HomeMy WebLinkAbout02-11-1997
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City Council
Agenda Packet
February 11, 1997
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AGENDA Agenda No. neo 7-
CITY OF DENTON CITY COUNCIL Agenda Item=
February 11, 1997 Dale-
Closed Meeting of the City of Denton City Council on Tuesday, February 11, 1997 at 5:45 p.m.
in the Civil Defense Room of City flail, 215 F. McKinney, Denton, 'texas, at which the
following iterrs will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED
MEF,TiNG AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY
PERMISSIBLE.
5:45 p.m.
1. Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec. 551.071
1. Receive attorney-client privileged legal advice on legality of provisions
within the proposed ordinance rewriting the Zoning Chapter of the City
Code Mating to apropriate zoning district classifications within which
parochial schools should be located and the specific use permit process.
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074
Special Called Meeting of the City of Denton City Council on Tuesday, February 11, 1997 at
7:00 p.m. in the City Council Chambers of City Nall, 215 E. McKinney, Denton, Texas at
which the following item will be considered:
7:00 p.m.
1. Consider approval of an ordinance of the City of Denton authorizing the Mayor to
execute on behalf of the City of Denton a memorandum of understanding with N.W.
Realty, Inc. and Terrano Realty, Inc. relating to economic development program
incentives for International Isotopes, Inc. (A1PC) to effectuate an expansion of operations
and an increase in employment levels of AIPC in Denton by locating facilities in 475
• , acre North Texas Research Center.
Following completion of the Special Called Session the Council will convene into a Work
Session at which the following items will be considered:
NOTE: A Work Session is used to explore matters of interest to one or more City Council
• Members or the City Manager for the purpose of giving staff direction into whether or not such
+ matters should be placed on a future regular or special meeting of the Council for citizen input, O •
J City Council deliberation and formal City action. At a work session, the City Council generally
receives informal and preliminary reports and information from City staff, officials, members
of City committees, and the individual or organization proposing council action, if invited by
City Council or City Manager to participate in the session. Participation by individuals and
members of organizations invited to speak ceases when the Mayor announces the session is being
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City of Denton City Council Agenda
February 11, 1997 1
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closed to public input. Although Work Sessions are public meetings, and citizens have a legal
right to attend, they are not public hearings, so citizens are not allowed to participate in the
session unless invited to do so by the Mayor. Any citizen may supply to the City Council, prior
to the beginning of the session, a written report regarding the citizen's opinion on the matter
being explored. Should the Council direct the matter be placed on a regular meeting agenda,
the staff will generally prepare a final report defining the proposed action, which will be made
available to all citizens prior to the regular meeting at which citizen input is sought. The
purpose of this procedure is to allow citizens attending the regular meeting the opportunity to
hear the views of their fellow citizens without having to attend two meetings.
I. Receive a report, hold a discussion and give staff direction regarding the final
recommendations of the Diversity Task Force.
2. Receive a report, hold a discussion and give staff direction regarding the Texas
Department of Transportation's Routine Airport Maintenance Program (RAMP).
3. Receive a report, hold a discussion and give staff direction regarding 1997-98 Airport
Improvement Plan projects and the funding thereof.
4. Receive a report on the schedule for City Hall renovation.
5. Receive a report, hold a discussion and give staff direction on the Emergency
Management Plan.
6. Receive a report, hold a discussion and give staff direction regarding the Bolivar Water
Supply Corporation Service Area issues.
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 _ 1997 at o'clock
(a in.) (P.m.)
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CITY SECRETARY
NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
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ACCORDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
H EARING 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 TIi E DEAF (TDD) BY CALLING 1-800-RELAY-TX SO I HAT
A SIGN LANGUAGE INTERPRETEK CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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Agenda Item S
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CITY of DENTON, TEXAS MUNICIPAL BUILDING • 215 E. McKINNEY• DENTON, TEXAS 76201
MEMORANDUM (817) 566.8200 • DFW METRO 434.2529
DATE: February 11, 1997
TO: Mayor and City Council Members
FROM: Linda Ratliff
Director of Econ mic Development'-t-
THRU: Ted Benavide7
City Manager
SUBJECT: Memorandum of Understanding
N. W. Realty, Inc, and Terrano Realty, Inc.
Attached is a copy of an ordinance authorizing the execution of a
memorandum of understanding between the City of Denton and N. W.
Realty, Inc. and Terrano Realty, Inc. for the purpose of
constructing a 3,232 foot road beginning at Woodrow Lane (north
of Spencer Road) east within the planned North Texas Research
Center. Although the proposed road is not currently scheduled on
the City's Capital Improvement Plan, it has long been identified
as a secondary arterial road on our Long Range Thoroughfare Plan.
N. W. Realty, Inc. and Terrano Realty, Inc. are the property
owners of the planned 475-acre North Texas Research Center. They
have requested that the City of Denton consider expediting the
construction of the road to accommodate the location of Applied
Isotope Products Corporation (AIPC). AIPC has acquired the Linac
Accelerator assets of the Super Conducting Super Collider and
• will manufacture, market and distribute isotopes used in the
diagnosis and therapeutic treatment of cancer and other diseases.
AIPC is also developing research partnerships with Texas l
Southwest Medical Center and the University of North Texas Health
Science Center.
Costs and Project Timeframe:
• The City of Denton Engineering Department estimates a cost of 0 O
$606,000 to construct the 3,232 foot road and an additional
$103,000 for design and engineering. The memorandum of
understanding provides the property owners with the following j
options: 1
"Dedicated to Quality 5enice"
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Mayor and Council Members 1
February 11, 1997
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1. If the City of Denton designs and constructs the road, the E
total amount tar the memorandum of understanding will be
$709,000. A project timeframe will be set at 18 months from
the written notice to proceed.
2. If the property owners provide the design and engineering {
plans and the City of Denton is responsible only for
construction of the road, the total amount for the
memorandum of understanding will be $606,000. A project
timeframe will be set at 12 months from the written notice
to proceed and receipt of design plans.
Responsibilities of Property Owners: In consideration for
construction of the road, the property owners will dedicate the
right-of-way and guarantee the following:
New structures: Two buildings will be built a 27,000
square foot building at a value of approximately $750,000
and a 35,000 square foot building at a value of
approximately $4 million.
Business Personal property: The structures will be equipped
with personal property valued at approximately $7.5 million.
Employment: A payroll of $4 million will be obtained by the
end of the fourth quarter of 1999.
Liabilities of Property Owners:
The City of Denton will not proceed with any design or
construction work until property owners provide a written notice
to proceed and a Promissory Note is approved:
Promissory Note: Property owners will execute a non-
interest bearing Promissory Note in the amount for
constructing the roadway and if applicable, any consulting
O and professional fees expended by the City for the design,
supervision and construction of the road. A deed of trust
(or appropriate substitute document approved by the City
Attorney) for the total 475 acre tract (North Texas Research
Center) will be provided as collateral for the purpose of
reimbursing the city of Denton if the improvements, personal
property or employment payroll levels are not met by AIPC or
i others within three years.
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Mayor and Council Members
February 11, 1997
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Escrow Agreement: Since it is anticipated that the location
of. AIPC will generate additional development in the research
center, the property owners will be entitled to sell
portions of the 475 acres during the three-year term of the
Promissory Note in consideration for substituting an escrow
agreement. Depending upon the total amount of the
promissory note (;606,000 for construction only or $709,000
for construction and design), the property owners will
transfer $1,560 or $1,700 for each acre sold into an escrow
account to reduce the principal of the note. The property
owners may Substitute a performance bond for the escrow
account. However, either document must ba composed in a
form agreeable to the City Attorney.
Property Owners Meet Responsibilities: If at the end of the
three year term of the promissory note, the combined total
of improved value of new structures and equipment equals
$12,250,000 or greater and payroll generated at the North
Texas Research Center is $4 million or greater, the
responsibilities of the property owner will be met and the
note will expire.
Failure to Meet Responsibilities: If at the end of three
years, the improved value, or payroll thresholds are not
met, the property owners will reimburse the City of Denton
for the amount of the note. Consideration will be given for
any improvements that have occurred. The following formula
will be used in determining the liability of the property
owner.
Amount of Promissory Note
• Less increase in City of Denton annual property
tax revenues times ten years
Less any escrow agreement payments
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February 11, 1997 I
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Example: If City of Denton annual taxes on the 475-acre
tract were $30,000 on January 1997 and at the end of three
years taxes are $90,000, the increase in annual taxes would
equal $60,000. If, in addition, the property owners sold 5
acres of land and deposited $8,500 ($1,700 x 5) in an escrow
account, the formula would look like this:
Amount of Promissory Note $709,000
Less increase in annual taxes
times 10 years -6000000
Less escrow account =8,~.0O
Amount due from Property Owners $100,500
Recommendation: It is staff's recommendation that the City
Council enter into a memorandum of underutanding with N. W.
Realty, Inc. and Torrano Realty, Inc., in order to encourage the
development of the North Texas Research Center.
Please feel free to contact me, the City Manager or the City
Attorney if you have any questions regarding this agreement.
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ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE MAYOR TO EXECUTE
ON BEHALF OF THE CITY OF DENTON A MEMORANDUM OF UNDERSTANDING WITH
N.W. REl.LTY, INC. AND TERRANO REALTY, INC. RELATING TO ECONOMIC
DEVELOPMENT PROGRAM INCENTIVES FOR INTERNATIONAL ISOTOPES, INC.
(AIPC) TO EFFECTUATE AN EXPANSION OF OPERATIONS AND AN INCREASE IN
EMPLOYMENT LEVELS OF AIPC IN DENTON BY LOCATING FACILITIES IN THE
475 ACRE NORTH TEXAS RESEARCH CENTER AND DECLARING AN EFFECTIVE
DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the Mayor of the City of Denton is hereby '
authorized to execute on behalf of the City of Denton a Memorandum
of Understanding with N.N. Realty, Inc. and Terrano Realty, Inc.
relating to Economic Development Program Incentives for
International Isotopes, Inc., formerly Applied Isotope Products
Corporation (AIPC), to effectuate an expansion of operations and an
increase in employment levels of AIPC in Denton by locating
facilities in the 475 acre North Texas Research center, in
accordance with the attached Memorandum of Understanding, which is
incorporated herein and made a part hereof for all purposes.
SECTION II. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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Agenda Item-~_--
iD Date- 93?q~m-
CITY OF DENTON, TEXAS MUNIOPAL BUILDING • DENTON. TEXAS 76201 • TELEPHONE (817) 566-8307
Office of the City Manager
Date: February 07, 1997
To: Honorable Mayor Jack Miller and Members of the
City Council
From: Ted Benavides, City Manager
Subject: Final Recommendations of the Diversity Task Force
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Executfxe summarx;
At the City Council work session on November 12, 1996, Dr. Richard Lewis, Diversity Consultant and
members of the Diversity Task Force presented their Report of Findings and Recommendations
(Attachment 1). Together, Dr. Lewis and the Task Force submitted twenty (20) recommendations foryour
consideration.(Dr. Lewis' recommendations may be found in Attachment II). The recommendations, if
accepted, would affect the organization internally and the community externally. In addition, some of Dr.
Lewis' recommendations and those of the Task Force are overlap,ting. Finally, some items recommended
are currently being done.
Recommendations:
Staff would recommend that the City Council accept the following recommendations:
1 I . Impfcmcni Diversfrr bfanagemenr Panel: This panel should be chaired by the newly appointed
Director of Human Resources, consist of other management personnel that she might designate and be
charged with the responsibility of implementing the recommendations accepted by Council. The panel
• should be given a "sunset review date" at which time all recommendations should be completed and
the panel disbanded. During this time the existing Workforce Diversity Committee would continue to
Serve as an advisory group to the Human Resource Director.
2. Expand the CO's Internship Program: The current intermhip program should be expanded with a '
recruitment component aimed at attracting minority and female college students.
• J. EstaNish dfobflfh'Positiom: Temporary mobility positions should becreated within the City structure
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allowing individuals to cross train and improve their opportunities for upward mobility, Minority
employees should be targeted for a numberof these positions. 2-3 positions should be created and
they should be located in the City Manager's office.
`Dedicated to Quality Service"
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February 07, 1497 Diversity Task Force 2
4. Training for Unemployed and Underemployed: The City should continue to support programs such as
the Summer Youth Employment and Training Program administered by the North Texas Education
and Training Co-op.
5. Create an Employee Recruitment Plan: The City should work to consolidate its recruitment activities
in the Human Resource Department, rather than its existing departmental approach. This effort should
be adequately funded and include a focused approach to improve minority participation.
6. Off-site Civil Service Examinations: Off-site Civil Service testing should be considered. A systematic
study should be conducted to determine the best off-site testing venues.
7. Update Ci», Compensation Plan: The City should address its existing compensation plan and as soon
as possible bring pay ranges to "market". Improved recruitment efforts are contingent upon
competitive pay scales.
8. Finally, thou recommendations that have to do with Disadvantaged Business Enterp&e Goals and the
data collection methodologies associated with those goats should be investigated by the Executive
Director of Finance and City Attorney's Office with it report of findings and recommendations
submitted to the Council at a later data
Prottrsm%Departments or Groups Affected:
This will depend upon the recommendations approved by the City Council.
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Us cal l m pac l:
Again, this will depend upon the recommendations approved by the City Council.
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Respectfully Submitted,
Ted Benavides
• City!vtanager ~ ~ •
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ATTACHMENT[
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TASK FORCE RECOMMENDATIONS
Based on the Diversity Task Force findrgs. thirteen [131 recommendations are provided
for consideration and acceptance by the Denton City Counci,
■ Establish a Diversity Advisory Board. The 1-pique role of this task force identified
during the process of investigating diversity issues demonstrated the need for an advisor
board. This bo6rrd could be established and appointed on a year-to-year basis to be
determined by the City Council. Additicaally, the length of existence and composition
should be determined by the City Council.
■ Review Position Pay Ranges sod Increase to Improve Competitiveness. A number of
o:+er task force recommendations address recruitment efforts. Improved recruitment
efforts ire contingent on competitive pay scales
■ EstabWb a Diversity Information Database. To better manage and plan for an
increasingly diverse community and workforce environment. extensive statistical and
qualitative data should be collected to establish a database, Tl~s should be accomplished
through the efforts of a research consultanL The Diversity Task Force membership is
reflective of the community but is not, collectively, a representative sampling of views
and perceptions regarding diversity issues. The City of Denton should employ a
consultant to conduct a survey to solicit additional. more representative information on
internal and evtemal diversity issues identifed by this task force.
■ Track Language Barrier Contacts. The City should accurately track the number of
contacts from non-English speaking and non-speaking residents in order to improve its
services.
■ Placement of Bilingual Employees. Ilse City should place more bilingual employees in
service positions which interact directly with the customers, specifically in customer
service and emergency service operations. Employees rho are proficiently bilingual
should be paid a premium for this additional skill.
tr Diversity Task Force Meetings. The City and the Diversity Task Force should conduct
public meetings and focus group sessions to collect further :ommu pity input on diversity
• 1 issues These findings snould be used to assist in furthering diversity efforts initiated by
the City
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■ Contact Major Area Employers, The City should contact major employers and
institutions to assess the state of their diversity development efforts, This information
should be used to coordinate diversity management efforts bem"n private and not-for-
• r profit organizations and the City of Denton.
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■ Create Net-Aorks Mith Minority Chambers of Commerce. Network with both the
African-American and Hispanic Chambers of Commerce within the City of Denton and
with other minority organizations within Denton County, and other surrounding and
adjacent counties to disseminate information pertaining to conducting business with the
City of Denton.
This should include the following: Formalize writt.n information on the "bidding
process/pe aced ure" for the City of Denton, and make such information routinely
available. Establish mentor programs to assist the African-American and Hispanic
communities to grow in business development and ownership. Establish a support
system to assist in the completion of the various forts required to either set up business
with the City of Denton or to bid on the City of Denton government contracts. Establish
a central office/location to disseminate bid information and other pertinent information
for any interested minority vendors.
■ Assess Hardware and Software Support Capabilities. Evaluate hardware and software
systems used in the City's purchasing office to enable a more paperless process and to be
able to tag and identify the racial and ethnic statue of persons or person owned
entities/companies who are let contracts by the City of Denton. This includes utilizing
the existing Minority Business Dimtory as an initial source to begin the establishment of
a minority databases
a Implement Minority Busi,:eq; Procedures. Develop and implement a process and
procedure %%hich would designate a business as being -disadvantaged or underutilized."
This includes expanding the use of the HUB Directory to identify, minority vendors in
surrounding and adjacent counties. In addition, promoting frequent educational and
advertising efforts that promote public awareness of "How to Do Business with the City
of Denton" should be considered.
a Earmark Increased Funding for City Recruitment and Training of Personnel. More
funding will be needed to conduct more effective recruitment of personnel through t;4-eted
identification of potential minority candidate po)ls. Additionally, more funding will be
needed to prepare individuals for mobility opportunities within the city structure.
a Training for Unemployed and Undtrtmployed. Th° City should continue to support
programs such as the Summer Youth Emploj ment & Training program administered by the
North Texas Education and Training Co-op. r?te City should host ajob fair for '.he citizens
of Denton. r
a Minority Hiring in the Police and Fire Departments. The City should continue and
increase its efforts, attracting more minority, applicants. The City should focus some of its
recruitment efforts on community colleges The City should build partnerships with area
• colleges and universities by offering more ictemships to students attending these institutions. ® 0
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ATTACHMENT II
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ROUND TOP CONSULTING ASSOCIATES
11901 TOEPPERWEIN, SUITE 904
SAN ANTONIO, TEXAS 78233
(210)-599-6016111(800)-583-6016
U Rdwd L"s, k, PrcsAaM Fa (21 0h50%N 44
December 28, 1996
Mayor and Members
of the City of Denton City Council;
The diversity task force planning effort over the past nine (9) months has been extremely
successful. The City Council and members of the task force are to be commended. As the
facilitator of your City's diversity management initiatives, I strongly endorse the thirteen [13]
recommendations contained in the November 1996 Diversity Task Force Report. I suggest
you formally accept the report findings and proceed with plans to implement the
recommendations in a broad, time-phased approach.
Based on my experience in the facilitation process, I have identified additional diversity
areas of concern and developed recommendations for your consideration. I suggest that j
these be implemented along with the ones developed by the diversity task force. r`
■ Establish Disadvantaged Business Enterprise (DBE) Goals. The City Council I
should develop participation goals for DBEs in product and personat services
contracting activities. This initiative could result in a larger number of nonminority
companies creating networks and joint partnerships with minority companies. In
turn, opportunities improve for local, minority-owned companies.
■ Create An Employee Recruitment Plan. An extensive recruitment plan for the
City's civilian workforce should be established and implemented. Minority
participation could be improved with a focused approach. Turnover rates could be
reduced as a result of this effort.
■ Off-site Police Testing. Off-site police testing should be considered for improving
minority participation in the uniformed ranks. A systematic study should be
conducted for determining the best off-site testing venues.
■ Establish Mobility Positions. Temporary mobility positions should be created
within the City structure allowing individuals to cross train and improve their
oppc-olin ties for upward mobility. Minority employees should be targeted for a
• number of these positions. 2-3 positions should be created and they should be i 0
located in the City Managers office.
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■ Expand the City's Internship Program. The current internship program should
be expanded with a recruitment component aimed at attracting minority and female
college students.
■ Implement Diversity Managoment Panel. Develop and implement an internal
mechanism for focusing diversity efforts and place management responsibility in the
hands of executive management. This would coordinate City Council and internal
workforce diversity committee initiatives.
■ Update City Compensation Analysis. The City should update its current
compensation study database to determine what effect position salary levels have
on turnover rates, especially minority employee turnover rates.
I look forward to working with your City in its continuing diversify management efforts.
Further questions and inquiries may be directed to me at 800-583-6016.
Sincerely,
Richard Lewis, Jr., PhD
President
Round Top Consulting Associates
cc Ted Benavides, City Manager
Herb Prouty, City Attorney
Diversity Task Force Members
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Agenda Item
Date_ MP
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C17Y of DENTON, TEXAS MUNICIPAL. 80L DING ~ 215 E. MCKINNEYs DENTON, TEXAS 76201
(817) 566.8200 P DFW METRO 434.2529
MEMORANDUM
DATE: February 11, 1997
TO: Mayor and City Council Members
FROM: Linda Ratliff
Director of Economic Development
SUBJECT: Texas Department of Transportation (TxDOT)
Routine Airport Maintenance Program (RAMP)
The Texas Department of Transportation has initiated a new
Routine Airport Maintenance Program (RAMP). Staff visited with
TxDOT representatives regarding participation in the program and
were very pleased with TxDOT's commitment. We were informed that
T%DOT firmly believes that proper facility maintenance will
prevent many serious safety problems from developing. Since many
airports do not have the staff or the money to maintain their
facilities properly, TxDOT designed the RAMP program as a way to
help. In the past, it has fallen upon the City to incur all
maintenance costs at our airport. The RAMP program provides up
to $10,000 each year In TxDOT funds and requires a 50:50 match on
the part of the airport. Here's how the program works:
1. only airports that participate in the RAMP program will
receive TxDOT funds.
2. Every year TxDOT representatives inspect each participating
airport to identify maintenance needs. (There are eleven
airports in our region.)
3. TxDOT provides each airport with a listing of eligible
projects and the estimated cost. Should a project's cost
exceed $20,000, the airport would be required to pay for any
amount over TxDOT's $10,000. For example: If a project's
costs were $22,000, TxDOT would fund $10,000 and the airport
• would fund $12,000. •
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Mayor and Council Members
February 11, 1997
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4. Airports must then decide whether to participate in any one
or all of that year's project(s). An airport may decline to
participate in all maintenance projects for any given
year(s).
5. Airports then advise TxDOT of the selected project(s) and
submit their matching payment.
6. TxDOT bids out all projects for all of the airports in the
region to create a cost savings.
7. TxDOT manages all projects.
1997 Eligible Projects for the Denton Municipal Airport
PROJECT TOTAL TXDOT COST TO
COST GRANT CITY
Erosion control - reseeding $ 328 $ 164 $ 164
of drainage channels parallel
to southeast entrance.
Yellow paint and bead stripe 421 211 210
south access road to T-
hangars.
Reshaping of drainage 451 225 226
channels parallel to
southeast entrance.
Joint and crack seal apron 18,166 91083 91083
and longitudinally on runway.
Chemical vegetation control. 60 30 30
Herbicide 3-foot wide strip j
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ramp.
Totals 519,426 $9,713 ;9,713
Recommendation:
• 1. Since the City of Denton must participate in the RAMP • •
program in order to receive any future TxDOT funds, staff
recommends that City Council approve a contract between the
City of Denton and the Texas Department of Transportation.
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Mayor and Council Members
February 11, 1997
Page 2
2. Staff recommends approval of all of the 1997 eligible
projects listed above at a total cost of $9,713.
3. Staff requests permission to use $9,713 from the Economic
Development Corporation's (EDC) budget for this purpose.
Attached is a summary of the EDC's expenditures and ending
balance. As you can see, this statement includes our
obligation to the Chamber of Commerce for this fis.al year.
Please let me know if you have any questions regarding the RAMP
program or any of the proposed projects.
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Economic Development Corporation of Denton, Inc.
PROJECTED FUND SUMMAPY
FOR FISCAL YEAR 1996-07
FUND BALANCE OOTOBER i, im 29,796
PLUS BUDGETED CONTRIBUTInNS
CITY OF DENTON v£NERAL FUND 62,320
CITY OF DENTON UTILITY FUND 86,000 '
PLUS OTHER REVENUE
INTEREST INCOME 327
TOTAL PROJECTED FUNDS AVAN ABLE 197.413
LESS
CHAMBER OF COMMERCE 181,420 '
LESS
EXPENSES TO DATE
CORNERSTONE GROUP 6,260
RAMA'S 27
CITY OF DENTON 8o
ST OFFICE SUPPLIES 89
COPY CHARGES 9
SECRETARY OF STATE 6
TOTAL PROJECTED FUNDS AVAILABLE 29,663
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TEXAS DEPARTMXNT OF TRANSPORTATION
GRANT FOR ROUTINE AIRPORT MAINTENANCE GROGRAM
(state Assisted Airport Routine Maintenance)
TxDOT CSJ No.: AMISDNTON
Part I - Identification of the Project
TO: The City of Denton, Texas
FROM: The State of Texas, acting through the Texas Department of
Transportation
This Grant is made and entered into by and between the TEXAS
DEPARTMENT OF TRANSPORTATION , (hereinafter referred to as the "State"),
for and on behalf of the State of Texas, and the City of Denton, Texas,
(hereinafter referred to as the "Sponsor").
WITNESSETH:
WHEREAS, the Sponsor desires to sponsor a project for the routine
maintenance of a public aviation facility, known or to be designated as the
AIRPORT under the Transportation Code, Chapter 22; and
WHEREAS, the project is described as airport maintenance at the
Denton Municipal Airport; and
WHEREAS, the Sponsor hereby applies for a grant for financial
assistance and desires the State to act as the Sponsor's agent in matters
connected with the project described above; and
WHEREAS, the parties hereto, by this Grant, do hereby fix their
respective responsibilities with reference to each other and with reference
to the accomplishment of said project.
NOW, THEREFORE, for and in consideration of the benefits which will
accrue to the parties hereto by virtue of the completion of the project,
17' IS MUTUALLY COVENANTED AND AGREED as follows:
AVN4301.FRM (10-4-95) Page 1 of 10
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Part II - Offer of Financial Assistance
1. For the purposes of this Grant, the annual routine maintenance
project cost, Amount A, is estimated as found on Attachment A, Scope
of services, and as found on amendments thereto, all being attached
hereto and made a part of this Grant.
State financial assistance granted herein will be used solely and
exclusively for airport maintenance. Actual work to be performed
under this agreement is found on Attachment A, Scope of Services.
State financial assistance, Amount B, will be for fifty percent (502)
of the eligible project costs for this project or $10,000.00, which
ever is less, per fiscal year and subject to availability of state
appropriations.
The Sponsor may request the State to provide mowing services, such
services to be provided at the discretion of the State. However,
mowing services will not be eligible for state financial assistance.
Sponsor will be responsible for 1003 of costs of any mowing services.
Scope of Services, Attachment A, of this Grant, may be amended,
subject to availability of state funds, to include any additional
airport maintenance work as requested by the Sponsor by written
request and submittal of an Amended Scope of Services, Attachment A.
Services to be performed under the amended scope will not be
accomplished by the State until receipt of Sponsor's share of project
costs.
2. The State shall determine fair and eligible project costs for work
scope. Sponsor's share of estimated project costs, Amount C, shall
be as found on Attachment A and any amendments thereto.
It is mutually understood and agreed that if, during the term of this
agreement, the State determines that if there is an overrun in the
estimated annual routine maintenance costs, the State may increase
the grant to cover the amount of overrun by fifteen (152) percent or
$2,000, whichever is greater, and will advise the sponsor by letter
of the increase. Upon issuance of the aforementioned letter, the
maximum obligation of the State and Sponsor is adjusted to the amount
specified. Should the estimated costs be exceeded by tie fifteen
(152) percent or $2,000, whichever is greater an amendment to the
grant will be issued.
The State will not authorize expenditures in excess of the dollar
amounts identified in this Agreement and as referenced in the above J
paragraph and any amendments hereto, without the consent of the
Sponsor.
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3. Sponsor, by accepting this Grant certifies and, upon request, shall
furnish proof to the Stare that it has sufficient funds to meet its
share of the costs as heretofore stated. The Sponsor hereby grants
to the State the right to audit any books and records of the Sponsor
to verify said funds. In addition, the Sponsor shall disclose the
source of all funds for the project and its ability to finance the
project.
Upon execution of this Agreement and written demand by the State, the
Sponsor's financial obligation (Amount C) shall be due in cash and
payable in full to the State. State may request the Sponsor's
financial obligation in partial payments. Should the Sponsor fail
to pay said obligation, either in whole or in part, within 30 days
of written demand, the State may exercise its rights under Paragraph
III-5 hereof. Likewise, should the State be unwilling or unable to
pay its obligation in a timely manner, the failure to pay shall be
considered a breach and the Sponsor may exercise any rights and
remedies it has at law or equity.
The State will not participate in funding for force account work
conducted by the Sponsor.
The State shall reimburse or credit the Sponsor, at the financial
closure of the project, any excess funds provided by the Sponsor
which exceed Sponsor's share (Amount c).
4. The Sponsor specifically agrees that it shall pay any project costs
which exceed the amount of financial participation agreed to by the
State. It is further agreed that the Sponsor will reimburse the
State for any payment or payments made hereunder by the State which
are in excess of the percentage of financial assistance (Amount S)
as heretofore stated in Paragraph II-2.
5. Upon satisfaction of the conditions specified in Paragraph II-1
above, this Grant shall terminate. The term of this grant may be
extended by the execution of an Amendment to the Agreement.
6. In accepting this Grant, the Sponsor guarantees that:
a. it will, in the operation of the facility, comply with all
applicable state and federal laws, rules, regulations,
procedures, covenants and assurances required by the State in
connection with this Grant: and
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b. the Airport or navigational facility which is the subject of 1 `
this Grant shall be controlled for a period of at least 20
years; and
c. consistent with safety and security requirements, it chall make
the airport or air navigational facility available to all
types, kinds and classes of aeronautical use without
• discrimination between such types, kinds and classes and shall •
provide adequate public access during the period of this Grants
and
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d. it shall not grant or permit anyone to exercise an exclusive
right for the conduct of aeronautical activity on or about an
airport landing area. Aeronautical activities include, but are
not limited to scheduled airline flights, charter flights,
flight instruction, aircraft sales, rental and repair, sale of
aviation petroleum products and aerial applications. The
landing area consists of runways or landing strips, taxiways,
parking aprons, roads, airport lighting and navigational aids;
and
e. it shall not enter into any agreement nor permit any aircraft
to gain direct ground access to the sponsor's airport from
private property adjacent to or in the immediate area of the
airport. Further, Sponsor shall not allow aircraft direct
ground access to private property. Sponsor shall be subject to
this prohibition, commonly known as a "through-the-fence
operation," unless an exception is granted in writing by the
State due to extreme circumstances; and
f. it shall not permit non-aeronautical use of airport facilities
without prior approval of the State; and
g. the Sponsor shall submit to the State annual statements of
airport revenues and expenses when requested; and
h. all fees collected for the use of the airport shall be
reasonable and nondiscriminatory. The proceeds from such fees
shall be used solely for the development, operation and
maintenance of the airport or na✓igational facility; and
i. an Airport Fund shall be established by resolution, order or
ordinance in the treasury of the Sponsor, or evidence of the
prior creation of an existing airport fund or a properly
executed copy of the resolution, order, or ordinance creating
such a fund, shall be submitted to the State. All fees,
charges, rents, and money from any source derived from airport
operations must be deposited in said Airport Fund and shall not
':e diverted to the general revenue fund or any other revenue
fund of the Sponsor. All expenditures from the Airport Fund
shall be solely for airport purposes. Sponsor shall be
` ineligible for a subsequent grant or loan by the State unless,
prior to such subsequent approval of a grant or loan, Sponsor
has complied with the requirements of this subparagraph; and
j, insofar as it is reasonable and within its power, Sponsor shall
adopt and enforce zoning regulations to restrict the height of
structures and use of land adjacent to or in the immediate
vicinity of the airport to heights and activities compatible
with normal airport operations as provided in Tex. Loc. Govt.
Code Ann. 35 241.001 et seq. (Vernon and Vernon Supp.).
Sponsor shall also acqu.re and retain avigation easements or
other property interests in or rights to use of land or
_ airspace, unless sponsor can show that acquis'tion and O
retention of such interest will be impractical or will result
in undue hardship to Sponsor. Sponsor shall be ineligible for
AVN4301.F,ZN (10-4-96) Page 4 of 10
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a subsequent grant or loan by the State unless Sponsor has,
prior to such subsequent approval of a grant or loan, adopted
and passed an airport hazard zoning ordinance or order approved
by the State.
7. The Sponsor shall save harmless the State, the State's agents,
employees or contractors from all claims and liability due to
activities of the Sponsor, the Sponsor's agents or employees
performed under this agreement. The Sponsor shall also save harmless
the State, the State's agents, employees or contractors from any and
all expenses, including attozney fees which might be incurred by the
State in litigation or otherwise resisting said claim or liabilities
which mignt be imposed on the State as the result of such activities
by the Sponsor, the Sponsor's agents or employees.
S. The Sponsor's acceptance of this offer and ratification and adoption
of this Grant incorporated herein shall be evidenced by execution of
this instrument by the Sponsor, as hereinafter provided, and said
Grant shall comprise a contract, constituting the obligations and
rights of the State of Texas and the Sponsor with respect to the
accomplishment of the project and the operation and maintenance of
the airport. Such Grant shall become effective upon execution of
this instrument and shall remain in full force and effect for a
period of 20 years,
if it becomes unreasonable or impractical to complete the project,
the State may void this agreement and release the Sponsor from any
further obligation of project costs.
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PART III - Nomination of the Agent
1. The Sponsor hereby de319nates the State as the party to receive and
disburse all funds used. or to be used, in payment of the costs of
said project, or in reimbursement to either of the parties hereto for
costs incurred.
2. The State shall, for all purposes in connection with the project
identified above, be the Agent of the Sponsor. The Sponsor herewith
grants the State a power of attorney to act as its agent to perform
the following services:
a. accept, receive, and deposit with the State any and all project
funds granted, allowed, and paid or made available by the
Sponsor, the State of Texas, or any other entity;
b. exercise such supervision and direction of the project work as
the State reasonably finds appropriate. Where there is an
irreconcilable conflict or difference of opinion, judgment,
order or direction between the State and the Sponsor, and any
service provider the State shall issue a written order which
shall prevail and be controlling;
C. receive, review, approve and pay invoices and payment requests
for services and materials supplied in accordance with the
State approved contracts;
d. obtain an audit as may be required by state regulations;
3. Upon entering into this Grant, Sponsor hereby agrees to name an
individual, as the Sponsor's Authorized Representative, who shall be
the State's contact with regard to this project, and which individual
shall have the authority to make approvals and disapprovals, and
coordinate schedule for work items as required on behalf of the
Sponsor.
4. This Grant is executed for the sole benefit of the contracting
parties and is not intended or executed for the direct or incidental
benefit of any third party. Furthermore, the State shall not be a
party to any other contract or commitment which the Sponsor may enter
into or assume, or have entered into or have assumed, in regard to
the above project.
5. It is the intent of this grant: to not supplant local funds normally
• utilized for airport maintenance; and that any state financial
assistance offered under this grant be in addition to those local
funds normally dedicated for airport maintenance.
6. This Grant is subject to the applicable provisions of the
Transportation Code, Chapters 21 and 22, and the Airport Zoning Act,
Tex. Loc. Govt. Code Ann. SS 241.001 et seq. (Vernon and Vernon
• Supp.). Failure to comply with the terms of this Grant or with the O •
aforenentioned rules and statutes shall be considered a breach of
this contract and will allow the State to pursue the remedies for
breach as stated below.
AVN4301.FRM 110-4-961 Page 6 of 10
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a. of primary importance to the State is compliance with the terms
and conditions of this Grant. If, however, after all
reasonable attempts to require compliance have failed, the
State finds that the Sponsor is unwilling and/or unable to
comply with any of the terms of this Grant, the State, may
pursue any of the following remedies: (1) require a refund of
any financial assistance money expended pursuant to this Grant
herein, (2) deny Sponsor's future requests for aid, (3)
request the Attorney General to bring suit seeking
reimbursement of any financial assistance money expended on the
project pursuant to this Grant herein, provided however, these
remedies shall not limit the State's authority to enforce its
rules, regulations or orders as otherwise provided by law, (4)
declare this Grant null and void, or (5) any other remedy
available at law or in equity.
b. Venue for resolution by a court of competent jurisdiction of
any dispute arising under the terms of this Grant, or for
enforcement of any of the provisions of this Grant, is
specifically set by Grant of the parties hereto in Travis
County, Texas.
7. The State reserves the right to amend or withdraw this Grant at any
time prior to acceptance by the Sponsor. The acceptance period
cannot be greater than 30 days after issuance unless extended by the
State.
8. This Grant constitutes the full and total understanding of the
parties concerning their rights and responsibilities in regard to
this project and shall not be modified, amended, rescinded or revoked
unless such modification, amendment, rescission or revocation is
agreed to by both parties in writing and executed by both parties.
9. All commitments by the Sponsor and the State hereunder are subject
to constitutional and statutory limitations and restrictions binding
upon the Sponsor and the State (including 5 and 7 of Article 11
of the Texas Constitution, if applicable) and to the availability of
funds which lawfully may be applied.
10. This grant is subject to approval as to form by the Attorney General
of the State of Texas.
Part IV - Acceptance of the Sponsor
The City of Denton, Texas does hereby ratify and adopt all
statements, representations, warranties, covenants and agreements
constituting the described project and incorporated materials referred to
in the foregoing Grant, and does hereby accept the offer, and by such
acceptance agrees to all of the terms and conditions of the Grant thereof.
S Executed this day of 19
__Ue City of Denton, Texas • •
Sponsor
AVN4301.FRM (10-4-96) Page 7 of 10 1
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_ Witness
Signature Signature
Title Title
Part V - Certificate of Attorney
I, acting as attorney for
Texas, do hereby certify that I have fully
examined the foregoing Grant and the proceedings taken by said Sponsor
relating thereto, and find that the manner of acceptance and execution
thereof, of the said Grant by said Sponsor, is in accordance with the laws
of the State of Texas.
Dated at Texas, this day of
19
Witness Signature Attorney Signature
Title Title
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Part VI - Attorney General's Approval
This contract is approved as to form.
,ttornev General of Texas
By:
Assistant Attorney General
Date:
Part VII - Execution by the State
STATE OF TEXAS
TEXAS DEPARTMENT OF TRANSPORTATION
By:
Date:
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AVN4301.FRM (10-4-96) Page 9 of 10 t
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Attachment A
Scope of Services
TxDOT CSJ No.AMI8DNTON
PAVLMENTS - Ii MAC S 0 $ 0 S 0
EROSION CON FRO], $ 328 S 164 S 164
PAVENIE.NT MARKINGS $ 421 IS 211 S 210
(.RAI)ING/I)RAINAGE S 451 S 225 $ 226
MISCE.LIANEOUS
CRACK SEAL $ 18,166 $ 9,083 $ 9,083
HERBICIDING S 60 $ 30 $ 30
MOWING $ 0
Total $ 19,426 S 9,713 $ 9,713
Accepted by: The City of Denton, Texas
Sponsor Signature
Date
Amendment Number _ (if applicable?
Notes: (explanations of any specifications or variances as needed for above
scope items)
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CERTIFICATION OF AIRPORT FUND
(Name) (Title)
do hereby certify that the Airport Fund has
(Name of Fund)
been established for the City of Denton, and that all fees, charges, rents,
and money from any source derived from airport operations will be deposited
for the benefit of the
Airport Fund and will not be diverted for
(Name of Fund)
other general revenue fund expenditures or any other special fund of the
City of Denton and that all expenditures from the Fund will be solely for
airport purposes.
Dated at , Texas, this day of
(City or County)
19
City of Denton
(Sponsor)
By:
Title: _
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AVN4301.FFtM (10-4-96)
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DESIGNATION OF SPONSOR'S AUTHORIZED REPRES£NTATTVE
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(Name) (Title)
hereby designate as the Sponsor's
(Name, Title)
authorized representative for TxDOT CSJ Number AMI8DNTON, who shall have
the authority to make approvals and disapprovals as required on behalf of
the Sponsor.
The City of Denton has caused this to be duly executed in its name, th.is
day of , 19_.
City of Denton
(Sponsor)
By:
Title:
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ROUTINE AIRPORT MAINTENANCE PROGRAM
SCOPE OF WORK
AIRPORT: Denton UiAcipel i MAINT. SUPERVISOR: Kieth Nabors
LOCATION: Rt I Box 5000 Ainul Road C BjQL Texas- 76205 TELF.PIIONF: 817.387-1324
FAX
SPONSOR: City of Demon
TFLFPFIONP. .817-383-7736 PERIOD. FY 97' TO.
FA.X :
WORK DESCRIPTION LOCATION ON AIRPORT UNIT OF TIDOT COST QUANTITY OF COST
(SEE SKETCH) WORK PER UNIT WORK EXTENSION
14.
Base Rgairs
Point Repair
11 MAC - 2" oecriay 9210 (210 [MY)
Fog Seal
f ' t
Joint and Crack: Seal - Rcm 352-0507 Apron & longitudinally on L F. 50.31 58,600 S18,166
Runways Linear
Meyer
Nulling
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SUS-TOTAL 518,166 E.
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ROUTINE AIRPORT MAINTENANCE PROGRAM
SCOPE OF WORK
AIRPORT: Mnlon Munucinal Aia= MAINT. SUPERVISOR: Kieth Nabors
LOCA11ON Q l 130,,5000 AirMM Road Denton Texa& 76205 TELLPHONE 817-367-1324
FAX A
SPONSOR City of Denim _
1 LI.fiPHONE .817.383-7736 PMOD; F Y 97' _ TO.
FAX,
a
WORK DESCRIPTION LOCATION ON AIRPORT LNITOF TiDOT COST- QUANTITY OF COST
(SEE SKETCH) WORK PER UNIT WORK EXTENSION
Cc.
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Sctcti~+inp
Chemical Vepetutirn Control -f Icfiicide edpk~s (3'c% idc ,trip) Rumvay, Taxiaays, Ramp acres 532.52 /acre 26,520 LF S60
SUB-TOTAL
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WN-1'R' Rctkctvrs, Centerline I Ldgc Spccifq
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Paint & Wad Stnpe Other - Specify
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ROUTINE AIRPORT MAINTENANCE PROGRAM
SCOPE OF WORK (CONTINUED)
Yello%% Paint & Bead Stripe - 6"i1em 0666-0538 S Access Rd to T-Hangars LF $AO 1052' $421 '
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Paint & Bead Stripe - 18"
Paint & Bead Stripe - 24"
Paint & Bead Stripe - 36'
SUB-TOTAL -
WORK DESCRIPTION LOCATION ON AIRPORT UNIT OF TsDOT COST QUANTITY OF COST
(SEE SKETCH) WORK PER UNIT WORK EXTENSION
Wading - item 150-5003 Reshaping of drainage channels FIR $56341br 8111 5451
Parrallei to SE Entrance
Erosion Control - Scedir.g Rc-Seeding of drainage channels Ac so.I9/SY 0.3765 $328
Parrallcl to S E. Entrance
GRANDTOTAL $19,426 ~y{
• Unit cost based upon TU)OT Maintenance Managep.-mcnt Information Systems - District Wide Main tennnce Efficiency and Analysis Report -Figures reported &v
tvr1 trmcd inhouse unless denoted CONT" indicating contracted.
* c l snit Cosl b&sed upon T- WT Statewide average lax bid unit prices (12 month average)
AVN 4 3 01C . FRM Page 3 of 3
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Agenda
Agenda Item 3.~.
~~97 -
. Date
CITY of DENTON, TEXAS MUNICIPAL BUILDING ~ 215 E. McKINNEY • DENTON, TEXAS 76201
(817) 566.8200 • DFW METRO 434.2529
MEMORANDUM
DATE: February 11, 1997
TO: Mayor and City Council Members
FROM: Linda Ratliff
Director of Economic Development -
SUBJECT: Airport Improvement Plan (AIP)
Our Airport Master Plan, which was approved by the Federal
Aviation Administration (FAA) and completed in April, 1995,
outlined several planned improvements for the Denton Municipal
Airport. Two Airport Improvement Plan (AIP) projects were
scheduled for this year.
Ln the past, the City of Denton has worked directly with the FAA
in obtaining grant funds at a 90:10 cost sharing ratio. (The FAA
funds 90% and the City of Denton funds 10i.) This year, FAA funds
will pass through the Texas Department of Transportation (TxDOT).
staff met with FAA and TxDOT representatives last month to
determine how the change in grant administration might impact the
Denton Municipal Airport. We were advised that although there
might be changes in some of the paperwork and procedures,
projects would still be ranked In accordance with FAA standards
and priority.
Our meeting revealed that AIP funds are extremely low due to the
fact that the FAA is no longer collecting the 10% passenger tax
and other excise taxes. We were informed that only safety-related
projects with a high priority will be eligible this year. This
will have the following impact on our two AIP projects:
PROJECT #1: Reconstruction of the terminal apron at a cost of $1
million will not be considered this year.
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Mayor and Council Members
February 11, 1997
Page 2
PROJECT t2: Improvements to the runway safety area (north end)
at a cost of $100,000 may be considered. This project involves
moving the fence at the north end of the airport and leveling the
area north of the runway. Although this project is classified as
safety-related, the ranking level is moderate rather than high.
We were told the project has a 50% chance of receiving funds.
If the City Council wishes staff to apply for these funds, we
must prepare a resolution informing TxDOT that we will commit
$10,000 as our 90:10 match.
Recommendation: It is staff's recommendation that we proceed and
request funding through TxDOT in the event grant funds become
available. Staff recommends that the City Council consider
setting aside $10,000 from the Economic Development Corporation's
(EDC) budget for this purpose. Attached is a summary of the
EDC's expenditures and ending balance. As you can see, this
statement includes our obligation to the Chamber of Commerce for
this fiscal year.
A sample resolution is provided for your review. Please let me
know if you have any questions.
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Economic D&MopmeM Corporetlon of Denbo, Inc.
PROJECTED FUND SUMMARY
FOR FISCAL YEAR 190"?
FUND BALANCE OCTOOM 1, 1996 29,796
PLUS BUDGETED CONTRIBUTIONS
WY OF DENTON GENERAL FUND 82,320
CITY OF DENTON UTILITY FUND 86,000 '
PLUS OTHER REVENUE
INTEREST INCOME 327
TOTAL PROJECTED FUNDS AVAILABLE 197,443
LESS
CHAMBER OF COMMERCE 161,420
LESS
EXPENSES TO DATE
CORNERSTONE GROUP 6,260
RAMA'S 27
CITY OF DENTON 60
BT OFFICE BUPPLIES 89
COPY CHARGES 9
SECRETARY OF STATE 6
TOTAL PROJECTED FUNDS AVAILABLE 20,663
• PROJECTED
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Ti\WPD0CS\RES\RUNWAYI7.R
RESOLUTION NO.
A RESOLUTION OF THE CITY OF DENTON, TEXAS, AUTHORIZING THE
EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF DENTON AND THE TEXAS
DEPARTMENT OF TRANSPORTATION TO PROVIDE FINANCIAL ASSISTANCE FOR
CERTAIN IMPROVEMENTS TO THE DENTON MUNICIPAL AIRPORT; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of Denton intends to make certain
improvements to the Denton Municipal Airport; and
WHEREAS, the general description of the project is described
as "improvements to Runway 17 Safety Area"; and
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WHEREAS, the City of Denton intends to request financial
assistance from the Texas Department of Transportation for these
improvements; and
WHEREAS, the City of Denton intends to name the Texas
Department of Transportation as its agent for the purposes of
applying for, receiving and disbursing all funds for these
improvements and for the administration of contracts necessary for
the implementation of these improvements; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENPON HEREBY RESOLVES:
SECTION I. That the City Council authorizes and directs the
City Manager, or his designee, to execute an agreement with the
Texas Department of Transportation, and such other parties as shall
be necessary and appropriate for the implementation of the
improvements to the Denton Municipal Airport.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
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JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
` BY:
J APPROVED AS TO LEGAL FORM: i
HERBERT L. PROUTY, CITY ATTORNEY
BY.,
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Agenda No.
Agenda Item
Dote ~
CITY OF DENTON, TEXAS MUNICIPAL BUILDING • DENTON, TEXAS 76201 • TELEPHONE (817) 586-8307
Office of the City Manager
MEMORANDUM
DATE: February 7, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: CITY HALL RENOVATION
On February 11, 1997, staff will present the phasing of the construction for the City
Hall renovation. We will also review the temporary relocation of City Council
meetings during the renovation of the Council Chambers. We have attached color
coded maps of the Construction Phasing Plan and the reasons for the committee's
recommendation for the temporary relocation of Council meetings to the Denton
Munici ompIaX.
Rick Svehla
RS. of
AMM009AE
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LOWER LEVEL PLAN
FLOOR PLAN I
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TEMPORARY RELOCATION OF CITY
COUNCIL MEETINGS TO DENTON
MUNICIPAL COMPLEX
• ALLOWS FOR ALL COUNCIL MEETINGS TO BE
HELD IN ONE LOCATION
Exec Sessions: Police Training Room (DMC)
Regular Sessions: Jury Selection Room (DMC)
• REGULAR AND WORK SESSIONS WILL BE
BROADCAST LIVE
• GOOD VISUALS AND ACOUSTICS
• SEATING FOR 100 CITIZENS
•I I
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• ADEQUATE AND CONVENIENT CITIZEN PARKING t _
3
Loom
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Agenda No.
Agenda Ile
CITY OF DENTON Date
Memorandum
TO: Mayor and City Council Members
Ted ganavides, City Manager
FROM, Ross Chadwick, Emergency Management Coordinator
DATE: February 11, 1997
SUBJECT: EMERGENCY MANAGEMENT PROGRAM I
C/TV COUNCIL WORKSHOP OVERVIEW • February If, 1887: E
The Workshop for Council scheduled for February 11, 1997, presents a short overview of the City's
new Emergency Management Program. This is just the beginning of establishing the City of Denton
as a "Leading Edge" City and Community in disaster preparedness. Obviously, we have a long, but
challenging, ways to go.
Training wi!I be scheduled for the next several months, both to Council and Staff. A Table Top
Exercise will also be set for Council and Staff in April as an opportunity to get comfonabte using the
plan.
Some ideas will also be discussed on how to get other important community emergency management
partners involved m ore closely wiry, ine City.
As Emergency Manager • mt Director, the Mayor of the City of Denton is charged with the
responsibility to dew-',op and implement an Emergency Management Program for the City of Denton.
This multihazard emergency management plan addresses the City's planned response to
extraord r jy emergency situations associated with natural disasters, technological incidents and
other 1,uman-caused emergencies.
The plan is a preparedness document • bd@nAid JR 4s? r#Md tied tinderstood (eye an
lomergiancy, It is designed to include the City of Denton as part o( a statewide emergency
management system.
This plan does not apply to day-today emergencies and the well established and routi,,e procedures
used in coping with those emergencies. Instead, the operational concepts reflected in this plan focus
• on those extraordinary emergencies and unique situations which pose threats to life and property and
the overall well-being of the community. The situations addressed by this plan are those In which the
actions of many different agencies must be coordinated,
The City of Denton's emergency management program combines the four phases of emergency
management into a comprehensive program:
• • Mitigation Phase: Those activities which eliminate or reduce the probability of disaster, • O
• Preparedness Phase: Those activities which governments, organizations and individuals
develop to save lives and minimize damage.
NOV page ±
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City of Denton
EMERGENCY MANAGEMENT PROGRAM
• Response Phase: Those activities that follow a disaster and are designed to prevent loss of
lives and property and provide emergency assistance.
Recovery Phase: Short-term and long-term activities which return all systems to normal or
improved standards.
The City of Denton's Emergency Management Program has been organired Into FOUR PARTS
as follows:
PAA[rON£• A4ZyERGENCYNA*-WEREEA(TPJAAf
it provides overall organizational and operational concepts of responding to the various types of
hazards that may impact the City of Denton.
P.ABrnW FAIN rl9WAL eete!€KCS
Functional annexes describe the emergency organization. Each Annex is supported by Emergency
Action Checklists for all positions in the emergency management organization.
The following Annexes are In Pant Two of the City of Denton Emergency Management Plan:
ANNEX A Warning
ANNEX 0 Communicatlons
ANNEX C Shatter and Mass Care
ANNEX D Radiological Protection
ANNEX E Evacuation
ANNEX F Fire Services
ANNEX O Law Enforcement
ANNEX H Health and Medical
ANNEX 1 Emergency Public Information
ANNEX J Damage Assessment
ANNEX N Public WorkslEnt ineering
ANNEX L Uti1111ss
ANNEX M Resource Management
ANNEX N EOC/Direction and Control
1% ANNEX O Human Services f
i ANNEX P Hazard Mitigation i
ANNEX Q Hazardous Materials Response l
ANNEX R Rescue
ANNEX S Transportation
ANNEX T Training
ANNEX U Legal
ANNEX V Public Library Services
Q Individuals and agencies assigned emergency responsibilities within this plan will prepare appro,xiate . O
supporting plans and related Standard Operating Procedures (SDP's), periodically review and update
alerting procedures and resource listings, and maintain an acceptable level of preparedness to
implement portions or ail of the plan.
EVOV Page 2
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City of Denton
EMERGENCY MANAGEMENT PROGRAM
PAR ZN i EWAVEALY/NPOAMAT/ONQ~/QE
This is a basic informational ;,fide for use by all City Departments in the event an emergency situation
occurs which necessitates the k aivation of the EDC. This Guide does not replace the City's Basic
Emergency Management Plan ar.1 its associated Annexes, but, rather gives basic information in a
format that is easy to understand ano quick to use with functional checklists.
PAR FouR: OPMTIOM4 DATA
Contains listings of resources, key personnel, essential facilities (lodging, feeding, fallout shelters,
etc.), contracts and other data needed for conducting emergency operations. Much of this information
will also be part of functional annexes; however, all this operational data will be compiled into one
source - Part Four.
I am available to meet with Council Members to discuss the City's Emergency Management Program
in detail, especially as it relates to the City Council. Please call me If you have any questions or would
like to schedule a meeting.
ROSS CHADWICK
Fire Chief/Emergency Management Coordinator
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City of Denton
Emergency
Management
Program
.ly OVERVIEW ~
J February 11 . 1997
•
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Part 1
BASIC j
PLAN
Part ?
FUNCTIONAL ANNEXES
Annex A Annex H Annex P Annex N
blaming Health 6 Huard
Medical Mitigation EOC
Direction
Annex B Annex I Annex n
Communl- Public ~ Control
catlons information Hu Mat
Annex C Annex J Annex R
Damage Rescue
Mass Can Assessment
Annex O Annex K Annex S
Radio- Public Works ransporlat
logical Engineering
Annex E Annex L Annex T
Evaoistion WiltIts Training
Annex F Annex M Annex U
Sank. Resources Legal
Annex G Anne
lr0 Annex Y
Law Human
Enforcement orvkss Library .
1 Park, 3
o EMERGENCY INFORMATION GUIDE
Part 4
OPERATIONAL DATA
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"..r r•-.a.xa r, w .c...v.x. vuawe.r o-. -..mpryr:ae,f43e^i^. ♦'1cYUaVCAMr)'21R!.i`inaTi>V!
Phases of comprehensive
Emergency/Disaster
Management
The FOUR commonly used Phases of
Comprehensive Emergency Management are:
♦ MITIGATION
♦ PREPAREDNESS
♦ RESPONSE
♦ RECOVERY
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EMOH12
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What Does This
PLAN Do?
♦ Assigns responsibilities for carrying out
specific actions at projected times and
places in an emergency.
♦ Sets forth lines of authority and
organizational relationships.
♦ Describes how people and property will be
protected in emergencies and disasters.
♦ Identifies personnel, equipment, facilities,
supplies and other resources availabls• -
boCi within the organization and outside
the organization by way of agreements,
contracts, and mutual aid.
o~
♦ Emphasizes a Comprehensive Emergency
Management Program.
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What This PLAN Does
NOT Do!
♦ Makes NO guarantees for success when
disaster strikes just because we have a
PLAN.
♦ Doesn't do anything unless its understood
and practiced (oftenl).
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- . ,....w.... ......n ry+: rz.r,:.aet rmam,w.>vr'6ae9.n
Common Goals of
Emergency/Disaster
!Management
♦ Save lives.
♦ Care for casualties.
♦ Limit further casualties,
♦ Limit further damage to structures and
environment.
♦ Reassure and care for the public.
♦ Restore area to normal as soon as
possible.
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....rt.. .i .n.♦ .^e!rvrN+Vy M1ilfilG'li l.1l4O/IWJINTI'9/[Y"LIM1'}
Lessons Learned From
Past Emergencies
♦ Activate as early as possible.
♦ Staff initially to a high enough level.
♦ Delegate authority within the Management
Team around predetermined functions.
♦ Assume and plan for some degradation in
personnel or systems.
♦ Closely monitor operating effectiveness.
♦ Make changes when necessary if possible.
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. . rev . n..:a ..`i Y'rlr`Y4/.ie^I.rrKeys for Effective
Emergency Management
♦ Disaster Plan in place and ready to be
implemented.
♦ Good Standard Operating Procedures in
place, with adequate Checklists.
♦ Adequate Training and Exercises.
♦ Use of a Standard Emergency Management
System (ICS).
♦ An effective Emergency Operations Center
(EOC).
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-,.-,.......e._.....,.......u...n-.a-.¢r h+. TOw.WK:: V4k1Yt4. .
Purpose of the
City of Denton EOC
The Emergency Operations Center (EOC) Is
the location from which management of the
City's emergency response is to be
performed.
The City's EOC Is the Central Point for.
♦ Information gathering and dissemination.
♦ Coordination of all the Jurlsdiction's
emergency operations.
♦ Coordination with other local governments
and the State.
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City of Denton
Emergency Management
Organization
N
R
NCIL
ENT
N Publk Infw lion
Emer" Manepemens
lOr Liaison
Coordlnelw per
T
-I-W C-h*F rapemerd
mp IV*
f!I
OPERATIONS lLANNINW LOGISTICS FINANCE/
SECTION INTELLIGENCE SECfsON ADMINISTRATION
TRATN)N SECTION
nCTM)N
Oparatiom Section Loatatka Section FlrumVAdminlstralim
PlannlnallMaNlpence
Coordlrufor Coordlnata ^eclbn Cowdlnator
Sactbn Cogdlnalar
E.ncOpe ~.eilor of y Eaecutl~rtectarW .ecuove vecfir
Operations na9er UtiNes Faunce
Time Und
Fn L S~I1u qn UndUntt WNW
Medical Branch Pfar'~niry On[1or Numen ~esovcas
ve penmen) human Reso, c Owe"
Da~ASSessm~ent Unit Compenwt. "a
Lew £ nlorrem aM Brark'h 0.ia-- kMerMpe+ Lpgkt- Und Claims Ui.M
TDspan m Facislies Msnsgn t RdX Mnapemera
Nsuel clw4y Unt
. Pubfa; Aoft? ErgirEenrg OeparlmeM Tre bon Und Costs Uri
E Branch CMV~e aisunu,aifmort
Ergir~eerinp panmsm Documents Un
FOOW Une
ULlsies Srancn 7 Coro r Ffeav Srwlcas
. Ulilifie's Rad*ba" Mwdor" Unn
Fire paw EwBrarcn
Caro a Sneser Branch IM Mcsa ~o S
aM1a "Wo dY
Reo Cans
Pne 12
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. ....n.. s,-we .:.,..,.,...v..,4rn,~+.tw..w~iia F-'hnm.
City of Denton's EOC
Management Section
LEGAL OFFICER MANAGEMENT LIAISON OFFICER
City Attorney SECTION EM Coordinator
1. Prepares proclamations, 1. Maintains coordination -
emergencyomnts. EOCDIRECTO and assignments Wtit
end legal documenU agencies and organiza-
C'i Manager r bars from outside City.
2. Advises EM Director 1. Makes exeec cutive deUSioro.
and City Councll and 2. Responsible for Managernwt Section. 2. Issues rules, regulations and Depend" IFamity Care
3. Commences legal orders. Program.
proceedings as necessary. 3. Issues schedules, poi and
prlonters.
SAFETY OFFICER 4. Assumes overall management PUBLIC
Risk Manager of the emergency organization. INFORMATION
OFFICER
7. Develops measures to EMERGENCY MANAGEMENT City PIO
assure safety EXECUTIVE GROt1P
1. Public Information.
Z. Monilors and assesses EOC General Stair
haxardaus and unsafe Deputy City Manager 2. Rumor control.
conditions. Executive Directors
EMCoordinator 1 Media relations
3. Investigates acciddnU Deparlmenl Drectors as necessary
and files proper claims. ,
page 13
EMOH35
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City of Denton's EOC
Operations Sectionpi14
OPERATIONS
SECTION
OPERATIONS SECTION
COORDINATOR
Ellecut!ve Director of Operations
FIRE 6 LAW ENFORCEMENT PUBLIC WORKS!
MEOICALRtESCUE BRANCH ENGINEERING BRANCH
BRANCH Police Deportment t. rtesll m►msnt anc
F ks Department
1 nac► dtsemmvn sprain of lial mill ll U
. nke
1 Mrenu . rontrol tn0 wwwnp inbrrrtl~m. in vetlt nW d'dpn. i
a,,ppresa!l 11 7 AttnltlawenFp Vlrl
2 con Axla rests WPil,an ymmyniralpnt
7 DION, r.taahpn
mcolbral 24 sb. hope trealm ii and sM 7. Prpnees as slanc►ra rawvy
7 . Lnk mes mpremanl. 'e
trMSpdtalion EnlerClS la+n Y+p Nln a Pmr,ll hinipWal pn arrest
IYa
a Cl via tapodnila 7 AWE. a lT
Nill maters' nspmse
7 Dace 019 M e Vllo ry. m. , e Fvndet traM1r cmtrd
M up mr o mva d ma Idlpwrlq 1 /usn:t 1.4dr► E+vn~ntr
wib
F" tYek"UPIAC"0111 .
Iltt<ue, m Retard mar tel up mm u it d tv
WtNtaA. Idbeinp umn
Traflk Conbot Haruatlpn, ar
Centnynkalbrn.
UTILITIES BRANCH CARE 8 SHELTER
Utilities BRANCH
• Parks easation 1
1. FtesbRt. mam►nt Ord Red Cross
operalete lh►'sal wd,n .
walvsewr arW ►ednrtlpwr l PWdtllrmwr, tNanv. ~
2. &Kin walr for emegva7 leesry"mvsNalr r.
e mlll pt 2. Opvma mast w rontvs
7 Prawn emvpenry aos arJudn9'eebnp, ddNmp,
t►illNlm arN trintp0lahpn
PrWMP"la FWhOlVr
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City of Denton's EOC
Planning/intelligence
Section
PLANNING/INTELLIGENCE
SECTION
PLAN NINGIINTELLIGENCE SECTION
COORDINATOR
Deputy •;Ity Manager
SITUATION UNIT DAMAGE ASSESSMENT VISUAL 018RAY UNIT
Planning Directs UNIT Englneerfng Department
I COW% am processes Risk Management I. Displays D%at r t ■rd
rmalbn on Incidsrb1 Coordew" " Inrtla' Cperalinnaf W&CM lion In w
aham and stal" knpemlon or IM coyEOCEvaWlee and dissem."Im A 2 Prepare fie damage 2. assesemare report,
3 Mairdaira ■ record of usual
a Makesreccmmondatlam a CoWts damage kMmalion displays
e Provides damage asaaesmere
leama
S Eraurn shudwal safely of
b0dop ir, h ,rq tM EOC.
5 ProOdd salal npab of
damage to CM WW" m me FAMMA
C« Pam~ a Claims Vrdt
DOCUMENTS UNIT RADIOLOGICAL
-Zfty- MONITORING UNIT
• t Maimam and aka en EOC Fin DepaAmenl'
messages I Manages ft N11OU more"
2. Files, mainmirn sM alas! a0 and reportxv system. !r
daasler documents 2 EvahalasanddesernoWmak
J Maireaba a Na" of My radio{o"t dare%e Mormalion.
ems gencyrdaas* 2 C#Vs Radblopirsl Otlfcer
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City of Denton's EOC
Logistics Section
LOGISTICS SECTION
LOGISTICS SECTION COORDINATOR
Executive Director of Utilities
SUPPLY BRANCH fAC1UTIESUNIT EQUIPMENT/ND
PurchringAgenU Facilities Management FUEL BRANCH
Human Resources Fleet SerdcesMsdio
Director 1 Ektablshes sabupsnd Shop
martan an tw,liitas.
i. Orders. rec"lls, stores, i. Martam and reprrs to mobts
pooirssas, sndalbWors sR 2 ProvdNShaler la srreganq poud eplpnert
dsaslw resduce,s W wpples. waMwslnd llwe bmildr
readedl 2. FilY repissb la sq JprenL
2. Delwrrinwehesubusolall J, Falswlmoblowwnd .
persomef, apJpne rt wd aw wabrs,
5, Re21sstraardmiprssel 4 Prove 0, nv',rwl I" apssq
vourtewwor'kws. al wrrtnr ,AoreaWe mars.
e. Troll Bmmh may Dabmkw I TNS8ia.rchmsy Debmkw
do wn into 2 1UfCwnal Jnrb. down Na 2 UdYI ,
Psrsonnef E9dlprmm wsl
Eaulp"m and Be PPess
Communkaaon
fODDUNIT TRANSPORTATION UNIT
Consumer Heath Assistant To My
Services Manager
t.Pmvidesbod srdwstwbr 1. ProOdesirwapoeaear Vol
amnpercyworksrs o d heir wakws,
tsm ilss ltneedsd f -
2 Mnrains sTSl of at i
• enspodaeon resod m
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City of Denton's EOC
P'nance/Administration
Section
F ADMINISTRATION
ECTION
IAD M IN IST RAT ION
N COORDINATOR
Director of Fl-.ante
i
TIME UNIT COMPENSATION AND COSTS UNIT
Human Rosa urces CLAMS UNIT rlnence Department
Rlek Management
1. Ka cps rma records hr ail 1. Obtains rd noords all act
persomd and eQWDne 1. EStablsha Corsi w411 de data
Salety Oeker. Legal Vicar, 2 Pertcrms alct edecdve
Z. Establshes arid nelraalna a DamegeAssessnert Utitald
elsloremployee time reports. Uaaon Olean. andytis.
2 M:npes eonpenaaAOn la 1 Prortles costa stlmems and
ljy ies rd claims riling ml or cad ruling recomnerlde ons
thadlsasser.
] Cdt rdireti lnelrru Urd!
tasportse b City Duld irg
damages.
page 47
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Ann
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Agenda Ido.~97-002-
Apenda Item
Date
February 11, 1997
CITY COUNCIL AGENDA ITEM j
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL I
FROM: TED BENAVIDES, CITY MANAGER
SUBJECT: RECEIVE A REPORT, HOLD A DISCLISSION AND PROVIDE STAFF
DIRECTION CIMCER,NING THE BOLIVAR WATER SUPPLY
CORPORATION SERVICE AREA ISSUES
RECOMMENDATION:
At their meeting of February 11, 1997, the Courcil provided direction to staff regarding Bolivar
Water Supply Corporation (BWSC) water service area issues.
SUMMARY:
The Bolivar Water Supply Corporation (BWSC) provides rural water service (no wastewater
service) to an area within the northern F.TJ service area of the City of Denton. In 1976 the Texas
Water Commission, the predecessor of the Texas Natural Resource Conservation Commission
(TNRCC), issued Denton a Certificate of Convenience and Necessity (CCN) to be the sole
provider of water and wastewater services in the area. However, over the period from 1976 to
1994, BWSC extended their water service to the area to serve the homes built in the area. On
January 6, 1994, the TNRCC issued BWSC's CCN No. 11257 (see Exhibit 1) "to provide water
service to the area surrounding its existing facilities plus two hundred feet. and all existing
customers and inactive commitments". Denton had requested that TNRCC allow dual
certification for Denton and BWSC so that BWSC could serve the area while it was a rural area
and that if some part of the area chose to have more dense development, that Denton would be
able to sere such ares without an expensive and prolonged recertification process and uncertain
buyout cost of facifii!its or service rights. TNRCC rejected this request due to Federal Law which
prevents BWSC from receiving federally subsidized loans it the area were dual certified. Non-
federal private financing is normally available to rural water districts such as BWSC, but such
financing has a slightly higher interest rate and a shorter oayback, similar to a cities bond
• financing.
Since the single certification designation was granted by the TNRCC, this area has continued to
grow and develop. Numerous tracts of land have developed adjacent to BWSC's existing service
infrastructure and are wanting water service from BWSC. Because BWSC's CCN water service
area was limited by the TNRCC order, several small subdivisions and individual households
located farther than 200 feet away from existing water lines have not been able to receive water -
service from BWSC. Many of these individuals have inquired about service from Denton. •
However, Denton's ordinances require that developers (including homeowners wanting to build
an individual home) must extend water from Demon's nearest water line. Since these locations
are often more than three miles from Denton's nearest water lines the potential developers or
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CITY COUNCIL AGENDA ITEM
Bolivar Water Supply Corporation
Page 2
homeowners are unable to pay the cost of extending the water lines which could cost as much
as $750,000.
At the time 3NRCC issued the 200 ft. CCN to BWSC, Denton recognized that future property
owners beyond the 200 ft. line would probably request the CCN for their property be transferred
to BWSC so that they could sere the home or development. In discussions with the PUB a,td
City Council, it was decided that we would determine on a case by case basis, at the time of it e
request whether to contest the transfer of CCN area. In October, 1996, Denton sent a letter to
BWSC advising that Ih:y would not oppose individual requests for transfer of a CCN area
provided that the line installed in the transferred area would be at least six (6") in diameter and
he of a quality that would withstand urban fire protection water pressures.
However, in a November 14, 1996, meeting with BWSC, they indicated that the expense of
amending their CCN for each customer and the expense of Denton's construction specifications
would beprohibitive. Their consulting engineer estimated that the costs for amending their CCN
would cost approximately $2,000 per uncontested amendment.
In telephone conversations with Steve Blackhurst from TNRCC, he has advised that the
uncontested transfer of a CCN area is fairly simple, requiring filling out an application which an
individual property owner could do, paying TNRCC a $100 filing fee, running a legal notice in
the newspaper for two consecutive weeks which costs approximately $120, and notifying by
registered mail any neighboring utility at a cost of $50 to 5100.
BWSC proposed a position that would allow the one time amendment of their single certification
designation to include all properties adjacent to their existing system. A map representing BWSC
proposal was prepared by staff for review and is included as Exhibit Ill. The primary issue that
dictates BN%1SC water system construction criteria is the source of funding. The Farmers Home
Administration (FHA) provides low interest loans to rural water supply systems such as the
MVSC. The primary difference in rural water supply systems and municipal water systems is
the issue of fire flow. The FHA will not loan money to rural water systems if infrastructure is
sized to support fire flow.
• Several property owners in the area have contacted their state representative. Denton has been
contacted by the TNRCC, as well as the State Representative, to help find a satisfactory solution
to providing water service to these individuals. In the absence of a satisfactory solution, it is
possible that legislation could be introduced to remedy this situation. Implications are that this
legislation may involve transfer of a cities CCN to the rural district if cost of city extenstion of
water lines is substantial,
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CITY COUNCII. AGENDA ITEM
BolivarWater Supply Corporation
Page 3
The main issues, questions, and options appear to be:
OPTION 1
Should Denton continue it's present position which is to let individual properties r,!yuest a
transfer of Denton's single CCN to BWSC without contesting such transfer.
To date neither BWSC or any property owner has made such a filing request at TNRCC. To
administer thi3 option in an efficient manner may require an ordinance that would give the staff
administrative authority to consent to each of these requests as they are presented to the TNRCC.
OPTION 2
Should Denton grant a "blanket" transfer of CCN to BWSC for all properties adjoining the
present BWSC CCN in the subject area? (see Exhibit 111)
The main concern with this option is the cost to Denton to get a return of the CCN from BWSC
in the event some property in the area chooses to have urban density development in the future
and needs faze flow capability. Denton should have a major treated water pipeline through that
area by 2005 when the Ray Roberts Water Treatment plant is built.
State law gives TNRCC responsibility to determine the value of facilities and CCN rights if
Denton were required to buy this from BWSC in the future. In similar situations with CCN
issues in the electric industry, CCN rights can be very expensive if the valuation methodology
is based on the net present value of the possible revenues from the existing or anticipated
development of the area. Steve Blackhurst with TNRCC has offered to insert in the CCN transfer
order an agreed upon valuation methodology.
If Denton chooses option 2, it seems appropriate to include in the TNRCC order that transfers
the approximately 9,500 acres of s:rvice territory to BWSC, a methodology setting out the cost
to Denton for a future purchase of the water line facilities and CCN rights and that the terms
should generally be:
a) The city will purchase the water lines at net book value. i
b) The city not be obligated to pay any fee to BWSC for lost
revenue of existing or future potential customers, except as J
fisted in (c) below. II _
C) The city will pay BWSC, for a period of five years or until their
system in the same pressure plane has increased in customers by
the number of customers that Denton purchased, (which ever time
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CITY COUNCIL AGENDA ITEM
Bolivar Water Supply Corporation
Page 4
is less), an annual amount sufficient to keep BWSC financially
whole with regards to loan obligations they have entered into for
loans on building pump stations and wells in toe subject area; and
Based on the Council's direction, Denton will be prepared to discuss these issues with BWSC on
or before their February 13 meeting (see Exhibit IV).
FISCAL IMPACT:
One of the significant long term issues is the provision of municipal water service to this area.
Denton would be required to buy the BWSC system if the City were to provide water service in
this area. The appraised value, less depreciation, of the BWSC east system was $356,767 in
1992. However, since 1992 BWSC has made significant improvements in their system which
would probably increase the value substantially. Since the system infrastructure is priority lines
smaller than 6 inches in diameter it does not support fire flow, much of the water system even
if purchased by Denton, would probably need to be replaced to provide service equivalent to what
is provided to existing Denton customers.
Respectfully submitted, '
Ted Benavides, City Manager
Prepared by:
Howard Martin, Director Environmental Operations
Approved by:
R. E. Nelsen, Executive Director Utilities
Exhibits:
I
1. TNRCC Order Amending Certification
i 11. November 12, 1996 Memorandum
O
HI. Location Map O
IV. December 2, 1996 Memorandum
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~C JfnIC Ci r' IGWJ
!,;AUNTY OF TRAVIS
I hereby certity that Nis is a true and coned copy of a
TEXAS NATURAL RESOURCE Efi90"e$P"oC'~7"P{ ",Sllrmiss on document
inch is pled in the permanent rewrds Commission.
r =f Given uNer my hend and thetial o10ft9 on
..JAN 0 6
Garia A Vasquez, Chief 0"(j U
AN ORDER issuing amended CertificateTe I`1 . Wlce
and Necessity No. 11257 to 4! i&l+iW4POMB'EW
Supply Corporation and issuing amended
Certificates of Convenience and Necessity
Nos. 10195 and 20072 to the City of Denton
On October 27, 1993 and December 1, 1993, the Texas Natural
Resource Conservation Commission (Commission), successor agency to
the Texas Water Commission, considered the application of Bolivar
Water Supply Corporation for an amendment to its Certificate of
Convenience and Necessity (CCN) No. 11257 to provide water utility
sezvice in Denton County, Tezas, and to decertify a portion of CCN
No. 10195 of the City of Denton, pursuant to Sections 13.246 and
C 13.254 of the Texas Water Code and the applicable provisions of the
Texas Water Commission_Perwanent Rules. The application by Bolivar
Water Supply Corporation was considered together with the
application of the City of Denton for an amendment to its CCNs Nos..
10195- and-20072 - -to-iwovide-water--and sewr~ etl] f ty sessrio~- to.-
additional areas in Denton County. The applications were presented
to the Commission together with a Proposal for Decision by
Elizabeth N. Bourbon, Attorney, a Commission marings Examiner, who
•
conducted a public hearing concerning the consolidated applications j
on March 15, 1993, and on June 22, 1993, in Austin, Texas.
The following were designated as parties to the consolidated
• proceedings Bolivar Water Supply Corporation; the City of Denton; I♦ • •
Green Springs Water Supply Corporation; the Texas Rural Water
C
s EXHIBIT
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Assoo,iat.ion; the Executive Director of the Commission; and the
C Public rntoreat Counsel of the Commission.
After COnaidering the Hearings Examiner's Proposal for
Decision and*. the evidence and arguments presented, the Texas
Natural". Resource Conservation Commission makes the following
Findings of Fact and Conclusions of I.awo
FINDINGS OF FACT
I. Bolivar water Supply Corporation (Bolivar) has applied to the
Commission for an amendment to its Certificate of Convenience
and Necessity No. 11257 to provide water utility service in
northern Denton County, Texas, and to decertify a portion of
the City of Denton's Certificate of Convenience and Necessity
No. 10195. The territory sought to be Included in CCN
No. 11257 is referenced herein as "the contested area."
2. The City of Den:.Jn (Denton) has applied to the Commission for
amendments to its Certificates of Convenience and Necessity
Nos. 10195 and 20072 to provide water and sewer utility
service in northern Denton Countyr TeT_as.
3. Proper notice tram given pursuant to Chapter 13 of the Texas
Mater Coda; Chapter 291 of the Taxes water Commission
permanent Rules; and Section 13(a) of the Administrative
O Procedure and Texas Register Act, TBY. REV. CIV. 9TAT. ANN.
art. 6252-13a (Vernon Supp. 1991). `
a. Notice of the application of Bolivar was published on
May 6, 1992, in the Denton Record-Chronicle, a newspaper
O generally circulated in Denton County, Texas, the county O O
6
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C h. Notice of the hearing on the application by the City of
Denton was mailed to all customers of Bolivar Water
. Supply Corporation on February 12, 1993.
1. Notice of the hearing on the application by the City of
Denton was mailed to all customers of Green Springs Water
Supply Corporation (WSC) on February 26, 1993.
4. Bolivar is currently providing water service in portions of
the contested service area by means of facilities in its Green
Valley and Canyon Lake pressure planes.
5. The City of Denton is not providing and has never formally
been asked to provide utility service in the area requested by
Denton or in any portion of the area requested r Bolivar•s
application.
S. Certification of Bolivar to provide rater service will benefit
the current customers of the utility.
a. Bolivar is currently providing water service to
approximately 252 customers in the contested area,
b. The service currently provided to Bolivar's customers in
the contested area is inadequate due to insufficient
water pressure.
C. Bolivar's ability to provide adequate service to its
• customers should be enhanced in order- to siniaime
disruption to these customers.
d. Bolivar will be better able to obtain financing for
• system improvements to improve water pressure in the • •
Groan Valley plans if it is singly certified to provide
C
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for which the CCN amendment and decertification is
C sought.
b. Notice of the application of Bolivar was mailed on
parch 27, 1992, to cities and neighboring utilities
providing service within two miles of the area for which
certification was sought.
C. Notice of the hearing on the application of Bolivar was
mailed to all parties and to any person requesting a
hearing on June 2, 1992.
d. Notice of the application of the City of Denton was
published on November 21 and 28, 1992, in the Denton
Record-Chronicle, a newspaper generally circulated in
Denton County, Texas, the county for which the CCN
C amendment and decertification is sought.
e. Notice of the application of the City of Denton was
mailed on November 17, 1992, to cities and neighboring
utilities providing service within two miles of the area
1
for which certification was sought.
f. Notice of the hearing on the application by the City of
Denton was mailed to all parties and to any person
requesting a hearing on February 3, 1993.
f g. Notice of the hearing on the application by the City of
Denton was mailed to all customers of Brittany 8111 Water
Supply Corporation on rebruary 160 1993.
i
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C service to its existing and some future customers than if
it is not singly certified to provide service to these
customers.
7. Single certification of Bolivar to provide water service for
an area consisting of its existing facilities plus 200 feet,
and all current customers and inactive commitments, but
limited to facilities only in the area certified to Green
Springs NSC, is necessary for the public convenience and
necessity.
a. A need exists for additional service in the portion of
the contested area to be served by Bolivar.
b. Bolivar will be able to provide adequate service to its
current and future customers if it obtains system
C improvements to increase water pressure in the contested
area.
C. Limited single certification of Bolivar rill enhance
Bolivar's ability to obtain funding for improvements and
r
will not adversely affect other retail public utilities
serving the area.
d. It is not feasible for customers in the area to be
certified to Bolivar to obtain servic_e_ from an adjacent
O retail public utility.
(1) Under Denton's extension policy, it would cost /
$547,600 to $425,000 for developers in the northern
e or western positions of the territory certified to
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C Denton to extend a water line to Denton's nearest
distribution line.
(2) Obtaining service from other adjacent retail public
utilities is not feasible.
e. If singly certified to facilities plus 200 feet, Bolivar
will enjoy sufficient financial stability to provide
continuous end adequate service to its existing customers
in the contested area.
f. Although certification of Bolivar throughout the entire
contested area would pose a threat to the environmental
integrity of the region by imposing a strain on the
region's limited groundwater supply, certification of
Bolivar limited to its existing facilities plus 200 feet
C will not significantly impair the region's environmental
integrity.
q. Certification of the facilities-plus-200-foot area to
Bolivar probably will improve the level of service for
Bolivar's existing customers by enhancing Bolivar's
ability to acquire funding for an elevated storage tank
to improve rater pressure in the Green valley pressure
plane. _
• S. Partial decertification of Denton is reasonable.
a. Denton has never provided service in the contested area.
b. Denton has never been asked to provlde service in the
' contested area.
C 14
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C Denton has no immediate plans to provide service to the
portion of the contested area currently served by
Bolivar.
9. Certification of the City of Denton to provide water service
in its requested service area will benefit future customers of
the region and is in the public interest.
a. The level of service currently provided to the area
requested by Dentois is inadequate.
b. Additional service is needed in the requested area.
(1) within the past year, potential customers have
unsuccessfully sought to obtain service from
Bolivar.
(2) Increasing urban development is likely to occur in
the contested area, based on its proximity to
employment centers, interstate 35, and recreational
amenities.
C. Certificatioa of the area to Denton will benefit the city
by facilitating the city's efforts to develop a long-term
regional surface water supply plan and to implement
efficient planning for future urban growth in the
contested area.
t~
(1) The City of Denton plans to construct a surface
water treatment plant at Lake Ray Roberts that is
expected to begin operations in the year 2003.
6 (2) Certification of the requested area to Denton will , •
J afford the city sufficient security to allow for
J s
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71- 7 A L,
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the planning of a distribution system from the Lake
Ray Roberts treatment plant.
d. Certification of Denton will adversely affec` Bolivar in
that it will preclude Bolivar's obtaining single
certification.
e. Denton is abla to provide a high level of comprehensive
municipal water services.
f. Obtaining water service from Bolivar is feasible for the
current rural population of the area= however, it will
not be feasible to obtain from Bolivar a level of service
comparable to that offered by Denton.
g. The City of Denton is financially stable.
h. Certification of the requested area to Denton will not
C impair the region's environrental integrity.
(1) aquifers in northern Denton County are experiencing
depletion.
(2) as the designated regional supplier of treated
surface water, Denton will rely on treated surface
water and thus will not contribute to depletion of
aquifers in the area.
L. Certification of Denton to serva-tbe maquested area will
• allow custosters to obtain a higher lewl of service with
generally lower water rates.
10. Certification of the City of Denton to provide sewer service
0 in the area depicted on 1:ttacheent B to this Order will
0 O
benefit the public convenience and necessity.
C ,L
• r, •
.11..i~'~ . .e .'...7:. , CL;-S ...~WW..nw wti.
e
•
C a. No sewage treatment service is currently provided to the
requested service area.
b. Additional service will be needed in the requested
service area.
C. Certification to serve the area will facilitate Denton's
long-term plans for urban growth in the requested area.
d. No other retail public utility is providing similar
service in the proximate area.
e. Denton can provide adequate sewage treatment service to
the requested service area.
f. Denton is financially stable.
g. Certification of the requested area to Denton will
contribute positively to the region's environmental
C integrity by preventing the proliferation of private
septic systems that pose a threat of leakage and
bacterial contamination.
11. Bolivar has two outstanding debts in favor of the Farmers Hone
Administration.
12. Green Springs VSC has outstanding debts in favor of the
Parsers Home Administration.
13. It is reasonable and necessary fox`tba-City of Denton to
a
correct any remaining system deficiencies described in the
1
Lettar of Deficiency from tie Texas water Commission dated
November 12, 1992, within two years of the effective date of
• this Order.
~ ~ o a
/3 I
46
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r 14. It is reasonable and necessary for Bolivar to correct any
\ remaining system deficiencies described in the Letter of
Deficiency from the Texas Water Commission dated August 17,
1592, within two years of the effective date of this Order.
CONCLUSIONS OF LAW
1. The public hearing regarding these CCN applications was held
under the authority of and in accordance with Chapter 13 of
the Texas Water Code and all applicable provisions of the
Texas Water Commission Permanent Rules.
2. The Commission has jurisdiction to consider the applications
and is authorised to amend certificates of convenience and
necessity to provide retail public utility service and to
order implementation of system improvements by certificated
C service providers.
3. Certification of Bolivar Water Supply Corporation to provide
retail water service to the service area depicted on the
official CCU map of the Commission, as as»nded, is necessary
for the public service, accommodation, convenience, and
safety.
4. The Commission has authority to partially revoke the City of
Denton's CCU No. 10195.
• S. Certification of the City of Denton to provide retail water
i
service to the service area depicted on the official CCN map '
of the Commission, as amended, is necessary for the public
service, accommodation, convenience, and safety.
• A A
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C 6. Certification of Bolivar Water Supply Corporation and the City
of Denton as depicted on the official CCN map of the
Commission, as amended, does not offend Federal authority
under 7 U.S.C. S1926(b).
WHEREAS Chairman John Hall and Commissioner Peggy Garner vote
unanimously to issue this Order, with Commissioner Pam Reed not in
attendance,
NOW, THEREFORE, BE IT ORDERED BY THB TEXAS NATURAL RESOURCE
CONSERVATION COMMISSION THATi
1. Certificate of Convenience and Necessity No. 11257 shall be
amended to allow Bolivar Water Supply Corporation to provide
water service to the area surrounding its existing facilities
plus two hundred feet, and all existing customers and inactive
i
commitments, with the exception that the area certified to
Bolivar shall be restricted to Bolivar's existing facilities
only in the area certified to Green Springs !later Supply
Corporation in its CCN No. 11480.
2. Within thirty days of the effective date of this Order,
Bolivar Water Supply Corporation shall provide the Water
Utilities Division of the Commission with a list identifying
its existing customers and inactive cossditments as of the
effective date of this Order, together with a map reflecting
the location of these customers and inactive commitments. '
3. The City of Denton's Certificate of Convenience and Necessity
o No. 10195 shall be revoked only in the area to be singly
0 0
certified to Bolivar Water Supply Corporation.
•
•
4. Certificate of Convenience and Necessity No. 10195 shall be
amended to allow the City of Denton to provide water service
to the additional area reflected on the official CCN map, as
amended.
5. Certificate of Convenience and Necessity No. 20072 shall be
ascended to allow the City of Denton to provide sewer service
to the area reflected on Attachment C to this Order.
6. The City of Denton shall correct all systea deficiencies
referenced in Finding of Fact No. 13 within two years of the
effective date of this Order.
7. Bolivar Water Supply Corporation shall correct all system
deficiencies referenced in Finding of Fact No. 14 within two
years of the effective date of this Order.
8. The Chief Clerk of the Texas Natural Resource Conservation
C Commission shall forward a copy of thin Order to all parties
subject to the filing of notions for rehearing.
9. rf any provision, sentence, clause, or phrase of this Order is
for any reason held to be invalid, the invalidity of _enp -
portion shall not affect the validity of the remaining
portions of this Order.
L
u;
_.,::.~~i. - • 3:i.,\i+a. N~tiL~~bWS1Y1r1~3 _`r::~r. , ~ ,.:1.
•
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Issue date: JAN 0 4 W
TEXAS NATURAL RESOURCE
CONSERV ON COMMISSION
i
ATTEST: r o" , Chairman
Gloria A. Vasquez, a ter
WER
/7
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~ I i 1 v n Y r r ~ ~ {
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f 1 '~•r ' I ,~•'entA
SG 1457 rr ( Jh r
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11712
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GENERAL HIGHWAY MAI
DENTON COUNT'
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• ~ TEXAS
•I ywwe• iK
• / I i ! r STAi E DEPARTMENT Of HIGHWAYS
I
/ ANDPUBIICTRANSPDRTATIDN i
La.wl+arT.ila. MNHipG pWTfld. 1
U.S. DEPARTMENT Of TRANSPDRTAh(
/ ! ' Y 1 ) IIOUa N16n'.14Y aCa'IN6T!llllMl
- { a 't ^ L w ~ r •~rl u[.....1 O M.I.\f
\ y •rr ' Yom..
PLW
• i Pcea requested by Denton Areas excluded fran Denton's application
Area requested by Bolivar (the contested area)
- ' 1 Area requested by Bolivar currently certificated to Denton , ATTACHMENT A
•
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l ATTACHmEIIT d
Aj
[
j L• l Recommendation of Executive
1
' l '19* p e * Director
IQ v p 6 Green Area to be certified
O i
* to Bolivar WSC f
Pink Area to be certified J
r+e 12 3 + to City of Denton
1 _ N 3P~CtNArECfV 610
. i ( 0 ~ t .i [ss _ rJ
101 6 RGER I
J/}t rjc i~H. i~ 480
•
/ 11257 1114
10195 -
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ARTLEE
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74
ATTACWTIT C
Yi11NY
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i
Ct'TY Of DENTON, TEX" MUNICIPAL BUILDING • 215 E MCKINNEY • DENTON, TEXAS 76201
November 12, 1996 (817) 568.8200 • DFW METRO 434.2529
Ann Ramsey, Gencral Manager
Bolivar Water Supply Corporation (BWSC)
P. U. Box 1006
Sanger. Texas 76226
RE: WATER SERVICE
Dear Ms. Ramsey:
To confirm our telephone call of this date, the City of Denton recognizes that several parties have
requested water service in Denton's single CCN area north of Denton. Denton does not presently have
service in the area but does anticipate that the area will be part of Denton in the future. Recognizing
that Bolivar Water Supply Corporation (BWSC) does have service near some of the arras in question,
it is appropriate that BWSC serve those customers until such time when Denton has service to the
area.
Therefore, Denton will not oppose any individual lot owner or a small subdivision (less than 30 unit)
owner who requests from the TNRCC transfer of Denton's CCN to BWSC. Denton will require, as the
normal exercise of it's subdivision rules and regulations in Denton's Extra Territorial Jurisdiction
(ETJ), that all water lines be at least 6 inches in diameter and be of the quality and standards
appropriate for future urban fire flow service.
Menton will oppose any large scale transfer of Denton's CCN service territory unless such transfer is
for dual certification, which includes Denton.
The City Manager and I will not be able to attend your board meeting of November t4, 19%. but we
will have a representative there to discuss this issue.
Sincerely,
Ell
R. E. Nelson. Executive Director Utifities
cc: Representative Mary Denny David Jones
Mayor Jack Miller and Members of the City Council Phillip Miller O 0
Ted Benavides, City Manager Doug Chadwick
Steve Blackhurst 7NRCC
1 r^^^~ rK*^7, r seino~.•6^q am 1w ec nbl
EXHIBIT II
"Dedicated to Quality Service"
s:
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L:S's1'flf S: is I wN •i! . w~. n ,
1 w l I4p
1.1,4 '-Ir IN Vllr. iT : . 14• r~i'Y
1 ~ •fr •II iI~I:Ir •r•^ rY4•n ""r'.:11 r
' MIY ,R,\R~Y'~,~•"-Y.•-•.:ir. ^l" •I.Nr ` ~ ~~M1 'i'~~ _iN ~ NI I\r IY
L ' _ i { y~ w • t; l: r.4, fir,' . °,Yia r. ZJ ,'J.iO
Ih 4 •F1.n 11r ~ ~ j • e ; Y~~ r .I. W.1.4 N'Yr ; . YM! IrIY YY •
rnr ••--•'r a!' •u.~w .IM,! =Ii j 1 1 ~ N• '1r
1., i ~a 13 ear r..u
y , .1 11 rr \ 4h
1 1 ~ ~ i:l •I"N N. ~ ; 'r' bl r• ~r Nrre I rr,♦ 1
.101 Wr♦ f + i YI r4 i . MM.
f J.71 ! • i ~,♦Y~-... .i • ii "!"Irl♦ bry ` y_-~1
r rb1• . r ' ii i ~l , i♦a. ISyr • /'•a N.r..
.p • , ~ :'r..r i wu_ t ^ A 7 rrr wrrr•NI,
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,wPISaa \,Y
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r. • • 1~♦. I.w wwrr ~ tr{r nr~ ,r! a • 11r
ii •i i • rr.r.•n
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y1~ aN err + L._ ij ...i._1.. • i NrN
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L' l/La ! ~~4!'} grow". Iiy Y.rw rJ •I ry~.
. ~ 1 • L'y- ~ ' by ; Na
•N.a i Ylr ~Ifr , 4 !Z( ! t ' r•, \ I ~bu' I ...Y•4r.. r•
l`''L/'♦~ ~I'1i 'h 4i! .I~.I. •.2li i; r.rn '~1~ Ii ,
'T~?r:_ PN ~'1 !{,'i'~~ Ii a ( li rwwl + !
Y„1 y w ~ ; L'/"•'°I°«^4 ~ ,yr b'1 a+Mr• ~ ~ e..r rr ur..1 "
p N ` r. 1' q.~r
___-1 ~ Ir14 nr...1 •.I ^~{{i.. Y~I ^ ! I,!!1. ~ I. ' r.Mr
a DTI NI• ~ " 4 ~ 1 ~ TI Mlr'
II
Area of consideration (approx. 9,500 ac)
Existing water lines
Landlocked areas ® o
EXHIBIT III
Location Map
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rLk
My 01 DENTOIII, TEXAS MUNICIPAL BUILDING • 215 E MCKINNEY • DENTON, TEXAS 76201
December 2. 1996 (817) 5668200 • DFW METRO 434.2529
Mr. Dennis Bowles, President
Bolivar Water Supply Corporation (BWSC)
P. O. Box 1006
Sanger, Texas 76226
RE: WATER SERVICE IN GREEN VALLEY AREA
Dear Mr. Bowles:
It is my understanding that the result of the meeting Mr. Howard Martin and Mr. Rick Svehla had
with the BWSC Board on November 11, 1996, was that BWSC and Denton would try to agree on a
certain CCN area next to B WSC's existing lines that could be transferred from Denton to BWSC.
BWSC was to furnish maps of BWSC system to Howard Martin who was to construct a map with
BWSC water lines and showing the property owners next to those lines. BWSC and Denton will get
together and agree on which properties to transfer and BWSC will file at TNRCC for a change in
CCN. Denton will not plan to be involved in that proceeding but will not object to such transf r at
the TNRCC.
If there is any question about (his course of action, please advise.
Sincerely,
R. E. Nelson, Executive Director Utilities
cc: Representative Mary Denny David Jones
Mayor Jack Miller and Members of the City Council Phillip Miller
Ted Benavides, City Manager Doug Chadwick
Steve Biackhurst. TNRCC
Ann Ramsey, General Mgr. '
biwney,en~~ p ,nerve. IL *c buw &2
EXHIBIT IV
"Dedicated to Quality Service"
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