning and Zoning Commission Reports.
Page 2
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ATTACHMENT 1
PLANNING AND ZONING COMMISSION REPORT
DATE: December 3, 1996
TO: Mayor and Members of the City Council.
FROM: Planning and Zoning Commission
SUBJECT: VARIANCE TO SECTION 34-124(e), DRAINAGE DESIGN STANDARDS
FOR MILAM CREEK RANCH, PHASE 2.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY:
The 53.17 acre tract is approximately 950 feet south of Milam Road, east of Interstate
35. The property is located in Division 1 of the City of Denton's ETJ (extraterritorial
jurisdiction).
BACKGROUND:
Brian Burke, representing the owner of Milam Creek Ranch Subdivision, has applied
for a variance of Section 34-124(e) of the Code of Ordinances concerning drainage
design standards. The cited section requires that channels not associated with a
floodplain be lined or replaced with underground pipes.
The road side borrow ditches in the south portion of this subdivision will outfall into a
proposed drainage swale at the east side of lot 12 which flows in a southwesterly
direction into the proposed Phase III. The owner proposes to construct this drainage
swale with a grass lining and would dedicate a drainage easement wide enough to
provide an access way for maintenance parallel to the channel. Rock rip rap will be
used at the bend to prevent erosion at that location.
The request is based on the lack of a reasonable connection between the required
improvement and the proposed development. This "exaction variance" was
recommended to the City Council after the Commission determined that:
Where the commission finds that the imposition of a development exaction pursuant to
these regulations exceeds any reasonable benefit to the property owner or is so
excessive as to constitute confiscation of the tract to be platted, it may recommend
approval of variances to waive such exactions, so as to prevent such excess, to the city
council. Waiver of developmental exactions shall be approved by the city council.
If the owner would install pipe, as required by ordinance, it will cost between $25,000
and $30,000. Staff believes that the ordinance requirement may actually be a
detriment to proper drainage function in this case as the water would go from open
borrow ditch to an enclosed pipe back to an open channel in a relatively short
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distance. The improvements proposed by the applicant will cost approximately
$7,000. Staff recommended a partial variance from the current requirement. Staff
proposed that a channel be constructed with a 10 foot wide pilot channel at the
bottom that would carry low flows and would provide a hard surface that would not
allow the center of the channel to grow up In brush. It would also provide a solid
staging area for large equipment to drive on when channel maintenance is necessary.
This option would cost approximately $19,000. Staffs main objection to the
applicant's proposal was that this is a new channel where there has not been one
before (as opposed to a natural channel). Artificial drainage courses do not function
the same way a natural one does and are more subject to erosion and maintenance
problams.
RECOMMENDED ACTION:
The Planning and Zoning Commission recommended approval of the exaction
variance, as proposed by the applicant.
ENCLOSURE:
1. Location Map.
2. Proposed Final Plat.
3. Letter frorn applicant.
4. Planning and Zoning Commission minutes of November 13, 1996.
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ENCLOSURE 1 NORTH
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Location Map
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Page 6
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ENCLOSURE 3
02 November 1996
Chairperson
Development Review Committee
City of Denton, Texas
221 N. Elm Street
Denton, Texas 76201
Re: MILAM CREEK RANCH, Phase 2
Gentlemen:
PFS Development, Inc., developer of this estate subdivision, instructed me to apply
for an enaction variance. The variance applies to concrete bottom lining for a
storm drain ditch. (Refer to Article III, Chapter 34 of the Denton Subdivision and
Land Development Regulations.)
The drainage ditch is located on Lot 12, Phase 2. The developer prefers an earth
ditch with grass lining, rock reinforcement at critical locations, and a parallel
vehicle access path within the oversized public drainage easement. PFS has
developed and sold many estate lots. They believe the nature of this subdivision is
consistent with grass lining, but that it would be adversely impacted by a concrete
channel.
Please give this request your favorable consideration.
Respectfully,
Brian Burke, P.E.
xc: Mr. David Fulton (PFS DEVELOPMENT, Inc.)
BRIAN BURKE P.E.
1318 Auburn Drive
Denton, Texas 76201
(817) 382-4948
(Voice & PAX)
Page 7
a
ATTACHMENT 2
PLANNING AND ZONING COMMISSION REPORT
DATE: December 3 1996
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Commission
SUBJECT: VARIANCE TO SECTION 34.116(e), WATER CAPACITY FOR FIRE FLOW
FOR MILAM CREEK RANCH, PHASE 2,
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY:
The 53.17 acre tract is approximately 950 feet south of Milam Road, east of Interstate
35. Tho property Is located in Division 1 of the City of Denton's ETJ (extraterritorial
jurisdiction).
BACKGROUND:
The applicant requests an exaction variance from Section 34-116(e) of the Code of
Ordinances, pertaining to water capacity for fire flow, for Milam Creek Ranch, Phase
2. Thrs se„tion of the Subdivision and Land Development Regulations states:
Every development shall provide adequate water capacity for fire protection purposes.
Unless buildings In the development are provided with fire protection by means of
automaflc sprinkler systems In accordance with Chapter 28 cf the Code of Ordinance,
each development shall provide the following minimum water capacity (calculated with
twenty (20) pounds of residual pressure). For low-intensity residential use, that capacity
Is 500 gallons per minute at 20 pounds of residual pressure.
The request is based on the lack of a reasonable connection between the required
improvement and the proposed development. This "exaction variance" was
recommended to the City Council after the Commission determined that:
Where the commission rinds that the Imposition of a development exaction pursuant to
these regulations exceeds any reasonable benefit to the property owner or is so
excessive as to constitute confiscation of the tract to be platted, it may recommend
approval of variances to waive such exactions, so as to prevent such excess, to the city
council. Waiver of developmental exactions shall be approved by the city council.
Adequate water capacity could be achieved by connecting to the City's existing 16
Inch line on North Bonnie Brae and Loop 288. The distance to tie on would be
approximately 17,500 linear feet (3,3 miles). At the average cost of $25.00 per linear
foot, the total cost of assuring adequate fire flow would be approximately $437,500.
ENCLOSURE:
1. Proposed Final Plat.
Page 6
a
nVS7f• »4ras' Mir a7.'.rte'r
ENCLOSURE 1 ~t0u• sfYS~s 'my ,e.'auOr
a6ronr »+na a*ar ,1s srrs t
7
0SO z
r°
M I~
aaa _ _ ' i i*S
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MLAM CREEK RANCH PHASE I
T'
r • I
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ne•wf~ty ,
t
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Page
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III
ATTACHMENT 3
PLANNING AND ZONING COMMISSION REPORT
DATE: December 3, 1996
TO: Mayor and Members of the City Council
FROM: Planning and Zoning Commission
SUBJECT: VARIANCE TO SECTION 34-116(c), FIRE HYDRANTS FOR MILAM
CREEK RANCH PHASE 2.
RECOMMENDATION:
The Planning and Zoning Commission recommends approval.
SUMMARY:
The 53.17 acre tract is approximately 950 feet south of Milam Road, east of Interstate
35. The property is located in Division 1 of the City of Denton's ETJ (extraterritorial
jurisdiction).
BACKGROUND:
The applicant requests an exaction variance from Section 34-116(c) of the Code of
Ordinances, pertaining to fire hydrants, for Milani Creek Ranch, Phase 2. This section
of the Subdivision and Land Development Regulations states:
Fire hydrants shall be a maximum of six hundred (600) feet apart in residential areas and three
hundred (300) feet apart In commercialfindustrial areas.
The request is based on the lack of a reasonable connection between the required
Improvement and the proposed development. This "exaction variance" was
recommended to the City Council after the Commission determined that:
Where the commission rinds that the imposition of a development exaction pursuant to
these regulations exceeds any reasonable benefit to the property owner or is so
excessive as to constitute confiscation of the tract to be platted, it may recommend
approval of variances to waive such exactions, so as to prevent such excess, to the city
council. Waiver of developmental exactions shall be approved by the city council.
In order to serve the proposed lots with an adequate amount of fire hydrants, the
applicant would need to provide approximately three (3) fire hydrants at the average
cost of $2,500 each. The total cost of installing the fire hydrants would be
approximately $7,500. If the variance to Section 34-116(e) is approved, it would be a
moot Issue to install hydrants without the necessary water lines. A variance however,
must still be approved in order to waive the hydrant requirements.
ENCLOSURE:
1. Proposed Final Plat.
Page 10
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•K'f/ot' f0'is7s' .eLfY t q's/Y,'L
nvnv n•:ns' tan' s re•arnv
ENCLOSURE 1 roan, uJ/Y/' te.n' tr ta•gYtb
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I k
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app
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9 I t 2.45 fCREi OtD
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2 10
3.26 ACRES WEST 129 IO' ToSuI:j,G.opgr•JLO.W.
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2,99 ACRES
NOTES:
4.12 ACRES d:►.1~4. rut ,sr,f
1. italtr slr.iee It
' p O E. Sen:rrrj
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akC t + 13
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WAISS FILM 6, TIN0*4 $&,(cetr
f. lm lti t I1wr6t.{an
Page
P&Z Minutes
November 13, 1996 DRA
Page 19 ENCLOSURE 4
XI. Milatn Creek Ranch, Phase 2. The 53.17 acre tract is located south of Milam Road.
a. Consider a variance to Section 34-124{f) co+icerning drainage design standards.
Mr. Salmon: Brian Burke, representing the owners of the Milani Creek Ranch Subdivision, has
applied for a variance of Section 34-124 of the Code of Ordinances which concerns drainage design
standards. The particular section that the variance is being requested for requires that channels not
associated with the iloodplain either be lined or have underground pipes installed. The proposed
If subdivision is located on F.M. 3163 which is quite a ways north of our City limits. We are looking
at Phase II of Milam Creek Ranch. Phase I is directly to the north and has already been
constructed. They did have a variance associated with Phase 1. They have a couple of natural
drainage channels in Phase 1 and staff recommended that they be left in their natural condition as
long as an easement was provided, which the developer did. In doing the design work Brian
determined that an additional drainage course was going to be necessary in order to make this work
properly. What they are going to be doing is running their drainage down Milani Ridge Road down
to the end of the cul-de-sac and at that point it will go into an artificial channel down to the south
property line and then over to the west a couple of hundred feet into a natural floodplain area, The
applicant has based the valiance on the cost of the particular improvement that is being required oy
our ordinance, and in addition questioning whether our ordinance requirements are really
appropriate for large acreage developments. This makes it an exaction variance which means you
will be mpl:ng a recommendation to the City Council. In this instance I think that the amount of
water going through this easement is small enough that we could require a pipe system. Diming a
rough estimate a pipe system in this area would cost about twenty-five to thirty thousand dollars.
The applicant is proposing a grass lined drainage channel with a ten foot bottom width and an
easement wide enough to allow for maintenance and that will cost about seven thousand dollars.
Our crdinnrice would require an underground pipe system with a slight overflow Swale. Staff is
recomme,tding a combination, a ten foot wide concrete pilot channel with grass side slopes. The
Staff proposed option would probably cost of in the range of nineteen or twenty thousand dollars.
When you have channels that are not parallel to the road they are not as easy to maintain. We like
to have them designed so that they won't have to be maintained for a long time and it they do have
to be maintained then it is easy to do so. By having a concrete bottom this channel will not need
any major maintenance for s,.veral years and it would provide in the future an area that heavy
equipment could drive on to do maintenance work. We agree that a pipe system is not a reasonable
thing in this situation. This drainage channel is going to be about four hundred and fifty feet long.
Ms. Russell: Is the owner here? I guess not. Commissioners, any questions?
Mr. Cochran: The concrete channel seems a reasonable thing except that every time 1 have seen
one it has been completely eroded along the sides after two years. It seems to me that in a situation
like this some sort of natural material would be appropriate because at least there is a possibility of
having grass on the bottom that would hold stuff together there. The problem here is that it makes
this angle, this turn, and I suppose that is the developer's choice, this F. going to cause a lot of
pressure on the far side of that. What about the possibility of straightening that out and going with
natural material?
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P&Z Minutes DRAFT.
November 13, 1996 Page 20
Mr. Salmon: The applicant has agreed to put some kind of rock rip rap in that corner to prevent
erosion. They will place large rocks in that bend to help prevent erosion. Whether the channel is
lined or not we are going to require that the channel velocity be such that it would not be erosive.
The channels that you are talking about in town, the reason that has happened is that the slope of
the channels is such that the water has an erosive velocity. Hopefully this one will be designed with
a lower velocity.
Mr. Cochran: If it has a lower velocity then is concrete needed?
Mr. Salmon: Concrete is needed in most instances for a staging area for maintenance vehicles, and
also to keep cat tails and things like that from growing up immediately.
Mr. Cochran: Who will be maintaining this easement and the road?
Mr. Salmon: I understand that the county will maintain the road and at this point the county does
not maintain drainage easements.
Mr. Powell: What is Mr. Burke proposing?
Mr. Salmon: They are proposing the grass lined channel and Mr. Burke has put a lot of work into
this design to try to overt some of the problems that we have with them. He has designed it with
an exceptionally wide bottom So that there won't be a lot of velocity and they are proposing and
extra wide easement for maintenance vehicle access. They have tried to address some of the issues
that staff would be concerned about. Their proposal is the grass lined channel and our proposal is
the concrete pilot channel.
Mr. Powell: I would like to discuss this issue. Mr. Burke has a long experience with us and while
I don't always agree with him, he always has what 1 consider a forthright approach. I would like
to postpone this until we can hear from Mr. Burke.
Mr. Cochran: 1 would move that we recommend this variance as Mr. Burke has proposed to the
City Council.
Mr. Powell: Second,
Ms. Russell: Any discussion? All in favor of the motion please raise your right hand. Opposed
same sign. (5-0)
b. Consider a variance to Section 34-116(e) pertaining to fire flow.
e. Consider a variance to Section 34-116(c) pertaining to fire hydrants.
Ms. Bateman: We can address this together but you will need to have two votes. This property
is in Division 1 of the ETJ and our Subdivision and Land Development Regulations require that
every development provide adequate water flow for fire protection. The applicant has requested
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November 13, 1996
Page 21 A L J ` F T
an exaction variance based on the cost. The closest water line available to achieve proper water
capacity would be the City of Denton's existing sixteen inch line which is approximately 3.3 miles
away. This would cost approximately four hundred and thirty-seven thousand dollars to obtain.
Staff is recommending approval. Pertaining to fire hydrants this is a moot issue, if they don't have
the water flow then the fire hydrants would be useless. Three fire hydrants would be required out
there at a cost of approximately seventy-five hundred dollars.
Mr. Powell: 1 move that we recommend approval of the variance request for Section 34-116(e) for
Milam Creek Ranch Phase 11.
Mr. Cochran: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
Mr. Powell: 1 move that we recommend approval of the variance request for Section 34-1160 for
Milam Creek Ranch Phase I1.
Mr. Cochran: Second
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (5-0)
XII. Tremont Addition. The subject property is in Planned Development 158 (PD-158), consists of
4.104 acres, and is located on the west side of Highland Park Road, at Westridge.
a. Consider a variance of Section 34-114(5) requiring perimeter street paving of Highland Park
Road.
Mr. Salmon: Brian Burke representing the owner has applied for the variance from Section 34-
114(5) concerning perimeter street paving. This particular development has two hundred and sixty-
three feet of frontage on Highland Park Road. We went out and cored the asphalt and it was
approximately three and a half inches thick. The required section it to reconstruct The applicant
is proposing to leave the existing road in place and add some additional road with curb and gutter
so that the road will line up to the south. This is a physical hardship which is based on five criteria
and can be granted by the Commission. Staff cannot recommend this variance. Staff feels that
there could be a safety hazard. There is not an unusual slope there is a road to tie into. The
developers hope to impact the neighborhood as little as possible, If the developer does the required
perimeter paving it will still appear the same to the driving public. This particular section of the
road is about nine percent of its total length and will generate thirteen percent of the traffic. The
propo Staff doesn't think that there is a physical hardship.
Mr. Powell: Are we asking him to build
Mr. Salmon:
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-yenda Mo.- 9t: dS~B
'Agenda Item
ORDNANCE NO. Date
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:
S=ON-1. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached heretu are
hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM
NUMBER 110 VENDOR AMQM
1963 ALL SIEMENS ENERGY & AUTOMATION, INC. $58,944.00
SECJ10N1I. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
1
t
Y
SECTION IV, That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a wri tten contract made pursuant thereto as
authorized herein.
SECM0 N V, That this ordinance shall become effective imm
approval. ediately upon its passage and
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
a
BY:
SUPPLY.ORD
2
e
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DATE: DECEMBER 3, 1996
CITY COON 211, REPORT
TO. Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: BID #1963 - 69KV CIRCUIT BREAKERS
RECOMMENDED: We recommend this bid be awarded to the low bidder, Siemens Energy &
Automation, Inc., in the total amount of $58,944.00.
03M : This bid is for the purchase of two, 1200 amp, 69KV, outdoor, SF6, Puffer Circuit
Breakers, which will replace older model unreliable circuit breakers in use at the Locust Street
Substation.
The two breakers to be replaced are at the Locust Street Substation. They were installed in 1974. These
breakers are type ITE OCB (Oil Circuit Breaker), 69 KV (69,000 volt), 1,200 amp. The breakers are
old and the maintenance cost averages about $1,000 per year. Parts for these breakers are hard to find.
The breakers to be changed out are Locust-330 and Locust-340. The existing GCB's are borderline in
their fault current clearing capability. By going through with the replacement, it increases the reliability
and integrity of the 69KV loop.
This changeout is partof an ongoing project which started in 1992 to run through 2002 to replace two
breakers per year. We have installed 10 of the 21 breakers in this project.
Four bid proposals were received in response to twenty bid packages mailed to vendors.
PROGRAMS, DEPARTMENTS OR-GRGUPSAEFECTED-
FISCAI,I1YIPACT: Electric Substation Budgeted funds for 1997, account # 610-132-1032-3530-
9217.
Exhibits: 1. Tabulation Sheet
Respectfully submitted:
Teed Benavides
prepared by: City Manager
Name: D Wise Ha of
Title: Senior Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
795.AGUMA
3
'BID # 1963 -
IBID NAME 69KV CIRCUIT BREAKER MITSUBISHI SIEMENS AEG WESCO
ELECTRIC T & D
OPEN DATE NOVEMBER 5,1996
I# QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR
1. 2 EA CIRCUIT BREAKER, 69KV
SF6OUTDOOR 537,000.00 529,472.00 $32,990.00 533,114.00
MANUFACTURER MITSUBISHI SIEMENS AEG ABB
MODEL # 70SFMT SPS-72. s- DTI-72.S 72PM 31-20
31.53PST Fi
180 DAYS 14 WEEKS 112.140 DAYS 112 DAYS
NO BID
i
FEDERAL PACIFIC CO.
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Agenda No.-~
7
ORDINANCE NO. Agenda Item
Date-
AN ORDINANCE PROVIDING FOR THE EXPENDITURE OF FUNDS FOR PURCHASES OF
MATERIALS OR EQUIPMENT WHICH ARE AVAILABLE FROM ONLY ONE SOURCE IN
ACCORDANCE WITH THE PROVISIONS OF STATE LAW EXEMPTING SUCH PURCHASES
FROM REQUIREMENTS OF COMPETITIVE BIDS; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Section 252.022 of the Local Government Code pro-sides 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:
SECTIONI. That the following purchases of materials, equipment or supplies, as described in
the "Purchase Orders" attached hereto, are hereby approved:
PURCHASE
ORDERNUMBER VENDOR AMOUNT
70550 DENTON CENTRAL APPRAISAL $125,060.50
71410 METRON-FARNIER $ 24,540.00
SECTION II. 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.
SECTIONIH. 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.
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SECTION-IV. 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:
SOLESOURCE
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DATE: DECEMBER 3, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER #70850 - DENTON CENTRAL APPRAISAL DISTRICT
RECOMMENDED: We recommend that purchase order #70850 to Denton Central Appraisal
District be approved in the amount of $125,060.50.
SUMMARY: This purchase order is for the City of Denton's 1997 budget allocation for operation
of the Denton Central Appraisal District. The Texas Property Tax Code requires taxing jurisdictions
to approve their Approval District budget each year. The City of Denton Council approved the Denton
Appraisal District budget August 6,1996 (Resolution R96-033). Included in the approved budget was
an estimated $125,060.50 contribution from the City of Denton. The 1997 Appraisal District Budget
has been approved by all entities and the City of Denton Contribution is fixed at the 5125,060.50. The
City of Denton's Contribution is based upon a percentage of our current year tax levy.
The Appraisal District service is a sole source acquisition and exempt from the bid process.
I
PROGRAMS,DEPARTMENTS _OR GROUPS AFFECTED: City of Denton Tax Department
and Denton Appraisal District.
FISCAL IMPACT: Funds for this allocation will come from 1996/97 budget, account # 100-041-
020M-8929 and will be paid on a quarterly basis.
Exhibits: 1. Purchase Order 470850 - Denton Appraisal District
2. Resolution No. #R96-033
3. 1997 Budget Allocations Worksheet
Respectfully submitted:
Ted Benavides
City Manager
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
799.AGENDA
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PURCHASE ORDER NO. 70850 THIS IS A KKK
This number must appear on all CONFIRMING ORDER
invoices, delivery slips, cases, (IF MARKED)
tins., boxes, packing stops and bills. DO NOT DUPLICATE
Re4 No: Bid No: Date: 11 14 96 Page No. 01
CITY OF DENTON TEXAS
PURCHASING DIVISION / 901-B TEXAS STREET if OENTON, TEXAS 76201-4354
8171383-7100 DIFW METRO 8171267-0042 FAX 8171383-7302
VENDOR DENTON CENTRAL APPRAISAL
NAME/ DISTRICT DELIVERY CONFIRMATION ONLY C33
ADDRESS P.O. BOX 2816 ADDRESS FINANCE DEPARTMENT
DENTON TX 76202-2816 215 E MCKINNEY
DENTON, TX 76201
VENDOR ND. DEN36001 DELIVERY QUOTED 09 30 97 FOS DESTINATION BUYER TS TERMS
M
e~ °dk 4"'s:~.on n , t°C,k: 1 a ,k,.,x"a 3F'. PY ° t !ic4: p.'?al:~
LM Lan 74F*~kit
001 125060.50 VENDOR CAT. M N / A MFG NAME 1.000 1251,060.50
CITY $ 94616
FY 1997 BUDGET ALLOCATION PAYABLE IN 4 QUARTERLY PAYMENTS
mr
P GE TOTAL t 125,060.50
GR ND TOTAL s 125,060.50
01 100 041 020M 8929 125,060.50
INSTR
duplicate St
VEIJOpR IICTIOAIS 3. Terms Net 30 estietian repaid Iu.i,.,
1. Send original Invoice with copy.: Shopping n 0rl ctions:^ F.D.B, D „ nationev
5 No federal or state sales taA shatl be included
L Bill to Accounts Payable
Purchasing ivision
215 f. McKinney
I Denton, TX 76201.4299 VENDOR-ORIGINAL
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TERMS AND CONDITIONS
I. INSPECTION: All nutterials ordered are subject to inspection and test by the City full force and in effect throughout the term of this purchase
order.
of Denton Ithe "City"). The City shall have the right to reject or to require correction T WARRANTY: In addition to any warranty implied by few
or fact and any other
of material found not to conform with this purchase order. At the Citys options,
rejected materiel will be held for the Contractor's instruction or, if the Contractor's express warranties, Contractor expressly warrants all items to
be free from defects
risk, returned at the Contractor's expense. Payment for material prior to inspection in design, workmanship and materials; to conform strictly to applicable
specifics
shall not constitute the City's acceptance. lions, drawings, approved samples, if any; and to be fit and sufficient for the pur-
pose intended and to be merchantable. Such warranties, together with all other
2 ACCEPTANCE: Acceptance is limited to the provisions set forth in this order in- servicti~narr nties of Contractor, sbaf run the CCity. ry. All
warranties shall survive
cluding these terms and conditions and those on the face hereof or incorporated
herein by reference. Contractor's performance of any work or shipment of any
materials covered by this order, without having received the City's express written S. WARM ANTY-PRICE: Contractor warrants that the City shelf not
be billed at prices
assent to ■ modification of or addition to the terms hereof shell constitute Con- higher than stated on this purchase order unless authorized by
the City in writing,
tractor's acceptance of these terms despite any language to the contrary in Con- Contractor represents that the prices charged for the goods and
services covered
tractor's quotation, acknowledgement, con}imation or other communication nude by this order is the lowest price charged by the Contractor to buyers
of a class
in response to this order, and such action by the Contractor shall constitute a waiver similar to the City under conditions similar to those specified
in this order and
of any such language. The City's silence or receipt of my. work performed the prices comply with the applicable government regulations in effect at
the time
or materials shipped shall in no event be deemed the Citys acceptance of any terms quotation, sale this lliverysubseq~ntrtaagrees that m y price
reduction wma be ap
terms contained in the Contractor's quotation, acknowledgement, confirmation or
other communication received from the Contractor which are different from or in plicable to this order.
addition to the terms hereof. 9. INDEMNIFICATION: The Contractor shall indemnify, defend, and hold harmless the
3. DELIVERY: Shipment shall be F.O.B. Donlon Prepaid unless otherwise stated. Time City for any and all loss, liability, damages, claims, or demands
attributable to any
is of the essence in the filling of this order. No delays in shipment of equipment copyright infringement or the use of any copyright or compositions,
secret
or materials or rendition of services will be permitted except as authorized by the processes, patented or unpatented inventions, articles or applicance
furnished or
City in writing. Please notify The City at once of anticipated delay. Excessive or used under a purchase order resulting from this quotation
unusual transportation charges caused by Contractors inability to perform by The Contractor guarantees and agrees to indemnify, defend and hold harmless
the
specified date and in specified quantities shall be charged to contractor City against any and all loss, liability, damages, demands, claims or costs
arising
4. CANCELLATION: Right is reserved to cancel this order if Contractor has not per- out of defective material and products, faulty work performance,
negligent or
formed by specified date and in specified quantities or if any other term or condi- unlawful acts, and non-compliance with any local, state or federal
codes,
lion is not complied with In the event of cancellation pursuant to this clause, the ordinances, orders or statutes, including the Occupational Safety
and Health Act is in City may procure similar articles or services elsewhere by purchase order or other- rhis guarantee
or imaddiittion to and not intended as a limitation in any other war-
wise and Contractor shall be liable to the City for excess costs.
5. COMPLIANCE WITH LAWS AND REGULATIONS: Contractor agrees that he will 10. CLEAN UP: if work is performed on City property, work shall not be
considered
comply with all federal, state and local laws and regulations applicable to the pro- complete until all rubbish ,nd unused material due to, or connected
with, the work
duction, sale and delivery of the goods or the furnishing of any labor or services is revoked and the promises are left in a safe and tidy condition.
called for by this order, and any provisions required thereby to be included herein
shall be deemed to be incorporated herein by reference. 11. MISCELLANEOUS: These terms and conditions are in addition to and not intended
as a limitation on any other terms and conditions agreed to between both parties.
6. INSURANCE: The Contractor shall maintain insurance acceptable to the City in 12. No officer or employee of the City of Denton shall have a
financial interest, dir-
ect or indirect in any contract with the City of Damon.
IMPORTANT: PURCHASE ORDER NUMBERYAND TdE MAILEDI TO ICE MUST REFERENCE
CITY OF DENTON
ACCOUNTS PAYABLE
215 E. MCKINNEY ST.
DENTON, TX 76201-4299
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A:\CENTAPPR.RES
RESOLUTION NO. RjZL-A0,j3
A RESOLUTION OF THE CITY OF DENTON, TEXAS, APPROVING THE 1996-1997
BUDGET OF THE DENTON CENTRAL APPRAISAL DISTRICT; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the 1996-97 proposed budget of the Denton Central
Appraisal District was submitted to the City of Denton before July
23, 1996; and
WHEREAS, the Denton Central Appraisal District adopted this
proposed budget on July 25, 1996; and
WHEREAS, the City of Denton has 30 days from the adoption of
the proposed budget by the Denton County Appraisal District to
adopt a resolution approving or disapproving it; and
WHEREAS, the proposed budget contains a list showing each
proposed position, the proposed salary for the position, all
benefits proposed for the position, each proposed capital expendi-
ture, and an estimate of the amount of the budget that will be.
allocated to the City of Denton, Texas; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City Council, pursuant to Article 6.06 of
the Texas Tax Cade, approves the 1996-97 budget adopted by the
Denton Central Appraisal District.
SECTION II. That this resolution shall become effective
immediately upon this passage and approval.
PASSED AND APPROVED this the( day of , 1996.
JA !BILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: (111A, Z64
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
5
BY:
1997 BUDGET ALLOCATIONS WORKSHEET
"ALL FIGURES ARE ESTIMATES
% OF DENTON OUT OF 1997
1995 TOTAL COUNTY COUNTY BUDGET
JURISDICTION TAX LEVY LEVIES CHARGES CHARGE ALLOCA110
SCHOOL DISTRICTS:
ARGYLE ISO S3.284,767.6t 1.401% 538,126.87 $38,123.87
AUBREY ISO $1,482,613.78 0.632% 517,208,96 $17,208.96
DENTON ISO 539,396,301.76 16.797% $157.279.73 $457,279.73
KRUM tSO $1,465,481.29 0.625% $17,00946 317,009.86
LAKE DALLAS ISO S4,979.101.60 1123% 557,800.26 557,800.26
LEIMSVILLF ISO S62,629.S22.93 35,231% $@:59.095.24 $969.095.24
LITTLE S % !SO $2,200,203.77 0.936% 525,538.15 $?S.S38.15
NORTH%SJTISO $14,342,74622 8.115% 5166.478.75 $63,14200 5229.820.75
PILOT POINT ISO 52024,336.37 0.663% $73,496.62 $13,588.00 537.064.82
PONDER ISO $88:3,264.16 0.368% $10,020.29 $10,020.29
SANGER ISO h 672.95107 1.140% 531,025.41 531,023.41
SCHOOL DISTRICTS TOTALS $155,341.89J.56 66.233% $1,803,060.34 $78,710.00 $1,679,790.34
DENTON COUNTY $33.351.181.76 14.220% 5387,112,97 $0.00 $387.112.97
CITIES:
CITY OF ARGYLE $347,007.08 0.148% $4,027.77 $4,027.77
CRYOFAUSREY 5100,347.60 0.011% $1,164.75 $1,164.75
TOWN OF BARTONVILLE $87,756.98 0.036% 81,041.82 $1,041.82
CTTYOFTHECOLONY $4,718091.01 2012% $64,764.66 $64,764.66
TOWN OF CORINTH 81,078,219.76 0,40% $12491.87 512,491.87
TOWN OF COPPER CANYON $83,430,02 0.036% $968.39 3966.39
CFTYOFDENTON 510,774,414.15 4.594% $125,060.50 $125,06010
CITY OF DOUBLE OAK 5200,610,12 0,068% $1330.64 $2,330.34
CRY OF FLOWER MOUND 36.750,707.37 2678% $76,336.63 976,356.63
TOWN OF HACKBERRY 311,166.37 01006% $129.63 $129.63
TOWN OF HICKORY CREEK $282,089.99 0120% $3,274,27 $3,274.27
CITY OF HIGHLAND VLO 53,121,720.01 1131% SM.234.35 $36.234.35
CRY OFJUST! N $126,690.20 0.054% 51,470.52 51,470.52
CITY OF KRUGERVILLE $35,218.88 0.015% $408.79 $406.79
CITY OFKRUM $91,631.54 0.019% $1,063.58 $1,063.58
CRY OF LAKE DALLAS $569,256,20 0143% $8,607.48 56,807.46
CITY OF LAKEWOOD VILLAGE S25,51154 0.011% 529614 $296.14
CITY OFLEWISVILLE $11,778,678.06 5.022% 5136,117.16 $94.00 $136,611.16
CRY OF LITTLE ELM $158,041.33 0.067% $1,634.41 $1,834.41
CITY OF MARSHALL CREEK V.059 36 0,=% $6114 581.94
CITY OF NORTHL.AKE 540,523.10 0.017% $470.36 5470.36
CRY OF OAK POINT $168,75610 0.072% $1,958.78 $1,958.78
CRY OF PILOT POINT 5436,059.75 0.186% $5,061.42 $5,061.42
CITY OF PONDER $20,34x 75 0.009% 5236.15 $236.15
CRY OFROANOKE 5392,667,63 0.168% $4,560.08 54,56408
CITY OF SANGER S373.47700 0.159% 54,335.01 +4.33$.01
CITY OFTR0PHYCLU0 21.006,98918 0.429% $t 1,886.31 i $11,688.31
CITIES TOTALS 542.786.96983 18,243% 5496.635.79 $94,00 $496,729,79
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DATE: DECEMBER 3, 1996
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER #71410 - METRON-FARNIER
RECOMMENDED: We recommend that purchase order #71410 to Metron-Farrier be approved in
the amount of $24,540.00.
SUMMARY: This purchase order is for the purchase of several Spectrum single jet water meters.
These meters are intended to be installed as a pilot evaluation program. The Spectrum single jet
meters would replace our current compound meters with a higher accuracy rate, lower maintenance
and lesser installation cost if the supplied data is correct. Conducting our own evaluation by putting
several meters in our system will give us dependable data necessary to make decisions about high
volume meter installations.
The Spectrum meter is a sole source acquisition protected by certain patents and available from only
one source. Purchases of this type are exempt from the bid process as outlined in Chapter 252 Texas
Local-Governmental Code.
PROGRAMS,-DEPARTMENTS_ OR_ GROUPS_ AFFECTED: Water Meter Shop, Meter
Evaluation Program.
FISCAL.IMPACT. Funds for the purchase of these evaluation meters will be taken from 1996-97
budget funds, account #620-081-0462-9115.
Exhibits: I. Purchase Order #71410 - Metron-Farrier
2. Sole Source Statement dated 11-5-96
Respectfully submitted:
ed Benavides
City Manager
Approved:
Qi) ptz~
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
793.AGENDA
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PURCHASE ORDER NO: 71410 THIS IS A XxX
CONFIRMING ORDER
This number must appear all . (IF MARKED}
invoices, delivery slips, cases,
ctns., boxes, packing slips and bills. DO NOT DUPLICATE
Re4 No: Bid No: Date: 11 18 96 Page No. 01
CITY OF DENTON TEXAS
PURCHASING DIVISION 1901-B TEXAS STREET I DENTON. TEXAS 76201-4354
8171383-7100 DIFVV METRO 8171267-0042 FAX 817/383-7302
t VENDOR METRON-FARNIER
NAME/ 5661 AIRPORT BLVD STE B DELIVERY CONFIRMATION ONLY C28
ADDRESS ADDRESS WATER METER SHOP ~
BOULDER CO 80301 901 A TEXAS ST
DENTON, TX 76201
MILLARD JONES
VENDOR N0. KET49000 DELIVERY QUOTED 11 30 96 FOB DESTINATION BUYER TS TERMS
ii. tF i'0"::n d< <~r>:, r'• h: 'ewe. ~,`..?.tr..aw~r :S !t4.:. Ran <ak::.
..t; .~'riw z 3
001 1.00 EA VENDOR CAT. A N / A MFG NAME 2,610.000 2,610.00
CITY 0 89045
SPECTRUM - 440, 4"
002 1.00 EA VENDOR CAT. # N / A MFG NAME 150.000 150.00
CITY A 89045
4" SPOOL - 11" LL 2" TP
003 4.00 EA VENDOR CAT. # N / A MFG NAME 2,085.000 8,340.00
CITY # 89045
SPECTRUM - 260 4"
004 4.00 EA VENDOR CAT. # N / A MFG NAME 150.000 600.00
CITY # 69045
4" SPOOL - 15" LL, 2" TP
P GE TOTAL 11,700.00
€+~hloon INSTRUCTIONS 3. Terms - Net 30 +u^i+++ can.,........
i 1. SeM original invoice with duplicate COPY, 4. Shipping instructions: F.O.B. Oesunation prepaid to^a...,.ci,.al
! 2 Bill to - Accounts Payable S. No federal or state sales tax shall be included Purchasing Division
215 E. McKinney St in prices billed.
Ocriton, K„762pt•~299 PURCHASING
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PURCHASE ORDER NO: 71410 THIS IS A XxX
This number must appear on all CONFIRMING ORDER
invoices, delivery slips, cases, . (IF MARKED)
tins., boxes, packing slips and bills. DO NOT DUPLICATE
Req. No: Bid No: Date: 11 18 96 Page No. 02
PURCHASING DIVISION / 901 B TEXXANTONf T~EXASEXAS 76201-4354
8171383-7100 DIFW METRO 817/267-0042 FAX 817/383-7302
VENDOR NETRON-FARNIER
NAME/ 5661 AIRPORT BLVD STE B DELIVERY CONFIRMATION ONLY C28
ADDRESS ADDRESS WATER METER SHOP
BOULDER CO 80301 901 A TEXAS ST ai
DENTON, TX 76201
MILLARD JONES
VENDOR NO. MET49000 DELIVERY QUOTED 11 30 96 FOB DESTINATION BUYER TS TERMS
Ww
,z Y;'..
005 7.00 EA VENDOR CAT. A N / A MFG NAME 1,350.000 9,450.00
CITY $ 89045
SPECTRUM - 175. 3"
006 7.00 EA VENDOR CAT. 4 N / A MFG NAME 150.000 1,050.00
CITY 0 89045
3" SPOOL - 12" LL, 1.5" T.P.
007 12.00 EA VENDOR CAT. $ N / A MFG NAME 195.000 2,340.00
CITY t 89045
SCHLUMBERGER TOUCH
METERS TO CONTINUE PILOT PROGRAM FOR EVALUATION OF THIS
TYPE METER
P GE TOTAL s 12,840.00
GR ND TOTAL s 24,540.00
01 620 081 0462 9115 24,540.00
rVEN00R INSTRUCTIONS 3. Terms - Nei 30 w.a .m.,.. p. n,.a)
1 SanA original Involce with duplicate copy. 4. Shipping instructions: F.O.B. Destination prepaid iu,„%.m...... .p.opw
t Bdl to Accounts Payable S. No federal or state sales tax Sheri be included
( 215 E. McKinney St. in prices billed. Purchasing Division
Denton. ix 78201 4199 PURCHASING
KT
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6-17-1995 1:59AM FRO 1 P.1
Ilk
5661 Airport Blvd., Suite B Boulder, CO 80301
Dam: November S, 1996 Fax: (817) 383-7334
To: City of Dentoq TX Attn: Dan Kirkle
From: Matt Laird
Manage
Mr. Kerkel:
The Spectrum meter offered by Metron-Farmer is the only Single-k4 type water meter
available in the United States. Further Metron-Far.,ier is the exclusive U.S. supplier of
Spectrum water meters. The Worldwide patents for this meter are N90-0-02-3848.0
and N90-0-01-389.5-0. Thee is no other U.S. vendor for Spectrum meters or any other
water meter similar in operation or performance.
Very Best Rsgards,
Matt Laird
Marketing Manager
10
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Agenda No. /ta
Agenda Item 8
Date
ORDINANCE NO.
AN ORDINANCE AWARDING A CONTRACT FOR THE PURCHASE OF MATERIALS,
EQUIPMENT, SUPPLIES O;2 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:
SECnOILI. 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 YENDDR AMOUNT
71445 TAS OF DENTON $ 50,000.00
71446 GRAY'S WHOLESALE TIRE $20,000.00
SECTION _II. That by the acceptance and approval of the above numbered iteras set forth
in the attached purchase orders, the City accepts the offer of the persons submitting the bids to the
General Services Commission for such items and agrees to purchase the materials, equipment,
supplies or services in accordance with the terms, conditions, specifications, standards, quantities
and for the specified sums contained in the bid documents and related documents filed with the
General Services Commission, and the purchase orders issued by the City.
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SEC11ON iii. That should the City and persons submitting approved and accepted items set
forth in the attached purchase orders wish to enter into a formal written agreement as a result of the
City's ratification of bids awarded by the General Services Commission, the City Manager or his
designated representative is hereby authorized to execute the written contract which shall be attached
hereto; provided that the 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.
SECTION-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: _
STATE.ORDINANCE
2
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DATE: DECEMBER 3, 1996
CITY-COUNCILAEPORT
TO: Mayor and Members of the City Council
i FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER # 71445 TO TAS OF DENTON
RECOMMENDATION. We recommend Council approve award of Purchase Order 471445 to
TAS of Denton in the amount of $50,000.00.
SUMMARY. This purchase order is for the acquisition of a portion of the tires and tubes as needed
for Fleet Services to maintain the City's vehicles. The current state contract lists all sizes and types
of tires and tubes and awarded vendor for each. The current contract expires July 31, 1997.
The pricing and vendor are from the State of Texas Purchasing General Services Commission contract
and therefore complies with all bidding requirements. Council approved Resolution R92-019 on April
7, 1992 authorizing participation in purchasing programs of the State of Texas Purchasing and General
Services Commission.
PROGRAM S,_DEPARTMENTS OR CROUPS AFFEC"fED: Fleet Services
FISCAL IMPA .T; Funds for 'here purchases were approved in the 1996/97 budget process,
account #730-025-0583-8702.
Exhibits: 1. Purchase Order #71445
2. Memorandum from Jack Jarvis
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
M . a,-O-eg~-
Name: Melanie Harden
Title: Buyer
Approved:
t1 • S
Name: Tom D. Shaw, C. P.M.
Title: Purchasing Agent
796.Aa6NDA
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PURCHASE ORDER NO: 71445 THIS IS A
Ibis martrnr nwsl appear on all CONFIRMING ORDER
lrnolces, delivery slips, cases, (IF MARKED)
tins., boxes, pocking slips and bills DO NOT DUPLICATE
Re4 Na Bid No: Date: 11-19-96 Page No, 1
PURCHASING DIVISOM 90111-b TEXANTONf DEEX~SEXAS 76201-4354
8171383-7100 D/FW METRO 817f267-0042 FAX 8171382-4692
VENDOR
NAME/ TAB OF DENTON DELIVERY
CE:MfEUU. RECEIVING
ADDRESS 521 N. UNIVERSITY ADDRESS FLEET SERVICES
9019 TEXAS ST
DENTON, TEXAS 76201 DENTON, TEXAS 76201
VENDOR NO. TAS49000 DELIVERY QUOTED 07 31 97 FOB DESTINATION BAYER NR TERMS
01 50,000 VENDOR CAT: # N/A NPG NAME $1.00 $50,000.00
CITY # 91503
TIRES AND TUBES AS NEEDED THROUGH JULY 310 1997
a
PAGE AL: $50,000.00
GRAND TOTAL: $50,000.00
01 730 025 0583 8702 $50,000.00
VENDOR W5Tf1UCTI0Na 3. Terms - Net 30
1. Sand pfptrw trivoke with duplitats to".' i 4. Shipping instructions: F.0,8. Destination prepaid Nn aA.rrl,..,.ala.at
L SO to Account$ Payable 5. No federal or state sales tax shall be Included
2I6 E. McKinney St in prices billed Purchasing ivision
i
69,.......:.,J PURCHASING
II
r
WrV0fDB1irr0tl 7MZAf MUNICIPAL BUILDING / 215EMCKINNEY / DENMN,TIXA878201
MEM BA MUM
TO: Purchasing
FROM: Jack J'
DATE: November 2996
SUBJECT: Tire Contractors for Flat Services
This memorandum is to inform the purchasing department that Fleet Service requires
outside vendors for tire replacement and repairs. Tire replacwMas and repairs are nemmy to
keep vehicles In service fbr the city. We recommend to award this contras to whoever receives
the States' contract. Gray's and TAS were the two contractors that the State chose.
Thank You,
6171698.8200 D/FW METRO 434.2629
5
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DATE: DECEMBER 3, 1996
CITY C'O1INCH, REPORT
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: PURCHASE ORDER # 71446 TO GRAY'S WHOLESALE TIRE
RVr0 Ml1WNDATION• We recommend Council approve award of Purchase Order #71446 to
Gray's Wholesale Tire in the amount of $20,000.00.
SUMMARY: This purchase order is for the acquisition of a portion of the tires and tubes as needed
for Fleet Services to maintain the City's vehicles. The current state contract lists all sizes arr types
of tires and tubes and awarded vendor for each. The current contract expires July 31, 1997.
The pricing and vendor are from the State of Texas Purchasing General Services Commission contract
and therefore complies with all bidding requirements. Council approved Resolution R92-019 on April
7,1992 authorizing participation in purchasing programs of the State of Texas Purchasing and General
Services Commission.
PRO .RAMS. DEPART [ NTSOR-GROUPS AFFECTED; Fleet Services
FISCAL IMPACT. Funds for these purchases were approved in the 1996197 budget process,
account #730-025-0583-8702.
Exhibits: 1. Purchase Order #71446
2. Memorandum from Jack Jarvis
Respectfully submitted:
Ted Benavides
City Manager
Prepared by:
Name: M lanie Harden
Title: Buyer
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
797.AGENDA
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THIS 1S A
PURCHASE ORDER N0: 71446 CONFIRMING ORDER
This rxxnber must appear on all (IF MARKED)
invoices, delivery slips, cases, DO NOT DUPLICATE
ctns., boxes, packing slips and bills.
Date: 11-19-96 Paps No. 1
Reg Na Bid No:
CITY OF DENTON TEXAS
382 4692
PURCHASING 8 1 71383-171 00 D/FW METRO 8171267-0042 FAX 817 354
VENDOR DELIVERY
NAME/ GRAY'S W60LBSAI,S TIRE ADDRESS CENTRAL RECEIVING
ADDRESS P.O. BOX 2561 nEt3T SERVICES
201 N. RUPERT 9018 TEXAS ST
FT WORTH, TEXAS 76113 DmiTON, TEXAS 76201
VENDOR NO. GRA49100 DELIVERY DUDTED 07 31 97 FOB DESTINATION BUYER NH TERMS
yg:
.tp
d w
01 20,000 VENDOR CAT: # N/A MFG NAM $1.00 $20,000
CITY / 91503
TIRES AND TUBES AS NEEDED TEROUGH JULY 31, 1997
n
PA TOTALt $20000.00
GRAND ALt $20o000.OO
01 730 025 0583 8702 $20,000.00
i 3 Terms Net 30
{VENDOR fNSFAUCT10NS 4, Shipping instructions: F.O.B. Destination prepaid or.a.. av... •v ,r. r•dl
{ 1 SW stiprial krvofa with dupiieNe copy. S. No lederal or state sales ua shall be included pure sing ivision
L eiN to Accows Payable ,
McKinn in prices billed.
lib E. eyY St
Osntab l1f 76201-1499
II
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a" of IDLlI YW4 Twf" MUNICIPAL. BUR.DING / 218 F. McKINNEY / DENVON, TEXO 7001
MEMORANDUM
TO: Purchasing
FROM: Jack Ja
DATE: November 1996
SUBJECT: Tire Contractors for Fleet Services
This memoranduat is to Mom the purchasing department that Fleet Services requires
outside vendors for tire replacement and repairs. Tire raplscOGIOnts and repairs Am necessary to
keep vehicles in service for the city. We recommend to award this contract to whoever receives
the States' cwutract. Gray's and TAS were the two contractors that the State chow
Thaak You,
817/Bt3e4wo o/F'WMETR0434.2529
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Agenda No.
P~penda// Ite~~m33~~99~~
Date
~t r
CITY COUNCIL REPORT FORMAT
DATE: November 18, 1996
TO: Mayor and Members of the City Council
FROM: Ted Benavides, City Manager
SUBJECT: Speed Limit Ordinance for Teasley Lane (F.M. 2181) between Dallas
Drive (U.S. 77) and the South City Limits
RECOMMENDATION:
Approve ordinance that alters the speed limits on Teasley Lane between Dallas
Drive and the south City Limits. The proposed ordinance was developed by the
Texas Department of Transportation using their standard methods.
SUMMARY/BACKGROUND:
This ordinance is needed to establish the speed limits on Teasley Lane inside the
City of Denton to allow enforcement of traffic laws. The City of Denton completed
studies of Teasley as requested by TXDOT due to the new Texas and national speed
limit laws, routed them to TXDOT, and then received new separate studies and new
recommended speed limits from TXDOT based on their own studies. Since the
differences are slight (5 mph or less), staff recommends approval. This section
of Teasley has been without control since December of 1995 so staff recommends
approval versus continued discussions with TXDOT.
PROGRAMS. DEPARTMENTS. OR GROUPS AFFECTED.
Teasley Lane is a State Highway under the authority of the Texas Department of
Transportation. Citizens who drive in this area are effected as is the Sam
Houston Elementary School,City staff affected include the Police, and the
Engineering and Transportation Department.
FISCAL IMPACT
TXDOT will handle all the signs on the project including speed limit signs, and
the school zone between IH 35E and the south City Limits. The City of Denton will
place the speed limit signs between US 77 and IH 35E. Cost for our portion is
estimated at $250.
RESPECTFULLY SUBMITTED:
Ted Benavl es
City Manager
Prepared by:
Je y C arc
Di &
or of Engineering and Transportation
Approved:
Je ry C ar
Di a or o Engineering & Transportation
AEE00767
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MEMO
To: Ted Benavides, City Manager
From:71pJxrry Clark, Director of Engineering and Transportation
Subje&f Speed Limit Ordinance for Teasley Lane
Date: November 18, 1996
The speed limit ordinance for Teasley Lane between Dallas Drive and the south City Limits has
been needed since the road was completed in December of 1995. The following is a brief history
of the process.
In October or November of 1995, TXDOT notified us that the new national speed limit laws for
70 mph would effect Denton. They instructed us to prepare speed studies for all our State
Highways and Interstates and recommended a staging order for the studies. The time frames listed
by them were such that the new ordinances had to be in place by early 1996 or all our speed limits
would go to 70 mph. We completed those studies and got them approved by Traffic Safety in
early February of 1996 and then forwarded them to TXDOT. In approximately April of 1996, we
were notified that TXDOT was going to start all over again, do radar studies, and then send their
recommendations to us by June of 1996. We received the Teasley Lane ordinance proposal in late
October of 1996 after the Traffic Safety packet had already been sent out to the Commissioners.
Traffic Safety approved the TXDOT recommended speed zones after expressing their concerns
over the process.
Staff recommends that this ordinance be approved to get the Teasley Lane speed limits legally
established. Our discussions with Stephanie Berry of the Legal Department indicates that this area
has become a real problem to the Municipal Court. Most of the speed limits are within 5 mph of
our recommendations and since we are not sure that TXDOT is open to further negotiations, the
ordinance should be approved. The school zone at Sam Houston is also on this City Council
Agenda and is contingent on being the maximum 20 mph below the speed limit on Teasley. This
speed limit is proposed at 45 mph thus establishing a 25 mph school zone. This is the same as it
was before the construction. Staff had attempted to get the zone down to 20 mph but was not
successful. Those proposals are enclosed but not really relevant now. Council has the ability to
recommend other than the TXDOT proposal. Then TXDOT can approve that alternate or just put
in place their speed limits using the Texas Highway Commissions special powers.
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S1\NPD0CS\0RD\TEASPEED.0RD
ORDINANCE NO.
AN ORDINANCE ALTERING THE PRIMA FACIE SPEED LIMITS ESTABLISHED FOR
VEHICLES UNDER THE PROVISIONS OF SECTION 545.356 OF THE TRANSPORTA-
TION CODE, V.T.C.A., UPON HIGHWAY NO, 2181 OR PARTS THEREOF, WITHIN
THE INCORPORATED LIMITS OF THE CITY OF DENTON; PROVIDING FOR A
PENALTY NOT TO EXCEED TWO HUNDRED DOLLARS ($200.00) ; PROVIDING FOR
A SEVERABILITY CLAUSE; PROVIDING FOR A REPEALING CLAUSE; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, Section 545.356 of the Transportation Code, V.T.C.A.,
provides that whenever the governing body of the city shall
determine upon the basis of an engineering and traffic investiga-
tion that any prima facie speed therein set forth is greater or
less than is reasonable or safe under the conditions found to exist
at any intersection or other place or upon any part of a street or
highway within the City, taking into consideration the width and
condition of the pavement and other circumstances on such portion
of said street or highway, as well as the usual traffic thereon,
said governing body may determine and declare a reasonable and safe
prima facie speed limit thereat or thereon by the passage of an
ordinance, which shall be effective when appropriate signs giving
notice thereof are erected at such intersection or other place or
part of the street or highway; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Based upon an engineering and traffic investigation
heretofore made as authorized by the provisions of Section 545.356
of the Transportation Code, V.T.C.A., the following prima facie
speed limits are hereby determined and declared to be prima facie
reasonable and prudent, and such speed limits are hereby fixed for
vehicles, traveling upon the following named highways, or parts
thereof, described as follows:
That from and after the effective date of this speed zone ordi-
nance, no motor vehicle shall be operated along and upon Highway
No. 2181 within the corporate limits of the City of Denton in
excess of the speeds now set forth in the following limits:
i hwa Extent Speed Limit
FM 2181 From its intersection with the 35 mph
centerline of U.S. 77 south for
0.455 miles.
From 0.455 miles south of its 45 mph
intersection with the centerline of
U.S. 77 to the intersection of
Lillian Miller and Teasley Lane
From the intersection of Teasley 50 mph
Lane and Lillian Miller south for
0.400 miles.
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From 0.400 miles south of the 60 mph
intersection of Teasley Lane and
Lillian Miller to the southern
' city limits.
SECTIQN II. The regulation of the speed of a vehicle under
this ordinance does not apply to:
(1) an authorized emergency vehicle responding to a call;
(2) a police patrol; or
(3) a physician or an ambulan,-e responding to an emergency
call.
SECTION III. An individual adjudged guilty of violating any
provisions of this ordinance, when signs are erected giving notice
thereof, shall be guilty of a misdemeanor, and punished by a fine
not to exceed Two Hundred Dollars ($200.00).
SECTION IV. All ordinances or parts of ordinances in force
when the provisions of this ordinance become effective which are
inconsistent or in conflict with the terms or provisions contained
in this ordinance are hereby repealed to the extent of any such
conflict, except for school zone ordinances which limit the speed
of vehicles for designated time periods.
SECTION V. That if any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas, hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION VI._ 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
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t ATTEST:
JENNIFER WALT7RS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
~ ~ ✓
BY: Al~
Y
F
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it~nr amp
Texas Department of Transportation
P.O. BOX 3087 • DALLAS, TEXAS 752213087 • (214) 320.6100
September 25, 1996
Control 2054-2
F.M. 2181(;-----_,..
Denton County
Subject: Speed Zoning in Denton S&2 7 !
Mr. Jerry Clark U
City Engineer
City of Denton
215 East McKinney
Denton, Texas 76201
Dear Mr. Clark:
Attached for your information and further handling is a blue line print of the speed zone
study on F.M. 2181 in the City of Denton. We believe the recommended speeds will
correspond closely to the speeds at which the normal and prudent driver will drive under the
existing conditions.
Also attached for your information is a sample speed zone ordinance that might serve as a
guide in the preparation of your speed zone ordinance. We will also furnish and install the
necessary signs at the proper locations upon receipt of the signed ordinance from the City
of Denton establishing the new speed limits.
We appreciate the interest you have shown and the cooperation you have given. If we may
be of further assistance, please feel free to contact Mr. Phil Portillo at the above address or
by telephone nt 214/320-6620.
Sincerely,
Terry M. Sams, P.E.
Director of Transportation Operations
Attachments
An Equal Opporrunirv Employer
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TSC Memo
October 24, 1996
page 4
ITEM #4 DISCUSS AND CONSIDER APPROVAL OF AN ORDINANCE THAT WOULD
ESTABLISH SPEED LIMITS ON TEASLEY LANE (F.M. 21811
BETWEEN DALLAS DRIVE (US 77) AND THE SOUTH CITY LIMITS:
The documentation from the Dallas District of the Texas
Department of *Transportation (TXDOT) is enclosed. The
speed limits that they have established are based on
speed studies that use the 85th percentile speeds. In
most cases, the proposed speed limits are less than the
85th percentile speed which shows that TXDOT is trying to
consider safety in the proposed speed limits. One area
that the Commission needs to be aware of is that the
section of Teasley between Hobson and Lillian Miller has
the Sam Houston Elementary School on the south side. The
speed limit proposed in front of the school is for 45
miles per hour. Existing traffic is running between 46
and 48 mph. A school zone can only reduce the speed a
maximum of 20 mph below the normal speed limit which is
45 mph, this would give a 25 mph school zone in front of
Sam Houston. This is consistent with the previous school ,
zone but is above what we had proposed to TXDOT.
Staff recommends approval of the speed zones as proposed
by TXDOT. This area has needed official and legal speed
zones established for a long time. Our opinion is that
additional discussions with TXVOT trying to adjust the
speed limits will add months and may not result in any
changes.
AEE007BD
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TSC Minutes
November 4, 1996
page 3
ITEM #4 DISCUSS AND CONSIDER APPROVAL OF AN ORDINANCE THAT WOULD
ESTABLISH SPEED LIMITS ON TEASLEY LANE !F M 2181 BETWEEN
DALLAS DRIVE (US 771 AND THE SOUTH CITY LIMITS:
Y -
Clark said these are the speed limits that the Texas
Department of Transportation are recommending. They have gone
back and done their own study with 854 percentile calculations
coming up with these speeds. If you remember, staff had
studied this earlier. Some of you weren't on the commission.
They actually raised it some from what TSC and staff had
proposed.
One of the issues we have with Teasley is basically it has had
no speed limits for about 1 1/2 years. Especially, since
December 95 when the road was completed. Speeding has become
a major issue, so something needs to be established.
Generally, these are reasonable. The only concern staff has
is in front of Sam Houston school. Staff proposed 40 mph and
they are proposing 45 mph. That means the school zone will be
at 25 mph opposed to 20 mph. That (25 mph) is what it was
prior to the construction project. So, that's not a change.
Staff had hoped to get it down to 20 mph and gave input to
justify it. But, TBDOT chose not to set it at 20 mph. Staff
wasn't sure, after spending months arguing with them, that
they would come down now. If it was 10 mph, it would be worth
it. Staff thinks it is close enough.
The courts are having difficulty enforcing speeding tickets on
Teasley since there is no ordinance. Sam Houston has been
needing this school zone legally and officially for a long
time. Staff recommends that TSC approve these. +
Sawko asked if staff had a map or overhead. Clark said no.
That one is hard to do on an overhead. Sawko said the maps
were confusing when he first looked at them. Luce said he was
confused too. But, if you follow the little strip maps at the
back, you can work through it. They've done it correct.
Their work is a little awkward.
Sawko said he knows for a fact that there is one speed sign
close to Sam Houston. It's a 30 mph hour zone. Clark said
those will be removed. Those have been sitting out there in
absence of any other speed limit. Staff put those up even
though they aren't legally enforceable to encourage some
control.
Phillips asked if Clark would run it through verbally starting
with 135. Clark said yes.
a. It starts at Dallas Drive (which is U.S. 77) and
goes about .445 miles.
b. The actual change point is going to b,:
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TSC Minutes
November 4, 1996
page 4
approximately midway between 135 and Londonderry.
The traffic going under 135 is a little slower
and that is why they chose that point. Staff had
broken it at Londonderry.
C. From that point, which is north of Londonderry,
it goes all the way down where Lillian Miller
hits Teasley Lane - that speed is 45 mph.
if you are reading those, they are right at the
top of the little diagrams.
d. Go from tae intersection of Teasley south about
.4 miles - that's at 50 mph. That's part
residential and part urban.
e. From that distance all the way down to the south
city limits, it is up to 60 mph. They are
considering this a rural environment and
therefore 60 mph is safer speed.
Phillips said that's not a 60 mph road for sure.
Clark said they are making judgements like that
all around. Parts of U.S. 377 are now 70 mph.
Legally that's what all the speed limits are on
roads unless you have an ordinance that says
different.
Hill asked what the speed limit would lie from Dallas Drive to
Hobson Lane. Clark said part of it will be 35 mph to just
past I.H. 35 and then down to Hobson will be 45 mph.
Phillips said then the school will be 20 mph. Clark said the
school will be 25 mph. You can only drop a maximum of 20 mph
from the speed limit. This is what it was before the
construction project.
Sawko asked if TSC could deviate from that. Clark said TSC
can recommend what they feel and put it to City Council. City
Council can vote on it and tell say what they feel. Then
staff will send it to the state. They will either adopt it or
go ahead by "Commission Minute Order" and do what they want
to. TSC has the option to do what they feel is correct.
Sawko said F.M. 2161 to Swisher at the south end of Denton is
55 mph. That's a pretty curved roadway. He is in favor of
higher speed limits but is concerned about the safety issue
too.
Hill said from Dallas Drive over to 135 in that vicinity is 35
mph. Clark said that's correct. Hill said from Londonderry
Lane around to Teasley and Lillian Miller that's 45 mph. The
school zone would be 25 mph. Clark said that's right, you can
only drop 20 mph maximum. Hill said then from Teasley to
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TSC Minutes
November 4, 1996
page 5
Lillian Miller intersection to the south on Teasley it would
go back to 50 mph. What is that distance? Is it at the
mobile home park? Clark said it's just past Bent Oaks. Ryan
is well inside the 60 mph which is at the Denton hest mobile
home park. This goes just past Bent Oaks which is the change
r point.
Hill asked, what if you modified that to be 35 mph to Hobson,
40 mph to Lillian Miller, 50 mph to Bent Oaks, and then 55 mph
from there? Clark said TSC has the option to recommend what
they want. One of the things that is part of this and you may
want Cummings to address this, state law says this has to be
based on speed studies. Unfortunately, that's what people are
driving out there. Their speed studies showed these higher
speeds. Usually, you can only reduce it a maximum of 7 mph
from the 85th percentile. Down in that area, the 85th
percentile was 50-54 mph at Bent Oaks, 58-60 mph out further.
They are running almost 70 mph out by Hickory Creek road.
Phillips said 70 mph. Nobody has ever passed him and he
drives 55 mph. Clark said that's what they are showing as the
top speed measured. They are showing top speeds of 68 mph in
both directions out there. Phillips said we just need to take
down the road signs and be done with it. Clark said if you do
that it is 70 mph.
Luce said for those who haven't been on the commission and
know the first chapter of this, one time staff prepared a
recommendation for all the state highways in the city limits.
There was a fair number. Clark had a thick packet that he
prepared for TSC. TSC went through all that and the speeds
were in general lower about to mph across the board. Clark
said at least 5 mph. Luce said TSC went through that and it
was recommended to TX.DOT. They rejected in toto. This is now
their response in what they are proposing to us. With the
remembrance that the speed is now 70 mph out there, he has a
child that goes to Sam Houston school. He travels up and down
it several times and is inclined to make a motion to accept
this. That's not to say this is the one he would draw, it
isn't. But, it is the one that TSC can approve and get on with
it. If there is a record of wrecks and TSC wants to petition
to change it, that is certainly an option. it is a good move
at this point to get some sort of reasonable speed limits
enacted out there rather than have 70 mph across the board.
People aren't driving 70 mph. It's more stepped up like 30-35
mph at the interstate, then 40-45 mph to Lillian Miller, and
then 55 mph down to where it runs into 135. That's what he
would propose, but that's not what TXDOT proposes. The only
choice before TSC at this point is either to approve this or
disapprove it or suggest something else, which the state in
general has already rejected. It's not a matter of what TSC
thinks is best. It's a matter of whether TSC is going to
approve the proposal before them. If TSC approves it, it goes
into affect. If TSC doesn't and proposals go back and forth,
it's hard to know when something will happen. Hartsfield said
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TSC Minutes
November 4, 1996
page 6
that's a good point.
Sawko asked Clark if it's typical for TXDOT to reject
recommendations from the City and commissions. Clark said
yes, in Dallas and other metroplex cities. In some cases, they
have gone ahead and enacted speed limits above or what thev
wanted to regardless. They can go ahead and enact them by
"State Minute Order^. They go ahead to the Highway Commission
and pass it, and it becomes the law of the land. 7'liis is
their attempt to work with the community and try to work
something out. It's true what Luce has said. TXDOT
instructed staff to pre.are them and then when we did, they
decided not to use them because they had other methods they
wanted to use.
Sawko said his only concern is %he elementary school. Five
(5) mph more is not really that fast. If the normal in Denton
is 20 mph, it would be nice to have it consistent. Clark said
Selwyn is 35 mph, but that is a different type campus. it
sits back from the highway where this one sits right on it.
Hartsfield said Sam Houston has a circle drive. Clark said
that's correct.
Phillips said his problem is taking it from 50 mph and jump it
up to 60 mph. You are still going past the trailer park and
several businesses. There is quite a bit of traffic. .ybe
after that last store at Oakmont, jump it up to 60 mph. Clark
said he agrees.
Clark said for this to be efficient, TXDOT should really
listen to staff and TSC or just set the speed limits and not
even ask anyone. Staff has given them lots of input and
they've chosen to ignore it.
Sawko said h~ agrees with Luce. It's really important to get
something up. Hill said TSC cc~Jd ask for an amendment later.
STAFF RECOMMENDED: Approval
COMMISSIONERS: Hill made a motion to approve this request as written.
Bacon seconded the motion. Motion passed unanimously.
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36MP.H
0.466 MILES
,
~ ray
45 M.P.H. TO
LILLIAN MILLER
AND TEASLEY LANE
I.1riP
} 60 M.P.H. FROM
TEASLEY LANE
- 6 LILLIAN MILLER
1 I x•. 0.400 MILES
MP 80 AA.
E RM.
i
60 M.P.H. FROM
TEASLEY LANE UTH i
LILLIAN MILLER ;
TO SOUTHERN CITY LIMITS
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TEASELY SPEED ZONES -
MAPSCALE In >s 2500 FT. i
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Agenda No. 9G'0r?
Agenda Item
CITY COUNCIL REPORT FORMAT Date DATE: November 18, 1996
TO: Mayor and Members of the City r1ouncil
FROM: Ted Benavides, City Manager
SUBJECT: Amend School Zone Ordinance
RECOMMENDATION:
Approve ordinance that amends the school zone ordinance for the City of Denton.
Note that this ordinance contains all the school zones in the City of Denton.
This amendment addresses the Sam Houston, Selwyn, and Immaculate Conception
school zones.
SUMMARY/ BACKGROUND:
The speed limit ordina.ce for Teasley Lane directly impacts the school zone for
Sam Houston Elementary School. The school zone can only be 20 mph less than the
posted speed which would place the new zone at 25 mph which is consistent with
the zone that existed before Teasley was reconstructed. Staff had attempted to
get the speed limit in this area at 90 mph to get a 20 mph zone but TXDOT has
final review of the criteria and has proposed 45 mph which gives the 25 mph
school safety zone. Again to get this ordinance in place versus an extended
negotiation, staff recommends approval of this change. This amendment to the
overall ordinance also places the new Immaculate Conception School Zone in this
ordinance, and finally clears up an error in the Selwyn School Zone on US 380
which is also directly dependant on being 20 mph maximum below the TXDOT speed
limit.
PROGRAMS. DEPARTMENTS, OR GROUPS AFFECTED:
Teasley Lane and US 380 are State Highways under the authority of the Texas
Department of Transportation. Citizens who drive in these areas are affected as
is the Sam Houston Elementary School, Selwyn School, and the Immaculate Conception
school. City staff affected include the Police, and the Engineering and
Transportation Departments.
FISCAL IMPACT
TXDOT will handle all the signs on their system( FM 2181 and US 380) and the City
of Denton has placed the school signs on Bolivar Street. Our costs have already
been incurred and TXDOT will fund their system signs.
RESPEC LLY SUBMITTED:
Ted Be`na' v3 es
city manager
Prepared by:
Jerry C arc
Direct r Engi ee:ing and Transportation
Approv
Jerry C rc
Dire o of E ineering & Transportation
AEE00767
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MEMO
To: Ted Benavides, City Manager
From: Jerry Clark, P.E., Director of Engineering and Transportation
Subject: School Zone Ordinance Amendment
Date: November 18, 1996
This amendment will allow to provide all ordinance information on school zones in one location.
That reduces the administrative time needed during enforcement or public information activities.
Specifically, this amendment provides a 25 mph zone for Sam Houston consistent with the new
Teasley Lane Speed Limit. The amendment provides for a 35 mph zone for Selwyn on US 380,
which had been in error in the existing ordinance, and finally it provides for inclusion of the new
Immaculate Conception Ordinance into the overall school safety ordinance.
Using this ordinance should be easy in that Legal has organized it so that each unique type of
zone is detailed and called out separately. Examples include standardization of the Elementary
Schools into one category and time frame so that citizens can expect the experience of one zone
to be like another one across town in the same type category. If every zone is unique with no
standardization or comfort zone, citizens are much more likely to violate the ordinance out of
ignorance. We want to make compliance user friendly as possible.
Sttl'recommends approval of the amendments as presented.
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ORDINANCE NO.
AN ORDINANCE DESIGNATING AND ESTABLISHING SCHOOL SAFETY SPEED
ZONES; REDUCING THE MAXIMUM PRIMA FACIE SPEED LIMIT FOR SAID SCHOOL
SAFETY SPEED ZONES TO SPEEDS FOUND TO BE REASONABLE AND SAFE BY THE
ENGINEERING AND TRAFFIC DEPARTMENT INVESTIGATIONS FOR THE DESIGNAT-
ED HOURS; PROVIDING A PENALTY OF A FINE NOT TO EXCEED TWO HUNDRED
DOLLARS ($200.00); PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR
PUBLICATION; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CIT OF DENTON HEREBY ORDAINS:
SECTION I. That based upon an Engineering and Traffic
Department investigation heretofore made, as authorized by the
provisions of Section 545.357 of the Transportation Code, V. T. C. A.,
the prima facie speed limit of twenty (20) miles per hour for
vehicles is hereby determined and declared to be prima facie
reasonable and safe, and such speed limit is hereby fixed for
vehicles traveling within the following described school zones.
A. That the time periods for the reduced speeds for the school
zones described below shall be from 7:30 a.m. until 8:30 a.m. and
from 2:30 p.m. until 3:30 p.m. on school days. The location of
school zones described below shall be as follows to-wit:
1. Borman Elementary School
Both directions of Parvin Street beginning 50 feet east of
where Parvin Street intersects the center line of McCormick
Street to 100 feet east of where Parvin Street intersects the
center line of Mercedes street.
2. Newton Rayzor Elementary School
Both directions of Malone Street beginning 50 feet north of
where Malone Street intersects the center line of Cordell
Street to 100 feet north of where Malone Street intersects the
center line of Emery Street.
3. Ginnings Elementary School
Both directions of Stuart Road beginning 250 feet north of
where Stuart Road intersects the center line of Imperial Drive
to 175 feet north of where Stuart Road intersects the center
line of Sun Valley Street.
Both iirections of Sun Valley Drive from its intersection with
Stuart Road to 200 feet east of where Sun Valley Drive inter-
sects the center line of Yellowstone Place.
Both directions of Yellowstone Place beginning 300 feet north
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of where Yellowstone Place intersects the center line of
Imperial Drive to the intersection of Sun Valley Drive and
Yellowstone Place
4. Woodrow Wilson Elementary School
Both directions of Windsor Drive beginning 275 feet west of
where Windsor Drive intersects the center line of Bristol
Street to 275 feet east of where Windsor Drive intersects the
center line if Hanover Drive.
Both directions of Hanover Drive from its intersection with
Windsor Drive to 450 feet north-west of where Hanover Drive
intersects the center line of Rockwood Lane.
Both directions of Emerson Lane beginning 150 feet east of
where Emerson Lane intersects the center line of Glenwood Lane
to 350 feet west of where Emerson Lane intersects the center
line of Rockwood Lane.
5. Hodge Elementary School
Both directions of Grant Parkway beginning 380 feet northeast
of where Grant Parkway intersects the center line of Deerwood
Parkway to the intersection of Farris Road and Grant Parkway.
Both directions of Farris Road from its intersection with
Silverdome Road to 200 feet north of where Farris Road inter-
sects the center line of Grant Parkway.
6. Robert E. Lee Elementary School
Both directions of Paisley Street beginning 475 feet west of
where Paisley Street intersects tits center line of Mack Drive
to the intersection of Mack Drive and Paisley Street.
Both directions of Mack Drive from its intersection with Double
Oak Street to the intersection of Paisley Street and Mack
Drive.
7. McNair Flementary
Both directions of Hickory Creek Road beginning 765 feet west
of where Hickory Creek Road intersects the center line of
Montecito Drive to 430 feet east of where Hickory Creek Road
intersects the center line of Montecito Drive.
8. Evers Elementary
Both directions of Evers Parkway beginning 305 feet south of
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where Evers Parkway intersects the center line of Gardenview
Street to 50 feet south of where Evers Parkway intersects the
center line of Robbie-0 Street.
Both directions of Cobblestone Row from its intersection with
Evers Parkway to 170 feet east of where Cobblestone Row
intersects the center line of Ashcroft Lane.
9. Sullivan Keller Elementary
Both directions of Wood Street beginning 230 feet south of
where Wood Street intersects the center line of Davis Street to
300 feet north of where Wood Street intersects the center line
of Davis Street.
Both directions of Ruddell Street beginning 230 feet south of
where Ruddell Street intersects the center line of Davis Street
to 300 feet north of where Ruddell Street intersects the center
line of Davis Street.
Both directions of Davis Street from its intersection with Wood
Street to the intersection of Ruddell Street and Davis Street.
30. Fred Moore Center
Both directions of Mill Street beginnini 250 feet west of where
Mill Street intersects the center line of Cross Timber Street
to 100 feet west of where Mill street intersects the center
line of Wye Street.
Both directions of Wye Street beginning 150 feet west of where
Wye Street intersects the center line of Cross Timber Street to
the intersection of Mill Street and Wye Street.
Both directions of Cross Timber Street from its intersection
with Wye Street to the intersection of Mill Street and Cross
Timber Street.
11. Tomas Rivera Elementary
Both directions of Newton Street beginning 200 feet north of
where Newton Street intersects the center line of Morse street
to 225 feet north of where Newton Street intersects with the
center line of Wilson Street.
B. That the time periods for reduced speeds for school zones
described below shall be from 7:30 a.m. until 8:30 a.m. and from
3:30 p.m. until 4:30 p.m. on school :uys. The location of school
zones described below shall be as follows, to-wit:
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1. Strickland Middle School
Both directions of Windsor Drive beginning 560 feet east of
where Windsor drive intersects the center line of Locust Street
to 225 feet east of where Windsor Drive intersects the center
line of Bell Avenue.
Both directions of Bell Avenue from its intersection with
Driftwood Trail to the intersection of Windsor Drive and Bell
Avenue.
2. Calhoun Middle School
Both directions of Congress Street from 130 feet west of where
Congress Street intersects with the center line of Mounts
Street to 200 feet east of where Congress Street intersects
with the center line of Denton Street.
Both directions of Denton Street from its intersection with
Congress Street to 100 feet south of where Denton Street
intersects with the center line of Pearl Street.
Both directions of Mounts Street from its intersection with
Congress Street to 190 feet south of where Mounts Street
intersects with the center line of Anderson Street.
C. That the time periods for reduced speeds for school zones
described below shall be from 7:30 a.m. until 8:30 a.m. and from
3:00 p.m. until 4:00 p.m. on school days. The location of school
zones described below shall be as follows, to-wit:
1. Ryan High School
Both directions of McKinney Street beginning 500 feet west of
where McKinney Street intersects with the center line of the
high school driveway to 525 feet east of where McKinney Street
intersects with the center line of the high school driveway.
2. Denton West High School
Both directions of Crescent Street beginning 250 feet east of
where crescent street intersects the center line of Bryan
Street to 150 feet east of where Crescent Street intersects
with the center line of Fulton Street.
Both directions of Bryan Street beginning 250 feet south of
where Bryan Street intersects the center line of crescent
Street to 150 feet north of where Bryan Street intersects the
center line of Linden Street.
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Both directions of Fulton Street beginning 150 feet north of
where Fulton Street intersects the center line of Crescent
Street to 50 feet north of where Fulton Street intersects the
center line of Linden Street.
D. That the time periods for reduced speeds for school zones
described below shall be from 7:30 a.m. until 9:00 a.m. and from
3:00 p.m. until 4:30 p.m. on school days. The location of school
zones described below shall be as follows, to-wit:
1. Liberty Christian School
Both directions of Bonnie Brae from 1110 feet north of where
Bonnie Brae intersects the center line of Willowood to 1820
feet north of where Bonnie Brae intersects the center line of
Willowood.
E. That the time periods for the reduced speeds for the school
zones described below shall be from 7:00 a.m. until 9:00 a.m. and
from 2:00 p.m, until 4:00 p.m. on school days. The location of
school zones described below shall be as follows, to-wit:
1. Immaculate Conception Catholic School
Both directions of Bolivar Street from its intersection with
Second Street to its intersection with Third Street.
SECTION IT_ That based upon an Engineering and Traffic
Department investigation heretofore made, as authorized by the
provisions of Section 545.357 of the Transportation Code, V.T.C.A.0
the prima facie speed limit of twenty-five (25) miles per hour for
vehicles is hereby determined and declared to be prima facie
reasonable and safe, and such speed limit is hereby fixed for
vehicles traveling within the following school zones.
A. That the time periods for the reduced speeds for the school
zones described below shall be from 7:30 a.m. until 8.30 a.m. and
from 2:30 p.m. until 3:30 p.m. on school days. The location of
school zones described below shall be as follows, to-wit:
1. Sam Houston Elementary
Both directions of Teasley Lane beginning 325 feet east of
where Teasley Lane intersects the center line of Pennsylvania
Drive to 365 feet west of where Teasley Lane intersects the
center line of Lillian Miller.
SECTION III That based upon an Engineering and Traffic
Department investigation heretofore made, as authorized by the
provisions of section 545.357 of the Transportation Code, V. T.C.A.,
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the prima facie speed limit of thirty-five (35) miles per hour for
vehicles is hereby determined and declared to be prima facie
reasonable and safe, and such speed limit is hereby fixed for
vehicles traveling within the following described school zones.
A. That the time periods for the reduced speeds for the school
zones described below shall be from 7:30 a.m. until 9:00 a.m. and
from 3:00 p.m. until 4:30 p.m. on school days. The location of
school zones described below shall be as follows, to-wit:
1. The Selwyn School
Both directions of West Highway 380 from 450 feet east of where
West Highway 380 intersects the center line of Marshall Drive
to 1200 feet west of where West Highway 380 intersects the
center line of Mesa Drive.
SECTION IV. When signs are erected giving notice thereof, an
individual adjudged guilty of exceeding the herein defined speed
limits shall be guilty of a misdemeanor, and punished by a fine not
to exceed Two Hundred Dollars ($200.00).
SECTION V,. The location of School Bus Loading Zones for the
following schools shall be as follows, to-wit:
Borman Elementary
The southernmost lane of Parvin Street beginning where Parvin
Street intersects the east curbline of McCormick Street to
where Parvin Street intersects the west curbline of Mercedes
Road.
Ginnings Elementary
The southernmost lane of Sun Valley Drive beginning where Sun
Valley Drive intersects the east curbline of Stuart Road to
where Sun Valley Drive intersects the west curbline of Yellow-
stone Place.
McNair Elementary
The westernmost lane of Montecito Drive beginning 287 feet
south of where Montecito Drive intersects the south curbline of
Hickory creek Road to 407 feet south of where Montecito Drive
intersects the south curbline of Hickory Creek Road.
Sullivan Keller Elementary
The northernmost lane of Davis Street beginning where Davis
Street intersects the west curbline of Ruddell Street to 180
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feet west of where Davis Street intersects the west curbline of
Ruddell Street.
Strickland Middle school
The southernmost lane of Windsor Drive beginning where Windsor
Drive intersects the west curbline of Bell Avenue to 900 feet
west of where Windsor Drive intersects the west curbline of
Bell Avenue.
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Calhoun Middle School
The westernmost lane of Denton Street from 196 feet south of
where Denton Street intersects the south curbline of Congress
Street to 640 feet south of where Denton Street intersects the
south curbline of Congress Street.
SECTION VI. When signs are erected giving notice thereof, it
shall be unlawful for any person to operate or park a motor vehicle
other than a school bus in a herein described School Bus Loading
Zone. An individual adjudged guilty of the provision of this
section shall be guilty of a misdemeanor and punished by a fine not
to exceed Two Hundred Dollars ($200.00).
SECTION VII. That this ordinance shall be cumulative of all
other ordinances of the City of Denton defining school zones and
school bus loading zones and shall not repeal any of the provisions
of said ordinances except in those instances where provisions of
those ordinances are in direct conflict with the provisions of this
ordinance.
SECTION ylIi. That if in any section, subsection, paragraph,
sentence, clause, phrase or word in this ordinance, or application
thereof to any person or circumstance is held invalid by any court
of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the City
Council of the City of Denton, Texas hereby declares it would have
enacted such remaining portions despite any such invalidity.
SECTION IX, 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.
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JACK HILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: •
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T, ,C Minutes
November 4, 1996
page 7
IT- EM !t~ DISCUSS AND CONSIDER AMENDMENT OF SCHOOL ZONE 95-086:
Clark said this is a copy of the amendment. It was received
just prior to the meeting and that is why TSC is being
presented it now.
Staff is trying to keep all the school zones in one ordinance.
This amendment will also clear up one error in the ordinance.
On page 5, Section VI and VII, staff has added the Immaculate
Conception ordinance. Section VIII is Houston Elementary
which is contingent on the school speed zone previously
whichvis SectionlXfand2thathshowseiteat 35emih Selwyn school
shown correctly the first time and this will oThat ,t
rre tasit,
Signs have been posted correctly by TXDOT.
The primary consideration here is Sam Houston, but when
someone goes to look for a school ordinance, it will be in one
ordinance.
STAFF RECOMMENDED:
Approval
COMMISSIONERS: Sawko made a motion to a the ordinance as stated
Hobdy seconded the motion rove
Motion passed unanimously.
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Agenda No. i
Agenda item
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Chief Mike Jez
SUBJECT: Proposed ordinance designating two parking spaces on Fry Street for
police use.
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RECOMMENDATION: That the City of Denton adopt an ordinance designating two
(2) parking spaces in the 100 block of Fry Street as restricted parking for police vehicles
only.
SUMMARY: The Fry Street Community Office is located at 106 Fry Street (a high
traffic area with limited parking) generally frequented by UNT students and patrons of the
Fry Street area businesses. In order to facilitate expedient access to the community office
by Denton Police and UNT Police officers the existing parking sp, ce directly in front of
and the next space south should be designated for police parking only.
Background: On September 13, 1996 the Fry Street Community Office opened its
doors as the newest extension of the Denton Police Department's Community Oriented
Policing Program. It is the culnunation of collaborative efforts of the police department,
the Fry Street Merchant's Corp., UNT, and many volunteers including the Delta Ledge
Fraternity. The office space has been donated by a local property owner and the building
was refurbished by police officers and Fry St, merchants with all materials donated.
The mission of the office is to ensure a safe environment where citizens can enjoy the Fry
St. businesses/arts area. The officers and merchants worked together to identify priorities
and devise strategies for solving area problems Some of the problems cited include;
public intoxication, minors consuming alcoholic beverages, consuming after hours, drug
salesluse, assaults, thefts, and the runaways who frequently gather.
As the program is a multi-agency effort (also including Texas Alcoholic Beverage
Commission), it is essential to provide adequate parking to permit expedient access to and
deployment from the office.
PROGRAMS, DEPARTMENTS, OR GROUPS AFFECTED: The police personnel
assigned to the Fry St. Community office will benefit from the designated parking in that
they can better access their vehicles and equipment coi ained therein. From an officer
safety perspective, these parking places are in close proximity to the patrol area to
facilitate quick disposition of prisoners.
F
The Street Department will have to remove two parking meters and designate by sign
and/or painted curbing the restricted zone.
Citizens, businessmen, and patrons of the Fry St. area will have two less parking spaces
available for use. The Fry St. Merchant's Corp. is supportive of the designated parking,
and in particular, the owners of the two businesses most directly affected; Jim's Diner and
The Flying Tomato. The positive effect on these groups will be accessibility to police
services as well as visible a police presence to deter criminal activity.
FISCAL IMPACT: There is a possible loss of revenue from the removal of two parking
meters, but this could be offset by fines for illegal parking in the spaces.
RESPECTFULLY SUBMITTED:
Ted Benavides
City Manager
Prepared by;
Tom Woods
Lieutenant
AP v
Mic ael "Jed
Chief of olice
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS DESIGNATING TWO PARKING
Y AS PARKING
SPACES IN THE 1 B OF FR
CLAUSE; PROVIDING OA
POLICE VE ICLESO ONLY;C PROVIDING ASTREETSAVINGSRESTRICTED
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY NOT TO EXCEED TWO
HUNDRED DOLLARS; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. When signs or markings are in place giving notice
following streets n in authorized
frnshall mea upon the vehicle
police vehic le at any ti city
of Denton:
Two parking spaces on the southeast beginning with the parking pace directly e in of Fry front of r106
Fry Street and the space directly south of the first space.
SECTION II.. That all provisions of the ordinances of the City
of Denton in conflict with the provisions of this ordinance are
Denton, a not al in other conflict provisions s the t provisions ordinances of of the
hereby of repealed,
City this
ordinance, shall remain in full force and effect.
SECTION III. That if any provision of this ordinance or the
application thereof to any person or circumstances is held invalid,
such invalidity he shall provisions of this provisions ordinance are applications,
and to this en severable.
SECTION IV. That any person violating any provision of this
ordinance shall, upon conviction, be fined a sum not exceeding Two
Hundred Dollars ($200.00).
GFCTION_V. That this ordinance shall become effective fourteen
(14) days from the date of its passage, and the City Secretary is
hereby directed to cause the caption of this ordinance to be
published twice in the Denton Record-Chronicle, the official
newspaper of the City of Denton, Texas, within ten (10) days of the
date of its passage.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTYp CITY ATTORNEY
BY:
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Agenda No. 96 ~u70
Agenda item_ loZ-
Dale~Q-
Date: December 3, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ted Benevides, City Manager
SUBJECT: POWER SUPPLY OPTION STUDY
RECOMMENDATION:
The Electric Utility staff and the Public Utility Board recommends that the City Manager be
authorized to hire RMI to develop, issue and coordinate analysis of an RFP for power supply
options for Denton.
SUMMARY:
Denton is forecast to require additional electric generating capacity in the near future. In
addition, the power supply market is changing rapidly as a result of market deregulation. In
order to make strategic decisions regarding the future of power production and purchase by
the
electric
onlywayttottdefine options
are uavaiillabdefined. In le is to allow the competiiveima ketkto respond to an RFP. place
The attached task order defines an RFP process that will encourage consideration of all
available options. The initial task of this effort will consist of a review of the existing load
forecast, development of the RFP, issuance of the RFP, and initial screening of all proposals
received. The final task in this process will be an in depth analysis and negotiation of the
finalist proposals.
RMI was selected to perform this task because of their familiarity with Denton's existing
resource situation, the data base and production cost model development of the Denton
system they have already completed, and their experience in performing this type of activity
for other public utilities.
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FISCAL IMPACT:
The cost of the initial task for this power supply option study is $55,000. A budget for the
in depth review of finalist proposals will be developed upon completion of the initial task.
Respectfully submitted,
R. Nelson
Executive Director Utilities
Prepared by:
gm6x 6
Sharon Mays
Director of Electric Utilities
Approved by:
Ted Henavides
City Manager
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ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A FIRST
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE
MANAGEMENT INTERNATIONAL ("RMI"); AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute the first amendment to the professional services agreement
with Resource Management International ("RMI"), a copy of which is
attached hereto and incorporated herein, along with any task orders
and other documents necessary to the performance of the first
amendment.
SECTION Ii. That the expenditure of funds as provided in the
attached agreement is hereby authorized.
SECTION III That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1996.
JACK MILLER, MAYOR
I
ATTEST:
JENNIFER•WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. P`ROUTY, CITY ATTORNEY
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STATE OF TEXAS §
COUNTY OF DENTON §
FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This first amendment to the Professional Services Agreement
entered into on the 17th day of September, 1996 by and between
Resource Management International, Inc., a California corporation
("RMI") and the City of Denton, Texas, a Texas municipal
corporation with its principal offices at 215 East McKinney,
Denton, Texas ("City") for professional and related services
provided to the city, hereinafter referred to as "Base Agreement."
In consideration for the terms and conditions set forth herein, the
parties hereby agree:
I.
That Section I "Scope of Services" of the Base Agreement is
hereby amended to read as follows:
RMI shall provide to the City the services set forth in
individual task orders made as attachments to this
Agreement including without limitation, Task Orders No.
96A and 96B.
II.
That Section II "Fees for Services" of the Base Agreement is
hereby amended to read as follows:
For services provided by RMI to City pursuant to this
Agreement, the City shall pay RMI in accordance with the
rates and charges set forth in Exhibit A "Fees for
Services," attached hereto and made a part of this
Agreement for all purposes provided, however, such
charges and rates shall not exceed $80,000 unless the
City agrees by an amendment to this Agreement to increase
the maximum fee for services.
III.
That save and except as amended hereby, all the terms,
conditions, clauses, and sentences of the Base Agreement shall
remain in full force and effect.
The signatories hereto represent that they are authorized to
enter into this Agreement on behalf of the party for whom they
sign.
C
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CITY OF DENTON, TEXAS RESOURCE MANAGEMENT INT., INC.
i
By: By:
Its Its
APPROVED AS TO LEGAL FORM:
HERBERT L. PROU/TY, CITY ATTORNEY
BY:
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ATTACHMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN
RESOURCE MANAGEMENT INTERNATIONAL, INC. AND
THE CITY OF DENTON
TASK ORDER NO. %B
EVALUATION OF POWER SUPPLY ALTERNATIVES
Services provided under this Task Order will assist the City of Denton (City) in evaluating the city's
options for power supply. Resource Management International, Inc. (RMI) will assist in: 1)
development of the Request for Proposals (RFP) document; 2) facilitating the RFP and
communicating the City's desire to consider a broad range of power supply options, and, 3)
evaluation of proposals. The work activity identified in this Task Order will include a detailed
review and ranking of a select number of proposals.
The work activity ofRMI will include facilitating responses to the City's Request For Proposals that
will include a broad-based consideration of supply options. The intent will be to encourage both
traditional and innovative solutions to reducing the City's power costs. RMI will maintain contact
with the proposers and encourage through discussions creative approaches that consider not only
Denton's incremental power needs, but also potential options to lower the City's overall power costs
through alternative uses of existing generation. RMI will maintain a high degree of on-going
communication with utility staff during the evaluation process. RMI will conclude the work activity
in the Task Order with a recommendation of the best option/options for the City to consider for
further negotiations.
SCOPE OF SERVICES
Task A Review of Load Forecast
RMI will review the City's Load Forecast and make recommendations where appropriate.
4 A data request will be prepared requesting supporting data for the forecast. (It is
assumed the City will be able to provide most of that information on disk).
Variables will be examined for outliers and consistency between historic and
forecasted data points.
• The models and the statistics for those models will be reviewed.
• Staff will be interviewed through a conference call to discuss procedures used in
developing historic and forecasted independent variables.
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A letter report will be written to present findings and to make reccmmendations
regarding the use of the forecast for planning purposes.
Task B Review of Request For Proposal
RMI Mll work with the City in preparing the RFP for power supply to the City.
• RMI will work with City staff to develop a RFP that will encourage respondents to
provide proposals that consider the City's overall power requirements. Not only
should respondents look at power supply options that meets the City's incremental
power needs, but the City will also consider power options that may exceed the
incremental power requirements of the City. The RFP should be structured to allow
such consideration while maintaining sufficient definition and parameters to allow
a comparative evaluation of the submittals.
Alternatives which may be considered include:
traditional blocks of purchased power
economy energy purchases
lease arrangements
entering into operating agreement to run city generation
support of cogeneration projects
repowering of existing City units
pooling arrangements
partnering with customers on generation projects
new customer alliances including demand-side management initiatives
full requirements supply incorporating credit for existing City resources
others as proposed
The RFPwiU be comprehensive. It will include sufficient information regarding City
operations to allow development of detailed proposals. Staff; vill be instrumental in
providing the information to RMI. Dirtussions with staff throughout development
of RFP will be h. Id to evaluate handling of confidential information.
• Respondents will be encouraged to make innovative use #f the City's existing
generation to arrive at a low cost, efficient and reliable solution to the City's power
needs,
A comprehensive description of the City's existing resources and future projected
power requirements will be provided to allow proposers effective consideration of
the range of potential supply arrangements.
The formatof proposal responses will be structured to allow for effective comparison
of proposals.
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Task C RFP Process
The RFP vrill be issued by RMI to a wide group of public power and investor-owned utilities,
river authorities, power marketers and power developers. Included in RMI's work activity
will be:
• Ideaitification of entities to be included on mailing list fur RFP.
• Preparation of advertisement language and identification of publications to inform
the public of the City's RFP.
• Distribution of the RFPs to mailing list and in response to requests from
advertisements.
f Planning for and directing a pre-proposal meeting to allow for better und
of City's requirements and existing resources; uncle; standing
pre-proposal meeting activity might
include tour of City's Spencer Power Plant.
f Responding to proposers' questi ons regarding RFP.
Task D Evaluation of Proposals
RNU will prepare a multi -step review of proposals. Proposal review activities will be conducted to
focus the majority of review effort on most desirable proposals. Following receipt of proposals, each
proposal will be reviewed and clarification of proposal language requested before comparative
review is initiated, The evaluation will utilize a total system approach which judges the benefits of
the proposal considering the City's involvement in TMPA and TMPP. The following activities will
be completed:
Phase I - Initial Screening
' RMI's initial review will include a screenir6 to identify the most advantageous
proposals. The screening criteria will include:
economic terms of power supply options
financial strength of proposers
experience with power supply in ERCOT
Consideration of whether proposal is feasible within given timeframe and
other constraints
• Results of initial review will be summarized and reviewed with City staff to establish
proposers to receive more in-depth review.
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Phase If - In-depth Review
• In-depth review will include:
discussion of proposal with proposer to assure proper understanding of
proposal terms
evaluation of economic terms over period of proposed supply period to
include estimate of net present value of power supply option(s)
coordination of cost and responsibility for ancillary services and transmission
associated with delivery of power supply
identification and valuation of proposers' commitment to reduce City's
responsibility to assume cost variation risks
PROSYM computer modeling to be used to dispatch resources into City's
resource mix as stand alone system and as TMPP member to evaluate total
cost benefits of proposal
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Task E Presentation of Results
RMI will prepare a report summarizing findings and presenting recommendations to staff
and to the Utility Board.
Results of in-depth proposal reviews will be summarized and presented to City staff.
A meeting will be held to discuss results of proposal review and answer City staff
questions.
' A final report will be prepared to present the results and recommendations from the
RFP evaluation process.
• Another meeting will be held with the Utility Board to present the results of the
evaluation and recommendations.
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BU,~D ,ET_
Development of an accurate project budget to complete these Tasks is difficult due to the breadth
of proposal options to be considered and the fact that the number and complexity of proposals
submitted are unknown. Preliminary budget projections are off:red for portions of the work. A
budget of $55,000 is suggested for Tasks A through C, Phase I of Task D, and Task E.
The budget to complete in-depth proposal reviews will be very dependent upon the number of
proposals reviewed and the complexity of the proposal evaluation. (Expenses for detailed proposal
reviews may be supported partially or fully by the proposers.) The work effort to prepare the in-
depth review activities outlined in Phase fI of Task D are projected to range from $7,000 to 510000
Per proposal. These estimates do not include engineering feasibility analysis of projects. A budget
to complete the detailed proposal reviews in Phase II of Task D will be established following
identification of what proposals will be included in this review.
This budget as established may be evaluated at anytime by RMI or the City. RMI will bill monthly
and will not exceed the authorized budget without approval from the City.
This Task Order is authorized and made an attachment to the above identified Professional Services
Agreement through the signatures below.
Authorized by Accepted by
City of Denton, Texas Resource Management International, Inc.
By
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Dated: Dated:_ 1 ` W [M
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rgenda No._L49
Agenda Item
Date r
DATE: December 3, 1996
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: Ted Benavides, City Manager
SUBJ: ENERGY AMERICA SERVICES INC. MEMBERSHIP
RECOMMENDATION:
The Public Utility Board has recommended that the Council pass the attached Ordinance
authorizing the Denton Electric Utility to join Energy America Services Inc.
BACKGROUND:
The electric utility industry is changing rapidly. Capacity and energy are now being bought
and sold as commodities. In order to take advantage of the new environment, it is
imperative that a utility have a great deal of knowledge of the market: who has energy to
sell, who needs to buy, the economics of all the players in the market. This is very difficult
for small public utilities to accomplish because of limited staff support for such activities.
Power marketers have begun to fill this gap by acting as "matchmakers" between buyers and
sellers. However we pay a price for their service.
A group of public utilities is forming an organization whose goal is to combine resources and
knowledge. This will allow the members to identify and made deals between each other at
the lowest possible cost. It will also give members the knowledge to negotiate the best deals
for themselves in the increasingly competitive market.
A nonprofit organization, called "Energy America Services Inc." has offered to coordinate
the analysis effort. Energy America has already successfully coordinated public agency
natural gas requirements and provided access for them to the deregulated natural gas
markets.
In order for Denton to take advantage of this opportunity, the Electric Utility must join
Energy America. Membership will give the Electric Utility a place on the Energy America
Board of Directors and access to its services in the natural gas purchasing arena as well as
the activities in the electric market. Energy America requires Council approval, in the form
of the attached Ordinance, as a condition for membership
FISCAL IMPACT:
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$5,000 membership fee.
C
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Electric Utility
Respectively Submitted:
Ted Benavides, City Manager
Prepared by:
R.E. Nelson, Executive Director U r1ities.
Exhibits: 1. Ordinance
Z
J1 . WPDMMADWASC. DRD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ANY AND ALL
DOCUMENTS NECESSARY AND INCIDENT TO THE CITY OF DENTON ELECTRIC
UTILITY BECOMING A MEMBER OF ELECTRIC AMERICA SERVICES COMPANY,
INC.; AUTHORIZING THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF
PAYMENT BY THE CITY FOR ANNUAL DUES TO ENERGY AMERICA SERVICES
COMPANY, INC.; AUTHORIZING THE APPOINTMENT OF THE REPRESENTATIVE OF
THE CITY OF DENTON, TEXAS TO ENERGY AMERICA SERVICES COMPANY, INC.;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the new developments of deregulation, open access,
customer choice, stranded investment and competition emerging in
the energy industry are problems for the City of Denton Electric
Utility, and these problems are shared by numerous other public
utilities nationwide; and it being for a public purpose and
indispensable to the best interest of all public utilities to
combine their economic and technical resources necessary to resolve
such problems on a basis consistent with the common interest of
such similarity situated public utilities and to preserve, to the
extent possible, their autonomy and freedom of choice as public
entities engaged in business as authorized by their individual
State Laws; and
WHEREAS, the Energy America Services Company, Inc. ("EASC"),
organized under the laws of the State of Nebraska, is a tax-exempt
corporation under the provisions of 26 U.S.C. 5501(c)(3); whose
membsrs are public utilities, joint power authorities, or other
government instrumentalities; and is a corporation organized for
the purpose of assisting membership in the resolution of the
problems set forth above; and the resulting benefits to public
utilities to be realized from such membership in EASC will be of
material importance and assistance to public utilities in dealing
with problems in the fields of energy.
WHEREAS, the stated mission of EASC is to take advantage of the
rapidly changing, increasingly competitive marketplace by pooling
the resources of public gas and electric systems to share services
designed for the future, by establishing competitive positioning
programs and by pooling innovative technology and products among
its nationwide membership; and
WHEREAS, in order to take advantage of the rapidly changing
environment in the electric utility industry, a public utility the
size of the City of Denton's electric utility must acquire a great
deal of knowledge of the electric energy market in order to
identify, negotiate, and make the most advantageous deals attain-
able in the market; and
WHEREAS, the City of Denton recognizes the necessity of
combining resources and knowledge with other public electric
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utilities in order to effectively and competitively function, and
expects to derive substantial benefit and advantage from its
membership in EASC and accordingly, desires to become a member of
EASC; and
WHEREAS, in order to comply with the Bylaws and the rules of
EASC, the City of Denton is required to pay annual dues; and
WHEREAS, the Public Utilities Board of the City of Denton and
the City Manager have reviewed and recommended that the City
Council approve the City of Denton Electric Utility joining Energy
America Services Company, Inc. as a Member and the payment of such
annual dues; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City of Denton Electric Utility is hereby
authorized to join Energy America Services Company, Inc. as a
Member; and that the City Manager is authorized to execute any and
all documents necessary and incident to the City of Denton Electric
Utility becoming a member of Energy America Services Company, Inc.
SECTION ii. That the expenditure of funds in the amount of
$5,000.00 to be paid to Energy America Services Company, Inc. is
hereby authorized.
SECTION III. That Sharon Mays, Electric Utility Director, City
of Denton, Texas is approved, and is hereby designated and
appointed as the representative of the City of Denton to Energy
America Services Company, Inc.
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SECTION iV. 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
i/
BY:
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COX)e[[j,Ofd
4genda No.. 96 0
Agenda Item
Data_LAp P(V _
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING SETTLEMENT OF
THE CLAIM OF WILLIAM J. AND APRIL COX IN AN AMOUNT NOT EXCEEDING
$28,000; AUTHORIZING THE CITY MANAGER TO ACT ON THE CITY'S BEHALF
IN PAYING THE SETTLEMENT, SUBJECT TO THE EXECUTION OF A RELEASE
APPROVED AS TO FORM BY THE CITY ATTORNEY; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, the claim for damages of William J. and April Cox was
submitted against the City of Denton, Texas; and
WHEREAS, the City Council of the City of Denton, Te as
believes that it is in the best interest of the City to compro the claim in an amount not exceeding un
tainty of trial; NOW THEREFORE, $28,000 to avoid the he un -
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the proposed settlement of the claim of
William J. and April Cox in an amount not to exceed $28,000 is
hereby ratified and approved, subject to final execution of a
release of all claims by adverse parties, in a form approved by the
City Attorney.
SECTION II, That the City Manager is hereby authorized to act
on the City's behalf in paying the settlement obligations author-
ized herein.
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 SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Agenda No. 96 - OF
Agenda Item
Date
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CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPHONE 817.566.8309
Office of the City Secretary
MEMORANDUM
DATE: November 25, 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:
Keep Denton Beautiful - Council Member Krueger has nominated Sara
Saunders.
Sign Board of Appeals - Council Member Beasley has nominated Brent
Thornton.
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Cable T. V. Advisory Board - Joe Dodd has resigned. This is a
nomination for Mayor Pro Tem Brock.
If you require any further information, please let me know.
J n fer a ers
Secret ry
ACCOOOF4
"Dedicated to Quality Service"
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