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Home My WebLink About11-19-1996 S r E E s CITY COUNCIL AGENDA PACKET November 19, 1996 G F AGENDA Agenda No. CITY OF DENTON CITY COUNCIL Agenda Item Date I L - lq .-cj November 19, 1996 Closed Meeting of the City of Denton City Council on Tuesday, November 19, 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. Discuss status and consider settlement demand of John Hodges' claim. B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 Regular Meeting of the City of Denton City Council on Tuesday, November 19, 1996 at 7:00 p.m. in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following items will be considered: 1. Pledge of Allegiance A. U.S. Flag B. Texas Flag "Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible." 2. Approval of the minutes of September 3, 1996. 3. Presentation of Texas Downtown Association Awards. CITIZEN REPORTS 4. Receive a report from Don White and representatives of Chi Omega, Kappa Kappa Gamma, Delta Sigma Phi, and Sigma Tau Gamma regarding feeding the needy for Thanksgiving. 5. Consider a report from Joe Dodd regarding "three things". PUBLIC HEARING 6. Hold a public hearing and consider adoption of an ordinance providing for a change from the Single Family 7 (SF-7) zoning district and use designation to a Neighborhood Service Conditioned (NS[C]) zoning district classification and use designation, for lot 5 of the r a 7 i City of Denton City Council Agenda November 19, 1996 Page 2 replat of the T.N. Skiles subdivision located on the northwest corner of Westway and Anna Streets. (The Planning and Zoning Commission recommends approval 5-1.) CONSENT AGENDA ITEMS 7.19 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 7 - 19). 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 7 - 19 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. 7. Ordinance authorizing the execution of a change order to a contract between the City of Denton and Dickerson Construction; and providing for an increase in the purchase order price. (Bid #1799 - Panhandle/Egan Sanitary Sewer) 8. Ordinance authorizing the execution of a change order to a contract between the City of Denton and M. D. Henry Company, Inc.; and providing for an increase in the purchase order price. (Bid #1926 - Jim Christal Substation Package) 9. Ordinance authorizing the expenditure of funds for the purpose of payment by the City for permit fees to Texas Natural Resources Conservation Commission (TNRCC). 10. Ordinance providing for the expenditure of funds for purchases of materials or equirment which are available from only one source in accordance with the provisions of State law exempting such purchases from requirements of competitive bids. (P.O. #70309) 11. Ordinance authorizing the Mayor to execute an agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. 12. Ordinance authorizing the Mayor to execute an agreement between the City of Denton and Denton County for the impoundment and disposition of dogs and cats and the collection of fees pursuant to the provisions of said agreement. 13. Resolution approving an interlocal ambulance agreement between the City of Denton and Denton County for ambulance services. 4 a i I, City of Denton City Council Agenda November 19, 1996 Page 3 14. Resolution approving an interlocal ambulance agreement between the City of Denton and the City of Argyle for ambulance services. 15. Resolution approving an interlocal ambulance agreement between the City of Denton and the City of Krum for ambulance services. 16. Resolution approving ~n interlocal ambulance agreement between the City of Denton and the City of Krunt for ambulance services. (1995-96 fiscal year) 17. Resolution approving an interlocal ambulance agreement between the City of Denton and the City of Sanger for ambulance services. 18. Resolution approving an interlocal ambulance agreement between the City of Denton and the City of Shady Shores for ambulance services. 19. Ordinance authorizing the Mayor to execute a depository pledge agreement between the City, First State Bank of Denton, Texas, and Texas Commerce Bank, N. A. ITEMS FOR INDIVIDUAL CONSIDERATION 20. Ordinance making findings consistent with Section 26.001 of the Parks and Wildlife j Code, including the finding that there is no feasible and prudent alternative to the use or taking of 13.06 acres in Abstract 616 and 1007 out of South Lakes Park in the City and County of Denton, Texas; authorizing the Mayor to execute a conveyance of this 13.06 acres of undeveloped City park land to the Denton Independent School District in exchange for a 5.105 acre tract of land near Evers Park in Abstract 186 in the City and County of Denton, Texas to be used for park purposes; making certain oth,:r findings; making this ordinance cumulative of other ordinances; providing a severability clause; and providing a savings clause. 21. Consider adoption of an ordinance whereby the City of Denton, Texas, and GTE Southwest Incorporated agree that, f )r the purpose of operating its telecommunications business, the Telephone Company shall, construct, erect, build, equip, own, maintain and operate in, along, under, over and across, the streets, avenues, alleys, bridges, viaducts, and public grounds of the City, such posts, poles, wires, cables, conduits and other appliances, structures and fixtures necessary or convenient for rendition of telecommunications services in said city and for conducting a general local and long- distance telephone business, prescribing the conditions governing the use of public rights- of-way for the Telephone Company's telecommunications business, prescribing the quarterly compensation due the City under this ordinance, providing the right of the City to use certain facilities of the Telephone Company; specifying governing laws; providing for assignment; prescribing the term and effective date of said agreement; providing for notice; providing for binding effect, providing that the ordinance be cumulative; providing for governmental immunity; providing for consent and acceptance; providing for severability; providing for choice of law and venue; finding and determining that the T +r1 r City of Denton City Council Agenda November 19, 1996 Page 4 meeting at which this ordinance is passed is open to the public as required by law; providing for future contingencies, providing for repeal of conflicting ordinances; providing for release of all claims under prior ordinances; providing for alternate dispute resolution; and providing for method of acceptance. 22. Ordinance authorizing the City Manager to execute the first amendment to a professional services agreement between the City of Denton and Lloyd, Gosselink, Fowler, Blevins and Mathews; and authorizing the expenditure of funds as provided in the agreement. 23. Ordinance approving and authorizing the Mayor of the City of Denton, Texas to execute a resolution authorizing participation of the City of Denton in the Texas Local Government Investment Pool and designating authorized representatives; and authorizing the Mayor to execute a revised participation agreement between the Texas Local Government Investment Pool and the City of Denton; and authorizing the expenditure of funds therefor. 24. Resolution authorizing the submission of an application of the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding for the Denton Delinquency Prevention/Intervention Program for Juveniles. 25. Resolution authorizing the City Manager to execute an interlocal cooperation agreement with the University of North Texas to enable an exchange of right-of-way to allow the rerouting of Avenue E to accommodate the construction of a new Music and Fine Arts i Education Building. 26. Ordinance abandoning and vacating right-of-way casement in the vicinity of Avenue E, north of Interstate Highway 35E and south of Eagle Drive. 27. Consider approval of a resolution of the City Council of the City of Denton, Texas consenting to the issuance of bonds by the Texas Municipal Power Agency to acquire the property subject to the leveraged lease agreement held by Metlife Capital Corporation and the Texas Teacher Retirement System; authorizing the City of Denton, Texas to execute all appropriate documents and certificates in furtherance of, and necessary and incident to the issuance of said bonds. 28. Briefing and give direction regarding assignment of extraterritorial jurisdiction with the City of Aubrey. 29. Nominations/appointments to Boards and Commissions. 30. Miscellaneous matters from the City Manager. 31. Official Action on Closed Meeting Items: A. Legal Matters t! 4 i City of Denton City Council Agenda November 19, 1996 Page 5 B. Real Estate C. Personnel D. Board Appointments 32. New Business This item provides a section for Council Members to suggest items for future agendas. 33. Possible Continuation of Closed Meeting: A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071 B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE See. 551.074 1 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 , 1995 at o'clock (a.m.) (p.m.) CITY SECRETARY I NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE OF THE SCHEDULED MEETING. PLEASE CALL THE CITY SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS DEVICES FOR THE DEAF (TDD) BY CALLING 1-800-RELAY-TX SO THAT A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH THE CITY SECRETARY'S OFFICE. ACCO034E Agenda ND. Agenda Item a- CITY OF DENTON CITY COUNCIL MINUTES Date I t lQ `q(e September 3, 1996 The Council convened into a Closed Meeting on Tuesday, September 3, 1996 at 5:45 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. 2. Discussed status and considered settlement of litigation styled Jobnson/McCoy v. City of Denton. 3. Discussed status and considered settlement of litigation styled Cohagen. et al. v. City of Denton B. Real Estate Under TEX. GOVT CODE Sec. 551.072 C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074 The Council convened into a Regular Meeting on Tuesday, September 3, 1996 at 7:00 p.m. in the Council Chambers of City Hall. PRESENT: Mayor Miller; Mayor Pro Ten 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 July 23, 1996. Young motioned, Biles 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. 3. Recognition of Ms. Cynthia Wren and Ms. Joanne T. Hanna for lifesaving efforts. Deputy Chief Thomason stated that these individuals were responsible for saving the life of an individual in a local restaurant. Y i • v City of Denton City Council Minutes September 3, 1996 Page 2 Mayor Miller presented Ms. Wren and Ms. Hanna with a letter of recognition. Mayor Miller presented Yard of the Month awards to: Jeff and Amy Richard Clara Lockhart Sunburst Place II Apartments James and Judith Solomon C. L. Rodema Business Award - Memories So Special 4. Citizen Reports A. The Council received a citizen report from Roderick E. Courtney regarding city Policies Section 109.01 and 109.03. Mr. Courtney was not present at the meeting. B. The Council received a citizen report from Dan McBride regarding dangerous solicitation during the Fireman's Fill-The-Boot campaign. Mr. McBride stated that two weeks ago as he was going to a High Noon Lions meeting he saw a fire truck in the median at the intersection of Lillian Miller and I-35 and fire fighters running back and forth. He started paying attention to what was going on and was very distracted while driving. He later found out that the fire fighters were collecting contributions for MS. He had requested to speak to Council before an article came out in the Record-Chronicle. These individuals could have been very safe people working the intersection but they could not control the actions of individuals driving the intersection. This was a very congested intersection with many distractions. A great deal of money was raised for the event but raising that amount of money in traffic was not safe. The City Attorney knew that this was not safe and there obviously were political actions involved in allowing such activities. He suggested not allowing individuals to cross lanes of traffic and requested that the Council reconsider allowing individuals to work in the traffic. Council Member Cott stated that it took almost six years of work from the fire fighters and Chief to allow the fire fighters to solicit in the streets. The Council did not easily give that permission. Twenty percent of the contributions to the muscular dystrophy telethon came from firemen. The Council thought long and hard to make sure no one was in traffic. People were working between traffic as much as possible. Mr. McBride needed to understand that this was a very important fund raiser. McBride stated that he was bringing to Council an unemotional safety issue and Council Member Cott was entering emotional issues about Jerry Lewis and his hard work. There were many ways to raise money and having firemen dart in and out of traffic should not be one of them. i t City of Denton City Council Minutes September 3, 1996 Page 3 C. The Council received a citizen report from Joe Dodd regarding a request for resignation of all sitting City Council Members. Mr. Dodd stated that Council was not listening to what he said and what the Labor Party was saying several weeks ago. He was troubled by statements made by Council Members regarding the issue of the Economic Development Corporation. He was concerned about a Council Member indicating that he was forced to go along with the issue as jobs were promised. He questioned whether the explanation of 4B presented by Ms. McKean was the first time the Council had had such an explanation and was that the first time Council had really considered 4B. If so, all the Council were liars because the agenda for April 16th, May 14th and May 21st, indicated wording regarding the formation of a 4B corporation to be formed by the City. On May 31st there was a petition to the Council filed by the E*,11 lawyer naming Mayor Miller and Council Member Biles to their board. There were Closed Sessions on June 4, June 11, June 18 and June 25 about the possible lease and terms of lease of the TI property by a 4B corporation to be formed by the City. Also on June 251:h there was a vote on a resolution for the County to form a district. He asked if the Council was talking about something behind closed deers and then forgetting it when in open session. He felt those. meetings were invalid. City Attorney Prouty stated that he provided information to council on 4B in his status reports dating back to last year. it was obvious that this was not the first time Council had heard of 4B. Mr. Dodd had made a number of accusations which were misleading about the Council having illegal meetings. The Council did not have any illegal closed meetings on the Dell Computer deal. Council was allowed to go into Executive Session to discuss the purchase, exchange, lease or value of property. The Council was discussing those issues and the way those meetings were noticed indicated the exchange or purchase of the TI property from Dell Computer and the release of the property back to Dell. That was a discussion of a lease, a sale and also the value of real property which was allowed in Executive Session under section 551.072 of the Local Government Code. In addition, the Council had the right to consult with its attorney concerning complex transactions like this under the attorney-client privilege. The statements that these meetings were illegal was not true. At one time Mr. Dodd indicated that Council could go to jail. The Council would not go to jail for violation of the open Meetings Act. In addition to the Council, the County had closed meetings, the DISD had closed meetings on this item and he assumed that their attorneys advised them in the same manner. In the event that he was wrong, the District Attorney's Office was incorrect and the DISD's attorney was incorrect, Council acted on good faith on advice from its City Attorney. In each instance the Council went into Closed Sessions on advice of the city Attorney. The Open Meetings Act could not be violated by going into closed Sessions unless it was knowingly done so. 0 City of Denton City Council Minutes September 3, 1996 Page 4 Dodd stated that he did not say Council could go to jail for violating the open Meetings Act.r!e agreed with the city Attorney that Prouty and most of the attoriays involved bore most of the weight for what had gone wrong. Mayor Miller stated that the City Attorney had been practicing law for 25 years in city government and municipal district governments and knew the law well. Mr. Dodd was using his opinion against the Attorney's opinion. Council Member Young indicated that he could not say anything about the issue because it was the law. They had discussed the issue in Executive Session and it was not legal to talk about items discussed in Executive Session. Council Member Krueger stated that he made a comment two weeks ago to an individual that CDD stood for County Development District not the City Development District. He asked why that individual had + not addressed the County. He asked Mr. Dodd why he had not been to the County to address the issue. He felt it was because the county did not have T.V. and did not have radio. Dodd indicated that he had not addressed the issues which the County and DISD had done wrong. only those issues which the city had done wrong. Two members of the City Council were on the Board and the only voter was from the City staff. D. The Council received a citizen report from Nell Lights in response to a staff report. Ms. Lights was not present at the meeting. 5. Public Hearings A. The Council held a public hearing and considered adoption of an ordinance to rezone 7.352 acres from the Agricultural (A) zoning district to the Light Industrial conditioned (LI(c]) zoning district. This tract was located on Teasley Lane, south of Hickory Creek Mobile Home Community. (Z-96-029) (The Planning and Zoning Commission recommended approval 7-D.) Frank Robbins, Director of Planning and Development, stated that this was a conditioned zoning district with two conditions. The only use allowed for the property would be light industrial and there would be a height limit of two stories. The Planning and zoning commission's evaluation of this project took into account the Denton Development Plan's policy regarding economic development which indicated that intensity policies could be waived for economic development. The Planning and Zoning Commission granted an intensity waiver due to the nature of the business. The Mayor opened the public hearing. No one spoke during the public hearing. n f s City of Denton City Council Minutes September 3, 1996 Page 5 The mayor closed the public hearing. The following ordinance was considered: NO. 96-185 AN ORDINANCE OF THE CITY OF CENTON, TEXAS, PROVIDING FOR A ` CHANGE FROM THE AGRICULTURAL (A) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE LIGHT INDUSTRIAL ' CONDITIONED (LI-C) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 7.352 ACRES OF LAND LOCATED ON THE SOUTH SIDE OF TEASLEY LANE, EAST OF HICKORY CREEK; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Biles motioned, Young seconded to adopt the ordinance. 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 held a public hearing and considered adoption of an ordinance amending a detailed plan of Good Samaritan Village. The property consisted of 26.817 acres in Planned Development 21 and was located on the southeast corner of Hinkle Drive and Headlee Lane. (The Planning and Zoning Commission recommended approval 6- 0.) Frank Robbins, Director of Planning and Development, stated that this would be an expansion of the existing use of Good Samaritan on Hinkle Drive. The proposal would add ten duplex units, an activity area, chapel and two storage units. A great deal of property would involve a drainage issue. The City's CIP would help with the drainage in the area and Good Samaritan would provide the City funds for their portion of the drainage improvements which were needed to be made. The Mayor opened the public hearing. No one spoke during the public hearing. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-186 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING THE DETAILED PLAN FOR PLANNED DEVELOPMENT NO. 21 (PD-21) AS SHOWN IN THE ATTACHED DETAIL PLAN FOR 26.817 ACRES OF THE 27.437 ACRES THEREIN DEFINED; PROVIDING A SAVINGS CLAUSE; REPEALING ORDINANCES 84-96 AND 94-149; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. T V S City of Denton City Council Minutes September 3, 1996 Page 6 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. C. The Council held a public hearing and considered adoption of an ordinance to rezone 2.6662 acres from the Single Family 16 (SF-16) zoning district to the Office Conditioned (O[c]) zoning district. The subject property was located on the west side of Lillian Miller, approximately 500 feet south of I-35E. (The Planning and Zoning Commission recommended approval 7-0.) Frank Robbins, Director of Planning and Development, stated that the land owner and neighborhood had reached an agreement with recommended conditions. The list of conditions was included in the agenda back-up materials and dealt with a number of architectural aspects. Council Member Young asked if there were any provisions for Mr. Franklin to have access from Conway to Lillian Miller and was he ` notified about the process. Robbins stated that the issue had been discussed but there was no formal element of access for another party. This was not part of the zoning. There was no condition or specific requirement to allow for access. That was not the kind of condition that could be made part of the zoning ordinance. Mayor Pro Tem Brock stated that as the Planning and zoning commission was technically the petitioner, would the Council's Rules and Procedures have to be suspended so that the proponent would present the zoning case. Mayor Miller stated that that had already bsen done. The Mayor opened the public hearing. Rob Rayner stated that originally the proposal started with ten conditions and now there were thirteen conditions. That list represented many hours of discussions with the neighbors. The list of conditions were good and both parties were agreeable to those conditions. The conditional zoning worked over a planned development as it allowed for flexibility of the landowner and at the same time did not prohibit prospective buyers from looking at the property. Council Member Young asked if Mr. Rayner had talked with Mr. Franklin and did he understand the issue with access to Lillian Miller. Rayner stated that he had talked to Mr. Franklin several weeks ago concerning access. He was not involved with those negotiations. b s f City of Denton City Council Minutes September 3, 1996 Page 7 Council Member Young stated that he was afraid that Mr. Franklin would be surrounded and not have access. Mr. Franklin wanted to work it out with the Bank for access. As Mr. Franklin had not returned to him with questions, everything must be acceptable. Phil Gallvan thanked Council and the Planning and Zoning Commission for working with them to reach an agreement with the neighborhood. The Bank pledged to remain a good neighbor and to continue to work with the neighborhood association as development occurred. Vera Gershner stated that the time in negotiations had been well spent and a result of the negotiations was the strengthening of the neighborhood. Mr. Rayner indicated that much time had been spent in meetings. He had only attended two meetings so he did not spend much time with the neighbors. They had to come together as a community in order to find the answers by themselves. The key aspect was in the meeting in which they took a vote on the alternatives presented. Those were compromises which the individuals could accept. The last part of this would be what would happen next. if this zoning was approved, the neighbors would be watching what would happen next. Mayor Miller indicated that Chuck Carpenter supported the proposal but did not wish to speak at the meeting. The Mayor closed the public hearing. The following ordinance was considered: NO. 96-187 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 16 (SF-16) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO THE OFFICE CONDITIONED (Ofa]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION FOR 2.6662 ACRES OF LAND LOCATED ON THE WEST SIDE OF LILLIAN MILLER PARKWAY APPROXIMATELY 500 FEET SOUTH OF I-35E; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. Brock motioned, Biles seconded to adopt the ordinance. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye's, Biles 4~aye't, and Mayor Miller "aye". Motion carried unanimously. 6. Consent Agenda Biles motioned, Young seconded to approve the Consent Agenda as presented. On roll vote, Beasley "aye", Brock 10aye", Cott "aye", Krueger "aye", Young "aye", Biles Itaye", and Mayor Miller "aye". Motion carried unanimously. s r C r City of Denton City Council Minutes September 3, 1996 Page 8 A. Bids and Purchase Orders: 1. P.O. 167375 - Paradigm B. Agreements 1. City of Gainsville - Rental of Tub Grinder 7. Consent Agenda Ordinances The Council considered consent Agenda Ordinance 7.A. - 7.B. Biles motioned, Young seconded to approve the Consent Agenda Ordinances 7.A. - 7.B. On roll vote, Beasley "aye's, Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. A. NO. 96-188 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. (A.1. - P.O. 167375) B. NO. 96-189 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT WITH THE CITY OF GAINSVILLE, TEXAS FOR THE PURCHASE OF VARIOUS GOODS AND SERVICES BY WAY OF A PURCHASE ORDER TO THE CITY OF DENTON; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING FOR AN EFFECTIVE DATE. (6.A.2.) 8. Ordinances A. The Council considered adoption of an ordinance amending Ordinances 85-59 and 96-103 by approving a corrected legal description of a 10 acre tract located east of Mayhill Road approximately 1000' north of the intersection of Gayla and Mayhill Roads. Frank Robbins, Director for Planning and Development, stated that this was a zoning ordinance in which a detail plan for a tower site was adopted with an incorrect legal description. This ordinance attached the correct legal description. The following ordinance was considered: NO. 96-190 AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AMENDING ORDINANCES 85-59 AND 96-103 BY APPROVING A CORRECTED LEGAL DESCRIPTION APPLICABLE TO ORDINANCE 96-103; AND PROVIDING FOR AN EFFECTIVE DATE. r t S F City of Denton City Council Minutes September 3, 1996 Page 9 Biles motioned, Young 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. 9. Resolutions A. The Council considered approval of a resolution appointing certain persons to an Economic Development Sales and Use Tax Task Force to evaluate, make recommendations and to promote a sales and use tax election for economic development. Betty McKean, Executive Director for Municipal services/ Economic Development, stated that this resolution allowed for the appointment of eleven named individuals and in addition, three appointees each for each Council Member for a total of 32 members of the committee. The committee would bring back a recommendation to the Council by November 5, 1996 on the uses and recommendations for calling an election for either a 4A or 4B or combination sales tax. Council Member Biles stated that Section 2 of the resolution stated "evaluating the advantages of a 4A or 4B" and he suggested adding a clause 014A, 4B, or a combination thereof". Council Member Krueger stated that Council Member Bilesf original motion indicated that Mr. Hall was to chair the committee. Council Member Biles replied correct. Council Member Krueger stated that that was not in the wording of the resolution. He asked if that would be conflict of interest. Mayor Miller stated that Mr. Hall did not want to serve in that capacity. The following resolution was considered: NO. R96-040 A RESOLUTION OF THE CITY COUNCIL APPOINTING CERTAIN PERSONS TO AN ECONOMIC DEVELOPMENT SALES AND USE TAX TASK FORCE TO EVALUATE, MAKE RECOMMENDATIONS, AND TO PROMOTE A SALES AND USE TAX ELECTION FOR ECONOMIC DEVELOPMENT; AND PROVIDING AN EFFECTIVE DATE. Biles motioned, Young seconded to approve the resolution with the added clause "or combination thereof". Joe Dodd stated that at several points in the growth of this economic development program, it was said that the next group would indicate what would be purchased with the money. When it was a temporary group, they would tell; when it was a permanent group, they would tell and now no one would tell what would be bought. At r d E City of Denton City Council Minutes September 3, 1996 Page 10 some point there was a need to know what was going to be purchased. He asked the Council to consider a ballot which included the possibility of voting against an economic development committee altogether. Someone might want to vote against a sales tax but want an economic development committee and others might not want one altogether. Council Member Krueger suggested allowing the committee to decide on a chair. Council Member Biles amended his motion to include a provision to allow the committee to select its own chair. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Council Member Cott appointed Warren Searls, Shirley Krueger, and Bob Powell. Mayor Pro Tem Brock appointed Greg Sawko, Bette Sherman, and Rudy Rodriguez. Council Member Beasley appointed Joe Mulroy, Peggy Capps, and Margaret Smith. Council Member Krueger appointed Mike McMillem, Tom Reece, and Bob Schutte. Council Member Young appointed Don White, Sr., Janice Parks, and Ray Croff. Council Member Biles appointed Larry Collister, Bill Thomas, and Lindsey Keffer. Mayor Miller appointed Mark Burroughs, Priscilla Sanders, and Bill Giese. B. The Council considered approval of a resolution appointing ex-officio members to the Board of Directors of the Economic Development Corporation of Denton, Inc. The following resolution was considered: NO. R96-041 A RESOLUTION OF THE CITY COUNCIL APPOINTING EX-OFFICIO MEMBERS TO THE BOARD OF DIRECTORS OF THE ECONOMIC DEVELOPMENT CORPORATION OF DENTON, INC.; AND PROVIDING 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. t F City of Denton City Council Minutes September 3, 1996 Page 11 10. The Council considered a voting and alternate voting delegate to the National League of Cities' Annual Business Meeting. Council Member Young nominated Mayor Miller as the voting delegate and Council Member Biles as alternate. On roil vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 11. The Council considered nominations/appointments to the City's Boards and Commissions. Council Member Young nominated David Johnson to the Plumbing and Mechanical Code Board. Council Member Cott nominated James Gwilliams to the Cable Television Advisory Board at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. Council Member Beasley nominated Charles Ridens to the Traffic Safety Commission at a prior meeting. On roll vote, Beasley "aye", Brock "aye", Cott "aye", Krueger "aye", Young "aye", Biles "aye", and Mayor Miller "aye". Motion carried unanimously. 12. Miscellaneous matters from the City Manager. The City Manager did not have any items for the Council. 13. There was no official action taken on Closed Meeting Items discussed earlier. 14. New Business The following items of New Business were suggested by Council Members for future agendas: A. Council Member Yourg asked for an agenda item for voting on whether to have Mary Horn's office collect City taxes. Following the completion of the Regular Session the Coun-lil convened into a Work Session to consider the following: 1. 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 in the agenda back-up materials. Tab 08 provided information on the ECA rate; Tab 19 presented information on employee compensation; Tab JIG provided information regarding hotel occupancy tax allocation; Tab {11 provided information on grass establishment at South Lakes Park; Tab 112 provided information on sales tax projections; Tab 113 provided information on ad valorem S 4 F t City of Denton City Council Minutes September 3, 1996 Page 12 tax collections; Tab 114 provided information on responses to a Fire Fighters Association request; Tab 115 dealt with designated fund balance; and Tab ¢16 listed the major issues to review at this meeting for direction. 1. General Fund Reserve Level - Council had had a policy of maintaining a General Fund unreserved balance for unforeseen emergencies at 10$. It was anticipated that there would be some funds available over that 10% for one-time expenditures. Council Member Krueger stated that last year the process was started with a $150,000 deficit due to lower sales tax projections, This year the sales tax projections were above so why was the process not starting with a positive. DuBose replied that those additional sales tax projections were used to balance the budget. Next Monday there would be a naw sales tax number which might provide additional resources to use with the budget. Council Member Cott asked what was the $518,000. DuBose replied that those were funds which were a previous designation of the General Fund balance and for which no designation was noted. That was a one time resource for one time expenditures. Council Member Cott suggested returning those funds to the taxpayers. DuBose replied that she would not know how to go about that. Mayor Miller stated that there were years of projects which needed funding. This money could be used for those projects. DuBose stated that the recommendation was to take this as a resource to use for projects which would help the citizens. Council Member Biles suggested accepting the City Managerfs proposal on the fund balance. 2. Revenues tax this A. Sales Tax - cent to reduce the property tax - the sales ear did not and wouldynot generategandecreaseoinhthercity's peroy tax reduction property tax x rate. e, B. Sales tax - one percent general purpose tax - the proposed budget included a 4 1/2% growth in the general purpose sales tax. The overall receipts were over the current yearl's estimate. Currently the figure was 6% over the prior year but equal with the budget estimate. a d City of Denton City Council Minutes September 3, 1996 Page 13 Council Member Biles asked what types of information were used to make the projections of growth. DuBose replied that the projection was based on the City's particular area for growth and the information was provided by the State Comptroller's office. It was felt that 4 1/2% was achievable and prudent. Consensus of the Council was to have the 4 1/2% projection. C. Property Tax - the proposal for the property tax rate was to reduce the rate by one cent. This rate would be $.5309. Consensus of the Council was to keep the proposed rate. D. Swimming Pool Fee - the recommendation was to increase the fee to $1.25. Scholarships would be available for lower income individuals. Council Member Young indicated that the number of free passes should be increased to 800. DuBose replied that currently 500 passes were available. Staff would have to locate an additional $375 in order to have 800 passes. Mayor Miller asked if the demand was over the 500 passes. Ed Hodney, Director of Parks and Recreation, stated that 500 was the current demand. If there were requests over 500, they would be granted. Council Member Young felt that there should be 800 passes available for citizens. Hodney stated that the demand had not indicated that 800 passes were needed but it could be done if there was such a request. Consensus of the Council was to proceed with the recommendation of $1.25 for pool admission. 3. Pay Plan Adjustments - the proposed budget recommended a 3% lump sum payment to every employee and an incentive program to award employees. Other alternatives had been suggested such as using the incentive plan as a one time source to increase the lump sum payment to 3.35$. Council Member Young asked how much a 33 increase in base pay would cost. DuBose replied that a 3.16% increase would cost $707,000 of on- going costs. i V f City of Denton City Council Minutes September 3, 1996 Page 14 Council Member Young motioned to incorporate the $81,000 with the $690,000 to give the employees 3.16% increase in base pay. Council Member Krueger stated that this was done last year and that income came from the growth in the local economy. DuBose replied no that the fund balance was used for that. Council Member Krueger seconded the motion as he felt damage would be done to the pay scale if an increase was not given in the base pay. A one time lump sum payment did not provide for a continuous pay plan. Council Member Young stated that giving an increase to the employee's base pay would help maintain a wage structure against inflation and avoided falling behind in area markets. It was not fair to other employees as higher paid employees would receive more money than lower paid employees. Mayor Miller stated that the one-time payment was being considered because of the implication for next year. Last year pay adjustments were increased by $640,000. In this year's budget there was an additional $200,000 as the increases were not all at once. If the Council did what Council Member Young had suggested, the implication for the tax rate next year was also 4 or 5 cents. Council Member Krueger stated that that was not true. Mayor Miller was saying that only $690,000 was budgeted for this. There would be only a one time lump sum which was not in keeping with the Mercer plan. The Council needed to prioritize what it wanted. He wanted to keep with the pay plan. There were other areas to cut in the budget. Council Member Biles stated that there were two perspectives on this issue. one was the side of the person receiving the increase. If that person received a 3% increase, whether as a pay raise or a one-time payment plan, they would still receive the same amount of dollars. The second side was what bothered him. The Council was discussing a budget in which the Council was to be fiscally prudent and spend dollars which would be built into following budgets. Some people were saying that there was a need to curb the growth of government but salary was probably the largest element. If the City could remain competitive by giving the employees a one-time pay, that was the appropriate way to go. Last year Council went way out on a limb for fire protection and spent one-time money to get there. Now there was a need to continue to pay for continued pay increases, new fire fighters and the reopening of the central Fire Station. council Member Cott stated that Council was not the operator of this organization. council needed to turn this issue over to Human Resources with specifics on what council wanted. Pay worked in two ways. It worked for the individual who worked and for those who paid taxes. He would rather return to this issue at a later date. 3 t I City of Denton City Council Minutes September 3, 1996 Page 15 Mayor Pro Tem Brock stated that the Council took on many reoccurring obligations with one-time funding last year. She did not want to do that on a regular basis. It should be done with the anticipation that the City was going to grow and done in a prudent manner and not take a large risk for reoccurring costs. She suggested adding the incentive pay to the lump fund. Mayor Miller suggested having a 4% one time adjustment. In addition to the $81,000 for the incentive award, there would be $148,000 needed from the one-time funds available. 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. Mayor Miller proposed to do a lump sum effective October 1st, not have an incentive award program and make a 4% lump sum. The additional cost of $148,361 would come out of the $518,000. Council Member Biles agreed with the 4% on the one-time basis and the $810000 plus $690,000. He was not sure he wanted to take the extra $148,000 out of the $518,000 at this point in time. Brock motioned, with the understanding that there might be possible modifications, to grant a one-time payment using $690,000 plus $81,000 plus $148,361 from the one-time fund balance which would amount to a 4% one-time payment. Biles seconded with the understanding that the funding for the $148,000 would be revisited. 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. 4. Benefits adjustments A. Health insurance - the proposal was to continue with Harris Methodist with an anticipated 4.11 decrease. B. Retirement TMRS - the proposal was to continue with the current 6% two to one match program. 5. Public Safety A. Police 1. State and Federal Grants - the proposed budget included applying for two grants. One provided funding to hire one juvenile/domestic violence investigator and the second was to purchase mobile data computers for department vehicles. Consensus of the Council was to proceed with budget recommendations. s 4 City of Denton City Council Minutes September 3, 1996 Page 16 2. Projecto Amistad - the proposed budget included funding for an additional police position assigned to the Community services coordinator, to the east and west side community offices, the recreation centers and central police department. Council Member Cott suggested not including the position in the Police Department. If there was ever a good immigration law, if it was too much a part of the police department, there would be problems. Council Member Biles stated that one of the reasons the position was in the Police Department was that it would help qualify the City for matching grants. Council Member Young stated that the position should not be in the Police Department and would only serve one segment of the community. i Young motioned to remove the position from the budget. Motion died for lack of a second. Consensus of the Council was to continue with the program. 3. Positions - consensus of the Council was to proceed with the recommended positions. 4. Misc. - safety computer system, additional funding for district planning teams and area coordinator for COPS program. Consensus of the Council was to proceed with the proposals. B. Fire 1. Dispatchers - the budget proposed funding for three additional dispatchers. Consensus of the Council was to proceed with the recommendation. 2. EMS non-emergency transfer service - the proposal would cost $124,000 to begin the EMS non-emergency transfer service. Council Member Cott asked about equipment costs. Ross Chadwick, Fire Chief, stated that currently there were reserve ambulances stocked with equipment for the program. Currently there were enough supplies and needed vehicles. Council Member Beasley stated that she had a problem with the proposal. She had a problem with the City getting into private enterprise. It might help to diversify the Fire Department but felt she could not support it in the budget. Mayor Pro Tem Brock stated that if that were done, it needed to be done cautiously. Some issues were not answered to her satisfaction r k City of Denton City Council Minutes September 3, 1996 Page 17 and she suggested continuing to research the proposal. Council Member Siles stated that he also had a concern with the City competing with private enterprise. He felt there were a number of legal issues not resolved and he was not comfortable including it with the budget. ' Consensus of the Council was to eliminate the proposal from the budget. C. Misc. equipment and intern for proposed budget. Consensus of the Council was to continue with the proposal. D. Reclassification - included in the budget was the reclassification of three drivers to battalion chiefs. Council Member Krueger asked what the duties of the battalion 4 chiefs would be. Ross stated that they would be shift commanders to supervise, plan and coordinate the activities and operations of all fire stations during a single shift. Consensus of the Council was to proceed with the recommendation. 6. Fire Reserve Fund - the recommendation was to incorporate the use of this reserve as a one-time source of funding. Consensus of the Council was to proceed with the proposal. 2. There was no continuation of the Closed Meeting during the work session. With no further business, the meeting was adjourned at 10:15 p.m. JACK MILLER, MAYOR CITY OF DENTON, TEXAS JENNIFER WALTERS CITY SECRETARY CITY OF DENTON, TEXAS ACC0033B K i! Agenda No. I~ -61T 7 Agenda Item Date IN 9'- Ap CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager DATE: November 19, 1996 SUBJECT: Hold a public hearing and consider an ordinance rezoning Lot 5 of the replat of the T.N. Skiles Subdivision from the Single Family 7 (SF-7) zoning district to a Neighborhood Services Conditioned (NS(c)) zoning district. The subject property is located on the northwest corner of Westway and Anna Streets. RECOMMENDATION: The Planning and Zoning Commission recommends approval of the request (5-1). SUMMARY: See Planning and Zoning Commission Report. BACKGROUND: See Planning and Zoning Commission Report. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Not applicable. FISCAL IMPACT: None. Page 1 h r Please advise if 1 can provide additional information Respectfully submitted: Ted Benavides City Manager Prepared by: Waiter E. Reeves, Jr., AIC Urban Planner Approved: Rick SveMa Assistant City Manager Attachment #9: Planning and Zoning Commission Report. Attachment #2: Ordinance. Page 2 i t: t,. ATTACHMENTI PLANNING AND ZONING COMMISSION REPORT To: City Council From: Planning and Zoning Commission Date: November 19, 1996 Subject: Z-96-041 GENERAL INFORMATION Applicant: Mrs. Jessie Bowden-Taylor 1321 Cambridge Lane Denton, Texas 76201 Owner: Same as above Action: Request change in zoning for Lot 5 of the replat of the T.N. Skiles Subdivision from the Single Family 7 (SF-7) zoning district to the Neighborhood Service (NS) zoning district (Attachment 1). i Location: The subject property is located on the northwest corner of Westway and Anna Streets. Surrounding Zoning and Land Use: North: Single family residences in SF-7 zoning district. South: Single family residences in SF-7 zoning district. East: Church(es) in SF-7 zoning district. West: Aladdin Beauty College, Denton Furniture, parking, single family residence in GR, P, and SF-7 zoning districts. Denton Development Plan: Moderate Intensity Area #50 (35% ailocated) SPECIAL INFORMATION The subject property is platted as Lot 5 of the replat of the T.N. Skiles Subdivision (Attachment 2). BACKGROUND The subject property was placed in the SF-7 zoning district by Ordinance by Ordinance 69-01 which adopted a new zoning ordinance and map for the City of Denton. NOTICE Fourteen (14) notices were mailed on October 11, 1996, five (5) replies were returned in favor, one (1) reply was returned opposed, and one (1) reply was undeliverable. Page 3 S F i ATTACHMENT1 ANALYSIS This request is a rezoning from the SF-7 zoning district to the NS zoning district. The subject property is located in a moderate intensity area. The table below will provide a summary of the Plan related analysis for this project. Denton Development Plan Policy Analysis Summary Moderate Intensity Area Development Rating VS Poflcy POLICY COMMENTS SWAUSAD' sonim" c«, SUM nc«w.t.M 1warNtw+t To be consistent with the Plan, a Allocated Intensity. 62 Intensity trips (acre) development should not exceod its Actual intensity a 64 intensity trips. X allocated intensity. Over Intensity by 356. Moderate Centers Oro located at the Designated a Moderate Activity Center by the intersection of two primary arterials Denton Development Plan. X and at strategic locations abutting a freeway and are spaced approximately a mile apart These centers are a maximum of 60 acres. Diversity Land use diversity shall Proposed zoning will allow for retail uses, be defined as uses other than the dominant land uses In the area such x as commercial, rstall, fight Industrial end office. Diversity Bonus, An Intensity bonus Not applicable. for mixed use developments that Include public or non-profit community type facilities or uses. Commercia/ratal limited to 1/3 of Consistent Current Comma rcialoqo tail the lotal acreage of the center. acreage Is S% of total acreage In intensity x area 50. High Density Housing Not applicable. Transition between land uses. Access to arterial streets Concentration of 760 units. 1/2 mile separation. Site design. Low density residential areas should There Is low density residential use within be protected try strict site design 1,600 feet The applicant *11 have to comply control with setbacks, paridng, with the Landscaping, Screening, and Tree buffering, and landscaping Preservation Ordnance, padding requirements, x requirements, building codes (as applicable), fire codes (as applicable), and signage; setbacks have already been established, no site plan Is proposed. Page 4 8 C ATTACHMENTI Strip Commercial: The intent of the Not strip commercial development in the plan is to encourage centers of classic sense. Area has a mixture of uses, x activities and to discourage strip but to east and south Is largely residential, commercial. while west and north are comriercial uses. Locat" of proposal In rotation to Public facilities availabte to property, x existing or proposed public facilities. Topography Site was developed as a single family rssWence, recently converted to a commercial building (without benefit of permits). Is case presents a'num r o interesting aspects. The applicant as convene t e existing residential structure into a store front for a wig shop. The conversion was done without the benefit of permits. I The surrounding area is clearly transitional. To the north and west are commercial type zonings and uses. To the south is residential zoning and uses. Thus, the typical area for conflict in land use decision making. The proposed zoning is somewhat inconsistent with three policies of the Denton Development Plan, Intensity, Diversity, and Protection of Low Density Residential Areas. However, none of these inconsistencies are excessive, and at least one will be largely addressed by other City Ordinances. fn the case of intensity, the proposed rezoning is 2 intensity trips (3%) over the allocated intensity of the plan. The intensity analysis was done using only the square footage of the existing building. If developed to the maximum allowed by the Neighborhood Service zoning district, a 5,250 square foot, two-story building (minus area for parking) could potentially be placed on the property. In light of this, the Commission recommends a condition limiting the maximum gross square footage to 1,200 square feet (the existing building and shed is approximately 11,112 square feet) would be appropriate given the surrounding land uses. RECOMMENDATION The Planning and Zoning Commission recommends approval of this request subject to the condition that the maximum gross square footage of any buildings(s) not exceed 1,200. ALTERNATIVES 1. Approve as recommended. 2. Approve without conditions. 3. Approve with conditions. 4. Deny. 5. Postpone consideration. Page 5 l 1i ATTACHMENT1 ENCLOSURES 1. Location map. 2. Survey of property. 3. Surrounding zoning map. 4. Surrounding land use map. 5. Draft minutes of October 23, 1996 P & Z meeting. Page 6 1 i G r ATTACHMENTI ENCLOSURE1 3 1N~ 9w Z9 6-041 191 20 Q 20 600 1925 328 11 l a fiaf 210 KIM -2 1 IN 416 4 328 314 I Z 227 601 J Q 301 1 C!0 305 1 JO 315 I ® i 1812 621 - cc ml 1 ®1807x$ 801 1800 1806 621 6 334 1 NSET SUNSET 17A r--- 1721 6D1 1 1 0 ® Q 170 1705 809 605 801 > 1711 1711 1 / 0 171 2 1701 IDB 1406 00 1 8 PIN is NJ 02 1402 408 1 1 WAY STWAY ~~gg WEST L ~i f 4 1620 13 U 1314 1405 1 Q 16 02 809 805 801 ® 1310 1 Zz 8 ImA 130fi B 2 U16 F2] 1302 1 1b EMERY 1 s 16~ 0 ® F 114224 1 6 10 i f808E O - YIN 8 0 U WIJ22 Page 7 080 609 602 601 k1 . _ we , b I _ J r ATTACHMENTI ENCLOSURE2 TO ALL PARTIES DIRECTLY INTERESTED IN THE PREMISES SURVEYED I have ItJo dsle dtrected a carehd end occonle funey made on the ground el the pfoperfy belied at 400 Weshvay Drive, in Iha City of Dentan. Donlon County. Teeas and leln g Lot S. el T N. SKILES SUBDIVISION an odd4on to the Cfy aI Denton. Dentan County. To Sea. accwdvq to the Replal O meal recorded in Volume S. Page 11, of tha Plat Recwds of Denton County, Teus. 1- • 30' re.aa LOT a POST in, uer lot It pSaa'feee•e rfArl ~ •ea•n•se-r t0er •f:•_ _ t trr mr >n tar r LOT -m o ASPHALT r+aHlHo C • ---JIr t e e LOT 4 vWrJ L m nv 6 at Sfrr Q nroenet• ut b 1. 2 0 + cokc DATA Sea r b tre atr •V so 1. MIS In'otr 1 N.fS' s 06.3c va. IN rases W*STWAY DRIVE o`r to LIK's ~h0 `Nu*rfktr rtOOp f TA7 EMQI Il I aM eren•+ed eV r E MA rtoM Fa, rive S Rrte W+0 b a.t Cfr d (7nearl I}veo.f ca.er. Ter.a, CarnariT Ne Sdpt¢i MfehN ddr 6 t.e r a/d liA Papa edeMy OW a.e p k IVerQ+n N deMMd Mod teM of fly Cr Caret M d Y'id rt~rt 7*lowesneeeatr repe"01rq'i idrQftV*rardfwtr•j&SrsdrIT)k%n;6 W4PvrtMtenonll6iK Theta Me ep Ne161P of erePrM kbul n yd.wvnt a eefMTerfr "cent M 11 wn w IV-k" Rod lard r C P • Jame C•rw Pea -m.. Wood rare -e- chow" ►aee uiskAp i On Rod 7d Nh top UIL•l!Ift its" I I•PtarDredCeb B l•Sul'O Lore D l ef}fi+Pae [ed _r~ CT L7~e S7 KERN SURVFYTNG INC. P.O. BOX 507 KRUKT) Page 8 17)482-6723 JOBS/ 961003 Attachment 1 Enclosure 3 i Z•96.041 E 600 5 28 + i 210L206 - O ~~T - I 116 ® L 328 91 116 ice, fiat 415 a ~ 227. 2 1 3 915 05 L r18~ I 181 ~QQ 11~~ 1 601 N I sla3if - ~8 521 521 i L 1800 _ j' N0,. SUNSET r--L-_ - 11~ F-$24 `I 1 1721 w i , Wil 1801 z, 1708 11 705 0 y61761360960%5601 1706 17f1 + - - 1711 1 ` 17+ 0 1T0 f 406 ~ i 1706 701 o,i~i-1~ 1402 ~408i in ACT 1 1700 4 ~ V 3 Ij 405 ~401Q 18A !f' ®1 12 1 f 1 707 70fi 61 06 a ~ ■ 1310 ■ -1 Z - 06 - i 11 13 a~ ~ 1906 2 i 2 i1902 1~ + I0 15 1 M La -EMERY I 1 T ■ ~o i 3 -i 707 70317 61 I ~ V OW~ 0 ~06 ~ I 0.1 ,i MJI p 14M =82 26 - 421 - 200 1417 24 am - ~ 14W T Tlb~ _ -1 24 MW fir 14 400 X6010 s- r 707j 7~17~ 61 18 - , -M2 1 i - t } 10 ■s •1 S0 ~1403 r"18 1104 ~1 td i ~3 19 ~1 1100 1~ 191011 1311_ - - - - ~ _ T 1 r 1305 i p 10~ 3 210 1 12100 ~--1 ii 3,. -1 1029 12 ~ ~ - ■ . ; ' 1 1 1 10 6 Ere Page 9 ATTACHMENT 1 ENCLOSURE 4 n w, zm > n Nacz CP' ° ll HHZ qy 01-4 p q n ti ~ m fI ti yHx Vl Z ~ x 'L H Z \ t c Z K ~ co jr, H .•ti . vl, '..III` £R:. _ ~.+Y 1 :r yyry. U7 ro 03 a N J J O Y O d M x z3 c rr r ~Z 'c z z -3 s-3 H O O r C7 ~ S L 'p w. ro N Coro zoH f ~ < L-3 N 3 H H yy H CA 0 C-3 H Ii z tt O t{ ✓ K Z z 0 " Pi C9 z d ~ p Z tD O co t4 MY \ o O CiK H C \ N H Z H S5~ 7.0^an ~ y N Gt N ~7 O O K r N~cn crime aHS cm ro rare Odx }.,N Z M EG}fn MH >%z H~W N Ocn 2 H Page 10 { M~ Minutes P&Z Commission ATTACHMENT 1 October 23, 1995 ENCLOSURE 5 DRAFT Page 19 III. Bold a public hearing and consider a request to rezone Lot 5 of the replat of the T. N. Skiles Subdivision from the Single Family 7 (SF-7) zoning district to the Neighborhood Service (NS) zoning district. The subject property is located at the northwest corner of Westway Drive and Anna Street. Ms. Russell opened the public hearing. Mr. Reeves: This is a request by Mrs. Jessie Bowden-Taylor to rezone Lot 5 of the replat of the T.N. Skiles Subdivision from the Single Family 7 to the Neighborhood Service zoning district. We sent out fourteen notices. There were eight replies in favor and one opposition. The one that was in opposition does not represent enough to trigger the twenty percent rule. The analysis is in your backup. Ms. Taylor owns a wig shop over on Sunset and she would like to move her shop to this property. Apparently atone point in time she had her shop in the house but moved it and rented the house out as a single family residence. We wouldn't be standing here tonight if our Code Enforcement people had not received a complaint from someone in the neighborhood that the house was being converted to a commercial structure. That is the basis for the application. As you can see in the analysis, as far as the intensity calculation goes this property is in a moderate intensity area. The allocated intensity is sixty-two trips, the actual intensity will be about sixty-four trips. It is three percent over intensity. 1 don't consider that to be significantly inconsistent, but do have to consider it to be somewhat inconsistent. Another policy that is somewhat inconsistent is diversity, in that in the moderate intensity area the plan wants land use diversity defined as uses other than the dominant land uses in the area, such as commercial retail, light industrial, and office. If you look at attachment 4 which is a map showing the surrounding land uses, you will note that in the immediate area the uses are divided between general retail uses and residential uses. Another policy that this is somewhat inconsistent with is the site design, site plan policy that was operative in the last case. There is low density residential use within sixteen hundred feet and it is actually across the street. The applicant will have to comply with the Landscape Ordinance, the parking requirements, building codes, fire codes, and the Sign Ordinance. The setbacks are already established by the plat, but no site plan is proposed. Pretty much all of the issues that are associated with this particular policy are addressed by other requirements of our city ordinances, but there is no site plan associated with it. Staff is recommending approval subject to one condition and that is that the maximum square footage of any buildings not exceed twelve hundred square feet. I have estimated, from the survey that you have as attachment 2, that the square footage of the actual building is slightly more than eleven hundred square feet. Twelve hundred square feet is a nice round figure to go to. Ms. Schertz: Does the applicant know about your conditions and agree with them? Mr. Reeves:' Yes. MwRussell: I believe that we are going to hear from the applicant's attorney, Mr. Phil Phillips. Mr. Phil Phillips: My name is Phil Phillips and I am an attorney in Denton and I am representing Mrs. Jessie Taylor. For your information Mrs. Taylor is the lady that started Jessie's Beauty College back in 1964. She sold it in tk- 70's but she kept her wig business and that is what she mainly wants to do with the subject property. She sells many of her wigs to women and some to men. Many of the people have gone through chemotherapy and she serves those people. She wants to move from her location on Sunset to this property that she owns. i think that there is at least sevtn parking places plus two for the handicapped. 1 think it is an ideal situation for her to operate her wig business out of this location. She is here and she would like to speak to you. She has owned this property for several years. When she came to my office Page 11 G 1 i i ATTACHMENT 1 F ~j Minutes P&Z Commission ENCLOSURE 5 DRA FIJI, October 23, 1996 Page 20 5.he asked me if she needed a lawyer to help her with this process and I told her that she probably didn't, but this is the first time that she has done anything like this and she wanted me to come down with her. I would like to thank each and every one of you for your service to the City of Denton. Ms. Jessie Taylor: My name is Jessie Taylor and 1 live at 1321 Cambridge Lane. 1 have been here since 1964 and 1 came and put in Jessie's Beauty College. In the 70's 1 decided that wigs were needed, so 1 put the wig shop in with the school. When I sold the school I keep the wig business. There were so many people taking chemotherapy and people that didn't have hair that the wigs were needed. I am now at 617 Sunset and I would like to move my business down to 400 Westway, which is property that I own. Mr. Cochran: Can I ask where you are in the construction process? Ms. Taylor: Well the building was already there and it just had to have some walls taken out. Mr. Cochran: Have you opened for business there yet? Ms. Taylor: No, I am still down at 617 Sunset, but I am hoping to move. My lease is about to run out. Ms. Russell: Is there anyone that would like to speak in favor of the petition? Is there anyone to speak in opposition? 1 have a card from Mr. Steve Pruitt. Mr. Steve Pruitt: My name is Steve Pruitt and I live at 1426 Anna Street. I speak in opposition to this because of the fact that there was remodeling done before they even applied for a permit. Concrete was poured. It is true that there are parking spaces there but it does not meet city code simply because they did not apply for a permit. My main opposition to this is that I have an eighteen month old son and 1 don't let him play in the street, but I also know that children can run out into the street and there is a lot of children in this area. I have lived here for almost three years. There are more families moving in with children. I live on this street and there is a lot of traffic up and down the street going faster than the thirty miles an hour. I have a major concern for my son as well as for the other children in this neighborhood, not to mention the fact that I think it would be taking away from the look of the neighborhood. People have been moving in to this neighborhood and trying to revitalize it and I think this would hamper that. Mr. Cochran: Mr. Pruitt where do you live in relation•to this property? Mr. Pruitt: I Ji4e about seven or eight houses south of the intersection on the east side of the road. i Ms. Russ6ll: Is there anyone else to speak in opposition? .Mr. Dan Shea: My name is Dan Shea and I live at 1425 Anna Street. I have lived there for seventeen years. A number of things have transpired through that neighborhood over the years. There have been a lot of changes and revitalization. There were a lot of elderly people that lived in the area and those people have moved out. Some of the property became rental property for a while, but now we are seeing a lot of young families moving in. We do have a problem with cars speeding up and down the street. Several years ago I tried to get a zoning change to put in a garage apartment and was tunzed down. I understood their reasons for turning me down. It had to do with the fact that this is a neighborhood. I understand that her property is an edge property for our neighborhood. In one sense 1 am not too much against that development, there is a lot of semi-commercial development around there, but it directly affects the traffic on that street. As more of that goes commercial, there will N, more traffic that comes up that street and it Page 12 a ,.I F r Minutes P&Z Commission ATTACHMENT 1 DRAFT ENCLOSURE 5 October 23, 1996 Page 21 is high speed traffic. I am concerned because this is not the first time that she has tried to do this, nothing against Ms. Jessie, but she has operated a business out of there opposed to code. She tried to do it again without going through the proper procedure. The biggest concet it that I have is the traffic. I would like to see this neighborhood continue to be revitalized. There are a lot of kids in the area and they do play on the street. In the past 1 have had to stop my car and move the kids out of the street. Mr. Cochran: What is the structure at 404 Westway? Mr. Shea: To my knowledge 404 Westway is a single family rent house. Ms. Russell: Is there any more opposition? The block of Westway, Anna, Sunset and Carroll Blvd., there is 1701, 1705, and 1721 Anna, 400 and 404 Westway, do those happen to be owned by the same owner? (Answer was given without the microphone.) Mr. Reeves: Ms. Taylor owns 409 and 405 Westway, and 1701 and 1705 Anna. She does not own 404 Westway. Ms. Russell: Mr. While shows to be the owner of 404 Westway according to the reply forms and he shows to be in favor of the petition. Who owns 1721? Mr. Reeves: Jack Bowden. Ms. Russell: I was looking to see if we had anyone on that block that was opposed. Who owns 401 Westway? Mr. Reeves: C.W. Ellison and 1 think we did get a reply. Ms. Russell: Mary Gayle Ellison sent a reply and she is in favor. Mr. Reeves: This says C.W. but it wouldn't be the first time that somebody who is dead is listed on the tax roils. Ms. Russell: 1 d , on't see any opposition on that block. Would the petitioner care to make any final remarks? i Mr. Phillips!'We are all concerned about traffic, but Ms. Taylor advises me that she normally has four or five cgst4mers a day and those that come in looking for wigs aren't normally the speed demons of the C unity. Ms. Russell: We will close the public hearing. 1 was interested in the homeowners within this block and we do not have any opposition for this block. Mr. Cochran: This is one of those sticky situations that we get into from time to time and we had a similar case last year over on Bell Ave. It is always unfortunate wtrn someone doee i't know how the system works and makes plans, spends some money, and then they get tangled up in the procedures of the city. We have another situation here where we have the ebb and flow of a neighborhood. We have been discussing the need for affordable housing in the community and we have seen a real trend in our community where oi,e lot at a time non-residential creeps into single family neiQhhorhoods and essentially erodes them away. It Page 13 --T--- a 1 ATTACHMENT 1' A f Minutes P&Z Commission ENCLOSURE 5 yJ Oct ~I October 23, 1996 Page 22 is one of the principles in the Denton Development Plan to preserve single family neighborhoods as being of great value to the community and it is also to encourage moderate income level single family neighborhoods as well. Just because somebody has made a mistake, I personally don't feel that is justification enough to allow something larger to happen. It seems that if we were to approve of this then we would essentially be writing off that entire block up there. Even though it is just one piece, it is going to have some effects that will multiply as time goes on. I am concerned about the whole street, the traffic is one issue but there is also the integrity of the neighborhood. The traffic is going to stay bad as long as the comer of University and Carroll Blvd. is bad. Just imagine if this were Southridge. Mr. Powell: What about this being neighborhood services? That is in the plan. Mr. Cochran: Well I think the neighborhood is well served with neighborhood services. Mr. Pruitt: What I would like to say is that this seems to be a purely economic move. I fully understand her wanting to do that. Where she is located now is designed for retail and it is designed for the traffic. This location is not where you would look for that type of shop. Ms. Ganzer: I have lived very close to this neighborhood since 1959 and I have been familiar with Ms. Jessie's businesses. I think that most of her traffic is going to be people that are already doing business with her. I can't even see her having five cars a day. Mr. Moreno: I don't know what do to about this particular issue, I don't want to punish the applicant for not following proper procedure, but yet there is some neighborhood opposition. Does the Denton Development Plan address or give us some guidelines as far as what to do with these transitional areas? Air. Robbins: There is a good deal of discussion in the Denton Development Plan in some specific areas about transitional areas. This is not in one of those specific areas. I think the most important element in the Denton Development Plan is the intensity area and it is in a moderate intensity area and it is only three percent over which is a function of the size of the building condition. ! Mr. Moreno: If we voted to approve this as a Neighborhood Service what would be the future of this particular building? Could it be converted to something else? Mr. Robbins: That is correct. All of the uses listed under Neighborhood Services would apply. It could be a barber shdp, or a retail establish. Ms. Russell: In looking at this, there is not going to be more than twelve hundred square feet, the block has alry got a school and a retail furniture store on it. It is abutting the shopping area on University. If everything around it was residential then I wouldn't consider it at all. Seeing what else is there 1 don't feel that we are infringing into a residential neighborhood on this block. We already have a mixed use block. If it was on the other side of Westway then I wouldn't even consider it. Mr. Cochran: The issue here is the domino theory and that is what I am concerned about. There is some over there that face Carroll Blvd. but this is going to face Anna Street. Essentially Sunset is the limit at this point. Having a street as a barrier is a reasonable idea and I don't object to that. You made a good point that Westway would make a good barrier, but I contend that Sunset already acts that way. 1 think this sets a precedent of moving it down another block. Fifteen years from now what is to keep us from doing the next lot. I think we have some neighborhoods that deserve some additional scrutiny and protection from us. Page 14 1 Minutes P&Z Commission ATTACHMENT 1 F- October 23, 1996 ENCLOSURE 5 Page 23 The same arguments that you hear from the citizens out in Southridge and other neighborhoods apply to this neighborhood also. Ms. Russell: 1 don't think that will happen in this neighborhood because you do have some revitalization in this neighborhood. Mr. Pruitt: The property that she is talking about faces Westway and there is no other property on that block that is facing Westway and is zoned Retail or NS. Mr. Reeves: While I appreciate Commissioner Cochran's comments, I would have to disagree with them for a number of reasons. The first is that this is a moderate intensity area, this is not a low intensity area. I wouldn't have recommended approval of this if it were in a low intensity area, but it is not. The Plan has already recognized it as a transition area, as a change from the low intensity area to the higher intensity area. I would also disagree with the position that Sunset is the dividing line. You can look at the map and see that there is already General Retail use in this block. Then; is a furniture store, there is a beauty college. I agree that Mrs. Taylor went about it the wrong way, whether through lack of knowledge or intent, it doesn't really matter, the fact is that she is here now doing the right thing which is rezoning the property. She is not occupying the building and she won't occupy it until a certificate of occupancy is issued. To get that certificate of occupancy she will have to meet our landscape requirements, building code requirements, fire code requirements, and parking requirements. The bottom line is that while I appreciate the neighborhood protection issue, moderate intensity areas don't imply that, low intensity does. Mr. Cochran: How many single family neighborhoods are in a moderate intensity area? Mr. Reeves: Quite a few. Mr. Cochran: So you would advocate the same thing for them on the basis of the moderate intensity? Mr. Reeves: If the moderate intensity area was such that all of the surrounding use was single family residential then I probably wouldn't. On this block there is General Retail already. Mr. Cochran: The point that 1 am making about the block is that it has two faces to it. One faces Carroll Blvd. and the other faces Westway Street and those are two different situations. Mr. Powell: I think it is important to note that I don't care whether or not she started something before and it is not going to affect the way that I vote. I don't think that is pan of the argument. I think the argument is whether or not this is a valid use in that area. I move that we recommend approval of Z-96-041 subject to the condition that the maximum gross square footage of any building or buildings not exceed twelve hundred square feet. Ms. Schenz: I'll second that. Ms. Russell: Any further discussion? All in favor of the motion please raise your right hand. Opposed same sign. Approved. (5-1) Mr. Cochran opposed. Page 15 A Z-96-041 C ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS, PROVIDING FOR A CHANGE FROM THE SINGLE FAMILY 7 (SF-7) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION TO A NEIGHBORHOOD SERVICE CONDITIONED (NS[C]) ZONING DISTRICT CLASSIFICATION AND USE DESIGNATION, FOR LOT 5 OF THE REPLAT OF THE T.N. SKILES SUBDIVISION LOCATED ON THE NORTH- WEST CORNER OF WESTWAY AND ANNA STREETS; PROVIDING FOR A PENALTY IN THE MAXIMUM AMOUNT OF $2,000.00 FOR VIOLATIONS THEREOF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ms. Jessie Bowden-Taylor, owner of the subject property, initiated a change in zoning for Lot 5 of the replat of the T.N. Skiles Subdivision (Exhibit 1) from the Single Family 7 (SF-7) zoning district classification and use designation to a Neighborhood Service Conditioned (NS[c]) zoning district classi- fication and use designation; and WHEREAS, on October 23, 1996, the Planning and Zoning Commission recommended approval of the requested change; and WHEREAS, the City Council finds that this change in zoning district will be in compliance with the Denton Development Plan; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the zoning district classification and use designation of Lot 5 of the replat of the T.N. Skiles Subdivision is changed from the Single Family 7 (SF-7) zoning district clas- sification and use designation to a Neighborhood Service Condi- tioned (NS[c]) zoning district classification and use designation under the comprehensive zoning ordinance of the City of Denton, Texas, subject to the following condition: 1. That the maximut, gross square footage of any building(s) not exceed 1,200 square feet. SECTION II. That the City's official zoning map is amended to show the change in zoning district classification. SECTION III. That any person violating any provision of this ordinance shall, upon conviction, be fined a sum not exceed- ing $2,000.00. Each day that a provision of this ordinance is violated shall constitute a separate and distinct offense. SECTIQN IV. That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, a i~o 0 x daily newspaper published in the City of Denton, Texas, within ten (10) days of the date of its passage. PASSED AND APPROVED this, the day of , 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WATERS, CITY SECRETARY i BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 r y r F TO ALL PARTIES DIRECTLY INTERESTED IN TKE PREMSES SURVEYED . • I have Uds dale dlreded a tore M end acclxate survey mode cloth I Wound or the woperty laded •I 100 Wtstway Drive. In the oy of Denton. Donlon taony. Tens end" Lot of TN. SX?LES SUBDMSION En kilifta to Iha .:My of Donlon. Donlon County. Teus. accrpcC q I*" Repld 0+ertot Iecorded In Volume IS. Page t t• of the Plat Records or Oenlon Count', Tttas. 70' rt•et LOT d roll er wr Is vd vhf Prfe•sawa 7044", -"b • 1'• to.0L : r LOT 1 rs Af►NAII PMKN6 FFF r4" ~ N Lor 4 m t~ ar rerr a T t 1 roor et¢a ~Mw ya S CorC MM O 11 1.. In.n Irrw+ T r • ~1s. • a'~? Ii'I9'! f' i1.f1' p orwee• w too, WE-grwAY l7AJVE G► t • inrun ~ xiz•i •`r lISO'Xt, li u FLOOD ETAIEMEM Ilwe e.a..vder r E MA rlrrr I~h••rr• Rot M.•b K• f.rr or DrNa•1 W41ho Oaser, re.te Cer••tesJt qe r6pl9a MedM Wt i e.1r Ird ti Iola Mrsr.s ►ua M P~j ti M.K+n en der+ded nood tent r4" J.o++• sr PoM N7 d ud •un TMPw edy .yty.+r l~ti rrafrd►+ c. Tr¢ard a y-*lr uMr my d. MO+Ydw~cerv~rgn en} 16.96 Them we ft Nebre a ft" M oervfier M•NO•V s e+fM•ot eteeq as sp. No, rn . M•/1vtAAwwPyyed Lard fCP•rents Otto PO+I-m.-Weed7erct-~-fl o•.W rence wS+W •b. Nod Stl .n, crp !1.-X44 X4441 IL f l•Pa v edCM , O1,•QoirE1 [vN n -~7lu^Yc r E Kt RN R Ti rte-' • KERN SURVEYING INC. P.O. BOX 507 KRUMITX. 76249 (817)482-6723 JOBa 961001 . TT b F r' Agenda Nn..,_ l0 Q 7 ORDINANCE NO. Agenda Item Date & AN ORDINANCE AUTHORIZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND DICKERSOrL_CONSTRU n0N PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on 9129 , the City awarded a contract for-P-OU1977-- PA__ tyl DLEI EGAN SANITARYSWFR in the amount of $935,002.40; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such purchase order with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF THE: CITY OF DENTON HEREBY ORDAINS: SECTION_L That the change order increasing the amount of the purchase order between the City and INCKERSON OONSTRUCTI011 copy of which is attached hereto, in the amount of EORTYDN MO LSANn IWO-HUi4DRERFIFTYFDUR_and7DL1DD--- Dollars ($41,254.10), is hereby approved and the expenditure of funds therefor is hereby authorized. The purchase order amount is amended to read $477,256.70. SECTIONIL That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY BY: 1799.FEE 1 w a i S r DATE. NOVEMBER 19,1996 CITY-COUTWI REPORT TO. Mayor and Members of the City Council FROM: Ted Benavidcs, City Manager SUBJECT: CHANGE ORDER #1 - DICKERSON CONSTRUCTION BID # 1799 - PANHANDLE / EGAN SANITARY SEWER REC011M .NDFD: We recommend change order #1 for the above project be approved in the amount of $41,254.70. Public Utility Board recommends approval. SUMMARY: This change order is to lower approximately 478 feet of 8"sewer line between Panhandle and Egan from Ponder to Bryan. The original installation was too high to properly serve the residences along that portion of the sewer main. The negotiated price of $41,254.70 includes deep trenching, deep manhole installation and deep sewer service taps. The original contract was approved by Council September 19, 1995 in the amount of $436,002.00. The new amount will be $477,256,70. This change order is the result of a design and survey error on our part. PROGRAMS, MRGROUPS_AFFECTED. Residences of thePanhandle/Egan area and Dickerson Construction. i FISCAL IMEPACT; Funds for this change order will betaken from Fiscal Year 95 C.I.P. account # 6'25-082-0471-V403-9104. Exhibit 1: Change Order # l Exhibit 2: Revised Purchase Order # 57977 Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw C.P.M. Title: Purchasing Agent 790.AGENDA 2 5 3 r CITY or DENTON CHANGE ORDER 2.-Divieitn ;Lepart.-snt) ?.Purchass "rdar No. _ '.hangs _rcer EneineerincITransp:rtation 57917 4.iJaa.e of Project S.Froiec: Atct No. elate r eparea Egan/Panhandle Sewer Line 625-0B7-n471-')403-?114 Cot 15, 1?36 7.Naze and Addreas of Contrac--r Dickerson ("cnat. Co. Inc., P._. Box 181, Celina, TX 75009 8.Gescripticn of Flora Included in Contract Install sanitary sewer line with apputernances 9.Changes ordered and ressor. craered Relay 3' sanitary sewer to ailcw sufficient grade of house services 10. Bid Original Contract Revised Negotiated Original Revised Contract Item Estimated Unit Estimated C.S. Unit Estimated Estimate; ! Changes Description Quantity Price Quantity Price Cost Cost A 8' Sanitary Sewer 478.71 /LF S70 /IF $33.5C9.-: B 4' Manhole 1 EA $2245 /EA $2,245.CC ~ C Sewer Service 11 EA $500 /EA $5,500.: D I E F (All ITE S ARE FO EXTRA DE TH) TOTAL 541,254."0 11. Original Contract Price $436.002.00 Increase in Contract Price $41.25).70 New Contract Price $477.256.70 Decrease in Contract Price 12. Contract time inaveas&d/decreased by_ 20 days. New contract time 70 days. THt AlWMAWTIONED CHANGE, AND 1101NC AFFECTED THEFT Y, IS SUBJECT TO ALL CONTRACT STIPULATIONS AND CCNEMANTS. 13. SUBMITTED BY: rile SCE _ /O - ~S-1j L SecQon Supervisor Date 14. ACCEPTED BY CITY ENGINE V 9 Sign ure O Da e 15. ACCEPTED BY CONTRACTOR: A,I• A, /2 L Sign ture Title Date 16. ASSISTANT CITY FINAGER: Signature Date DIRECT^R OF UTILITIES: Signature Data CC14DITIONS OF APPROVAL: 17. PURCHASING/FINANCE: Signature Titre Date 18. COUNCIL AFFROVAL fIf needed) Gate 3 r k, v 1 r ' DICKERSON CONSTRUCTION CO., INC. P.O. BOX 181 CELINA, TEXAS 75009 972-382-2123 FAX 972-382-2043 October 8, 1996 City of Denton 221 N. Elm Denton, Texas 76201 Att: Bill Sangster Ref: Panhandle/Egan Sewer (Relay between Ponder & Bryan) Dear Mr. Sangster. We agree to relay the 8" sanitary sewer from Station 3+88 sheet 33 to Station 668.19 sheet 34 of the revised plans showing new grade elevations for the following prices: 1. 8" SDR 6'-11.5' depth 478.71 L.F. @ 70.00 S 33,509.70 2.4' M.H. 10.43 V.F. in depth S 2,245.00 3. Extra depth sewer services with extra depth clean-outs S 500.00 each I feel that this should cover all items that are shown on revised plans and look forward to hearing from you. Sincerely, Dickerson Construction Co., Inc. Lewis Dickerson, President 4 4 k f 901-8 TEXAS STREET CITY OF DENTON, TEXAS PURCHASE ORDER DENTON TX 76201 NU 57977A DATE/VENDOR NO. DOCUMENT T1$ f1-08-96 S50 DIC52500 VENDOR SHIP TO DICKERSON CONSTRUCTION INC CENTRAL RECEIVING S50 P.Q. BOX 181 W/WW ENGINEERING 901 8 TEXAS ST CELINA TX 75009 DENTON, TEXAS 76201 ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUNT 01 625 082 0471 V403 9114 1tttWp81a87 MLE SB7~ T. 41,254.70 BID # 1799 cww= Or4w #1 TOTAL FOR P.O. 41,254.70 The City of Denton, Texas is tax exempt-House Bill No. 20. Reference P.O. Number on all B/L. Shipments and Invoices. Shipments are F.O.B. City of Oentom or as indicated. By Purchasing Division R.R. Number Items Received Date Voucher Number Amount PURCHASING 5 r d 2 Agenda No,_ (o -O~2- ORDINANCE NO. Agenda Ile AN ORDINANCE AUTi!OK:ZING THE EXECUTION OF A CHANGE ORDER TO A CONTRACT BETWEEN THE CITY OF DENTON AND; M.D-HENRy_COMPANY KC PROVIDING FOR AN INCREASE IN THE PURCHASE ORDER PRICE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, on 8:20.96, the City awarded a contract forTDL67053 - J1M CHRISTAL ELECMC-SU9STATION PACKAGE in the amount of 5181,3 &M; and WHEREAS, the City Manager having recommended to the Council that a change order be authorized to amend such purchase order with respect to the scope and price and said change order being in compliance with the requirements of Chapter 252 of the Local Government Code; NOW, THEREFORE, THE COUNCIL OF FHE CITY OF DENTON HEREBY ORDAINS: SECTION-. That the change order increasing the amount of the purchase order between the City and M-D HENRY COMPANY IN.C copy of which is attached hereto, in the amount of SEYENTE N THOUSAND SEVEN HUNDRED_-IMMNTy_SIX_and__ oL140--- Dollars (W.U6.04), is hereby approved and the expenditur. of funds therefor is hereby authorized. The purchase order amount is amended to read $199,064. 00. SEMON-11. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 91996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HEBERT L. PROUTY, CITY ATTORNEY BY: 1926TEE 1 a y F DATE: NOVEMBER 19,1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: CHANGE ORDER #2 - M.D. HENRY COMPANY INC. BID # 1926 - JIM CHRISTAL SUBSTATION PACKAGE RF.f OMMFNDF : We recommend this change order #2 to M.D. Henry Company be approved in the amount of $17,726.00. Public Utility Board recommends approval. SUMMARY: This change order will allow for a substitution utilizing Deutsch connectors and an c. hianufactwing Switch for installation of the substation bus bars. The Deutsch connectors will eliminate the need for a certified welder, and provide better heat, electrical, load bearing and vibration resistance than the welded connection. There is an approximate $7,500.00 savings in installation cost by eliminating the need for a certified welder. Howe,-er, the installation cost was not part of the M.D. Henry contract so the $7,500.00 savings is not reflected as a savings in this change order. Current bid award $181,338.00, new total $199,064.00. PRO RAMS, DEPARTMENTS OR GROUPS AFFECTED • Denton Municipal Utilities, Electric Substation Division. FUSCAL IMPACT: This change order will be funded from Electric Revenue Bond Account #61 l- 080-RR87-CDJC-9217. Exhibit l: Quote from M.D. Henry 2: Exert from PUB Minute 3: Purchase Order #67053 (Revised) Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 792.AGEnA i 2 i r F 10/11/86 08:37 12203 683 8718 N.D.HearS Co. ® 001 . a I a'"~e•OSgc (~jdarg~. ~I~. l 1 amy" ra i Mwti µ aa[al faagaasa[[ Ipel•aa+na I I I Fax Cover Sheet DATE: October 18, 1999 TIME: 5:00 P.M. j 70: CITY OF DENTON, TX PHONE: (817) 383-7302 ATTN: MR. RAY WELLS FAX: (817) 383.7100 FROM:HAL E. LOCKHARTISO PHONE: (205) 963-6711 ! FAX: (205) 663.6718 NUMBER OF PAGES INCLUDING COVER: 1 ~ E i SUBJECT. Jim Christa! Substation - Alternate Switch & Connectors M. D. Henry Co.jnc. Job No. 6376 I As per your request, we are pleased to offer the following alternates: • Deutsch Connectors for Items 70 -73B $10,118,00 Ad&r • B .Manufacturing Switch Items 10,11 & 13 5 7,608.06 Adder (E Manufacturing NO BID Items 12 and 14) Please note that M D. Henry Co.,Inc. has no experience with E-Manufacturing switches. Therefore, should problems arise with these switches, the City of Denton must share is the responsibility of maintaining or repairing these switches. If you have any questions or need of additional information, please do not hesitate to contact me at (205) 663-6711. I _ I 3 II f is F FROMi OENTON UTIL ADMI FAX NO.t 9115668129 1t-81-96 19398A P.at CITY OF DENfON PUBLIC UTILITIE.9 BO/.X) MUMNING MINUTES EXCERPT October 21, 1996, 9. CONSIDER APPROVAL OF REVISIONS TO BID #1926 - JIM CHRISTAI. SUBSTATION Ms. Mays presented this item. She said that the Deutsch connectors alternative would eliminatc the need to weld the substation bus bar connections. The connectors alternative includes a cost savings of $7,500 installation and does not require a certified welder, provides better but, electrical, load bearing and vibration resistance characteristics than welding and is much more flexible. Mr. Coplen asked that clarity of the delta cost for these bid revisions be reflected in the presentation to City Council. Ms. Mays agreed. Mr. Coplen made a motion to approve awarding of the bid revisions to M. 1). Henry Company, Inc., with E Manufacturing Switches in the amount or $7,608 and the Deutsch Bus Connectors in the amount of $10,!18 for a total cost of $17,726. Mr. Norton seconded the motion. The motion waa approved. i Post-Jt` brand fax tranarnmal memo F oft 0, •G Daps. vnax FAA 0 I t.C 4 `i k Pol n.~ v f ti 901-8 TEXAS STREET CITY OF DENTON, TEXAS PURCHASE ORDER DENTON. Tx 76201 BEA 57053 DATE/VENDOR NO. DOCUMENT 7) 08-12-96 S22 HEN51000 VENDOR SHIP TO M D HENRY COMPANY INC CENTRAL RECEIVING S22 120 CLARK ST ELECTRIC SUB STATION' PO BOX 40 901-8 TEXAS ST PELHAM AL 35124 DENTON, TEXAS 76201 NOTE: THIS ORDER WAS MODIFIED BID d 1926 l ITEM ACCOUNT NUMBER UNITS NUMBER DESCRIPTION BID NO. LINE AMOUNT 01 611 080 RR87 CDJC 9217 0.00 JIM CHRISTAL SUBSTATION PKG. 181,338.00 02 611 080 RR87 CDJC 9217 0.00 DEUTSCH CONNECTOR FOR 10,118.00 ITEMS 70 - 738 03 611 080 RR87 CDJC 9217 0.00 E-MANUFACTURING SWITCH FOR 7,608.00 ITEMS 10, 11 & 13 TOTAL FOR P.O. 199,064.00 The City of Denton, Texas is tax exempt-House Bill No. 20. ieference P.O. Number on all B/L Shipments and Invoices. Shipments are F.03. City of Denton, or as indicated. By Purchasing Division SEND INVOICES TO: DIRECT INQUIRIES TO: City of Denton. Accounts Payable City of Denton Purchasing 215 E. Mckinney St. Denton. TX 76201 (817) 383-7100 for as indicated on Purchase Order) Metro (817) 267-0042 Fax 1817) 383-7302 The City of Denton is an equal opportunity employer. 5 a r r Aaef+de Nn,,~~~ Agenda item 9 ORDINANCE NO, Dale. AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING 'THE EXPENDITURE OF FUNDS FOR THE PURPOSE OF PAYMENT BY THE CITY FOR PERMIT FEES TO TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC); AND PROVIDING AN EFFECTIVE DATE, WHEREAS, In order to comply with contractual agreements with Texas Natural Resources Conservation Commission (TNRCC), the City of Denton is required to the pay Permit fees; and WHEREAS, the City Manager has reviewed and recommended that the Council approve the payment of permit fees; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTIOXL That the expenditure of funds in the amount of $27,134.00 to be paid to Texas Natural Resources Conservation Commission (TNRCC), is hereby authorized. SECTION Ii That this ordinance shall become effective immediately upon its passage an.i 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: ras.ORD 1 s ti i§k I } DATE: NOVEMBER 19,1996 CITY-CO-UNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: CHECK REQUEST - TEXAS NATURAL RESOURCES CONSERVATION COMMISSION (TNRCC) IN THE AMOUNT OF S279134.00 RECOMMIENDED: We recommend this check request payable to Texas Natural Resources Conservation Commission (TNRCC) be approved in the amount of $27,134.00. SUMMARY: This check request covers two separate Invoices from Texas Natural Resources Conservation Commission (TNRCC). One in the amount of $11,000.00 is for the fiscal year 1997 Wastewater Permit Fee and the other invoice in the amount of $16,134.00 is for the fiscal year 1997 Water Quality Assessment Fee. These charges are set by the State of Texas and are based on a set amount per volume of b eated water. . PROGRAMS, L)FPARTMF1VTgDRGROUPSAFFECTED. D%.nton Municipal Utitites, )hlaste Water Treatment Facility and Texas Natural Resources Conservation Commission. FISCAL. IMPACT; Payment of these fees will be made from 1996-97 budget funds, account 4625- 082.0470-8502. Exhibit 1. Invoice # 0101265 $11,000.00 Exhibit 2, invoice # 0601466 $16,134.00 Respectfully submitted: Ted Benavides City Manager Approved: Name: Tom D. Shaw, C.P. Title: Purchasing Agent 791.AGENDA 2 4 BILLING DATE: OCT31 , 96 ACCOUNT NO. BALANCE DUE DATE DUE DETACH PHIS PORTION AND Y WITH 1 , 000.0 .0 CHECK OR MONEY ORDER PAYABLE T0: 0101265 1 NOV30 , 96_ ❑ CHECK HERE IF YOUR ADDRESS HAS CHANGED. TEXAS NATURAL RESOURCE PLEASE INDICATE ADDRESS CHANGE ON BACK. F1 - T I CONSERVATION COMMISSfON IN DICES NOT PAID BY DUE DATE REC' WILL ACCRUE PENALTIES. FINAN DENTON, CITY OF 215 E MCKINNEY ST DENTON TX 762010000 0000101265 153337E 00011000001130964 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PAGE I V°FOfm P0.04"M DETACH TOP PORTION AND RETURN WITH PAYMENT - KEEP BOTTOM PORTION FOR YOUR RECORDS DATE REFER. NCE D CRIPT ON . OCT31096 WWI0036281 PERMIT ='AMOUNT " BALANCE 010027-003 FY97 ii,000.00 ii,000.Q; WSTE TREATMENT FE POINTS 222 95 OCT 21 Pit 2-s 31 REC'0 FINANCE PLEASE RETURN TOP PORTION OF INVOICE WITH PAYMENT, TO ENSURE PROPER CREDIT, INCLUDE ACCOUNT NUMBER ON CHECK. THANK YOU. ACCOUNT NO. THIS STATEMENT REFLECTS ALL PAYMENTS RECEIVED THROUGH +LATE FEES BALANCE DUE 0101265 OCT1a,96 0.00 11,000.00 BILLING DATE: 00CT31 , T REVE RSE SIDE for Explartatlon of Charges PLEASE PAY THIS AMOUNT nd TNRCC Contact Telephone Numbers. 31 ou have questions after reading the Insert BY NOV30, 96 • INCLUDE and back of bill, please call. ACCOUNT NUMBER ON CHECK t; t BILLING DATE: OCT31, 96 ACCOUNT NO. BALANCE DUE DATE DUE DETACH THIS PORTION AND RETURN WITH 0601466 :169134.00 NOV30, 96 CHECK OR MONEY ORDER PAYABLE T0: ❑ CHECK HERE IF YOUR ADLgESS HAS CHANGED. TEXAS NATURAE "POPFIC'E'.: 1-4 PLEASE INDICATE ADDRESS CHANGE ON BACK. CONSERVATION COMM,USION F INVOICES NOT PAID BY DUE DATE REC WILL ACCRUE PENALTIES. DENTON, CITY OF 215 E MCKINNEY ST DENTON TX 762010000 0000601466 1533376 00016134001130461 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION PAGE 1 LPS F~ AMIx Mw.O&RO l DETACH TOP PORTION AND RETURN NTH PAYMENT- KEEP BOTTOM PORTION FOR YOUR RECORDS DATE REFERENCE DESCRIPTION , AMOUNT ` , BALANCE OCT31,96 WQA0026931 TNRCC NUMBER 010027-003 FY97 16,134.00 16,134.0( WO ASSESSMENT FEE V c C7 W b"Z Q h (1 U PLEASE RETURN TOP PORTION OF INVOICE WITH PAYMENT. TO ENSURE PROPER CREDIT, INCLUDE ACCOUNT NUMBER ON CHECK. THANK YOU. ACCOUNT NO. THIS STATEMENT REFLECTS ALL PAYMENTS LATE FEES BALANCE DUE RECEIVED THROUGH 0601466 OCT07,96 0.00 16,134.00 BILLING DATE: OCT ~~,96 See REVERSE SIDE for Explanation of Charges PLEASE PAY THIS AMOUNT t * 7 and TNRCC Contact Telephone Numbers, By NOV30 , 96 INCLUDE If you have questions after reading the insert i a r A00da No. Agenda Ite Date NO. ORDINANCE NO Olm 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 provides that procurement of items that are only available from one source, including: items that are only available from one source because of patents, copyrights, secret processes or natural monopolies; films, manuscripts or books; electricity, gas, water and other utility purchases; captive replacement parts or components for equipment; and library materials for a public library that are available only from the persons holding exclusive distribution rights to the materials; need not be submitted to competitive bids; and WHEREAS, the City Council wishes to procure one or more of the items mentioned in the above paragraph; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION_I. That the following purchases of materials, equipment or supplies, as described in the "Purchase Orders" attached hereto, are hereby approved: PURCHASE ORDERh[UMBER VENDOR AMOUNT 70309 COVEY LEADERSHIP CENTER 5511000.00 SEC110N.R. That the acceptance and approval of the above items shalt 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. SECTION.INi. That the City Manager is hereby authorized to execute aw contracts relating to the items specified in Section I and the expenditure of funds pursuant to slid contracts is hereby authorized. M F SFrTIO JX. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996 JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: SOLE SOURCE 2 S d 1y3 F DATE: NOVEMBER 19,1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: PURCHASE ORDER #70309 TO COVEY LEADERSHIP CENTER RIF.MNUKENDATION: We recommend purchase order #70309 to Covey Leadership Center be approved in the amount of $51,000,00. SUN MARYI This purchase order is for the acquisition of profiles, manuals, and freight charges for Covey "Seven Habits" Training for fiscal year 1996197. This is a continuation of the five year plan to extend this training to all city employees begun in November of 1995. The 1996/97 funding level will allow for approximately 13 workshops training approximately 260 employees. 1995/96 funding was $41,650.00. The increased funding was approved as a budget package during the budget process. Copy of proposed Purchase Order #70309 to Covey Leadership Center is attached. PROGRAMS, DFRTMF:NTq OR CROUPS FFFCTED• Employees of the City of Denton. FISCAL. IMPACT: 1996/97 funding for Covey Seven Habits training is available in the 1996/97 budget, account # 100-041-020M-8502. Individual invoices will be paid as materials are released and received. Respectfully submitted: I Ited ides City Manager Approved: Name: Tom D. Shaw, C.P.M. Title: Purchasing Agent 7B7.AOENDA G, I'MICIIASE CHIN ,'It NO: Yu I11~1 THIS IS A xxX srs nur:l eyq:nai (If$ all . CONFIRMING ORDER - u1vu wulconus. duhvtxy skips, caso s, (IF MARKED) tins, boxes, packing slips and bills, DO NOT DUPLICATE Rea No, Bid No: Date: 11 04 96 Page Nsa 01 CITY OF DENTON TEXAS PURCHASING DIVISION f 901-B TEXAS STREET 1 DENTON, TEXAS 76201-4354 VENDOR COVEY LEADERSHIP CENTER 817/383-7100 D1FW METRO 8171267-0042 FAX 817/383-7302 NAME/ P O BOX 19008 DELIVERY CENTRAL RECEIVING S12 ADDRESS ADDRESS HUNAN RESOURCES (PERSONNEL) „ PROVO UT 84605-9925 901 B TEXAS ST DENTON TX 16201 ATTN: CUSTOMER SERVICE VENDOR NO. COV15000 , DELIVERY OWTED 11 11 96 FDB DESTINATION BUYER TS TERMS AM ASANOM, AK, ~ i'` ONTIMS j `iek 001 50000.00 VENDOR CAT. # N / A MFG NAME 1.000 50,000.00 CITY # 92460 FY 96/97 COVEY PARTICIPANT MANUALS 6 PROFILES 96/97 FISCAL YEAR ENDING 09-30-97 992 1000.00 VENDOR CAT. # N / A MFG NAME 1.000 1.000.00 CITY # 96286 FY 96/97 COVEY FREIGHT CHARGES P GE TOTAL s 51,000.00 GR ND TOTAL s 51,000.00 01 100 041 020M 8502 51,000.00 MOOR NSTRUCTIONS { 3. Terms - Nei 70 Ne4„ .0.,«.j..n61,641 Send eriplllal Invoice with duplicate espy. j 4. Shipping inslruclions F.O.B. 0estinstion prepaid lu.a,, boot, „ isocPb.dl Bill to * Acea nIf Payable 5. No lederal or stile sales tax shall be included 215 E. McKinney St ? in prices billed uxe ing w Sion Oemoti TK 18201 X299 j PURCHASING 1 A4ehdd No. Agenda Ite Date._- P? CITY Of DENTON, TEXAS 300 WOODROW LANE ► DENTON, TEXAS 76205 • TELEPHONE (817) 307533 ANIMAL CONTROL/ CONSUMER HEALTH CIT COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council fi FROM: Ted Benavides, City Manager DATE: October 7, 1996 SUBJECT: INTERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR THE HOLDING AND DISPOSITION OF CATS AND DOGS RECOMMENDATION: Staff recommends the adoption of the ordinance SUMMARY: The agreement states that the City of Denton will provide certain services to the City of Roanoke fo, the impoundment and disposition of animals brought to the City of Denton from the City of Roanoke: The City will hold these animals for ninety-six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasized or put up for adoption. The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health For these services the City of Roanoke agrees to pay the fees set forth in the agreement: Six dollars ($6.00) per day per animal being held for the owner to claim. Seven dollars ($7.00) per day per animal being held for rabies observation. Fifteen dollars ($15.00) for each animal eutha.tasized Thirty-five dollars ($35.00) for each decapitation and shipment. CCRPROAN.WPD 000bei 23, IS96 "Dedicated to Quality Service" i !v r r Interlocal Agreement: Roanoke Page -2- BACKGROUND: - This is the fifth fiscal year that the City of Roanoke has requested an interlocal agreement for these services. The animals which have been brought to us from the City of Roanoke did not cause conditions of over crowding at the animal control facility. Since most of the costs associated with housing animals are fixed costs accepting animals from the City of Roanoke will not result in an increase in expenditures. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Animal Control Division City of Roanoke FISCAL IMPACT: It is estimated that the revenue from this program will be approximately two thousand five hundred dollars ($2,500.00). This amount was included in the revenue projections provided to you during the budget presentations for the current fiscal year, Respectfully submitted Ted Benavides City Manager Prepared by: Nonie Maio-Kull, Manag Animal ControUConstjner ealth CCRPROAN.WPD (XIotvr 23, 1996 A L 11: \POM701B.0 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ROANOKE FOR TAE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; AND PROVIDING FOR AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the Mayor is hereby authorized to execute an Agreement between the City of Denton and the City of Roanoke for the impoundment and disposition of dogs and cats, a copy of which is attached hereto and incorporated by reference herein. SECTION Ii. That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said Agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: Au ,d 3• ti THE STATH OF TEXAS X COUNTY OF DHNTON X INTMOCAL COOPERATION AGREEMENT X WHEREAS, the City of Denton, Texas and the City of Roanoke, Texas are both local governments with the authority and power to contracts; and WHEREAS, the City of Denton is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, the City of Denton is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, the City of Roanoke desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Denton, as more fully hereafter described, for the benefit of the residents of the City of Roanoke, Texas; and WHEREAS, the City of Roanoke and the City of Denton mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, the Interlocal Cooperation Act and contract pursuant thereto; NOT, THEREFORE, the City of Roanoke and the City of Denton, for the mutual consideration hereinafter stated, agree as follows: I A. COVENANTS OF THE CITY OF DENTON 1. Holding o D s and ram The City of Denton agrees to accept and hold dogs and cats lawfully impounded by authorized representatives of the City of Roanoke and to accept and hold dogs and cats brought to and released to the Center from the residents of the City of Roanoke under the following terms and conditions: a. Holding Period for, Dogs and cQ ~s The City of Denton agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animals owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six (96) hour period, the ownership of t the animal shall revert to the adoption or humanely destroyed. Animals will be humanely destroyed or plp.ced for adoption at the discretion of the Animal Control Supervisor. b. Holding Fees for Impounded Doas and cats For the purpose of this Agreement, the City of Denton will charge Six Dollars ($6.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its litter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is acclaimed. No animal will be released until all applicable fees are paid in full. . c. Holding of Quarantined Animals. The City of Denton agrees to accept and hold rabid suspects in quarantine for the City of Roanoke when conditions permit, and such action is authorized by a representative of the City of Roanoke. d. Holding Fees for cruarantined Animaia_. The holding fee for quarantined animals shall be Seven Dollars ($7.00) per day for each day that the animal is held. e. Head Shipments and Ra ies Teatina Upon request of the City of Roanoke, the City of Denton will provide for the removal and shipment of heads of rabid suspects for clinical rabies testing at the Texas Department of Health. The fee for this service shall be Thirty-Five Dollars ($35.00) for each head shipped. 2. The City of Denton agrees to request residence information from a person bringing or releasing animals to the Center in order to verify their residence in the City of Roanoke. This requested information shall include: a. The persons address and telephone number; b. The persons acknowledgement of his/her residence being in the City of Roanoke. B. COVENANTS OF THE CITY OF ROANOKE S• I a i 1. Financial ResFonvibil;r~ In order to reimburse the City of Denton for its costs incurred under this Agreement, the City of Roanoke agrees to pay for the holding fees and euthanasia fees on dogs and cats received from the City of Roanoke or its authorized agent if the animal(s) is not reclaimed by the owner. These fees will be assessed on the following basis: a. Euthanized Animal: $6.00 per day holding fee for each animal as determined herein. b. Adopted Animal: $6.00 per day holding fee for each animal as determined herein. c. Head Shipments: $35.00 shipment fee. 2. The City of Denton will collect impound fees duly authorized by the City of Roanoke and as specified in this paragraph from the owners of dogs and cats received from the City of Roanoke. Impound fee monies will be applied to fees owned the City of Denton by the City of Roanoke for animals not reclaimed by the owner. IMPOUND FBE 1st Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. The City of Roanoke agrees payment shall be made within forty-five (45) days of receipt of invoice by the City of Roanoke. II for the eacCity of Denton agrees ts, negligence, and/or oomand issions p of alllofethenCitylofy Denton's employees and agents, the City of Denton's subcontractors, and/or contract laborers doing work under a contract or agreement with the City of Denton in performance of this agreement with said City of Denton. The City of Roanoke agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of the City of Roanoke's employees and agents, and the City of Roanoke's subcontractors and/or contract laborers doing work under an agreement or a contrac~ with the City of Roanoke performance of this in agreement with the City of Denton. It is further agreed that if claim or liability shall arise from he joint or concurring negligence of both parties hereto, it shall be borne by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. III The fact n to t the City collection tand impounding of dogs and cats under this agreement as a part of their responsibility for providing protection or the public health and welfare and, therefore, makes it imperative that the performance of these vital services be recognized as a governmental immunity shall be, and it is hereby invoked to the full extent possible under the law. Neither the City of Denton nor the City of Roanoke waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against the claims arising from he exercise of governmental functions. IV The term of the agreement shall be for a period of one (1) year, commencing as of October 1, 1996 and ending October 1, 1997. Thereafter, this agreement shall be renewed for successive 4 additional one(i) year terms commencing on May 1 of each year if the City of Roanoke and the City of Denton agree in writing on or before the first day of May to a successive terms and the amount of consideration to be paid hereunder for each successive term; provided, however, either party may terminate this Agreement, upon thirty (30) days written notice to the other. V This Agreement represents the entire and integrated a supersedes greement between the City of Denton and the City of Roanoke and agreements, all prior negotiations, ioral. representations eAgreement and/or amended only by written instrument signed by both the City of Denton and the City of Roanoke. VI This Agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. 007. ...t 0 E VII In the event that any portion of this Agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. ' VIII The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. EXECUTED in duplicate originals this the 21st day of August 1996 City of Denton: By: Mayor Attest: City Secretary APPROVED AS TO LEGAL FORM: By: City Attorney CITY OF OANOX9.6 By: i Mayor Attest: City e retary APPROVED AS TO LEGAL FORM: By., City Attorney r 4 e 4. Agenda No. 96 '0t17 _ Agenda Item # . Date CITY OF DENTON, TEXAS 300 WOODROW LANE DENTON TEXAS 76205 • TELEPHONE (817) 383-7593 AMMAL CONTROL/ CONSUMER HEALTH CITY COUNCIL REPORT FORMAT TO: Mayor and Members of the City Council ! FROM: Ted Benavides, City Manager DATE: October 7, 1996 SUBJECT: DUERLOCAL AGREEMENT BETWEEN THE CITY OF DENTON AND THE COUNTY OF DENTON FOR THE HOLDING AND DISPOSITION OF CATS AND DOGS RECOMMENDATION- • Staff recommends the adoption of the ordinance. SUMMARY- The agreement states that the City of Denton will provide certain services to the County of Denton for the impowxIment and disposition of animals brought to the City of Denton from the County of Denton: The City will hold these animals for ninety-six (96) hours if not claimed by an owner. At the end of the ninety-six (96) hours the animals will be euthanasized or put up for adoption. The City will hold animals that are possible rabies suspects for ten (10) days. The City will remove and ship the heads of certain rabies suspects for testing by the Texas Department of Health. For these services the County of Denton agrees to pay the fees set forth in the agreement: Six dollars ($6,00) per day per animal being held for the owner to claim. Seven dollars ($7.00) per day per animal being held for rabies observation Fifteen dollars ($15,00) for each animal euthanasized. Thirty-five dollars ($35,00) for each decapitation and shipment. CCRPCODE.%?D October 21, 1996 "Dedicated to Quality Service' a f Interlocal Agreement County of Denton Page -2- $ACKUMM This is the thirteenth fiscal year that the County of Denton has requested an interiocal agreement for these services. - The animals which have been brought to us from the County of Denton did not cause conditions of over crowding at the animal control iacility, - Since most of the costs associated with housing animals are fixed costs accepting animals from the County of Denton will not result in an increase in expenditures. L..CILVFZAI~IC DEPAR r!TC nR Animal Control Division County of Denton EISC&IMPAU It is estimated that the revenue from this program will be approximately tt,rrty ee.en thousand two hundred sixty dollars ($27,260.00), This amount was included in the revenue projections provided to you during the budget presentations for the current fiscal year. Respectfully submitted; Ted Benavides City Manager Prepared by: None Maio- A Manag Animal Con roUConsumer ealth CCRPCOnE.WPD ckioect 7, t996 a, a c A Ar\COf1lI7'Y.AA: ORDINANCE N0. AN ORDINANCE AUTHORIZING THE MAYOR THE CITY OF DENTON AND TO EXECUTE AN AGREEMENT BETWEEN DENTON COUNTY FOR THE IMPOUNDMENT AND DISPOSITION OF DOGS AND CATS AND THE COLLECTION OF FEES PURSUANT TO THE PROVISIONS OF SAID AGREEMENT; DATE. AND PROVIDING FOR AN EFFECTIVE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I That the Mayor is hereby authorized to execute an agreement between the City of Denton and Denton County for the and attachede here to dasp Exhiition t ofA" dogs and and which is herein. incorporated p by of U&nQN II That the City Council authorizes the collection of all fees as provided pursuant to the provisions of said agreement. SECTI_ 0~kL That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of r 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY AT RNEY BY: 3. a F THE STATE OF TEXAS X X INTERLOCAL COOPERATION AGREEMENT COUNTY OF DENTON X This agreement made and entered into by and between the City of Denton, Texas, acting herein by and through its Mayor, duly t:uthorized by resolution of the City Council of said City, (hereinafter called CITY) and the COUNTY of Demon, Texas, acting herein by and through its County Judge, duly authorized by court order of the Commissioners Court of Denton County, Texas (hereinafter called COUNTY). WHEREAS, CITY and COUNTY are both local governments with authority and power to contract; and WHEREAS, CITY is engaged in the services of holding and disposing of dogs and cats for the benefit of the citizens of Denton; and WHEREAS, CITY is the owner of certain facilities and equipment designed for the holding and disposition of dogs and cats and has in its employ trained personnel whose duties are related to the use of such facilities and equipment; and WHEREAS, COUNTY desires to obtain impoundment and disposition services for dogs and cats rendered by the City of Demon, as more fully hereafter described, for the benefit of the residents of the County of Denton, Texas; and WHEREAS, the provision of impoundment and disposition of dogs and cats is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, COUNTY and CITY mutually desire to be subject to the provisions of Texas Government Code, Chapter 741, the Interlocal Cooperation Act and contract rArsuant thereto; NOW, THEREFORE, COUNTY and CITY, for the mutual consideration hereinafter stated, agree as follows: 1 A. COVENANTS OF CITY: 1. Holding of Dogs and ate CITY agrees to accept and hold dogs and cats lawfully impounded by authorized represuttatives of the COUNTY and to accept and hold dogs and cats brought to and released to the Center from residents of the unincorporated areas of COUNTY under the following terms and conditions: X*N1% , CONTROL - LNTERUDCAL COOPERATION AGREEMENT DENTON COt"N'rY • CM' OF DENTON - DENCO[N,1171) AU'GU'ST 14.1996 4 1~ s a. Holding period for Dogs arid Cats. The CITY agrees to hold such dogs and cats for a period of ninety-six (96) hours from the time they are accepted by the Animal Control Center, unless such animal is released to the Center by the animal's owner, in order to allow the owners of the impounded animal a reasonable amount of time to reclaim the impounded animal. If the animal is not reclaimed within the ninety-six hour period, the ownership of the animal shall revert to the CITY and the animal will be held for adoption or humanely destroyed. Animals will be humanely destroyed at the discretion of the Animal Control Supervisor. b. HoldinY_Fees for i+ded Do , For the purpose of this Agreement, CITY will charge SIX DOLLARS (56.00) per day holding fee for each day that an animal is held at the Center. In determining the meaning of the term "animal", as used herein, it is agreed that a pregnant animal which has its Utter while being held, or an animal which is nursing its litter and is being kept in the same cage, will be considered one animal for the assessment of charges provided for in this Agreement. This fee will be assessed against the owner of the animal at the time the animal is reclaimed. No animal will be released ua: f all applicable fees are paid in full. C. Holdina of Oumantined Animals. CITY agrees to accept and hold rabid suspects in quarantine for COUNTY when conditions permit, and such action is authorized by a representative of COUNTY. & HaWiDg Fees for (lia_rantin-+ Animsta The holding fee for quarantined animals shall be SEVEN DOLLARS (S7.00) per day for each day that the animal is held e. Head shipments and Rabies Testing Upon request of COUNTY, CITY will provide for the removal and shipment of the heads of rabid suspects for clinical rabies testing at the Texas Department of Health. Tve fee for this service shall be THIRTY-FIVE DOLLARS ($55 00) for each head shipped. 2. CITY agrees to request and require residence information from persons bringing or releasing animals to the Center in order to verify residence in the unincorporated areas of Denton County. This requested information shall include a. The person's address and telephone number; and b. The person's written acknowledgment of their residence being in the unincorporated area of Denton County. A\TMAL CO`TROL - LATE RLOCAL COOPERADON AO REE %IE`7 DENTON COLN"n' - CITY OF DE\TON' . DENCON.UTD Al' IT 14,19% (f 4 F .1 B, COVENANTS OF COUNTY: I . Financial BeqpQnsibildty, In order to reimburse the CITY for its costs incurred under this Agreement, COUNTY agrees to pay for holding and euthanasia fees on dogs and cats received from the unincorporated areas of the County of Denton or its authorized agent if an animal is not reclaimed by its owner. Fees will be assessed on the following basis: a. Euthanized Animal: Ir $6.00 per day holding fee for each animal as determined herein plus $15.00 Euthanasia Fee b, Adopted Animal: $6.00 per day holding fee for each animal as determined herein c. Head Shipments: $35.00 - Shipment fee 2. CITY will collect impound fees duly authorized by COUNTY and as specified in this paragraph from the owners of dogs and cats received from the unincorporated areas of the COUNTY. Impound foe monies will be applied to fees owed CITY by COUNTY for animals not reclaimed by the owner. PAPQiNFEE Ist Impoundment - $20.00 2nd Impoundment - $30.00 3rd Impoundment - $45.00 4th Impoundment - $67.00 3. COUNTY agrees payment shall be made within forty-five (45) days of receipt of invoice by COUNTY. !I CITY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of City's employees, and agents, City's subcontractors, and/or contract laborers doing work under a contract or agreement with CITY in performance of this agreement with said COUNTY. X%*R 1L CONTROL • LN7ERLOCAL COOPERATION AGREENIENT DENTONCO NW- MY OFDENTON•DENCOIN,UPD ACOCST l4, 1996 r - ~U r I T 5 t 1 f„ t COUNTY agrees to and accepts full responsibility for the acts, negligence, and/or omissions of all of County's employees, and agents, County's subcontractors, and/or contract laborers doing work under an agreement or contract with COUNTY in performance of this agreement with CITY. It is further agreed that if claim or liability shall arise from the joint or concurring negligence of both parties hereto, it shall be bome by them comparatively in accordance with the laws of the State of Texas. This paragraph shall not be construed as a waiver by either party of any defenses available to it under the laws of the State of Texas. It is understood that it is not the intention of the parties hereto to create liability for the benefit of third parties, but that this agreement shall be for the benefit of the parties hereto. III The fact that COUNTY and CITY accept certain responsibilities relating to the collection and impounding of dogs and cats under this agreement as a part of their responsibility for providing protection for the public health and welfare makes it imperative that the performance of these vital services be recognized as governmental function and that the doctrine of governmental immunity shall be, and is hereby invoked to the full extent possible under the law. Neither CITY nor COUNTY waives or shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental functions. IV The term of this Agreement shall be for a period of one (1) year commencing as of October 1, 1996 and ending September 30, 1997, Thereafter, this Agreement shall be renewed for successive additional one (1) year terms commencing on October 1 of each year if the COUNTY and CM agree in writing on or before the first day of October to be a successive term and the amount of consideration to be paid hereunder for each successive term; provided, however, that either party may terminate this Agreement, upon thirty (30) days written notice to the other. V This Agreement represents the entire and integrated agreement between CITY and COUNTY and supersedes all prior negotiations, representations, and/or agreements either written or oral. This agreement may be amended only by written instrument signed by both CITY and COUNTY. VI This agreement and any of its terms or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas ANTIAL CONTROL • 1NURLOCAL COOPERATION ACRFEMENT DENTON COtNTY • CITY OF DENTON • DENCOtN.14?D AUGUST 14.1996 ~I i a F •kj. ♦ll In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. VIII The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resoWons extending said authority have been duly passed and are now in full force and effect. lit EXECUTED in duplicate originals this the of ~ - ,199 DENTON COUNTY CITY OF DENTON I By. t±kZ5 By: ~Jeff hfeMigc lack Miller Denton County Judge Mayor 1 i ATTEST: ATTEST: \auuuupigh TMI HODGES ~~a.•~\* ~EXASCO Denton County Clerk ° s By: z ; By: Deputy County Cta>, ' S City Secretary "01 8 (0 •.I 1i11.1'1\ APPROVED AS TO FORM: APPROVED AS TO FORM: HERB PROUTY City Attorney It w1d, Assistant District Attorney City Attorney ANIMAL CONTROL - I.YIERLOCAL COOPERATION AGREEMENT DENTON COUNTY • MY OF DESTON • DENCOIN.YVD AL'OLIT II, 1996 81 S 4 E F Agande No. _U 7 Agenda N-' Date CITY COUNCIL REPORT FORMAT TO: Mayor Miller and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTION RECOMMENDATION: It is our recommendation that City Council approve the attached resolution for interlocal ambulance service to Denton County. SUMMARY: This is an annual interlocal agreement providing for the continuation of emergency medical services to Denton County within our service area. BhCKGROUND: The resolutions for interlocal ambulance service to Denton County began in 1980. The revision to population is being made based on the 1996 North Texas Council of Government population figures. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would have to stop service to Denton County. FISCAL IMPACT: This will comprise approximately 25% of our total EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: Ted Benavides City Manager Prepared by: Thomason J D~ puty Fire Chief S x c A : \AMULNNC. CiY RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND DENTON COUNTY FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RASOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and Denton County for ambulance services, a copy of which is attached hereto and in- corporated by reference herein. The Mayor, or in his absence the Mayor Pro Tem, is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a. t THE STATE OF TEXAS ) COUNTY OF DENTON j Z RLQCAt QQQPPUATl & Ar_onE..,-..... ~ AMBUL,~NCE SERVIC>~ ~ THIS AGREEMENT is made and entered into this day of , 1996, by ' ~ Y and between DENTON COUNTY, a political subdivision of the State of Texas, hereinafter referred to as "County" and the "CITY OF DENTON", a municipality located in Denton County, Texas, hereinafter referred to as "City." WHEREAS, County is a duly organized political subdivision of the State of Texas engaged in the administration of county government and related services for the benefit of the citizens of Denton County; and WHEREAS, City is a municipality engaged in the provision of ambulance service and related services for the benefit of the citizens of Denton County; and WHEREAS, City is an owner and operator of certain ambulance vehicles and other equipment designed for the transportation of persons who are sick, infirm, or injured and has in its employ such trained personnel whose duties are related to the use of such vehicles and equipment; and WHEREAS, County desires to obtain emergency medical services rendered by City, as more fully hereinafter described for the benefit of the residents of Denton County, Texas; and WHEREAS, the provision of emergency medical services is a governmental function that serves the public health and welfare and is of mutual concern to the contracting parties; and WHEREAS, County and City mutually desire to be subject to the provisions of V.T.C.A. Government Code, Chapter 791, the Interlocal Cooperation Act, V.T.C.A. Health and Safety Code, Section 774.003 and other applicable statutes and contracts pursuant thereto; NOW, THEREFORE, County and City for the mutual consideration hereinafter stated, agree as follows: INTERLOCAL COOPERATION AGREEMENT FOR AMKLANCE ' SERVICES • DENTON 199497 S F . r I. The effective date of this agreement shall be the 1st day of October, 1996. [I. The term of this agreement shall be for the period of October 1, 1996 to and through September 30, 1997. Each party may terminate this agreement by giving the other party written notice of intent to terminate sixty (60) days after receipt of such notice. III. As used herein, the words and phrases hereinafter set forth shall have the meanings as follows: A. "Emergency" shall mean any circumstance that calls for immediate action and in which the element of time in transporting the sick, wounded or injured for medical treatment is essential to the health or life of a person or persons. Whether the aforementioned circumstances in fact exist is solely up the discretion of the City. For dispatch purposes only, "emergency" shall include, but not be limited to: 1. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to a place of treatment and emergency medical treatment is thereafter administered; and 2. The representation by a person requesting ambulance service that an immediate need exists for such service for the purpose of transporting a person from any location to the closest medical facility; H. 'Rural area" means any area within the boundaries of Denton County, Texas, and without the corporate limits of all incorporated cities, towns and villages within said County. C. "Urban area" means any area within said County, within the corporate limits of an incorporated city, town or village. D. "Emergency ambulance call" means a response to a request for ambulance service by the personnel of City in a situation involving an emergency (as such word is hereinabove defined) INTERLOCAL COOPERAMN AGREEMENT FOR AMDUANCE SERVICES - DENTOH 199697 . ur 2 a b S . F .~1 through the instrumentality of an ambulance vehicle. Within the meaning hereof, a single call might involve the transportation of more than one person at a time. IV. A. Services to be rendered hereunder by City are ambulance services normally rendered by City under circumstances of emergency as hereinabove defined to citizens of County. B. THE DENTON Ambulance Department shall respond to the requests for ambulance services made within designated area 2 of County, as set out in exhibit "A", attached hereto and incorporated by reference. C. It is recognized that the officers and employees of City have duties and responsibilities which include the rendering of ambulance services and it shall be the responsibility and within the sole discretion of the officers and employees of City to determine priorities in the dispatching and use of such equipment and personnel and the judgment of any such officer or employee as to any such matter shall be the final determination. V. The County shall designate the County Judge to act on behalf of County and to serve as "Liaison Officer" between County and City. The County Judge or his designated substitute shall insure the performance of all duties and obligations of County herein stated, devote sufficient time and attention to the execution of said duties on behalf of County in full compliance with the terns and conditions of this agreement and provide supervision of County's employees, agents, contractors, sub-contractors and/or laborers, if any, in the furtherance of the purposes, terns and conditions of this agreement for the mutual benefit of County and City. VI. City shall ensure the performance of all duties and obligations of City as hereinafter stated, devote sufficient time and attention to the execution of said duties on behalf of City in full compliance with the terms and conditions of this agreement and shall provide immediate and direct supervision of the City employees, agents, contractors, sub-contractors and/or laborers, if any, in INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE SERVICES • DENTON 199697 3 li r d F d. the furtherance of the purposes, terms and conditions of this agreement for the mutual benefit of City and County. VII. For the services hereinabove stated, County agrees to pay Provider a fee of $269,507.16 based on a funding formula as follows: First, the readiness sum is .739 per capita based on population, for a maximum of $77,558.05. Second, a sum of $376.00 per ambulance run will be paid, for a maximum of $66,928.00. This sum is based upon the number of runs made by Provider in fiscal year 1996. Third, a fixed sum will be paid based on size of covered rural area, for a maximum of $125,021.11. Payments will be paid quarterly, commencing on October I, 1996. The remaining payments shall be made respectively on or before January 1, 1997, April 1, 1997, and July 1, 1997. The population and mileage figures used were obtained from North Central Texas Council of Governments. An ambulance call is defined as the actual treatment and transport of a patient to a medical facility. If the patient is not transported, there would be no ambulance call according to this agreement. The Provider transporting the patient shall receive payment regardless of the service delivery area in which the call originated. The Provider shall submit all requests for payment using a standardized ambulance transportation reporting form approved and provided by the County. The form shall be submitted within five (5) days of performance by the Provider. Reporting forms shall be completed in full and contain accurate patient information. Forms may be submitted by personal delivery, U.S. mail, facsimile, or computer link. Completed forms shall be submitted to the office of the Denton County Fire Marshall. VIII. County agrees to and accepts full responsibility for the acts, negligence and/or omissions of all County's officers, employees and agents. IX. City agrees to and accepts full responsibility for the acts, negligence and/or omissions of all City's officers, employees and agents. INTERLOCAL COOPERATION AGREEMENT FOR AMBULANCE / SERVICES • DENTON 199691 `/[_J L ~Y F X. In the event of any default in any of the covenants herein contained, this agreement may be forfeited and termnated at either party's discretion if such default continues for a period of ten ( 10) days after notice to the other party in writing of such default and intention to declare this agreement terminated. Unless the default is cured as aforesaid, this agreement shall terminate as if that were the day originally fixed herein for the expiration of the agreement. XI. This agreement may be terminated at any time by either party giving sixty (60) days advance notice to the other party. In the event of such termination by either party, City shall be compensated pro rata for all services performed to termination date, together with reimbursable expenses then due and as authorized by this agreement. In the event of such termination, should City be overcompensated on a pro rata basis for all services performed to termination date and/or be overcompensated reimbursable expenses as authorized by this agreement, then County shall be reimbursed pro rata for all such overcompensation. Acceptance of such reimbursement shall not constitute a waiver of any claim that may otherwise arise out of this agreement. XII. 71he fact that County and City accept certain responsibilities relating to the rendering of ambulance services under this agreement as a part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. Neither City nor County waives nor shall be deemed hereby to waive any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. XIII. This agreement represents the entire and integrated agreement between City and County and supersedes all prior negotiations, representations and/or agreements, either written or oral. This agreement may be amended only by written instrument signed by both parties. INTEALOCAL COOPERATION AGREEMENT POR AMRLLANCE 5 SERVICES • DENTON 1996.97 r r 1 w f XIV. This agreement and any of its terms, or provisions, as well as the rights and duties of the parties hereto, shall be governed by the laws of the State of Texas. XV. In the event that any portion of this agreement shall be found to be contrary to law, it is the intent of the parties hereto that the remaining portions shall remain valid and in full force and effect to the extent possible. XVI. The undersigned officer and/or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the parties hereto i and each party hereby certifies to the other that any necessary resolutions extended said authority have been duly passed and are now in full force and effect. INTERLOCAL COOPERATION AGREEMENT MR AMBULANCE ` SERVICE! • DENTON 199691 6 { A t, EXECUTED in duplicate originals, this the _ day of , 1996. COUNTY CITY DENTON COUNTY, TEXAS CITY OF DENTON 110 WEST HICKORY 215 EAST MCKINNEY h DENTON, TEXAS 76201 DENTON, TEXAS 76201 I By Jeff Moseley Title Denton County Judge Acting on behalf of and by Acting on behalf of and by the authority of DENTON COUNTY the authority of the City of Commissioners Court of DENTON, TEXAS Denton County, Texas. ATTEST: ATI7EST: BY• BY: Tim Hodges City Secretary Denton County Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: Assistant District Attorney City Attorney APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: Denton County Fire Marshall Fire Chief INTEALOCAL COOPERAnON AGREEMENT FOR AMBULANCE SERVICES • DENTON 199691 n . F N I• l ~ ~ I~ ~■!yj IMF. 14 n ~1 n , r 1t ~l1Yi ~~~7' ~ ! ! i~~1~7 r'1 ~ „'fir •`!".Aa 'AN ~ C . f 1 ~ I EXHIBIT "A" /D S F Agenda No.-~& Agenda Item # I4 Date CITY COUNCIL REPORT FORMAT TO: Mayor Miller and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTIONS BECOMMEND_TION: It is our recommendation that City Council approve the four attached resolutions for interlocal ambulance service to the cities of Argyle, Krum, Sanger and Shady Shores. SUMMARY: This is an annual interlocal agreement providing for the continuation of emergency medical services to the small cities within our service area. BACKGROUND: The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory Creek, Krum and Shady Shores began in 1980. The revisions to population are being made based on the 1996 North Texas Council of Government population figures. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would have to stop service to the small cities. FISCAL IMPACT: This will comprise approximately 10% of our total EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: ~'G /Kyy,r.z .J Ted Benav des City Manager epared by: mes R. homason Deputy Fire chief sp Y G A'\AMVLANC.SER llydrde Ho. Agenda Item # 14 Date RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Argyle for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immed- iately 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: ~~~//1 b i f • .1 T, A:\AROYLF-K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF ARGYLE Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Argyle would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of , 199_, between the City of Denton, Texas ("Denton"), and The City of Argyle ("Argyle"). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 1. Denton to Provide EMS to Argyle. Denton shall provide emergency medical services to Argyle in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Argyle shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Argyle understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Argyle, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and G- k r (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Argyle, Argyle agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Argyle by Five Dollars and Seventy-five Cents (1,800 x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Director v. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Argyle during any period of time Argyle is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Argyle, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Argyle waives, nor shall be deemed htreby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Terri. Th term of this Agreement shall be in one year incre- ments, begAnning on October 1, 1996 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Argyle shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Argyle: City Manager Mayor City of Denton City of Argyle 215 E. McKinney P. 0. Box 1035 Denton, Texas 7C201 Argyle, Texas 76226 3 PAGE 2 46 M OiJy~ F r 10. Agreement Not for Benefit of Third Parties. This Agreement intended is not and shall not be construed • any individual or create any duty on Denton o t e anfor the y third benefit of 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of 199- CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APP$OVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY v BY: CITY OF ARGYLE lNu~+ BY: t~X R ATTEST: 4Y : • AC U • ' • re r An, P i 0 r~~ as C~ PAGE 3 L Agenda No. _U~7 Agenda Item # r Date CITY COUNCIL REPORT FORMAT TOO Mayor Miller and Members of the City Council PROMO Ted Benavides, City Manager SUBJECT! APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTIONS E OM EN IO It is our recommendation that City Council approve Shady Shores. service to the four attached ef Krum, Sanger interlocal the cities of Argyl coon~tinuatin i of semergency annual interlocal to they small providing for the within our service area. BACKGROUND: The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory Creek, Krum and Shady Shores began in 1980. The revisions to population are being made based on the 1996 North Texas Council of Government population figures. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would have to stop service to the small cities. FISCAL I PM ACT: This will comprise approximately lot of our total EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: Ted Benav des City Manager epared by: t - mes R. homason Deputy Fire Chief s 1 Agenda No. %-a A:\u~o:,iwC.SEN Agenda its # Date i RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. j THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: I SECTION 1, That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Krum for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II. That this resolution shall become effective immed- iately 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 j ~ BY: i 1 r A:\KRUM.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The City of Denton .a:•rently provides emergency medical ser- vices to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. §791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Aareement This Agreement is made on the AL day of (aJ~tr 199,4,, between the City of Denton, Texas ("Denton"), and The City of Krum ("Krum"). The parties agree as follows; 1. ' Definitions. Emergency Medical Services or E.M means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Krum understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when {personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and 21 6 r f 1 I (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Krum, Krum agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Krum by Five Dollars and Seventy-five Cents (1,650 x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. 5. Patient Charges. in addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Krum waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1996 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Krum shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Krum: City Manager Mayor City of Denton City of Krum 215 E. McKinney P. 0. Box 217 Denton, Texas 76201 Krum, Texas 76249 3 PAGE 2 V 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. I,, EXECUTED on the day of ~l4bhAl? 199 9~Q CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PR)OUTY, CITY ATTORNEY BY: CITY OF KRUM BY : OR ATTEST: BY: %dt4-P&QQ'- SECRETARY / PAGE 3 RESOLUTION NO. I A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the city council of the City of Denton hereby approves an agreement between the City of Denton and the City of Krum for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II, That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 199_ BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY I BY: j APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: S r i i' A:%XRLM.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF KRUM Recitals The City of Denton currently provides emergency medical seY- vices to the citizens of Denton. The City of Krum would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement his Agreement is made on the 0 day of 6~Caa~CL~ , 199, between the City of Denton, Texas ("Denton"), and The City of Krum ("Krum"). The parties agree as follows: 1. Definitions. ~meraency Medical Services or F.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Krum. Denton shall provide emergency medical services to Krum in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Krum shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Krum understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Krum, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and A , r (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Krum, Krum agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Krum by Five Dollars and Seventy-five Cents (population x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to. Krum during any period of time Krum is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Krum, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not waived. Neither Denton or Krum waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1995 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Termination; Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. if either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Krum shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Krum: City Manager Mayor City of Denton City of Krum 215 E. McKinney P. 0. Sox 217 Denton, Texas 76201 Krum, Texas 76299 PAGE 21 r F 'r 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement ' except upon the prior written consent of the other. EXECUTED on the 2dday of 199. CITY OF DENTON, TEXAS BY: BOB CASTLEBERRY, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ' CITY OF KRUM BY: OOR ATTEST: BY: ?SSQ'-- SECRETMY--U- PAGE 3 L r Agenda No. . c)4~ Agenda Item ~(0 Date l I - 19 -q t'® CITY COUNCIL REPORT FORMAT TO: Mayor Miller and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTION RECOMMENDATION: It is our recommendation that City Council approve the attached resolution for interlocal ambulance service to the City of Krum for fiscal year 1995-96. NOTE: We did not receive the signed agreement until October 1996. Council approval is for documentation purposes. Krum has continued to make quarterly payments throughout this period. We have received the signed agreement for fiscal year 1996-97 and are presenting it to Council for approval along with the seven other small cities. • SUMMARY: This is an annual interlocal agreement providing for the continuation of emergency medical services to the small cities within our service area. BACKGROUND: The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory Creek, Krum and Shady Shores began in 1980. The revision being made to the 1995-96 agreement is the change to the per capita amount of $4.50 to $5.75. RO RAMS. DEPARTMENTS OR GROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would { have to stop service to the small cities. FISCAL IMPACT: This will comprise approximately 10$ of our total EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: Ted 8enavides City Manager Pre aced by: Tats om n eputy Fire Chief T l5 Ph,; .a (817) 482.3491 a adnp 9oX 217 "ntFuwre MUM TX Fan (817) 482-3020 On • Proud pact 7 6 2 4 9 October 8, 1996 James R. Thomason Denton Fire Department 217 W. McKinney Denton, TX 76201 Dear Mr. Thomason, Enclosed is a copy of the 1995 ambulance agreement. If this is not the item you need, please contact me at (817) 482-3491. +Sincerely, Wendy E, Sou City Secretary Agenda No. .f1~7 Agenda Item Date CITY COUNCIL REPORT FORMAT T0: Mayor Miller and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTIONS $ECOMMENDATION- It is our recommendation that City Council approve the four attached resolutions for interlocal ambulance service to the cities of Argyle, Krum, Sanger and Shady Shores. SUMMARY: This is an annual interlocal agreement providing for the continuation of emergency medical services to the small cities within our service area. BACKGROUNQ: The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory Creek, Krum and Shady Shores began in 1980. The revisions to population are being made based on the 1996 North Texas Council of Government population figures. PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would have to stop service to the small cities. r FISCAL IMPACT: This will comprise approximately 10% of our total 1 EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: Ted Benav des city manager i epared by: l mes R. hOmaSOn Deputy Fire Chief 4 . F r/ I A: \NGMANC. SEA Agenda No. Q r6 -OV-7 Agenda Ite # I Date _ RESOLUTION NO, A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Sanger for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. SECTION II That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. JACK MILLER, i•LkYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: a b F K~\511NGER.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SANGER Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Sanger would like to contract with the City of Denton to receive emergency medical ser- vices for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. 5791.001, et sear., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agrenent This Agreement is made on the _21st day of octaber 199, between the City of Denton, Texas ("Denton"), and The City of Sanger ("Sanger"). The parties agree as follows: 1. Definitions. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Sanger. Denton shall provide emergency medical services to Sanger in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Sanger shall be communicated to Denton in the manner specified by Denton. 3. Discretion in Providing E.M.S. Sanger understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to pro- vide emergency medical services to other entities. Denton shall have the soli right and discretion, without being in breach of this Agreement and without liability to Sanger, to determine: (a) Whether or not to respond to a request for medical emergency service; (b) Whether and when personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and I 2 L 5 a r (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Sanger, Sanger agrees to pay to Denton an annual sum during each year of this Agreement determined by multiplying the population in Sanger by Five Dollars and Seventy-five Cents (3,950 x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January it April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Sanger during any period of time Sanger is delinquent in the payment of any undisput- ed service fee. 5. Patient Charges. In addition to the service fee paid by Sanger, Denton may charge and collect from persons provided emer- gency medical services, the patient fees established by ordinance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Sanger waives, nor shall be deemed hereby to waive, any immunity or de- fense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1996 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance with this Agreement. 8. Terminations Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Sanger shall be liable to Denton pro rata for the payment of emergency medical services provided up to the date of termination. i 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: I To Denton: To Sanger: City Manager Mayor City of Denton City of Sanger 215 E. McKinney P. 0. Drawer 57C Denton, Texas 76201 Sanger, Texas 76266 S PAGE 2 r Y F r I 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 21. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. ' EXECUTED on the day of 199 CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: l/ , CITY OF SANGER ~\`~p~aunt~imrrrrru~~~ a°OF,S'4A BY: V. 1 MAY i ATTEST: ~.1 til BY: SEC ETARY PAGE 3 1 k Agenda No._1-- Agenda hem Date CITY COUNCIL REPORT FORMAT T0: Mayor Miller and Members of the City Council FROM! Ted Benavides, City Manager SUBJECT: APPROVAL OF INTERLOCAL AMBULANCE AGREEMENT RESOLUTIONS RECOMMENDATION: It is our recommendation that City Council approve the four attached resolutions for interlocal ambulance service to the cities of Argyle, Krum, Sanger and Shady Shores. SUMMARY: This is an annual interlocal agreement providing for the continuation of emergency medical services to the small cities within our service area. BACKGROUND: The resolutions for interlocal ambulance service to the cities of Argyle, Corinth, Lake Dallas, Ponder, Sanger, Hickory Creek, Krum and Shady Shores began in 1980. The revisions to population are being made based on the 1996 North Texas Council of Government population figures. PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: No other programs or departments are affected, however, without this agreement we would have to stop service to the small cities. FISCAL IMPACT: This will comprise approximately 10% of our total EMS Revenue for this fiscal year. RESPECTFULLY SUBMITTED: Ted Benav des City Manager epared by: l - mes R. homason Deputy Fire Chief SS Y S r I $ Agenda No, 0V -Fr A:\NMVI.JIHC.SfiR Agenda Item t Date______L~ RESOLUTION NO. A RESOLUTION APPROVING AN INTERLOCAL AMBULANCE AGREEMENT BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES FOR AMBULANCE SERVICES; AND DECLARING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Council of the City of Denton hereby approves an agreement between the City of Denton and the City of Shady Shores for ambulance services, a copy of which is attached hereto and incorporated by reference herein, and the Mayor is hereby authorized to execute said agreement on behalf of the City. A s CT_F ION II. That this resolution shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1.996. • JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY$ CITY ATTORNEY kill BY: r' l ( 4 k A:\SHADYSH.K AGREEMENT FOR AMBULANCE SERVICE BETWEEN THE CITY OF DENTON AND THE CITY OF SHADY SHORES Recitals The City of Denton currently provides emergency medical ser- vices to the citizens of Denton. The City of Shady Shores would like to contract with the City of Denton to receive emergency medical services for its citizens. Pursuant to Chapter 774 of the TEX. HEALTH AND SAFETY CODE (Vernon 1992) and the Interlocal Cooperation Act, TEX. GOVT CODE ANN. V J1.001, et sea., (Vernon 1994), a city may contract to provide emergency medical services to the county or another city. Agreement This Agreement is made on the day of 199_, between the City of Denton, Texas ("Denton"), and The City of Shady Shores ("Shady Shores"). The parties agree as follows: 1. Definiti.no. Emergency Medical Services or E.M.S. means personnel and ground transportation vehicles used to respond to an individual's perceived need for immediate medical care and to pre- vent death or aggravation of physiological or psychological illness or injury. 2. Denton to Provide EMS to Shady Shores. Denton shall. provide emergency medical services to Shady Shores in response to requests for emergency medical services in accordance with this Agreement. All requests for emergency medical services for persons residing in the corporate limits of Shady Shores shall be com- municated to Denton in the manner specified by Denton. 3. Discretion in Providing S.M.S. Shady Shores understands that Denton must also respond to requests for emergency medical services for persons in Denton and that Denton has other contracts to provide emergency medical services to other entities. Denton shall have the sole right and discretion, without being in breach of this Agreement and without liability to Shady Shores, to determine: (a) whether or not to respond to a request for medical emergency service; (b) Whether and when-personnel or equipment are available to respond to a request for emergency medical service; (c) The order is which to respond to a request for emergen- cy medical service; and f 4[ V F .1 r (d) The time in which to respond to a request for emergency medical service. 4. Service Fee. In consideration for providing emergency medi- cal services to Shady Shores, Shady Shores agrees to pay to Denton an annual sum during each year of this Agreement determi.:-~bd by multiplying the population in Shady Shores by Five Dollarf, and Seventy-five Cents (1,300 x $5.75). The population figure used shall be that contained in the latest edition of the North Central Texas Council of Government's Regional Directory. The annual payment shall be paid to Denton in equal quarterly payments on or before October 1, January 1, April 1, and July 1, of each annual term. Denton may, after giving prior notice, suspend service to Shady Shores during any period of time Shady Shores is delinquent in the payment of any undisputed service fee. 5. Patient Charges. In addition to the service fee paid by Shady Shores, Denton may charge and collect from persons provided emergency medical services, the patient fees established by ordi- nance of Denton. 6. Governmental Immunity Not Waived. Neither Denton or Shady Shores waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims made or arising from any act or omission resulting from this Agreement. 7. Term. The term of this Agreement shall be in one year incre- ments, beginning on October 1, 1996 and continuing to September 30 of the following year and thereafter from year to year until termi- nated in accordance wits this Agreement. S. Termiaationj Default. Either party may terminate this Agree- ment at any time without cause by giving ninety (90) days advance notice in writing to the other, specifying the date of termination. If either party breaches a provision of this Agreement, the other party shall give the defaulting party written notice of the de- fault. Should the defaulting party fail to correct the default within thirty days of the date notice of default is sent, the other party may declare the Agreement terminated. Shady Shores shall be liable to Denton pro raca for the payment of emergency medical ser- vices provided up to the date of termination. 9. Notices. All notices sent under this Agreement shall be mailed, postage prepaid, to the respective addresses, as follows: To Denton: To Shady Shores: City Manager Mayor City of Denton City of Shady Shores 215 E. McKinney P. O. Box 362 Denton, Texas 76201 Shady Shores, Texas 75065 PAGE 2 i s x 10. Agreement Not for Benefit of Third Parties. This Agreement is not intended and shall not be construed to be for the benefit of any individual or create any duty on Denton to any third party. 11. Assignment. Neither party shall assign this Agreement except upon the prior written consent of the other. EXECUTED on the day of 199_. CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ./2L CITY OF SHADY SHORES BY: Aw MAYOR ATTEST: BY SECRETARY PAGE 3 F ~l k~~naa Nu, -vZL Agenda Item _ DATE: NW , CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: AMENDMENT TO DEPOSITORY PLEDGE AGREEMENT RECOMMENDATION: Staff recommends approval of the attached Depository Pledge Agreement. (See Attachment "A"- Depository Pledge Agreement and Attachment "B"-Ordinance) BACKGROUND: Recent court interpretations have questioned the right of a governmental entity's security interest in pledged collateral in the event of the bankruptcy of its designated depository institution (i.e., North Arkansas Medical Center v. Barrett. 962 F.21) 780, 8th Cir). In the above mentioned case, the interpretations granted significant power to the Federal Depository Insurance Corporation to disallow governmental claims that assets which are collateralized are secured claims in bankruptcy proceedings. As a result of this case, governmental funds may be at risk if bankruptcy occurs and the governmental entity does not have a written agreement executed by the depository's board of directors or loan committee, approving pledged collateral levels on an on-going basis. The City's initial Depository Pledge Agreement was executed on July 5, 1994 and revised on September 26, 1995. A new agreement is necessary because First State Bank discontinued utilizing Nations Bank as a safekeeping institution. SUMMARY: In order for a governmental entity to retain its security interest in a deposit, the following four (4) requirements must be met. 1. The agreement must be in writing 2. The agreement has to be executed by the depository institution and the depositing entity making the claim contemporaneously with the acquisition of the asset 3. The agreement must be approved by the board of directors or the loan committee of the institution, and 4. The agreement has to be a part of the official record of the institution continuously. The attached Depository Pledge Agreement satisfies all of the above mentioned requirements. Therefore, all of our pledged collateral will be secure, under the new interpretations, in the event our depository bank files for bankruptcy. 01 e ra S d DEPARTMENTS AFFECTED: The Treasury Department and the City as a whole will be affected by the approval of the attached Depository Pledge Agreement. FISCAL IMPACT: There are no costs associated with the approval of this agreement. The agreement will simply strengthen our claim to any securities pledged as collateral against our deposits. Respectfully submitted: Ire/ .,rw Ted Benavides City Manager prepared by. or an on Director o scat Operations Approved br. I Kath s Executive Director of Finance AFF01343 s 5 c ATTACHMENT "A" STATE OF TEXAS § COUNTY OF DENTON § DEPOSITORY PLEDGE AGREEMENT WHEREAS, the City of Denton (hereinafter called "Depositor") has selected First State Bank of Denton, Texas, a bank chartered by the State of Texas (hereinafter called "Bank") as a depository for certain of its funds in demand deposits and/or interest-bearing time deposits entitled as follows: Account Name(s) Account Type of Account Number Employee Claims Account Public Funds Checking 00-1009-0 Operating Account Public Funds Checking 00-1016-5 Utility Sinking Fund Public Funds checking 00-1017-3 Payroll Account Public Funds Checking 00-1077-7 Rehabilitation Commission Public Funds Checking 00-1363-1 Transportation Grant Public Furds Checking 00-3104-7 CDBG Community Development Block Grant Public Funds Checking 01-3184-7 Control Concentration Public Funds NOW Checking 00-1395-3 City of Denton Public Funds NOW Checking 00-1408-4 Cleride Branch Public Funds Money Market 50-0018-7 Security Account Public Funds Money Market 51-0571-3 Industrial Development Authority Public Funds Checking 00-1249-2 Denton Retirement & Nursing Center Finance Authority Public Funds Checking 01-0939-7 and such additional accounts as Depositor may from time to time designate, and the Bank desires to be the depository of su--h funds; and the Bank must be WHEREAS, any and all cash balances in any funds deposited with continuously Depositor of certain securit es (being herein called the n"Approved Securities"). Approved Securities shall mean all securities which under the laws of the State of Texas, can be used to secure the deposits of Depositor. The aggregate market value of the Approved Securities shall at all times be, exclusive of accrued interest, equal to or in excess of the total funds of Depositor on deposit with the Bank, to the extent that said funds are not insured by the Federal Deposit Insurance Corporation. NOW, THEREFORE, for value received and in consideration of the mutual promises and covenants herein contained, Depositor an.9 the Bank agree as follows: 1. Depositor deposits shall be secured and Bank hereby grants a security interest to Depositor in all Approved Securities held in safekeeping at Texas Commerce Bank, N.A. (the "Safekeeping Institu- tion"). Except as provided in paragraph 6 of this Agreement, such 03 5 L 1 4 F Approved Securities shall be subject only to the joint instructions of both (a) authorized individuals appointed by Depositor, and (b) specifically authorized officers of the Bank. The Depositor shall provide to the Bank written notice and specimen signatures of authorized representatives of Depositor on Addendum A of this document for the purposes hereof, and thereafter written notice of the removal from or addition to the existing names of such authorized representatives. The Bank shall provide to the Board of Directors of Depositor or its authorized representatives written notice and specimen signature of authorized officers of the Bank on Addendum B of this document for the purposes hereof, and thereafter written notice of addition to or removal from the existing list of names of such officers. Addendum A and B are made a part of this Agreement as if written word for word herein. 2. The Bank may make additions to or substitutions of Approved Securities from time to time and may withdraw excess Approved Securities, with the amount and character of the new and/or remaining securities to be subject to the approval of Depositor. If the Approved Securities, so proposed for substitu- tion are of the kind, character, amount, and value required by law, such substitution shall be permitted. If approved, the substituted Approved Securities shall thereafter be subject to all the terms and conditions of this Pledge Agreement as fully as if originally incorporated herein. 3. Contemporaneously with the execution of this Agreement and at the time of the substitution or release of any of the Approved Securities, the Bank shall execute and deliver to Depositor a Memorandum describing the Approved Securities deposited to or withdrawn from the securities held pursuant to this Agreement. 4. The Bank shall not be obligated co accept interest bearing time deposits of Depositor in excess of $20,000,000 (twenty million dollars), but may choose to accept such deposits at its discretion. 5. the Bank shall faithfully do and perform all of the duties and obligations required by the laws of the State of Texas for depositories of Depositor, and shall upon presentation pay all checks drawn on it by the duly authorized representatives of Depositor against collected funds of Depositor on demand deposit, and shall at the expiration of the term for which it has been chosen as a depository of Depositor turn over to its successor all funds, property and things of value coming into its hands as depository. 6. Upon def;AUlt of any of the Bank's obligations hereunder or upon insolvency of the Bank or upon the appointment of a receiver of the Bank and at any time thereafter, Depositor may sell at public or private sale the Approved Securities or any part thereof and apply the proceeds of such sale to the satisfaction of ary indebtedness caused by virtue of said default. This right is in Page 2 0E, K3 N F~ F d addition to or other remedies which Depositor may have under this Agreement and without prejudice to its rights to maintain any suit in any court for redress of injuries sustained by the Depositor under this Agreement, which remedies are expressly reserved by Depositor. 7. The Safekeeping Institution named herein hereby agrees to hold all Approved Securities deposited with it pursuant to the terms of this Agreement and to deliver them in accordance with the terms hereof. Additionally, Safekeeping Institution agrees to serve as collateral agent for Depositor to the extent necessary to allow Depositor to perfect its security interest granted herein in the Approved Securities. 8. This Agreement may be terminated by either the Bank, Depositor, or the Safekeeping Institution by giving thirty (30) days prior written notice to the other parties, by giving notice to the following persons at the following addresses: DEPOSITOR: City of Denton Teodoro Benavides, City Manager 215 Sast McKinney Denton, Texas 76201 BANK: First State Bank of Denton, Texas Philip J. Gallivan, Jr. Executive Vice President 101 South Locust Denton, Texas 76201 SAFEKEEPING INSTITUTION: Texas Commerce Bank, N.A. Todd Gregory Vice President 2200 Ross Avenue Dallas, Texas 75266 9. All applicable provisions and requirements of the laws of the State of Texas governing depositories for Depositor shall be a part of this Agreement. 10. The validity, operation, and performance of this Agreement shall be governed and controlled by the laws of' the State of Texas, and the terms and conditions of this Agreement shall be construed and interpreted in accordance with the laws of this State. venue for any proceeding brought for any breach of this Agreement shall be in Denton County, Texas. Page 3 U6 w h ATTEST: DEPOSITOR: JENNIFER WALTERS, CITY SECRETARY CITY OF DENTON, TEXAS BY: JACK MILLER, MAYOR APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY:"CGS / - ATTEST: BANK: FIRST STATE BANK OF DENTON, TEXAS A BANK CHARTERED BY THE STATE OF TEXAS BY: NAME: BY: NAME: TITLE: ATTEST: SAFEKEEPING INSTITUTION: TEXAS COMMERCE BANK, N.A. BY: NAME: BY: NAME: TITLE: Zi\MPDOCE\K\DEMITA Page 4 ~<J S a F ADDENDUM A The following designated individuals are authorized representatives empowered to direct First State Bank of Denton, Texas, N.A., a bank chartered by the State of Texas ("Bank") and Texas Commerce Bank, N.A. ("Safekeeping Institution") selected under Item 1 of the Depository Pledge Agreement in regard to collateral pledges, releases and substitutions in the joint safekeeping account. Such pledges, releases, and substitutions shall follow procedures set forth in the Depository Pledge Agreement. Authorized Officer's Signature Name and title Kathy DuBose Executive Director of Finance Harlan L. Jefferson Director of Fiscal Operations Teodoro Benavides City Manager Rick Svehla Deputy City Manager ACCEPTED: NAME: Teodoro Benavides TITLE: City Manager O 'l yI Y 4 i ADDENDUM B First State Bank of Denton, Texas, a bank chartered by the State of ` Texas ("Bank") has designated the following officers as specifical- ly authorized to instruct City of Denton ("Depositor") and Texas Commerce Bank, N.A. ("Safekeeping Institution") selected under item 1 of the Depository Pledge Agreement in regard to collateral pledges, releases, and substitutions in the joint safekeeping account. Such pledges, releases, and substitutions shall follow procedures set forth in the Depository Pledge Agreement. Authorized Officer's Signature Name and title 06 *f M y6 F f CERTIFICATE OF SECRETARY OF THE SENIOR LOAN AND DISCOUNT COMMITTEE OF FIRST STATE BANK OF DENTON, TEXAS, A BANK CHARTTLED BY THE STATE OF TEXAS The undersigned, beirj the duly appointed Secretary of the Senior Loan and Discount 0:)mmittee (the "Committee") of First State Bank of Denton, Texas, a bank chartered by the State of Texas (the "Bank"), hereby certifies that: 1. In accordance with the authority granted to it by the Board of Directors of the Bank, on , the Committee approved the pledge of collateral, as required by the depository contract with the City of Denton (the "City"), to secure the Bank's obligations with respect to deposits maintained at the Bank by the City; 2. The Committee approval has not been amended, modified, or repealed in any respect, and is in full force and effect on the date hereof; and 3. The minutes of the Committee meeting held on , will be maintained as a part of the permanent records of the Bank. i i DATE: I BY: NAME: TITLE: 00 T Y f CERTIFICATE OF SECRETARY OF THE BOARD OF DIRECTORS OF FIRST STATE BANK OF DENTON, TEXAS, A BA1;K CHARTERED BY THE STATE OF TEXAS The undersigned, being the duly elected Secretary of the Board of Directors (the "Board") of First State Bank of Denton, Texas, a bank chartered by the State of Texas (the "Bank"), hereby certifies that attached hereto is a true and correct copy of a resolution of ' the Board adopted at a meeting held on , and such resolution has not been amended, modified, or repealLd in any respect, and is in full force and effect on the date hereof. DATE: BY: _ NAME: TITLE: IM s k •h Y, RESOLUTION GRANTING CERTAIN CORPORATE AUT14ORI7f TO LOAN AND DISCOUNT COMMITTEE RESOLVED, that the Senior Loan and Discount Committee is hereby granted the corporate authority to approve on behalf of First State Bank of Denton, Texas ("Bank") such security agreements and other agreements related to the deposit of funds in this Bank by any governmental entity as such Senior Loan and Discount Committee shall deem in the best interests of this Bank from time to time. r~ f R ATTACHMENT "B" ORDINANCE NO, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A DEPOSITORY PLEDGE AGREEMENT BETWEEN THE CITY, FIRST STATE BANK OF DENTON, TEXAS, AND TEXAS COMMERCE BANK, N,A.; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Ordinance No. 94-117, which amended Ordinance No. 93- 176, required the City to enter into Depository Pledge Agreements, where the possibility exists that funds of the City in excess of $100,000 may be on deposit; and WHEREAS, the City has previously designated First State Bank of Denton, Texas, in accordance with the Municipal Depository Act, as its depository; and WHEREAS, on 26th day of September, 1995, the City, First State Bank of Denton, Texas, and Nations Bank of Texas, N.A. entered into a Depository Pledge Agreement; and WHEREAS, First State Bank of Denton, Texas no longer utilizes Nations Bank of Texas, N.A. as its safekeeping institution; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION -1_,. That the Mayor, or in his absence the Mayor Pro Tem, is authorized to execute the attached Depository Pledge Agreement, which is made a part of this ordinance for all purposes, in a form substantially the same as the pledge agreement between the City, First State Bank, and Texas Commerce Bank, N.A. SECTION II. That Texas Commerce Bank, N.A. is hereby approved as the safekeeping institution for securing the City's collateral under the Depository Pledge Agreement. SECTION III. That this ordinance shall be effective immedi- ately from and after its passage and approval by the City Council of the City of Denton. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL F;RM: HERBERT L. PROUTY,l. CITY ATTORNEY BY: pi M Agtnds No. A9anda Item aO . Date. CITY of DENTON, TEXAS MUNICIPAL BUILDING 215 F. MCKINNEY DENTON, TEXAS 76201 (817) 566-8200 DEW METRO 434.2529 CITY COUNCIL REPORT FORMAT DATE: November 4, 1996 TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager RE: Park Land Conversion RECOMMENDATION: Approve an ordinance: 1. determining that a) there is no feasible and prudent alternative to the use or taking of land out of South Lakes Park for the purpose of constructing a middle school and related improvements, and b) all reasonable planning has been exercised to minimize harm to the land as a park; 2. authorizing the Mayor to execute a real estate contract and related documents between the City and the Denton Independent School District (DISD), exchanging 13,06 acres of land out of South Lakes Park upon receipt of 5.105 acres of land in Abstract 196 near Evers Park. SUMMARY: On November 5, 1996, a public hearing was held on the proposed exchange of land between the City and the DISD. Minutes of the hearing are attached (Exhibit A). In order to proceed with Page I "Dedicated to Quality Semice" 1 City Council Meeting Park Land Conversion November 4, 1996 ' the land exchange, the City Council must adopt the proposed ordinance. The School Board is scheduled to approve the exchange on November 26th. The 13.06 acre City owmed tract and the DISD's 5.105 acres tract will be simultaneously exchanged on or after November 26th. BACKGROUND: The purpose for this proposed park land conversion is to facilitate the construction of a new D1SD middle school, roads, parking, recreational facilities and landscaping on a 13.06 acre tract out of South Lakes Park. The school building will contain a recreational gymnasium with office and storage space that will be made available to the City during non-school hours for public recreation programs. The construction cost for tiie gymnasium is estimated at $950,000. A football/soccer field, a softball/baseball field, and related improvements will be constructed and maintained at School District expense on park land adjacent to the school tract. These facilities will also be made available for City use during non-school hours. DISD will bear 100% of the land acquisition, design and construction costs for this project. The South Lakes Park master plan calls for roads, parking, sports fields, pavilions, trails and support amenities to be constructed at the north end of the park in Phase 11 development (CIP Project No. 006308, FY 1998-'99). As part of the middle school project, roads, parking and sports fields will be built at DISD expense, allowing the City to avoid approximately $175,000 in Phase 11 development costs for those improvements. These savings will be redirected towards other enhancements in the park. None of the elements included in the original park master plan will be deleted due to this conversion. DISD will also as. ume the responsibility for operations and maintenance on the 13 acre site. Beginning in FY 1998-'99, the City will avoid approximately $39,000 annually in routine grounds maintenance costs on the conversion tract. As required by State law, the City will receive park land of equal value from DISD in exchange. DISD will acquire and convey a 5.105 acre site adjacent to Evers Park. The 1995-2000 park bond program provides for the construction of two new ballfields at an unspecified location. Evers Park is Denton's primary youth baseball and football c~,mplex. The acquisition of this annex to Evers Park will facilitate the continued expansion of sports facilities at the preferred location, while allowing the City to avoid land acquisition costs. Finally, this project facilitates the joint use and operation of public improvements by DI SD and the City to the benefit of both direct customers and taxpayers. Construction of duplicated recreational facilities is avoided, while public recreation opportunities are greatly expanded. Page 2 Y K City Council Meeting Park Land Conversion November 4, 1996 DISD and the City contemplate the use of South Lakes Park as an outdoor tnvironmental learning center for middle school students. The recreational gymnasium will permit the continued expansion of the City's youth and adult sports programs and other youth services, thereby avoiding the need to construct a community center in the southeast sector of Denton for the foreseeable future. On October 21, 1996, the Parks and Recreation Board unanimously approved a motion in support of the land exchange (Exhibit B). The Planning and Zoning Commission approved the exchange on November 13th (Exhibit Q. PROGRAMS. DEPARTMENTS OR GROUPS AFFECTED: Denton Independent School District FISCAL IMPACT: None RESPECTFULLY SUBMITTED: Ted Benavides, City Manage, Prepared by: L111, E d Hodney, Directo Parks and Recre on Department Page 3 u L"MIBIT A City of Denton City Council Minutes November 5, 1996 D R A F T 4. Public Hearings A. The Council held a public hearing in accordance with chapter 26 of the Parks and wildlife Code to obtain public comment concerning the proposed exchange of approximately 13.06 acres in Abstract 616 and 1007 out of South Lakes Park for approximately 5.105 acres in Abstract 185 near Evers Park from the Denton Independent School District for the purpose of facilitating the construction of a middle school on the 13.06 acres out of South Lakes Park. Ed Hodney, Director of Parks and Recreation, stated that this public hearing was to receive public comments on the proposed conversion of 13.06 acres out of South Lakes Park for the purpose of developing a new middle school at that location. State law required that prior to the conveyance of the land, the City Council must determine that there was no feasible or prudent alternative for the use or taking of that park land and that all reasonable planning had been exercised to minimize harm to the park. That determination would take place after this public hearing. It was the intention after the public hearing to bring an ordinance and other documents to Council on November 19th for consideration. Also in accordance with State law the public hearing was advertised in the Denton Record-Chronicle on four consecutive Sundays. Should the Council approve the conversion of this 13 acre site, the DISD planned to construct a new middle school with parking and roads as required, tennis courts and various landscaping improvements. The DISD would also construct recreational improvements on what would remain as park land. Those facilities would be available for City programming and general public use after school hours and on weekends and holidays. Another requirement of State law was that the City receive land of equal value in exchange for the land to be converted. The DISD was proposing to acquire and convey to the City a 5.105 acre tract of property located at Evers Parkway and Windsor Drive. Advantages of this proposal were that the DISD would have a new middle school in a location in which it was needed, no park facilities would be disturbed with the building of the middle school, and the five acre tract the City would receive would be developed with two new ball fields which were called for in the existing CIP. He felt the exchange worked well for both taxing entities. The Mayor opened the public hearing. Doug Chadwick stated that the Park Board was developing a strategic plan which would be presented to Council at a future date. The Park and Recreation Mission Statement was to enrich the lives of all Denton citizens through environmental enhancements and a diverse offering of recreational, educational, and cultural services. When this item was first presented to the Board in 1995 there were many questions dealing with drainage, access, utilities, security and programming, There were two public meetings regarding this issue and he felt that the Board had dealt with most of the issues raised in the public meetings. He felt that the proposal was a win-win situation for both the DISD and the City. The Board was comfortable with the value of the properties involved in the exchange and comfortable with the program aspects which would be enhanced with this arrangement. The Parks and Recreation Board endorsed and recommended the Council's consideration of this proposal. 6 F Y r„ City of Denton City Council Minutes November 5, 1996 DRAFT Dr. Albert Thomas, Superintendent - DISD, stated that they were excited about the growth possibility of the City and the continued cooperation between the City and the DISD and with the two universities. Both entities were involved in zhe design of facility. He too felt it was a win-win situation for the DISD and for the City. He thanked the City for the cooperative effort between the City and the DISD on this issue. Rick Woolfolk stated that the location selected was favorable to the population growth of the District. Safety was a concern of the DISD. The intersection of Teasley Lane and 1-35 was a better intersection than Lillian Miller and I-35. This process would speed up the CIP process of the City and would provide new ball fields in the City. He encouraged the Council to support the project. The Mayor closed the public hearing. He stated that Council would take action on this item on November 19, 1996. i T J F I EXHIBIT B Excerpts from Meeting Minutes Parks and Recreation Board October 21, 1996 Page 2 ACTION ITEM Exchange of Land at South Lakes Park to DISD. Hodney reported the City of Denton and the DISD wish to facilitate the development of DISD's third middle school, parking, recreational and related improvements on a 13.06 acre tract of land in the northeast corner of South Lakes Park. State law requires that the City shall receive land of equal value from DISD in exchange for the 13.06 acres of park land. DISD has proposed to convey to the City a 5.105 acre tract of land adjacent to Evers Park in exchange. M independent fee appraisal has established equal values for both tracts. Hodney reviewed the alternative considerations that were rejected: a) development of middle school on DISD property; b) purchase of non-park land for school development; c) reduce the size of the conversion tract. Hodney added that the State law also requires that prior to the exchange, a public hearing shall be held, after which the City Council must determine that there is no feasible or prudent alternative for the use or taking of park land, and that all reasonable planning has been exercised to minimize harm to the park. The public hearing has been scheduled for November 5, 1996, at 7:00 p.m. in the City Council Chr.;nbers. Hodney introduced a °,,ident from the sr.,uth Lakes area, Mitchell Turner, who expressed his concerns to the Board. 3 urner's comments maybe summarized as follows: it was a mistake to give up any acreage in the community park; the City is too interested in making concessions to DISD; he did not think the City was getting a fair trade; the City already has enough land at Evers Park; he is disappointed with any recommended changes to the Master Plan; and that all 200 acres are needed for South Lakes Park and that the park needs to be controlled by the City and not jointly with DISD. Staff recommended that the Parks and Recreation Board determine that "there is no feasible or prudent alternative for the use or taking of a 13.06 acre tract out of South Lakes Park, and that all reasonable planning has been exercised to minimize harm to the park". The recommendation from staff was approved unanimously with a motion made by Harkless and seconded by Burroughs. DIRECTOR'S REPORT Denton Friday Night. Simpson reported that Doggett Enterprises, Inc. of Plano was selected fro.,: the two proposals. Simpson said Doggett Enterprises provided similar programs in Plano, Mesquite and Richardson with successful results. The new program will begin in January due t0 P a 7 f i tua~-la-1st 10:'~O CITY OF MITON PLr#aut~ru P.©2/02 EMUBIT C MTIr'UTES PLANNING AND Z04NLNG COMMISSION DRAFT November 13, 1996 Closed Meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, November 13. 1996, and began at 5:00 p.m. in the City Managers Conference Room, 215 E. MclGnney. 1. Closed Meeting: A. Real Estate and Legal Matters Under TEX. GOVT CODE. Sec/ 551.072 and 551.075 1. Consider the exchange of land with the Denton Independent School District. Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on Wednesday, November 13, 1996, and began immediately following the Closed Meeting in the City Council Chambers, 215 R. McKinney. Present: Mike Cochran, Carol Ann Ganzer, Rudy Moreno, Bob Powell, and Barbara Russell. Absent: Guy Jones, Ellen Schertz. Present from Staff: Rick Svehla, Deputy City Manager; Jerry Drake, Assistant City Attorney; Walter Reeves, Urban Planner; Donna Bateman, Senior Planning Technician; David Salmon, Senior Civil Engineer; Harry Persaud, Senior Planner; Chris Rodriguez, Secretary. Meeting called to order at 5:21 P.m . I. Consider the exchange of land in South Lakes Park near Londonderry for land adjacent to Evers Park with the Denton Independent School District. Ms. Simpson: The Parks W Recreation Department, with the recommendation of the Parks and Recreation Board, Is recommending that a 13.06 acre tract of land at South Lakes Park be exchanged for 5.105 acres of land adjacent to Evers Park that is owned by the Denton Independent School District. The city has been working with DISD on the construction of a middle school at South Lakes Park. There was a public hearing held on November 5th with no opposition and we are bringing it before the Planning and Zoning Commission tonight. Ms. Russell: Are there any questions? Mr. Cochran: I move that we present a favorable recommendation to the Cry Council of the exchange of a 13.06 acre tract of land at South Lakes Park for 5.105 acre tract of land adjacent to Evert Park. Ms. Omar. Second. Ms. Russell: Any further discussion? All in favor please raise your right hand. Opposed same sign. Approved. (5-0) TOTAL P,02 i s f : \VPD0C6\0RD\►,A,c. n c ORDINANCE NO. AN ORDINANCE MAKING FINDINGS PERKS AND WILDLIFE CODE, INCLUDING THE WFINDING SECTIONTHAT THERE O S NO FEASIBLE AND PRUDENT ALTERNATIVE TO THE USE OR TAKING OF 13.0 S PARK IN THE CITY ACRES IN ABSTRACT 616 AND 1007 AU OUT OF tHORIZ N~1HEMAYOR TO EXECUTE A OF THIS 13.06 ACRES OF UNDEVELOPED CITY PARK LAND TO THE AND CONVEYANCE COUNTY OF DEACON, CRE IN ABSTRACT 18 FION THE 5.CITY105 DEACON INDEPENDENT AND A SEVEERS DISTRTCT TRACT OF LAND COUNTY OF DEACON, TEXAS TO BE USED FOR PARK PURPOSES; MAKING CERTAIN OTHER FINDINGS; MAKING THIS ORDINANCE CUMULATIVE OF OTHER USE; PROVIDING A SAVINGS ORDINANCES; PROVIDING A AN EFFECTIVE DATE. CLAUSE, AND WHEREAS, the Denton independent school District ("DISD") needs 13.06 acres related of impSouth rovements; andk to construct a new middle school and WHEREAS, the City is willing to exchange the 1 abst06 tin abstract 616 and 1007 for approximately properties being near Evers Park, belonging to DISD, with both proper within the City and County of Denton, Texas; and WHEREAS, an independent appraisal has determined that the 13.06 acre tract has the same fair market value as the 5.105 acre tract; and WHEREAS, since both the City and the DISD are governmental entities having the power of eminent domain, there is no require- ment for an election to be held prior is there a requirement for Tex. Loc. Govt Code 4253.001(b), nor competitive sealed bidding, in accordance with Tex. Loc. Gov't Code §0272.001; and WHEREAS, the 13.06 acres was purchased with funds from the Land and Water Conservation und of the Texas Local Parks, hedrea-pub and tion, and Open Spaces Fund, F rior to the actual a public hearing be held regarding this project p consummation of same, in accordance with Chapter 26 of the Parks and Wildlife Code; and WHEREAS, by Resolution No. R96-059, passed by the City Council on October 18, 1996, the City Council called a public hearing and provided notice of said hearing for the accordancofereceivingwith of the Parks and Wildlife Code, comments concerning whether the City should exchange the 13.06 acres out of South Lakes Park for the 5.105 acres near Evers Park owned by the DISD; and WHEREAS, on November 5, 1996, a public hearing in compliance with 526.002 of the Parks a comment Wildlife Code c ived;e d in the City was re and Council Chambers, and public } WHEREAS, the City Council now wishes to make findings consistent with 526.001 of the Parke and Wildlife Code and to authorize the Mayor to execute a conveyance of the 13.06 acres for the 5.105 acre tract; and WHEREAS, both the DISD and the City, in accordance with a Joint Use Agreement which the parties entered into on December 20, 1483, proposed to jointly use the 13.06 acres for both school and park and recreational purposes; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the findings in the recitations set out in the preambles to this ordinance are true and correct, and that they are hereby adopted by the City Council and made a part of this ordinance for all purposes. SECTION II. That after a public hearing and comment by the public, in accordance with Chapter 26 of the Parke and Wildlife Code, the City Council finds that there is no feasible and prudent alternative to the use and taking of the 13.06 acres out of South Lakes Park, in abstract 616 and 1007 within the City and County of Denton, Texas, and more fully described in Exhibit "A attached hereto and made a part of this ordinance as if written word for word herein, and that the program or project includes all reascn- able planning to minimize harm to the land as a park, recreation area, scientific area, wildlife refuge, or storage site, resulting from the use or taking. SECTION Iii. That the Mayor, or in his absence, the Mayor Pro Tem, is hereby authorized and directed to execute a Conveyance and Real Estate Contract and all other documents necessary to consum- mate this transacti.)n, after approval as to form by the City Attorney, of property consisting of 13.06 acres, more or lees, out of abstract 616 and 1007 out of South Lakes Park, as more specifi- cally described in Exhibit "A", conveying this property to the DISD in exchange for 5.105 acres, more or less, out of abstract 186 near Evers Park in the City and County of Denton, as more specifically described in Exhibit "B" attached hereto and made a part of this ordinance as if written word for word herein. This Real Estate Contract shall be substantially in the form of the attached contract which is made a part of this ordinance as if written word for word herein. SECTIQN IV. This ordinance shall be cumulative of all the provisions of the ordinances and of the Code of Ordinances of the City of Denton, Texas, as amended, except where the provisions of this ordinance are in direct conflict with such ordinances and such code, in which event conflicting provisions of such ordinances and such Cede are hereby repealed. Page 2 II F SECTION V. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of in this ordinance are severable and, if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentence, paragraphs, and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph, or section. U=IO yi. 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: i APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTO Y BY: C Page 3 0 ,i REAL ESTATE CONTRACT STATE OF TEXAS § COUNTY OF DENTON § THIS CONTRACT OF SALE is rade by and between the City of Denton, Texas, a Texas municipal corporation (hereinafter referred to as "Seller") and the Denton Independent School District, an ' independent school district and a political subdivision of the State of Texas (hereinafter referred to as "Purchaser"), upon the terms and conditions set forth herein. PURCHASE AND SALE Seller hereby sells and agrees to convey, and Purchaser hereby purchases and agrees to pay for, the tract of land containing ap- proximately 13.06 acres, more or less, of land situated in the S.C. Hirams Survey abstract number 616 and the C. Poullier Survey abstract number 1007 in the City and County of Denton, Texas, being more particularly described in Exhibit "A" attached hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenances pertaining to the property, including any right, title and interest of Seller in and to adjacent streets, alleys or rights-of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "13.06 acres"), together with any improvements, fixtures, and personal property situated on and attached to this property, for the consideration and upon and subject to the terms, pro- visions, and cont'Ltions hereinafter set forth. PURCHASE PRICE 1. Consideration of Purchase Price. In exchange for the 13.06 acres to be conveyed by Seller above, Purchaser sells and agrees to convey and Seller :iereby purchases and agrees to pay for, by th4 exchange of the 13.06 acres to Seller, the tract of land containing approximately 5.105 acres, more or less, in the B.B.B. and C.R.R. company Survey abstract number 186, situated in Denton County, Texas, being more particularly described in Exhibit "B" attache3 hereto and incorporated herein by reference for all purposes together with all and singular the rights and appurtenanc- es pertaining to the property, including any right, title and interest of Purchaser in and to adjacent streets, alleys or rights- of-way (all of such real property, rights, and appurtenances being hereinafter referred to as the "5.105 acres"), together with any improvements, fixtures, and personal property situated on and at- tached to this property, for the consideration and upon and subject to the terms, provisions, and conditions hereinafter set forth. 2, Exchange of . The properties shall be exchanged at the closing in full satisfaction of the seller's and Purchaser's purchase price. 1/ t "r PARTIES' OBLIGATIONS The obligations of parties hereunder to consummate the trans- actions contemplated hereby are subject to the satisfaction of each of the following conditions, any of which may be waived in whole or in part by the other party at or prior to the closing. 1. Preliminary Title Report. Within twenty (20) days after the date hereof, Seller, at Seller's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a pre- liminary title report (the "Title Report*) on the 13.06 acres of land, and the Purchaser shall, at Puronaser's sole cost and expense, shall have caused the Title Company (hereinafter defined) to issue a title report (the "Title Report*) on the 5.105 acres of land. The Title Reports shall be accompanied by copies of all recorded documents relating to easements, rights-of-way, etc., affecting the properties. Purchaser and Seller shall give each other written notice on or before the expiration of ten (10) days after Purchaser and Seller receive the respective Title Reports that the condition of titles as set forth in the title binders are or are not satisfactory, and in the event Purchaser or Seller states the condition is not satisfactory, the Purchaser or Seller shall, at Purchaser or Seller's option, promptly undertake to eliminate or modify all unacceptable matters to the reasonable satisfaction of the other party. In the event Purchaser or Seller is unable to do so within ten (10) days after receipt of written notice, this Agreement shall thereupon be null and void for all purposes; otherwise, this condition shall be deemed to be accept- able and any objection thereto shall be deemed to have been waived for all purposes. 2. Survey. Upon written request by either party delivered to the other party contemporaneously with the first party's delivery of an executed original of this Agreement, the other party shall within twenty (20) days from the date thereof, at that party's sole cost and expense, deliver to the other party a current survey of the respective property, prepared by a duly licensed Texas land surveyor acceptable to the other party. The survey shall be staked on the ground, and shall show the location of all improvements, highways, streets, roads, railroads, rivers, creeks, or other water courses, fences, easements, and rights-of-way on or adjacent to the Property, if any, and shall contain the surveyor's certification that there are no encroachments on the Property and shall set forth the number of total acres comprising the Property, together with a metes and bounds description thereof. The parties will have ten (10) days after receipt of the survey to review and approve the survey. In the event either survey is unacceptable, the party making objections to the survey shall within the ten (10) day period, give the other party written notice of this fact. The party receiving the objections shall, at that party's option, promptly undertake to eliminate or modify the Page 2 i 1 a F unacceptable portions of the D, rvey to the reasonable satisfaction of the other party. In the event the party satisfying the objection to the survey is unable to do so within ten (10) days after receipt of written notice, the other party may terminate this Agreement, and the Agreement shall thereupon be null and void for all purposes and the Escrow Deposit, if any, shall be returned by the Title Company to the other party. Either party's failure to give the other this written notice shall be deemed to be the other party's acceptance of the survey. 3. Parties' Compliance. The parties shall have performed, observed, and complied with all of the covenants, agreements, and conditions required by this Agreement to be performed, observed, and complied with by either party prior to or as of the closing. REPRESENTATIONS AND WARRANTIES OF SELLER AND PURCHASER Seller and Purchaser hereby represent and warrant to each other, as to the respective 13.06 acres to be conveyed by Seller and the 5.105 acres to be conveyed by Purchaser as follows, which representations and warranties shall be deemed made by the parties also as of the closing date: 1. The Seller hc,':ds good marketable title to the 13.06 acres and the Purchaser holds good marketable title to the 5.105 acres; 2. There are no parties in possession of any portion of the Property as lessees, tenants at sufferance, or trespassers; 3. Except for the prior actions of the parties, there is no pending or threatened condemnation or similar proceeding or asses- sment affecting the respective properties, or any part thereof, nor to the best knowledge and belief of the parties is any such pro- ceeding or assessment contempld:.ed by any governmental authority; 4. The parties have complied with all applicable laws, ordinances, regulations, statues, rules and restrictions relating to the respective properties, or any part thereof. 5. There are no toxic or hazardous wastes or materials on or within the respective properties. Such toxic or hazardous wastes or materials include, but are not limited to, hazardous materials or wastes as name are defined by the Resource Conservation and Recovery Act (RCTA), as amended, and the Comprehensive Environmen- tal Response Compensation and Liability Act (CERCLA), as amended. In the event any such toxic or hazardous wastes or materials are found upon the respective properties, Seller shall be responsible for the expense of removal of these wastes or materials on the 1?.06 acres and Purchaser shall be responsible for the expense and removal of these wastes or materials on the 5.105 acres upon receipt of written notice of the presence of these wastes or materials, or the party in receipt of said notice may terminate / 2 Page 3 II { M . lj i Y F this Agreement and return same to the party sending the notice. CLOSING The closing shall be held at the office of Texas, on or before or , date and place as Seller and Purchaser may mutuallyaagreehupone(which,date is herein referred to as the "closing date"). CLOSING REQUIREMENTS 1. Seller'2 and Purchas r'a R~Qulramentia, At the closing Seller shall, with respect to the 13.06 acres and Purchaser shall with respect to the 5.105 acres do the following: ' A. Deliver to each other a duly executed and acknowl- edged Special Warranty Deed conveying good and marketable title in fee simple to the respective properties, free and clear of any and all liens, encumbrances, conditions, easements, assessments, and restrictions, e;ccept for the following: 1. General real estate taxes for the year of closing and subsequent years not yet due and payable; 2. Any exceptions approved by the other party, subject to the other party's obligations hereof; and 3. Any exceptions approved by ei- ther party in writing. B. Deliver to each other a Texas Owner's Title Policy at that party's sole expense, respectively on the 13.06 acre tract by Seller and the 5.105 acre tract by Purchaser issued by (the "Title Company") in the other party's favor in the full amount of the purchase price, insuring the other party's fee simple title to the Property subject only to those title exceptions listed in Closing RerntirCMl-a s hereof, such other exceptions as may be approved in writing by the parties, and the standard printed exceptionh contained in the usual form of Texas Owner's Title Policy, provided, however: 1. The boundary and survey excep- tions shall be deleted if required by either party and if so required, the costs associated with same shall be borne by the other party; 2. The exception as to restrictive covenants shall be endorsed "None of / , / Page 4 z 0 F Record"; 3. The exception as to the lien for taxes shall be limited to the year of closing and shall be endorsed "Not Yet Due and Payable"; and 4. The exception as to liens encum- bering the Property shall be endorsed "None of Record". C. Seller shall deliver to Purchaser possession of the 13.06 acre tract, and Purchaser shall deliver to Seller possession of the 5.105 acre tract. 2. Purchaser's and Seller's Reauirgmg nts. Purchaser and Seller shall exchange the 13.06 acres for the 5.105 acres at Closing. 3. Closing Costs. Through the date of Closing, Purchaser shall be only responsible for the payment of taxes and other assessments, if any, through the date of Closing on the 5.105 acre tract and Seller shall be responsible for the payment of taxes and other assessments, if any, through the date of Closing on the 13.06 acre tract. Any taxes imposed, assessed or arising because of a change of use of the 13.06 acre tract after closing by the parties shall be the responsibility of the Purchaser and on the 5.105 acre tract shall be the responsibility of the Seller. In particular, the Seller shall not be responsible for roll back tax liability to any tax jurisdiction resulting from Purchaser changing use of the property from agricultural uses to non-agricultural uses on the 13.06 acre tract, and Purchaser shall not be responsible for roll back tax liability to any tax jurisdiction resulting from Seller changing use of the property from agricultural uses to sson- agricultural uses on the 5.105 acre tract. All other coots and expenses of closing in consummating the sale and purchase of the Property not specifically allocated herein shall be equally shared by Purchaser and Seller. REAL ESTATE COMMISSION All real estate commissions, if any, occasioned by the consummation of this Agreement shall be the sole responsibility of the parties who incurred that obligation, and each party agrees to indemnify and hold harmless, to the extent allowed by law, the other party from any and all claims for these commissions. BREACH In the event Seller or Purchaser shall fail to fully and timely perform any of its obligations hereunder or shall fail to Page 5 D F y I. e consurmate the sale of the Property except in the event of the other party's default, either party may either enforce specific performance of this Agreement or terminate this Agreement. MISCELLANEOUS 1, as gr~ms*+► o Agreement. This Agreement may not be assigned by either party without the express written consent of the ' other party. 2,~ival of Covenants. Any of the representations, warranties, covenants, and agreements of the parties, as well as any rights and benefits of the parties, pertaining to a period of time following the closing of the transactions contemplated hereby shall survive the closing and shall not be merged therein. 3. Notice. Any notice required or permitted to be delivered hereunder shall be deemed received when sent by United States mail, postage prepaid, certified mail, return receipt requested, addres- sed to Seller or Purchaser, as the case may be, at the address set forth beneath the signature of the party. q, Texas Law~to AoU44. This Agreement shall be construed under and in accordance with the laws of the State of Texas, and all obligations of the parties created hereunder are performable in Denton County, Texas. 5. tiartiea Bound. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, legal representatives, successors and assigns where permitted by this Agreement. 6. rgaal Construes on. In case any one or more of the pro- visions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, said invalid- ity, illegality, or unenforceability shall not affect any other provision hereof, and this Agreement shall be construed as if the invalid, illegal., or unenforceable provision had never been contained herein. 7. Prior nereemont8 Su4erseded. This Agreement constitutes the sole and only agreement of the parties and supersedes any prior understandings or written or oral agreements between the parties respecting the within subject matter. 8. Time of Essence. Time is of the essence in this Agree- ment. 9. Gender. Words of any gender used in this Agreement shall be held and construed to include any other gender, and words in the singular number shall be held to include the plural, and vice versa, unless the context requires otherwise. / / Page 6 4 l 10• Memorandum of Conts~ Upon request of either party, both parties shall promptly execute a memorandum of this Agreement suitable for filing of record. 11. ~omo~ ianCe In accordance with the requirements of the Texas Real Estate License Act, Purchaser is hereby advised that it should be furnished with or obtain a policy of title insurance or purchaser should have theeabstrown actscovering the Property examined by an attorney 12. .T LM Limit. In the event a fully executed copy of this Agreement has not been executed and returned to Seller within thirty (30) days after Seller executes this Agreement and delivers purchaserfight to terminate this Purchaser notice shall t have the same to Agreement upon written DATED this day of 19 SELLER: CITY OF DENTON, TEXAS 215 East McKinney Denton, Texas 76201 BY: JACK MILLER, KAY0A ATTEST: JENNIFER WALTERS# CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: PURCHASER: DENTON IND£P°NDENT SCHOOL DISTRICT BY: Page 7 yS M x f APPROVED AS TO LEGAL FORM. RICHARD D. HAYES, ATTORNEY FOR DENTON INDEPENDENT SCHOOL DISTRICT STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on the day of 1996, by Jack Miller, Mayor of the City of Denton, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Denton, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Denton and that he executed the same as the act of the said City for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS STATE OF TEXAS COUNTY OF DENTON This instrument is acknowledged before me, the on the day of 19961 by Chairman of the School Board, known to me to be the 'person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said DISD, that he was duly authorized to perform the same by appropriate resolution of the DISD School Board and that he executed the same as the act of the said DISD for purpose and consideration therein expressed, and in the capacity therein stated. NOTARY PUBLIC IN AND FOR TEXAS ft\rPpoCS\Z\PA", KZC Page 8 I 5 { P.O. Box 686 ♦ Denton, Texas 76242-0686 ♦ (817) 565.8215 TRACT 11 13.060 ACRES FIELD NOTES to all that certain tract of land situated in the S. C. Ricans Survey Abstract Number 616 and the C. Poullier Survey Abstract Number 1007, City of Denton, Denton County, Texas and being a part of the called 200.3905 acre tract described in the dead from the Federal Deposit Insurance Corporation to the City of Denton recorded in Volume 3237, Page 371 of the Real Property Records of Denton County, Texas) the subject tract being more particularly described as follows) BEGINNING for the Northwest corner of the tract being described herein, st a 1/2 inch iron rod found near a fencce cower post at the Northwest corner of the said City of Denton tract and the Southwest corner of Lot 1, Block C of the Teasley Nall subdivision as shown by the plat thereof recorded in Cabinet B, Page 5 of the Plat Records of Denton County) THENCE North 89 Degrees SS Minutes 51 Seconds East with the North line of the City of Denton tract and the South line of Block C, passing at 512.76 feet 0.3 feet North of a 1/2 inch iron rod found at the Southeast corner thereof on the Nest right of way of Jason Drive and continuing across Jasoa Drive and with the South line of Block A, in all, a total distance of 852.42 test to a 1/2 inch iron rod set for the Northeast corner of the herein described tract) TREKS South 04 Degrees 04 Minutes 09 Seconds East a distance of 667.15 feet to a 1/2 inch iron rod sat) THENCE South SO Degrees SS Minutes 50 Seconds Nast a distance of 552.92 feet to a 1/2 inch iron rod set on the West line of the City of Denton tract and the Nast line of the called 100.00 acre tract described in the deed to Acne Brick Company recorded in Volume 3127, page 930 of thr Real Property Records of Denton County, Texas) THENCE North 00 Degrees 01 Minutes 35 Seconds West with the West line of the City of Denton tract a distance of 667.15 feet to the POUR OF BEGINNING and enclosing 13.060 acres of land. alb jdSf/!6058 OF 24 I Y 1.• MWIBIT 5.1os wNes T FIELD p1Y to All that. certain tract of laod situated in the R.s.it, a C. R.R. ~ ► Abetraet Wiwaber 1K . Denton County Tssas, and Delag all of the • ~~o~~ . FM,daed troa Jac1e Ml1,Conatrvetion Company to Eob I. Tripp > lMi. Vleluwe 3015 raga ! 3 0; the Deed Eaoorda o! !sleet tract being wore psrticvlarly dtscrfbsd sa tollo~ County, Iran INp for the Northeast I corner of the tract being described herein at an described at the lsortheuia+ c corner of the Tripp tract in the South line of a tract rod found in the deed to Denton Independent School District recorded in Volume 1140 Page 234 of the Said Deed Records, said point being the Northwest corner of the tract described in the deed to the City of Denton recorded In Volume 1196 Page 442 of the sold Dead Records: THSWCR South 00 Degrees 16 Minutes 03 Seconds Nest along S fence with the test line of the Tripp tract a distance of 577.79 feet to a pk nail found at a fence corner on the North right•of-ray of Windsor Drive as described In the deed to the City of Denton recorded in Volume 1236 Page 745 of the said Deed Records) rHENC6 westerly with the North line of Windsor Drive along a curve to the left whose radius Is 534.30 feet with an arc length of 295.21 feet (chord bearing i:•.^rth 86 Degrees 48 Minutes 56 Seconds West a distance of 281.88 feet) to the end of said curve: THENCE South 77 Degrees 48 Minutes 35 Seconds west with the North line of the said road a distance of 39.56 feet to the Southwest corner of the Tripp tract in the teat right-of-ray of Evers Parkway as described in the deed to the city of Denton recorded in volume 1166 Page 22 of the said Deed Records; T1i6NCE Northerly the following S calls: 1) Worth 12 Degrees 07 Minutes 18 Seconds west a distance of 143.20 feet to an iron rod founds 2) Northweoterly along the arc of a curve to the left having a radius of 652.69 feet an arc length of 148.61 feet (chord bearing North 18 Degrees 12 Minutes 21 Seconds Nest a distance of 148,42 feet): 3) North 23 Degrees 11 Minutes 55 Seconds West a distance of 75.68 feet to an Iron rod foundr 41 Northwesterly along the arc of a curve to the left having a radius of 242.61 feet an arc length of 98.55 feet )chord Gearing North 11 Degrees 13 Minutes 45 Seconds Hest a distance of 97,87 feet): 51 North 00 Degrees 04 Minutes 31 Seconds East a distance of 124.S6 feet to the Southwest corner of the DISD tract; THENCE South 99 Degrees 56 Minutes 50 Seconds Bast with the South line of the DISD tract a distance of 448.52 feet to the PLACE OF BEGINNING and enclosing s.105 acres of land, s1h }dS8/96111 E i Y F i Agenda No. Agenda Ilem~ Date ~LL! 3-LLQ ORDINANCE NO- A6 -d 53 AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR THE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELSPHOMe' C04PANY SHALL, CONSTRUCT, ERECT, BUILD, EQUIP, OWN, MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS,' THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LONG-DISTANCE TELEPHONE BUSINESS, PRESCRIBING THE CONDITIONS GOVERNING THE USE OF PUBLIC RIGHTS-OF-WAY FOR THE TILIPHON2 COMPANY'S TELECOMMUNICATIONS BUSINESS, PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE, PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TELEPHONE COMPANY; SPECIFYING GOVERNING LAWS1 PROVIDING FOR ASSIGNMENT; PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE; PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OV LAW AND VENUE; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER wiesus» t F PRIOR ORDINANCES; PROVIDING FOR ALTERNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE. WHIR=AS, it is to the mutual advantage of both the City of Denton ("City") and GTE Southwest Incorporated ("Telephone Company") f that an agreement should be entered into between the Telephone I i Company and the City establishing the consideration for and conditions under which the Telephone Company shall construct, maintain and operate its physical plant in the public rights-of- way within the City's corporate limits in the future; NOM, TRRBRFORNs 82 IT ORDA==D BY THE CITY COUNCIL OF THE CITY OF DRNTON, TRIA80 TEATt SECTION 1. DRFINITIONS Whenever used in this ordinance, the following words and terms shall have the definitions and meanings provided in this section: (a) For purposes of this ordinance, an Access Line shall be defined as any local line provided by Telephone Company to a customer in the City which provides access to the public switched network, including all single line residence, party line residence, single line business, multi-line business, Centrex, Centranst, key lines, ISDN lines, COCT lines, semi- public pay telephone lines and PABX trunks or equivalents which 2 - IOL1961$33 E Q Y F w a I are assigned to locations inside the corporate limits of the City. (b) CITYt The City of Denton, Texs3. (c) F&CILITISS: All Telephone Company duct spaces, manholes, poles, conduits, underground and overhead passageways, and other equipment, structures and appurtenances and all associated Transmission Media, which are located in the City Rights-of-Way. (d) 82aaTS-os-WhYs All present and future public streets, avenues, highways, alleys, bridges, viaducts, public thoroughfares, public utility easements, public krays, public grounds, and without limitation by the foregoing enumeration, other public property within the city limits of the City. As used herein, the term "Rights-of-Way" does not include facilities dedicated to the provision of electrical power to citizens of the City to the extent the City may own the power utility providing electrical power in the City. (e) 01 TRUC9NHE2E=IONfi_fiJMVTI!!Iat All services of any nature, offered for sale by the Telephone Company to subscribers in the City, which services are delivered to such subscribers by transmission, between or among points not specified by the Telephone Company, of information, voice or 3 - IO1B 96.57] C Y E otherwise, not chosen, created, or offered for distribution by the Telephone Company, rranemitted without change in form or content of the information as sent and received, which transmission is offered for sale by the Telephone Company in the City, which services are provided in whole or part in the City to any customers of any type whatsoever. "Telecommunications" and "Telecommunications Services" do not include such services as cable services, as defined in the Cable Communications Policy Act of 1984 (47 U.S.C.A. 5 521, et seq., amended) or as recognized by the Federal Communications Commission or any other service wherein content is selected for distribution by the Telephone Company. (f) GTE Southwest Incorporated. (g) All Telephone Company cables, fibers, wires or other physical devices used to transmit and/or receive communication signals, whether analog, digital or of other' characteristics, and whether for voice, video, or data or other purposes, which are physically located in the City Rights-of-Way. SECTION 2. CONBTRVCTION AND MINT=NANCR OF T=LSP8ONS PLANT AND snvia (a) Pursuant to the laws of the State of Texas and this Ordinance, the Telephone Company has the non-exclusive right and 4 - 1019961573 WIMMUMME >SY F privilege to use and occupy the public rights-of-way in the City for the purpose of maintaining and operating its Transmission ' Media used in the provision of Telecommunications Services and the operation of a telecommunications system, subject to the terms, conditions, and stipulations set forth in this ordinance, the Constitutions and laws of the United States and the State of Texas and the City's Charter and Ordinances to the extent such Ordinances are not in conflict herewith. The Telephone Company is not authorized to provide cable television service as a cable operator, as that term is defined in the Cable Communications Policy Act of 1984, in the City wiChout obtaining a separate franchise from the City. The Telephone Company's Facilities and Transmission Media used in or incident to the provision of Telecommunications Services and to the maintenance of a telecommunications business by the Telephone C'o opany in the City shall remain as now constructed, subject to such changes as under the conditions prescribed in this Ordinance may be considered necessary to the public health and safety by the City in the exercise of its lawful police powers and such changes and extensions as may be considered necessary by the Telephone Company in the pursuit of its telecommunications business. The Telephone Company shall at all timeq during the term of this ordinance be subject to all lawful exercise of the police power by the City and to such reasonable and lawful regulation as the City shall hereafter by charter, resolution or ordinance provide. The terms of this ordinance shall apply thr,aughout the City and - 5 - io~~sns» 1 5 a t, shall apply to all the Telephone Company's Facilities used, in whole or part, in the provision of Telecommunications Services, and shall include the provision of Telecommunications Services in any newly annexed areas of the City upon the effective date of Ih such annexation or the date the city provides the Telephone Company notice of such annexation, whichever occurs later. The Telephone company shall maintain its Facilities in a reasonable operating condition at all normal times during the term or any extension of this Ordinance. An exception to this condition is automatically in effect when service furnished by the Telephone Company is interrupted, impaired or prevented by fires, strikes, riots, or other occurrences beyond the control of the Telephone Company, or by storms, floods, or other casualties, in any of which events the Telephone Company shall do all things reasonably within its power to do to restore normal service as soon as practicable. (b) Facilities installed or relocated by the Telephone C=V&ny in the Rights-of-Way during the term of this Ordinance shall be located underground where technologically and economically feasible. If technologically unfeasible, or if placement of facilities underground presents an undue economic burden on Telephone Company, upon proof thereof being presented to the City, Telephone Company and City will jointly agree to alternative installation of relocation options. 6 - 1011961577 6 F sFCTtON_3_ SUMVISION BY CITY OF LOCATION OF POLBS AND CONDUITS (a) The Telephone Company shall lay, maintain, construct, operate, and replace its poles, wires, anchors, cables, manholes, conduits, and appurtenances used, in whole or part, to provide Telecommunications Services so as to interfere as little as j possible with traffic and shall promptly clean up and restore, at its sole cost, all thoroughfares and other surfaces which it may disturb to as good a condition as before such disturbance. The location of all Telephone Company Facilities shall be fixed under the supervision of the City's governing body or an ailthorized committee or agent appointed by said governing body. All poles to be placed shall be of sound material and reasonably straight, and all poles, stubs, guys, anchors, and other above ground facilities shall be so set that they will not interfere with the flow of water in or to any gutter or drain, and so that the same will interfere as little as practicable with the ordinary travel on the streets, alleys, highways, public thoroughfares, public utility easements, public ways or sidewalks and so that they will not compromise public safety. The City shall have the right to require the Telephone Company, at its own expense, to install or relocate above-ground Facilities as far from vehicular travel lanes as reasonably possible for traffic safety purposes. Except as provided in Section 2(b), the City shall also have the right to require the Telephone Company, at its own expense, to install underground all new Facilities except those to which above-ground access is necessary for normal maintenance and connections, - ~oieeeis» 7 e p , F without claim for reimbursement or damages against the City. The location and route of all poles, stubs, guys, anchors, conduits, cables and any other Facilities to be placed and constructed by the Telephone Company in the City Rights-of-Way, and the location of all conduits to be laid by the Telephone Company within the City's Rights-of-Way under this Ordinance, shall be subject to the reasonable and proper regulation, control and direction of the City's governing body or of any City, Ccmittee, department or official to whom such duties have been or may be delegated. (b) The City shall have the right to change the grade, install, relocate, or widen the public streets, sidewalks, bikeways, alleys, public thoroughfares, highways, landscaping, and public way and places within the present limits of the City and within said limits as same may from time to time be extended, and in such events the Telephone Canpany shall relocate, at its own expense, its Facilities and Transmission Media, in order to accommodate the installation, relocation, widening, or changing of the grade of any such public street, sidewalk, bikeway, alley, public thoroughfare, highway or public ways, including if necessary relocating such Facilities and Transmission Media a sufficient distance from the edge of the pavement to permit a reasonable work area for machinery and individuals engaged in installing, relocating, widening, or changing the grade of any 8 - soteve~f» __J L F i Public street, sidewalk, bikeway, alley, public thoroughfare, highway or public way. (c) The City shall have right to lay, and permit to be laid, sewer, gas, water, electric, and other pipelines or cables or conduits, and to do and permit to be done any underground and overhead installation or improvement that may be deemed necessary or,proper by the governing body of the City in, across, along, over or under any City Rights-of-Way occupied by the T#%phone Company, and to change any curb or sidewalk or the grade of.any street. In permitting such work to be done, the City shall not be liable to the Telephone Company fot any damage so caused, nor shall the City be liable to the Telephone Company for any damages arising out of the performance by the City or its contractors or subcontractors not willfully and unnecessarily occasioned; provided, however, nothing herein shall relieve any other person or corporation from liability for damages to facilities of the Telephone Company, including the Cityle contractors and subcontractors. The City shall also have the right to require the Telephone Company to relocate, at the sole expense of the Telephone Company, any Facilities erected or maintained in City Rights-of-Way, if said relocation is deemed necessary by the governing body or its designated representative for traffic safety purposes, including traffic signals. Whenever by reason of changes in the grade of a thoroughfare or in the location or - 9 - io:eens» b F .F manner of constructing a water pipe, gas pipe, sewer, or other aboveground or underground structure, it is deemed necessary by the City to remove, alter, change, adapt, or conform the underground or aboveground Facilities of the Telephone Company, the Telephone Company shall make the alterations as soon as practicable when ordered in writing by the City without claim for reimbursement or damages against the City. (d) Whenever it becomes necessary to require Telephone Company to relocate or remove Facilities, for the completion of public works projects or for reasons of public safety, the City will inform the Telephone Company in writing of the aforementioned requirement. Except in cases of an emergency, the city will provide at least ten (10) days' written notice to Telephone Company of the requirement to relocate or remove said Facilities. Whenever it shall be necessary to require Telephone Company to alter, change, adapt, or conform its Facilities within the Rights-of-Way, such alterations or changes shall be made promptly, with consideration given to the magnitude of ouch alterations or changes, without claim for reimbursement or damages against the City. If any such requirements impose a financial hardship upon the Telephone Company, the Telephone Company shall have the right to present alternative proposals to the City, and the City shall give due consideration to any such 10 - ioieeexs» 4 F f alternative proposals. If the City requires the Telephone company to adapt or conform its Facilities to enable any other entity or person, except the City (as described in Section 3(c) above), to use, or to use with greater convenience, Rights-of-way or public property, Telephone Company shall not be required to make any such changes until such other entity or person shall reimburse or make arrangements satisfactory to Telephone Company to reimburse the Telephone Company for any loss and expense caused by or arising out of such change; provided, however, that in no event shall the City be liable for such reimbursement. (e) Nothing in this ordinance is intended to add to or detract from any authority granted by federal or state law to the City or the Telephone Company. SSCTiON 4. ATTACMMTS TO POis8 AND 8PACS rl DVCTB (a) As partial compensation for the use of the City's Rights-of- Way, the Telephone Company shall permit the City to use, without charge, solely for its own, non-commercial purposeu, available duct space within one duct in all of the Telephone Company's existing ducted Facilities within the City limits, upon written request by the City, if such duct space is available when requested. Alternatively, Telephone Company shall provide City with space on existing telephone poles for the City's use, - 11 - ioisaeis» f1 M s F without charge, solely for its own, non-commercial purposes, if such pole space is available when requested. The City shall not use any facilities which are provided for the City's use by the Telephone Company for power transmission purposes, nor use any circuits in such conduits or upon such poles to carry voltage in excess of one hundred thirty (130) volts for signal purposes, nor otherwise use any such circuits so as to unreasonably interfere with Telephone Company's Telecommunications Services or Telephone Company Facilities. (b) The City shall not sell, lease or otherwise make available its rights to use Telephone Company's Facilities-to any third party. Such rights are provided solely for the non-commercial exclusive use by the City. However, this restriction shall not prevent the City from using the services of a third party commercial entity to manage or operate the City's facilities on behalf of the City so long as no resale or other commercial use of such facilities shall occur and so long as the third party employed by the City is bound by the provisions of this ordinance. (c) Should the City desire to purchase or otherwise acquire additional Facilities from the Telephone Company for its non- commercial use, then a further separate, non-contingent agreement 12 - LOM6ssn . I shall be a prerequisite to such purchase or acquisition. Telephone Company and City agree to act in good faith in the negotiation of such agreement(s) with city. (d) The City may, at any time, submit written requests to the Telephone Company for use of its Facilities. The Telephone Company agrees to respond in writing to the City's requests within thirty (30) calendar days after receiving the request. The City Council shall designate one City contact person for requests for Facility usage. (e) The City recognizes that the Telephone Company cannot reserve Facilities for the City's use at some indefinite time in the future. Accordingly, the City will request the use of Telephone Company's Facilities only after the City has an approved and funded construction plan. Project construction by the City must commence within six (6) months of the Telephone Company notifying the City that Facilities are available. Unless delay is occasioned through no fault of the City, any equipment or facilities of the City placed by the City on or in Telephone CoMany's Facilities must be fully operational within eighteen (18) months from the date project construction commences. If such a delay occurs, City.shall take all reasonable measures to make its equipment or facilities placed on or in Telephone 1 3 - iotese;s;~ r Company's Facilities fully operational as soon as practicable with consideration given to the circumstances which caused the delay. (f) with regard to the City's equipment or facilities placed in, or on, Telephone Company's Facilities, the Telephone Company shall be relieved of its obligation to reserve space in or on its Facilities for the specific Facility if construction is not started within six (5) months of the Telephone Company notifying the City that Facilities are available or if such city equipment and facilities are not fully operational within the time limits specified in Section 4(e), unless an extension of time is mutually agreed upon, in writing, by both parties. Upon the City's equipment or facilities being placed in, or on, Telephone Company'a Facili~ies, tha Telephone Company may not char;te the i City an additional fee for the use of the Telephone Company's Facilities. The City's use of Telephone Company Facilities will extend beyond the term of this ordinance free of charge to the City so long as said Facilities remain in-place, but upon the expiration of this Ordir.4r,ce Telephone Company shall be under no obligation to continue to provide, maintain or operate such Facilities for the benefit of the City. The Telephone Company will not be liable for the installaciQn or maintenance of any 14 - toie9ns» s G F Y. City facilities under this ordinance or for any damage not caused solely by the negligence of the Telephone Company. (g) The City shall clearly mark all of its facilities that are placed in, or.on, Telephone Company Facilities. in order to protect the telephone service to the citizens of the City, the City agrees that all construction by the City in, or on, Telephone Company Facilities will be in accordance with Telephone company standards and procedures and any applicable City Codes or ordinances. The Telephone Company shall have the right to make on-site inspections during construction by the City. in the event the City, in making its facilities operational, encounters any situation tLat might impact Telephone i Company's communication service to the citizens of the City, the city shall stop construction and notify the Telephone Company immediately. (h) Except as otherwise provided in Section 4(e) above, the Telephone Company may deny the City's request for use of Telephone Company Facilities only if the Telephone Company has plans ti use the requested Facilities by installing telecommunications equipment no later than two (2) years from the date of the City's request. In the event that tLe Telephone Company denies the City's request, the Telephone Company must 15 - iaiesbisn r show the City its current engineering plans that demonstrate that the Telephone Company will use the requested Facilities for Telecommunications Services within two (2) years. (i) The Telephone Company is not authorized to license or lease to any person or entity the right to occupy or use the City's Rights-of-way for the conduct of any private business except to the extent required by law. The Telephone Company will, from time to time, upon written request from the City provide to the City the names of resellers of telecommunication services using, or requesting to use, Telephone Company Facilities. The Telephone Company may be required to attach its Transmission Media to facilities owned and maintained by any person or entity authorized by the City or to permit the transmission media of any person or entity authorized by the City to be attached to the I Facilities owned and maintained by the Telephone Compary upon reasonable, non-discriminatory terms in a separate, non- contingent agreement which shall include reasonable compensation. The Telephone Company may require any such person or entity to furnish evidence of adequate insurance covering the Telephone i Company and adequate bonds covering the performance of the person or entity attaching to tv.e Telephone Ccmpany's Facilities as a condition precedent to granting permission to any such person or entity to attach transmission media to Telephone Company's 16 - 1018361533 1q D ,;L Facilities; provided Telephone Company's requirements for such insurance shall be reasonable and at least in an amount to meet minimum City requirements, as determined by the City. (j) Nothing contained in this Ordinance shall obligate or restrict the Telephone Company in exercising its rights voluntarily to enter into pole attachment, pole usage, joint ownership or other wire space or facilities agreements with light and/or power companies or with other companies utilizing wire transmission of services which are authorized to operate within the City. Further, nothing contained in this Ordinance shall preempt any pole attachment agreement between the City and Telephone :ompany wherein Telephone Company or City agrees to pay the other a fee to place its facilities on a utility pole owned by the other. AxcrWN S. RIMTS-07-WAY TO 8= RXSTORm TO GOOD CONDITIOW ~ (a) The Telephone Company shall restore the surface of any and all Rights-of-Way within the City disturbed by the Telephone Company in building, constructing, renewing, or maintaining its Facilities or Transmission Media within a reasonable time after completion of the work to at least as good a condition as before 1 commencement of the work and in compliance with the applicable provisions of the Code of Ordinances of the City and shall further maintain the work to the satisfaction of the City's 17 - ia3aseisu F governing body, or of any City official to whom such duties have been or may be delegated, for a period of one (1) year following completion of the restoration, after which time responsibility for the maintenance shall revert to the City. During that one (1) year period, the Telephone Company shall be responsible for all maintenance costs incurred as a result of any defects, impairments or substandard condition in the Rights-of-Way caused by the construction, maintenance or restoration work of the Telephone Company. The Telephone Company shall comply with all reasonable rules and regulations of the City relative to street excavations, and permits therefor; provided that Telephone Company shall not be required to pay any fees required by such rules, regulations and permits. No such Rights-of-Way shall encumbered for a longer period than shall be necessary to execute the work. (b) The Telephone Company shall submit, in a format prescribed by City and reasonably related to the purpose here stated, information describing the general nature, location, and estimated duration of any activity which will result in the disturbance of any Rights-of-Way. The Telephone Company shall i not be required-to divulge proprietary information in such submission. Proprietary information may include, but is not limited to, type and size'of Facility and sub-routes onto private property. This information shall be submitted prior to the - 1 8 - IQif 9625!] T S~ F i activity except in the case of emergencies, in which case the information shall be submitted as soon as practical. This information requirement shall not apply to the Telephone ' Company's installation of service wires serving a single -aidence or business. When the Telephone Company shall make or cause to be made excavations, or shall place obstructions in any street, alley, highway, public thoroughfare, public utility easement or public way, the Telephone Company shall protect the public by barriers and lights placed, erected and maintained by the Telephone Company. SECTIQN 6• TIMORARY RZIOVAL OT AsRIAL wiRSs The Telephone Company on th.. request of any person shall remove or raise or lower its wires within the City temporarily to permit the moving of houses or other bulky structures. The expense of such temporary removal, raising or lowering of wires shall be paid by the benefitted party or parties, and the Telephone Company may require such payment in advance. The Telephone Company shall be given not less than forty-eight (48) hours advance notice to a,range for such temporary wire changes. The clearance of wires above ground shall conform to the basic standards of the National Electrical Safety Code, National Bureau of Standards, United States Department of Commerce, as promulgated at the time of erection thereof. 19 101996173] F ..1 SECTION 7. TRSS TRImaNG In the pursuit of maintaining its telecommunications system, the Telephone Company, its contractors, agents, successors and assigns shall have the right to trim trees upon and overhanging the Rights-of-Way within the City, so as to prevent the branches of such trees from coming in contact with the wires, cables, or other Facilities of the Telephone Company. SECTION A. COMPUBATION TO THS CITY (a) As compensation for the Telephone Company's use and occupancy of the Cityts Rights-of-Way and for the City's oversight, regulation and supervision of such use and occupancy, in consideration for all other agreements and promises made her,:in by the City and in lieu of and in full compensation for ?ay lawful tax, license, charge, right-of-way permit fee or inspection fee, whether charged to the Telephone Company or it contractor(s), or any right-of-way easement or street or alley rental or corporate franchise tax or other character of charge for the use and occupancy of the Right-of-way within the City, except the usual general ad valorem taxes and special assessments in accordance with State law, and sales taxes now or hereafter levied by the City and in accordance with State law, the City hereby imposes upon the Telephone Company and the Telephone Company agrees to pay a fee upon each Access Line ("Access Ling Fee"), which shall be assessed monthly upon all Access Lines in 20 - 1011961!)7 p F the City and which shall be paid quarterly as described in Section 9(b) herein, The Access Line Fee shall be $ 1.42 per month (for a total of $17.00 for such twelve month period) for each residential Access Line, and $ 2.00 per month (for a total of $ 24.00 for such twelve month period) for each business Access Line. The Access Line Fee will be prorated based upon the number of days during the billing month the customer has service. (b) The amount paid to the City will equal the aggregate amount of Access Line Fees assessed to the Telephone Co"any according to the method described above through the end of each calendar quarter.. The payment due dates shall be February 28, May 31, August 31, and November 30 of each Contract Year this Ordinance remains in effect. The first payment under this Ordinance shall be due on May 31, 1997. (c) If the Ordinance is mutually extended in writing for an additional five years, the Access Line fee will be increased by three (3) percent per year above the prior year's Access Line fee on each anniversary of the effective date. Except as otherwise provided herein, the City waives any right to audit or otherwise review any Telephone C*Wany records. (d) The Telephone Coaspany and the City agree that the accuracy of the Access Line count is important to both parties. To satisfy any audit responsibilities the City may have, the 2 1 :o:e9eis~s r ro^ i Telephone Company agrees to provide the City a reconciliation report of Access Lines and a Customer Service Address List, which report and list shall be in a format and in sufficient detail to enable the City to verify the accuracy of the calculation of the Access Line count and type of local access service (e.g „ single party residence line, ISDN line or PABX trunk) provided to customers located in the city. The parties agree to limit Telephone Company's responsibility to produce such reports to two occasions during the term of this Ordinance. One such occasion shall occur during the third year of the Ordinance. City reserves the right to determine the other occasion for which such information shall be made available by Telephon* Company for inspection. City agrees to provide reasonable notice beforehand of each such request for inspection. The parties contemplate that reports produced by Telephone Company will be as of September 30th of the year in which inspection is requested. The Telephone Company will provide a report containing a summary of residence and business Access Lines within the City and the gross amount of Access Line Fees billed customers with each quarterly remittance. The report shall include the number of Access Lines as of the end of each month in the calendar quarter being reported, as subh data is maintained in Telephone Company's REVUNIT database, or any successor database. The Customer Service Address List shall not include any customer names or telephone numbers. If the City becomes aware of information that I 22 - icteebi»3 4 C T affects the accuracy of such List, City shall promptly inform the Telephone Company, and Telephone Company shall review such information and, on verification, correct the Customer Service Address List, and Access Line count. City accepts and agrees that the Customer Service Address List and Access Line count are proprietary and the exclusive property of the Telephone Company, and agrees to return both the Customer Service Address List and Access Line count report, and any data copied or taken therefrom in any form, to the Telephone Company within sixty days of its receipt of such List or report, unless such time is extended-by the written agreement of the parties. As the Customer Service Address List is the exclusive property of the Telephone Company, the City agrees not to release any information contained in that List to anyone unless ordered to do so by a court of competent jurisdiction. (e) The compensation provided for herein constitutes reasonable compensation for the consideration granted to the Telephone Company herein. (f) Payment of the "Annual Fee" shall not relieve the Telephone Company from paying all applicable municipally-owned utility service charges, ad valorem and sales taxes adopted by the city. 23 iG179615)7 s G F (g) In the event that either (1) territory within the boundaries of the City shall be disannexed and a new incorporated municipality created which includes such territory or (2) territory shall be consolidated or annexed into the City, then notwithstanding any other provision of this Ordinance, the Annual Fee shall be adjusted, effective on the effective date of the annexation. To accomplish this adjustment, within sixty (60) days following the action effecting a disannexation/annexation as described above, the City shall provide the Telephone Company with maps of the affected area(s) showing the new boundaries of the City. If the City fails to timely provide the maps of the affected areas, then the fees from such additional Access Lines will not become payable to City until sixty (60) days after receipt by TsLXPAONX COMPANY of such maps from the City. (h) In the event of an annexation or disannexation as described above, the Annual Fee paid to the City will be adjusted based on the City's gain or loss of Access Lines using the same methodology prescribed in section 9(a) above. The effective date of the adjustment shall be the same as the effective date of the annexation/disannexation action by the City, provided that the City has supplied the appropriate annexation/disannexation maps to the Telephone Company in accordance with tre provisions herein. The City agrees to reimburse the Telephone Company for any portion of any Annual Fee that may have been paid to the city 101335157) 24 r s I F Y after the effective date of a disannexation but prior to the receipt by Telephone Company from City of notice of such disannexation. (i) In the event a regulatory agency of the State, or court if competent jurisdiction finds that the Access Line fee compensation methodology contained in section 9(a) of this ordinance is invalid or unenforceable, then for the remainder of the term of this ordinance or until such time as the parties agree to another compensation methodology, whichever occurs first, Telephone company agrees to pay annual compensation under this ordinance to City in an amount equal to the total of the previous four quarterly payments, such compensation to be paid in quarterly installments and if necessary prorated from the date of such order of the regulatory agency or ,ourt. SECTION 9. SUCCESSORS An ASSMS The rights, powers, limitations, duties and restrictions herein provided for shall inure to and be binding upon the parties hereto and upon their respective legal and bona fide representatives, successors and assigns. SECTION 10. On= or Ammum T This agreement shall be in full force and effect for the period beginning with the effective date hereof and ending five (5) years after such date. This Ordinance may be extended for an 10169615)7 25 i n 1 tYj Y additional five (5) years if mutually agreed to in writing by both parties and ch extension is approved by the City in accordance with the City's Charter. SECTION 11, FUTQR= CONTINGZNCIEB Notwithstanding anything contained in this ordinance to the contrary, in the event that this Ordinance or any section, sentence, clause, phrase, or part thereof, providing any compensation due the city under this Ordinance, becomes, is held to be, or is declared or determined by judicial, administrative or legislative authority exercising its jurisdiction to be excessive, unrecoverable, unenforceable, void, unconstitutional, unlawful, invalid or otherwise inapplicable, in whole or in part, the Telephone Company and the City shall meet and negotiate in good faith to obtain a new ordinance that is in compliance with the authority's decision or enactment and in which the Telephone Company shall pay to City a reasonable Lu t constitutional and valid compensation. -gPCTTON 12, OOVBRKINO LAM AND Vim. (a) This Ordinance shall be construed in accordance with the law of the State of,Texas and the City Charter and City Ordinances in effect on the date of passage of this Ordinance to the extent that such Charter and Ordinances are not in conflict with or in 2 6 - 1011961513 v E violation of the Constitution and laws of the United States or if the State of Texas. (b) Venue for any dispute arising under this Agreement shall be in Denton County, Texas. (c) This Ordinance shall be construed and deemed to have been negotiated at arms length and drafted by the combined efforts of the City and the Telephone Company. SECTION 13. DISPUTE RESOLUTION (a) Notwithstanding any other provision of this Ordinance, the Parties hereto agree that any claim, cause of action or other dispute based upon or arising out of this Ordinance (a "dispute") shall be conducted, decided, determined and/or resolved pursuant to and in accordance with the provisions of this Section. The parties desire to resolve disputes arising out of this Ordinance without litigation. Accordingly, in the event of any dispute hereunder, the Parties hereto agree to attempt in good faith to resolve their dispute between themselves. Within ter. (10) days after receipt of the written request of a party, each party will appoint a knowledgeable, responsible representative or representatives to meet and negotiate in good faith to resolve any dispute arising under this Ordinance. The parties' representatives will meet within ten (10) days after the appointment of such representatives and negotiate in good faith to resolve any such dispute. - 2 7 - iaieoeis v S f m to W Except for action seeking a temporary restraining order or injunction related to the purposes of this Ordinance, or suit to compel compliance with this dispute resolution process, the parties ::agree to use the following alternative dispute resolution procedure, and also agree not to sue any party to this Ordinance with respect to controversy or claim arising out of or relating to this Ordinance or its breach prior to exhausting the procedures set out in this section. (c) If the parties are unable to settle their dispute at the meeting of representatives provided for in subsection (a), either party may, on written notice to the other party, initiate non- binding mediation of the dispute before a single.mediator affiliated with Judicial Arbitration and Mediation Services, Inc. (JAMS) or another mediation service mutually agreeable to the parties. Mediation is a forum in which an impartial person, the mediator, facilitate communication between the Parties to promote reconciliation, settlement, or understanding among them. A mediator may not impose his own judgment on the issues for that of the parties. Unless expressly authorized by the parties, the mediator may not disclose to either party information given in confidence by the other and shall at all times maintain confidentiality with respect to comrunications relating to the subject matter of the dispute. Unless the parties agree otherwise, all matters, including the conduct and demeanor of the parties and the:r counsel'during mediation, are confidential and shall be inadmissible as settlement discussion pursuant to Rule 2 t io:a9us» ti F IF 408 of the Federal Rules of Evidence or the applicable state rules. The mediator shall be selected by agreement of the parties within thirty (30) days after either party first requests mediation of the other. If a single mediator cannot be agreed upon, then each party shall select its own mediator from those on the JAMS approved list; those two mediators will then select a third independent mediator who will conduct the mediation session(s). The mediators fees will be borne equally by both parties. In the event mediation is requested, any applicable statutae of limitations shall be automatically tolled until the mediator declares an impasse. if either party desires to request the production of information for its use in the mediation, it shall deliver such request to the other party within five (5) days of the selection of the mediator. Any objection to such production shall be delivered to the mediator and the requesting party within five days of receipt, of the request, and the mediator shall issue an opinion within five (5) days of such { objection, as to whether the information is relevant to the issues presented for mediation and should be produced. If either party refuses to proceed with the mediation in accordance with the ruling of the mediator, the mediation shall be deemed to be at impasse, and the parties may then resort to any other i avafiable recourse. in the event mediation occurs but fails to resolve the dispute, the parties may then resort to means outside the scope of this Section including filing suit. 29 101E Y53537 yS M if. J'tf Ik 4 F (d) Neither the City nor the Telephone Company by accepting this ordinance waives its right to seek all appropriate legal and equitable remedies as allowed by law upon violation of the terms of this Ordinance by the other party, including seeking injunctive rel-Jef in a court of competent jurisdiction. Such right to seek injunctive relief is expressly reserved and all terms and provisions hereof shall be enforceable through injunctive relief. SRQTjQb 14 • c)OVXRNM TAL 130fVN=TY. All of the regulations provided in this ordinance are hereby declared to be for a public purpose and the health, safety, and welfare of the general public. Any member of the governing body or City official or employee charged with the enforcement of this Ordinance, acting fox the Cizy in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all personal liability for any damage that might accrue to persons or property as a result of any art required or permitted in the discharge of his said duties. SECTION 15. GAlANTIM PON (a) The City continuer) to take the position that the city has the power to grant or deny consent to the Telephone Company's occupancy and use of the Rights-Of-Way within the City. The Telephone Company continues to take the position that Federal law 30 - ioieaejs>> S k ti F and Texas law co not permit the City to deny consent to the I~ Telephone Co®pany to occupy and use such Rights-Of-Way. Both the City and the Telephone company agree that tI•eir actions in entering this agreement by ordinance shall not in any way be a waiver of either party's position as stated herein. (b) Nothing in this section affects the authority of the City to manage the public Rights-Of-Way or to require a fair and reasonable compensation from all telecommunications providers, o:i a competitively neutral and nondiscriminatory basis, and the. compensation will be publicly diuclosed by the City. SECTION 16. REPEAL OF CONFLICTING PROVISIONS All other ordinances and agreements and parts Of agreements and ordinances in conflict with the provisions of this Ordinance are hereby repealed to ti+e extent of such inconsistency. SECTION 17. NOTICE For any purposes related to this ordinance, notice to the City shall be to: Office of City Manager/secretary City of Denton 215 E. McKinney Denton, TX. 76201 Notice to the Telephone Company shall be to: 31 - 101999:577 s i Associate General Counsel GTE Southwest Incorporated P.O. Box 152013 Irving, TX 75062 Notice will be effective upon delivery at the above addresses until the City or the Telephone CmWany notifies the other, in writing, of a change of address. SZG`LM 18. PARTIAL INVALIDITY AND RXPZAL PROVISIONS If any section, sentence, clause or phrase in this ordinance is for any reason held to be illegal, ultra vires, unconstitutional, void, or unenforceable such invalidity shall not affect the validity of the remaining portions, it being the intent of the City in adopting this Ordinance and the Telephone Company in accepting and agreeing to it that no portion hereof or provision hereof shall be inoperative or fail by reason of any unconstitutionality or invalidity or any other portion, provision, or regulation, and to this ~!nd, all provisions of this ordinance are declared to be severable. This ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City, and this ordinance shall not operate to repeal or affect any of such other ordinances except i,.isofas- as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which event such conflicting provisions, if any, in such other ordinance or ordinances are hereby repealed to the extent of such inconsistency. All ordinances and agreements and parts of ordinances and agreements in conflict herewith are hereby repealed to the extent of such 32 - 191!!!1S]] F t, inconsistency. Provided all other ordinances, rules, regulations, and agreements which are not in conflict with this Ordinance and which in any manner relate to the regulation of the City streets, alleys, and public places or the business of the Telephone Company shall remain in full force and effect. SECTION 19. SFFSCTIVS DATE AND ACCSPTANCS OF AdRIZKZMT The Telephone Company shall have sixty (60) days from and after the passage and approval of this Ordinance to file its written acceptance thereof with the City Secretary. Upon such filing, this Ordinance shall take effect and the effective date of this Ordinance shall be January 1, 1997, and it shall-be in force from and after such date, and shall effectuate and make binding the agreement provided by the terms hereof. All costs of any publication required by law shall be at the expense of the Telephone Company in addition to otner charges provided for herein. SECTION 20, Tv"IFSR OR A98IGNMIT This Ordinance shall not be transferred or assigned by the Telephone Company except with the approval of the governing body of the City expressed by ordinance and subject to all terms of such ordinance, which shall not be unreasonably withheld. 33 - sote9sis» f `t ARC!TTON 21. OPZW XXXTZNO it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. PASSED and APPROVED by the City Council of the City of Denton, Texas, this day of A.D. 19 MAYOR ATTEST: City Secretary APPROVED AS TO FORM: c~ 6 ity Attorney The City, acting herein by its duly constituted authorities, hereby declares the foregoing Ordinance passed on first reading 34 - :oasns» r d and finally effective (if a general law city) as of this day of 19 MAYOR Council Member Council Member Council Member Council Member Council Member Council Member The above and foregoing ordinance read, adopted on first reading and passed to second reading by the following votes, this the srh day of November 19_9at a regular session of the City Council. 1 JACK MILLER Mayor, voting AYE JERRY COTT Council Member, voting AYE EULINE BROCK Council Member, voting _ AYE DAVID BILES Council Member, voting AYE CARL YOUNG Council Member, voting AYE RONI BEASLEY Council Member, voting AYE JEFF KRUEGER Council Member, voting AYE The above and foregoing ordinance read, adopted on second reading and passed to third reading by the following votes, this the 35 - 1011HIe» x, day of 19 , at a regular session of the City Council. Mayor, voting Council Member, voting Council Member, voting Council Member, voting Council member, voting Council Member, voting Council Member, voting The above and foregoing ordinance read, adopted on third reading and passed by the following votes, this the day of 19 , at a regular session of the City Council: Mayor, voting _ Council Member, voting Council Member, voting _ Council Member, voting Council Member, voting Council Member, voting Council Member, voting _ STATE OF TEXAS S S COUNTY OF DENTON g I' City Secretary of the City of Denton, Texas, do hereby certify that the above and foregoing is a true and correct copy of the right- of-way rental agreement between the City of Denton, Texas, and GTE Southwest Incorporated as indicated herein. The same is now 36 - ioie3eieu recorded in Volume Page of the ordinance Records of the City of Denton, Texas. WITNESS MY HAND this the day of A.D. 29 City Secretary {Seal} - iote3sss» - 37 1 ACCF-PTANrP WHEREAS, the City Council of the City of Denton, Texas, did on the day of 19 , enact an Ordinance entitled: AN ORDINANCE WHEREBY THE CITY OF DENTON, TEXAS, AND GTE SOUTHWEST INCORPORATED AGREE THAT, FOR rHE PURPOSE OF OPERATING ITS TELECOMMUNICATIONS BUSINESS, THE TELEPHONE C0XPANY SHALL CONSTRUCT, ERECT, BUILD, EQUIP, OWN0 MAINTAIN AND OPERATE IN, ALONG, UNDER, OVER AND ACROSS, THE STREETS, AVENUES, ALLEYS, BRIDGES, VIADUCTS, AND PUBLIC GROUNDS OF THE CITY, SUCH POSTS, POLES, WIRES, CABLES, CONDUITS AND OTHER APPLIANCES, STRUCTURES AND FIXTURES NECESSARY OR CONVENIENT FOR RENDITION OF TELECOMMUNICATIONS SERVICES IN SAID CITY AND FOR CONDUCTING A GENERAL LOCAL AND LANG-DISTANCE TELEPHONE BUSINESS; PRESCRIZII•,J THE CONDITIONS GOVERNING THE USE OF PUBLIC RI(;RTS-OF-WAY FOR THE TELEPHONE COMPANY'S TELECOMMUNICATIONS BUSINESS] PRESCRIBING THE QUARTERLY COMPENSATION DUE THE CITY UNDER THIS ORDINANCE; PROVIDING THE RIGHT OF THE CITY TO USE CERTAIN FACILITIES OF THE TZLEVZONZ COMPANY; SPECIFYING GOVERNING LAWS] PROVIDING FOR ASSIGNMENT] PRESCRIBING THE TERM AND EFFECTIVE DATE OF SAID AGREEMENT; PROVIDING FOR NOTICE] PROVIDING FOR BINDING EFFECT; PROVIDING THAT THE ORDINANCE BE CUMULATIVE; PROVIDING FOR GOVERNMENTAL IMMUNITY; PROVIDING FOR CONSENT AND ACCEPTANCE; PROVIDING FOR SEVERABILITY; PROVIDING FOR CHOICE OF LAW AND VENUE; PROVIDING FOR FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR FUTURE CONTINGENCIES; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR RELEASE OF ALL CLAIMS UNDER PRIOR ORDINANCES; PROVIDING FOR ALTZRNATE DISPUTE RESOLUTION; AND PROVIDING FOR METHOD OF ACCEPTANCE; and WHEREAS, said Ordinance was on tht day of 1996, duly arprove3'Sy-the Mayor of said C ty and t e sea of. said City was thereto affixed and attested by the City Secretary] NOW THEREFORE, , GTE Southwest Incorporated hereby in all respects accepts approv9s, and agrees to said Ordinance, and same shall constitute and, be a binding contractual obligation of GTE Southwest, Inc. and of the City without waiver of any other remedy by GTE Southwest, Inc. or the City and files this its 3g ' :01A961577 yS Y F written acceptance with the City Secretary of the City of Denton, Texas, in his office. ! Dated this day of A.D. 19 GTE SOUTHWEST INCORPORATED ' By: ATTEST: Assistant Secretary Acceptance filed in the office of the City Secretary of Denton, Texas, this day of A.D. 19 City Secretary 39 2 :o:nusee r 4 f F t Agenda Nu,,_% Agenda Item _t Data - November 19, 1996 CITY COUNCIL AGENDA ITEM TO: MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: TED BENAVIDES, CITY MANAGER SUBJECT: FIRST AMMENDMENT TO CONTRACT FOR LLOYD, GOSSELINK FOR PROFESSIONAL LEGAL SERVICES RECOMMENDATION: Staff recommends approval of the first amendment to the Lloyd, Gosselink contract in the amount of $50,000. BACKGROUND: In March of this year, the City of Denton hired Lloyd, Gosselink to represent it before the Public Utility Commission (PUC). This initial contract, totaling $25,000, provided legal services for issues concerning transmission related rulemaking and any representation necessary for filing Denton's Transmission Cost of Service (TCOS) document. This contract did not contemplate any contested hearing work. Denton had to conduct extensive negotiations with the PUC to maintain an adequate rate of return for the utility. In addition, Texas Utilities, one of the intervenors in our case, has refused to accept the negotiated settlement agreed to by all other parties, including the PUC. (TU still maintains that .42% is the appropriate rate of return for Denton!) Consequently, Denton is now in a contested case situation. (The City of Denton's hearing was October 29, 1906. A decision from the PUC is expected by Mid-December.) Lloyd, Gosselink has had to invest more time than contemplated by the original contract because of the controversial rats of return issue. In addition to the above work completed by Lloyd, Gosselink, the PUC has opened a new docket (Docket No. 15840: Regional Transmission Proceeding to Establish Postage Stamp Rate Statewide Load Flow Pursuant to Section 23.67). This docket has become extremely complicated. The purpose is to determine how to, first, technically calculate the postage stamp rate and, secondly, logistically determine how and who bills for what. This docket requires extensive coordination among the four TMPA cities and TMPA to determine items such as load pairings. Though this involves very technical issues, these issues must be translated into legal filings with the PUC. For instance, some of the issues Denton and the 3 J other cities are nuw grappling with are pro forma tariff language for ancillary services, briefing schedules for allocation of costs of transmission service among transmission customers, terms and conditions of ancillary services, procedures for payments for planned transmission service, treatment of wheeling revenues, who will be responsible for arranging and paying for ancillary services, and what generating units will be included in embedded cost prices for ancillary services. Docket No. 15840 was not contemplated in the original contract. Theoretically, rulemaking and PUC dockets should diminish during the next legislative session. However, some of the deadlines in the rules have already been postponed from the end of this year to the spring of next year. These postponements are due in large measure to the unanticipated complexity of crafting a postage stamp rate and the resulting briefing schedules. Staff recommends that the contract address all PUC related work through May 1997 (the end of the legislative session). Eased on legal expenses over the last five months, staff believes an amendment for $50,000 will be necessary to cover this work. The Public Utilities Board recommended approval of the ammendment at its October 21, 1996 meeting. PROGRAAIS, GROUPS, OR ORGANIZATIONS AFFECTED: This legal representation affects the Electric Utility Department directly. Customers are also secondarily impacted based on the results of this representation. Furthermore, General Government will also be affected by PUC decisions concerning Denton's utility. FISCAL IMPACT: The first amendment to the contract totals $50,000, to be paid by the Electric Utility. Respectfully submitted: Ted Benavides CIty Manager Prepared By: R. E. Nelson Executive Director of Utilities z • S F e:\wpd0ce\0rd\11oyd.7 ORDINANCE NO. AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF DENTON AND LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS; AUTHORIZING THE EXPENDITURE OF FUNDS AS PROVIDED IN THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE. THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the City Manager is authorized to execute the First Amendment to a Professional Services Agreement between the City of Denton and Lloyd, Gosselink, Fowler, Blevins and Mathews, substantially in the form of the attached agreement which is made a part of this ordinance for all purposes. SECTION II. That the City Manager is hereby authorized to make expenditures as may be required under the Agreement. SECTION III. That this ordinance shall become effective immed- iately 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. ~PPROUTYY,, CITY ATTORNEY BY: 3 b r' FIRST AKMXZNT TO EXPLOYIU.NT CONTRACT FOR PROFESSIONAL LEGAL SERVICES BETWEEN THE CITY OF DENTON, TEXAS AND LLOYD, GOSSELINR, FOWLER, BLEVINS AND MATHEWS STATE OF TEXAS 5 COUNTY OF D£NTON 5 This First Amendment to that certain Agreement made and entered into the day of July, 1996 by and between Lloyd, Goaeelirk, Fowler, Blevins and Mathews, P.C., a Texas professional corporation (hereinafter referred to as "Consultant"), with Lambeth Townsend having full authority to execute this Agreement on behalf of Consultant, 111 Congress Avenue, Suite 1800, Austin, Texas 78701 and the City of Denton, Texas, a Texas municipal corporation (hereinafter referred to as "City"), 215 East McKinney, Denton, Texas 76201, and said Agreement hereinafter being referred to as "Base Agreement". WITNESSETHt WHEREAS, the City and Consultant need co amend the Base Agree- ment to provide for additional compensation for cervices performed and to place conditions on the payment of additional compensation; NOW, THEREFORE, in consideration of the promises and mutual obligations herein, the parties hereto do mutually agree as follows: I. That Section III.A. of the Base Agreement is hereby amended to read as follows: A. The Consultant shall charge the following fees for its profes- sional services hereunder, based on the following hourly rates for the attorneys and support staff involved in this matter: Hourly Estimated staff Rate Hours Lambeth Townsend 180.00 Law clerk 75,90 Paralegal 75.00 Consultant agrees that all charges for the services hereunder, including expenses, will not exceed $75,000. Consultant understands that the $750000 not to exceed limit is an agreed upon absolute limitation on the maximum compensation for services herein. Consultant agrees to provide and manage the ZB'd ddIIZO 96-IC-BI BL 1899;119 1 '0" Xtf! IYOtl ltin N01N30 tuotld D F j delivery of its services to assure that its billings will not exceed this maximum compensation limit including, without limitation, utilizing members of the professional staff of the City's Utilities Department and the City Attorney's office to attend hearings before the Public Utility Commission and other agencies, to draft documents, and to perform other tasks required hereunder when appropriate to reduce the overall ' charges of Consultant and to assure that Consultant's total charges hereunder will fall within the not to exceed limit. II. That save and except as amended hereby, the remaining sections, subsections, sentences, paragraphs, and phrases of the Base Agreement shall remain in full force and effect. IN WITNESS HEREOF, the City of Denton, Texas has caused this Agreement to be executed by its duly authorized City Manager and Consultant has executed this Agreement through its duly authorized officer, dated the day of , 1996. CITY OF DENTON, TEXAS BY: TED BENAVIDES0 CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: LLOYD, GOSSELINK, FOWLER, BLEVINS AND MATHEWS BY: 1:\%PD0C9\k\LL4YD-00.AM9 J ti ' F r Abend Nd, Agenda Item a3 5 ".0 Date - O DATE: November 4, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager ` SUBJECT: ORDINANCE AUTHORIZING THE CITY TO PARTICIPATE IN THE TEXAS LOCAL GOVERNMENT INVESTMENT COOPERATIVE (TEXPOOL) RECOMMENDATION: Staff recommends that the City Council approve an ordinance (See Attachment "A") and a revised Participation Agreement authorizing the City to participate in the Texas Local Government Investment Cooperative (Texpool). SUMMARY; The City of Denton became a member of Texpool during the winter of 1991. Since that time, Texpool has been an important part of our investment strategy. On September 1, 1996, the State Treasury was merged with the Comptroller of Public Accounts. As a result of the merger and recent amendments to the Public Funds Investment Act, Texpool has updated its Participation Agreement. Attachment "B" contains a summary of the revisions to the agreement and Attachment "C" contains the Texpool Operating Procedures. To ensure our continued participation in Texpool, we must return the signed agreement by November 20, 1996. All current agreements will expire on that date. In addition to improving the efficiencies at Texpool, the Comptroller intends to explore other options that could provide savings to participants. Some of the proposals he is considering include. keeping Texpool as is; hiring a private investment company to manage the fund; or perhaps allowing a private investment company to assume control of all operations of Texpool at some point in the future. 00 n a 4r PROGRAMS DEPARTMENTS OR GROUPS AFFECTED: Any department with investable funds will be affected by this recommendation. FISCAL IMPACT: There is no fiscal cost associated with the approval of this ordinance and participation agreement. Respectfully submitted: Ted Benavides City Manager Fhepared by: ar an . e Director of F' Operations approved by: s 4c~~ Kathy Executive Director of Finance AF W 1348 01 4 F Attachment "A" ORDINANCE 02 V 1 J:\wDOCS\DRD\INVEST.DRD ORDINANCE NO. AN ORDINANCE APPROVING AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A RESOLUTION AUTHORIZING PARTICIPATION OF THE CITY OF DENTON, TEXAS IN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL AND DESIGNATING AUTHORIZED REPRESENTATIVES; AND AUTHORIZING THE MAYOR OF THE CITY OF DENTON, TEXAS TO EXECUTE A REVISED PARTICIPATION AGREEMENT BETWEEN THE TEXAS LOCAL GOVERNMENT INVESTMENT POOL AND THE CITY OF DENTON, TEXAS; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, heretofore the City of Denton, Texas has participated in the Texas Local Government Investment Pool ("TexPool"), in order to invest funds in investments that provide for the preservation and safety of principal, liquidity and yield consistent with the Public Funds Investment Act; and WHEREAS, the TexPool Participation Agreement has been revised to reflect current statutory references resulting from recent amendments to the Public Funds Investment Act and the constitution- al amendment which abolished the office of the State Treasurer, and transferred the Treasurer's duties and responsibilities to the Comptroller of Public Accounts, effective September 1,1996; and WHEREAS, the detailed operating procedures defining authorized investments, and deposit and withdrawal procedures by wire transfer have been removed from the former Participation Agreement and are documented separately as "Operating Procedures" which will accompany the revised Participation Agreement; thus allowing for future revisions of the procedures, when appropriate, without the necessity of having to amend the Participation Agreement itself; and WHEREAS, the Comptroller of Public Accounts has announced the reduction of management fees payable by TexPool participants; and WHEREAS, in order to comply with the contractual agreements with TexPool, the City is required to pay a management fee to the Comptroller of Public Accounts; and WHEREAS, it is in the best interest of the City of Denton, Texas to invest its local funds in TexPool, and the City desires to continue its participation in TexPool; and WHEREAS, City accordingly desires to approve the revised TexPool Participation Agreement; a Resolution Authorizing Partici- pation in TexPool and Designating Authorized Representatives; as well as a Certificate of Incumbency, as presented to the City Council at the meeting at which this Ordinance is considered; NOW THEREFORE, CU f F I THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS. EE&TIO i. That the Resolution Authorizing Participation in TexPool and Designating Authorized Representatives, a copy of which is attached hereto as Exhibit A and incorporated herein for ali purposes, is hereby approved in substantially the form a,zd content as set forth in Exhibit A; and that Kathy DuBose, lkacutive Director of Finance, Harlan Jefferson, Director of Fiscal opera- tions and Lee Ann Bunselmeyer, Treasury Analyst ara hereby appointed and designated as the three representatives of the city and are each authorized to transmit funds for investment in TexPool, to withdraw funds from time to time, to issue %etters of instruction, and to take all other actions deemed necessary or appropriate for the investment of local funds. SECTION II. That the revised Participation Agreement, a copy of which is attached hereto as Exhibit B and incorporated herein for all purposes, between TexPool and the City, is hereby approved in substantially the form and content as set forth in Exhibit B; and that the Mayor is authorized to execute the same. SECTION iii. That the TexPool Certificate of Incumbency, a copy of which is attached hereto as Exhibit C and incorporated herein for all purposes, is hereby approved in ;libstantially the form and content as set forth in Exhibit C; and t:~,at the Mayor is authorized to execute the same. SECTION IV. That the expenditure of funds as authorized in the revised Participation Agreement is hereby authorized. SECTION V. That this ordinance and its authorizations supersede all prior ordinances and resolutions pertaining to the participation of the City in TexPool. SECTION Vi. 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: 04t APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY sY: s I J O-4 c -t RE LE IV ED: IO-Za. Wp l APO; 5124e30e23 o OENTDN'CITT•AGCTGp l~ k des h+w~rarrlwArAi&ALe4 Resolution AuthorWug Parddpadon in Telpool and DeslailduR Authorised Repromtstives WHERI;A~ The City of Denton Pottid lm") is e logl pvaumma s public fuedr L of of the State of Teau and is empowered to d4*a s to ~ + W ued with Imw urva~ta~ent A~ M and to eat as autodian of WHEREAS, it Is in the bat iataat of the puddpsot to invest Ioai funds io oon:+lav 0°vW"h ~ the~P+ibk F1~inds& Ir ad 2dWY of ~10ap~1, ba uldrt X +~d ykld WHEREAS, the Tex= Local Oovnr uuw rnvutmgm Pool ('TatPool"),a public 1e11 M*M t PEE W" created on b*AWOfeetitiee wboso of o ~+neat~e~ in order Y °t 0'* ' Y, a°d yiald coaaistem wit?,, the Pubk Fuaundsam[ Ad. NOW THBREFORS, be it resolved at follows: A. it$ am ~ M PWd4Woo Agtu mt to aMbNA as amunt is Of vansn" loot Amde for hmetroeot in Todkod a' a That t Om'ncl ldu8k M S*Ah roe appear an pays 2 of thin Rnabatior; are for ioveatmW M"='Om 0(64 PwddP&t md 4m sub in TvdW and am ewb figdw ssutbori:e~to withwthorized draw to tru = t km to time, to imm taffeta of in burden, Hut to tote 48 other MdOW tee ed flva»e or appropriate for the iavat=mt of local tlu>d,. awas 1Y or PO.8=12eoe • AEw%M Tarot M I -M 41512) 40MM • FAX (512) J ~I F r' ~ll.l LV lU: 1Y•LL YO; ♦:1YVY; 312403-0620 o DENTON-CITY-ACCTO; 02, ambers. AS amednu leer mad ree ft stWoomb wG M etabd a eM atwaft of do rim pwm IVWCU4 I. Neale Harlan L. Jefferson- Tate Director of Fiscal Operations Signature 2. Name KArhy nugnao Title F.x ivpn1rArtor of Finance I f SignAwe I 3. Name LeeAnn Bunselmeyar Trt1C~VPAC„r_ „Al*at Signature B. That tbb raaoiatioo and in &Wwrkmd m at"vede d prior re oWoom mW sW couti m in Art hm and effid wW smaetded or revolved by the Pwddpaot, sod to W Tedlooi rooeivaa a oM of my PA wmdmaat or revoeedom This remlu m a b ueby Mo6oad and adopted by the Putt m"W d its regulu/special muting held oa the day .19 NAMBOFPARTICIPANf City of Denton BY. Sigrowre Jack Miller Printed Naas i Mayor Tide ATTEST swo wee PrWod Name Tale OMCw. SEAL 07 ra F r' L bar V.b,Ur/1ir M1.r M13 11P1l7 Texas Local Government Investment Pool Participation Agreement PREAMBLE This participation agreement (the "Agreement") is made and entered into by and between the Comptrol- ler of Public Accounts (the Comptroller acting by and on behalf of the Texas Treasury Safekeeping Trust Corn any (the Trust Company Trustee of the Texas Local Government Investment Pool (TexPool), and lphe City of Denton (the "Participant"). WHEREAS, the Participant may have been a party to an earlier participation agreement with the Texas State Treasurer (the Treasurer KOREAS, the Treasurers office was abolished on September 1, 1996pursuant toActs 1995, 74th Leg. SIR. No. 1 and the adoption of a constitutional amendment to Article M. 0 1 of the Texas Constitution adopted by the voters on November 7, 1995: WHEREAS, the Participant and the Comptroller desire to enter into this Agreement to replace and supersede any prior participation agreement to properly reflect changes in the Public Funds Investment Act, the abolition of the Treasurer s office and other matters; WHEREAS, the Interlocal Cooperation Act, TEX. GOVT CODE ANN. ch. 791 and TEX. GOVT CODE ANN. ch. 2256 (the "Acts") provide for the creation of public funds investment pools to which any local government may del- egate, by contract, the authority to hold legal title as custodian and to make investments purchased with local investment funds; WHEREAS, the Trust Company is a limited purpose trust company authorized pursuant to TEX. GOV'T CODE ANN. 1404.103 to receive, transfer and disburse money and securities belonging to state agencies and local political subdivisions of the state and for which the Comptroller is the sole officer, director and shareholder, WHEREAS, TexPool is a public funds investment pool, which funds are In rested in certain eligible investments as more fully described haeaftw,, WHEREAS, the Participant has determined that it is authorized under the Acts and other applicable law to enter into this Agreement; and WHEREAS, in an effort to ensure the continued availability of an Investment pool as a vehicle for Investment of local government funds and simultaneously provide for potential enhancement in services and potential decreases in man- agement and administrative fees, Participant and Trust Company desire to provide In this Agreement for the Trust Company to obtain professional private management services and/or a potential assignment of the Trust Company s managerial obligations relative to TexPooi. NOW THEREFORE, for and in consideration of the mutual promises, covenants and agreements herein con- tained, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows: 08 S r ARTICLE 1. DEFINITIONS "Account" shall mean an, account or accounts, including any sub accounts, established by the Participant in TexPool in accordance with this Agreement and the Operating Procedures (as defined herein), which Account represents an undivided beneficial ownership in TexPool. "Authorized Investments" shall mean those investments which are authorized by the Investment Act (as herein defined) for investment of public funds. "Authorised Representative(s) of the Participant" shall mean any individual who is authorized to execute documents and take such other necessary actions under this Agreement as evidenced by the duly enacted Resolution of the Participant. "Authorized Representatlve(s) of the Tr sst Company" shall mean any employee of the Comptroller who is designated in writing by the Comptroller to act as the authorized Trust Company representative for purposes of the Agreement and shall include employees of any private entity performing the obligations of the Comptroller under this Agreement. "Board" shall mean the advisory board provided for in the Investment Act (as defined below). "Investment Act" shall mean the Public Funds Investment Act, TEX. GOVT CODE ANN. ch. 2256, as amended from time to time. "Investment Polley, shall mean the written TexPool Investment Policy, as amended from time to time, relating to the investment and management of funds in TexPool as established by the Trust Company consistent with the Investment Act. "Letter of Instructions" shall mean a written authorization and direction to the Trust Company signed by an Authorized Representative of the Participant. "Operating Procedu reel shall mean the written procedures established by the Trust Company describing the management and operation of TexPool, and providing for the establishment of, deposits to and withdrawals from the Accounts, as amended from time to ti me. "Partklpant" shall mean any entity authorized by the Acts to participate in a public funds investment pool that has ex- ecuted an Agreement pursuant to a Resolution. "Resolution" shall mean the resolution adopted by ile governing body of a local governmental entity authorizing that entity participation In TexPool and designating persons to serve as Authorized Representatives of the Participant. ARTICLE H. GENERAL ADMINISTRATION Section 2.01. T"Yool Defined. (a) TexPool Is a public funds Investment pool created pursuant to the Acts. (b) Subject to Section 6. 10, the Trust Company agrees to manage the Participant's Account in accordance with the Investment Act and the Investment Policy. Section 2.02. Board. (a) The Board is composed of members appointed pursuant to the requirements of the Investment Act. (b) The Board shall advise the Trust Company on the Investment Policy and on various other matters affecting TexPool, and shall approve fee Increases. I f i Section 243. General Administration. (a) The Trust Company shall establish and maintain the Investment policy specifically identifying the Authorized Investments consistent with the Investment Act and the general policy and investment goals for TexPool. (b) The Trust Company shall establish and maintain the Operating Procedures, describing the management and operation of TexPool and providing for procedures to be followed for the establishment of, deposits to, and withdrawals from the Accounts and such other matters as are necessary to carry out the intent of this Agree- ment (c) The Trust Company shall have the power to take any action necessary to carry out the purposes of this Agree- s meet, subject to applicable law and the terms of the Agreement. Section 104, Ownership Interest Each Participant shall own an undivided beneficial interest in the assets of TexPool is an amount proportional to the total amount of such Participant's Accounts relative to the total amount of all Participants' Accou nts in TexPool, computed on a daily basis. Section 2.05 Independent Audit. TexPooZ is subject to annual review by an independent auditor consistent with the Investment Act. In addition, reviews of TexPool are required to be conducted by the State Auditor's Office and by the Internal Auditor of the Comptroller s Office. The Trust Company may obtain such legal, accounting, financial or other professional services as it deems necessary or appropriate to assist TexPool in mating its goals and objectives. Section 106. Liability. Any liability of the Comptroller, the Comptroller's Office, the Trust Company, represen- tatives or agents of the Trust Company, any Comptroller employee, or any member of the Hoard for any Ions, damage or claim, including losses from investments and tramfen to the Participant shall be limited to the full extent allowed by applicable laws. The Trust Company's responsibilities hereunder are limited to the management and investment of T"Pool and the providing of reports and information herein inquired. ARTICLE UL PARTICEPATION REQUMEMENTS Section 3.01. The Participation Agreement The Participant must execute this Agreement and provide a Resolu- tion authorizing participation in TexPool and designating persons to serve as Authorized Representatives of the Participant and any other documents as are required under, and substantial ly in the form prescribed by, the Operating Procedures before depositing any funds into TexPool. Seedon 3.02. Operating Procedures. (a) The Participant acknowledges receipt of a copy of the Operating Procedures. The Operating Procedures describe in detail the procedures required for the establishment of accounts, deposits to and withdrawals from TexPool, and related information. (b) The Operating Procedures may be modified by the Trust Company as appropriate to remain consistent with established banking practices and capabilities and when such modification is deemed necessary to improve the operation of TexPool. (c) The Participant hereby concurs with and agrees to abide by the Operating Procedures. ARTICLE IV. - 1NVE3TMENTS Section 4.01. Investments. All monies held in TexPool shall be invested and reinvested by the Trust Company or Authorized Representatives of the Trust Company only in Authorized Investments in accordance with the Agreement, the Investment Policy and the Investment Act. Participant hereby concurs with any such investment so made by the Trust r f Company. TexPool's available funds that are uninvested may be held at the Trust Company's account at the Federal Reserve Bank of Dallas or any designated custodian account. All investment assets and collateral will be in the possession of the Trust Company and held in its book-entry safekeeping account at the Federal Reserve Bank or any designated custodian account Section 4.02. Failed Investment Transactions. In the extraordinary event that a purchase of securities results in a failed settlement, any resulting uninvested funds shall remain in the Trust Company's Federal Reserve Bank of Dallas account or any designated custodian account. If an alternative investment can be secured after the failure of the trade to settle, TexPool will receive all the income earnings, including but not limited to, any compensation from the purchaser failing in the trade and the interest income from the alternative investment. Section 4.03. Investment Earnings and Losses Allocation. All interest earnings in TexPool will be valued daily 1 and credited to the Participant's Accounts monthly, on a pro rata allocation basis. All losses, if any, resulting from the investment of monies in TexPool shall also be allocated on a pro rata allocation basis. All earnings and losses will be allocated to the Participants Accounts in accordance with generally accepted accounting procedures. Section 4.04. Commingling of Accounts. Participant agrees that monies deposited in TexPool may be com- mingled with all other monies held in TexPool for purposes of common investment and operational efficiency. However, each Participant will have separate Accounts on the books and records of TexPool, as further provided for in the Operating Procedures. ARTICLE V. FEES, EXPENSES AND REPORTS Section 5.01. Fees and Expenses. The Participant agrees to pay the amount set forth in the fee schedule. Partici- pant agrees that all fees shall be directly and automatically assessed and charged against the Participant's Accounts. The basic service fee shall be calculated as a reduction in the daily income earned, thus only the net income shall be credited to the Participant's Account Fees for special services shall be charged to each Participant's account as they are Incurred or performed. A schedule of fees shall be provided to the Participant annually. Ewh Participant will be notified thirty (30) days prior to the effective date of any change in the fee schedules. Section 5.02. Reports. The Participant shall be provided a monthly statement within the first five (5) business days of the succeeding month. The monthly statement shall include a detailed listing of the balance in the Participant's Accounts as of the date of the statement; all account activity, including deposits and withdrawals; the daily and monthly yield information; and any special fees and expenses charged. Additionally, copies of the Participant's reports in physical or computer form will be maintained for a min bnuat of three prior fiscal years. All records shall be available for inspection at all reasonable hours of the business day and under reasonable conditions. Section 5.03. Confidentiality. The Trust Company and any private entity acting on behalf of the Trust Company for purposes of this Agreement will maintain the confidentiality of the Participant's Accounts, subject to the Public Infor- mation Act, TEX. GOVT CODE ANN. ch. 552, as amended. 11 } 1 i l Y ARTICLE VI. NUSCULANEOUS Section 6.01. Notices. Any notices, Letters of Instructions or other information required or permitted to be given hereunder shall be submitted in writing and shall be deemed duly given when deposited in the U.S. mail postage prepaid or successfully transmitted via facsimile addressed to the parties as follows: To the Participant: Participant Name: City of Denton, Attn: Director of Fiscal Operations Address: 21S V.- MrKin City, State, Zip: Denton, Texas 0 Telephoner 617-566-8224 Fax: 817-363-7797 To the Trust Company: Texas Treasury Safekeeping Trust Company Attn: TexPcol P.O. Box 12608 Austin, Texas 78711- 2608 Telephone No.(512)463.2950 FAX No. (512) 463-0823 The Participant and the Trust Company agree to notify the other of any change affecting this information and agree that unless and until so notified, the other party shall be entitled to rely on the last information provided. Section 6.02. Taxpayer Identification Number. The Participant's taxpayer identification number assigned by the Internal Revenue Service is: 75-6000514 , The Participant hereby agrees to notify the Trust Company of any change affecting this Taxpayer Identification number and agrees that unless and until so notified, the Trust Company shall be entitled to rely on same in providing any and all reports or other Information necessary or required by the Federal tax laws as amended from time to time. Section 6.03. Severability. If any provision of this Agreement shall be held or deemed to be in fact illegal, inopera- tive or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative or unenforceable to any extent whatsoever. Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.05. Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas. Venue for any dispute under this Agreement shall be in Travis County, Texas. Section 6.06. Captions. The captions or headings in this Agreement am for convenience only and in no way define, limit or describe the scope or intent of any provisions, articles or sections of this AVwmenL Section 6.07. Amendments. (a) The Trust Company shall advise the Participant in writing of any amwJments to this Agreement no less than 45 days prior to the effective date of such amendment. The Participant may ratify the proposed amendment of this Agreement by letter to the Trust Company. In the event de Participant elects motto ratify the amendment, the Participant may terminate this Agreement in accordant with Se:tion 6.08. In the event the Participant fails to respond in writing to a notice of amendment prior to the effective date of such amendment, this Agreement shall be deemed amended. (b) The Trust Company may periodically revise the Operating Procedures from time to time as it deems necessary for the efficient operation of TexPool. The Participant u ill be bound by any amendment to the Operating Procedures with respect to any transaction occurring sul sequent to the time such amendment takes effect, provided, however, that no such amendment shall affect tyyhe Participant's right to cease to be a Participant. S 3G F Section 6.0$. Termination. This Agreement may be terminated by either party hereto, with or without cause, by tendering 30 days prior written notice in the manner set forth in Section 6.01 hereof. Section 6.09. Term. Unless terminated in accordance with Section 6.08, this Agreement shall be automatically renewed on each anniversary date hereof. Section 6.10. Assignment. The Tryst Company may enter into an agreement with a third party investment man- ager to perform its obligations and services under this Agreement, provided that such third party investment manager shall manage Wool according to the Investment Act, Investment Policy and in a manner consistent with that directed by the Trust Company. The Trust Company also shall have the right to assign its rights and obligations under the Agreement to a third party investment manager if the Trust Company determines that such assignment is in the best interest of the State and Participants. In the event a successor pool to TexPool is deemed by the Trust Company to be in the best interest of the State and the Participant, the Trust Company may take any action it deems necessary to assign its rights and benefits under any third party agreements and transfx the assets from TexPool to any successor pool. The Trust Company will provide advance written notice to participant before any such assignment. In Wltacas Wbereoi; the parties hereto have caused this Agreement to be executed as of the dates set forth below, and the Agreement shall be effective as of the latest such date. PARTICIPANT TEXAS TREASURY SAFEKEEPING TRUST COMPANY By: Comptroller of Public Accounts By: By: Name Jack Miller Name: Title: Mayor Tittle: Date: November 19, 1996 Date: 1~ t} Y F k, 1 'All M laysshm rr Service joa Public ...k- An CERTIFICATE OF INCUMBENCY I, Jennifer Walters herebycertifythatIamthe duly appointed, acting, and qualified City Secretary of the City of Denton and that I am authorized to execute and deliver this Certificate, and I do hereby further certify as follows. INCUMBENCY The following person is the duly appointed, acting, and qualified officer of the City of Denton who, in the capacity set forth below is authorized to execute the TexPool Participation Agreement. NAME TITLE SPECIMEN SIGNATURE Jack Miller Mayor IN WITNESS WHEREOF, I have duly executed this certificate as of the day of 19 Signature Title 00-,27 iceei iii ' a f Attachment "B" SUMMARY OF REVISIONS TO TEXPOOL PARTICIPATION AGREEMENT e ATTAUMNT "B" SUMMARY OF REVISIONS TO TEXPOOL PARTICIPATION AGREEMENT 00-,3, (*w FFollowing summary of revisions to the Tex" Participation Agreement: Pool Participation Agreement has been revised to reflect current statutory references resulting endments to the Publi c Funds Investment Act and the constitutional amendment which abol- ished the office of the State Treasurer and transferred the Treasurers duties and responsibilities to the Comp- troller effective September 1, 1996. The detailed operating procedures defining authorized investments, deposit and withdrawal proce- dures by ACH or wire transfer have been removed from the former Agreement and are documented sepa- rately in the `Operating Procedures' that will accompany the revised Agreement. This will allow for revisions of the procedures when appropriate without having to amend the Agreement. Participants will be notified In advance of any changes in the Operating Procedures but approval from each Participants governing body will no longer be required. The former Agreement requires the Advisory Board to review and approve an investment polity for TexPool. The former Agreement also makes the Advisory Board responsible for any modification or other amendment of the fee structure. Recent amendments to the Public Funds Investment Act make it clear that the Advisory Board's role Is purely advisory. The revised Agreement reflects those amendments. With the exception of approving fee increases, the Advisory Board will act in an advisory cap^paty only. The former Agreement requires that amendments to the Agreement be signed by the Trust Company and the participant. The revised Agreement provides that amendments to the Agreement take effect 45 days after participants are notified of an amendment without action by the participants. Participants retain their right to terminate the Agreement upon 30 days written notice to the Trust Company. These time periods allow participants to review an amendment and to terminate the Agreement prior to an amendments effective date, it the amendment is not acceptable for some reason. New Section 6.10 of the Agreement provides that the Trust Company may retain an outside party to manage TexPool In scoordanc:e with applicable laws and as directed by the Trust Company. If in the future the Comptroller determines that participants' Interests are best served through the creation of a successor pool, Section 6.10 allows the Trust Company to assign its rights and obligations and take the necessary steps to effect the transition to the successor pool. A REVIEW OF THIS SUMMARY SHOULD NOT BE SUBSTITUTED FOR A REVIEW OF THE REVISED PARTICIPATION AGREEMENT THAT IS ENCLOSED. THIS SUMMARY IS PROVIDED ONLYAS A USEFUL SYNOPSIS OF SOME OF THE MORE SIGNIFICANT CHANGES TO THE PARTICIPATION AGREEMENT AND DOES NOT EXPLAIN EVERY CHANGE TOTHE PARTICIPATION AGREEMENT. ONLY A REVIEW OF THE REVISED PARTICIPATION AGREEMENT CAN PROVIDE THE PARTICIPANT WITH COMPLETE IN- FORMATION TO MAKE AN INFORMED DECISION REGARDING THE REVISED AGREEMENT. gt; a F Attachment "C" TEXPOOL OPERATING PROCEDURES i~ S t4 .f~ Y r i ATTACHMENT "C" TEXPOOL OPERATING PROCEDURES too-osl I. Establishment of Accounts A. To open an initial TexPool account, the following documents are requh-ed: 1. Resolution a. The Resolution must be adopted by the governing board of the Participant, authoriz- ing the use of TexPool to invests funds on behalf of the Participant. b. The Resolution must also designate up to three (3) officers, employees or other agents of the Participant as "Authorized Participant Representatives". Designated Authorized Participant Representative are authorized to transfer funds to the Trust Company for investment in TexPool and are further authorized to withdraw funds from time to time, to issue letters of instructions, and take all other actions deemed necessary or appropriate for the investment of local funds. c. A Resolution and a sample are enclosed with the enrollment packet. 2. Certificate of Incumbency a. The Certificate of Incumbency 'certifies that a person who signs the Participation Agreement is authorized to execute the Agreement. b. The official/officer signing the Participation Agreement must provide a specimen signature on the Certificate of Incumbency. c. The official/officer executing the Certificate of Incumbency must be someone other than the one signing the Participation Agreement. d. A Certificate of Incumbency and a sample are enclosed with the earollment packet. 3. PaMcIpation Agreement a. The Participation Agreement is the contract between the Participant and the Comp- troller of Public Accounts, and defines the duties and responsibilities of the patties. b. The Participation Agreement must be executed in accordance with the Resolution and the Certificate of Incumbency. 4. Bank Information Sheet a. The Bank Information Sheet authorizes and provides TexPool with the necessary information for the establishment of a specific account. A separate Bank laforma- tion Sheet with the signatures of two (2) Authorized Participant Representatives must be completed for each account and subaccount. b. If ACH availability is desired, the back page of the Bank Information Sheet must be completed. s is ti B. TexPool must receive all documents with original signatures at the following mailing address: Comptroller of Public Accounts TexPool P.O. Box 12608 Austin, Texas 78711-2608 OR 200 E. 10th Street Austin, Texas 78701 C. Once the documents with original signatures are received: 1. The documents are reviewed by the TexPool staff and legal counsel. The approved documents are signed by the Comptroller of Public Accounts or Deputy Comptroller. If there are any problems or questions, the Participant will be contacted. 2. Participant's account numbers are assigned and the information is then entered in the TexPool systems. 3. Unique Personal Identification Numbers (PINS) are assigned to each Authorized Particpant Representative as indicated in the Resolution. An Account Information Re- port will be generated by TexPool which details the pertinent account information and numbers. 4. Documentation will ordinarily be processed within ten (10) business days of receipt. Copies of the original documentation including the Account Information Report, Wir- ing Instructions, PINS, and IVR and OnLAN instructions and transaction worksheet 1 will be mailed to the Participant. D. Adding, Changing or Deleting Accounts. 1. Accounts maybe added or changed by submission of & Bank Information Sheet, signed by two (2) Authorized Participant Representatives. 2. Accounts may be deleted or closed by submission of a Letter of Instruction signed by two (2) Authorized Participant Representatives. The Letter of Instruction should in- clude instructions on disposition of the fund balance, if any. E. Adding, Changing or Deleting Authorized Participant Representatives. 1. Authorized Participant Representatives may be added or changed by completing the Resolution Amending Authorized Representative form. Authorized Participant Repre- sentatives may be deleted by a letter signed by the remaining Authorized Participant Representives. 4 ~k Y F • I F 2. The Resolution Amending Authorized Representatives form must be signed by all remaining Authorized Participant Representatives and new Authorized Participant Rep- resentatives. This Resolution will supersede all prior resolutions. Q. Transactions Procedures A. Wire Transfers 1. Notification: TexPool must be notified by 10:30 a.m. (central time) for all wire trans- fer activity. 2. Methods of Notification to TexPool of wire transfer activity: a. IVR - (Integrated Voice Response) telephone system b. OnLAN - (Local Area Network) computer access system c. Verbal notification by an Authorized Participant Representative to a TexPool staff person. Any verbal notification of a withdrawal must be followed by a Letter of Instruction signed by two Authorized Participant Representatives and faxed to TexPool. The original Letter of Instruction must be mailed to the TexPool office. 3. Information required for all wire transfer activity: All the information excluding PIN can be found on the TexPool generated Accounts Information Report. a. Location Number (5 digits) - Unique to each Participant. b. PIN Number (4 digits) - for one of the 3 authorized representatives. c. TexPool account numbers for wire transfers corresponding to a specific local de- pository account. Series and Fund numbers must be used jointly for each transac- tion. 4. Wire transfer withdrawals are sent in accordance with the prearranged information as provided on the Bank Information Sheet corresponding to that specific TexPool account or subaccount. TexPool must receive a Letter of Instruction signed by two (2) Authorized Representatives by fax before initiating a wire transfer withdrawal per verbal notification. An original Letter of Instruction must then be mailed to TexPool. 5. Wire transfer deposits must be sent by the Participant, by providing the following wiring instructions to the Participant's local depository: $Deposit Amounts TX COMP AUSTIN ABA Routing 114900164 BNF TEXPOOL ACCT 440474002 - Location - Series - Fund Participant Name 5 F 6. TexPool will attempt to contact the participant or Participant's local depository repre- sentative if the wire transfer deposits have riot been received by 1:00 p.m. (central time). 7. Wire transfer deposits received after 2:00 p.m. (central time) will not be invested until the following business day. The deposit will remain uninvested in the Trust Company's Federal Reserve ("FED") account or any designated custodian account and will be invested only after receiving new deposit instructions from the Participant. S. Wire transfer deposits sent to TexPool without prior notification to TexPool through MR, OnLAN, or a TexPool staff person may be rejected and returned to the originating local depository. TexPool will attempt to contact the Participant for investment in- structions, but is not obligated to do so. 9. In the event that an outgoing wire from TexPool is rejected back to the Trust Company's FED account due to incorrect wiring instructions, the Participant will be contacted for proper instructions as well as for additional approval from the Participant for releasing the wire transfer. A new or revised Bank Information Sheet will be required to correct future wiring instructions. 10. Outgoing wine transfers from TexPool are typically sent through the FED between 12:00 noon (central time) to 12:30 p.m. Some delay may occur, depending on unfore- seen circumstances. 11. Transaction confirmations for wire transfers are generated every Thursday, and mailed to the Participant on Friday provided both are not bank holidays. B. Automated Clearing House ("ACH") Transfers 1. TexPool must be notified by 2:00 p.m. (central time) for all ACH transfer activity one day prior to the actual settlement of the funds. 2. Methods of Notification to TexPool of ACH transfer activity: a. IVR - (Integrated Voice Response) telephone system b. OnLAN -(Local Area Network) computer access system c. Verbal notification to a TexPool staff person. Any verbal notification of a with- drawal must be followed with a Letter of Instruction signed by two Authorized Par- ticipant Representatives faxed followed by an original mailed to the TexPool office. 3. Information required for all ACH activity: a. Location Number (S digits) -Unique to each Participant. b. PIN Number (4 digits) -for one of the 3 authorized representatives. - ~ r 3 Yr ` T c. Series Number (4 digits) and Fund Number (3 digits) -Specified TexPool account numbers for ACH transfers corresponding to a specific local depository account. Series and Fund numbers must be used jointly for each transaction. 4. ACH transfer withdrawals are sent in accordance with the prearranged information as provided on the Bank Information Sheet corresponding to that specific TexPool ac- count or subaccount. TexPool must receive a Letter of Instruction signed by two (2) Authorized Representatives by fax before initiating a ACH withdrawal per verbal noti- fication. An original Letter of instruction must then be mailed to TexPool. 5. It is not necessary to instruct the local depository of ACH activity. b. If the Participant has elected not to utilize the ACH transfer availability as noted on the Bank Information Sheet, the ACH request will not originate and the Participant will be contacted. 7. TexPool will credit/debit the Participant's TexPool account for ACH activity the busi- ness day following the request 8. In the event of an ACH rejection, TexPool will contact the Participant to confirm the rejection. TexPool will credit/debit the Participant's account accordingly including any interest eared from the date of the ACH rejection. 9. Transaction confirmations for ACH transfers are generated every Thursday, and mailed to the Participant on Friday provided both are not bank holidays. C. TexPool Fee I . TexPool charges a fee based on an amount sufficient to reimburse the Trust Company for costs of administration. 2. The fee is calculated on "basis points". One percent (1%) is equal to 100 basis points and 1 basis point is equal to 1/100 of a percent 3. The TexPool basic service fee is eight (8) basis points annually, calculated daily on the TexPool fund balance. 4. The TexPool fee is deducted from the gross interest earning. There is no direct reduc- tion to the Participant's account. 5. All TexPool rates are quoted net of fees. There are no hidden costs or additional reduc- tion to Participants' accounts. N i 6. Any increase in the TexPool fee is subject to review and approval by the TexPool Advi- sory Board. The fee may only be increased with board approval and will be effective after 30 days notification to Participants. D. Integrated Voice Response System (IVR) Telephone Access 1. TexPool provides an instruction card for the IVR in the enrollment packet. F 2. IVR utilizes a toll-free number for various TexPool services. The IVR services in- clude: a. ACH deposit - 21# b. ACH withdrawal - 22# c. Wire deposit - 31# d. Wire withdrawal - 32# e. Interfund transfer - 41 # f. Current principal balance - 11# S. Daily message - 15# h. Deposits (last 3) - 12# i. Information - 10# j. Main Menu - 90# k. TexPool yield - 140 1. Withdrawals past 3) - 13# 3. The TexPool daily ra',_+ and allocation factor for the previous day are available by 9:00 a.m. (central time) each morning. E. OnLAN (Local Area Network) Computer Access 1. OnLAN is a software program available at no cost to TexPool Participants. 2. OnLAN requires a DOS based computer with a Modem. 3. The TexPool enrollment packet includes an application for the OaLAN software pro- gram. The form requires specific information on the Participant's local computer sys- tem as well as telephone dialing information. 4. OnLAN utilizes a toll-free number for various TexPool services. The OnLAN services include: a. Wire Transfers i. Add a new wire transfer ii. Inquire on a wire transfer tu. Delete a wire transfer b. ACH Transfers 1. Add a new ACH transfer I Inquire on a ACH transfer W. Delete a ACH transfer 2i T F VfI c. Transaction Inquiry for each series and fund. d. Current Trent balance for each account and subaccount. e. Intenfund transfers f. TexPool general information i. TexPool total fund balance ii. TexPool daily rate and allocation factor id. TexPool phone numbers iv. TexPool system messages g. Account confirmations and reports can be printed locally h. Preload for wire transfers (internal transfer also) i. Preload for ACH transfers j. TexPool Portfolio can be printed locally E Reports 1. Monthly statements detailing the previous month's activity will be mailed on or about the fifth Business Day of the following month. 0 F i' Agenda No. (7(0 - 0~47 Agenda AcZ4 Date DATE: November 19, 1996 CITY COUNCIL REPORT TO: Mayor and Members of the City Council FROM: Ted Benavides, City Manager SUBJECT: TITLE V DELINQUENCY PREVENTION GRANT RESOLUTION RECOMMENDATION: Staff recommends approval of the resolution authorizing the City Manager to submit a Juvenile Delinquency grant application. SUMMARY: The resolution authorizes the City Manager to submit a Juvenile Justice and Delinquency Prevention Act grant application to demonstrate the support of the governing body for the Denton Delinquency Prevention/Intervention program. (See Attachment "A") BACKGROUND: The Denton Delinquency Prevention/Intervention Program began April 1, 1996. The Teen Court provides juveniles with peer judgment and actual accountability for their offenses. To date, the Teen Court has tried 82 cases with sentences of 2,126 hours of community service. This is equivalent to $13,819 worth of labor donated to nonprofit organizations. Next year the Teen Court plans to see as many as 300 defendants utilizing 50 volunteers with sentences of up to 7,500 hours of community service provided to nonprofit organizations. The value of this service would be approximately 948,750. The Fred Moore After School Program served 62 youths in the spring and 78 in the summer. Next year the program is projected to serve 75 youths in the spring and 90 youths in the summer. The Boys and Girls Club of Denton provides juveniles within targeted locations with supervised alternatives in the following areas: personal development, cultural enrichment, outdoor/physical recreation, and educational opportunities. (See Attachment "B"I AFF0133C 01 M C Ja v. r'I' PROGRAMS, DEPARTMENTS. OR GROUPS AFFECTED: Finance, Municipal Court, Denton Police Department, Denton Independent School District, Juveniles, Boys and Girls Clubs of Denton County, Inc., Texas Woman's University and Juvenile Diversionary Services of Denton, Inc. FISCAL IMPACT: Grant funds of $99,795 are being requested to fund the program. Respectfully submitted: Ted Benavides City Manager Prepared by: om ose un1 a ourt mfr AW*ved by: Harlan L. Je arson for of Fiscal Operations AFF0133C PAi d 11 I•• ATTACHMENT "A" PROJECT SUMMARY Please attach pages as necessary and mark them page 4.a., 4.b., 4.c., etc. All text must be typed in 10 or 12 pitch or point type. The purpose of the Denton Delinquency Prevention/intervention {DDP/I) program is to take a pro- active approach in the reduction of juvenile delinquency. The teen court program benefits the court system, the offender, the volunteers and the community. This deferred adjudication program relieves the court system of additional work,provides the offender the opportunity to take responsibility for his/her actions, provides an educational opportunity to the volunteers and provides the community with thousands of dollars worth of volunteer community service. The Boys and Girls Club of Denton provides juveniles within targeted locations with supervised alternatives in the following areas: personal development, cultural enrichment, outdoor/ physical recreation, and educational opportunities. Services are free of charge, and the facility is within walking distance for the majority of the participants. Because the potential for delinquent activity occurs during unsupervised time, the program provides a structured alternative to reduce potential criminal behavior for at-risk juveniles in the commu,:;iv The following five (5) goals have been cooperatively developed and form the basis for the DDP/I program: 1) Expand the teen court program to include the cities of Argyle, Aubrey, Copper Canyon, Corinth, Denton, Krum, Pilot Point, Ponder, and Sanger. 2) Contract with Boys and Girls Club of Denton County, Inc. to provide after school, weekend, and summer recreation and education programs for up to 75.90 at-risk juveniles in southeast Denton in and around the Fred More Learning Center. 3) Conduct continuous internal and external program evaluation, develop appropriate reports, and make changes where necessary to improve the program. 4) Survey existing community resources and identify significant gaps in resources for at risk juveniles. 5) Develop and conduct a public awareness program showing the effectiveness of the DDP/l program in dec:asing identified risk factors. AAA04RAF CJ0 4 ISSAd F r PROJECT NARRATIVE ATTAMENT "B" 1. What is the specific problem to be addressed by this application? This application is for continuation of the Denton Delinquency Prevention/Intervention Program funded April 1, 1996, through March 31, 1997. The specific problems addressed include a continuing high incidence of criminal behavior escalating into more serious offenses by juveniles in Denton County. 2. Explain the nature and extent of the problem using verifiable statistics. Baseline data provided by the Uniform Crime Report shows the following statistics for juveniles in 1995: # VIOLENT % N PROPERTY 96 ! OTHER % ! TOTAL State 8,790 4 55,688 25 161,811 72 226,289 Denton County 78 5 520 30 1,122 65 1,720 Denton City 41 5 227 27 574 68 842 The City of Denton and Denton County have a high incidence of violent crime among juvenile offenders. The same is true for property crimes. This indicates a greater need for intervention that is above average for the State of Texas. Violent and property crime is one percent higher than the State overall average. City statistics show a total of 6,428 juveniles residing in the city in 1995. Of the total number, 4,288 are boys and 2,140 girls. Information provided by the City Police Department shows a dramatic increase of 12% in the total number of juvenile arrests from 1992 through 1994. In 1992, there were e e 577 juvenile arrests; in 1993, 676 arrests; and in 1994, 952 arrests. With the increase in juvenile arrests and the zero tolerance policy adopted by the local school district, city and county judges are requesting that a teen court program be continued to address first-time juvenile offenders. 3. What resources are currently being used in the applicant's geographic area to address this problem and how do those resources work together? At the present time, there are a number of agencies cooperating with the local Independent School District to provide prevention and intervention programs. The City Parks and Recreation Department operates after school child-care programs at different elementary campuses. The Community in Schools administers dropout prevention programs at two campuses. The Boys and Girls Club of Denton (funded through phase one of this grant) provides at-risk juveniles, ages 8.17, with free alternative recreation/ educational programs year-round and tutoring programs during the school year. The Denton Teen Court currently serves first-time juvenile offenders in the cities of Denton and Sanger. 101/14 AAA048AF CJD 4.a. Issued 7 96 i f "r { i , ATTACHMENT "B" PROJECT NARRATIVE 4. Identify the gap in avaifable resources or services that makes this application necessary. A number of disadvantaged and at-risk juveniles live in Southeast Denton for whom there are limited delinquency prevention programs available. The area surrounding the Fred Moore Learning Center has been identified as a high-risk area by the community. Presently (excluding the Boys and Girls Club of Denton), there are no other delinquency prevention programs within walking distance available after school, on weekends, or during the summer for juveniles under the age of 17 who live in this area. 5. If funded, how would the proposed project work with the community and with other agencies toward impacting the problem stated above? Juvenile Diversionary Services of Denton, Inc. (JDSD) is a collaborative, community-based agency encompassing a number of agencies and institutions that work together to reduce juvenile delinquency and fill gaps not provided by other programs. For example, no other agency maintains a teen court to reduce recidivism through early intervention with first offenders. 6. What are the specific activities proposed for this project? Please include information on target area, population, and number of people served. (if a continuation application, state only what activities differ from the current year of funding.) Programs funded by the continued grant include Boys and Girls Club of Denton and Denton Teen Court, During phase two of the Boys and Girls Club of Denton, programming goals will remain consistent to year one but expanded to serve more children (1996 stats: 78 juveniles served during summer and 62 during the school year; approximately 15 families on the waiting list). Denton Teen Court will be expanded to include the cities of Argyle, Aubrey. Copper Canyon, Corinth, Krum, Pilot Point and Ponder in addition to Denton and Sanger. Denton Teen Court will continue to access City offices, Park and Recreation facilities, and local non-profit organizations for community service alternatives. In addition, male offenders and their families will be given the option of accessing a delinquency awareness program ofeered in collaboration with McFadden Ranch (a TYC facility for male juvenile felons with substance abuse problems). 7. Explain how the proposed project activities will address the stated problem. The Boys and Girls Club of Denton provides juveniles within targeted locations with surervised alternatives in the following areas: personal development, cultural enrichment, outdoof; physical recreation, and educational opportunities. Services are free of charge, and the facility is within walking distance for approximately 92% of the participants. Because the potential for delinquent activity occurs during unsupervised time, the program provides a structured alternative to reduce potential criminal behavior for at-risk juveniles in the community. The Denton Teen Court provides the juvenile justice system with a diversionary program for first-time offenders ages 12-17. The primary goal focuses on requiring offenders to be accountable for their actions through community service. Offenders are tried by teens (with the exception of the judge) utilizing peer pressure in a positive, effective manner, The early intervention aspect of this program reduces the likelihood of recidivism and escalation of serious crimes committed by juveniles in the community. b AAA14SAF CJD 4 b. Issued ? f i} F t ATTACMENT "B" PROJECT NARRATIVE 8. List the measures that the project will use to determine the effectiveness of the project and its impact on t',e stated problem. Cuantitative evaluation will include: Teen Court Survey, Denton Teen Court Evaluation for Parents and Defendants, Boys and Girls Club of Denton County Surveys (Parent/Guardian, Participant, Personnel, and School District comparison of effectiveness). Cualitative evaluation will include: school district Academic Excellence Indicators System (AEIS) data, statistics from Uniform Crime Reports and local criminalfjuvenite justice agencies, SES and ethnic data. Program and program quality wilt be assessed by comparing new program information with baseline data over the three years. 9. Provide all available currert information for each of the effectiveness measures listed above. (If a continuation application, provide information for the last two years, including all information submitted to CJD on progress reports.] The Denton Delinquency Prevention/Intervention Program began April 1, 1996. To date the following information concerning program effectiveness has been collected: Defendants tried in Teen Court 82 cases Volunteers used in Teen Court 40 volunteers Hours of community service sentenced 2,126 hours Total dollar value of community service $13,819 Number of youths served in the Boys and Girls Club after school and summer Program: Spring 62 youths Summer 76 youths Total 136 At this time, there is a waiting list of 15 fo this program. The capacity budget is 50 youths at any given time. 10. What are the project's goals for each effectiveness measure by the end of the grant year? Because of the steady increase in referrals, the following projections are: Defendants tried in Teen Court 300 cases Volunteers used in Teen Court 50 volunteers Hours of community service sentenced 7,500 hours Total dollar value of community service $48,750 The number of youths participating in the Boys and Girls Club after school and summer program is projected as follows: Spring 75 youths Summer _AQ youths Total 165 AAA04SAF CJO-4.c. Issued 7 ?6 06 a r J:\4FD0CS\RE5\IMTERY.AES RESOLUTION NO. A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE SUBMISSION OF AN APPLICATION OF THE CRIMINAL JUSTICE DIVISION OF THE OFFICE OF THE GOVERNOR, STATE OF TEXAS, REQUESTING FUNDING FOR THE DENTON DELINQUENCY PREVENTION/INTERVENTION PROGRAM FOR JUVENILES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton is eligible to receive funds from the Criminal Justice Division of the Office of the Governor, State of Texas, and desires to increase the effectiveness of the Denton Delinquency Prevention/ Intervention Program for Juveniles by providing funding to the Fred Moore After School Program and the Teen Court of Denton; and WHEREAS, in order to receive such funds, it is necessary for the Council of the City of Denton to authorize the submission of a Title V Juvenile Delinquency Prevention Grant Application to the Criminal Justice Division of the Office of the Governor, State of Texas, requesting funding; NOW THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: &ECTZON Z That the City of Denton, Texas, certifies that it is eligible to receive a funding allocation from the Criminal Justice Division of the Office of the Governor, State of Texas, for a Title V Juvenile Delinquency Prevention Grant for the Denton Delinquency Prevention/intervention Program for Juveniles. SECTION II. That the City Council authorizes and directs the City Manager, or his designee, to represent and act on behalf of the City of Denton in applying for and working with the criminal Justice Division of the Office of the Governor, State of Texas, in regard to such grant application. SECTION III That the City Manager, or his designee, shall forward a copy of this resolution to the Criminal Justice Division of the Office of the Governor, State of Texas. _ ON_IVThat this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of , 1996. JACK MILLER, MAYOR 0 YI yi A p-a e. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 06 s F NOV i 1-1996 15:47 CITY OF DENTON PL" I N-, Agenda No. Apenda Item 4 a ~T~ Date cl UWCIL REPORT RO Yfm DATES November 11, 19% TO. Mayor and Members of the City Council PROM: Ted Benavidea, City Manager SUBJRCT: Interlocal Cooperative Agreement between the City of Denton and the University of North Texas IR R MULQN APProve resolution authorising the City Manager to execute an interlocal ing of ti a Aa eeumeeS to ensure an exchange of right-of-way to allow the ic'eoopera This agreement would allow Avenue 8 (between I.K. 35E abandoned which will alloy the oonstruction of the Music aand agle Drive) to be ndSFine Arta building at We time. The City ordinance setting out the procedure for abandoning city CPir~ yy prioretoires that the fair market of the right-of-ray be received by the Since the new right-of-way alignment and street construction w111 not be initiated until mid 1997, (and UNT wishes to begin construction in the next few weeks) the agreement in necessary to ensure the City receives fair market value for the abandoned right-of-way, R Ong through the capital Improvemants Programf snginsering and Transportation ~ s udents rill bfs a iracted plans ldun he street construction, the general public and Sag construction. Total cost of initial construction $440,000 ($150,000 from Wr for aid in construction) and perpetual maintenance RESPECTFULLY SUBMITTED: Ts enav eo City Manager i1el ed by: iao r of nYOR Right-of-Stay II2gineering Techa Approved. '1n~ ~ L.3~... AnO0767 TOTAL P.t)C F mtaveek.ree RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERL0CAL COOPERATION AGREEMENT WITH THE UNIVERSITY OF NORTH TEXAS TO ENABLE AN EXCHANGE OF RIGHT OF WAY TO ALLOW THE REROUTING OF AVENUE E TO ACCOMMODATE THE CONSTRUCTION OF A NEW MUSIC AND FINE ARTS EDUCATION BUILDING; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City of Denton and the University of North Texas desire to enter into an interlocal agreement for the exchange of land for use as a right-of-way, pursuant to §791.028 of the Texas Government Code, 5272.001 of the Texas Local Government Code, and 52-127 of the Denton Code of Ordinances; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That the City Manager is hereby authorized to act on behalf of the City of Denton, Texas in executing an interlocal cooperation agreement with the University of North Texas to enable the exchange of right-of-way for the routing of Avenue E around the proposed Music and Fine Arts Education Building. A sample copy of such an agreement is attached hereto and fully incorporated herein. SECTION II., That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR , ATTEST: JENNIFER WALTERS, CITY SECRETARY BY. APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: 11 r " t r~ F . THE STATE OF TEXAS § INTERLOCAL COOPERATION AGREEMENT § BETWEEN THE CITY OF DENTON AND COUNTY OF DENTON § THE UNIVERSITY OF NORTH TEXAS WHEREAS, the City of Denton (hereinafter called "Denton") and the University of Ncrth Texas (hereinafter called "UNT") desire to enter into an interlocal agreement for the exchange of land for use as a right-of-way, yursuant to 5791.028 of the Texas Government Code, §272.001 of the Texas Local Government Code, and §2-127 of the Denton Code of Ordinances. WHEREAS, the right-of-way UNT wishes Denton to abandon has been identified, but the land to be dedicated in exchange has not, except in concept; and WHEREAS, Denton is prohibited by §2-127 of its Code of Ordinances from abandoning its right-of-way without receiving fair market value in advance; and WHEREAS, both Denton and UNT agree that the land proposed to be dedicated in exchange for the abandoned right-of-way equals or exceeds the fair market value of the land to be abandoned; and WHEREAS, due to the pendency of a construction project which stands to benefit both UNT and the citizens of Denton, there is insufficient time to design and provide a legal description for the land to be dedicated in exchange for the property proposed for abandonment; and WHEREAS, the right-of-way identified for abandonment is intended to revert to UNT, the adjacent property owner, such that the mandatory requirements of 9272.001 of the Texas Local Govern- ment Code are met; NOW, THEREFORE, Denton and UNT hereby agree as follows: in consideration for, and prior to Denton's passage and approval of an ordinance authorizing abandonment of the right-of- way legally described in Exhibit A, UNT agrees to dedicate for the public use of the citizens of Denton, an alternative right-of-way for the sole purpose of enhancing a current roadway, more or less following the "future site plan" attached as Exhibit B, in the form of an easement or other conveyance whose language shall be approved by Denton through its City Attorney. Although not presently designed or legally described, the fair market value of this alternative right-of-way shall equal or exceed the fair market value of the property described in Exhibit A, and all such assessments of fair market value shall be based upon land values as of the date of execution of this Agreement. If, subsequent to Denton's abandonment of the right-of-way described in Exhibit A, UNT should breach its duty under this Agreement to dedicate alternative right-of-way as set forth herein, b F the parties hereby stipulate that the fair market value of the land identified in Exhibit A is $50,000.00, and said amount shall represent liquidated damages for such breach, together with such other damages as may be available at law. By executing this agreement, the parties herein waive their respective governmental immunities with respect to any legal remedies taken in enforcement of this Agreement. IN WITNESS WHEREOF, the undersigned officers or agents of the parties hereto are the properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending said authority have been duly passed and are now in full force and effect. Executed in duplicate originals this the day of 1996. CITY OF DENTON TED BENAVIDES, CITY MANAGER ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PRO A ORNEY UNIVERSITY OF NORTH TEXAS BY ~ ~ FRED POLE VICE PRESIDENT FOR ADMINISTRATIVE SERVICES PAGE 2 1• F r♦1 I ATTEST: BY: APPROVED AS TO LEGAL FORM: BY: I untaamtx.k PAGE 3 5. r 0 Y f' "EXHIBIT A" T acct _I ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the B. Puchalski Survey, Abstract Number 996 and being part of a tract of land as conveyed from Theron J. Fouts and rife Leslie Vann Fouts to the State of Texas by deed recorded in Volume 342, Page 559 of the Deed Records of Denton County, Texas and being all of a tract conveyed to the City of Denton by easement deed recorded in Volume 2803, Page 549 of the Real Property Records of Denton County, Texas for the purpose of constructing, reconstructing, installing, repairing and perpetually maintaining street and utility facilities. Tract Ir ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the 2. Puchalski Survey, Abstract Number 996 and being all of a tract of land abandoned by the City of Denton for road purposes but reserved a utility easement for the purpose of constructing, reconstructing, repairing, and maintaining underground utility lines and facilities by Ordinance 90-000 and recorded in Volume 2803, Page 544 of the Real Property Records of Denton County, Texas, Tract III ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the Z. Puchalski Survey, Abstract Number 996 and being part of a tract of land conveyed to Betty K. Millenot by Benny P. Bearden by deed recorded in Volume 350, Page 358 (V. 412, P. 426) of the Deed Records of Denton County, Texas and also be all of a tract conveyed to the City of Denton by easement; deed recorded in Volume 418, Page 474 of the Deed Records of Denton County, Texas for the purpose of street, parkway, sidewalk and utilities. T F' 1. , "EXHIBIT A" continued TRACT IV ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the R. Puchalski Survey, Abstract Number 996 and being part of a two acre tract of land conveyed by Bess Bird et vir to T. R. Brooks by deed recorded in Vol=* 187, Page 580 of the Deed Records of Denton County, Texas and being all of a tract conveyed by North Texas State College to the City of Denton by easement deed dated July 13, 1957 and recorded under Clerk's file number 3647 in the Dead Records of Denton County, Texas for street purposes. Tract V ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the E. Pucbalaki Survey, Abstract Number 996 and being a tract of land extending south fray the south right-of-way line of Zagl• Drive, bordered on the west by said North Texas State College to the City of Denton (Clerk's file number 3647) and bordered on the east by said Millenot to the City of Denton (Volume 418, Page 474) and bordered on the south by the north right-of-way line of Interstate 35 sast, said tract being the remainder street right- o!-way prescriptive or otherwise that was commonly known as "Avenue z". 8-4T-96 AbMM. vpa L ~ r k 'of w ~ / / y 4~ ~ j1~i "I•I S~ ~ - Q C, 1 Zoo ~0 \ \ / : .a Ila x \11~~ a \ t \•Qr f I ~ Y~ OI \ I \ 4 AT I , / All -X= = Ir'q r 10 Vol I 4-10 b . F i. o ; 1 1 0 ILI A11THL 11 1 _ ~ 1 r s D H F 1i Agenda No.. Qom. o4 / - Agenda Item: CITY COUNCIL REPORT pate. lq DATE: September 17, 1996 TO: Mayor and Members of the City Council FROM: Teodoro Benavides, City Manager SUBJECT: Avenue E Street Closure and Right-of-way Abandonment From Eagle Drive south to I-35 East access road RECOMMENDATION: The Development Review Committee recommends approval upon the condition that the existing utilities be relocated or abandoned. The Planning s Zoning Commission recommends approval. SUMMARY/BACKGROUND: Fred Pole, U.N.T. Vice President of Administrative Affairs, has requested that the City of Denton abandon those sections of right-of-way as shown on the attached plat. U.N.T. plans to utilize those tracts for the proposed Music a Fine Arty Education Building. In conjunction with the construction of the new building, Avenue D, Avenue E, and Eagle Drive are being considered for realignment. U.N.T. will dedicate the additional right-of-way as needed. PROGRAMS DPP=MENTS OR GROUPS AFFECTED: Engineering s Transportation Department, Utility Department, and the University of North Texas. FISCAL IMPACT: Costs associated with utility abandonment and removal of street signs. Respectfully Submitted: Teodoro Benavides City Manager Pre ed by: i_ IZZ4A Paul Williamson Technical Assistant, Right-of-Way Approved by: C JeU lark Di r of Engineering 6 Transportation ccrep~.upd 1 a i I ® ° o 0 0 0 0 0 0 i I A i f i ° 7 i i F , I I o ® I \ ~ o ~ o I ° we PROPOSED AVE.E R.O.W. I o TO BE RELEASED TO U.N.T. I i o mom 0 0 0 UNT GOLF C a. S 5 F + WrAVE•E.DRD ORDINANCE NO. AN ORDINANCE ABANDONING AND VACATING RIGHT-OF-WAY EASEMENTS IN THE VICINITY OF AVENUE E, NORTH OF INTERSTATE HIGHWAY 35E AND SOUTH OF EAGLE DRIVE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request for the vacation and abandonment of certain right-of-way easements; and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested vacations and abandonments, and recommended approval; and WHEREAS, the Council of the City of Denton, Texas has deter- mined that the right-of:-way easements being parcially vacated are no longer needed for public use; and WHEREAS, the fair market value of the right-of-way easement has been determined and received, as required by section 272.001 of the Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV. (2991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That the right-of-way easements described in Exhibit A, attached hereto and incorporated herein by reference, are permanently vacated and extinguished as public easements, to the extent described in said exhibit. SECTION iI. That by reason of such vacation the City of Denton '9 property interest in the vacated portions of said ease- ments shall, by operation of law, revert to the owner or owners abutting the easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as a public easement. SECTI III. That this ordinance shall become effective immed- iately upon its passage and approval. PASSED AND APPROVED this the day of 1995. JACK MILLER, MAYOR ATTEST: JENNIF13R WALTERS, CITY SECRETARY BY: r:~ L c ft APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY PAGE 2 Y F "EXHIBIT A" Tract I ALL that certain lot, tract or parcel of land lying and beir_q situated in the City and County of Denton, State of Texas in the E. Puchalski Survey, Abstract Number 996 and being part of a tract of land as conveyed from Theron J. Fouts and wife Leslie Vann Fouts to the State of Texas by dood recorded in Volume 342, Page 559 of the Deed Records of Denton County, Texas and being all of a tract conveyed to the City of Denton by easement deed recorded in Volumo 2803, Page 549 of the Real Property Records of Denton County, Texas for the purpose of constructing, reconstructing, installing, repairing and perpetually maintaining street and utility facilities. Tract II ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the Z. Puchalski Survey, Abstract Number 996 and being all of a tract of land abandoned by the City of Denton for road purposes but reserved a utility easement for the purpose of constructing, reconstructing, repairing, and maintaining underground utility lines and facilities by Ordinance 90-088 and recorded in Volume 2803, Page 544 of the Real Property Records of Denton County, Texas. Tract iII ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the E. Puchalski Survey, Abstract Number 996 and being part of a tract of land conveyed to Betty R. Millenot by Sonny P. Bearden by deed recorded in Volume 350, Page 358 (V. 412, P. 426) of the Deed Records of Denton County, Texas and also be all of a tract conveyed to the City of Denton by easement deed recorded in Volume 418, Page 474 of the Deed Records of Denton County, Texas for the purpose of street, parkway, sidewalk and utilities. 5. S 7x4 F "EXHIBIT A" continued TRACT rv ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the E. Pucholski Survey, Abstract Number 996 and being part of a two acre tract of land conveyed by Bess Bird et vir to T. R. Brooks by deed recorded in Volume 187, Page 580 of the Dead Records of Denton County, Texas and being all of a tract conveyed by North Texas State College to the City of Denton by easement deed dated July 13, 1957 and recorded under Clerk's file number 3647 in the Deed Records of Denton County, Texas for street purposes. Tsaet V ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the E. Puchalski Survey, Abstract Number 996 and being a tract of land extending south from the south right-of-way line of sagle Drive, bordered on the west by said North Texas State College to the City of Denton (Clerk's file number 3647) and bordered on the east by said Nillenot to the City of Denton (Volume 418, Page 474) and bordered on the south by the north right-of-way line of Interstate 35 Zast, said tract being the remainder street right- of-way prescriptive or otherwise that was commonly known as "Avenue E". I l-22-96 abandl. vpd f ' ++S }{F wrlr,r Y 4 , i Agenda No. -04 7 Agenda Item of 7 . Date ll- t a -q to CITY OF DENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE (817) 566-8307 Office of the City Manager MEMORANDUM TO: Mayor and Members of the City Council FROH3 Veronica S. Rolen, Administrative Assistant II DATEs November 15, 1996 SUBJBCTs TMPA Levaeraged Lease (Drag Line/Conce}or System) Resolution The attached resolution has been drafted by Legal Department Staff for your review. Once Herb Prouty has finalized his review he may present a revised resolution for your consideration at the City Council meeting on Tuesday evening. Please contact Herb Prouty should you have questions in the meantime. Veronica Rolen Administrative Assistant II °Delicated to Quality Service' 5 i C:\WPDOCS\RES\TMPA.RES 11 _ - cA DRAFT agenda agenda I lletem#~ Date f RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS CONSENTING TO THE ISSUANCE OF BONDS BY THE TEXAS MUNICIPAL POWER AGENCY TO ACQUIRE, THE PROPERTY SUBJECT TO THE LEVERAGED LEASE AGREEMENT HELD BY METLIFE CAPITAL CORPORATION AND THE TEXAS TEACHER RETIREMENT SYSTEM; AUTHORIZING THE CITY MANAGER OF THE CITY OF DENTON, TEXAS TO EXECUTE ALL APPROPRIATE DOCUMENTS AND CERTIFICATES IN FURTHERANCE OF, AND NECESSARY AND INCIDENT TO THE ISSUANCE OF SAID BONDS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Texas Municipal Power Agency ("TMPA") is a joint powers agency created under the provisions of TEX. REV. CIV. STAT. ANN. art. 1435a (Vernon 1980) comprised of the Cities of Bryan, Denton, Garland, and Greenville, Texas ("Member Cities") ; and WHEREAS, TMPA is currently the lessee of one drag line and one conveyor system (collectively the "leased property") under a leveraged lease agreement presently held by Ilet-Life Capital Corporation ("MetLife'l) and the Texas Teacher Retirement System ("TTRS"); which leased property was in place at the Gibbons creek lignite mine ("the Mine") which was closed earlier this year; and which leased property is no longer required by TMPA for its operation of the Gibbons Creek Plant; and WHEREAS, subsequent to the closing of the Mine, TMPA undertook negotiations with MetLife and TTRS, the holders of the Lease in order to terminate the Lease; to save monies on the future operating expenses and lease termination expenses through the expiration of the lease in 2008; and to acquire title to the leased property; and WHEREAS, TMPA has reached a proposed settlement with MetLife and TTRS regarding termination of the Lease, the payment of monies to MetLife and TTRS, which results in TMPA acquiring title to the leased property; and which settlement is advantageous to TMPA and its Member cities, in that it saves TMPA significant operating and maintenance expenses of the leased property over the remaining term of the lease; saves TMPA termination expenses required by the lease as well; and will allow TMPA to dispose of the leased property by sale at market value; and WHEREAS, TMPA, in order to consummate the settlement with MetLife and TTRS, must issue approximately $29,000,000 in bonds, and it desires that the Member Cities consent to the issuance of said bonds; and WHEREAS, the City Council has no objection to the proposed TMPA settlement of its lease obligations, and for its acquisition of title to the leased property, and TMPA's issuance of bonds as hereinabove described, and is agreeable to giving its consent to TMPA to issue said bonds; NOW THEREFORE, L E THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES: SECTION I. That all recitations contained in the above Preamble are found to be true and correct and are hereby incorpo- rated in the body of this Resolution by reference, as if copied in their entirety. SECTION II. That the City of Denton does hereby give its consent to the Texas Municipal Power Agency to issue bonds in the amount of approximately $29,000,000 for the purpose of effecting and consummating its settlement with MetLife and the TTRS as described hereinabove. SECTION III. That the City Manager is authorized to execute all appropriate documents and certificates in furtherance of, and necessary for and incident to the issuance of said bonds by TMPA. SECTION IV. That this resolution shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 1996. JACK MILLER, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY BY: ,1j'A' 4 1 I r • ' I' d F •I~ Agenda No. 7 . Agenda Itenf a $ Date i 1 CITY OFDENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 • TELEPHONE(817) 566.8,307 Office of the City Manager MEMORANDUM DATE: Nov. 12, 1996 TO. Ted Benavides, City Manager FROM: Rick Svehla, Deputy City Manager SUBJECT: Clarification of ETJ Boundary Between Denton and Aubrey On October 24th, Councilmember Krueger and I met with Mayor King and Aubrey's attorney, Ms. Marigny Lanier. Mayor King explained that Aubrey wanted clarification on our ETJ. Aubrey also wanted Denton to transfer or specifically designate our ETJ authority to Aubrey in certain areas. On the attached copy of the map, staff has depicted information that was prepared by Aubrey's engineers. The areas in red are areas that Aubrey would like Denton to specifically designate to Aubrey's ETJ. We have reconfirmed these drawings with Mayer King, and I would expect the Mayor or Aubrey representatives to be in attendance on the 19th. Staff has reviewed their request and recommends it. If Council approves this transfer of ETJ, we would recommend they direct staff to prepare an agreement between Aubrey and Denton. This agreement would be brought to Council for approval at a future meeting. In addition, the staff would also recommend that the Council designate our ETJ authority in this area. We would suggest that our ET) authority begin on the west side of Rockhill Road at U.S. 380, continue north on Rockhill Road to its curve to the west and then continue in a straight westerly direction to our previous annexations; then proceed along our previous annexations then north up the channel of the Elm fork to a point 500 feet south of FM 455; then proceed in an easterly direction and 500 feet south along FM 455 to the end of our 3.5 mile ETJ boundary. This boundary is depicted on the map in green. If the Counci! has any further questions, I'll be happy to try and answer them at their converu Rick Svehla Deputy City Manager Attachments "Dedicated to Quality Service" M■i 1N ~ I. _l F i r- / DENTON ETJAGAII 2 r v 3 b C 1 Ageeds Ne. _ MVz- Agenda item . Date ' CITY OFDENTON, TEXAS MUNICIPAL BUILDING DENTON, TEXAS 76201 TELEPNONE817.5664X9 Office of the City Secretary MEMORANDUM DATE: November 12, 1996 To: Mayor and Mombers o' the City Council FROM: Jennifer Walters, City Secretary SUBJECT: Board/Commission Appointments The following is a list of current Board/Commission vacancies/nominations: Plumbing and Mechanical Code Board - Mayor Miller has nominated Wiley Cunagin. Building Code Board - Council Member Beasley has nominated Henry Rife. Library Board - Council Member Young has nominated Fran Morgan. Keep Denton Beautiful - Frenchy Rheault has resigned. This is a nomination for Council Member Krueger. Sign Board of Appeals - Gene Gumfory has moved outside the City limits. This is a nomination for Council Membe: Beasley. If you require any further information, please lot me know. n fer lters ty Sec tary ACCOOOF4 I "Dedicated to Quality Service" ff 6 F t, CITYOFDENTON,TEVS CINMLL WEST 221 N. ELM DENTONTEXAIS7620f (8141566-8350 • VWMETRO434.25:d P>'anning and DavApmont Depart ncnt MEMORANDUM DATE: November 6, 1996 TO: Jennifer Waiters, City Secretary FROM: Donna Bateman, Senior Planning Technician SUBJECT: Sign Board of Appeals In July, 1996 a member of the Sign Board of Appeals, Gene Gumfory, moved outside of the city limits. He understood that he would no longer be eii, k e to serve on the board. I requested a letter of resignation but have not received cnu to date, Therefore, I am requesting that the City Council appoint a new "altEroate" member to the Board at its earliest convenience. If you have any questions, please contact me at extension 8351. SDon a Bateman oZ• 'Dadicated to Qualify &noce"