HomeMy WebLinkAbout03-18-1997
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City Council
,Agenda Packet
March 18, 1997
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Agenda Nv, 7 Ol_
Agenda Item
AGENDA Cate Z
CITY OF DENTON CITY COUNCIL
March 18, 1947
Closed Meeting of the City of Denton City Council on Tuesday, March 18, 1997 at 5:45 p.m.
in the Civil Defense Room of City Hall, 215 E. McKinney, Denton, Texas, at which the
following items will be considered:
NOTE: THE CITY COUNCIL RESERVES THE RIGHT TO ADJOURN INTO CLOSED
MEETING AT ANY TIME REGARDING ANY ITEM FOR WHICH IT IS LEGALLY
PERMISSIBLE.
5:45 p.m.
1. Closed Meeting:
A. Legal Matters Under TEX. GOV'T CODE Sec, 551.071
B. Real Estate Under TEX. GOVT CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX, GOVT CODE Sec. 551.074
Regular Meeting of the City of Denton City Council on Tuesday, March 18, 1997 at 7:00 p.m.
in the Council Chambers of City Hall, 215 E. McKinney, Denton, Texas at which the following
items will be considered:
7:00 p.m.
1. Pledge of Allegiance
A. U.S. Flag
B. Texas Flag
"Honor the Texas Flag - I pledge allegiance to thee, Texas, one and indivisible."
CITIZEN REPORTS
• 2. Glenn Goode regarding a water line from the Upper Trinity Regional Water District to
his property and possible deannexation.
3. Mickey George regarding clarification of City Council Members responsibilities and
obligations to citizens.
w 4. Joe Naderi regarding a possible suspension of his taxi cab license. •
5. Chris Coil regarding questions concerning construction of a toad off of Woodrow Lane
to the isotope development site.
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City of Denton City Council Agenda
March 18, 1997
Page 2
b. Eric Posa regarding questions concerning construction of a road off of Woodrow Lane
to the isotope development site.
7. Jerry Drake regarding questions concerning construction of a road off of Woodrow Lane
to the isotope development site.
8. Chuck Norton regarding questions concerning construction of a road off of Woodrow
Lane to the isotope development site.
CONSENT AGENDA
Each of these items is recommended by the Staff and approval thereof will be strictly on
the basis of tl a Staff recommendations. Approval of the Consent Agenda authorizes the City
Manage r or hi:, designee to implement each item in accordance with the Staff recommendations.
The City COUncil has received background information and has had an opportunity to raise
questions regarding these items prior to consideration.
Listed below are bids and purchase orders to be approved for payment under the
Ordinance section of the agenda. Detailed back-up information is attached to the ordinances
(Agenda items 9-21). This listing is provided on the Consent Agenda to allow Council Members
to discuss or withdraw an item prior to approval of the Consent Agenda. If no items are pulled,
Consent Agenda Items 9-21 below will be approved with one motion. A citizen may not speak
or fill out a "request to speak" form on an item un the Consent Agenda unless the item is
removed from the Consent Agenda. The speaker shall be allowed to speak and the item shall
then be considered before approval of the Consent Agenda.
9. Ordinance accepting competitive bids and awarding a contract for the purchase of
materials, equipment, supplies or services. (Bid #2001 - Tractor, Loader, Backhoe
(Item 1 and 1A)
10. Ordinance accepting competitive bids and awarding a contract fcr the purchase of
! materials, equipment, supplies or services. (Bid #2002 - Cable Splicing Trailer)
11. Ordinance accepting competitive bids and awarding a contract for the purchase of
materials, equipment, supplies or services. (Bid #2006 - Pagers and Paging Service)
12. Ordinance accepting competitive bids and awarding a contract for the purchase of
0 materials, equipment, supplies or services. (Bid #2007 - Truck Bed and Bodies) •
13. Ordinance accepting competitive bids and awarding a contract for the purchase of
- materials, equipment, supplies or services. (Bid #2018 - Annual Price Agreement for
Water Meters)
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City of Denton City Council Agenda
March 18, 1997
Page 3
14. Ordinance accepting competitive bids and awarding a contract for the purchase of
materials, equipment, supplies or services. (Bid #2020 - Refuse Truck)
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15. Ordinance accepting competitive bids and providing for the award of contracts for public
works or improvements. (Bid #2021 - Evers Park Restroom Concession Building)
16. Ordinance authorizing the City Manager to execute a professional services agreement
with Ford, Powell, and Carson, Inc. for the Civic Center Complex Master Plan.
(Proposal #2022 - Civic Center Complex Master Plan)
17. Ordinance of the City of Denton authorizing the expenditure of funds for the maintenance
and operation expenses for lake Ray Roberts by the City to Department of Army Corps
of Engineers. {Check Requisition - Department of Army Corps of Engineers)
18. Ordinance authorizing the City Manager to execute an interlocal agreement with the City
of Lake Dallas relating to participation in various City of Denton contracts which provide
for the purchase of various goods and services.
19. Ordinance authorizing the City Manager to execute an agreement for mutual aid in fire
protection and emergency medical services on behalf of the City of Denton with the City
of Fort Worth relating to services each city may provide the other during Texas Motor
Speedway .vents.
20. Ordinance of the City of Denton authorizing the City Manager to execute a professional
services agreement for appraisal services between the City of Denton and Fanning and
Associates to assist the City in establishing reasonable values for the acquisition of right-
of-way for U. S. Highway 77 widening project.
1 21. Ordinance of the City of Denton authorizing the City Manager to execute a professional
services agreement between the City of Denton and D.L. Sargent, Jr. dba Sargent
Appraisal Company for appraisal review services relating to right-of-way acquisition
• along U. S. Highway 77, and authorizing the expenditure of funds therefore.
ITEM - FOR INDIVIDUAL CONSIDERATION
22. Ordinance relinquishing an area located east of the Elm Fork of the Trinity River and
south of FM 455 from the extraterritorial jurisdiction of the City of Denton, and
• establishing an easterly extraterritorial jurisdiction boundary line. • b
23. Ordinance partially vacating a certain drainage easement recorded in the Plat Records of
I/ Denton County, Texas at Cabinet L, Page 58, as it pertains to Lot 4, Blocs, A of the
Northwood Estates Limited Subdivision. (The Planning and Zoning Commission
recommends approval 5-0.)
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City of Denton City Council Agenda
March 18, 1997
Page 4
24. Ordinance authorizing the City Manager to execute a real estate contract with Richard
A. Baria and 1o An Baria, for the purchase of approximately 1.562 acre tract of land
known as 130' Myrtle, Denton, Denton County, Texas for future expansion of the City
of Demon's Jectric Locust Substation. (The Planning and Zoning Commission
recommends approval 4-0.)
25. Ordinance amending Section 4-31 of the Code of Ordinances for the purpose of revising
the duration of an alarm permit.
26. Ordinance authorizing the City Manager to execute a professional services agreement (for
daily services) with Resource Management International ("RMI")providing for consulting
services related to electric restructuring. (Public Utilities Board recommends approval.)
27. Ordinance authorizing the City Manager to execute a second amendment to the
professional services agreement with Resource Management International ("RMI")
relating to the provision of assistance to the City in developing and communicating the
City's position on electric restructuring issues to the Texas Legislature and to the Public
Utilities Commission of Texas. (The Public Utilities Board recommends approval.)
28. Resolution authorizing the City Manager to negotiate with the City of Dallas to resolve
the lease agreements with Texas Parks and Wildlife Department for the operation of Lake
Ray Roberts and the Greenbelt. (The Public Utilities Board recommends approval.)
29. Resolution approving the amended fiscal year 1997 financial plan of the DENCO Area
9.1-1 District, pursuant to the Texas Health and Safety Code, Chapter 771, as amended.
30. Resolution authorizing the City Manager to execute a memorandum of understanding by
and between the cities of Denton, Garland, and C reenville, Texas for the creation of a
1 sub-control area for operational control and economic dispatch relating to the efficient
delivery of power and energy to the three participant cities. (The Public Utilities Board
recommends approval.)
31. Resolution supporting the Partners In Mobility Policy Position on Federal Legislative !
Issues for the 105th Congress,
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32, Resolution supporting the Partners In Mobility Policy Position on State Legislative Issues
for the 75th 'texas Legislative Session.
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J 33, Miscellaneous matters from the City Manager.
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City of Denton City Council Agenda
Starch 18, 1997
Page 5
34. Official Action on Closed Meeting Items:
A. Legal Matter
B. Real Estate
C. Personnel
D. Board Appointments
35. New Business
This item provides a section for Council Members to suggest items for future agendas.
36. Possible Continuation of Closed Meeting:
A. Legal Matters Under TEX. GOVT CODE Sec. 551.071
B. Real Estate Under TEX. GOV'7 CODE Sec. 551.072
C. Personnel/Board Appointments Under TEX. GOVT CODE Sec. 551.074
CERTIFICATE
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.m.) (p.m,) I
CITY SECRETARY
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NOTE: THE CITY OF DENTON CITY COUNCIL CHAMBERS IS ACCESSIBLE IN
4_000RDANCE WITH THE AMERICANS WITH DISABILITIES ACT. THE
CITY WILL PROVIDE SIGN LANGUAGE INTERPRETERS FOR THE
HEARING IMPAIRED IF REQUESTED AT LEAST 48 HOURS IN ADVANCE
OF THE SCHEDULED MEETING. PLEASE CALL THE CITY
• SECRETARY'S OFFICE AT 566-8309 OR USE TELECOMMUNICATIONS { ® 0
DEVICES FOR THE DEAF (TDD) BY CALLING 1.800-RELAY-TX SO THAT
A SIGN LANGUAGE INTERPRETER CAN BE SCHEDULED THROUGH
THE CITY SECRETARY'S OFFICE.
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Agenda No. 97- 0/
Aganda Item
ORDINANCE NO. Date- 3 ' / q 9
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEF EAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM ,
NUMBER NO VENDOR AMOUNT
2001 I, I A G& G TRACTOR S26,095.30
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained '.n the Bid Invitations, Bid
Proposals, and related documents.
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SECTION Ill. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance,
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
• specified stuns contained in the Bid Proposal and related documents herein approved and accepted. • •
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY. CITY ATTORNEY
BY:
SUPPLY ORD
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DATE: MARCH 18, 1997
CITY-COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID 112001- TRACTOR, LOADER, BOX BLADE MOWER
ITEM I AND IA ONLY
RECOMMENDATION: We recommend item 1 tractor loader and item I A box blade be awarded to the
lowest bidder, G & G Tractor, in the combined amount of $26,085.30.
Item 2, 2A & 2B will be presented to Council at a later date pending fund availability.
SU.INMI4RY: The tractor loader and box blade combination is a motor pool replacement to be assigned to
the Parks Maintenance Division. The new unit replaces a 1975 model tractor that is no longer economical to
maintain and will be sold at Auction.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Operations and Parks
Maintenance Programs.
FISCAL IMPACT: The purchase of this new tractor was approved in the 1996/97 budget process. Funding
will come from the following source:
1996'97 Budget 100-038-9063-9104 $19,112.30
Motor Pool 720-025-0584-9104 S 6.973.00
$26,085.30
Attachment: Tabulation Sheet
Respectfully submitted:
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Executtve Do
Actor of Finance
Approved:
Name: Tom taw. .
Title: Purchasing Agent
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B{4. AGENDA
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Illll k 20111
1111) NA\II: 'I RAI'108, L M11ER. HOXIII.ADV, 7.1\I\fEHEH 1 I F %ION,S RIH) 1; G
NIOR'I',R NUIIOIA IRACIOR F.QI'I 'IRAC-IOR
OPEN DATE FEBRUARI 29SI 1997
0 QTY DESCRIPTION VENDOR VENDOR VENDOR VENDOR VENDOR I'ENDOR VENDOR
I. 1 TRACTOR, LOADER NO BID NO BID NO BID S24,64930
Lt., I BOX MADE S1,764,001 NO BID NO BID SI,436.45'
2. I T RACTOR FOI'R.NHEEL DRII'E NO RID NO BID NO BID S21V81.60 h
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2A.' I SID" ER72" S2,246.00 NO BID NOBID SI,350.95
20. 1 LOADER•QC'ICKATTACHMETACII NO BID NO BID NO BID $3,393.00
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• Alrertda No,,,_
Agenda Item _
Date
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Did Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein: NOW, THEREFORE,
THE COUNCIL OF 7 HE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials,
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM ,
NUMBER NO VENDOR AMOUNT `
2002 ALL PRIESTER SUPPLY $26,063.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
• Proposals, and related documents.
SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance.
approval, and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions, specifications, standards, quantities and
• specified sums contained in the Bid Proposal and related documents herein approved and accepted. • O
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SECTION IV. That by the acceptance and approval of the above numbered itrms of du
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effm.ive immediately upon its passage and
approval.
PASSED AND APPROVED tss day of 1997.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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DATE: MARC" 18, 1997
CITY COUNCIL RCrORT
r0: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 20)2 - CABLE SPLICING TRAILER
RECOMMENDATION: We recommend this bid be awarded to the sole respondent, Priester Supply, in
the amount of $26,063.00 with delivery in 60 days.
SUNIJIARY: This bid is for the purchase of a 13' self contained enclosed trailer equipped with HVAC. 7
KW' generator, lights, cabinetry, traffic arrow board, and specialized equipment used for splicing fiber optic
cables. The unit will be assigned to the Electric Substations and Fiber Optic Operations Division.
The trailer is a fleet addition and was approwu in the 1996197 budget process. The single bid price is
attributed to the specialized cabinetry, floor plan layout, and equipment listed in the specifications and
considered by the using department to be impo •ani to the fiber optic cable splicing process.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Operations and the Electric
Substation and Fiber Optics Operation Division.
FISCAL InIPACT: Funds for this trailer were approved in the 1996/97 budget process and are available
in account number 610.132-1032-3920-9104.
Attachment: Tabulation Sheet ,
Respectfully submitted:
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Executiv ctor of Fin, nce
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Approved:
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, am c: Tom D. S haw, C. P. M.
Title: Purchasing Agent
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• MAGENTA
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RlD q 2002
BID NAME CABLE SPLICING TRAILER PRIESTER
SUPPLY
OPEN DATE FEBRUARY 25, 1997
N QTY DESCRIPTION VENDOR VENDOR
i. i CABLE SPLICING TRAILER $26,061.00
NO BIDS
PREFERRED SALFS
TEMPLE.
POWER SUPPLY INC
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Apanda No.
Agepda Item
Date ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance faith the procedures of STATE
law and City ordinances; and
'NHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein: NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials,
equipment. supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM '
NUMBER NO VENDOR AMOUNT
2006 ALL PAGENET OF DALLASTT. WORTH, INC. EXHIBIT A
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or setices in accordance with the terms,
specifications, standards, quantit;es and for the specified stuns contained in the Bid Invitations. Bid
• Proposals, and related documents.
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SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance.
approval. and awarding of the bids, the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms, conditions. specifications, standards, quantities and •
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION 1V. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made ptusuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY,OPLD
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BID N 2006
BID NAME PAGERS AND PAGING SERVICE PACENET
OPEN DATE FEBRUARY 13,
0 QTY DESCRIPTION VENDOR
LOCA L:
1. 60 DIGITAL EXHIBIT "A"
PER MO 51.90
ISO ALPHANUMERIC
PER Mo 54.49
39 GROUP CALL DIGITAL
PER MO $0,25
75 GROUP CALL ALPHANUMERIC
PER MO . $0.25
2. STATEWIDE SERVICES:
S DIGITAL 52,10
PER MO
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10 ALPHANUMERIC 54,69
PER MO
0 GROUP CALL DIGITAL
PER YJ
0 GROUP CALL ALPHANV?*I ERIC
PER MO
339 TOTAL ESTIMATED QTY:
SOFTWARE FOR USING
ALPHANUMERIC PAGERSS 519.95
EARLIEST POSSIBLE DELIVERY +
FOR INITIAL 339 PAGERS FEB. 19TH
3. REPLACEMENT COST FOR LOST
PAGERS
PERPGR DIGITAL $70,00
PERPGR ALPHANUMERIC S149.00
PER PGR GROUP CALL DIGITAL $70.00
PER PGR GROUP CALL ALPHANUMERIC $149.00
4. INSL'R\NCElREPLACEMENT /
PLAN (12 MO COVERAGE)
PERYR DIGITAL 53.48
0 PER !'R ALPHANUMERIC 53.48 0
PER%R GROUP CALL DIGITAL 53.48
PER%R GROUP CALL ALPHANUMERIC $3.18
S. PERCENTAGE DISCOLNT Y• 33".
DELIVE11% I DAY 3
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DATE: MARCH l8, 1997
CITY. COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2006 - PAGERS AND PAGING SERVICE
RECOMDIENDATION: We recommend this bid be awarded to the lowest bidder, PageNet of DallasiFt.
1Vorth, Inc. The estimated annual expenditure is in excess of $15,000.00. See exhibit A attached for
individual pricing.
SUA5 ARY: This bid is for the annual contract to supply pagers and pager service to all departments of
the City of Denton that require pagers and pager services. This agrcement is intended to combine all pager
related service into one supplier. Our estimates indicate a savings of approximately $4,000.00 per year based
on current rates paid to numerous service providers.
All existing contracts will be cancelled and reissued to PageNet at the awarded prices.
The bid includes a supply of batteries, standby pagers for immediate activation should one fail, and
maintenance of leased equipment.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: All City of Denton employees using pagers
or pager service.
FISCAL IMPACT: Funds for the rent of pagers and paging service will be taken from each individual
department's budget funds.
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Attachments: Tabulation Sheet
Respectfully submitted: ,
~-,b- a"
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Executive Director of Finance
Approved:
c~ r
ame: om taw, C.P.M.
Title: Purchasing Agent
646.AGENDA t
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BID a 2006
BID NAME PAGERS AND PAGING SERVICE PAGENET
OPEN DATE FEBRUARY l8. 1997
N QTY DESCRIPTION _ VENDOR
LOCAL:
1. 60 DIGITAL EXHIBIT "A"
PER MO --,___----_S1.90_
- ISO ALPHANUMERIC
PER MO 54.49
39 GROUP CALL DIGITAL
PER MO 50.25
75 GROUP CALL ALPHANUMERIC
PER NIO $0.25
2. STATEWIDE SERVICES:
S DIGITAL $2.10
PER MO
10 ALPHANUMERIC 54.69
PER MO
0 GROUP CALL DIGITAL
PER MO
0 GROUP CALL ALPHANUMERIC
PER MO
339 TOTAL ESTIMATED TV:
SOFFNVARE FOR USING
ALPHANUMERIC PAGERSS $19.95
EARLIEST POSSIBLE DELIVERV
F0RINITIAL339PAGERS FEB 19TH
3. REPLACEM ENT COST FOR LOST
PAGERS
PERPGR DIGITAL 570.00
PER PGR ALPHANUMERIC $149.00
PER PGR GROUPCALL DIGITAL 570.00
PER PGR GROUP CALL ALPHANUMERIC $149.00
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4. INSURANCE/REPLACEMENT
PLAN (12 MO COVERAGE)
PERYR DIGITAL 53.48
• PERYR ALPHANUMERIC 53.48 • •
\ PERYR CROUP CALL DIGITAL $3.48
PER 1'R GROUP CALL ALPHANUMERIC 53.48
S, PERCENTAGE DISCOUNT % 33%
DELIVERV I DAY 5
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RID N.WE PAIO.RS AN D PAC ING SI.R( I(1. AIR 101111 AI AI P11.F RA(:IINL'I M(IIIII F.
PACING NIRLI KSA NOAID OMM
01'11,N DATE FI. DRUARI' I[ 1991
10 QTV DEMRIP170N 1'LNDOR ail YI,NIR1R ILNWR YYNOOR I'ENL)K
OOCAI:
0. f0 DIGITAL I
PER SIO S4.95 93,50 SI.BO, fI.90i f1.75
150 ALPHANCMERIC
PER sto $6 S734 Sig
J9 GROUP CALL DIGITAL
PER NIO WWI) 3t_W S9.D0 SO21SI S3,00
75 G RO('P CALL ALPI(ANUM ERIC
PER %10 j U.00 S850 $19.001 f0.15~ S.NN
1. ~ STA7[N IDE SERVICES: ~
S DIGITAL 56.9$ 9[50 113.00 SLSO, 51.15
PERSIO
10 ALPILAN'I MEW 51.95 511.(0 571.00 SLN SU,U
PER W)
0 GRI:RPCALL DIGIMI. - - - -
PEA MO
0 GROI T CALL AI.PIIA,NI'MERIC - -
PER MO
]J1 TOTAL IWIMATED QT1': 1ST 1 FREE
SOF7MARE FOR VSING
ALPHANUMERIC PAGERS 5 919195 -0• HI.00, SI1.95 SH.13
LARI.IF.ST POSNIDLF DFUIF.RI
FOR INI I IA L 70 FAG ERS IDDAIS FEB ISTII FER I9T11 MAX IST
i
AEPI..U 141 ENT COST FOR LOST
FAGE05 %0 PRF 1 %0 PRF NtC MOTORU N/O IN1 NAT 1.•:S.
PER PGR DIGITAL SU.D0 519,95 W.00 ~i S1100I $75.60, f11.00~ f1 I9.00, 115.00
• PER PGRi ALPIIA.NLMERIC S75.D0 5175,00 SI37,00 SLILO. SIA100 1149.01 1339.N, $05.01
PER PGR G ROLP CAL L O I G ITAL SAME AS A f01 'E I S79.00 1101001 SIU.01 11111,
PER PGR, GROPFCALL ALPHANUMERIC SAME AS AWVZ SIA1001 fIN.DO~ f279.M 561.09
l I NSU IU NCVR E PUCEM EN'F
• PLAN (13 MO COI ERACE)
•
PER IIt DIGITAL $1.00 MO 11101 SIL01 WAS SL00MO
`J PER IR ALPHANLNIERIC SI,DI MO 511100 moll 5141 11" 410
PERIR GROG P CALL DIGITAL 11101 $11.11 SI.A 11.06 MO
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PER 1R CPO( P CALL ALPHANUMERIC $11.00 ISSN $3,It {S.K 510
.l P£R('ENTAGt DISCOL'NT% 10% 1% 1>15%. 35% 41'
UFi.I/YAY' 11 DAIIt 7D.AIS II DAPS ID4A 70AYS
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Agenda No 97 O it
Agenda Item.._._L
Date 3-/8 9 7
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT, SUPPLIES OR SERVICES: PROVIDING
FOR T14E EXPENDITIIRE OF FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE
DATE.
i
WHEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or senices in accordance with the procedures of STATE
law, and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials. equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore: and
WHEREAS. the City Council has provided in the City Budget for the appropriation of fiords
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials.
equipment, supplies, or services, sho"m in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM ,
NUMBER NO VENDOR AMOUNT
2007 1,2,3 FLEET TRUCK EQUIPMENT EXHIBIT A
2007 3 FONTAIM TRUCK EQUIPMENT EXHIBIT A
SECTION 11. That o the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
specifications, standards, quantities and for the specified sums contained in the Bid Invitations, Bid
O Proposals, and related documents.
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SECTION III. That should the City and persons submitting approved and accepted items and
of the submitted bids wish to enter into a formal wTitten agreement as a result of the acceptance,
approval, and awarding of the bids, the City :Manager or h;c aesignated representative is hereby
autltorized to execute the written contract which shall be attached hereto; provided that the written -
• contract is in accordance with the terms, conditions. specifications. standards, quantities and • •
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION IV. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a N itten contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1497.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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BI4 p 2007
BID NAME TRUCK BEDS AND BODIES FONTAINE FLEET
TRKEQPT TRK
OPEN DATE FEBRUARY 25, 1997 CO. EQPT
f
0 QTY DESCRIPTION VENDOR VENDOR
1. 1 14'XB' CONT. DUMP BODY S4,793.00
EXHIBIT A
MFG. FLEET
MODEL: 1496
2. 1 11'X9' CONTRACTOR FLATBED
BODY 53,750.00
MFG. FLEET
MODEL: 1196
3. 2 SERVICE BODY FOR 3V TN
CABICHASSIS 53.323.00
4. 1 SERVICE BODY FOR 1 TN
CABICHASSIS S2.322.00
DELIVERY 60 DAYS
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DATE: MARCH 18, 1997
CITY-COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID # 2007 - TRUCK BEDS AND BODIES
RECOMMENDATION. NVe recommend this bid be awarded to the lowest bidder meeting specification as
listed:
Item I Contractor Dump Body to Fleet Truck Equipment at $ 4,793.04
Item 2 Contractor Flat Bed to Fleet Truck Equipment at $ 3,750.00
Item 3 (2 ea) Service Bodies for 314 Ton Pickups to Fontaine S 6,646.00
Truck Equipment at $3,323 each
Item 4 Service Body for 1 Ton Truck to Fleet Truck Equipment at S 2,322.00
Total Bid Award 517,511.00
SUMMARY: These five beds and bodies are intended to be mounted on the truck cab/chassis approved
for purchase by Council on Bid # 1969 - Fleet Vehicles.
The prices offered by Fleet Truck Equipment on Bid Item #3 is the result of an obvious error and has been
withdrawn.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Motor Pool Operation, Parks Department,
Street Departmen', Electric Distribution, and Traffic Control.
FISCAL IMPACT: The purchase of each of these beds and bodies will come from Motor Pool Replacement
funds or from 1996/97 budget funds for vehicle replacement.
Attachments: Tabulation Sheet
Respectfully submitted:
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Executive i ector of Finance
Approved:
Name: om a%v,
Title: Purchasing Agent
B / S . AG Eh'CA
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,
IIIII N 21107
BID NANIL IRICKDEUSAN7)DOWN% ('0.%[%II.k(IAl.' A.C.1'AN F'7 WORM WIN1AINE FLEF:'1
BODY IRKEQPF IRK IRKEQPT IRK
OPEN D.\7E FEBRUARV 25,1991 SIIPPL%' CO. EQPT
N i QTY 3 DESCRIPTION VENDOR I VENDOR VENDOR 4 VENDOR VENDOR I VENDOR i SENDOR
~ ff
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L 1 14'X8' (:ONT. DUN1P BODV 1 $5,392.00 it NO 010 $5,565.00 S6,300.00 + 51,19J.00
OMAFIA FT W'ORTII +
MFG.i STANDARD 4 TRUCK FONTAINE f FLEET f
SIODEL: i 11DI41624D)1 14CEf1D F'I'EC-4 1496
2. 1 11'XS' CON I PUCfOR FIATBED
BODY S4,049.D0, 54,094.00, 54,090.00 $4,900.00 53,750.00
01LULS ONt.A11A
MFG. STANDARD STANDARD I EONTAINC j FLEET
BADGER
5fO[)EL: BII IIIIW IIC'I10 FTEC'11 1196
f
3. 2 SERA'I''F. BODY FOR3141N
CABICIIASSIS 55,064.00 S33M.00 $3,44500 fJ3..,00 f $2,322.00
I ~
4. 1 SERVICE RODV FOR I TIN
C'AWCNASSIS $372900 5299400 SJA3S.00 52,670.00. 52d27.00
DELIVERY GO DAIS 60 DAPS 60 DAPS 60 DAYS {
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Agenda No. g7 ~J
Agenda Item
Date_ _IF 92
ORDINANCE NO.
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT. SUPPLIES OR SERVICES; PROVIDING
FOR THE EXPENDITURE OF FUNDS THEREFOR. AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, the City has solicited. received and tabulated competitive bids for the purchase
of necessary materials. equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances: and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials. equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore; and
WHEREAS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment, supplies or services approved and accepted
herein; NOW. THEREFORE,
TI4E COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the numbered items in the following numbered bids for materials.
equipment, supplies, or services, shown in the "Bid Proposals" attached hereto, are hereby accepted
and approved as being the lowest responsible bids for such items:
BID ITEM '
NUMBER NO VENDOR AMOUNT
2018 ALL INDUSTRIAL INTERNATIONAL EXHIBIT "A"
SECTION IL That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms,
specifications, standards, quantities and for the specified sums contained in the Bid Invitations. Bid
Proposals, and related documents.
SECTION 111. That should the City and persons submitting approved and accepted items and
l
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance.
approval, and awarding of the bids. the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto: provided that the written
contract is in accordance with the terms. conditions, specifications, standards. quantities and
specified sums contained in the Bid Proposal and related documents herein approved and accepted.
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SECTION 1V. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS. CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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BID N :GSB
BIDNAME ANNUAL PRICE AGREEMENT FOR INDUSTRIAL
WATERNIETERS INTERNATIONAL
OPEN DATE FEBRUARY 27, 1997 E
N QTY DESCRIPTION iENDOR
EXHIBIT „A..
A. WATER METER DIRECT
READ POSITIVE PLACEMENT
1. 2500 EA 518" X 314" 523.00
2. 50 EA 314" X 314" $40.43
3. $O EA 1" S71A0
4. 60 EA 1 112" $157.29
5. 75 EA 2" 5214.92
MANUFACTURER
B. WATER METER
DIRECT READ POSITIVE
PLACEMENT WiDUAL CHECK
ASSEMBLY
1. 50 EA 518" X 314" DUAL $80.50
MANUFACTURER NEPTUNE
DELIVERY 30 DAYS
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DATE: MARCH 18, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Dire-tor of Finance
SUBJECT: BID 0 2018 - ANNUAL PRICE AGREEMENT FOR WATER METERS
RECOMMENDATION: We recommend this bid be awarded to the lowest overall vendor, Industrial
International, at the unit prices as follows:
A 1. WATER METERS 518 X 3/4 S23.00 EACH
2. WATER METERS 314 X314 $40.43 EACH
3. WATER METERS 1" $71.40 EAf.H
4. WATER METERS 1 'b" $157.29 EACH
5. WATER METERS 2" $214.92 EACH
h
B 1. WATER METER 5/8 X 314" DUAL 580.50 EACH
For an estimated annual expenditure of $92,672.90
SUMMARY: This bid is for an annual price agreement for the purchase of water meters which will replace
warehouse inventory. These water meters will be used by the Water Distribution Department as new installations
and as replacement meters throughout the City of Denton's water system.
Two bid proposals were received in response to seven bid packages mailed to prospective vendors.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Meter Department, Water Utilities, Water
Utility Customers of the City of Denton.
FISCAL IMPACT: Warehouse Working Capital
Attachment: Tabulation Sheet
Respectfully submined:
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Gxecu ' ctorof Finance
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Prepared by:
NaMe: erase arpoo + !
Title: Senior Buyer
Approved: •
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Name: Tom Shaw, .
Title: Purchasing Agent
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'BID $0 2018
BID NAME ANNUAL PRICE AGREEMENT FOR BADGER INDUSTRIAL
WATER METERS METER INTERNATIONAL
OPEN DATE FEBRUARY 27, 1997
M QTY DESCRIPTION VENDOR VENDOR
A. WATER METER DIRECT
READ POSITIVE PLACEMENT
1. 2500 EA 5/8" X 314" S26.45 $23.00
2. 50 EA 3/4" X 3/4" 538.90 S40.43
3. 50 EA 1" S68.90 S71.40
4. 60 EA 11/21, $188.00 $157.29
S. 75 EA 2" 5287.00 $214.92
MANUFACTURER BADGER
B. WATER METER
DIRECT READ POSITIVE
PLACEMENT WIDUAL CHECK
ASSEMBLY
1. 50 EA 518" X 314" DUAL NO BID ' 580.50
MANUFACTURER _ NEPTUNE
DEL (VERY 30 DAYS 30 DAYS
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Agenda No
Agenda Item /I/
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ORDINANCE NO. Date 3 T-92 '
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND AWARDING A CONTRACT FOR
THE PURCHASE OF MATERIALS, EQUIPMENT. SUPPLIES OR SERVICES; PROVIDNG
FOR THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING FOR AN EFFECTIVE
DATE.
WIJEREAS, the City has solicited, received and tabulated competitive bids for the purchase
of necessary materials, equipment, supplies or services in accordance with the procedures of STATE
law and City ordinances; and
WHEREAS, the City Manager or a designated employee has reviewed and recommended
that the herein described bids are the lowest responsible bids for the materials, equipment, supplies
or services as shown in the "Bid Proposals" submitted therefore. and
VIHERE•AS, the City Council has provided in the City Budget for the appropriation of funds
to be used for the purchase of the materials, equipment. supplies or services approved and accepted
herein; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the numbered items in the following numbered bids for materials.
equipment. supplies, or services, shown in the "Bid Proposals" attached hereto. are hereby accepted
and approved as being the lowest responsible bids for such items:
DID ITEM
NUMBER NO VENDOR AMOUNT
2020 ALL DALLAS PETERBILT S 123,533.00
SECTION 11. That by the acceptance and approval of the above numbered items of the
submitted bids, the City accepts the offer of the persons submitting the bids for such items and
agrees to purchase the materials, equipment, supplies or services in accordance with the terms.
specifications, standards. quantities and for the specified sums contained in the Bid Inv;:"tions. Bid
Proposals, and related documents.
SECTION 111. That should the City and persons submitting approved and accepted items ano
of the submitted bids wish to enter into a formal written agreement as a result of the acceptance.
I approval. and awarding of the bids. the City Manager or his designated representative is hereby
authorized to execute the written contract which shall be attached hereto; provided that the written
contract is in accordance with the terms. conditions. specifirations, standards, quantities and
• specified sums contained in the Did Proposal and related documents herein approved and accepted. • •
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SECTION 1V. That by the acceptance and approval of the above numbered items of the
submitted bids, the City Council hereby authorizes the expenditure of funds therefor in the amount
and in accordance with the approved bids or pursuant to a written contract made pursuant thereto as
authorized herein.
SECTION V. That this ordinance shali become effective immediately upon its passage and
approval.
PASSED AND APPROVED this day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: '
HERBERT L. PROUTY, CITY ATTORNEY
BY:
SUPPLY.ORD
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DATE: MARCH 18, 1997
CITY COUNCIL REPORT
T0: Mayor and Members of th,. City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID 412010 - REFUSE TRUCK FRONT LOAD
RECODLIIENDATION: We recommend this bid be awarded to the lowest responsible bidder meeting
specification Dallas Peterbilt in the amount of 5123,533.00 with delivery in 120 - 135 day's.
SUMI) ARY: This bid is for the purchase of a 40 cubic yard front load refuse truck. It replaces a 1986 side
load truck that has been taken out of service.
The recommended low bid has a Peterbilt cab chassis and a EZ PAK 40 cubic yard packer MINI. The
Commercial Solid Waste Division is converting a certain amount of side load container service customers to
front load. The conversion is intended to ease traffic congestion and improve efficiency.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Commercial Solid Waste Division and
Motor Pool Operations.
FISCAL IMPACT: This truck will be purchased from Motor Pool lease funds intended for vehicle
replacement. Account # 720.025.0582-9104.
Attachments: Tabulation Sheet ii
Respectfully submitted: I
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Execu rector of Finance
Ap roved:
Lame: om aw,
Title: Purchasing Agent
850. AGENDA /
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BID NAME Nf;F11SE TRUCK DALLAti 13111111% ~ 11:113115 I b\LL\S I 0-111.1.15 ' ('ROSSTUWN ~ ('R(1ti5'[UWV I \Ill.\O \UL1O
PEI I,RKILT Pon Fil BILI' { FEEP RBI LT PETF.RBII.T' PETERBILT FORD FORD 110OKfll FFWONIII
OPEN DATE MARCII 1997 Nl N2 I N3 NS CORPUS CORPUS Nl N1
PAGEI OF1 MI N]
~N Qri DESCRIPTION I VENDOR I VENDOR VENDOR VENDOR VENDOR t'ENDOR VENDOR VENDOR ` VENDOR I
L I REFUSE 1 RUCKr i
40 CUBIC YARD FRONT LOADING 5114,(3(.00 5:111,699.00 SII7,009.D01 $120,9f2.00; 111.".001 1131,10100 ft1"7.00 5133,907.00 S12E,191.00
i
!I DEII\'ERV TIME OF COMPLETE r
1 t'NIT: DAYSARO 134150 170-135 110135 120-135 110.133 1111.135 ' 210-235 214130 715230
TRUCK CA B'CHASSIS: Pit PB . PIE PB PB i A'OLVO VOLVO VOLVO VOLVO
MFG. 320 370 370 + RO 320 W % N W % 64 N % N I$ X 64
BODY BRIDGEPORT SIC'NEILVS ~ IIE16 PAKMOR EZ PAX ~ IIEIL I PAKSIOR 111111. PANMOR
i i
FNGI\EMFG•_MODEL DEMO 112 ITEB10 FEE. 112 PK3 FPL840 112 PK3 !1,1.1140
59,700.00 111.740.00
E I ALTEII.IA1 E I ON-BOARD SCALE 56,175.00 57,1SOA0~ 59,100110 f6,750.00 $7,973.00 51750.001 (6.1..40,00 59,100.00 59,740.00
TOTAL 5113,911.00 5116,119,001 $36,109.00 5129,1110011 $123.533,00, $141,15100 SI35,137.00 "11,657.00 f137,611.00
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11111 N 21120 '
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BID SAME RIJ USE IRI'CK Ili I.LAS I1I.1.AS D.\I.LAS LOBE LON F. LONE LOVE I.ON F.
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NJ .if K NL N'K MACK STAR SLAB STAR SL\R 411 %K
OPEN DATE MARCH 6.1997 NI 02 03 TRU.'K TRUCK TRUCK TRUCK TRI('K
PAGE20F'2 AI 61 03 Fl MS
~0 QIV I DFSCRIT170N VENDOR VENDOR ~ VENDOR VENDOR j A'ENDOR j VENDOR VENDOR j VENDOR
I. I RETUSE TRUCK:
10 C'C BIC YARD FRONT LOADING $120,615.00 3111,362.00: 6117,286.00' ' $127,93 L00, 5121,961.00; 31 15,928.001 $119,191.00 S115.902,00
I/FLI YER%'I I NIE OF CO NI PI. F.TE
l'W: DAIS ARO 180210 180-210 160-210 IM1.4 120.110 I]A 150 120IW 120.150
TRUCK CA&CNASSIS: NL\('K NIACK NL%CK VOLVO 1'OLN'0 VOLYO N'00'0 1'OL\'ll
MEG. AIR6885 NIR6685 SIR6185 NX 61 NIX 61 N'X 61 NXGI \\N 61
BODY NICNF.ILUS BRIDGFPORT EZPAK IIEIL PAKSIOR BRIDGEPORT AICNF.IIAS UP.\K
ENGINE NIFG. S10DEL 112 PK! 1PE800 01Nf10 F1.80
S9,1 D0.00 $9,100.00 .
2. 1 ALTERNATEION-BOARDSCALE 37,973.00, 51,175.00 57,973.00, $1,150.00, $1,750.00, $8,178.00 57,450.00 S7r973.00
TOTAL $128.91.00; 3125A37.001 S12."9.00'r 5136,251A0 SIX734.001 $124,103.00 5126,6+400 $12J,87..00
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Agenda No._
Agenda Item ._._Zl,
ORDINANCE NO. Date 3'Lk-L22-9--
AN ORDINANCE ACCEPTING COMPETITIVE BIDS AND PROVIDING FOR THE AWARD
OF CONIR.,1CTS FOR PUBLIC WORKS OR IMPROVEMENTS: PROVIDING FOR THE
EXPENDITURE 017 FUNDS THEREFOR: AND PROVIDING FOR AN EFFECTIVE. DATE.
WHERFAS. the Cite has solicited. received and tabulated competitive bids for the
construction of public works or improvements in accordance with the procedures of STATE law
and City ordinances: and
WHEREAS. the Cite Manager or a designated employee has received and recommended that
the herein describxd bids are the lowest responsible bids for the construction of the public works or
improvements described in the bid imitation. bid proposals and plans and specifications therein;
NOW. THI RFFORE.
THE COUNCII.OF 111F CITY OF DENTON HEREBY ORDAINS:
SECTION I. Than the 1'01l0%ying competitive bids for the construction of public works or
improvements. as descnbed in the "Bid Invitations". "Bid Proposals" or plans and specifications on
file in the Office oi'the C it%'S Purchasing Agent tiled according to the bid number assigned hereto.
are hereby accepted and approved as being the lowest responsible bids:
BID
NU\I11I:R CONTRACTOR AMOUNT
I
2021 HAND ] CONSTRU"TG S65.000.00
SECTION ll. That the acceptance and approval of oN: competitive bids shall not
constitute a contract bet+seen the City and the person submitting the bid for construction of such
public works or improwaicnts lierein accepted and approved. until such person shall comply with
all requirements pccificd in the Notice to Bidders including the timely execution of a written
contract and ILrni.shine of performance and payment bonds. and insurance certificate after
notification ot'thc ,Heard of the bid.
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SECI ION I11. That tl,e City Manager is hereby authorized to execute all necessary written r
contracts Ibr the perfol-nionec ofthe construction of the public works or improvements in accordance
tcith the bids ucc.-ptcd and approwd herein. provided that such contracts are made in accordance
ith the Notice to Biddcri and Bid Proposals, and documents relating thereto specifying the terms.
conditions. plan,'11 d spailicntinns. standards. quantities and specified sums contained therein.
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SEC I ION IV. That upon acceptance and approval of the above competitive bids and the
execution of contracts for the public works and improvements as authorized herein, the City Council
hereby authorizes the cxpendiwre of funds in the manner and in the amount as specified in such
approved bids and authorized contracts executed pursuant thereto.
SECTION' V. That this ordinance shall become effective imtnediately upon its passage and
approval.
PASSED AND APPROVED this the day of .097.
JACK MILLER. MAYOR
ATTEST:
JENNIFER WAL hERS. Cl r)' SECRETARY
BY:
APPROVED AS FO LEGAL FORM:
HERBERT I.. PROUTY. CITY ATTORNEY
BY:
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DATE: MARCH 18, 1997
CITY CO_UNCILL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: BID 102021 • EVERS PARK REST ROOMICONCESSION BUILDING
RECOMMENDATION: R'e recommend this bid be awarded to the lowest responsible bidder,
H & J Construction, in the amount of $65,000.00 with completion in 100 calendar days.
SUMMARY: This bid is for the construction of a restroom and concession building located in
Evers Park at 3300 Evers Parkway. It is an approximate 864 sq. fl. masonry and concrete block
building with composition roofing. Included in the design are men's and women's restrooms,
concession stand and storage facilities, parks department etorage. as well as storage for athletic
equipment.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, Even Park
Athletic Activities, and Parks Maintenance Division.
FISCAL IMPACT: This is a CDBG funded project. The budget for this construction was 570.000
set aside in account number 219.05A-CDA9.8502.
Attachments: Tabulation Sheet
Respectfully submitted:
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Kath ~
Executive Director of Finance
Approved:
Name: Tom D. Shaw, C.P.M.
Title: Purchasing Agent
B 57. DCC
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BID # - 2021
BID NAME EVERS PARK RESTROOW ' H&J DBR
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CONCESSION BUILDING CONSTRUCTION CONSTRUCTOON
OPEN DATE • MARCK 11, '1997
# _ QUANTITY DESCRIPTIO-N VENDOR VENDOR _.I VENDOR
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1 1 BASE BID (111 _ $65,000.00 $97,9119.00
DAYS TO PERFORM WORK UPON 100 DAYS 110 DAYS
NOTICE TO PROCEED
BOND YES YES
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t:\NPDOCS%MNYOU"P CAR
Agenda No,.~ D/
Agenda Item
Date 3-I P-9 9
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH FORD, POWELL, AND CARSON, INC. FOR THE
CIVIC CENTER COMPLEX MASTER PLAN; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a professional services agreement with Ford, Powell., and
Carson, Inc. for the Civic Center Complex Master Plan, a copy of
which is attached hereto and incorporated by reference herein.
SECTION II. That the expenditure of funds as provided in the
attached agreement are hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
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APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: Y~ G C/
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PROFESSIONAL SERVICES AGREEMENT
FOR MASTER PLANNING OF CIVIC CENTER COMPLEX
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the 4th day of
February, 1997, by and between the City of Denton, a Texas
Municipal Corporation, with its principal office at 215 E. McKinney
Street, Denton, Denton County, Texas, 76201, hereinafter referred
to as OWNER and Ford Powell and Carson, Inc., with its corporate
office at 1138 East Commerce Street, San Antonio, Texas 78205,
hereinafter referred to as the CONSULTANT acting herein, by and
through their duly authorized representative.
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows:
ARTICLE I
EMPLOYMENT OF CONSULTANT
The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection with the Project as stated in the
• sections to follow, with diligence and in accordance with the
highest professional standards customarily obtained for such y `
services in the State of Texas. The professional services set out
herein are in connection with providing master plan for Civic
® Center Complex. •
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
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professional manner:
A. The CONSULTANT shall perform all those services as necessary
and as described in the OWNER's Request for Proposal City of
Denton, Civic Center Park which is attached thereto and made a
part hereof as Exhibit 'A' as if written word for word herein.
B. To perform all those services set forth in CONSULTANT'S Master
Planning Services for Civic Center Complex, Denton, Texas,
dated January 22, 1997, which proposal is attached hereto and
made a part hereof as Exhibit 'B' as if written word for word
herein.
C. If there is any conflict between the terms of We agreement
and the exhibits attached to this agreement the terms and
conditions of this agreement will control over the terms and
conditions of the attached exhibits or task orders.
ARTI LE III
ADDITIONAL SERVICES
Additional Services to be performed by the CONSULTANT, if
authorized by the OWNER, which are not included in the above
described basic services, are described as follows:
A. During the course of the project, as requested by OWNER, the
CONSULTANT will be available to accompany OWNER'S personnel
when meeting with the Texas National Resource Conservation
Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER i
personnel on an as-need basis in preparing compliance
schedules, progress reports, and providing general technical
support of the OWNER's compliance efforts.
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- B. Assisting OWNER or contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall
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be furnished by CONSULTANT on a fee basis negotiated by the
respective parties outside of and in addition to this
Agreement.
C. Sampling, testing or analysis beyond that specifically included
in Basic Services.
D. Preparing copies of Computer Aided Drafting (CAD) electronic
data bases, drawings, or files for the OWNER's use in a future
CAD system.
E. Preparing applications and supporting documents for government
grants, loans, or planning advances and providing data for
detailed applications.
F. Appearing before regulatory agencies or courts as an expert
witness in any litigation with third parties or condemnation
proceedings arising from the development or construction of the
Project, including the preparation of engineering data and
reports for assistance to the OWNER.
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ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the
OWNER and the CONSULTANT of this Agreement and upon issue of a
notice to proceed by the OWNER and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
• extensions approved by the OWNER. This Agreement may be sooner
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terminated in accordance with the provisions hereof. Time is of
the essence in this Agreement. The CONSULTANT shall make all
reasonable efforts to complete the services set forth herein as
• expeditiously as possible and to meet the schedule established by
the OWNER, acting through its City Manager or his designee.
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~aCLE V r
COMPENSATION
A. COMPENSATION TERMS:
1. 'Subcontract Expense' is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms for
services in the nature of geotechnical, structural,
electrical or mechanical engineering.
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipment, travel, reproductions,
communications, subsistence and lodging away from home and
similar incidental in connection with that assignment.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be
performed by the CONSULTANr herein, the OWNER agrees to pay
based on the cost shown in Exhibit B, which is attached hereto
and made a part of this agreement as if written word for word
herein, a total fee including reimbursement for direct non-
labor expense not to exceed $48,250.00.
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the
OWNER through its City Manager or his designees; however, under
no circumstances shall any monthly statement for services
• exceed the value of the work performed at the time a statement
is rendered. The OWNER may withhold the final 5t of the ' f
contract amount until completion of the project.
` Nothing contained in this Article shall require the OWNER to I~
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pay for any work which is unsatisfactory as reasonably
determined by the City Manager or his designee or which is not
submitted in compliance with the terms of this contract. The
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OWNER shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under this
contract.
it is specifically understood and agreed that the CONSULTANT
shall not be authorized to undertake any work pursuant to this
agreement which would require additional payments by the OWNER
for any charge, expense or reimbursement above the maximum not
to exceed fee as stated without first having obtained written
authorization from the OWNER. The CONSULTANT shall not proceed
to perform additional services listed in Article IV. Additional
Services, without obtaining prior written authorization from
the OWNER.
C. ADDITIONAL SERVICES
For additional services authorized in writing by the OWNER in
Article IV, the CONSULTANT shall be paid based on the Schedule
of Charges at an hourly rate shown in Exhibit B. Payments for
additional services shall be due and payable upon submission by
the CONSULTANT and shall be in accordance with subsection B
hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT
if the OWNER fails to make payments due the CONSULTANT for
services and expenses within sixty (60) days after receipt of
the CONSULTANT'S undisputed statement thereof, the amounts due
the CONSULTANT will be increased by the rats of one percent
(It) per month from the said sixtieth (60th) day, and in
addition, the CONSULTANT may, after giving seven (7) days'
written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all I~ d
amounts due for services, expenses and charges provided,
however, nothing herein shall require the OWNER to pay the late
charge of one percent (lt) set forth herein if the owner
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reasonably determines that the work is unsatisfactory, in
accordance with this Article V, Compensation.
ARTICLE V
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence
in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any of his
subcontractors or subconsultants, as described in Exhibit B.
ARTICLE VI
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and furnished by the CONSULTANT are intended
only to be applicable to this project and OWNER'S use of these
documents in other projects shall be at OWNER'S sole risk and
expense. In the event the OWNER uses the documents in another
project or for other purposes than specified herein any of the
information or materials developed pursuant to this agreement,
CONSULTANT is released from any and all liability relating to their
use in that project.
ARTICLE VII
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent
contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status. • 0
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ARTICLE VIII
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and all liability, claims, demands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney
fees incurred by the OWNER, and including without limitation
damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders. agents, or employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a
liability to any person who is not a party to this Agreement and
nothing herein shall waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by
anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly
reserved.
ARTICLE IX
INSURANCE
During the performance of the Services under this Agreement,
CONSULTANT shall maintain the following insurance with an insurance
company licensed to do business in the state of Texas by the State
Insurance Commission or any successor agency that has a rating with
Best Rate Carriers of at least an A- or above:
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A. Comprehensive General Liability Insurance with bodily injury
limits of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 fcr each occurrence and not
less than $100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not
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less than $500,000 for each person and not less than $500,000
for each accident and with property damage limits for not less
than $100,000 for each accident.
C. Worker's Compensation Insurance in accordance with statutory
requirements and Employers' Liability Insurance with limits of
not less than $100,000 for each accidei+t.
D. Professional Liability Insurance with limits of not less than
$1,000,000 annual aggregate.
E. The CONSULTANT shall furnish insurance certificates or
insurance policies at the OWNER's request to evidence such
coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies and shall contain a
provision that such insurance shall not be canceled or modified
without 30 days prior written notice to OWNER and CONSULTANT.
in such event, the CONSULTANT shall, prior to the effective
date of the change or cancellation, serve substitute policies
furnishing the same coverage.
ARTICLE X
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this
Agreement by submitting the dispute to arbitration or other means
of alternate dispute resolution such as mediation. No arbitration
or alternate dispute resolution arising cut of or relating to, this
agreement involving one party's disagreement may include the other
• party to the disagreement without the other's approval.
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ARTICLE XI
TERMINATIO," OF AGREEMENT
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- A. Notwithstanding any other provision of this Agreement, either
party may terminate by giving thirty (30) days advance written
`J notice to the other party.
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B. This agreement may be terminated in whole or in part in the
event of either party substantially failing to fulfill its
obligations under this Agreement. No such termination will be
affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of
intent to terminate and setting forth the reasons specifying
the nonperformance, and not less than 30 calendar days to cure
the failure, and (2) an opportunity for consultation with the
terminating party prior to termination.
C. If the agreement is terminated prior to completion of the ser-
viceu to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services
to the owner within 30 days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered
and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination in ac-
cordance with Article IV, Compensation. Should the OWNER sub-
sequently contract with a new CONSULTANT for the continuation
of services on the project, CONSULTANT shall cooperate in
providing information. The CONSULTANT shall turn over all
documents drepared or furnished by CONSULTANT pursurat to this
Agreement to the OWNER on or before the date of termination but
may maintain copies of such documents for its use.
LRTICLE XII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute nor be deemed a
releaee of the responsibility and liability of the CONSULTANT, its
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employees, associates, agents. subcontractors and subconsultants
for the accuracy and competency of their designs or other work; nor
ehall such approval be deemed to be an assumption of such
• responsibility by tt:e City for any defect in the design or other • •
work prepared by the CONSULTANT, its employees, subcontractors,
agents and consultants.
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NOTICES
All notices, communications:, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days mailing:
To CONSULTANT: To OWNER:
Boone Powell, Principal City of Denton
Ford, Powell and Carson, Inc. ATTN: Ricky Petty
1138 Commerce St. TITLE: Park Planner
San Antonio, TX 78205 321 E. McKinney
Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing.
ARTICLE XIY ,
ENTIRE AGREEMENT
This Agreement consisting of 15 pages and two (2) exhibits
constitutes the complete and final expression of the agreement of
the parties and is intended as a complete and exclusive statement
of the terms of their agreements and supersedes all prior
contemporaneous offers, promises, representations, negotiations,
discussions, communications and agreements which may have been made
Y in connection with the subject matter hereof.
eBrrcLE xv
SEVERABILITY
If any provision of this Agreement is found or deemed by a O
court of competent jurisdiction to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
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shall not cause the remainder to be invalid or unenforceable. In
such event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE XVJ
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work
covered hereunder as they may now read or hereinafter be amended.
ARTICLE XVII
DISCRIMINATION PROHIBITED
In performing the services required hereunder, the CONSULTANT
shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical
handicap.
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ARTICLE XVIII
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own
expense all personnel required to perform all the services
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations
with the city. CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of interest that may 1
arise during the term of this Agreement.
B. All services required hereunder will be performed by the
E CONSULTANT or under its supervision. All personnel engaged in •
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services.
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ARTICLE XIX •
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement
and shall not transfer any interest in this Agreement (whether by
assignment, novation or otherwise) without the prior written
consent of the OWNER.
ARTICLE XX
MODIFICATION
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or
received in evidence in any proceeding arising between the partied
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, and unless such waiver or
modification is in writing, duly executed; and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
&&VCLE XXI
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits):
B. CONSULTANT agrees that OWNER shall, until the -xpiration of
three (3) years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
books, documents, papers and records of the CONSULTANT
O involving transactions relating to this Agreement. CONSULTANT O O
agrees that OWNER shall have access during normal working hours
to all necessary CONSULTANT facilities and shall be proviled
adequate and appropriate working space in order to conduct
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audits in compliance with this section. OWNER shall give
CONSULTANT reasonable advance notice of intended audits.
C. Venue of any suit or cauee of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key persons who will
perform most of this work hereunder shall be Boone Powell,
Cullen Coltrane, and John Dupuy. However, nothing herein shall
limit CONSULTANT from using other qualified and competent
members of their firm to perform the services required herein.
E CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner; and, in accordance with the provisions
hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the OWNER.
The OWNER shall assist the CONSULTANT by placing at the
CONSULTANT's disposal all available information pertinent to
the project, including previous reports, any other data
relative to the project and arranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon,
public and private property as required for the CONSULTANT to
perform services under this Agreement.
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C. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
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IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of
1996.
CITY OF DENTON, TEXAS
C~
Ted Benavides, City Manager
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By'
APPROVED AS TO LEGAL FORM;
HERBERT G. PROUTY, CITY ATTORNEY
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CONSULTANT
By: -Aeovz >Oaeeg~-
Name: _ E~OOW&- f6kA944-
Title: C }.(fCMIAN Q°T}+E aAago
WITNESS: nn
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C'.\YCS1 \San1~cl Vltp~r
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Exhibit A
REQUEST FOR PROPOSAL
CITY OF DENTON
CIVIC CENTER PARK
YOUR FIRM IS INVITED TO SUBMIT A PROPOSAL TO PROVIDE PROFESSIONAL
AND TEGMCAL SERVICES NECESSARY FOR THE PREPARATION OF A MASTER
PLAN DEVELOPMENT FOR CIVIC CENTER PARK
SCOPE OF SERVICES
The basic service you should address in your proposal are for MASTER PLAN
DEVELOPMENT as detailed below.
The Consultant will prepare a Master Plan Musming all the critical elements such as
pedestrian and vehicular paving, plaza(s), lighting, pond(s) water feature(s), bridge(s),
landscape area and types, pedestrian amenitim public crt etc. The sale of the plan will
be adequate to clearly illustrate paving, sea* areas, fighting and landscape planting.
Sufficient sections and ilhustmdve sketches shall be prepared to communiate fuQy the
design intent. The plan will be submitted in hard copy suitable tor public presentation and
digital form on 3.5" diskette in Autocad R13 DWG format.
The Cons-hat will meet with City staff and Vision Committee to ddutt>me the
requirements and refine the design cortcepta of the project. The Consultant will prepare
written documentation of meedng(s) directives.
The Consultant will conduct u' design workshop with City Staff and Vision Play
Committee to review the drawings and prelimkury cost estimate(s).
The Coasuhant will prepare final Master Plan Development Drawings for a formal
presentation to the Vision Committee and interest citizens.
The City Staff will provide ail required base information of existing conditions as directed
• by the Consultant.
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CONTENTS OF PROPOSAL
The Consultant's information should be concise and may be supported by other exhibits that
demonstrate the firm's qualifications. Your proposal must list the following: - • •
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I. Your firm's experience with this type of project.
2. Credentials of the individuals from your firm who will be directly involved with the
project, including information on their experience with type of project.
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3. Any Engineers or Sub-Consultants you plan to tae to provide the services requited
and their atperil axe on similar projects.
4. Tune [rune required to perform the services for this project.
5. A description of the procedure in which the conaltaru will work with City Staff
MsTUnn O cFr rCnON
information will be reviewed by an evaluation team consisting of selected City Stall
The information will be evaluated on various criteria incW&ng, but not limited to, the following:
I . Consultant team composition - orgy &Adonal adequacy.
2. Procedure in which the consultant will work •Hith City Staff.
3. Experience - both general and with similar projects.
4. Quality of past work.
5. Ability to complete the project on time and within budget.
The agreement between the selected Consultant and the City will be on approved City of Denton
forms with special conditions being agreed to by both parties according to the RFP and other
negotiated items.
In the event clarification or additional information is needed, contact Ricky D. Petty, Park
Planning Coordinator, 321 E. McKinney, Denton, Texas 76201, (817)566-8505.
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kA I) N~SILL a.,0s %N i%K- 11-VA y„~... Exhibit a
Mawra.mr e10 bat, CCS. W
P,nnint Cr.44 MI. FA3A 3aFw M. Mar ALA
t~n.LrR lrt 1T+„n -WA Lqul %Wdw. C ltmw ALA
:nie w r",r sam Fawea FAIR 5* 1 a'N. P. ALA
C6%Ci . FLA K~b Fowpn ASIA
6nw I fww. ALA Gin Cao.!a W
I i h L* C.mr a Srr,w CA in S Fern.w. K A Amur
in 4,o w T,uLou AF t.,wn4611. ALA Yrlar Ywee ALA
irwe a' dn. Ir. ASLA rw I. Weser, ALA
00 Cvdw. ASllp 1e*" C. Fwap. W
January 22. 1991
Mr. Ed Rodney
DiNCI,v of Parks and Ittvrcation
City pd fts•nwo
Nnton TX 76241
R£: Master Planalag Scrslces for the
0' Nell Ford Civic Compkt located
Is Oeatoa, Texas
Dear Mr. Hodney
Fwd. Pow0l R Can+n IFPC? is ph:awd to prpvitk this pn>twtal fpv tkvelopinj a site improvertrent plao for IN.
W NrM Ford CFvie Cnmpics. 1t is our un.krvlanding that the FUliminary pnigramming elements will:
1. Create a pork charxtcr that will rvilecl Dcnt.w's historic character while settiog standards for dsc
future Rrowth of Denton.
lac.rpprate esiuing facilities such as the Women's CIO Buihlieg, City Hall, Civic Center, Emily
Fowler lihcay and the Civic C.nt.r Poul into the trawr plan.
Prof inlprovcnknts f.r the City Hall courtyard.
a. Evah.are and dcvclop the un&rutlliiW open gaccs along McKinney Street.
S. Propoq a variety of outdoor plazas and open tpaw that will.
a. Create small passive gathering spaces.
b. Provide large open spaces to accommodate up to 20,000 peak part patrons for large events.
• c. Relate to existing facilities.
d. Create *m for small special events
6. Develop a pedestrian circulation system than
a. Proposes a primary Kees. point into park.
b. Provides Handicap accemihility to all site features and amenities.
• 7. Dcvel,T a concept tkAign for a pedestriadsrvice vehicle bridge over existing drainage channel.. O •
S. Evaluate and rrWify existing parking areas ore it elates to future park mquiremms.
9. Su;aYa vu arrxni isy such B;
a. Sito riunivhings e.g. hcnehcc hike rite indr urns
Ip. H'atcr fcawrev through the uv pd Cxistiag drainage chanrwls.
c. 0vtrl,%,l,, and taro. Ihr ul h the use of cuntmming the existing iop.pgraphy.
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M' .Y.-.._.. .NAM r . Y.rL^J ....awu~.~M~i.MWw/ _
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Mr. E6 Hoary
Drenr of Parts rW Lvwmm
C%y -1 Drtt a TX 7620t
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d. A children's playground.
C. Site lighting.
C Site siknagc.
S. Dsdicatiun plaque anJ flagprdes.
It. Covered canopy.
111. "rc IanJscapc cwuxlpts that will;
a. Scorn all parking areas from the part and aJjacent areetqL
h. Provide minirtral maimenance.
Soon OF SERVICES
We propose that our SCOPE OF SERVICES he divided into phases consisting of, Phase I-Awytds; Phase 2.
Schematic Design Development; Phase 3• Design Development; and Phase Mul Design and Prewotatioo
Documentation. In addition, we will coordinate with the City's eonsuhams as required to meet the projml's objectives
as part of our Bade Scope of Services
PHASE 1 ANALYSIS
Ulxm the City's notice to proceed. a three (3) day trip to Demon will be scheduled. The agenda will eoosist of a prc-
design meeting with the City Staff and Lbc Vision May Committee to review City supplied data tech u the site
JevehTrTvnt program, aerial phoh>•;nplt%. atJ ryuireJ engineering intwmaiion.
Also, sire invemigations will take place to allow us w Kc%wv familiar with the orerall chars iMstics of the db: and
its rclatusnship to the %urr,wnJing infnvructurc by; ,
a. Meeting with appropriate governmental agencies rcgudiab land knee controls.
IN. lavewigating site limitations eauseJ by easemcats and zoning controls.
C. Studying on and off site views.
d. R:.warching utility availability.
C. Sullying dro topo, slopes and solar orientation.
f. Studying cais ing site hydrology and drainage patterns.
I. Performing an invcotory, of site vegetation.
Once the above research is completed, a meeting will be schaiulod with the City to prexat Uhs..tmtive ptys
summarizing the landscape. ptanniog and environmental opportunities and constraints of the site.
• PHASE 2 SCHEMATIC DESIGN DEVELOPMENT
Based on comment, 'rom the sire analysis presentation. FPC will prepare to meta and cooduu a design chartase with
the City to develop alrernate dedgo concepts The alternate cooceprs will;
a. Etplrxc and atcgs advantages and disadvantages of different land an ioteructions.
b. Study rvdewrian access into the site.
® C. Etpltwe vehicular circulation and porting ro virtments. • 0
d. Study archiiecwnl concepts.
"-tuntive plans of ewch alternate concept will he prepared and prevented to the Cty for their decision on the
pre, reed design enncept.
20
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Mr. U No"?
Dirf w of Ms ~eofrioa
Cky of Ikrw IX 76301
PHASE 3 DESIGN DEVELOPMENT
Using the City's preferred design concept, illustrative plus, sketch and amllwa vW b dswioped 6o dcwribe, is
amore definitive terms. the character of the design comept by,
L Dc ining vehicular circulation, parting stets and psven" rnsari ilL
It. Defiaieg arjor pedestriaa circulation, nay, poists sad paveaaest msterialr,
C. Developing location of mcruila, open space sad otber Lod we rdatletallliips.
d. Proposing locations sad type of water features.
C. Defiaiog location of community (scilides
f. Establishing landscaping areas
J. Determining light standard style.
It. Determining locations and aylea of sat sigasge.
i. Determining styles o(sueer furniture.
The Design Development Phase (DD) mev'ng n?I be scbeduied at the conclusion of the DD Pbsse. The presentation
will include definitive plans, sketches sod elevations of site elements, arterials and preliminary cos eaimstes
PHASE 4 FINAL DESIGN AND PRESENTATION DOCVMEN';ATION
Upon the City's approval of the DD Phase of the preferred design coaelt, an updated cat estimate sad final dedgo
presentation drawings will be produced. The presentation drawings will aoosia cf final i[h.cspve p1m sketches sad
elcvatioas oeceuary to convey the maser plan design iateor by;
A. Ftnalirog vehicular circulation and pvkiag areas
b. FiinalWag pedestrian circulation sad arjor entry points into the part.
C. Establishing open space relationships and satural resource mladoarhlpa.
d. "ing and defining rata features.
e. Establishing relatioaabips between commaity facilities sad orber part land uses,
f. Defining and locate plant materials, lighting, sagsage, and street Arsittm
A COMPUTERIZED DISC of the master Ptah will be prepared oa a 33' diakette is Awoad R13 DWO foram.
SU'tiA(ARY REPORT documeotiog the project design process will be prepared deacnNag the analysis, evaluations.
drawings sod cost estimates. It will be is a 11%17' foams complete with test and reduced seroaes o(drawiagf
produced through the design process
r
Upon coalplctioo of the final presentation erawisgs sad summitry report, a fegmal preaentatioo to the Yisioo Play
Comroincc sod interested citizens will be scbeduled.
•
DESIGN TEAM
The FPCs design team will consist o(:
Boone Powell, FAIR, Priaipal in Charge
• Cullen Coltrane. ASLA. Project Mahagallandscape Archirecy •
John Dupuy, Landscape Planter
ADDITIONAL SF,RVICES
Work other than the B3%ic S:ofe of Services described shove or 174etings a:1er than descrilxo is the I.iopoul
21
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Mr. W Ikdrey
moci v d Pro M Itecwria
Ry a( Deiiimii Tx 162w
r
schedule will 1w ccatsiJcred additional service. Also. plant chamgea, ad&lk m or revtsioos live po propamming
changes by the City of changes due to the public approval Irocesa will 4 considered nMtIOW xtvkea Additional
scrvkcs will 0" he pcrfnnvd withm prier written apptroval from the Chy. A1ldidonal xrdca will to st the
following hourly rncc Baxsc Powell 5121.%, Culka Coltrane WAS, and Juba Dupuy $506.
EXCLUSIONS
The City shjll provide Ibo f,+llori~,q inforntaion or wrvices as r quik-d for FPC% porformancc of work urxkr the
Ba.ic Scnpt of Sosvickv
2. Torw and B,xwodary survey in Aiilkv J via forrntl frovkW by owner.
b. Legal Joieripti„nv of property.
C. &tils inveaigati•rns and civil vginnring.
d. Eaiving utility haw information,
C. Site environmental inf,x=6nn required for planning process,
f. Dcntnn Strategk Plan.
9. UTA student planting plan exercise.
b. Overhead aerial phaognphs at coprrolled scale.
MEETINGS
Public rrleetings Of prtvcn121inn1 will be limitod to sit (6) meetings. Additional moctings will be extra services as
covcrtt] elsewhere in this agreement,
a. Pmksign rrsecting
and ate invevigation '
b. Analyvs presenraiion I
C. Chanyte I s
d. -sign Concept 1
Approval
C. Dcsigo Ocveiupmcot p
Presc n nt ion
f. Final Presentation I
s
SCHEDULE r
Upon acceptatlce of this proposal and receiving City supplied information, we will begin wort and comprese the
scope of services virhio in esirnated lime of four and a half (4 112) trtootbs.
PHASE I -ANALYSIS DELIVERABLE 4 weeks
Client Revicw 1 week
PHASE 2• ,SCHEMATIC DESIGN DELIVERABLE
Client Revicw I 5.5
weeks
I week
PHASE 1-DFCIGN DEVELMNICNT DELIVERABLE
1 weds
A.
•
e
. ....r r,. ......i..-u n .i.~. w:.. rr..rM.'A V+a.\'1'i4 r
• Sir. F4 IkQwy
r1se t.r of Peru u4 acorn.,
1 it ur rl•xwx 1'x 7e\1I
s
Cllent Review
1 week
PHASE 4-FINAL PRESENTATION DELIVERABLE 23 wLv1%
I J< v&M
COMPENSATION
Conrpcncnirm for xcrvlcvv %hill tv a fixed lee of S42.700.M pluv rein hurtahle cxM1n~cv Egimyt¢I nuiimunt fcc for
.ach phu%e of Baxic Scope of Scrviccx will hc:
PHASE I ANALYSIS S6.740m
PHASE 2 SCHEMATIC DESIGN DEVELf)PMENT 317.OSO.M
PHASE 1 DESIGN DEVELOPMENT S10.675M
PHASE , FINAL DESIGN AND PRESENTATION DOCUMENTATION $6,403A0
TOTAL t1.S A U
. 1111 .
REIhIBURS.ABIrE
I
Reindwnahle cxrcn4aa will not exceed S5.330I10 without the City's prior written amhodration. Reimhursahle
expenvex Chill tncluda travel expL:n!cs, all nrnductiuns long diaance telephone cogR and fast mail,
I
' NILLINf
Billing fix all scrvicea and rcimhumblc cxpcnwx will be on a ox+mhly l,"s with payment due within thirty IAM
day% of billing.
11(;REFNIFNT
We propose that duplicate djned corics ot this proposal serves as an agreenteat for these services.
Proposed by,, Accepted Ay:
Boone Powell, Princi-al Sisaature
Date: 7
Title
Date • •
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e fem..✓-~~ • rl'
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DATE: MARCH 18, 1997
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT: PROPOSAL # 2022; PURCHASE ORDER #73345
FORD, POWELL AND CARSON INC.
RECObLNIENDATION: We recommend purchase order 473345 to Ford, Powell and Carson Inc. and the
attached professional services agreement for m.stcr planning of the Civic Center Complex be approved in the
amount of $48,250.90. Completion is scheduled for August 15, 1997.
SUNDfARY: This purchase order and contract agreement are for the master planning services for the Civic
Center Complex. The plan v6d consider critical elements such as pedestria^ and vehicular paving, plazas,
lighting, pond(s), water feature(s), bridge(s), landscape area, pedestrian ame.dties, public art etc. The scale
of the plan will be adequate to clearly illustrate paving, seating areas, lighting and landscape planting.
Sufficient sections and illustrative sketches shall be prepared to communicate fully the design intent.
Chapter 252 of the Texas Local Government Code exempts professional services from the bid process.
PROGR~.NIS, DEPARTMENTS OR GROUPS AFFECTED: Parks Department, O'Neil Ford Civic
Center Park,
FISCAL IMPACT: Funds for the project will come from Parks Department funds.
Account Number: 458-032-PARK-9728.9105 S8,250.00
458.032-PARK-9728.9151 S40,000.0Q
548,250.00
Attachments: Purchase Order # 73345 - Ford Powell and Carson, Inc.
Respectfully submitted:
St.
at Du Bo
Execu the D ector of Finance
•
Appro%e&
• Flame: om .Saw. • O
Title: Purchasing Agent
e42.ncENVn
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I'11HCI1/151I N NO; J i 1 4'r
01101 mlS 15"n xxx
RU" N 1IIJ4It h4P,I ;Knrnw rm, a!i CONFIRMING ORDER G
rnvuico:. dobvay :Irps, ci-Im. . OF MAWDI
cErs, boos, pxeing slips and bills. DO NOT DUPLICATE
Rea No Bid No: Dale: 03 05 97 Page No 01
CITY OF DENTON TEXAS
PURCHASING DIVISION 1 901-0 TEXAS STREET I DENTON, TEXAS 76201-4354
8171383-7100 DOW METRO 8171267-0042 FAX 8171383-7302
VENDOR FORD, PORELL AND CARSON, INC.
NAME/ 1130 EAST COMMERCE STREET DELIVERY CONFIRMATION ONLY C04
ADDRESS ADDRESS PARKS 6 RECREATION
SAN ANTONIO TX 78205 321 E MCkA NNEY
' DENTON, TX 76201
BOONE POWELL
VENDOR NO. FOR45000 DELIVERY OUOTED 08 15 97 FOB DESTINATION BUYER TS TERMS
SHE WANTIM. I T ICE AMOUNT
001 6250.00 $S VENDOR CAT. I N / A MFG NAME 1.000 8,250.00
CITY 0 96120
CIVIC CENTER COMPLEX BRIDGE CONCEPTS
002 40000.00 VENDOR CAT. # N / A MFG NAME 1.000 40,000.00
CITY # 96120
CIVIC CENTER COMPLEX MASTER PLAN
P OE TOTAL 1 48,250.00
GR ND TOTAL It 48,250.00 f
• 01 458 031 PARK 9728 9105 8,250.00 O
02 45B 031 PARK 9730 9151 40,000.00
1
ENDDR INSTRUCTIONS' 3 Itims • Nei 3Q e^v' N,.a,n
Sent e„grmd Invoke wiib duplicate copy. ` 4. Shipping ImsEUCiienv VOL Destination prepaid unlit .an.h.
Bill to - Accounts peyeble S, No loderat or stele sales tae Vad be fmcbdeil
715 St to ekes ►dled c mq anion
pent a, iIIKB20t•g79! VENDOR-DRIGINAL
1.
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Agenda h'o._
Agenda Item_ ORDINANCE NO, Date- 3-/x-17
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING 'THE
EXPENDITURE OF FUNDS FOR THE MAINTENANCE AND OFERATION EXPENSES
FOR LAKE RAY ROBERTS BY THE CITY TO DEPARTMENT OF AIL\tY CORPS OF
ENGINEERS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, in order to comply with contractual agreements with Department of
Army Corps of Engineers, the City of Denton is required to the pay a share of maintenance
and operation fees; and
WHEREAS, the City Manager has reviewed and recommended that the Council
.approve the payment of maintenance and operation fees as presented; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the expenditure of funds in the amount of S19,815.44 1o be paid
to Department of Army Corps of Engineers, is hereby authorized.
SECTION 11. That this ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the day of .1997.
l
JACK MILLER, MAYOR
ATTEST:
JENNIFER WA LTERS, CITYSECRETARY
BY:
O
APPROVED AS •f0 LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
rss.onD
O 0 I~
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A c_ r t
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DATE: MARCH 18, 1997
CITY COUNCIL REPORT
TO. Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
SUBJECT. CHECK REQUISITION - U.S. ARMY CORPS OF ENGINEERS-519,815.44
RECO1kLtiIENDATION: We recommend this check requisition to the U.S. Army Corps of Engineers in the
amount $19,815.44 be approved for payment.
SU&IMARY: The City of Denton's current contract with the U.S. Army Co of Engineers for water supply
from Lake Ray Roberts requires that the City pay a fixed percentage (7"759~io) of the annual operation and
maintenance costs. This check requisition covers the time period from October 1, 1996 to September 30,
1997.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: Water Production Department. Water
Utilities, Water Utility Customers of the City of Denton.
FISCAL IMPACT: Budgeted funds for Lake Ray Roberts Water Supply 1997.
Account 620-081-0460-8502.
Attachments: Check Requisition
Invoice USAED # B04970008
, I
Respectfully submitted:
K t
t u se
Execute irector of Finance
Prepared by;
gamF cnise arpoo `
Title: Senior Buyer
•
Approved:
.ti
Name: Tom taw; C~Ff.-
Title: Purchasing Agent
•
B 17,AG6FDA • •
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2 ,
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OPJL JOB NAMEmsCheckreq.tfmR -
CHECK REQUISITION -VOUCHER -
riJ
PAY TO:
CHECK NUMBER
r&A OFFICER
USAED, FORT WORTH *19,816.44
AMOUNT
ATTN I C E S W r- RM- rC WATER PRODUCTION
DEPARTMENT
PO BOX 17800 11 FEBRUARY, 1997
DATE
FORT WORTH, TX T6102-0800
INVOICE DATE NUMBER ANDIOR EXPLANATION ACCT. NO. NET INV. AMT.
i
BILL 0 804970008, DATED 620-08 1460 119.816.44
01/27/97. -6602
OPERATION AND MAINTENANCE
EXPENSE UNDER CONTRACT
0 DACWSS-80-C-0104.
FOR PRESENT WATER SUPPLY
AT RAY ROBERTS LAKE, FOR
THE PEROD 10/1/96 THROUGH
9/80/97.
NOTEi
PLEASE INCLUDE A COPY
Or THE ATTACHED i NVO I C
WITH PAYMENT..THANK9.
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TOTAL *19,016.44
• ` THE ABOVE HAS BEEN REVIEWED AND RECOMMENDATION FOR BILLING IS MADE BY THE UNDERSIGNED. - •
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ALCOUNTINO APPROVAL ~ BWNAIURF
CITT MANAGER APPROVAL 3 DIRECTOR Of FINANCE APPROVAL
H1
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1v>....~_ ......y{
awalmim
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STATEMENT OF ACCOUNT BILL NO BC.970008
Amounts Due the DATE 27 JAN 1997
Department of the Army
Corps of Engineers
ATTN; CESWF-RM-FC
P.0 Box 17300
FORT WORTH,TX. 76102-0300 FORT WORTH DISTRICT
PAYER: CITY OF DENTON
1701-B- SPENCER RR
ATTN: TIM FISHER
DENTON, TEXAS 76205
OPERATION AND MAINTENANCE (O&M) EXPENSE PAYMENT FOR PRESENT
WATER SUPPLY AT RAY ROBERTS LAKE, REFERENCE CONTRACT NO.
DACW63-80-C-0104, FOR THE PERIOD 1 OCT. 96-30 SEP 97.
DUE 2 FEE 1997
PAY TO THE ORDER OF:
F&A OFFICER, USAED, FORT WORTH
P1lOUNT DUE THIS BILL $ 19,815.44
1 PLEASE REMIT COPY OF
BILL WITH CHECK
•
ACCOUNTING USE ONLY
A00226 074787 96 NA R 3220 $ 19,815.44
FOR USE IN LIEU OF FORM SWF-1011-J
4
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ApendaNo.. ~`~r
Agenda Item _
Date
E
ORDINANCE NO.
AN ORDINANCE AUTHOR17ING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE CITY OF LAKE. DALLAS RELATING TO PARTICIPATION IN
VARIOUS CITY OF DENTON COI`TRACTS WatlCH PROVIDE FOR THE PURCHASE OF
VARIOUS GOODS AND SERVICES; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to exea.te an Interlocal Agreement
with the City of Lake Dallas relating to participation in various City of Denton contracts which
provide for the purchase of various goods and services, a copy of such agreement is attached hereto
and incorporated by reference,
FMION II. That this ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this, the _ day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
0 BY:
APPROVED AS TO LEGAL FORM:
HERBERT L PROUTY, CITY ATTORNEY
BY:
T. WPDOCS`ORIYMFDAIL4SIVTERLOCALDOC
f
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DATE: MARCH 18, 1997
CITY COUNCIL REPORT
T0: Mayor and Members of the City Council
FROM: Kathy Dubose, Executive Director of Finance
SUBJECT: INTERLOCAL AGREEMENT WITH CITY OF LAKE D %LLAS FOR THE
PURCHASE OF SUPPLIES AND SERVICES
RECOMMENDATION: Council approve ordinance for the cooperative purchasing of supplies end services
between the City of Denton and the City of Lake Dallas.
SUMMARY: The City of Lake Dallas wishes to enter into this Interlocal Agreement to authorize
participation in various CiEac` Denton contracts for the purchase of various Goods and services. The
nterlocal Cooperation Act, ter 791 of the Texas Govertunent Code, grants cities the authority to enter
into interlocal agreements. entity shall act independently regarding actual purchases.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED: City of Denton, City of Lake Dallas
FISCAL IMPACT: None
Attachments: Cooperative Purchasing Agreement
R, s7tfully subm - itted:
a . pSL ~ I
ExecunvE Director of Finance
1
Prepared by:
•
4 l G,
Rime: ante a^ E7-r ^n
Title: Buyer
•
Approved: • •
%
y
Name: Tom Shaw, .
Title: Purchasing Agent
el 3. AGENDA
2
a' .
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THE STATE OF TEXAS INTERLOCAL AGREEMENT
COUNTY OF DENTON
COOPERATIVE PURCHASING AGREEMENT
This agreement is made on the 13th day of February, 1997, between the City of Lake
Dallas, State of Texas, and the City of Denton, Texas.
In consideration of the mutual covenants contained herein and pursuant to the authority
permitted under Chapter 791 of the Texas Government Code, the lnterlocal Cooperation Act, the
City of Lake Dallas and the City of Denton agree as follows:
1.
Pu MQsse
The City of Lake Dallas wishes to enter into this Interlocal Agreement to authorize
participation in various City of Denton contracts for the purchase of various goods and services.
The participation in this cooperative program will be highly beneficial to the taxpayers through the
anticipated savings to be realized.
IL
Duration of Agreement
This agreement, which terminates as of its effective date, all prior agreements, written or
oral, between the parties concerning the same scrvices/materials, shall become effective on
, and shall continue in full force and effect thereafter until terminated by either
party on thirty (34) days written notice to the other.
Ill.
Relationship of Parties
The parties intend that the entity, in receiving products and/or services specified in this
agreement, shall act as an independent purchaser and shall has control of its needs and the manner
in which they are acquired, Neither the City of Lake Dallas, its agents, employees, volunteer help
nor any other person operating under this contract shall be considered an agent or employee of
• the City of Denton and shall not be entitled to participate in any pension plans or other benefits
that the City of Denton provides its employees.
CITY OF DENTON CITY OF LAKE DALLAS
BY. BY:
• lack Miller, Mayor Jerffy cCutcheon, Mayor O ~D
DATE: DATE: "9'
3
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Agenda No _Ai - 0
Apenda item._
Dale
CITY COUNCIL REPORT FORMAT
TOs Mayor Miller and Members of the City Council
PROMS Michael Jez, Executive Director of Public Safety
SUBJECT: AGREEMENT FOR MUTUAL AID IN FIRE PROTECTION AND EMERGENCY
MEDICAL SERVICES
RECOMMENDATION: We recommend establishing a formal agreement for
mutual aid between the City of Denton, Denton County and the City
of Fort Worth, Tarrant County. The purpose of these agreements is
to provide the Texas Motor Speedway and Alliance Airport, including
the area surrounding them, fire and emergency medical services in
the event of a catastrophic occurrence which would strain the
ability of ei6-her the City of Fort Worth or their contractors (Med-
Star Ambulance), or the City of Denton Fire and EMS.
SUMMARY: This agreement will allow either party to respond to an
emergency in the other partyfs city or fire/EMS district when
requested by the proper authority. This agreement sets the scope
of authority for each entity as well as set the limits of
liability.
BACGRO_UND: With the opening of the Texas Motor Speedway, we are
expecting extremely large increases in traffic volume and the
accompanying population which has the potential to tie-up traffic
in the north metroplex for a considerable amount of time. With the
increasing traffic and people, thA possibility of either city's
emergency services becoming over-extei,ded is a very real threat.
This agreement will allow us to respond as requested to assist each
other as our resources will allow or as the emergency demands.
PROGRAMS, DEPARTMENT,S OR ROUPS AFFECTED: The only department or
groups affected will be the City of Denton Fire and EMS.
FISCAL IMPACT: There should be no fiscal impact unless mutual aid
is provided and then it will be determined by the numbers of
equipment and personnel we send.
• SPECTFULLY SUBMITTED:
ae z
blia safety
Prepared bysx cuts a Di
Blu
ame R. T omason
Deputy Fire Chief
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T:\WPD0CS\0A0\PIREA3D.0R0
f
ORDINWICE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
FOR MUTUAL AID IN FIRE PROTECTION AND EMERGENCY MEDICAL SERVICES ON
BEHALF OF THE CITY OF DENTON WITH THE CITY OF FORT WORTH RELATING
TO SERVICES EACH CITY MAY PROVIDS THE OTHER DURING TEXAS MOTOR
SPELDWAY EVENTS; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is authorized to execute
an agreement for mutual aid in fire protection and emergency
medical services on behalf of the City of Denton with the City of
Fort Worth relating to services each city may provide the other
during Texas Motor Speedway Events, a copy of which agreement is
attached hereto and incorporated herein.
SECTION Ii. That the expenditure of funds as provided in the
attached agreement is hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon Its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
• BY:
APPROVED AS TO LEGAL FORM:
HERBELf L. PROUTY, CITY ATTORNEY
• BY: /L~.c ~~t c c..l • 0
weir..,.....`....
e
s
The State of Texas
Counties of Tarrant and Denton
Agreement for Mutual Aid in Fire Protedion
and
Emergency Medical Services
This agreement is entered into this _ day of by and between the
CITY OF , TEXAS AND THE CITY OF ,
TEXAS, hereinafter referred to as "member cities."
WTTNESSETH
WHEREAS, the goveming officials of the member cities, political subdivisions of the
State of Texas, desire to secure for each city the benefits of mutual aid iii the protection of
fife and property from fire and in firefighting and emergency medical services; and
WHEREAS, this agreement is entered into pursuant to Chapter 791 of the Texas
Gov-rnment Code;
NOW, THEREFORE, rr IS AGREED AS FOLLOWS:
1.
That upon request by the Fire Chief or his/her designee or by the fire alarm operator
of one member city to the fire department of the other member city, available firefighting
equipment and personnel will be dispatched in aid of the requesting member city to any point
within a reasonable distance of the city limits of the responding city, subject to the coed;lions
hereinafter stated.
1
The Fire Chief of each member city shall designate what constitutes a reasonable
A travel distance outside the city limits of his/her jurisdiction.
It is hereby declared and agreed that an emergency condition shall exist within the. , r
corporate limits of a requesting member city when one or more fires are in progress. When
such an emergency exists, upon request of the Fire Chief, or his/her designee, or by the fire
alarm operator of a member city in which the emergency condition exists (the "requesting
e city") to the fire department of another member city (the "responding city'), the Fire Chief + e O
or designee of the responding city may dispatch such firefighting equipment and personnel
to the aid of the requesting city as he/she deems advisable subject to the conditions
hereinafter set out.
•
•
Any dispatch of firefighting equipment and personnel pursuant to this agreement is
subject to the following conditions:
A. It is expressly understood and agreed that before responding in accordance with
this Agreement that each Member City will have a City ordinance in effect
before the effective date of this Agreement which sets out the standard of care
for emergency action which substantially states the following: "Every officer,
agent or employee of the City and every officer, agent or employee of an
authorized provider of emergency services, including, but not limited to every
unit of government or subdivision thereof, while responding to emergency calls
or reacting to emergency situations, regardless of whether any declaration of
emergency has been declared or proclaimed by a unit of government or
subdivision thereof, is hereby authorizes to act or not to act in such a manner
to effectively deal with the emergency. An action or inaction is 'effective' if
it in any way contributes or can reasonably be thought by the provider of such
emergency service to contribute to preserving any fives or property. This
Section shall prevail over every other ordinance of the City and to the extent to
which the City has the authority to so authorize, over any other law establishing
a standard of care in conflict with this Section. Neither the City nor the
employee, agent or officer thereof, or other unit of government or subdivision
thereof or its employees, agents or officers shall be liable for failure to use
ordinary care in such emergency; It is the intent of City government, by
passing this ordinance, to assure effective action in emergency situations by
those entrusted with the responsibility of saving lives and property by protecting
such government units from liability and their employees, agents and officers
from nonintentional tort liability to the fullest extent permitted by statutory and
constitutional law, this ordinance shall be liberally consuued to carry out the
intent of City government."
B. Any request for assistance under this agreement shall specify the amount and
type(s) of firefighting equipment needed, the MAPSCO location, and the street
address to which the equipment and personnel are to be dispatched.
1 One unit of firefighting apparatus, pumper (engine) or aerial (Sadder), with a
• minimum of three personnel, or a brush truck or water supply vehicle with a
minimum of two personnel will be the normal response to a request for mutual
aid assistance to a member city, under the terms of this agreement; however,
the Fire Chief of the responding city or his/her designee may dispatch additional
equipment and personnel.
Responding personnel must meet the minimum firefighting standards as •
+ established by their jurisdiction or by the Texas Commission on Fire Protection
J whichever is applicable.
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State of Texas, Department of Health certified personnel meeting the standards
established by the Texas Commission on Fire Protection (Emergency Care
Attendants, Emergency Medical Technicians and Paramedics) may provide
emergency medical services to the degree ailoc ed by their certification.
Supervisory personnel, support equipment and personnel, or additional
firefighting equipment and personnel may also be dispatched to the member city
by direction of the Fire Chief of the responding member city or his/her
designee.
C. The requesting city roust have a command system in place and an incident
commander in charge of the incident,
D. The senior fire representative from the responding member city shall report to
and be under the direction of the requesting member city Incident Commander,
and will direct the utilization of his/her resources to assist in mitigating the
emergency in accordance with accepted procedures.
E. Firefighting equipment and personnel from the responding city shall be released
by the Incident Commander as soon as they are no longer needed or when their
services are needed within their normal fire protection area.
F. In areas where common member city limit lines exist, accurate determination
of jurisdiction may not be possible upon receipt of an alarm. In these cases, the
city receiving the alarm will dispatch its firefighting equipment and personnel
and notify the other affected city of the alarm. If the emergency is not within
the city limits of the responding member city, it is agreed that the services
provided will be considered to have been provided pursuant to this agreement.
3.
Each city waives all claims against the other city for compensation for any loss,
property damage, personal injury or death occurring as a consequence of the performance
of this agreement.
Neither member city shall be reimbursed by the other for costs incurred pursuant to
this agreement, with the exception of supplies and the consumable items.
4.
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All equipment used by the responding fire department in carrying out this agreement • •
will, at the time of action hereunder, be owned by it; and personnel who perform duties
pursuant to this agreement shall receive the same payment, salary, pension, injury or death
benefits, workers' compensation benefits, payment of expense!, and all other compensation
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and rights for the performance of those duties, as they would have received for their regular
duties in the service of the city which they serve. Each city shall be solely responsible for
the payment of its costs associated with i roviding firefighting equipment and personnel under
this agreement.
5.
That pursuant to Chapter 791 of the Texas Government Code, each city agrees that
the act of any person or persons while fighting fires, travsGng to or from fires, or in any
manner furnishing fire protection or emergency medical services to the citizens of the other
city shall be considered as the act of the agent of the requesting city in all respects,
notwithstanding such person or persons may be regular employees or firefighters of the
responding city, and any liability relating to the furnishing of services is the responsibility
of the requesting city.
6.
It is expressly understood that when an employee or volunteer of the responding city
is performing duties under the terms of this agreement, that person is considered to be acting
in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in
performance of duties within the provision of Article 6228f, V.T.C,S., and Chapter 142,
Texas Local Government Code; and shall be entitled to any other benefits which accrue
under law as a result of injury, death, or loss which occurs while in the line of duty.
7.
It is further understood and agreed that, in the execution of this agreement and
contract, neither member city waives, nor shall be deemed hereby to waive, any immunity
or defense that would otherwise be available to it against claims arising in the exercise of
governmental powers and functions.
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Each city agrees that if legal action is brought under this agreement, exclusive venue
• shall lie in Tarrant County, Texas.
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This agreement contains all commitments and agreements of the member cities
regarding mutual fire protection and emergency medical service assistance, and no other
• prior oral or written commitments shall have any force of effect. • •
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10.
In case one or more of the provisions contained in this agreement shall be for any
reason held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality
or unenforceability shall not affect any other provision, and this agreement shall be construed
as if the invalid, illegal or unenforceable provision had never been contained in the
agreement.
11.
Each member city may terminate this agreement upon thirty (30) days' written notice
to the other member city.
12.
This agreement shall be effective on the ^ day of
City of City of
Name Name
Title Tide
Approved as to form and legality; Approved as to form and legality:
• ity Attorney City Attorney
Attest: Attest:
• • O
City Secretary City Secretary
MAPtEB9
PMW
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Agenda
CITY COUNCIL REPORT Agenda Item 20
Oats 3-1~ R - ,
DATEt March 3, 1997
TOt Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Professional Service's Agreement (Fanning b Associates)
U.S. 77
REOOMMENDATIONt
Approve ordinance authorizing the City Managqer to execute a Professional Services
Agreements authorizing the expenditure of fundet and providing for an effective
date.
SUMMARY/BACRGROUNDt
The City of Denton, engineering and Transportation Department will be acquiring
the necessary additional right-of-way for the U.S. Highway widening project. As
part of the process, an appraisal must be secured for each parcel (which exceeds
$1,500 in value). These appraisals are required to be reviewed for eonfcrmity
with the federal requirements. Mr. Steve Fanning has provided these services
to other zommunities in this area. The review appraisal is proposed to be
provided by Sargent Appraisal Co. (ordinance and contract also scheduled for
approval).
PROGRAMS DEPARTMENTS OR GROUPS AFFECTFDs
Mr. Steve Fanning has been appraising real estate in excess of 10 years in the
Denton area. We have utilized his services previously and are very satisfied.
FISCAL IMPACT
Cost for right-of-way purchase (a praiealsl real property acquistionj title
policy utility and fence relocations). The approximate cost of the review
appraisal service is $86,500.
Please advise if I can provide additional information.
RES LLY SU MITTEDt
e Sve a -
')eputy City Manager
Prepared byyt
• Roger N. Wilkineon
Sups sor o Engineering Teche /
Right-of-Way
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6:\WPDOCS MD'JAIWING. ORD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT FOR APPRAISAL SERVICES
BETWEEN THE CITY OF DENTON AND FANNING AND ASSOCIATES TO ASSIST THE
CITY IN ESTABLISHING REASONABLE VALUES FOR THE ACQUISITION OF
RIGHT-OF-WAY FOR U.S. HIGHWAY 77 WIDENING PROJECT; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a professional services agreement for appraisal services
between the City of Denton and Fanning and Associates to assist the
City in establishing reasonable values for the acquisition of
right-of-way for U.S. Highway 77 widening project, a copy of which
is attached hereto and incorporated herein.
SECTION II, That the City Manager is hereby authorized to
expend the funds as specified in the contract.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM: i
HERBERT L. PROUTY, CITY ATTORNEY
• • •
BY:
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PROFESSIONAL SERVICES AGREEMENT
FOR
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the 27th day of
January , AU, by and between the City of Denton, a Texas
Municipal. Corporation, with its principal office at 215 E. McKinney
Street, Denton, Denton County, Texas 76201, (hereinafter sometimes
referred to as "OWNER") and Fanning a Associates , with its
corporate office at417 S. Locust St., 9102, Denton, TX , hereinafter
called the ("CONSULTANT") acting herein, by and through their duly
authorized representative.
WITNESSETH, that in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows:
ARTTGLE E
• EMPLOYMENT OF CONSULTANT
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The OWNER hereby contracts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the
services herein in connection with-the Project as stated in the
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sections to follow, with diligence and in accordance with the
highest professional standards customarily obtained for such
services in the State of Texas. The professional services set out
herein are in connection with the following described project:
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The Project shall include without limitation, all appraisal
services necessary to assist the City in acquiring right-of-way for ~Q1
the widening of U.S. Highway 77 within the City of Denton, Texas
("Project").
ARTICLE II
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
professional manner:
A. The CONSULTANT shall perform all those services as necessary
and as described in the OWNER's (herein describe any request
for proposal which the owner has utilized to solicit the
CONSULTANT's services) request which is
attached hereto and made a part hereof as Exhibit. "A" as if
written word for word herein. (Not applicable)
B. To perform all those services set forth in the proposal of
CONSULTANT of January 27, 1997, which proposal is attached
hereto and made a part hereof as Exhibit "B" as if written word
for word herein.
C. CONSULTANT shall perform all those services set forth in
individual task orders which shall be attached to this
agreement and made a part hereof for all purposes as separate
agreements. (If CONSULTANT is a professional engineer and you
• wish to list specific services of the CONSULTANT please list
all specific engineering services to be provided including the l
preparation of detailed plans and specifications).
D. If there is any conflict between the terms of this agreement
• and the exhibits attached to this agreement the terms and • •
conditions of this agreement will control over the terms and
conditions of the attached exhibits or task orders.
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The Project shall include without limitation, all appraisal
services necessary to assist the City in acquiring right-of-w-Ay for
the widening of U.S. Highway 77 within the City of Denton, Texas
("Project").
ARTICLE II_
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
professional manner:
A. The CONSULTANT 3h311 perform all those services as necessary
and as described in the OWNER's (herein describe any request
for proposal which the owner has utilized to solicit the
CONSULTANT's services) request which is
attached hereto and made a part hereof as Exhibit "A" as if
written word for word herein. (Not applicable)
B. To perform all those services set forth in the proposal of
CONSULTANT of January 27, 1997, which proposal is attached
hereto and made a part hereof as Exhibit "B" as if written word
for word herein.
C. CONSULTANT shall perform all those services set forth in
individual task orders which shall be attached to this
agreement and made a part hereof for all purposes as separate
agreements. (If CONSULTANT is a professional engineer and you
• wish to list specific services of the CONSULTANT please list
all specific engineering services to be provided including the r
preparation of detailed plans and specifications).
D. If there is any conflict between the terms of this agreement
• and the exhibits attached to this agreement the terms and O O
conditions of this agreement will control over the terms and
conditions of the attached exhibits or task orders.
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ARTICLE-111
ADDITIONAL SERVICES
(To be used if CONSULTANT is an engineer). Additional Services
to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above described basic services, are
described as follows:
A. During the course of the project, as requested by OWNER, the
CONSULTANT will be available to accompany OWNER's personnel
when meeting with the Texas Natural Resource Conservation
Commission, U.S. Environmental Protection Agency, or other
regulatory agencies. The CONSULTANT will assist OWNER
personnel on an as-needed basis in preparing compliance
schedules, progress reports, and providing general technical
support for the OWNER's compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connec'Lion with or in addition to those services
contemplated by this Agreement. Such services, if any, shall
be furnished by CONSULTANT on a fee basis negotiated by the
respective parties outside of and in addition to this
Agreement.
C. Sampling, testing or analysis beyond that gecifically included
in Basic Services.
D. Preparing copies of Computer Aided Drafting (CAD) electronic r
data bases, drawings, or files for the OWNER's use in a future
CAD system.
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E. Preparing applications and supporting documents for government • •
J grants, loans, or planning advances and providing data for
detailed applications.
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F. Appearing before regulatory agencies or courts as an expert
witness in any litigation with third parties or condemnation
proceedings arising from the development or construction of the
Project, including the preparation of engineering data and
reports for assistance to the OWNER.
G. Providing geotechnical investigations for the site including
soil borings, related analyses and recommendations.
K. (List any additional services riot included in Basic Services)
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the
OWNER and the CONSULTANT of this Agreement and upon issue of a
notice to proceed by the OtiNER and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
extensions approved by the OWNER. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of
the essence in this Agreement. The CONSULTANT shall make all
reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by
the OWNER, acting through its City Manager or his designee.
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ARTICLE V
COMPENSATION
• A. COMPENSATION TERMS:
1. "Subcontract Expense" is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms for
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services in the nature of NSA
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipment, travel, communications,
subsistence and lodging away from home and similar
incidental in connection with that assignment.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay
based on the cost estimate detail at an hourly rate shown in
Exhibit C, which is attached hereto and made a part of this
agreement as if written word for word herein, a total fee
including reimbursement for direct non-labor expense not to
exceed 86,500 (for appraisal phase).
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the
owner through its City Manager or his designees; however, under
no circumstances shall any monthly statement for services
exceed the value of the work performed at the time a statement
is rendered. The owner may withhold the final 5% of the
• contract amount until completion of the project.
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Nothing contained in this Article shall require the owner to
pay for any work which is unsatisfactory as reasonably
A determined by the City Manager or his designee or which is not •
submitted in compliance with the terms of this contract. The
City shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under this
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contract.
It is specifically understood and agreed that the CONSULTANT
shall not be authorized to undertake any work pursuant to this
agreement which would require additional payments by the OWNER
for any charge, expense or reimbursement above the maximum not
to exceed fee as stated without first having obtained written
authorization from the OWNER. The CONSULTANT shall not proceed
to perform the services listed in Article IV. Additional
Services, without obtaining prior written authorization from
the owner.
C. ADDITIONAL SERVICES
For additional services authorized in writing by the OWNER in
Article IV, the CONSULTANT shall be paid based on the Schedule
of Charges at an hourly rate shown in Exhibit C. Payments for
additional services shall be due and payable upon submission by
the CONSULTANT and shall be in accordance with subsection H
hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for
• services and expenses within sixty (60) days after receipt of
the CONSULTANT'S undisputed statement thereof, the amounts due
the CONSULTANT will be increased by the rate of one percent
(1%) per month from the said sixtieth (60th) day, and in
• addition, the CONSULTANT may, after giving seven (7) days' •
written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses and chareies provided,
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however, nothing herein shall require the owner to pay the late
charge of one percent (1%) set forth herein if the owner
reasonably determines that the work is unsatisfactory, in
accordance with this Article V, Compensation.
ARTICLE VI
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence
in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any subcontractors or
subconsultants.
ARTICLE VIT
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and
CONSULTANT's subcontractors or subconsultants) pursuant to this
Agreement are instruments of service and shall become the property
of the OWNER upon the termination of this Agreement. The
CONSULTANT is entitled to retain copies of all such documents. The
documents prepared and furnished by the CONSULTANT are intended
only to be applicable to this project and OWNER'S use of these
documents in other projects shall be at OWNER'S sole risk and
expense. In the event the OWNER uses the Agreement in another
project or for other purposes than specified herein any of the
• information or materials developed pursuant to this agreement,
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CONSULTANT is released from any and all liability relating to their
use in that project.
• ARTICLE VIII ` V ~ • •
INDEPENDENT CONTRACTOR
CONSULTANT shall provide services to OWNER as an independent
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contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT shall indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and all liability, claims, de-ands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney
fees incurred by the OWNER, and including without limitation
da,nages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a
liability to any person who is not a party to this Agreement and
nothing herein shall waive any of the party's defenses, both at law
or equity, to any claim, cause of action or litigation filed by
anyone not a party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly
reserved.
ARTICLE X
INSURANCE
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During the performance of the Services under this Agreement, '
CONSULTANT shall maintain the following insurance with an insurance
company licensed to do business in the state of Texas by the State
e Insurance commission or any successor agency that has a rating with + •
Best Rate Carriers of at least an A- or above:
A. Comprehensive General Liability Insurance with bodily injury i
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flimits of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not
less than $100,000 in the aggregate.
B. Automobile Liability Insurance with bodily injury limits of not
less than $500,000 for each person and not less than $500,000
for each accident and with property damage limits for not less
than $100,000 for each accident.
C. Wo rot's Compensation Insurance cordance with statutory
5 re irements and Empl lability Insurance with limits of
not les 100,000 for each accident.
D. Pro essional Liability Insur.a-+rit? imits of not less than
$1, 00,00 gregate.
E. The CONSULTANT shall furnish insurance certificates or
insurance policies at the OWNER's request to evidence such
coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies and shall contain a
provision that such insurance shall not be canceled or modified
without 30 days prior written notice to OWNER and CONSULTANT.
In such event, the CONSULTANT shall, prior to the effective
date of the change or cancellation, serve substitute policies
furnishing the same coverage.
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ARTICLE XI
ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
O The parties may agree to eettle any disputes under this • O
Ag:e~Ament by submitting the dispute to arbitration or other means
of alternate dispute resolution such as mediation. No arbitration
or alternate dispute resolution arising out of or relating to, this
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agreement involving one party's disagreement may include the other
party to the disagreement without the other's approval. !
ARTICLE XII `E
TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Agreement, either
party may terminate by giving thirty (30) days advance written
notice to the other party.
B. This agreement may be terminated in whole or in part in the
event of either party substantially failing to fulfill its
obligations under this Agreement. No such termination will be
affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of
intent to terminate and setting forth the reasons specifying
the nonperformance, and not less than 30 calendar days to cure
the failure, and (2) an opportunity for consultation with the
terminating party prior to termination.
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C. If the agreement is terminated prior to completion of the ser-
vices to be provided hereunder, CONSULTANT shall immediately
cease all services and shall render a final bill for services
to the owner within 30 days after the date of termination. The
OWNER shall pay CONSULTANT for all services properly rendered
and satisfactorily performed and for reimbursable expenses to
termination incurred prior to the date of termination in ac-
cordance with Article IV, Compensation. Should the OWNER sub-
sequently contract with a new CONSULTANT for the continuation
of services on the yroject, CONSULTANT shall cooperate in
0 providing informati(,n. The CONSULTANT shall turn over all
documents prepared or furnished by CONSULTANT pursuant to this
Agreement to the OWNER on or before the date of termination but
may maintain copies of such documents for its use.
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ARTICLE XIII
RESPONSIBILITY FOR CLAIMS AND LIABILITIES
Approval by the OWNER shall not constitute nor be deemed a
release of the responsibility and liability of the CONSULTANT, its
employees, associates, agents, subcontractors and subconsultants
for the accuracy and competency of their designs or other work; nor
shall such approval be deemed to be an assumption of such
responsibility by the City for any defect in the design or other
work prepared by the CONSULTANT, its employees, subcontractors,
agents and consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted
under this Agreement shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days mailing:
To CONSULTANT: To OWNER:
Mr. Stephen F. Fanning MAi City of Denton
Fanning 6 Associates ATTN:
_ 617 S. Locust St., Suite 102 Title:_
Denton, TX 76201 215 E. McKinney
• Denton, Texas 76201
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All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing.
ARTICLE XV
ENTIRE AGREEMENT
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This Agreement consisting of 16 pages and 1 exhibits
constitutes the complete and final expression of the agreement of
the parties and is intended as a complete and exclusive statement
of the terms of their agreements and supersedes all prior
contemporaneous offers, promises, representations, negotiations,
discussions, communications and agreements which may have been made
in connection with the subject matter hereof.
ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
shall not cause the remainder to be invalid or unenforceable. In
such event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work
covered hereunder as they may now read or hereinafter be amended.
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ARTICLE XVIIT
DISCRIMINATION PROHIBITED
• In performing the services required hereunder, the CONSULTANT • •
shall not discriminate against any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical
handicap.
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~;[CLE XIX
PERSONNEL
A. The CONSULTANT represents that it has or will secure at its own
expense all personnel requires: to perform all the services
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations
with the city. CONSULTANT shall inform the OWNER of any
conflict of interest or potential conflict of interest that may
arise during the term of this Agreement.
B. All services required hereunder will be performed by the
CONSULTANT or under its supervision. All personnel engaged in
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services.
ARTICLE XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement
and shall not transfer any interest in this Agreement (whether by
assignment, novation or otherwise) without the prior written
consent of the OWNER.
ARTICLE. XXI
MODIFICATION
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No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith and
® no evidence of any waiver or modification shall be offered or • •
J received in evidence in any proceeding arising between the parties
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, ai.d unless such waiver or
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modification is in writing, duly executed; and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
ARTICLEXXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits):
B. CONSULTANT agrees that OWNER shall, until the expiration of
three (3) years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
books, documents, papers and records of the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT
agrees that OWNER shall have access during normal working hours
to all necessary CONSULTANT facilities and shall be provided
adequate and appropriate working space in order to conduct
audits in compliance with this section. OWNER shall give
CONSULTANT reasonable advance notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key persons who will
• perform most of this work hereunder shall be Stephen F. Fanning
However, nothing herein shall limit CONSULTANT from using other r
qualified and competent members of their firm to perform the
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services required herein.
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E. CONSULTANT shall commence, carry on, and complete any and all
projects with all applicable dispatch, in a sound, economical,
efficient manner; and, in accordance with the provisions
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hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the
CONSULTANT's disposal all available information pertinent to
the project, including previous reports, any other data
relative to the project and Prranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon,
public and private property as required for the CONSULTANT to
perform services under this Agreement.
G. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
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Agreement to be executed by its duly authorized City Manager and
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CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this V.he 27th day of January ;
1997_
CITY OF DENTON, TEXAS
• Ted Benavides, City Manager
ATTEST:
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JENNIFER WALTERS, CITY SECRETARY
J By'
APPROVED AS TO LEGAL FORM:
PAGE 1Q5
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HERBERT L. PROUTY, CITY ATTORNEY
By: -
CONSULTANT
By:I ,
Name: $ eohen F. Fanning. I
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Title: Owner/Principal
WITNESS:
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PAGE 1180
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EXHIBIT "B"
FANNING & ASSOCIATES
Stephen F. Fanning, MAI, AICP, CRE 417 S. Locust, $to, 102 Robert W. Harris, SCA
Tolbcn C. Fanning, SRA (tel) Denton, Texas 762UI Rick J. Muenks, MAI
(817) 387.7493, Metro (214) 4343835 Diane Fanning, SRA
FAX (817) 3834633
January 27, 1997
Mr. Roger Wilkinson
City of Denton
City Hall West
221 N. Elm Street
Denton, TX 76201
Re: Proposal for appraisal of parcels and proposed R.O.W. taking for the widening
of U.S. 77, City of Denton, Texas.
Dear Mr. Wilkinson:
As requested, the following is a proposal for market value appraisals of the above
referenced properties (see attached).
PURPOSE OF APPRAISALS
The purpose of the appraisals will be to estimate just compensation for the R.O.W.
taking and damages (if any) to the remainder property. The appraisals will conform to
the Uniform Standards of Appraisal Practice and the Texas Department of
Transportation.
SCOPE OF APPRAISALS
Attached is a preliminary survey of the subject properties, which was conducted by
Fanning & Associates. The purpose of the survey was to determine the type of
properties that will need to be appraised and to assess which properties have the
greatest potential for remainder damages. The properties with possible remainder
e damages will require a full appraisal of the land and improvements and/or special
studies of remainder properties. The properties with minor taking will most likely
require a land value appraisal and a general estimate of the remainder value for
assessment of damages to remainder. The properties with only "corner clips' will most
likely require only a preliminary appraisal study. The conclusions of our attached
assessment is not conclusive, since a final determination cannot be determined until
A the properties are inspected in detail. Thus, the attached property review is considered p as
preliminary.
REAL
ESTATE
CONSUL rANTs
MARKET ANALYSIS - PLAN N iNG - FEASIBILITY • VALUATION
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Mr. Roger Wilkinson
City of Denton
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Noted on the atlached preliminary survey, is our assessment of the properties that wiil
need: 1) regular land value only appraisals, 2) properties requiring land value special
studies on the remainder, 3) properties requiring full appraisals of the land,
improvements and special studies of the remainder and 4) properties requiring only
preliminary appraisal studies.
ESTIMATED COMPLETION TIME
Completion of the 64 assignments is estimated to be about six months.
Initial appraisals should be available approximately 60 days after assignment is started
and average four per week thereafter.
FEE AND COST ESTIMATES
Appraisals
• Regular Appraisals (land value only with minimal remainder analysis)
43 appraisals ® $1,200 each $51,600
• Land Appraisals with special remainder analysis studies
7 appraisals C $2,000 each $14,000
• Full Appraisals (land a improvements with special
studies of remainders)
8 appraisals C $1,600 each $12,600
• Preliminary Appraisals
6 appraisals Q $600 each 4 3,600
Subtotal Appraisal Cost
(Avg, per appraisal $1,283) > $82,000
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Other Expenses at Cost
• Color aerials of Hwy. 77 4 $ 1,500
• • Misc. maps, deed search etc. (general estimate) QQQ
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Subtotal other expenses S 4.500
`J Total Fee and Cost Estimate
$86,500
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Mr. Roger Wilkinson
City of Denton
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In the event we are subpoenaed or otherwise required to give testimony or to attend
any public or private meeting or hearing as a result of having prepared this report, the
City of Denton agrees to pay the appraiser $800 per day plus expenses for appraisal
updates, hearing preparation, attendance, or testimony required. The testimony fee is
in addition to the appraisal fee stated above.
ASSIGNMENT SCHEDULE
It is understood the fee estimates and assignments listed above are based on the
preliminary survey. All assignments will be on a parcel-by-parcel basis at the direction
of the city. Further study or direction from the City could modify the need for the full
appraisals%special studies and, in such case, only the land value appraisal or
preliminary appraisal would be performed, and the fee adjusted accordingly. Likewise,
if further research or direction from the City requires full appraisals of parcels assumed
to be land value only, then the fee for those parcels would be adjusted at the City s
direction.
NEEDED FROM CLIENT TO COMPLETE ASSIGNMENT
• Final R.O.W. maps and legal description
• Property owners' name and mailing address for inspection notification
• General description and boundary outline of parent tract
• R.O.W. staked in field (as needed) for inspection
REPORT TYPE
Two copies of a summary narrative appraisal, and letter reports for preliminary
appraisal properties.
AUTHORIZATION TO PROCEED
• If this letter describes the services you need, please let us know, along with appropriate
authorization. Likewise, if changes are needed, please let us know.
Sincerely,
f
• Stephen . Fanning, MAI, CID, CRE O 0
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S FF/df
attachment
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PRELIMINARY SURVEY OF APPRAISAL PROPERTIES a s a
FOR L1, S. 77 VADENINO, CITY OF DENTON, TEXAS
BY FANNING 6 ASSOCIATES, JANUARY 27, !$9T
Traci Owner Parent Taking ; Mprovennents7Commerts Take Possbk'
knprovwneMsTygor
0 (ao.) (Be.) of Parent Tract Dist. to RamalrlQar In Take Appraisal
Main III WmageslSpecfal Ana"Is
1 Rancho Vale Development 52.836 .439 Vacant Lend • May be larger than 52 acres WA Nora apparent - may be None Regular
Co M"duse potential scarwntcurtt e9ular
study ,
2 Union Oil Co. of CeOf. 17.885 .536 Truck Slop Saks !20 Relocate sales P W WBY, 819" Land only with
Radio Cidg. in take Minor circulatory analysis Signs may be In existing Special StA j
Relocate radushed ROW
7 George Hopkins, Trustee 109.303 1.523 None • Vacant Lard 1UA None None Regular
Mixed use potential
4 Rancho Vista Development 78665 use None • Vacant Land NIA None apparent None Regular
PART I Mixed use potential
4 PART 2 Unknown .200 None. Vacant Lard, mixed use potential • WA None apparent None Regular
possible, seporsta eoonomio unit to Part I
5 Shaul C. Baruch, Tnnlee 17.461 1,611 Noe • Want Land WA None apparent Nora Regular
Mixed use potential
SA Bittbare Kellum, at if. 107.222 .514 None • Veant lend WA None apparent - may be Fence Reg"
Mixed use polential tco is unit study
6AE Barbara Kenum, at al. 107.222 1.360 None • Vacai Lent WA Fan" Regular
DRAINAGE EASEMENT
68 Barbera Kellum, Net. 3.772 1.157 None • Vacant Land WA AberMavneri of Bomk Brea Fence La d"wim
Long term'C• pcter", Loop 288 oomer 8 new spit ttta Spaotaf study
trod
7 Cecil A. long 3.60 ,141 None • Vacant Lard WA Pence Regular
8A Hilhvood LanUf`snton LTD 1.915 .184 None • Veant Land WA Farce R"Ldw
0 Traci 1 Long term V, corner to Loop Zee E
88 Hillwad Lan&Denton LTD 23.678 .149 None • Vacant Land WA Fence Regular 1
Traci 2 long Win 'C', cones to Loop 288
9 T.I. 2398 Joint Ventura 239.388 0.T8 None • Mixed use polantiak • p"ubie WA Fans RVu1ar IIII
PAR I i separate eoxromk unit from Part 2
9 T.I. 239 B. Joi nt Venture 239.36 ,048 None • Marred use potential • possible ITA Fen" Reg star
PART 2 separate economic unit from Part I
0 10 Texas instruments, ft. 189.507 .249 Milovadurig Pont Drtvevra'y Regulr7 Lent
~Y
11 Electronic Dela Systems 79.087 .507 None • Vacant Lend Abandonment of Batts Brae Fen" L" ae1 with
Mt ed uw potential 8 new ekgnrtert $Piti bad 8 Speclai 61dy 1
team one wrel severad
remainder,
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PRELIMINARY SURVEY OF APPRAISAL PROPERTIES
FOR U. S. 77 WIDENING, CITY OF DENTON, TEXAS
BY FANNING & ASSOCIATES,' JANUARY 270 1097, Traci owner Parent Taking knp;..vmntrl;orrmerts Take possible hipovenvems M (x.) (ere.) of Parent
T rec1 Did to Remainder In Take Type of
Appraisal
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Main knp, Damagesrspeclat Analysts
12 Brien P. Cat,wno, Trustee 23.212 ,844 House padNry Nu411 no occupant None apparent Fence Regular/ Lend
only
13 ca; )*t Venture 14.196 1.224 None • Voard Land WA None apparent Far" Regular
Mixed use Polar"
13E Cati Joint Ventre 14.196 1.073 None - Vacant Land WA Fens ~et~la
DRAINAGE EASEMENT MueQuse potert'wt
14 Eugenia Rayia, et al. 97154 1.003 None - Vacant land WA Fence - IRepulr
Res'dentiN potential I
15 Don Johnson, Tom D.Jester 1.237 .540 Appears to be two sIrI tares on map Future street in tale area 1d/ Check blase u structim Lad only with
6 Paul M. Haywood, Jr. Insp probably vacant split IMS tract - rarer .557 and thal appear bale drawn In Special Study
140 ac the In take ant are sdusAy
present • assumed no
stn,ch"
t6 Mark Elizabeth Sasso .529 ,141 Residence 55'
Orkway, Fence Regular! land
ony
17 Kenneth L, Davidson d vile .657 .161 Residence 56 Drtvmy F. egutery Land
Helen L. Only
IB Reza Sabd ,545 157 Residence 30
Driveway Regukry Labs
only
19 Dennis Michatl Baker 8 .336 ,101 Residence 3T DrN"" Regular! Land
Becky Ann OelaHoumiv only
Baker
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20 W.H. Bottoms ,245 04a Residence 37 2 DrMnttys ReQntad Land {
0*
• 21 Albert B. Grubbs, Sr. 9 vAre 283 .103 Residence - L ooks tae I trade - may have 2 3T 2 Drbeways lard portion of Rog6W Lard
Margaret V. residences 3rd drW an wall only
22 (THERE IS NO l
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PARCEL 22) I
23 Emory D. Groenky 22 ,075 Vac" WA Structure may be in take, but Regular/ lard j
lappeaa to be only yd only
bu det on
• 24 Charles R. Jackson .615 15e Vacant Portion of Structure Is ReglAar7 Lend
shovel In talks Nut Insp. only
4F; 0 - v vacant
25 Barworth Carp.
.701 .174 Oder House 17 b seat caner d Pro
residence ownayes I!t 4-imroad - y bar same tkNaeey FuRvAh
Study
eoonornlt unit Q,K,tfon
5
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PRELIMINARY SURVEY OF APPRAISAL PROPERTIES
FOR U. S. 77 WIDENING, CITY OF DENTON, TEXAS
BY FANNING & ASSOCIATES,` JANUARY 2741907.:,.
Tract Owner Parent Taking knprovementsrcomnanls Take Pol lDb kwove nets Type of
N {ac,) 00 of Parent Traci Use. to Reminder In Take Apprsteel
Main knp. Oan+a9asl6pr:lal AnalyaH
26 David A. Coggin, Tnetee .317 .127 Vacant NA Remairder deekgmart Land only wtlh
poterm in question SPSCW Study
27 Charlie McMn CuminghAm .301 .055 Residence 30 Ddvewsy Rtgulorl Land
6 wile Janis
_ ony
28 Grady McEuin Jr, 6 via ,7071 .176 Residence 1 t to corner of Pradr* to krprtuernent In Full
Dorothea Gale structure on vest tale
portion of trot
gooks we Ixake bd
court attached to
same stucture)
House appears to
be atxut 40'
29 David A. Coggin, Tnetee 13.524 .662 Resdence. may be vacant 65' b structure on 2
dr}vevnys Ragulerlland
earl and 5710 orb
struck" on vest
30 Chipirq Lee d Pry Bely Lea W8 ,060 Resdence 65' to 77 and 15, to 2 dA.eways Reputed Land
Donna St only
31 Donald Edwin Gibson 8 vMe ,622 on Residence 55 orASVey Rega4rl Land
Gertrude
onY
32 Eidse T. Lot~ .'i39 .004 Residence 45'
DrNewsy Repulrlland
only
334 Jessie M, Annear 15% .267 Vaernt WA Fence Regular
336 Tex Morgan Martin 1.559 .151 Vacant WA Free Regular
• 330 Jerry Ray Martin 1W 300 Vacant WA DwelopabRy of srrrl triangle Farce Land only with
rearkder In quel ",peck Study
33F R. D. Martin 1,569 ,272 Vacant Far" Regular
330 Jerry Ray Martin 6 Ouevs E. 1.550 .430 Vacant WA Fenn Regular
Martin
® 34 Joe W .5 ~ 6 We Mary 4.0 003 Vacant Fence Regan
je•
35 Denton Christian Church 2.11650 DD9 Church Building, 2 Wvrweys and sign 1,000' NorM Regular/ Land
cwwcaD or*
37 BA McCWan, Trustee .1640 .OtO Vloant N" R"UW
6
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...._._..__..._..._......_..~_.~.._._•_.•_._~__._._,_._._.~._d.___...~......~...~~ ....................w...r wa+ni.,rasr an.. . Yltfi,•~. aPRELIMINARY SURVEY OF APPRAISAL
PROPERTIES
FOR U. 3.77 WIDENING, CITY OF DENTON, TEXAS <
BY FANNING & ASSOCIATES, JANUARY 27r 1997
Tr OWTW Parent Taking kwprovementscomwerds Take Possible
41 Ise.) ¢0.1 of Parent Trod Dist. to Rarnerder krrpin Take Type Appraisal
Main kv. D"eVSpedd Analysis
38 City of Oenyon
NO APP RA ISA L
39.1 Bob E. Tripp 8 DwW E. 27,789 1290 Norr Drhvwwy Regular
Tripp, Trusk-es
PARTI
39.1 Bob E. Tripp 8 OmAd E. 27.759 .004 Cortw None • PasION "rot ecoramk: urA to Repute
Tripp, Trustees asp Pori I
PART 2
40 W. C. Orr 1,770 1,370 Nam- VaoanlL" RegularlLand
(Not sure of take ass) ony
41 Bapllsl Missionary Assn of 1930 .,002 Comer Church Buk WV 1,200 None Regufarl Land
Texas Clip orJy
42 Don R. O'Neal 1.3250 .010 Buskvesa None Rpularl LAM
Corner Clip any
43 Joseph E. rack 6 wRe .645 .005 Business Nona Regularl Land
Barbara Corm CIO only
44 W.E. Williams, Jr, 1,651 005 Corner Bushesa 16' Nona Rep ilarl Land
Clip o y'
NO PARCELS 45-48-47
'^N 48 W.E. WsGarmJr. .9010 ,008 Comer Norst Regular
CHIP
49 James WOm is .1740 .013 Redder" close? Proxkr.Ry to hoists None FLA with
• ReM Atudy of Inpect Speciat Study
50 Bill Reed, E.E" WrigN Jr. & ,790 ,005 Reddens 25' Nona Ropilan' Lund
E, E, Wrlghl III only
I~
51 Joe Bytan Pamirplon .2260 .000 Reskier" 70' None Ragdar/ Lord
anly,
52 Warier A. Searle 6 wife 4.179 .006 Ra ikiem" I T ProxtmRy 10 louse Fd with
Barbara M. Searle Rmt sltaly of krpsd Spec'a! S"
53 Jame Ferguson Ogilvy 8 .240 .008 Raakienae 37 Repaid UM
s wan P. onN
E3 John C. JoNum .2480 .Of 2 RsAWence 27 Pm*nfty to ham FL 41 with
Aar1 ":y Of Impeal Special Study
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PRELIMINARY SURVEY OF APPRAISAL PROPERTIES r;; 1r
FOR U, S. 77 YtIOENINO, CITY OF DENTON, TEXAS
BY FANNING a ASSOCIATES,,IANUARY,27, 111197 1
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Traci CYmer Parent Taking krprovementsfCOnrnenta Take Possible kwovemants Type of
R (K.) (ac.) of Parent Tract Dist. to Remalnder In Take Appalsal
Main Imp. DanutpesrSpeclalAnalysfs
56 Linwood Johnson Roberson 2670 .025 Residence clots P admity to house Full wtlh
8 wire Eula &A Roberson R" study or head SPKIaI SN4
57 Paul W. Duke, Trualee 420 on Residence 25' Proximity to have Full with
Rent study of knpad Special Study ,
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NO PARCELS 58, 59, 60
PARCEL 61 Dekled E
62 William Abemsthy 1332 .026 Western Auto Store 28' Assume no loss or Pillin9 ft" and Iend$440q Rfpulw
but carvmol be sure until
staked in Will
43 - Regular Appraisal (Land Value only and minimal level Remainder Analysis) J
7 - Land Value with Special Study for Remainder Analysis (Parcel #'s 2, 68, 11, 15, 26, 33D & 36) j
8 - Full Appraisal of House Improvements and Remainder Special Study of Proximity Issues
(Parcel #'s 25, 28, 49, 52, 55, 56, 57)
58 - Sub-total of Valuation Appraisals
6 - Preliminary Appraisal Studies of Properties with Only 'Corner Clip' (Parcel #'s 35, 41, 42, 43, 44 & 48)
Each of these assignments will be a preliminary study with a letter report stating : the extent of
analysis, a statement that a full appraisal has not been completed, but that if a full appraisal were to be
completed, we would not expect that the value would exceed $2,500, Attached to the letter report will be
the following exhibits:
1, One page descriptive data of subject
2, Sales data that would most probably be applicable if a full appraisal were to be completed
® 3. Location map
4. Photographs of lake area and parent tract
5. Definitions, Certification and Limiting Conditions
64 - Total Assignments
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CITY COUNCIL REPORT Agenda No...•,1....-
Agenda Item Q?
Date
DATE: March 3, 1997
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
SUBJECT: Professional Service's Agreement (Sargent Appraisal Co)
U.S. 77
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute a Professional Services
Agreement; authorizing the expenditure of funds; and providing for an effective
date.
SUMS.ARY/BACKGROUND:
The City of Denton, Engineering and Transportation Department will be acquiring
the necessary additional right-of-way for the U.S. Highway widening project. As
parr, of process, an appraisal must be secured for each parcel (which exceeds
1:,500 in value). These appraisals are required to be reviewed for conformity
with the federal requirement. Mr. O.L. (Chip) Sargent has provided these
services to other communities in this area. The initial appraisal is proposed
to be provided by Fanning and Associates (ordinance and contract also scheduled
for approval).
PROGRAMS. DEPARTMENTS, OR GROttPS AFFECTED:
Mr. Chip Sargent has been appraising real estate in excess of 10 years in the
Denton area. We have utilized his services previously and are very satisfied.
FISCAL IMPACT
Cost for right -of -way pure ese (appraisals; real property acquistion; title
policy; utility and fence relocations). The appruximate cost of the review
appraisal service is $11,650.
Please advise if I can provide additional information.
RQCT SUB TT
ED-
R Deputy City Manager
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Prepared by:
@ Roger N. Wilkinson
Supe so of Engineering Techs
Righ -of-Way
AEE0083A
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1.\y PDOCS\ORD\SARGSNT. ORD
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DEMON AUTHORIZING THE CITY MANAGER TO
EXECUTE A PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF
DENTON AND D.L. SARGENT, JR. DBA ARGENT APPRAISAL COMPANY FOR
APPRAISAL REVIEW SERVICES RELATING TO RIGHT-OF-WAY ACQUISITION
ALONG U.S. HIGHWAY 77; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFORE; AND PROVIDING AN EFFECTIVE DATE.
SHE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a professional services agreement for appraisal review
services betwei-l the City of Denton and D.L. Sargent, Jr., DBA
Sargent Appraisal Company to assist the City in establishing
reasonable values for the acquisition of right-of-way for U.S.
Highway 77 widening project, a copy of which is attached hereto
and incorporated herein.
SECTION II. That the City Manager is hereby authorized to
expend the funds as specified in the contract.
SECTION ITL, That this ordinance shall become effective
immediately upon its passage and approva'.
PASSED AND APPROVED this the day of ,
1997.
JACK MILLER, MAYOR
1
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
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BY:
APPROVED AS TO LEGAL FORM:
• HERBERT L. PROUTY, CITY ATTORNEY
BY
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PROFESSIONAL SERVICES AGREEMENT
FOR D.L. Sargent, Jr, DBA Sargent Appraisal Company
Appraisal Review Services - HWY 77 Project
STATE OF TEXAS §
COUNTY OF DENTON §
THIS AGREEMENT is made and entered into as of the day of
, 19915, by and between the City of Denton, a Texas
Municipal Corporation, with its principal office at 215 E. McKinney
Street, Denton, Denton County, Texas 76201, (hereinafter sometimes
referred to as "OWNER") and Sargent Appraisal Company , with its
corporate office at P.G,Box 2Z56,_10$I0 Tom Maxwell , hereinafter
called the ("C,)NSULTANT") acting ein, by rough their duly
authorized rerresentative.
WITNESSETH, ttat in consideration of the covenants and
agreements herein contained, the parties hereto do mutually agree
as follows:
1
ARTLr"LE I
• EMPLOYMENT OF CONSULTANT
i
The OWNER hereby contrarts with CONSULTANT, as an independent
contractor, and the CONSULTANT hereby agrees to perform the i
services herein in connection with the Project as stated in the '
• sections to follow, with diligence and in accordance with the • •
highest professional standards customarily obtained for such
services in the State of Texas. The professional services set out
herein are in connection with the following described project:
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The Project shall include without limitation, (herein described
Project) . . .
ARTICLE Ll
SCOPE OF SERVICES
The CONSULTANT shall perform the following services in a
professional manner:
A. The CONSULTANT shall perform all those services as necessary
and as described in the OWNER's (herein describe any request
for proposal which the owner has utilized to solicit the
described in meeting
CONSULTANT's services) W~i~,•h request which is
attached hereto .^.nd made9arpar ereof as 4ohdA)dAx%)(" as if
written word for word herein. Right-of-way plans already provided
to consultant.
B. To perform all those services set forth in CONSULTANT'S (herein
described any proposal of CONSULTANT which has been provided
see att. letter li-607
including the date of said proposal ) which
proposal is attached hereto and made a part hereof as Exhibit
"B" as if written word for word herein.
C. CONSULTANT shall perform all those services set forth in
individual task orders which shall be attached to this
agreemunt and made a part hereof for all purposes as separate
agreements. (If CONSULTANT is a professional engineer and you
• wish to list specific services of the CONSULTANT please list
all specific engineering services to be provided including the r
preparation of detailed plans and specifications).
D. If there is any conflict between the terms of this agreement
and the exhibits attached to this agreement the terms and •
conditions of this agreement will control over the terms and j
conditions of the attached exhibits or task orders.
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ARTICLE III
AVDITIONAL SERVICES
(To be used if CONSULTANT is an engineer). Additional Services
to be performed by the CONSULTANT, if authorized by the OWNER,
which are not included in the above described basic .services, are
described as follows:
A. During the course of the project, as requested by OWNER, the
CONSULTANT will be available to accompany OWNER's personnel
when meeting with the Texas Natural Resource Conservation
Commission, U.S. Environmental Protection Agency, or other
regulatory agenuies. The CONSULTANT will assist OWNER
personnel on an as-needed basis in preparing compliance
schedules, progress reports, and providing general technical
support for the OWNER's compliance efforts.
B. Assisting OWNER or Contractor in the defense or prosecution of
litigation in connection with or in addition to those services
contemplated by this Agreement. Such services, if any, shall
be furnished by CONSULTANT oa a fee basis negotiated by the
respective parties outside of and in addition to this
Agreement.
C. Sampling, testing or analysis beyond that specifically included
in Basic Services.
f
D. Preparing copies of Computer Aided Drafting (CAD) electronic
data bases, drawings, or files for the OWNFR's use in a future
CAD system.
• E. Preparing applications and susaorting documents for government Y • •
grants, loans, or planning advances and providing data for
detailed applications.
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F. Appearing before regulatory agencies or courts as an expert
witness in any litigation with third parties or condemnation
proceedings arising from the development or construction of the
Project, including the preparation of engineering data and
reports for assistance to the OWNER.
G. Providing geotechnical investigations for the site including
soil borings, related analyses and recommendations.
H. (List any additional services not included in Basic Services)
ARTICLE IV
PERIOD OF SERVICE
This Agreement shall become effective upon execution by the
OWNER and the CONSULTANT of this Agreement and upon issue of a
notice to proceed by the OWNER and shall remain in force for the
period which may reasonably be required for the completion of the
Project, including Additional Services, if any, and any required
extensions approved by the OWNER. This Agreement may be sooner
terminated in accordance with the provisions hereof. Time is of
the essence in this Agreement. The CONSULTANT shall make all
reasonable efforts to complete the services set forth herein as
expeditiously as possible and to meet the schedule established by
the OWNER, acting through its City Manager or his designee.
ARTICLE V r
COMPENSATION
.
A. COMPENSATION TERMS:
y 1. "Subcontract Expcnse" is defined as expenses incurred by
the CONSULTANT in employment of others in outside firms for
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services in the nature of NIA
2. "Direct Non-Labor Expense" is defined as that expense for
any assignment incurred by the CONSULTANT for supplies,
transportation and equipment, travel, communications,
subsistence and lodging away from home and similar
incidental in connection with that assignment.
B. BILLING AND PAYMENT:
For and in consideration of the professional services to be
performed by the CONSULTANT herein, the OWNER agrees to pay
based on the cost estimate detail at an hourly rate shown in
Exhibit C, which is attached hereto and made a part of this
agreement as if written word for word herein, a total fee
including reimbursement for direct non-labor expense not to
exceed may vary Qg ,ding on number of appraisals reviewed -
see exhibit "B" for rate schedule.
Partial payments to the CONSULTANT will be made on the basis of
detailed monthly statements rendered to and approved by the
owner through its City Manager or his designees; however, under
no circumstances shall any morthly stateaent for services
exceed the value of the work performed at the time a statement
is rendered. The owner may withhold the final 5% of the
• contract amount until completion of the project.
i
Nothing contained in this Article shall require the owner to
pay for any work which is unsatisfactory as reasonably
determined by the City Manager or his designee or which is not E -
• submitted in compliance with the terms of this contract. The • •
City shall not be required to make any payments to the
CONSULTANT when the CONSULTANT is in default under this
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contract.
It is specifically understood and agreed that the CONSULTANT
shall not be authorized to undertake any work pursuant to this
agreement which would require additional payments by the OWNER
for any charge, expense or reimbursement above the maximum not
to exceed fee as stated without first having obtained written
authorization from the OWNER. The CONSULTANT shall not proceed
to perform the services listed in Article IV. Additional
Services, without obtaining prior written authorization from
the owner.
C. ADDITIONAL SERVICES
For additional services authorized in writing by the OWNER in
Article IV, the CONSULTANT shall be paid based on the Schedule
of Charges at an hourly rate shown in Exhibit C. Payments for
additional services shall be due and payable upon submission by
the CONSULTANT and shall be in accordance with subsection B
hereof. Statements shall not be submitted more frequently than
monthly.
D. PAYMENT
If the OWNER fails to make payments due the CONSULTANT for
• services and expenses within sixty (60) days after receipt of
the CONSULTANT'S undisputed statement thereof, the amounts due
the CONSULTANT will be increased by the rate of one percent '
(18) per month from the said sixtieth (60th) day, and in
addition, the CONSULTANT may, after y, giving seven (7) days'
~ ~ • •
® written notice to the OWNER, suspend services under this
Agreement until the CONSULTANT has been paid in full all
amounts due for services, expenses ap.d charges provided,
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however, nothing herein shall require the owner to pay the late
charge of one percent (i$) set forth herein if the owner
reasonably determines that the work is unsatisfactory, in
accordance with this Article V, Compensation.
AUILLELYl
OBSERVATION AND REVIEW OF THE WORK
The CONSULTANT will exercise reasonable care and due diligence
in discovering and promptly reporting to the OWNER any defects or
deficiencies in the work of the CONSULTANT or any subcontractors or
subconsultants.
ARTICLE VII
OWNERSHIP OF DOCUMENTS
All documents prepared or furnished by the CONSULTANT (and
CONSULTANT' s subcontractors or subconsultants) pursuant to this
Agreement are instruments of servir7e and shall become the property
of the OWNER upon the terminati(,• of this Agreement. The
CONSULTANT is entitled to retain copies if all such documents. The
documents piapared and furnished by the CONSULTANT are intended
only to be applicable to this project and OWNER'S use of these
docwnents in other projects shall be at OWNER'S sole risk and
expense. In the event the OWNER uses the Agreement in another
project or for other purposes than specified herein any of the
• information or materials developed pursuant to this agreement,
CONSULTANT is released from any and all liability relating to their
use in that project.
RTICLE VIII
INDEPENDENT CONTRACTOR • •
J i
CONSULTANT shall provide services to OWNER as an independent
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contractor, not as an employee of the OWNER. CONSULTANT shall not
have or claim any right arising from employee status.
ARTICLE IX
INDEMNITY AGREEMENT
The CONSULTANT small indemnify and save and hold harmless the
OWNER and its officers, agents, and employees from and against any
and ell liability, claims, demands, damages, losses and expenses,
including but not limited to court costs and reasonable attorney
fees incurred by the OWNER, and including without limitation
damages for bodily and personal injury, death and property damage,
resulting from the negligent acts or omissions of the CONSULTANT or
its officers, shareholders, agents, or employees in the execution,
operation, or performance of this Agreement.
Nothing in this Agreement shall be construed to create a
liability to any person who is not a party to this Agreement and
nothing herein shall waive any of the party's defenses, both at law
or equity, .o any claim, cause of action or litigation filed by
anyone not i party to this Agreement, including the defense of
governmental immunity, which defenses are hereby expressly
reserved.
ARTICLE Y,
INSURANCE
Dur.,ng the performance of the Services under this Agreement, J
CONSULTANP shall maintain the following insurance with an insurance I '
company licensed to do business in the state of Texas by the State I
Insurance Commission or any successor agency that has a rating with
• Best Rate Carriers of at least an A- or above: •
A. Comprehensive General Liability Insurance with bodily injury
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limits of not less than $500,000 for each occurrence and not
less than $500,000 in the aggregate, and with property damage
limits of not less than $100,000 for each occurrence and not
less than $100,000 in the aggregate.
B. Automobile Liability insurance with bodily injury limits of not
less than $500,000 for each perscn and not less than $500,000
for each accident and with property damage limits for not less
than $100,000 for each accident.
C. The CONSULTANT shall furnish insurance certificates or
insurance policies at the OWNER's request to evidence such
coverages. The insurance policies shall name the OWNER as an
additional insured on all such policies and shall contain a- ~,J--
provision that such insurance shall not be canceled or modified
without 30 days prior written notice to OWNER and CONSULTANT.
In such event, the CONSULTANT shall, prior to the effective
date of the change or cancellation, serve substitute policies
furnishing the same coverage.
ARTICLE XI
ARBITRATION AND AJTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this
Agreement by submitting the dispute to arbitration or othe: means
of alternate dispute resolution such as mediation. No arbitration
or alternate dispute resolution arising out of or relating to, this
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agreement involving one party's disagreement may include the other
party to the disagreement without the other's approval.
ARTICLE XII
TERMINATION OF AGREEMENT
r
A. Notwithstanding any other provision of this Agreement, either
party may terminate by giving thirty (30) days advance written
notice to the other part}.
B. This agreement may be terminated in whole or in part in the
event of either party substantially failing to fulfill its
obligations under this Agreement. No such termination will be
affected unless the other party is given (1) written notice
(delivered by certified mail, return receipt requested) of
intent to terminate and setting forth the reasons specifying
the nonperformance, and not less than 30 calendar days to cure
the failure, and (2) an opportunity for consultation with the
terminating party prior to termination.
C. If the agreement is terminates prior to completion of the ser-
vices to be provided here•:nder, CONSULTANT shall immediately
cease all services and shall render a final bill for services
to the owner within 30 days after the date of termination. The
OWNER sh~1J. pay CONSULTANT for all services properly rendered
and satisfactorily performed and for reimbursable expenses to
• termination incurred prior to the date of termination in 3c-
cordance with Article TV, Compensation. Should the OWNER ;•ub-
sequently contract with a new CONSULTANT for the continuation C
of services on the project, CONSUTANT shall cooperate in
providing information. The CONSULTANT shall turn over all
• •
documents prepared or furnished by CONSULTANT pursuant to this O
Agreement to the OWNER on or before the date of termination but
may maintain copies of such documents for its use.
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APTICLE XITT
RESPONSIBILITY FOR CLAIM; AND LIABILITIES
Approval by the OWNER shall not constitute nor be deemed a
release of the responsibility and liability of the CONSULTANT, its
employees, associates, agents, subcontractors and subconsultants
for the accuracy and competency of their designs or other work; nor
shall such approval be deemed to be an assumption of such
responsibility by the City for any defect in the design or other
work prepared by the CONSULTANT, its employees, subcontractors,
agents and consultants.
ARTICLE XIV
NOTICES
All notices, communications, and reports required or permitted
under this Agreemcnt shall be personally delivered or mailed to the
respective parties by depositing same in the United States mail at
the address shown below, certified mail, return receipt requested
unless otherwise specified herein. Mailed notices shall be deemed
communicated as of three days mailing:
To CONSULTANT: To OWNER:
Sargent Appraisal Company City of Denton
P.O. Box 2756 ATTN•
-10090 TOM TaxxelI Rd. Title:
enfon' IX 16202 215 E. McKinney
• Denton, Texas 76201
All notices shall be deemed effective upon receipt by the party
to whom such notice is given or within three days mailing,
A_RTICL•E XV !
ENTIRE AGREEMENT
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This Agreement consisting of 17 pages and 2 exhibits
constitutes the complete and final expression of the agreement of
the parties and is intended as a complete and exclusive statement
of the terms of their agreements and supersedes all prior
contemporaneous offers, promises, representations, negotiations,
discussions, communications and agreements w`.+ch may have been made
in connection with the subject matter her
I ARTICLE XVI
SEVERABILITY
If any provision of this Agreement is found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
shall not cause the remainder to be invalid or unenforceable. In
such event, the party shall reform this Agreement to replace such
stricken provision with a valid and enforceable provision which
comes as close as possible to expressing the intention of the
stricken provision.
ARTICLE XVII
COMPLIANCE WITH LAWS
The CONSULTANT shall comply with all federal, state, local
laws, rules, regulations, and ordinances applicable to the work
covered hereunder as they may now read or hereinafter be amended.
ARTICLE XVIII
r
DISCRIMINATION PRO14IBITED
In performing the services required hereunder, the CONSULTANT
• shall not discriminate against an •
any person on the basis of race,
color, religion, sex, national origin or ancestry, age, or physical
handicap.
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='ICLE XIX
PERSONNEL
A. The CONSULTANT represents tt.at it has or will secure at its own
expense all personnel requ.Lred to perform all the services
required under this Agreement. Such personnel shall not be
employees or officers of, or have any contractual relations
with the city. CONSULTANT shall inform the OWNER of any.
conflict of interest or potential conflict of interest that may
arise during the term of this Agreement.
B. All services required hereunder will be performed by the
CONSULTANT or under its supervision. All personnel engaged in
work shall be qualified and shall be authorized and permitted
under state and local laws to perform such services.
8$T.ISLR_.XX
ASSIGNABILITY
The CONSULTANT shall not assign any interest in this Agreement
and shall not trarifer any interest in this Agreement (wtether by
assignment, ncvati.n or otherwise) without the prior written
consent of the OWNER.
ARTj~j• • xxI
MODIFICATION
•
No waiver or modification of this Agreement or of any covenant,
condition, limitation herein contained shall be valid unless in
writing and duly executed by the party to be charged therewith and
no evidence of any waiver or modification shall be offered or L
e • •
received in evidence in any proceeding arising between the parties
hereto out of or affecting this Agreement, or the rights or
obligations of the parties hereunder, and unless such waiver or
PAGE i3
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modification is in writing, duly executed; and, the parties further
agree that the provisions of this section will not be waived unless
as herein set forth.
ARTICLE XXII
MISCELLANEOUS
A. The following exhibits are attached to and made a part of this
Agreement (list exhibits);
8. CONSULTANT agrees that OWNER shall, until the expiration of
three (3) years after the final payment under this Agreement,
have access to and the right to examine any directly pertinent
books, documents, papers and records the CONSULTANT
involving transactions relating to this Agreement. CONSULTANT
agrees that OWNER shall have access during normal working hours
to all necessary CONSULTANT facilities and shall be provided
adequate and appropriate working space in order to conduct
audits in compliance with this section. OWNER shall give
CONSULTANT reasonable advance notice of intended audits.
C. Venue of any suit or cause of action under this Agreement shall
lie exclusively in Denton County, Texas. This Agreement shall
be construed in accordance with the laws of the State of Texas.
D. For the purpose of this Agreement, the key persons who will
perform most of this work hereunder shall be D.C.Sargent,Jr.
However, nothing herein shall limit CONSULTANT from using other
qualified and competent members of their firm to perform the
services required herein.
® E. CONSULTANT shall commence, carry on, and complete any and all • O
projects with all applicable dispatch, in a sound, economical,
efficient manner; arid, in accordance with the provisions
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hereof. In accomplishing the projects, CONSULTANT shall take
such steps as are appropriate to ensure that the work involved
is properly coordinated with related work being carried on by
the OWNER.
F. The OWNER shall assist the CONSULTANT by placing at the
CONSULTANT's disposal all available information pertinent to
the project, incl0ing previous reports, any other data
relative to the project and arranging for the access to, and
make all provisions for the CONSULTANT to enter in or upon,
public and private property as required for the CONSULTANT to
perform services under this Agreement.
G. The captions of this Agreement are for informational purposes
only and shall not in any way affect the substantive terms or
conditions of this Agreement.
IN WITNESS HEREOF, the City of Denton, Texas has caused this
Agreement to be executed by its duly authorized City Manager and
CONSULTANT has executed this Agreement through its duly authorized
undersigned officer on this the day of ,
19
CITY OF DENTON, TEXAS
p Ted Benavides, City Manager
ATTEST:
J L
JENNIFER WALTERS, CITY SECRETARY
• • •
By:
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APPROVED AS TO LEGAL FORM:
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HERBERT L. PROUTY, CITY ATTORNEY
By:
CONSULTANT
By:
Name: D.L.Sargent,Jr.
Title: Owner - Sole Propeietor
WITNESS:
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Exhibit "B"
SARGENT APPRAISAL COMPANY
P.O. BOX 275a -10080 TOM MAXWELL ROAD
DENTON. TEXAS, 78= ZM
Bt7•SW9574
D, L S"W'A. Jr. Mamba Ap &kW lmt hAs
Stab C&~ Gwwal Rawl Estate Appniw
Llaroad Awl ENda Bmliw
COPY
January 6, 1997
Mr, Roger Wilkinson
Engineering Department
City of Denton
City Hall -West, N. Elm
Denton, TX 76201
Re: Fee Proposal, Real Estate Appraisal Reviews, HWY 77 Project, Denton, TX
Dear Mr. Wilkinson:
Thank you for the opportunity to provide apppraisal review services for the City of Denton
relating to right-of-way acquisition along HWY 77 north of HWY 380 and east - south of IH35.
It is my understanding Fanning and Associates of Denton will ba preparing the appraisal
reports which will be reviewed. The scope of the review Is for proper application of appraisal
theory, compliance with Texas Highway Department appraisal procedures, and certification
that the value / compensation estimate Is supported by verified market data.
All questions I have concerning a particular appraisal will be handled directly between myself
and the appraiser. If the appraiser and myself cannot reconcile questions, but value Is not
affected, the review will so state. However, if valuation questions cannot be resolved, a
separate appraisal should be prepared, which Is not Included in this fee proposal.
I believe the assignments break down roughly as follows:
Non-complex Land 48
Complex Land 8
Improved Properties 7
• You mentioned about half of the non-complex land assignments may not be appraised due to
compensation estimates below some de minimis level.
The fee for each appraisal review of a non-complex land appraisal report Is $150, complex
land $250, and improved properties $350.
Appearance before any deposition, commission, court, or preparation time for any such event
• will be billed separately.
Please call 0 you have any further questions.
Sincerely,
t
D. L Sargent, Jr,, MAI 2
CC .J ~
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Exhibit "C"
Dorwin L. Sargent, Jr.
Oualificatlons
Memberships/
Experience: Member of the Appraisal Institute (MAI)
Member Number 9191
State Certified General Real Estate Appraiser
Certificate No.: 7X•1320243
Broker, licensed by the Texas Real Estate Commission,
license No.: 310320
Active in Real Estate Appraisal on Fee Basis In Denton,
Texas from 1982 to the present
Appraisal Review Board, Denton Central Appralsal
District, 1987.88.
Appraisal Institute Committees:
Region 8 Ethics and Counseling Panel
Education: Bachelor of Business Administration, Baylor University
Concentration of Study in Finance / Real Estate
Numerous Appraisal Courses & Seminars Sponsored by the:
American Institute of Real Estate Appraisers
Society of Real Estate Appraisers
Appraisal Institute
Types of Assignments:
Market value appraisals on acreage (farm, ranch,
transitional), multi-family, office, retail, office/
warehouse, special purpose, and single family.
Highest and Best Use • Feasibility Analysis
Eminent Domain Assignments
1 Completed Assignments
for Previous Clients
• (partial list, Corporate and
Individual clients omitted):
Financial Institutions
First State Bank, Denton; North Texas Savings, {
Denton; Texas Bank, Denton; Nations Sank, Dallas; Guaranty
National Bank, Sanger and Gainesville; Lake Cities Bank,
® Lake Dallas; Bank One, Denton; Texas Commerce Bank, -
Ft Worth; Hibernia Bank, Dallas O O
J Government Aaencles
F.D.I.C., Resolution Trust Corporation, City of
Denton, University of North Texas, Texas Woman's j
University, Texas Parks & WiIdiiIs, City of Ft. Worth, II
City of Lewisville, Texas Highway Department f
r:
•
Agenda No
Agenda Item -tea
CITY COUNCIL REPORT FORMAT Date 3-/~-9
TO: Mayor and Members of City Council
FROM: Rick Svehla, Deputy City Manager
DATE: March 18, 1997
SUBJECT: Consider adoption of an ordinance relinquishing an area located east of the Elm
Fork of the Trinity River and south of FA1455 from the extraterritorial
jurisdiction of the City, of Denton and establishing an easterly extraterritorial
jurisdiction boundary line.
RECOMMENDAVON6
Staff recommends approval.
SUMMARY:
The ordinance establishes an easterly, extraterritorial jurisdiction (ETJ) boundary, line described
in appendix "A" and shown on map in appendix "B". (See attachment 41) The said easterly
ET) boundary line commences north of the Town of Shady Shores (from a current ETJ
agreement line) north through Lake Lewisville to U. S. Highway 380 and then following the
most easterly line of the U.S. Army Corps of Engineers fee title and conservation easements
located on the east side of the Elm Fork of the Trinity Ricer; and then easterly along a line 500
feet south of the south right-of-way line of FM 455 for a distance of approximately 17,000 feet.
Accordingly, the ordinance will release from Denton's extraterritorial jurisdiction all that area
located east of and south of the said line. After the effective date of the ordinance, any of the
municipalities in that area including Aubrey, Krugerville, Cross Roads, Oak Point and Shady
Shores may proceed to expand their extraterritorial jurisdiction or to annex properties in
accordance with the Local Government Code.
In conducting our research and finalizing documents for the establishment of the said easterly
A ETJ boundary line, staff consulted with municipalities in that area including Shady Shores, Oak
Point, Cross Roads, Krugerville and Aubrey on matters of mutual interests.
BACKGROUND:
i
Discussions with regard to an extraterritorial jurisdiction agreement line between the City of
• Denton and the City of Aubrey dates back to E987 when Aubrey's Mayor requested that the City - • •
of Denton consider releasing an area east of the Elm Fork to the City, ol'Aubrey. At that time
(1987- 1989) the City of Denton was in the process of initiating the greenbelt annexations along
the Elm Fork. On January, 5, 1988 City Council held a discussion on the subject and directed
staff to return with the item at a future meeting, According to our records the draft agreement
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was sent to the City of Aubrey for signature in January, 1988 and it was retumed in March, 1988
for amendment. As of July 12, 1988 no further action was taken on this item and no reason or
explanation has been document.-d.
In May 1996, the City of Aubr:y again requested that the City of Denton reconsider the old
agreement line along the Elm fork. City Council received reports from staff on July 23, 1996
and again on November 19, 1996. In the most recent report to City Council on February 25,
1997, staff proposed the establishment of an easterly extraterritorial jurisdiction boundary line
located east of the U.S. Army Corps of Engineers property. Since then staff has researched the
description of the U.S. Army Corps of Engineers conservation easements and visited with the
City of Aubrey with regard to the line following the easterly boundary of fee title property and
conservation easements. City of Aubrey has agreed to that demarcation.
PROGRAMS, DEPARTMENTS OR CROUPS AFFECTED:
Not applicable.
FISCAL IMPACT:
Not applicable.
Please advise if I can provide additional information.
RE ECTF LY S MITTED: i
t
Rick Sve 1
Deputy City Manager
Prepared by:
00,VU.1 h) •
Hang N. ersaud, !NIRTPI, AICP
• Senior Planner
ATTACIO.IENT;
• (.Ordinance including appendix "A" describing the easterly ETJ boundary line and appendix • •
"li" map showing the said line,
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e:\waoocs~oxc~'.eT~ nFc
ATTACHMENT 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, RELINQUISHING AN AREA
LOCATED EAST OF THE ELM FORK OF THE TRINITY RIVER AND SOUTH OF FM
455 FROM THE EXTRATERRITORIAL JURISDICTION OF THE CITY OF DENTON;
ESTABLISHING AN EASTERLY EXTRATERRITORIAL JURISDICTION BOUNDARY
LINE AND DECLARING AN EFFECTIVE DATE.
WHEREAS, pursuant to the provisions of Chapter 42 of the Local
Government Code, Denton has as of the date of this ordinance an
extraterritorial jurisdiction over the unincorporated area
contiguous to and within three and one-half miles of its corporate
boundaries; and
WHEREAS, pursuant to the provisions of Chapter 42 of the Local
Government Code, the cities of Aubrey, Krugerville, Cross Roads,
Oak Point and Shady Shores have as of the date of this Agreement an
extraterritorial jurisdiction over the unincorporated area
contiguous to and within one-half mile of their respective
corporate boundaries; and
WHEREAS, in order to avoid all present and future conflicting
claims to land within its extraterritorial jurisdiction, the City
of Denton desires to define, establish, and fix its easterly extra-
territorial jurisdictional boundary line; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. Thac an easterly extraterritorial jurisdiction
boundary line is hereby established for the City of Denton as
described in Appendix A and shown on the map in Appendix B,
attached hereto and made a part of this ordinance as if written
word for word herein.
SECTION II. That the City of Denton, Texas, relinquishes all
of its extraterritorial ju°isdiction rights in that area located to
the east and south of the said easterly extraterritorial jurisdic-
tion boundary line as described and shown in the attached appendi-
ces, so that hereafter the area located to the west and north of
said boundary line, including, without limitation, the US Army
Corps of Engineers fee simple property and conservation easements,
for which tract and parcel descriptions have been obtained from the
US Army Corps of Engineers and kept on file with the Denton
Planning and Development Department, is established as an area
• within the extraterritorial jurisdiction of the City of Denton. 0
SECTION III. That any prior extraterritorial jurisdiction
line established by the City of Centon or resulting from any action
of another party, whether by annexation of territory, the request
of one or more landowners, or any other method or procedure, and
without regard to whether the action, method, or procedure was or
would be valid in accordance with the laws of the State of Texas,
is hereby deemed to be of no further force or effect.
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SECTION IV. That this ordinance is not intended to and shall
not be construed as establishing, defining, or affecting any
extraterritorial jurisdiction boundaries of any city or town other
than the City of Denton. Nothing herein shall constitute any
warranty or assurance that any other city will be able to incorpo-
rate or annex any tract of land located in the extraterritorial
jurisdiction area which has been relinquished by the City of
Denton. Any other city or town shall be free to annex land and
exercise any powers conferred upon it by state law, in accordance
with state law, within the extraterritorial jurisdiction area
released by the City of Denton hereby, without the permission or
agreement of the City of Denton.
phrase, o d ofhthisfordinancesection,
shallabegfinally adjudged clause,
any
court of competent jurisdiction to be unconstitutional or invalid,
such final judgment shall not affect, impair, -r invalidate the
remainder thereof, but shall be confined in its operation to the
section, paragraph, sentence, clause, phrase, or word thereof so
found to be unconstitutional or invalid.
SECTION y1. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this day of
1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:_
•
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
Pa fgjle 2
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APPENDIX "A"
Beginning at the easternmost point of a line lying 2,400 feet west
and along the north Town limits line of Shady Shores as established
by the City of Denton Ordinance #74-33, dated August 20, 1974;
Thence east for a distance of 4,900 feet to a point for corner;
Thence north 8,300 feet to a point for corner;
Thence north 310 west for a distance of 8,700 feet to point for
corner;
Thence north for a distance of 5,900 feet to a point for corner, said
point lying on the southerly Denton city limits line as established by
Ordinance #74-36 (Tract 2), said point lying 350 feet south of and
perpendicular to the centerline of US Highway 380;
Thence easterly along said Denton City limits line, south of and
parallel to the centerline of US highway 380 for a distance of 3,300
feet to a point for corner, said point being the south east corner of
said Denton City limits line as established by Ordinance #74-36
(Tract 2);
Thence north 060 59' 30" East along the eastern Denton City limits
line as established by Ordinance #74-36 (Tract 2), crossing US
Highway 380, a distance of 700 feet to a point for corner, said point
• being the northeast corner of Denton City limits as established by
Ordinance 74-36 (Tract 2), said point lying on the center line of
Rock Hill Road;
Thence westerly along the north Denton city limits line 30 feet to the
• intersection of the west right-of-way line of Rock Hill Road to a point -
• o
for corner;
Appendix "A" Page I of wo pages
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Thence northerly along the west right-of-way line of Rock Hill Road
to a point for corner, said point being the intersection of the west
right-of-way line of Rock Hill Road and the south right-of-way line of
Arvin Hill Road;
Thence westerly along the south right-of-way line of Arvin Hill Road
to a point for corner, said point being the intersection of the south
right-of-way line of Arvin Hi'I Road and the U.0j. Army Corps of
Engineers property line;
Thence northerly along the U.S. Army Corps of Engineers property
line, same being the southerly line of a 3.873 scre tract and
continuing northerly and meandering along the easternmost lines
of interest of the U.S. Army Corps of Engineers made up of the
continuous easternmost line associated Wth all U.S. Army Corps of
Engineers fee title and conservation easement interests, located on
the east side of the Elm Fork of the Trinity River, to a point for
corner, said point lying on the intersection of said easternmost line
of said U.S. Army Corps of Engineers property and being 500 feet
south of and perpendicular to the southerly right-of-way line of F. M.
455;
Thence easterly along a line 500 feet south of and parallel to the
southerly right-of-way line of F.M. 455 approximately 17,000 feet to
a point of terminus, said point lying on the present City of Denton i
extraterritorial jurisdiction arc as established by City of Denton
annexation Ordinance # 89-052.
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Appendix "A" Page 2 of two pages
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MAP SHOWING THE EASTERLY EXTRATERRITORIAL JURISDICT! N BOUNDARY LINE
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Agenda ND. q0 1/~ {
CITY COUNCIL REPORT
Agenda item n n
TO: Mayor and Members of the City Council Date -/P`
FROM: Rick Svehla, Deputy City Manager
DATE: March 18, 1997
SUBJECT: Partial Vacation c! Drainage Easement
Lot f, block A, Northwood Estates Ltd. Subdivision
RECOMM=ATION:
The Development Review Committee recommends approval.
The Planning f Zoning Commission recommends approval.
SUMMARY/11ACKGRO'JND :
Ron Alsup, Alsup Construction, and D. Keith Orsburn, resident and owner 3100 Old
North Road, have requested that the City of Denton vacate a portion of a platted
drainage easement. The attached plat illustrates the tract for proposed
abandonment. The residence was inadvertently constructed over a small portion of
the easement. A survey of the property, prompted by the sale of the new home,
determined the encroachment. IPurther field research indicates that the existing
underground storm water drainage pipe is not located within the area of proposed
abandonment.
The City of Denton Legal Department has stipulated that they would endorse the
abandonment contingent upon the execution of an indemnity document by D. Keith
Orsburn, owner. Mr. Orsburn has executed the document that indemnifies and holds
the City of Denton harmless from damages and has relayed it to the Legal
Department.
City staff has no objection to the abandonment of this small portion of easement
in order to help clear the title on this tract.
PROGRAMS. D&PAR=US. OR GROUPS rrwCTZpi
Engineering i Transportation Department, Utility Department - Drainage Division
FISCAL IMPACT:
None. RE C Y UBMITTED:
Rick Sve la
Deputy City Manager J
Prepared by:
15 ?JJe
Paul Williamson
Technical Assistant, Right-of-Way
b
Approved by:
JQEq Cla k
Di .tor f Engiiaeerinq i Transportation
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PROPOSED
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LOCATION MAP 2 CITY OF DEMM, TEXAS 51-*
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PROPOSED
ABANDONMENT
TRACT
I'261 14.33
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14.29' i
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NO SCALE
° ONE STORY
O BRICK RESIDENCE
a
LOT 4, BLOCK A
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ENIATINO I"ONLRETE I•VE
EXISTINO VARIABLE'EIOTM DRAINAGE EISEMENT ,
I
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City of Denton
® Engineering & Transportation Department
Right-of-Way Division May 16, 1996
3
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P&Z Minutes
May 22, 1996 '
Page 25
Mr. Powell: Second
Nis. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (4-0)
Mr. Cochran: 1 move that we recommend to the City Council that an exaction variance of the channel
lining or pipe requirement be granted as the cost of such improvements would far out weigh any
benefit to the property or any adjacent property.
Mr. Powell: Second.
Nis. Russell: Any discussion? All in favor please raise your hand. Opposed same sign. Approved.
(4-0)
f. Consider the General Development Plan.
g. Consider the preliminary plat.
Mr. Reeves: This is very straight forw2rd, you just granted one variance and recommended the others
to City Council. There is one correction that needs to be made and that is note 6 under General
Development Plan refers to low intensity 27 and 99, that was a mistake on my part because it doesn't
need to have the number and number 99 is wrong. Staff recommends approval. This is still subject
to the exaction variances being granted by the City Council.
Ms. Russell: Are there any questions?
Mr. Powell: 1 move we approve the GWI Addition General Development Plan of 10 acres and the
preliminary plat of 8 acres subject to the correction listed in the staff report and the approval of all
required variances.
Mr. Moreno: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved. (4-0)
X. Consider a partial drainage easement abandonment Lot 4, Block A of the Northwood Estates Ltd. ,
Mr. Salmon: The subject property is in Northwood Estates subdivision near the intersection of Old
North Road and Windsor Drive. The amount of easement that we are talking about is extremely
small. What has happened is that the builder of this home made an incorrect assumption concerning
the easement and inadvertently built the home over a ponion of the easement. We werea little bit
concerned about this at first because the existing storm sewer is very close to the edge of the home.
At first we thought that the house might be over the storm sewer, we did find that the air conditioning
unit was over the storm sewer and we had them relocate that toward the rear of the house. We have
established that the house is not over the storm sewer pipe. In order to clear the tide on this property
for the people who have purchased the home we are recommending that this small portion of the
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P&Z Minutes
May 22, 1996
Page 26
easement be abandoned.
Mr. Cochran: There is no setback from an easement?
Mr. Salmon: No, you can build right up to the edge of the easement.
Mr. Powell: I move that we recommend to the City Council that this we abandon this partial drainage
easement according to the plans that we have here tonight and as directed by staff.
Mr. Cochran: Second.
Ms. Russell: Any discussion? All in favor please raise your right hand. Opposed same sign.
Approved.
XI. Director's Report.
• Impact fees.
Mr. Robbins: You have the backup on impact fees and the Council decided not to have Impact fees.
XII. Future Agenda Items.
• Special meeting, June 5th at 6:30 p.m. CIP public hearing.
Mr. Robbins: You have seen pieces of PD 34. We have received nineteen letters requesting that this
PD be downzoned. 1 am requesting that the Commission agree to have that hearing on those petitions
to downzone this property on June I2th. There will be a lengthy letter in your mail this weekend to
further describe the situation with this zoning.
Ms. Russell: I have gotten two letters also.
Consensus to bear the case.
e Adjourned 9:40 p.m.
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COVENANTS INDEMNIFYING AND HOLDING
THE CITY OF D NTON HARMLESS FROM DAMAGES
THE STATE OF TEXAS §
§ KNONV ALL MEN BY THESE PRESENTS:
COUNTY OF DENTON §
WHEREAS, D, Keith Orsburn desires partial abandonment ofan existing variable width
drainage easement affecting Lot 4, Block A, Northwood Estates Ltd. Addition, an addition to the
City of Denton, recorded in Cabinet L, Page 58 of the Plat Records of Denton County, Texas; and
WHEREAS, the home's foundation as situated on said Lot 4 encroaches said existing
easement;
NOW, TIIEREFORE, in consideration of the City of Denton vacating and extinguishing its
rights within that portion of said existing easement in which the home's foundation encroaches, tat
portion further described in Exhibit A, attached hereto and incorporated herein by reference, D. Keith
Orsbum and each property owner and resident of the property known as Lot 4, Block A, Northwood
Estates Ltd. Addition agree that all the property encompassed by said Lot 4 shall be held subject to
the following covenants
L D Keith Orsburn and each property owner and resident of the property known as Lot 4,
Block A, Northwood Estates Ltd, Addition agree and are bound to fully release, discharge, acquit,
indemnify, hold harmless, and defend, the City of Denton, its elected officials, officers, employees and
agents, from and against all claims (including subrogation claims) and suits for damages, property
damage, losses, and expenses including court costs and attomcys fees, arising out of or resulting from
the existence of the remainder portion of said existing variable width drainage easement and the
drainage facilities within, or any condition or circumstance which may arise in connection with said
easement or any fixtures thereto, unless D. Keith Orsburn or subsequent property owners incur
damages caused by the affirmative action or negligence of the City of Denton, its elected officials,
• officers, employees and agents, where said acts rre outside the boundaries or intended purposes of
the then existing easement on said property.
2. These covenants herein set forth shall run with the land and be binding on the owners, their
successors and assigns and all parties claiming by, through and under them shall be taken to hold,
agree and covenant with the owner and his successors in title, and with each of them, to conform to
• and observe all covenants herein •
3 The owner of Lot 4, Block A, Northwood Estates Ltd Addition hereby agrees and
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recognizes that he is bene&tted by permitting the City of Denton the option to enforce these
covenants in exchange for vacating and extinguishing its rights within that portion of said easement,
upon which the home's foundation encroaches, and that the City of Denton benefits by being able to
vacate and extinguish its rights within that portion of said easement without incurring public expense,
and these facts, in conjunction with those set out in the preamble to this document, constitute
sufficient and valid consideration between the City of Denton and the owner of said Lot 4, Block A,
Northwood Estates Ltd. Addition.
r-
EXECUTEDasofthis dayof~, Ufa ,0 1993
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D. eith Or urn, Owner
Lot 4, Block A
Northwood Estates Ltd. Addition
ACKNOWLEDGMENT
TfIE STATE OF TEXAS §
COUNTY OF I9CNTON §
This instrument was acknowle*d before me on s uCtc4 30 1997 by D.
Keith O,sburn.
' ~ E1JIMESANDERS tbLry1 Nk,suudron t'GLzc~ 4(C iLaJ
Atruma E,~ a~2r.pp Notary 0011c, in and for the State of Texas
My Commission Expires
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iORTNMDO.ORD
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ORDINANCE NO.
AN ORDINANCE PARTIALLY VACATING A CERTAIN DRAINAGE EASEMENT
RECORDED IN THE PLAT RECORDS OF DENTON COUNTY, TEXAS AT CABINET L,
PAGE 58, AS IT PERTAINS TO LOT 4, BLOCK A OF THE NORTHWOOD ESTATES
LIMITED SUBDIVISION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request for the
partial abandonment of a certain drainage easement; and
WHEREAS, the Planning and Zoning Commission of the City of
Denton, Texas reviewed the requested abandonment and recommended
approval; and
WHEREAS, the Council of the City of Denton, Texas has
determined that the drainage easement being partially vacated is no
longer needed for public use; and
WHEREAS, the fair market value of the drainage easement has
been determined and received, as required by section 272.001 of the
Texas Local Government Code and DENTON, TEX., CODE ch. 2 art. IV.
(1991); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the portion of the drainage easement described
in Exhibit A, attached hereto and incorporated herein by reference,
and recorded in Cabinet L, Page 58 of the Plat Records of Denton
County, Texas, ao it pertains to Lot 4, Block A of the Northwood
Estates, Limited subdivision, is permanently vacated and extin-
guished as a public easement, to the extent described in said
exhibit.
SECTION II. That by reason of such vacation the City of
Denton's property interest in the vacated portion of said easement
shall, by operation of law, revert to the owner or owners abutting
the easement herein abandoned, and the City of Denton releases any
and all claims to the use of the vacated portion of said property
• as a public easement.
SECTION III. That this ordinance shall become effective immed-
iately upon its passage and approval.
PASSED AND APPROVED this the day of , 1996.
JACK MILLER, MAYOR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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"EXHIBIT A"
ALL that certain lot, tract or parcel of load lying and being situated in the City and
County of Denton, State of Texas, In the Daniel Culp Survey, Abstract Number 287,
and being part of Lot 4, Block A, of Northwood Estates Ltd., an addition to the City
of Denton, recorded In Cabinet L, Page 58, of the Plat Records of Denton County,
Texas and also being part of a tract conveyed to Alsup Construction by deed
recorded as 95-R0017501 In the Real Property Records of Denton County, Texas and
also being part of a variable width drainage easement as shown on sold Northwood
Estates Ltd. Plat and being more particularly described as follows:
COMMENCING at the southwest corner of said Lot 4, same being a point on the
east right-of-way line of Old North Road;
THENCE North 00° 36'02" East along the west line of said Lot 4 and the east right-
of-way line of Old North Road a distance of 25 feet to a point for corner, said point
being the northwest corner of said variable width drainage asemeat;
THENCE South 840 26' 32" East along the oorth line of said variable width drainage
easement (called South 83° 38' 48" East on said plat) it distance of 37.92 feet to the
POINT OF BEGINNING, said point lying on the west face of the foundation of the
residence;
THENCE %utb 000 31' 31" West along the west face of said residence a distance of
1.26 feet to a point for corner, sold point being the most southerly southwest exterior
foundation corner of sold residence;
i
THENCE South 89° 28'29" East along the south face of sold residence a distance of
14.29 feet to a point for corner, said point lying on the north line of said variable
width drainage easement;
THENCE North 84° 26132" West (called North 830 38'48" West on said plat) along
• the north line of said variable width drainage easement a distance of 14.33 feet to the
POINT OF BEGINNING and containing 9 square feet of land i
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CITY COUNCIL REPORT Aaesda No._. - p
Agenda Item
TO: Mayor and members of the City Council Date
FROM: Rick Svehla, Deputy City Manager
DATE: February 26, 1997
SUBJECT: Property Acquisition - 1301 Myrtle (Richard A. Baria)
RECOMMENDATION:
Approve ordinance authorizing the City Manager to execute a real estate contract
for the purchase of approximately 1.562 acres; authorizing the expenditure of
funds; and declaring an effective date.
SUhP7ARY:
The Planning and Zoning Commission at their February 12th, 1997 meeting
considered this and is making a positive recommendation to the Council for this
acquisition.
BACKGROUND:
The City of Denton Municipal Utilities currently owns and operates an electrical
substation immediately south of the proposed property acquisition. The addition
of the University of North Texas Performance Hall, an apartment complex to be
constructed at the southeast corner of Bernard and Collins (with 200 units), and
the new middle school on Londonderry will add a 4 megawatts load to the current
system and approximately 1.5 to 2 megawatts will be added due to other new
construction.
The acquisition of the adjacent 1.6 acres will allow the current substation to
be expanded and meet tt.e additional needs.
PROGRAMS, DSPARTMSNTa OR GROUPS AFFECTED:
The City of Denton Electric Division will handle the expansion; the electric
customers will be provided with adequate and reliable service.
FISCAL IMPACT:
The initial cost of the electric substation expansion; the cost associated with
the existing structure (sell, disposal, etc)
Please advise if I can provide additional information. ;
RE£PFCTFULLY SUBMITTED:
• Pre a~d R.'ck ve a, -Deputy City Manager
Y
Roger Wilkinson r'
Supervisor of Engineering Techs
Right-of-Way
AEED083A
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CITY of DENTON, TEXAS MUNICIPAL BULL DING 215 E MCKINNEY # DENTON, TEXAS 76201
(817) 566.8200 a DFW METRO 434.2528
MEMORANDUM
DATE: March 14, 1997
TO: Ted Benavides, City Manager
FROM: Jane Jenkins, Historic Preservation Officer
SUBJECT: Land Purchase - 1301 Myrtle Street
In order to meet the requirement to expand the South Locust Street
electrical substation, the City of Denton Municipal Electric
Utility proposes to purchase a 1,562 acre tract located adjacent to
the substation at 1301 Myrtle. The tract includes a three story
house built circa 1990 by the Bayless family. It is more well
known as the Selby Mansion. The Queen Anne style house is listed
as a high priority in the Denton Cultural Resources Inventory. As
the utility has no immediate need for the structure, the historic
preservation office is currently investigating methods to preserve
this important piece of Denton architecture by relocating it.
We are in the proces3 of trying to gather information from cities
who have been involved in similar projects. Although no definite
methodology has been established, it is our plan to issue a request
for proposal (RFP) to relocate and rehabilitate the house.
Applicants could be individuals or non-profit organizations.
Criteria for selection could include: the proposed use for the
structure, the quality of the proposed relocation site, attention
to architectural preservation, and the demonstrated ability to
secure the funding or financing to complete the project, i
• Denton Municipal Electric Utilities and the historic [
preservation
office are open to suggestions from the Conncil.
J e Jenk s, istoric ?reservation Officer
J i
M1BBQGSDE
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"Dedicated to Quality Service"
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MINIrms
PLANNING AND BONING CO',%E%IISSION
February 12, 1947
Regular meeting of the Planning and Zoning Commission of the City of Denton, Texas was held on
Wednesday, February 12, 1997, and began at 5:00 p.m, in the City Council Chambers, 215 E. McKinney.
Present: Mike Cochran, Guy Jones, Ellen Schertz, and Barbara Russell.
Absent: Carol Ann Ganzer, Rudy Moreno, Bob Powell.
Present from Staff: Rick Svehla, Deputy City Manager; Mike Bucek, Assistant City Attorney; Harry
Persaud, Senior Planner; Donna Bateman, Senior Planning Tech.; Walter Reeves, Urban
Planner; David Salmon, Engineering Administrator; Robbie Baughman, Assistant Building
Official; Chris Rodriguez, Secretary.
Meeting called to order at 5:09 p.m.
NOTE: Any item listed on the Agenda for the Closed Meeting may also be considered as part of the
Agenda for the Regular Meeting.
Closed Meeting:
A. Real Estate - Under TEX. GOVT CODE Section 551.072.
1. Discuss acquisition of land known as 1301 Myrtle Street by the City Utility Department -
Electric Production Division.
B. Legal Matters - Under TEX. GOV'T CODE Section 551.071.
1. Receive attorney-client privileged legal advice on legality of provisions within the proposed
ordinance rewriting of the Zoning Chapter of the City Code relating to appropriate zoning
district classifications within which parochial schools should be located and the specific use
permit process.
t Reconvene into Regular Meeting at 6:10 p.m.
i
Ms. Russell: 1 had some calls regarding the plat and variances for Denton Country Club Estates.
I just received a letter concerning Denton Country Club Estates and they are requesting that this
item be postponed and rescheduled for our next meeting on February 26th.
6 I. Consider making a recommendation to the City Council concerning the acquisition of land known • 0
as 1301 Myrtle Street by the City Utility Department - Electric Production Division.
t
Mr. Cochran: I move that we recommend to the City Council that they purchase 1301 Myrtle
Street through the City of Denton Utility Department.
Ms. Schertz: Second.
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P&'L Minutes
February 12, 1997
Page 2
Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (4-0)
11. Consider approval of the minutes of the January 22, 1997 meeting.
Ms. Russell: Are there any corrections to the minutes? If there are no corrections then the minutes
will stand as presented.
lll. Consent Agenda:
The following item is recommended by die staff and approval thereof will be strictly on the basis
of staff re:c.runendation. Approval of the consent agenda authorizes the staff to proceed with each
item in accordance with the staff recommendation,
a. Consider the preliminary plat of Lots 1A and 1B, Block A, and Lot IA, Block A, of the final
plat of the Rex Addition. The 1.3226 acre tract is located on the north side of Colorado
Boulevard, east of San Jacinto Boulevard.
b. Consider the amending plat of Deerwood Phase 111. The subject property consists of 12.905
acres, is in the Single Family-7 (SF-7) zoning district, and is located northwest of the
intersection of Kings Row and Farris.
Ms. Russell: Do we have a motion to suspend the rules in reading the consent agenda?
Mr. Jones: I move we suspend the rules.
Ms. Schertz: Second.
Ms. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (4-0)
Mr. Cochran: I move approval of the consent agenda.
Nis. Jones: Second.
Nis. Russell: All in favor please raise your right hand. Opposed same sign. Approved. (4-0)
• N. Hold a public hearing and consider rezoning 23.9 acres from Planned Development-1 (PD-1) to the
General Retail (GR) zoning district. The subject property is located on the north side of University
Drive (US 380), approximately 1,100 feet east of Bonnie Brae. (Z-95-025)
i
Ms. Russell read the rules of procedure for the public hearing and opened the public hearing.
® Mr. Reeves: This case was initiated by the Commission back In November of 1995 to consider ` •
J rezoning Planned Development 1 to a General Retail conditioned zoning district. The case was on
the agenda and at the November 8th, 1995 meeting the staff requested that it be postponed because
some of the conditions involved standards that were proposed in the MXD zoning district. In the t
interim that particular district no longer exists in the new ordinance, nor do the bufferyard standards
that were an important component of the conditions that the staff had recommended at that
particular time. The case has remained idle until late last year when International Business School
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10
Tt\WPDOCS\ORD\R"IA.ORD
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A REAL ESTATE
CONTRACT WITH RICHARD A. BARIA AND JO AN BARIA, FOR THE PURCHASE OF
APPROXIMATELY 1.562 ACRE TRACT OF LAND KNOWN AS 1301 MYRTLE,
DENTON, DENTON COUNTY, TEXAS FOR FUTURE EXPANSION OF THE CITY OF
DENTON ELECTRIC LOCUST SUBSTATI0;1; AUTHORIZING THE EXPENDITURE OF
FUNDS THEREFORE; AND DECLARING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That the City Manager is hereby authorized to
execute a Real Estate Contract with Richard A. Baria and Jo An
Baria for the purchase of approximately 1.562 acre of land known as
1301 Myrtle, Denton, Denton, County, Texas for the future expansion
of the City of Denton Electric Locust Substation, a copy of which
is attached hereto and incorporated by reference herein.
SECTION II. That the City Council hereby authorizes the expen-
diture of funds in the manner and amount as specified in the
agreement.
SECTION III. That this ordinance shall become effective imme-
diately upon its pA ssage and approval.
PASSED AND APPROVED this the _ day of , 19
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
•
BY.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY V44"
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REAL ESTATE CONTRACT
STATE OF TEXAS
COUNTY OF DENTON
THIS CONTRACT OF SALE is made by and between Richard A. Baria
and wife Jo An Baria (hereinafter referred to as "Seller") and CITY
OF DENTON, TEXAS, a home rule municipality, of Denton, Denton
County, Texas, (hereinafter referred to a3 "Purchaser"), upon the
terms and conditions set forth herein.
PURCHASE AND SALE
Seller hereby sells and agrees to convey, and Purchaser hereby
purchases and agrees to pay for, the tract of land known as 1301
Myrtle, Denton, Denton County, Texas, being more particularly
described in Exhibit A attached hereto and incorporated herein by
reference for all purposes together with all and singular the
rights and appurtenances pertaining to the property, including any
right, title and interest of Seller in and to adjacent streets,
alleys or rights-of-way (all of such real property, rights, and
appurtenances being hereinafter referred to as the "Property"),
together with any improvements, fixtures, and personal property
situated on and attached to the Property, for the consideration and
upon and subject to the terms, provisions, and conditions
hereinafter set forth.
PURCHASE PRICE
Amount of Purchase price. The purchase price for the
Property shall be the sum of $40,000.00.
2. Payment of Purchase Primp. The full amount of the purchase
price, minus any escrow, shall be payable in cash at the closing.
PURCHASER'S OBLIGATIONS
• The obligations of Purchaser hereunder to consummate the trans-
actions contemplated hereby are subject to the satisfaction of each
of the following conditions any of which may be waived in whole or
in part by Purchaser at or prior to the closing.
1. Preliminary Title Report. Within twenty (20) days after
the date hereof, Seller, at Seller's sole cost and expense, shah
• have caused the Title Company (hereinafter defined) to issue a pre- O O
liminary title report (the "Title Report") accompanied by copies of
all recorded documents relating to easements, rights-of-way, etc.,
affecting the Property. Purchaser shall give Seller written notice
on or before the expiration of ten (10) days after Purchaser re-
ceives the Title Report that the condition of title as set forth in
the title binder is or is not satisfactory, and in the event Pur-
chaser states the condition is not satisfactory, Seller shall, at
Seller's option, promptly undertake to eliminate or modify all
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unacceptable matters to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, this Agreement shall thereupon be null
and void for all purposes and the Escrow Deposit shall be forthwith
returned by the Title Company to Purchaser; otherwise, this con-
dition shall be deemed to be acceptable and any objection thereto
shall be deemed to have }-een waived for all purposes.
2. urv Purchaser may, at Purchaser's sole cost and
expense, obtain a current survey of the Property, prepared by a
duly licensed Texas land surveyor acceptable to Purchaser. The
survey shall be staked on the ground, and shall show the location
of all improvements, highways, streets, roads, railroads, rivers,
creeks, or other water courses, fences, easements, and rights-of-
way on or adjacent to the Property, if any, and shall contain the
surveyor's certification that there are no encroachments on the
Property and shall set forth the number of total acres comprising
the Property, together with a metes and bounds description thereof.
Purchaser will have ten (10) days after receipt of the survey
to review and approve the survey. In the event the survey is
unacceptable, then Purchaser shall within the ten (10) day period,
give Seller written notice of this fact. Seller shall, at Seller's
option, promptly undertake to eliminate or modify the unacceptable
portions of the survey to the reasonable satisfaction of Purchaser.
In the event Seller is unable to do so within ten (10) days after
receipt of written notice, Purchaser may terminate this Agreement,
and the Agreement shall thereupon be null and void for all purposes
and the Escrow Deposit shall be returned by the Title Company to
Purchaser. Purchaser's failure to give Seller this written notice
shall be deemed to be Purchaser's acceptance of the survey.
3. Seller's Compliance. Seller shall have performed, ob-
served, and complied with all of the covenants, agreements, and
conditions required by this Agreement to be performed, observed,
and complied with by Seller prior to or as of the closing.
i
• REPRESENTATIONS AND WARRANTIES OF SELLER
i
Seller hereby represents and warrants to Purchaser as follows,
which representations and warranties shall be deemed made by Seller
to Purchaser also as of the closing date:
1. There are no parties in possession of any portion of the
• Property as lessees, tenants at sufferance, or trespassers. •
2. Except for the prior actions of Purchaser, there is no
pending or threatened condemnation or similar proceeding or asses-
sment affecting the Property, or any part thereof, nor to the best
knowledge and belief of Seller is any such proceeding or assessment
contemplated by any governmental authority.
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3. Seller has complied with all applicable laws, ordinances,
regulations, statutes, rules and restrictions relating to the
Property, or any part thereof.
4. To the best of the seller's knowledge, there are no toxic
or hazardous wastes or materials on or within the Property. Such
toxic or hazardous wastes or materials include, bnt are not limited
to, hazardous materials or wastes as same are defined by the
Resource Conservation and Recovery Act (RCRA), as amended, and the
Comprehensive Environmental Response Compensation and Liability Act
(CERCLA), as amended.
CLOSING
The closing shall be held at the office of Dentex Title
Company on or before May 1. 1997, or at such title company, time,
date, and place as Seller and Purchaser may mutually agree upon
(which date is herein referred to as the "closing date").
CLOSING REQUIREMENTS
1. $eiler's Reauirements. At the closing Seller shall:
A. Deliver to Purchaser a duly executed and acknowledged
General Warranty Deed conveying good and marketable title
in fee simple to all of the Property, free and clear of any
and all liens, encumbrances, conditions, easements, assess-
ments, and restrictions, except for the following:
1. General real estate taxes for the year
of closing and subsequent years not yet
due and payable;
2. Any exceptions approved by Purchaser
pursuant to Purchaser's Obliaatione here-
of; and
• 3. Any exceptions approved by Purchaser
in writing.
B. Deliver to Purchaser a Texas Owner's Title Policy at
Seller's sole expense, issued by Dentex Title company, (the
"Title Company"), or such title company as Seller and
Purchaser may mutually agree upon, in Purchaser's favor in _
® the full amount of the purchase price, insuring Purchaser's •
fee simple title to the Property subject only to those
title exceptions listed in Closing. Reguirements hereof,
such other exceptions as may be approved in writing by
Purchaser, and the standard printed exceptions contained in
the usual form of Texas Owner's Title Policy, provided,
however:
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I. The boundary and survey exceptions
shall be deleted if required by Purchaser
and if so required, the costs associated
with same shall be borne by Seller;
2. The exception as to restrictive cove-
nants shall be endorsed "None of Record";
3. The exception for taxes shall be
limited to the year of closing and shall
be endorsed "Not Yet Due and Payable"; and
4. The exception as to liens encumbering
the Property shall be endorsed "None of
Record".
C. Deliver to Purchaser possession of the Property on the
day of closing.
2. Purchaser's Requirement. Purchaser shall pay the pay the
consideration as referenced in the "Purchase Price" section of this
contract at Closing in immediately available funds.
3. Closing Costa. Seller shall pay all taxes assessed by any
tax jurisdiction through the date of Closing.
All other costs and expenses of closing in consummating the
sale and purchase of the Property not specifically allocated herein
shall be equally shared by Purchaser and Seller.
REAL ESTATE COMMISSION
Any real estate commissions occasioned by the consummation of
• this Agreement shall be the sole responsibility of Seller, and
Seller agrees to indemnify and hold harmless Purchaser from any and
all claims for these commissions.
BREACH BY SELLER
In the event Seller shall fail to fully and timely perform any _
® of its obligations hereunder or shall fail to consummate the sale •
of the Property except Purchaser's default, Purchaser may either
enforce specific performance of this Agreement or terminate this
Agreement.
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BREACH BY PURCHASER
In the event Purchaser should fail to consummate the purchase
of the Property, the conditions to Purchaser's obligations set
forth in PURCHASER'S OBLIGATIONS having been satisfied and
Purchaser being in default Seller may either enforce specific
performance of this Agreement:, or terminate this Agreement.
MISCELLANEOUS
1. Assignment of ]agreement. This Agreement may noL be
assigned by Purchaser without the express written consent of
Seller.
2. Survival of Covenants. Any of the representations, war-
ranties, covenants, and agreements of the parties, as well as
any rights and benefits of the parties, pertaining to a period of
time following the closing of the transactions contemplated hereby
shall survive the closing and shall not be merged therein.
3. Notice. Any notice required or permitted to be delivered
hereunder shall be deemed received when sent by United States mail,
postage prepaid, certified mail, return receipt requested, addres-
sed to Seller or Purchaser, as the case may be, at the address set
forth beneath the signature of the party.
i 4. Texas Law to Apply. This Agreement shall be construed
under and in accordance with the laws of the State of Texas, and
all obligations of the parties created hereunder are performable in
Denton County, Texas.
5. Parties Bound. This Agreement shall be binding upon and
inure to the benefit of the parties and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this Agreement.
6. Legal Construction. In case any one or more of the pro-
visions contained in this Agreement shall for any reason be held to
be invalid, illegal, or unenforceable in any respect, said in-
validity, illegality, or unenforceability shall not affect any -
other provision hereof, and this Agreement shall be construed as if
the invalid, illegal, or unenforceable provision had never been
contained herein.
A 7. Prior Agreement§ Surerseded. This Agreement constitutes •
- the sole and only agreement of the parties and supersedes any prior
understandings or written or oral agreements between the parties
respecting the within subject matter.
8. Time of Essence. Time is of the essence in this Agreement.
PAGE 5
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9. Gender, Words of any gender used in this Agreement shall
be held and construed to include any other gender, and words in the
singular number shall be held to include the plural, and vice
versa, unless the context requires otherwise.
10. Memorandum of Contract. Upon request of either party,
both parties shall promptly !xecute a memorandum of this Agreement
suitable for filing of record.
11. Compliance. In accordance with the requirements of the
Texas Real Estate License Act, Purchaser is hereby advised that it
should be furnished with or obtain a policy of title insurance or
Purchaser should have the abstract covering the Property examined
by an attorney of Purchaser's own selection.
12. Time Limit. In the event a fully executed copy of this
Agreement has not been returned to Seller within thirty (30) days
after Seller executes this Agreement and delivers same to
Purchaser, Seller shall have the right to terminate this Agreement
upon written notice to Purchaser.
DATED this day of Jnurlrl.l 1997.
SELLER PURCHASER
THE CITY OF DENTON, TEXAS
By: By:
Richar A. 13aria Ted Benavides
City Manager
215 E. McKinney
Denton, Texas 76201
An Baria
• APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY `
BY, /I!' i G,
• • •
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STATE OF TEXAS
COUNTY OF DENTON
This instrument was acknowledged before me on this 1541 day
of ~~LLTYIaYll 1997 by Richard A. Baria.
rF I~IEHIY ANN HAMCK
ft"Mkla 14 Tr ~JL~.L 0 , r p 1
Mr0w~6~ji#7000 Nota Publi in and for Texas
ff IO MIMY ANN N41M
MrgIIW W~fTyr
STATE OF TEXAS NY~AF11#200G
COUNTY OF DENTON
T e instrument was acknowledged before me on this j511 day
of Q 1997 by Jo An Baria.
c A1BdLY ANN N~NCOCK
aierriUWAdTom Q•
• srtwaErttt#7000 Notary Public n and for Texas
STATE OF TEXAS
COUNTY OF DENTON
This instrument is acknowledged before me, on this day
of , 1997 by Ted Benavides City Manager, of the
City of Denton, a municipal corporation, known to me to be the
person and officer whose name is subscribed to the foregoing
instrument and acknowledged to me that the same was the act of the
said City of Denton, Texas, a municipal corporation, that he was
duly authorised to perform the same by appropriate ordinance of the
City Council of the City of Denton and that he executed the same as
the act of the said City for purposes and consideration therein
expressed, and in the capacity therein stated.
•
Notary Public in and for Texas
,
AEE007FF
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EXHIBIT "A"
TRACT ONE:
All that certain p:714 sera tract or parcel of land situated In the A. 11"
'Sam; ABSTRACT {O0n 612, 006ton County, ?*Ross amid tract being a pert of a
called 1.962 iets Tract shown by [teed to Alehard A. Saris and recorded to Volume
999, page 974 of the Dead R+cords of Denton County, Texas, and being more
particularly described a follower
Br INNING, for the NWtbwaat corner of the tract being described herein at a
(once corner post to the zest right of way of Myrtle Btrset)
TarNCZ North 19 doorman U' 41' task along and witb a face a distance or 199.92
feet to an iron pin o".0 the 9roandr
TarNCI Month 00 4"re" 11' OM• West a dletance of 701.09 feet to an Iron pin
sot in the ground in a fen" Sher
789NCE North 1S degrees 90' 20" West with sold fence 4 distance of 197.42 feet
to a fence corner post is said zest right of way of Myrtle strettr
TNCNC9 North along said right of way a distance of 200.41 feet to the POINT Of
ItUMMINO.
TRACT TwOi'
A11 that certain 0.774 sere tract or portal of land situated in the A. AM
SVRVLT, ABSTRACT MM U 121, Denton County, Texas, said tract being a part of a
941194 1.942 acts tract shown by Dead to Richard A. Marta and recorded In Voluas
999, page 974 of the oeW Meocda Of Denton County, Texas, and being sore
particularly ascribed as follower
MLOIM.r1NC, for the Mrthwest oornor of the tract being described herein at an
Iron pin amt to the ground in a taes line at a point North 19 degrees 12' 41t
test 199.91 feet and MOmtb 0 degrees 21' 04' most 102.24 test from the Northwoct
• corner of said Satin treat.
TMCNCI North It degrees 01' 12" Mast a distance of 111.57 tact to an lrcn pin
rot In the 990"': in the Northwest right of way of ldwat Strati
TNt"Ct South 22 degrees 21' 210 West along gold tight of way a distance at
111.80 toot t0 a fan" corner pooh
TM(MC9 North 19 degree, 90' 29" Most with a ton" a dtetonce of 119.99 fat to
• sn iron pin ant in the ground, •
ThdMua Borth 0 degrees 11' 04' toot a distance of 99.11 feet to the POINT or
NeGIMMINO.
Page 1 of 2
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EXHIBIT OAR CONTINUED
TRACT THREE:
All that cortaar 0.471 asrs tract or parnl of land situated in the A. RILL
MVlTt NeTIAC! OUPoM 611, Denton County, Tassel Sold tract being a part of a
called 1.111 acre !tent Nrmnt by Dead to Richard A. Batts and recorded Is Volume
191, ppo 174 Of the Sold Macords of Denton County, Tessa, and being more
particularly described w follows
&WINNING, for the Notthratt career of the traa being described herein at an
lion plot at at a polar Norte A degrees 119,490 Sass 190.11 rest rro+ the
Sorthwet cores( of sold Marls Craft-lo as Bast-Nest tone lines
Te9N::1 North 19 degrees 11' 44" Bart trlth 9410 tenon A distance of )1).11 fact
to 4 (once cormes pat in the Nectbeeet right of ray of Locust Waists
1
111NC2 South 11 degrees 13' 112 Mast eto" said tight of ray a distance of
111.10 feet tow lrom pin at to the grounds
TICKS South IS degrees 021 110 Mast a distance of 101:17 tat to'sa iron pin
sot to the grounds
Tonne worth 00 degrees 11' 06' "at a distance of 103.14 feet to the POINT or
HUMMING.
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Agenda No
Agenda ilem_ -117
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Michael Jez, Executive Director • Operations
DATE: March 6, 1997
SUBJECT: Amendment to Alarm Ordinance
RFMILVIENDAT/ON: That Section 4,31 of the Code of Ordinances of the City of
Denton be amended to read as follows:
The duration of a permit required by this Article is perpetual, or until the
permit is revoked or otherwise terminated in accordance with the terms
and conditions of this Chapter.
SUALtfARY.• The current ordinance requires an annual renewal of alarm permits. This
process serves no real purpose, since permit holders are not required to pay a fee and their
new permits are basically the same as their old ones.
BACKGROUND: In 1988 an ordinance was passed that required individuals and
businesses to have alarm permits for their alarm systems These permits are currently valid
for a period of one year, at which time the pernut holder must renew and obtain a new
permit sticker.
PROGRAMS, DEPARTAfF.NTSORGROUPSAFFECTED: Paperwork load for
• personnel in the Records Section of the Police Department would decrease. In addition,
this change would be more convenient for permit holders who would no longer be
required to renew their permits. r
1"MAL IMPACT} The reduction in paperwork would decrease the number of hours
® employees must spend processing alarm permits. In addition, the change would save •
approximately $800 per year for permit sticker costs and $100 per year for postage
associated with alarm renewals.
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City Council Report
Page 2
Please advise if I can provide additional information.
RESPECTFULLY SUBMITTED:
~ f
ch I !ez
Executive Dir for of O( rations
Prepared by:
,ZLA"
Sandra Baffle-
Records Supervisor
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Attachment:
1
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l • ya ~ PFs ~ ,
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1: \MPOOCS\MMA:ARM. Wr
ORDINANCE NO.
t
AN ORDINANCE OF THE CITY OF DENTON, TEXAS AMENDING SECTION 4-31 OF
THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS FOR THE PUP,POSE
OF RFVISING TH3 DURATION OF AN ALARM PERMIT; AND PROVIDING FOR AN
EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. That section 4-31 of the Code of Ordinances of the
City of Denton is hereby amended to read as follows:
Sec. 4-31. Duration
The duration of a permit regk-fired by this article is
perpetual, or until the permit is revoked or otherwise
terminated in accordance with the terms and conditions of this
Chapter.
SECTION 11. That save and except as amended hereby all the
remaining sections, sentences, and paragraphs of Chapter 4 of the
Code of Ordinances of the City of Denton shall remain in full force
and effect.
SECTION III.. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
ATTEST: I.
• JENNIFER WALTERS, CITY SECRETARY
I
BY:
APPROVED AS TO LEGAL FORM: • •
HERBERT L. PROUTY, CITY ATTORNEY
BY: L4al
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Agenda No. q'011
Agenda Item o2&
Date
CITY COUNCIL REPORT
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
DATE: MARCH 18, 1997
SUBJECT: APPROVAL OF A DAILY SERVICES CONTRACT BETWEEN RESOURCE
MANAGEMENT INTERNATIONAL, INC. AND THE CITY OF DENTON FOR
CONSULTING SERVICES
RECOMMENDATION:
The Public Utilities Board recommended approval in their meeting of February 17, 1997,
of a Daily Services Contract between Resource Management International (RMI) and the
City of Denton (City) for consulting services pertaining to electric restructuring.
SUMMARY:
Deregulation has become a time-consumptive - and staff-draining - proposition. The Public
Utilities Commission (PUC) schedule alone is overwhelming. There are many times when
the City does not have sufficient staff to cover PUG events, such as attending a workshop,
where our participation is crucial. The PUG also often asks for complicated financial
analyses. These analyses many times require expensive software, extensive staff time,
and a quick response. In addition to PUC-related requirements, staff is trying to complete
internal analytical evaluations - such as developing forecasts using different deregulation
scenarios - to better establish the utilitys position in the current and future electric industry
market. Though the Electric Utility staff generally meets most of these demands, even with
• existing consulting contracts, ;daff is not able to sufficiently cover the deregulation front in
addition to their other job duties.
The Public Utilities Board recommends instituting a Daily Services Contract with RMI to
cover those responsibilities which cannot always be met by staff. This would allow the City
to contact RMI on short notice for coverage of meetings, quick analysis work, and other
• deregulation-related issues.
•
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PROGRAWDEPARTMENT OR GROUPS AFFECTED:
The Electric Utility and its ratepayers, the City, and the Citizens of Denton.
FISCAL IMPACT:
This services contract Wli be limited to $1,000 per day, not to exceed $25,000 in total
RESPECTFULLY SUBMITTED,
R.E. Nelson,
Executive DirecV r of Utlliues
Prepared by:
Jull , mfth,
Eqronmenta . mptiance Manager
Attachments:
Proposed Ordinance
Proposed Daity Services Contract
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~0.'AUw'Or f+"~"+H+1►
mag"
•
~ ~ uroocs~ao va iou:r.aae
ORDINANCE N0.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT (FOR DAILY SERVICES) WITH RESOURCE MANAGEMENT
INTERNATIONAL ("RHI") PROVIDING FOR CONSULTING SERVICES RELATED TO
ELECTRIC RESTRUCTURING; AUTHORIZING THE EXPENDITURE OF FUNDS
THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorized to
execute a professional services agreement providing for daily
services for consulting services related to electric restructuring
with Resource Management International ("RHI"), a copy of which
agreement is attached hereto and incorporated herein.
SECTION 11, That the expenditure of funds as provided in the
attached agreement is hereby authorized.
SECTION III, That this ordinance shall become effective
iimediately upon its passage and approval.
PASSED AND APPROVED this the _ day of , 1997.
JACK MILLER, MAYOR
ATTEST: ,
JENNIFER WALTERS, CITY SECRETARY
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BY.
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY.
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STATE OF TEXAS 5
COUNTY OF DENTON 5
PROFESSIONAL SERVICES AGRSRN3W
THIS AGREEMENT is entered into this day of
1997 by and between Resource Management
Intelrnatlonal, Inc. ("RMI"), a California corporation, and the City
of Denton, Texas ("City"), a Texas municipal corporation with its
principal office at 215 East McKinney Street, Denton, Texas, 76201,
for professional and related service to be provided to City, both
parties acting by and through their duly authorized representa-
tives.
I
SCOPE OF SERVICES
RMI shall provide to City professional consulting services
pertaining to electric utility restructuring. RMI and the City
agree that, because of the unpredictability and urgency of Public
Utility Commission ("PUC") and Texas legislative events impacting
upon the City's electric utility requiring immediate attention by
City staff, RMI shall provide such professional services and
technical support, upon City's request, which shall relate to PUC
and Texas legislative activities relating to electric restructuring
as well as other issues evolving therefrom and related thereto,
including without limitation, power marketing issues, stranded cost
issues, pricing issues, and TMPA issues.
II
FEES FOR SERVICES
For services provided by RMi to City pursuant to this Agree-
ment, City shall pay RMI in accordance with the rates and charges
set forth in Exhibit A, "Fees for Services", attached hereto and
made a part of this Agreement for all purposes, provided however
• such charges and rates shall not exceed $1,000 per day, and in the
aggregate, shall not exceed $25,000, unless the City agrees by an
amendment to this Agreement to increase the maximum fee for 1
services.
III
BILLING AND PAYMENT
e RMI shall submit a monthly statement to City setting forth the ® •
amount due for services and itemizing amounts due for expenses.
City shall pay the full amount of such statement within thirty (30)
days after receipt. Any sums billed, not disputed in written form
setting forth specific exceptions and unpaid after thirty (30) days
from the date of receipt, shall be subject to a late payment charge
equal to the lesser of one and one-half (1-1/2) percent or the
Y
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maximum rate permitted by law, for each month or fraction thereof
past due. Nothing contained in this article shall require the City
to pay for any work which is unsatisfactory as reasonably deter-
mined by the Executive Director of Utilities for the City or which
is not submitted in compliance with the terms of this contract.
Nor shall any late charge apply to any such unsatisfactory or
disputed work. The City shall not be required to make any payments
to RMI when RMI is in default under this Agreement.
IV
INDEPENDENT CONTRACTOR
RMI shall provide services to City as an independent contrac-
tor, not as an employee of City. RMI shall not have or claim any
right arising from employee status. RMI agrees to perform the
services hereunder in connection with the project as stated in the
sections to follow with diligence and in accordance with the
highest professional standards obtained for such services in the
State , f Texas.
V
TERM AND TERMINATION OF AGREEMENT
(a) Unless otherwise terminated as provided herein, this
Agreement shall become effective upon execution by the parties and
shall terminate when (i) the services provided for herein have been
fully and completely performed or (ii) December 31, 1998, whichever
occurs first. This Agreement may be sooner terminated in accor-
dance with the provisions hereof. Time is of the essence in this
Agreement. RMI will make all reasonable efforts to complete the
services set forth herein as expeditiously as possible to meet the
schedule established by the City.
(b) Notwithstanding any other provision of this Agreement,
either party may terminate this Agreement by giving thirty (30)
days advance written notice to the other party.
(c) This Agreement may be terminated in whole or in part in the
event of either party substantially failing to fulfill its
obligations under the Agreement. No such termination will be
affected, unless the breaching party is given (1) written notice,
delivered by certified mail, return receipt requested, of intent to
terminate, and not less than thirty (30) calendar days to cure the
failure, and (2) an opportunity for consultation with the terminat-
ing party prior to termination.
• (d) If the Agreement is terminated prior to completion of the 0
services to be provided hereunder, RMI shall immediately cease all
services and shall render a final bill for services to City within
t.iirty (30) days after the date of termination, and City shall pay
RMI for all services properly rendered and reimbursable expenses to
Professional Services Agreement - Page a
5
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termination incurred prior to the date of termination in accordance
with Section III. Should the City subsequently contract with a new
consultant for continuation of services on the project, RMr shall
cooperate in providing information. All documents prepared or
furnished by RMI pursuant to this Agreement shall become the
property of owner, but RMI may maintain copies of such documents
for its use.
VI
INSURANCE
(a) RMI shall maintain in effect at its own expense, employer's
liability insurance, one million dollars ($1,000,000) aggregate of
comprehensive general liability insurance (bodily injury and
property damage), five hundred thousand dollars ($500,000)
aggregate of comprehensive automobile liability insurance (bodily
injury and property damage) with respect to employees and vehicles
assigned to the prosecution of work under this Agreement, and one
million dollars ($1,000,000) aggregate of professional liability
insurance. RMI shall also maintain statutory worker's compensation
insurance,
(b) RMr shall obtain and thereafter maintain in effect, if
available, such additional insurance as may be requested in writing
by City, the cost of which will be reimbursed by city.
(c) RM1 shall furnish insurance certificates to evidence such
coverages to City. The City shall be named as an additional
insured on such policies. The certificates shall contain a
provision that such insurance shall not be canceled or modified
without thirty (30) days prior written notice to City.
VII
LIABILITY
(a) RMI shall indemnify and hold harmless City, its directors,
officers, partners, agents, and employees from and against any and
all liability, claims, demands, damages, losses, and expenses,
including but not limited to attorney's fees, for which RMI is
determined to be legally liable resulting from negligent acts,
errors, or omissions by P.MI, its directors, officers, agents and
employees in performance of services required by this Agreement.
Liability, claims, demands, damages, losses, or expenses resulting
from the negligent acts, errors or omissions, whether active or j
passive, by City, its directors, officers, partners, agents,
0 employees, are excluded from RMI's obligations pursuant to this
paragraph.
J •
(b) RMI's obligations to indemnify and hold City harmless shall
be expressly limited to the proceeds of its applicable insurance
coverage.
PrefePtional sea ices Agreement - Page a
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(c) In the event that City changes in any way or uses in
another project or for other purposes any of the information or
materials developed by RMI pursuant to this Agreement, RMI is
released from any and all liability relating to their use in that
project and to the extent allowed by law, City shall i^_demnify and
hold harmless RMI, its directors, officers, agents, and employees
from and against any and all liability, claims, demands, damages,
losses, and expenses, including but not limited to attorney's fees,
arising out of such changes or use.
(d) Nothing in this Agreement shall be construed to create a
duty to, any standard of care with reference to , or any liability
to any person not a party to this Agreement.
VIII
SUCCESSORS IN INTEREST
This Agreement shall be binding on, and inure to the benefit
of, each party's successors in interest, including their heirs,
legatees, assignees, and legal representatives.
IX
WAIVER
Any waiver at any time by either party of its rights with
respect to a default under this Agreement, or with respect to any
other matters arising in connection with this Agreement, shall not
be deemed a waiver with respect to any subsequent default or other
matter.
X
SEVERAL OBLIGATIONS
Except where specifically stated in this Agreement to be
otherwise, the duties, obligations, and liabilities of the parties
are intended to be several and not joint or collective. Nothing
contained in this Agreement shall be construed to create an
asso.iation, trust, partnership, or joint venture or impose a trust
• or partnership duty, obligation, or liability on or with regard to
either party. Each party shall be individually and severally
liable for its own obligations under this Agreement.
XI
AMENDMENT
® All changes or modifications to this Agreement shall be in 0
writing and signed by both parties.
i
PrefeuleNi Services Agreement - Page e
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XII
GOVERNING LAW
This Agreement shall be construed and interpreted according to,
and the rights of the parties shall be governed by, the laws of the
State of Texas. Venue of any suit or cause of action under this
Agreement shall lie exclusively in Denton County, Texas.
xrrl
ATTORNEY'S FEES
If either party becomes involved in litigation arising out of
this Agreement or the performance thereof, the prevailing party
shall be entitled to rearionable attorney's fees, costs and
expenses, in addition to any other relief to which that party may
be entitled. This provision shall be construed as applicable to
the entire Agreement.
XIV
ENTIRE AGREEMENT
This agreement constitutes the complete and final expression of
the agreement of the parties and is intended as a complete and
exclusive statement of the terms of their agreements and supersedes
all prior and contemporaneous offers, promises, representations,
negotiations, discussions, communications, and agreements which may
have been made in connection with the subject matter hereof.
XV
SEVERAHILITY
If any provision of this Agreement is found or deemed by a
court of competent jurisdiction to be invalid or unenforceable, it
shall be considered severable from the remainder of this Agreement
and shall not cause the remainder to be invalid or unenforceable.
In such event, the parties shall reform this Agreement to replace
such stricken provision with a valid and unenforceable provision
which comes as close as possible to expressing the intention of the
• stricken provision.
XVI ✓
NOTICES
(a) Any notice, demand, information, invoice, report, or item
otherwise required, authorized, or provided for in this Agreement,
unless otherwise specified herein, shall be deemed properly given `
• if delivered in person or sent by United States Mail, First Class •
postage prepaid:
Proteeeic"l Services Agreement - Paye S
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To RMI: Resource Management International, Inc.
P.O. Box 15516
Sacramento, CA 95852-1516
Copy to: 8310uCapitalaofmTexas nHighway N, Suite 385
Austin, TX 78731-1026
To City: Executive Director, Department of utilities
City of Denton, Street
215 E. McKinney
Denton, TX 76201
(b) All notices shall be deemed effective upon receipt by the
party to whom such notice is given.
XVII
RESPONSIBILITY FOR WORK
Approval by the City shall not constitute nor be deemed a
release of RMI, its employees, associates, agents, and consultants
for the accuracy and c:,mpetency of their designs or other wori-an a
ssu
res Nor shall approval Le deemed t in the workipon of such repared by RMI, its
employ by the city for any defec
employees, aubcontrat:cors, agents, and consultants.
XVIII
CAPTIONS
The captions of this Agreement are f oh i form antive Iona t rrpsoses
only and shall not in any way affect te subst or
conditions of this Agreement.
KIx
SIGNATURE CLAUSE they a The g this signatories on behalf ofa the party forhwhomethey
O enter into
sign.
Resource Management r
City of Penton, Texas International, Inc.
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Its
Its
Profeeeto"I Servtcee hgree"nf - Pege i
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY: l~' ~w( ~/~if L
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Froressio"1 Services Agreement Pogo
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SEM BY:RMI Austla 3- 5-97 2:OtiYM RMI Austin-8173827923 ;d 21 2
EXMBrT A
FEES FOR SERVICES
RESOURCE MANACEMMF INTERNATIONAL„ INC
1997
Professional and Support services, except for testlununy, shall be billed at the following
rates:
Managing Executive Consultant $166 per hour
Principal Executive Consultant $150 per hour
lxecutive Consultant $112 per hour
Principal Consultant $131 per hour
Supervising Consultant $116 per hour
Sersior Consultant $106 per hour
Assoclak Professional $ 92 per barn
Analyst 5 81 per hour
RPCearch Assistant $ 61 per hour
Technician $ 53 per tour
Office Services $ 49 per hour
Die above rates shall be adjusted each year, curnmerKing January 1, 1998, to reflect the
change in rates officially established by the RMI Board of Directors.
TmHmony shay be billed at not lev than eight (8) hours per day.
Reproduction, pramting, communications, computes services, and other miscellaneous
support services shall be billed at rates for such services cis determined from time to
time and officially established by the RMI Board of Directors plus ten (10) peramt
All travel, food, lodging, and miscellaneous expenses, except automo&le mileage,
aasnclated with the provision of services hereunder shay be billed at coat. Automobile
A mileage shay be billed at $030 per rite.
Client shall reimburse RMr for any applicable sales tax imposed on services rendered j ,
by RMi to Client
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Agenda itarm-°?JP 9
Date
CITY COUNCIL REPORT
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R.E. NELSON, EXECUTIVE DIRECTOR OF UTILITIES
i
DATE: MARCH 18, 1997
SUBJECT: APPROVAL OF A SECOND AMENDMENT TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN RESOURCE MANAGEMENT
INTERNATIONAL, INC. AND THE CITY OF DENTON FOR CONSULTING
SERVICES
RECOMMENDATION:
The Public Utilities Board recommended approval in their meeting of February 17, 1997,
of a Professional Services Agreement between Resource Management International
(RMI) and the City of Denton (City) for consulting services pertaining to electric
restructuring.
SUMMARY:
For more than a year row, RMI has been instrumental in the City's participation, it
deregulation activities at the Public Utility Commission (PUC). During 1996, RMi' has
covered multiple PUG workshops and assisted in many of the City's PUG filings - most
notably our stranded cost filing.
Though the workshops for wholesale transmission issues have been completed, many
y outstanding issues remain. The PUG has also initialed two new Projects; 15535
(Rulemaking on Energy Service and Pricing Options) and 16536 (Rulemaking on
Unbundling of Electric Distribution Facilities and Functions). These workshops are
intended to provide the basis for a July rule that will force deregulation of our distribution
system. The City - and all other utilities in Texas - maintain that the PUG has no
statutory authority to issue such a rule. However, should the PUC publish such a rule,
full retail deregulation notwithstanding, it will be the most serious threat to the integrity
of our utility to date. A lawsuit by utilities will be the most likely response to such a rule.
® Given the overwhelming amount of work the City's Electric Utility faces because of
deregulation, the Public Utilities Board recommends contracting with RMI to assist the 0 •
City in evaluating issues and proposed changes by the PUG. This will include assisting
staff with preparing and filing comments on PUG projects.
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This Professional Services Agreement will also cover RMI's assisting the City's
legislative representative, and providing any technical assistance on restructuring issues
that may be necessary.
PROGRAMIDEPARTMENT OR GROUPS AFFECTED:
The Electric Utility and its ratepayers, the City, and the Citizens of Denton.
FISCAL IMPACT:
The original contract totaled $25,000, the First Amendment $55,000, and this proposed
Second Amendment is not to exceed $47,000, for a Grand Total of $127,000.
RESPECTFULLY SUBMITTED,
R.ER Ne
Executive Director of Utilities
Prepared by:
Jul))'d ~
nmeCompliance Manager
Attachments:
Proposed Ordinance
• Proposed Professional Services Agreement
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J:\WP0OCt\=VIM12 AND
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SECOND
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH RESOURCE
MANAGEMENT INTERNATIONAL ("RMI") RELATING TO THE PROVISION OF
ASSISTANCE TO THE CITY IN DF-aLOPING AND COMMUNICATING THE CITY'S
POSITION ON ELECTRIC RESTRUCTURING ISSUES TO THE TEXAS LEGISLATURE
AND TO THE PUBLIC UTILITIES COMMISSION OF TEXAS; AUTHORIZING THE
EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE.
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. That the City Manager is hereby authorised to
execute the second amendment to the professional services agreement
with Resource Management International, Inc. ("RMI") relating to
the provision of assistance to the City in developi..7 and communi-
cating the City's position on electric restructuring issues to the
Texas Legislature and to the Public Utilities Commisuion of Texas,
a copy of which is attached hereto and incorporated herein, along
with any task orders and other documents necessary to the perfor-
mance of the second amendment.
SECTION II. That the expenditure of funds as provided in the
attached Second Amendment To Professional Services Agreement is
hereby authorized.
SECTION III. That this ordinance shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the ^ day of , 1997.
JACK MILLER, MAYOR
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ATTEST: / .I
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY AMjRNEY
/ ~r1~~~ (cn
BY:
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STATE OF TEXAS S
COUNTY OF DENTON 9
SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
This second amendment to the Professional Services Agreement
entered into on the 17th day of September, 1996 by and between
Resource Management International, Inc., a California corporation
("RMI") and the City of Denton, Texas, a Texas municipal corpora-
tion with its principal offices at 215 East McKinney, Denton, Texas
("City") for professional and related services provided to the
city, hereinafter referred to as "Base Agreement." In consider-
ation for the terms and conditions set forth herein, the parties
hereby agree:
I.
That Section I "Scope of Services" of the Base Agreement is
hereby amended to read as follows:
RMI shall provide to the City the services set forth in
individual task orders made as attachments to this Agreement
including without limitation, Task Orders Nos. 96A, 96B and
97-A.
II.
That Section II "Fees for Services" of the Base Agreement is
hereby amended to read as follows:
For services provided by RMI to City pursuant to this Agree-
ment, the City shall pay RMI in accordance with the rates and
charges set forth in Exhibit A "Fees for Services," attached
hereto and made a part of this Agreement for all purposes
provided, however, such charges and rates shall not exceed
$127,000 unless the City agrees by an amendment to this Agree-
ment to increase the maximum fee for services.
III.
That save and except as amended hereby, all the terms, '
conditions, clauses, and sentences of the Base Agreement shall
remain in full force and effect. _
• The signatories hereto represent that they are authorized to • O
enter into this Agreement on behalf of the party for whom they
sign.
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CITY OF DENTON, TEXAS RESOURCE MANAGEMENT
INTERNATIONAL, INC.
By: By:
Its Its
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
J: \reaocs\ K\wa um. mo
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SENT BY:Ml Austin 2- 5-97 3:23N RYI Austin- 8173837334:it V 3
ATTACHMENT TO
PROFESSIONAL SERVICES AGREEMENT
MbZWEEN
RESOURCE MANAGEMENT INTERNATIONAL, INC-
AND
THE CTIY OF DFNTON, TEXAS
Dated December 31,1995
Task Order No. 97-A
Consulting Semiees
SeMcee provided under this Task Order will provide assistance to the City of Denton
(Denton) in developing and communicating the City's positiuai on electric restructuring
issues to the Texas Legislature and tO the Public Utility Commission of Texas (PUC).
this will include providing technical support to the City's Legislative lobbyist and
continuing technical essictmee to the City's staff in wotkine with PUC staff and
Commissioners on various issues. Support in PUC Rulemakfng (Nectt M15,16336)
thruugh filing of comments and attending workshop will be provided. Services will
also include responding to requests for assistance from City staff on various issues
relatirtg to restructuring, ich as power marketing for TMPA, VAMM transmission
pricing, arvi evaluation of Dcnton's stranded,.usts. RMI will work as an extemiun of
staff to cost effectively assist the staff in preparing for competition In a restructured
electric industry.
SCOPE OF SERVICES
TASKA
Support City staff in evaluating res*tucturing issues and communicating City's
positions on issues to the PUC.
1. Attend meetings and workshops at PUC on restructuring issues and repori hack to
staff.
2. Assist staff in evaluating issues and identifying proposes changes by the Pl[C
which will affect municipals.
0 3. Maintain contact with PUC -staff to cumtnunicate City's position on issut.w and to
gather information for Ci ty's responses to PUC filing requirements.
4. Assist City in preparing and filing of comments on Commission Projects iruLding,
but not Jim' :-s! M:
a. Project 16535 - RuleauJdrtg on F ncrgy Ser vice and Pricing Options
h Project 16536 - Ru&maldng on Unbundling of Electric Distribution Facilities and
0 Functions • 0
TASK B
Support staff in evaluating various issues related to restructvring in the electric ~i
industry.
97.A - I
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SENT BY X41 Austin 2- 5-97 3'29P11 ' RVI Mstls- 8173837331:1 V 3
1. Work with sniff on strathlad teats LmuG imlul ing assistance in use
FCOM modef, of data fruw
2. Asstct staff in evacuating trunwrjasion yriting issues asscria" With VAMM
cakvlati ma and nfwradons of transmisvion pricing.
3. Work with staff to obtain information on various issue y dory study and evatuato
Denton 's stwegic options dunng to#tructuring.
4. Notify staff of Won related to tbtrurhiring that may require their attelLllun or
could benefit Denton.
D. Work with staff in evoluatut,l TMPA isbves such as chancing provider of powor
nurkrting services and other issues as requt Wd by staff.
TASK C
RIt9 will work with tha UVS Legislative lobbyist to provide tcchnicAl nssiataston on
restructuring isouft
1. Meet with bbbyL%t to discuss stranded costs us! other restrtmring itellee and how
theca Slaves AUM the City and TMPA
2. Plryare tnfortrusum fnr City and City's lobbyist to use in lobbying eff".
3. Athmd awvtings with lobbyist to rmvkie technical support, as requested.
4. provide commel s on issue addrervd in leg-dative hcadzW on strunled cost
issues and other issues offmting City, as directed by City.
DUDC.FT
Charges for these sarviccs are mUnuted to be f47M for time and exponses. This
budget as established may bar esnduated at anytiate by FJA or the Or/. RMI will bill
monthly dttd wtll nut exceed tho X47,000 budget without approval from the dry,
Thla 'task Order is authorized and nude an eitschmenl hi the above idanti&d
Frofeuxxtal tiorVi es Agmrnent thruu&h theslWrturesbdow.
Authorized by Accepted by ,
City of Don!,m, Taw R"m3rre Management Intcinadonal,
• Byb
By. - -
Dated:-- Dated:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, ~ITY ATTORNEY
97.A-2
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i,)enda h'o~
4penda it:~ z~___
CITY COUNCIL REPORT
TO: :Mayor and Members of the City Council
FROM: R. E. NOson, Executive loirector of Utilities
DATE: :Hard 18, 1997
SUBJECT: RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE
WITH THE CITY OF DALLAS TO RESOLVE THE LEASE AGREEIIFNT
117TH TEXAS PARKS AND NVILDLIFE DEPARTMENT FOR THE
OPERATION OF LAKE RAY ROBERTS AND THE GREENBELT. (THE
PUBLIC UTILITIES BOARD RECOMMENDED APPROVAL.)
RECOMMENDATION:
The Public Utilities Board and Staff recommends approval of the proposed Ciiy Council Resolution
(attached) authorizing the City Manager to negotiate with the City of Dallas regarding the operation of
the Ray Rotrts Greenbelt, to negotiate Hith the 'Texas Parks and Wildlife Department (TPN'D) for
such operation, including. consideration of terminating the existing Park operating agreement with the
TPA'D if they are not agreeable is operating the Greenbelt Within the operating revenues they nosy
have asailable from the Ray Roberts Park.
SUMMARY:
The Corps of Engineers (''Corps'') and the Cities of Denton and Dallas ("Cities'') built (and are
building) the recreation facilities at Lake Ray Roberts and the Greenbelt as required under the terns of
the federal loan for the reservoir. These costs are reflected in the 1.6 million dollar payments the
Cities make for debt senice of the Ray Roberts recreation facilities each year.
The Cities leased the recreation facilities at Ray Roberts to the Texas Parks and Wildlife Department
(TPNVD), at no cost, to operate and maintain the facilities. TPA'D collects end keeps all fees related
to those facilities. T hesc fees %scre intended to ce•rer the additional costs of TPWD operating and
. S. Though we have been told by the
maintaining the Greenbelt upon its completion in early 1r
Director of TPN'D. Andy Sansom, that TPA 1) would operate the Greenbelt, it is anything but certain
that the TPA'D Commission Hill appro%c its operation. In addition, T'PR'D now asserts that it must at
least ha%e some support from the Cities, such as in-kind services, to cover the costs associated with
the Greenbelt.
•
The Cities of Denton and Dallas need to be prepared to fund the operation of the Greenbelt by My
1998 in the event TPN'D refuses to do so within the revenues they now receive from the parks
sy stems on Lake Ray Roberti. The Staff believes there are excess revenues from the existing parks to
adequately fund the estimated $25C,000 to 5300,000 annual cost to operate the Greenbelt. An optioi
asa"^ble to the cities is to cancel the existing contract with the Texas Parks and Wildlife Department
O ant enegotiate the contract with the Greenbelt finding included in the new contract Another option
ssould be for one of the cities to lake oser the operation of the Ray Roberts park system and use the O O
gate revenues to fund the Parks and Greenbelt operations. If terminating the existing contract with the
IP`r','D is determined anpropriate, the Staff Hill bring a recommendation back to the Council before
taking action.
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It appears that TPWD is facing serious financial trouble which may be contributing to their reluctance
to incorporate the operation of the greenbelt in the Ray Roberts Park system as previously planned,
Attached is an article from Texas Monthly explaining some of the challenges TPWD is facing.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
i
The Water Utility and its ratepayers, the Denton Parks Npartment, the citizens of Denton and Dallas,
the communities around Lake Ray Roberts and the Greenbelt, the Corps of Engineers, and the Texas
Parks and Wildlife Department.
FISCAL IMPACT:
Operation and maintenance for the Greenbelt will costs the Cities between $250,000 and 5300,000 per
year. Denton's share would be $65,000 to $75,000 pcr year.
Shluld the Cities also assume operation of Lake Ray Roberts, the revenue stream could be between
one and two million dollars annually. This revenue stream is dependent on the types of development,
such as lodges, marinas, and confetettce censers, that are developed on Lake Ray Roberts. Obviously,
the more developments on the Lake, the larger the revenue stream. Without further development,
estimated revenue for the Lake is approximately one million dollars per year. The operation of the
parks on the Lake and the Greenbelt are estimated at $850,000 annually.
Respectfully Submitted,
R. E. Nelson, Executive Director of Utilities
Prepared by:
)Iaie Smith, En%ironmrntal Compliance Manager
Attachments:
Proposed Resolution
Article from December 1996 Texas Monthly
i
it JI0MrDHFARD,00LNCILUPAYR0IffS MIS '
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J'\64`0 CS%R ESV RID.RES
III,
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE CITY MANAGER TO NEGOTIATE WITH THE
CITY OF DALLAS TO RESOLVE THE LEASE AGREEMENTS WITH TEXAS PARKS AND
WILDLIFE DEPARTMENT FOR TuE OPERAAION OF LAKE RAY ROBERTS AND THE
GREENBELT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the U.S. Army Corps of Engineers (the "Corps") and the
Cities of Denton and Dallas (the *Cities") have built, and are now
building recreation facilities at Lake Ray Roberts and the
Greenbelt as required under the terms of the federal loan for the
reservoir; and
WHEREAS, the Cities of Denton and Dallas (*Cities") have paid
for one-half of the recreation facilities on Lake Ray Roberts and
the Greenbelt; and
WHEREAS, the City of Denton pays $1.2 million in debt service
for the recreation facilities at Lake Ray Roberts annually; and
WHEREAS, the Cities currently have the responsibility to
operate the recreation facilities; and
WHEREAS, the Cities have entered into a lease agreement (the
"Agreement") with Texas Parks and Wildlife Department ("TPWD*) to
operate the recreation facilities at Lake Ray Roberts; and
WHEREAS, as part of that Agreement, the TPWD presently collects
and retains all entrance fees and concession revenues related to
the recreation facilities at Lake Ray Roberts; and
WHEREAS, those revenues originally were Intended to offset the
costs of operation and maintenance of the Greenbelt by TPWD; and
WHEREAS, TPWD has not been able to confirm through Its Board of
Commissioners that they will operate the Greenbelt without
additional compensation from the Cities; and
WHEREAS, the Cities will receive the res
the Greenbelt when the Corps turns the facili ies lover to operate
Cities upon completion in the Spring of 1998; and
WHEREAS, the Cities will need an annual revenue source of
approximately $300,000 to operate and maintain the Greenbelt should
8 the TPWD be unable to do so; and • •
WHEREAS, Lake Ray Roberts offers potential for future revenue
sources for the City of Denton; NOW, THEREFORE,
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THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I That the City Manager is hereby authorized to
conduct negotiations with the City of Dallas to review and possibly
re-negotiate the Agreement with the TPWD and determine the best way
to fund the operation and maintenance of the Greenbelt.
SE'_TION II. That the City Manager is hereby instructed to, as
part of the review with the City of Dallas, to consider terminating
the Agreement with the TPWD.
SECTION III Should the City Manager decide that terminating
the Agreement with the TPWD is the best alternative, the City
Manager shall present to the city Council a proposal for operating
and maintaining the recreation facilities at both Lake Ray Roberts
and the Greenbelt.
SECTION IV The City Council retains its authority to vote on
any proposal to terminate the Agreement with TPWD.
SECTION y That this resolution shall become effective
immediately upon its psssage and approval.
PASSED AND APPROVED this the _ day of , 1997.
JACK MILLER, MAYOR
ATTEST :
JENNIFER WALTERS, CITY SECRETARY
1 BY: i
APPROVED AS TO LEGAL FORM: f
HERBERT L. PROUTY, CITY ATTORNEY
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Agenda No. L'-~11
Agenda Item C22
. Date _
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CITY Of DENTON, TEXAS MUNICIPAL BUILDING 215 E WKINNEY @ DENTON, TEXAS 76201
(817) 566-8200 o VFW METRO 434.2529
CITY COUNCIL REPORT
TO: Mayor and Members of the City Council
FROM: Kathy DuBose, Executive Director of Finance
DATE: March 18, 1997
SUBJECT: DENCO AREA 9-1-1 DISTRICT BUDGET AMENDMENT
RECOMMENDATION:
Staff recommends approval of the DENCO Area 9-1.1 District (District) budget amendment
as requested by the District's Board of Managers at their January 23, 1997, meeting.
SUMMARY:
Due to two circumstances beyond the control of the District, it is necessary to amend the
District's 1997 financial plan. First, the District was provided with an erroneous revenue
projection from GTE and is anticipating a $300,000 shortfall for 1997. Second, construction
on the District's office and training facility has not progressed as projected at the end of fiscal
year 1996, making it necessary to carry $125,000 into the current year.
Both of these are one time occurrences that are beyond the control of the District. The
amended budget allows the District to meet its goals at the same service fee rate as currently
collected. There are no plans to increase the service fee over the next five years.
1 BACKGROUND:
• Attached please find a letter from DENCO Area 9-1-1 District, a copy of the District's
proposed amended budget, the District's year-end audit, and resolution approving the
District's proposed amended budget.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
l DENCO Area 9-1.1 District serves as the central routing facility for all 9-1.1 calls in Denton
0 County. The City's 9-1-1 operations are dependant on the services provided by the DENCO • •
area 9.1-1 District.
FISCAL IMPACT:
The District's proposed budget amendment does not impact the City's 1996-97 operating
budget. Revenue for the District is generated from a 9-1-1 service fee assessed by GTE.
"Dedicated to Qua1Uy Senice"
C~
7- 7 7
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City Council Report
Page 2
Pease advise if I can provide additional information.
Respectfully submitted:
Kathy s
Executive Dir for of Finance
Prepared by:
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Jon rtune
Chi Financ ifficer
AFF01422
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t:\wpdocs\rea\denco911.res
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
APPROVING THE AMENDED FISCAL YEAR 1997 FINANCIAL PLAN OF THE DENCO
AREA 9-1-1 DISTRICT, PURSUANT TO THE TEXAS HEALTH AND SAFETY CODE,
CHAPTER 772, AS AMENDED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Council of the City of Denton has been presented
the Amended Fiscal Year 1997 Financial Fran of the Denco Area 9-1-1
District for approval, in accordance with 5772.309 Texas Health and
Safety Code, as amended; NOW, THEREFORE;
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1. That the City of Denton hereby approves the amended
financial plan.
SECTION II. That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
i
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, /CITY ATTORNEY
• BY:
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DENCO AREA 9 - 1 - 1 DISTRICT
250 S. Stemmons, Suite 260, Lewisville, Texas 75067
PhoneITDD (214) 221-0911 FAX (214) 420-0709
To: Participating Jurisdictions f
From: Mike Pedigo, Executive Director Jq 17' I
N 3 p 1891
Date: January27, 1997 qtY -A tk ' S OFFlCF
Subject: Budget Amendment
Enclosed is an Amended Denco Area 9-1-1 District Fiscal Year 1997 Financial
Plan that was approved by the Denco Board of Managers at its January 23,
1997, meeting. Section 772, Texas Health and Safety Code, requires any
revision to the District's budget to be approved in the same manner as the
budget. Also enclosed is a sample resolution that your governing body may wish
to use when considering this budget.
Because of two circumstances beyond the control of the District, it has become
necessary to amend its financial plan for fiscal year 1997. The circumstances
are the following:
1. GTE provided Denco, for budgeting purposes, projections for
increased revenues, because of growth, and projections for retro-
billing customers it had missed over the past three years. The
projections were erroneous and the district will receive close to
$300,000 less than projected.
2. Work on the office and training facility that Denco has under
construction was not as far along as projected at the end of fiscal year
1996. The amended budget carries over 5124,459 into the current
year.
• Both of these are one time occurrences that are beyond the control of the
District. This is the first time that the Denco Area 911 District has been required
to submit a revised budget for approval to its participating jurisdictions. Please '
note the following highlights of the amended financial plan:
BEGINNING OF YEAR FUND BALANCE: The amended budget has a higher
• fund balance primarily because there was not as much work done on the building
as projected. •
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ANTICIPATED REVENUES; The 9-1-1 Service Fee Revenue projection is
$271,332 less than that in the approved budget. The reason for this decrease is
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the GTE estimates for retro-billing and monthly service fees were in error. The
amended budget includes a $400,000 debt issue. The repayment of this loan is
included in the long range forecast.
PROPOSED EXPENDITURES: All operational costs are reduced in the
amended budget including personnel, operations, direct services and PSAP
equipment replacement/upgrades. The capital expenditure increase is only the
building project. The furniture and fixtures and the equipment line items are
decreased by $41,148. Debt service includes interest and closing costs on an
interim construction ban and three months payments on a five year note.
END OF YEAR FUND BALANCE: The end of year fund balance is increased by
$251,192. This balance will be decreased in fiscal year 1998 as Denco begins
replacing PSAP equipment.
Overall, the amended budget allows the district to meet its goals at the same
service fee rate as currently collected. Thera are no plans to increase the
service fee rate over the next five years.
There will be a public hearing at the next Denco Area 9-1-1 District Board of
Managers meeting to hear comments and answer questions regarding the
amended budget. The meeting will be at 8:30 a.m. on Thursday, March 6, 1997,
in the Denton County Commissioners Court Room at the Courthouse on the
Square, 110 W. Hickory, Denton, Texas. It you have any questions regarding
the amended budget, please call me at (972) 221-0911 or come to the public
hearing.
The Denco Area 911 District requests that your governing body consider the
enclosed amended budget and return a resolution to the District by March 31,
1997. If the District has not received written confirmation or your governing
body's action by that time, its Board of Managers will consic.~r no action as
approval from your jurisdiction.
Thank you for considering this request.
O
Also enclosed, for your review, is a copy of the annual independent auditor's
report of the Denco Area 911 District financial statements for fiscal year 1996.
The auditors opinion on page one is the best that the district could receive. This
report was accepted by the Denco Board of Managers at its January 23, 1997,
meeting.
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SCHEDULEI
AMENDED
DENCY,O~y~AREA 911 DISTRICT FINANCIAL. PLAN
~,IfIy AfiftMW gaa
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BEGINNING OF YEAR FUND BALANCE $481,941 $150,351 $215,461 $65,110
ANTICIPATED REVENUES
9-1.1 Service Fee Revenue $878,190 $1,468,210 $1,196,878 ($271,332)
Interest Revenue $19,640 $11,800 $16,300 54,500
Miscellaneous Revenue (Expense) $574 s0 $0 $0
Contractua! Services $41,347 $82,494 $82,494 $D
Proceeds From Debt Issue s0 s0 5400.000 $400.000
TOTAL ANTICIPATED REVENUES $939,751 $1,562,504 $1,695,672 $133,168
PROPOSED EXPENDITURES
Personnel $242,932 $344,435 $339,602 ($4,833)
Operations $99,246 $136,547 $117,570 ($18,977)
Direct Services $400,034 $383,048 $363,662 ($19,386)
Capital Expenditures $249,376 $573,644 $656,955 $83,311
Debt Service $0 $10,000 $41,933 $31,933
PSAP Equipment Replacement/Upgrades $214.643 $161.638 $36.876 ($124.962)
TOTAL PROPOSED EXPENDITURES $1,206,231 $1,609,512 $1,5.x,6,598 ($52,914)
REVENUES OVER EXPENDITURES ($266,480) ($47,008) $139,074 $186,082
END OF YEAR FUND BALANCE $215,463 $103.343 3351.63.4 V5},t92
Note: Stated Fund Balance does not include investment In Fixed Assets.
• It reflects available cash to meet budgeted needs. • •
Fund Balance Includes both designated and non-designated funds.
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SCHEDULE2
AMENDED
DENCO AREA 911 DISTRICT FINANCIAL PLAN
S „Mx W fi4vP $d'i. ~ ZA ms`s
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SERVICE FEE REVENUE
GTE $1,259,987 $961,143 ($298,844)
Southwestern Sell $145,277 $146,420 $1,143
Sprint $23,656 $25,890 $2,234
Century $27,035 $29,831 $2,796
Wireless $43,200 546,276 $3,076
Telephone Company Administrative Cost ($29,983) (S22,542) $7,441
Uncotlectble ($1,351) ($1,351) $0
Telephone Company Adjustments ($13,860) ($7,200) $6,660
Private Switch Service Fees $1,890 $3,600 $1,710
Private Switch Administrative Costs (538) ($72) ($34)
Job Cost Revenue SJ2.396 $14.96-3 32A85
TOTAL NET SERVICE FEE REVENUE $1,468,211 $1,196,878 ($271,333)
NON SERVICE FEE REVENUE
Interest Revenue $11,800 $16,300 $4,500
Miscellaneous Revenue (Expenses) $0 $0 $1
Contractual Services $82,494 $82,494 $0
Proceeds From Debt Issue $0 $400-ON M.M
TOTAL NON SERVICE FEE REVENUE $94,294 $498,794 $404,500
•
TOTAL REVENUE $.I.S t%i i].~41S.5I2 Zl~l.tt x 1
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SCHEDULE3
AMENDED
DENCO AREA 911 DISTRICT FINANCIAL PLAN
r s x 4 n ~i tlfnrws , ;:..iai ,4i+a+ N Z•fIIkr ,A
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PERSONNEL EXPENDITURES
5110 Salaries $276,705 $274,459 (32,246)
5120 Benefits $66,230 $CA,643 ($1,587)
5130 Other Persorviel Services 3 1.500 1500 133.000)
TOTAL $344,434 $339,602 (54,633)
OPERATIONS EXPENDITURES
5210 CommwrkafiOns
5211 TNec«mwnca6o4 $15,174 $13,972 (51,202)
5212 Prmv $2,536 $2,141 ($445)
5213 PostageJShppev $3,360 $3,160 ($200)
5220 S6W[es $12,833 $5,450 ($6,883)
5230 Profess onal Services
5231 LnW Serwes $9,000 $9,000 s0
5232 A= to" Sepias $500 $0 ($500)
5233 hdepender4Aua4 $3,000 $3,000 $0
5234 Prokssonal Developr R $9,680 $5,950 ($3,730)
5235 OPw ProteswW Services $12,637 $12,137 ($500)
5240 Ofte Space/Maintenance $22,104 $23,050 $946
$250 MembershipVSubsaiptions
5251 kA&Wmfsh" $1,590 $1,000 ($590)
5252 S&SCrOb" $1,057 $964 (373)
5260 Advertising $1,000 $900 ($1001
5270 Insurance $7,326 $7,326 $0
5280 TravellAuto
5261 Traver 321,506 $15,600 ($5,700)
5262 Auro Akwance $13.200 $13200 S0
TOTAL $136,547 $117,670 ($78,477)
DIRECT SERVICE EXPENDITURES
5310 PSAP Maintenance $334,611 $320,338 ($14,275)
5320 Public Education $27,578 $20,776 (561600)
5330 Training 36,450 $8,450 $0
5340 Private Switch yi1 SUAW $14-M SL689 ~
TOTAL 5363,048 $363,662 ($19,386)
CAPITAL EXPENDITURES
5420 ButTding 3497,548 $622,005 $124,459
O 5450 FumRure and Fixhaes $21,560 $14,600 ($6,960) • •
} 5460 Equipment $5038 $20.3&0 (53$.188)
J TOTAL $673,644 5656,945 583,111
DEBT SERVICE EXPENDITURES $10,000 $41,933 $31,933
PSAP EQUIPMENT EXPENDITURES $161,636 536,676
TOTAL EXPENDITURES 51.60.4J2 53-458.UJ (5A2.UA
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SCHEDULE 4
AMENDED
DENCO AREA 911 DISTRICT FINANCIAL PLAN
BEGINNING FUND BALANCE $180,361 $215,461 $364,635 $104,283 $97,370 5103,298
REVENUES
Net Service Fee Revenue (4% growth) $1,468,210 $1,196,878 51,089,339 $1,132,912 $1,178,229 $1,225,358
Interest Revenue $11,800 $16,300 $17,727 $5,214 $4,868 $5.165
Miscellaneous Revenue (Expense) $0 $0 so so $0 so
Contractual Services Revenue $82,494 $82,494 $90,921 $50,000 $50,000 $50,000
Proceeds From Debt Issue $0 $441000 s0 $0 54 $C
TOTAL REVENUE $1,562,604 -$1,695,672 $1,197,986 $1,188,126 $1,233,097 $1,280,523
EXPENSES
Personnel $344,435 $339,602 $357,557 $375,360 $394,053 $413.681
Operations $136,547 $117,570 $123,045 $127,586 $132,362 $137,388
Direct Services $383,048 $363,662 $380,950 $389,408 $398,068 $406,937
Capital Expenditures $573,644 5658,955 $45,000 $11,000 $11,000 $11,u00
Debt Service $10,000 $41,933 $91,686 $91,686 $91,686 $91,686
PSAP Equipment $161838 $36.876 5450.000 $200.000 $2,00_000 $200.000
TOTAL EXPENSES $1,609,512 $1,566,698 $1,448,238 $1,19S,040 $1,227,169 51,260,692
REVENUES OVER EXPENSES ($47,008) $139,n74 ($250,252) ($6,914) $5,928 $19,831
ENDING FUND BALANCE $10AA3 SUL534 s14d.283 $97AN $143.298 SJ23.W
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I FORM
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DENCO AREA 9-1-1 DISTRICT
FINANCIAL STATEMENTS
FOR TEIE YEAR ENDED
SEPTEMBER 30, 1996
WITH INDEPENDENT AUDITORS' REPORT
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DENCO AREA 9-1-1 DISTRICT
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FOR THE YEAR ENDING E
SEPTEMBER 70, 1996
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TABLE OF CONTENTS
Page
Number
Independent Auditors' Report . . . . . . . . . . . . . . . . . . 1
FINANCIAL STATEMENTS
Combined Balance Sheet - All Fund Types and
Account Groups . . . . . . . . . . . . . . . . . . . . . 2
Statement of Revenue, Expenditures and Chsnges
in Fund balances . . . . . . . . . . . . . . . . . . . . 3
Statement of Revenue, Expenditures and Changes
in Fund Balances - Budget and Actual . . . . . . . . . . 4
Notes to Financial Statements . . . . . . . . . . . . . . . S • 10
Independent Auditors' Report on Internal Control
Structure Related Natters Noted in a Financial
Statement Audit Conducted in Accordance With
Goverment Auditing Standards . . . . . . . . . . . . . . . . . 11 - 12
Independent Auditors' Report on Compliance With
Laws and Regulations Based on an Audit of
Financial Statements Performed in Accordance
With Government Auditirg Standards . . . . . . . . . . . . . . 17
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PATTILLO, BROWN do HILL, L.L.P.
ClEXTIP M KSLIC ACCOt1TANn
Prmu int StMtu Sine 1925
AME MAY PLAZA
xx %'UT UXAMAY 4. RTM 100
P,a Box 3rw
SAGO, TE W W MI-W
{2171 Mml
Pun~nm.s
INDEPENDENT AUDITORS' REPORT
Board of Managers
Denco Area 9-1-1 District
Lewisville, Texas
We have audited the accompanying general purpose financial statements of the
Denco Area 9-1.1 District, as of and for the year ended September 30, 1996. These
general purpose financial statements are the responsibility of the District's
management. Our responsibility is to express an opinion on these general purpose
financial statements based on our audit.
We conducted our audit in accordance with generally accepted auditing
standards. Those standards require that we plan and perform the audit to obtain
reasonable assurance about whether the financial statements are free of material
misstatement. An audit includes examining, on a test basis, evidence supporting the
amounts and disclosures in the general purpose financial statements. An audit also
includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall general purpose financial statement
presentation. We believe that our audit provides a reasonable basis for our
opinion.
In our opinion, the general purpose financial statements referred to above
present fairly, in all material respects, the financial position of the Denco Area
9-1-1 District as of September 30, 1996, and the results of its operations and
changes in fund balances for the year then ended, in conformity with generally
accepted accounting principles.
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December 6, 1996
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DENCO AREA 9-1-1 DISTRICT
COMBINED BALANCE SHEET - ALL FUND TYPES
AND ACCOUNT GROUPS
SEPTEMBER 30, 1996
Goverementel fiduciary
fund Tvoe tondo Account Groan
General IieOq Coastal Totals
Fund Fund listed Assets {Mesa Gnlv)
A532.T3
Ceob 6 3,070 t ♦ a $1090
Temporary cash investments 2091706 41.441 331,161
Service fees receivables 217,070 - 217.c7o
rrapaid eapens as 691 691
Deposit& 3.947 - 11147
Furniture and equipment 103,336 103,134
Land - - 132.023 112,022
Construction in pro4ress 116.064 116,044
Amount to be provided fur
repayment of debt
Total Aosats 3 436,706 6 41,441 6 151,322 6 $21,461
L1A]ILITI2a Am 1'019 MUM
Liabilities o
Aeeounts payable $ 10.712 i t t 10.762
Due to beneficiaries 41,441 41.441
Total Liabilities 10.712 41.441 32,223
Fund Equity
fund Lalance. unreserved 423.924 - - 423.924
Investment in $metal fired meta ]3 k.t17 131.122
Total fund Equity 413.924 331.322 777.241
sad
Total Liabilities
Fund Equity 6 4$6,706 t 41,441 6 331,322 t 629,419
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The accompanying notes are an integral p-Art of these financial atateaanta.
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DE07CO AREA 9-1-1 DISTRICT
STATMXT OF REVENUE, EXPENDITURES AND CHANGES
IN FUND BALANCES
GENERAL FUND
FOR THE YEAR ENDED SEPTEMBER 30, 1996
REVENUE
Service fees $ 954,296
Interest income 19,640
Miscellaneous revenue 41.921
Total Revenue 1.015_657
EXPENDITURES
Personnel services 242,932
Operations 99,246
Direct services 614,677
Capital outlays 249.376
Total Expenditures 3..206.231
EXCESS OF REVENUE OVER (UNDER) EXPENDITURES ( 190,374)
FUND BALANCE, SEGIONING OF YEAR 616.298
FUND BALANCE, END OF YEAR $ 425,924
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The accompanying notes are an integral part of this statement.
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DENCO AREA 9-1-1 DISTRICT
STATEMENT OF REVENVE, EXPENDITURES AND CHANCES
IN FUND BALANCES - BUDGET AND ACTUAL
GENERAL FUND
FOR THE YEAR ENDED SEPTEMBER 30, 1996
Variance
Favorable
~ydaet Actual (Unfavorable)
UVENUE
Service fees $ 939,146 $ 954,296 $ 15,150
Interest income 18,949 19,640 691
Miscellaneous revenue 41.922 41.921 1)
Total Revenue 1.000.017 1.015,'] 15.840
EXPENDITURES
Personnel services 244,417 242,932 1,485
Operations 100,219 99,246 973
Direct services 619,135 614,677 4,458
Capital outlays% 367.LU 249.376 118,459
Total Expenditures 1.331.606 1.206.231 125.375
EXCESS ON REVENUE OVER
(UNDER) EXPENDITURES ( 331,589) ( 190,374) 141,215
FUND BALANCE, BEGINNING OF YEAR 616.298 616.298
FUND BALANCE, END OF YEAR $ 284,709 $ 425,924 $ 141,215
The accompanying note: are an integral part of this statement.
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DENCO AREA 9-1-1 DISTRICT j
NOTES TO FINANCIAL STATEMENTS
S£PTEMB,A 30, 1996
1. SUMMARY Of SIGNIFICANT ACCOUNTING POLICIES
Ortan zation:
Denco Ares 9.1-1 District (the District) is a special communication
district authorized by the Emergency Communication District Act (Article
1432e, Vernon's Texas Civil Statutes) and confirmed by the voters of
Denton County on August 8, 1967. Fees were collected from customers
beginning in January 1988, and the District became operational in March
1988. The purpose of the District is to establish the number 9-1-1 as
the primary emergency telephone number to communities in Denton County
and certain geographically contiguous communities in Dallas County, in
order to facilitate a quick response to any person calling the number
seeking police, fire, medical, and other emergency services.
The activities of the District, until the date the 9-1-1 system became
fully operational, consisted primarily of collecting and investing
accumulated service fees from the telephone companies that service the
communities within the District, and developing proposals for the
implementation of the 9.1-1 network and equipment configuration within
the District for optimum cost benefit. The 9-1-1 system became fully
operational on August 18, 1990.
Since the date the 9-1-1 system became fully operational, the activities
of the District have included database management, training, public
education, planning and fiscal management of District resources to
establish and maintain 9-1-1 as the primary emergency telephone number
for the Denco 9.1-1 District and enhance the ability of local governments
to respond to calls for emergency help.
Basis of Accounting:
The District accounts for its operations as a governmental fund and, as
such, uses the modified accrual basis of accounting. Under the modified
• accrual basis, revenue is recognized when it becomes measurable and
available as net current assets. Expenditures are generally recognized
under the modified accrual basis of accounting when the related fund
liability is incurred.
` 2. CASH INVESTMENTS
• 1 O
Investments of the District are controlled by a depository contract with
their depository bank, The District also has investments in various other
financial institutions, TEXP00L and LOGIC.
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3. LEASES
The District entered into an operating lease on November 15, 1991, for office
space. Rental expense under this operating lease for the year ended
September 30, 1996, was $22,161.
Minimum rental payments due under operating leases in effect for year ended
September 30, 1996, are:
September 30, 1991 $ 9,280
4. FIXED ASSETS
The following is a summary of changes in the Ceneral Fixed Assets Account
Croup for the fiscal year.
PUMPS Additions Retirements Qt/SO/+i
Office equipment a 30.+11 8 74.43+ U20.291) $ 63,040
Office furniture 4,661 )S4 - 3,3+5
eSA! equipment 33,171 1.7+6 t 4,1+3) 17.760
tecateaetiom In progress - 116.064 - 114,064
Lena 137.077 112.017
set rased Assets $102.734 0193.451 4!24,4361 3151,321
S. RETIREMENT PW
A. Flan Description
The District provides pension, disability, and death benefits for all
of its full-time employees through a nontraditional, joint
contributory, defined contribution plan in the state-wide Texas
County and District Retirement System (TCDRS), one of over 450
administered by TCDRS, an agent multiple-employer public employee
retirement system. It is the opinion of the TCDRS management that
the plans in TCDRS are substantially defined contribution plans, but
they have elected to provide additional voluntary disclosure to help
foster a better understanding of some of the nontraditional
characteristics of the plan.
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S. RETIREMENT PLAY (Continued)
A. Plan Description (Continued)
Under the state law governing TCDRS, the contribution rate of the
District has been A fixed percent equal to the contribution rate
payable by the employee member, which is 7i as adopted by the
governing body of the District. This rate is not actuarially
determined and was one of the rates that could be adopted in
accordance with the TCDRS Act. However, the plan of benefits adopted
by the employer at the time of plan inception and when benefit
increases were adopted before 1992 was limited by statute to what the
actuary determined could be adequately financed by the commitment of
the employe- to contribute the same aacant as the employees. The
statute specified that the actuary's determination was based on a
maximum period for amortizing the unfunded pension benefit obligation
of 30 years. Since 1991, the District has had the option of
selecting the plan of benefits to provide in the future, while at the
same time, considering the level of the employer contribution rate
required to adequately finance the plan.
The plan provisions are adopted by the governing body of the
District, within the options available in the state statutes
governing TCDRS. Members can retire at ages 60 and above with 8 or
more years of service or with 30 years regardless of age or when the
sum of their age and yearn of service equals 75 or more. A member is
vested after 8 years but must leave his accumulated contributions in
the plan. If a member withdraws his personal contributions in a
lump-sum, he is not entlt'.ed to any amounts contributed by the
employer.
Benefit amounts are determined by the sum of the employee's
contributions to the plan, with interest, and employer-financed
monetary credits, with interest. The level of these monetary credits
is adopted by the governing body of the District. The District's
current benefit plan provides for employer-financed monetary credits
for service since the plan began of 1251 of the employee's
accumulated contributions and for employer-financed monetary credits
for service before the plan began of 1051 of a theoretical amount
equal to twice what would have been contributed by the employee, with
interest, prior to establishment of the plan. At retirement, the
benefit is calculated as if the sum of the employee's accumulated
• contributions and the employer-financed monetary credits were used to
purchase an annuity within TCDRS. 1
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S. RETIREMENT PLAN (Continued)
I
B. Pavroll and Contribution Information
The District's total payroll in calendar year 1995 was $193,057, and
the District's contributions were based an a covered payroll of
$181,057. Employer and employee contributions for the year were made
as required and are detatled below. Employee contributions may
include the purchase of credits for military or legislative service
or the buyba:k of previously forfeited service credit. there were no
related-party transactions.
contrib"LIMS Cmtatbatten aoto
for Year I0tal tonal Coot blot earvlco
rap lo7aa U7,g1 71 VIA s/A
[apla7ar 112,{71 7.901 4.991 2.121
C. Voluntary Additional Disclosure
Even though the substance of the District's plan is not to provide a
defined benefit in some form, some additional voluntary disclosure is
appropriate due to the nontraditional (for a defined contribution
plan) existence of an unfunded pension benefit obligation in earlier
years and employer-financed monetary credits in excess of 1005 of the
employee's personal contributions. Part of the District's
contribution, is the normal cost, while the remaining portion is to
amortize the unfunded actuarial liability.
Effective January 1, 1995, the District adopted an annually
determined contribution rate plan, which has its total employer
contribution rate actuarially determined each year, consisting of the
normal cost contribution rate plus the rate required to amortize the
unfunded actuarial liability over a 25-year amortization period. As
a result, the total employer contribution rate may vary from year to
year after 1994.
Statement No. 5 of the Governmental Accounting Standards Board (CASE
5) defines pension benefit obligation as a standardized disclosure
measure of the actuarial present value of pension benefits, adjusted
for the effects of projected salary increases, estimated to be
• payable in the future as a result of employee service to date. The
measure is intended to help users assess the funding status of public r
employee pension plans, assess progress made in accumulating
sufficient assets to pay benefits when due, and make comparisons
among public employee pension plans.
(continued)
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S. RETIREMENT PLAN (Continued)
C. Voluntary Additional Disclosure (Continued)
The pension benefit obligation shown below is similar in nature to
the standardized disclosure measure required by CASE S for defined
benefit plans except that there is no need to project salary
Increases since the benefit credits earned for service ti date are
not dependent upon future salaries. The calculations were made as
part of the annual actuarial valuation as of December 31, 1995.
Significant actuarial assumptions used to compute the actuarially
determined contribution requirements in that valuation are the same
as those used to compute the pension benefit obligation. Because of
the money-purchase nature of the plan, the interest rate assumptions,
currently 91 and 71 per year with a weighted average of 81, do not
have as much impact on the results as for a defined benefit plan. An
annual rate of 91 is used for calculating the actuarial liability and
normal cost contribution rate. For accumulating existing uonetary
credits after the valuation date, an annual rate of 71 is assumed, 21
lower than the 91 assumption in recognition of the statutory interest
allocation method. Market value of assets is not determined
separately for each plan, but the market value of assets for TCDRS as
a whole was 1111 of book value at December 31, 1995.
Pension Benefit Obligation
Annuitants currently receiving benefits $
Terminated employees
Current employees
Accumulated awployee contributions
including allocated investment
earnings 57,306
Employer-financed vested
Employer-financed nonvested 28.010
Total $ 85,316
Net Assets Available for Benefits, at
Book Value $127,658
Assets in Excess of Pension Benefit
Obligation $ 42,342
6. DEFERRED COMPENSATION PLAN '
The District offers its employees a deferred compensation plan created in
accordance with Internal Revenue Code Section 457. The plan, available to
all District employees, permits them to defer a portion of their salary until
0 future years. The deferred compensation is not available to employees until • 0
termination, retirement, death, or unforeseeable emergency.
(conti;med)
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6. DEFERRED COMPENSATION PLAN (Con^inued)
All amounts of compensation deferred under the plan, all property and rights
purchased with those amounts, and all income attributable to those amounts,
proterty, or rights are (until paid or made available ro the employee or
other beneficiary) solely the property and rights of the District (without
being restricted to the provisions of benefits under the plan), subject only
to the claims of the District's general creditors. Participants' rivhtR
under the plan are equal to those of general creditors of the District in an
amount equal to the fair market value of the deferred account for each
participant.
it is the opinion of the District's legal counsel that the District has no
liability for losses under the plan, but does have the duty of due care that
would be required of an ordinary prudent investor.
The District believes that it is unlikely that it will use the assets to
satisfy the claims of general creditors in the future.
7. SUBSEQUENT EVENT
On December 4, 1995, the District entered into a promissory note agreement to
finance the construction of the District's new facilities. The principal of
$400,000, along with accrued interest at 5.451 are payable in one payment due
June 30, 1997. The District intends to refinance this note over a five-year
term prior to.its maturity.
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PATTILLO, BROWN & 11LL, L.L.P.
CU TG-M) n'auc ACC0UITAY"
PrOmL"I senien smut 1921
AMEMAN PLAZA
TJO Fm ""M Al • ZLnt tm
P.o. sox Ln9
WAC0. 1D(M MU4W
41171 M4901
PAX 31T m+m
INDEPENDENT AUDITORS' REPORT ON INTERNAL CONTROL
STRUCTURE BASED ON AN AUDIT OF GENERAL. PURPOSE
FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE
WITH GOVERNMENT AUDITING STANDARDS
Board of Managers
Denco Area 9-1.1 District
Lewisville, Texas
We have audited the general purpose financial statements of the Denco Area
9-1-1 District (the "District"), as of and for the year ended September 30, 1996,
and have issued our report thereon dated December 2, 1996.
We conducted our audit in accordance with generally accepted auditing q
standards and Government Auditing Standards, issued by the Comptroller General of
the United States., Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the general purpose financial statements
are free of material misstatement.
The management of the District is responsible for establishing and maintaining
an internal control structure. In fulfilling this responsibility, estimates and
judgments by management are required to assess the expected benefits and related
costs of internal control structure policies and procedures. The objectives of an
internal control structure are to provide management with reasonable, but not
absolute, assurance that assets ire safeguarded against loss from unauthorized use
or disposition, and that transactions are executed in accordance with management's
authorization and recorded properly to permit the preparation of general purpose
financial statements in accordance with generally accepted accounting principles.
Because of inherent limitations in any internal control structure, errors or
irregularities may nevertheless occur and not be detected. Also, projection of any
• evaluation of the structure to future periods is subject to the risk that procedures
may become inadequate because of changes in conditions or that the effectiveness of
the design and operation of policies and procedures may deteriorate.
In planning and performing our audit of the general purpose financial
statements of the District, for the year ended September 30, 1996, we obtained an
understanding of the internal control structure. With respect to the internal
• control structure, we obtained an understanding of the design of relevant policies • •
and procedures and whether they have been placed in operation, and we assessed
J control risk in order to determine our auditing procedures for the purpose of
expressing our opinion on the general purpose financial statements snd not to
provide an opinion on the internal control structure. Accordingly, we do not +
express such an opinion.
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Our consideration of the internal control structure would not necessarily
disclose all matters in the internal control structure that might be material
weaknesses under standards established by the American Institute of Certified Public
Accountants. A material weakness is a condition in which the design or operation
of one or more of the internal control structure elements does not reduce to a
relatively low level the risk that errors o•: irregularities in amounts that would
be material in relation to the general purpose financial statements being audited
may occur and not be detected within a timely period by employees in the normal
course of performing their assigned functicns. We noted no matters involving the
internal control structure and its operation that we consider to be material
weaknesses as defined above.
This report is intended for the information of management and the Board of
Managers. Powever, this report is a matter of public record and its distribution
is not li%ited.
December 6, 1996
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PATTMLO, BROWN & BILL, L.L.P.
CFRTV D R'aU7C ACCOMTANN
Prmidml StMee3 Swa 1921
AMERKAN PLAZA
300 STSZ e3O1'M AT C tills m
P.O. e0% 30A3
31•! M MAt X=471
nm M4NJ
PAX Jill, 7n4V 0
INDEPENDENT AUDITORS' REPORT ON COMPLIANCE
BASED ON AN AUDIT OF GENERAL PURPOSE
FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE
WITH GOVERNMENT AUDITING STANDARDS
Board of Managers
Denco Area 9.1.1 District
Lewisville, Texas
We have audited the general purpose financial statements of the Denco Area
9-1-1 District (the "District"), as of and for the year ended September 30, 1996,
and have issued our report thereon dated December 2, 1996.
We conducted our audit in accordance with generally accepted auditing
standards, and Government Auditing Standards, issued by the Comptroller General of
the United States. Those standards require that we plan and perform the audit to
obtain reasonable assurance about whether the general purpose financial statements
are free of material misstatement.
Compliance with laws, regulations, contracts, and grants applicable to the
District is the responsibility of the District's management. As part of obtaining
reasonable assurance about whether the financial statements are free of material
misstatement, we performed tests of the District's compliance with certain ,
provisions of laws, regulations, contracts, and grants. However, the objective of
our audit of the general purpose financial statements was not to provide an opinion
on overall compliance with such provisions. Accordingly, we do not express such an
opinion.
The results of our tests disclosed no instances of noncompliance that are
• required to be reported under Government Auditing Standards.
This report is intended for the information of management and the Board of
Managers. However, this report is a matter of public record and its distribution
1s not limited.
December 6, 1996
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Apeada No
Apenda Items
March 18, 190te--- -L
CITY COUNCIL AGENDA ITEM
TO: MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: R. E. Nelson, Executive Director of Utilities
SUBJECT: APPROVAL OF FIIREE CITY POOL MOU
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RECOMMENDATION:
The Public Utility Board recommends approval of the attached MOU.
SUMMARY:
I
In order to assure that the generation resources of Denton, Garland and Greenville are used in
the most efficient manner and that the three cities have the maximum benefit from the
emerging power purchase market, the three cities have formed their own control area within
the TMPP control area, which is presently operated by Brazos Electric Power Cooperati+e.
The attached Memorandum of Understanding recognizes the existence of that arrangement and
defines the process that will be used to formalize the new, pool.
PROGRAMS, DEPARTMENTS Olt GROUPS AFFECTED:
Electric Utility.
FISCAL INIPACr:
Improved utilization of City electric production resources which will reduce tl•e cost of energy
below that which would have occurred under Brazos dispatch control.
Respectfully submitted,
1~o
i R. E. Nelson, Executive Director of Utilities
Prepared by:
Sharon Mays, DireMor Electric Utilities • •
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T\MPMf6\k16\M7R.RLS
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DENTON, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTAND-
ING BY AND BETWEEN THE CITIES OF DENTON, GARLAND, AND GREENVILLE, k
TEXAS FOR THE CREATION OF A SUB-CONTROL AREA FOR OPERATIONAL
CONTROL AND ECONOMIC DISPATCH RELATING TO THE EFFICIENT DELIVERY OF
POWER AND ENERGY TO THE THREE PARTICIPATING CITIES; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the Cities of Denton, Garland, and Greenville, Texas
desire to form a sub-control area in order to achieve improved
operating control and economic dispatch, as well as to improve the
efficiency of the delivery of power and energy to all three cities,
and desire to enter into a memorandum of understanding, generally
setting forth their objectives; and
WHEPEAS, the Cities of Denton, Garland, and Greenville, Texas
intend to pursue the negotiation of a written agreement between
themselves which will apecify detailed operating policies and
procedures to be established for the operation of joint economic
dispatch. The three cities will seek to include within the written
agreement policies detailing joint purchase and sales, unit
commitment, forecasting, maintenance of equipment, cost sharing,
responsive reserve, generation control, overhaul scheduling, energy
allocation-pricing, backup emergency energy purchase, among other
things; and
WHEREAS, the City Council believes it is advantageous for the
City of Denton to enter into the proposed memorandum of understand-
ing with the Cities of Garland and Greenville, Texas, creating a
sub-control area as set forth above; NOW THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES-
SECTION I. That all recitations contained in the above
preamble are found to be true and correct and are hereby incorpo-
rated in the body of this resolution by reference as if copied in
their entirety. l
SECTION IL That the City Manager is authorized to execute a
memorandum of understanding between the Cities of Denton, Garland
and Greenville, Texas for the creation of a sub-control area for
operating control and economic dispatch relating to the efficient
• delivery of power and energy between the three participating O O
cities; in substantially the form and content of the memorandum of
understanding, a copy of which is attached he:eto and incorporated
by reference herein.
SECTION III. That this resolution shall become effective
immediately upon its passage and approval.
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PASSED AND APPROVED this the day of 1997.
I
,JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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MEMORANDUM OF UNDERSTANDING
Beginning January 1, 1997, the Cities of Denton, Garland and Greenville agree to form a sub-
control area for operating control and economic dispatch, and to improve tha efficiency of
delivery of power and energy to all three cities. l
Under a written agreement to follow, the Cities will.speeify detailed operating policies that
I
will be established for the operation of joint economic dispatch. Included within the
agreement will be policies detailing joint purchase and sales, unit commitment, forecasting,
maintenance of equipment, cost sharing, responsive reserve, generation contro', overhaul
scheduling, energy allocation-prising and backup emergency energy purchase. The agreement
will also establish a single agent to provide ancillary services by the sub-control area.
In addition to the drafting and adop6-n of a formal agreement between the three cities, the
Cities will endeavor to develop an agreement between the Cities and Brazos Electric
Cooperative (BEPC) which defines the operating parameters between the Texas Municipal
Power Pool (TMPP) control area and the 3 city sub-control area. Any modifications to
existing agreements needed to implement these operational changes will be identified and
presented to the appropriate governing bodies.
Ted 13enavides, City Manager
City of Denton
Jeff Muzzy, City Manager
City of Garland
Tom Darte, General Manager
City of Greenville Electric Utility
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Agenda Nd
Agenda Item 3_ _ o
CITY COUNCIL REPORT Date
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: March 18, 1997
SUBJECT: Partners In Mobility 1997 Congressional Legislative Issues
RECOMMENDATION:
Approval of the resolution in support of the Partners In Mobility position on Federal Legislative
Issues for the 105th Congress.
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SUMMARY:
In January, the Partners in Mobility Steering Committee a adopted policy position on Sta, and
federal transportation issues. These positions cover a wide range of transportation policy,
planning, finance, and tax issues as outlined in the attached material provided by the Regional
Transportation Council.
BACKGROUND:
The Partners In Mobility is a regional coalition of public and private sector transportation groups
in the Dallas-Fort Worth area. The North Central Texas Council of Governments/Regional
Transportation Council is one of the five founding members of the coalition. The regional
coalition provided a unified approach to addressing mobility needs which has resulted in
hicreased allocation of state and federal transportation funding to address this region's mobility
challenges.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Engineering and Transportation; Public Transportation; and Bie citizens of Denton
O FISCAL IMPACT:
None
QSaverua
Deputy City Manager
O Prepared by: O O
Iry 1V' i ms
Assistant to the City Manager
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R71 i
RY Regional Transportation Council SAM& 4.0
The Twrnirmirtation Policy BM), for the North Central Tois Council of Ccnernrnents
imebnr4itan Planning Orgiwation for rhn Dallas Fort 1t6rih Re„ x)n)
TO: Mayors and City Managers of Communities DATE: March 4, 1997
in the Dallas-Fort Worth Urbanized Area
FROM: Henry Wison
Chairman, Regional Transportation Council
I
SUBJECT: Partners In Mobility 1997 State Legislative Program
The Partners In Mobility, a regional coalition of public and private sector transportation interest
groups in the Dallas-Fort Worth area, appear once a year before the Texas Transportation
Commission to update the Commissioners and the Texas Department of Transportation's
(TYDOT) executive leadership on our region's surface transportation needs, and to request
their assistance in addressing those needs. On several occasions, TxDOT has indicated that it
appreciates this unified approach to addressing mobility needs, and the Commission has been
imprf sled with the stature of the Partners' delegation. The result of this effort has been
increased allocation of state and federal transportation funding to address this region's mobility
challenges, The North Central Texas Council of Governments/Regional Transportation
Council are one of the five founding members of the coalition. In each of the last two years,
approximately 125 regional leaders have traveled to Austin to be part of the Partners'
delegation. Staff is currently preparing the presentation material to be covered in the Partners'
third annual appearance before the Commission, scheduled for Thursday, March 27, 1997,
In January, the Partners In Mobility Steering Committee adopted policy positions on State and
federal transportation issues, as well as the Streamlined Transportation Efficiency Program for
the 21st Century (STEP 21) that is currently before the U.S. Congress. These positions cover
a wide range of transportation policy, planning, finance, and tax issues and have been sent to
all members of the North Central Texas Congressional and Slate legislative delegations. The
position documents are included for your information.
•
In order to present a unified regional approach to addressing regional transportation Issues,
the Partners In Mobility request your support and endorsement of their policy positions. Also r
enclosed are sample resolutions supporting the positions for you to present to your City
Councils. Please feel free to customize the resolution to fit your local area howevor you wish,
and we would appreciate you sending us a copy of the adopted resolution once it has been
finalized. ~ • O
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05 1497
P O. Bon 5888 0 Arlington, Texas 16005-5688 0 (817) 64063300 a FAX (811) 64063078 0
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Page Two March 4, 1997
Finally, a reception is also held in Austin for regional civic and political leaders and state
legislators during years in which the Texas Legislature is in session. Nearly 200 attended the
last reception, held March 29, 1995. This year a reception is scheduled for Wednesday
evening, March 26, 1997, from a to 8 p.m., at the Driskill Hotel in Austin. We invite your
participation in these events this year, details are provided on the enclosed invitation.
Thank you very much for your assistance. We look forward to seeing you in Austin this year.
Working together, we can maintain the mobility that is so important to our economic vitality and
quality of life.
C~" rV
enry W 66n, Chairman
Regional Transportation Council
r'ouncilmember, City of Hunt
SDR:db
Attachments
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Partners In Mobility.-.
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
Policy Position on State Legislative Issue
it)
75 Texas Legislature
1. Utilize the State Highway Fund (Fund 006) for ns intended purpose of roadway maintenance and construction. There
is a growing gap between Texas' surface transportation needs and resources available to address those needs, which
is comoounded by the declining portion of Fund 006 which is appropriated to the Texas Department of Transportation
(TxDOT). Reverse this trend, so that the State Highway Fund is used exclusively to maintain and construct Texas'
roadways.
2. Provide adequate enforcement and a permit fee level sufficiently high to discourage overweight vehicles from using
Texas highways or to generate revenue sufficient to repair the damage caused by such vehicles.
3, Remove existing caps, limits, and restrictions on tees and taxes to enable local governments to implement revenue
measures earmarked for highway maintenance, rehabilitation, expansion, or new construction,
4. Support the Sunset Advisory Commission recommendation of September 24, 1996, and the Texas Turnpike Authority
(TTA) resolution of September 18, 19%, to
• Establish a North Texas Totlway Authority (NTTA) comprised of Collin, Dallas, Denton, and Tarrant Counties.
a Transfer to NTTA all existing TTA operations, contracts, and liabilities within Collin ,nd Dallas Counties,
o Create a separate division in TxDOT for toll projects statewide,
of Ensure that NTTA and TOOT retain authority to issue project revenue bonds.
5, Continue TxDOT for 12 years, as rea,,nrrended by the Sunset Advisory Commission, including
e Study the point of accountability for fuel tax collections.
e Authorize use of a State Infrastructure Bank to take till advantage of federal highway funds.
a Remove obstacles to automating the contract bidd rig system.
1 a Use the Council on Competitive Goverment to help TOOT define a balance between in-house and contra^lii
engineering services.
6, Esrablish a Texas Surface Transportation Study Commission comprised of House and Senate members appointed by
the Speaker and Lt. Governor and of citizens appointed by the Governor, to study the State's surface transportation
needs, hold hearings throughout the State, and make specific reconlmeneations for the 76th Legislative Session to
meet the needs of Texas' surface transportation system.
7. Amend Sec 452,102 of the Transportation Code to document that investments authorized under the Public Funds
investment Act for all Texas local governments are legal investments for Dallas A•ea Rapid Transit (DART). Amend
Sec 452.108 of the Transportation Code to permit implementation of deceased tax leases (DTLs), allowing DART to ® !
sell a taxable benefit such as asset depreciation or lease expenses, to a private company. Amend 56200, the Texas
Clean Fuels Program. to grant certain credits, delays, and modificalions as recommended by the Fort Worth
Transportation Authority.
Founoed in 1995 the Paane~s in MLrlrry is a puN1c and prorate sector ccalrtion or the North Texas Comm,syon/NOrti Tesas Regonw Transcortanon
Tav Force. the Danas Regionai Mnbdity Cealaion. the Greater Dams Chamber or Commerce. the Fort worth Chamber or Commerce. and fire North
Central Texas CaUnvi of Go'vernments'Regii 4ansoortation Courrol lkmed at impronhg regionai mob,lity through eirec+ve advocacy the Partners
Ir Nicbihty e'toris locus on education, coiiaoeraton, coordinwicrt and unly L•j/.
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P.artners In Mobility.,
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
Policy Position on Federal Legislativet, Issues
10511, U.S. Congress
1. Remove the bur transportation trust funds from the Unified Federal Budget. Transportation programs are funded by
taxis and user fees, therefore they are self-supporting and should not be limited by domestic spending caps.
Removing the trust funds from the Unified Federal Budget frees the balances of all four trust funds to be spent down,
thereby increasing transportation expenditures and meeting priority needs.
2 Appropriate motor fuel tax revenue only for the maintenance and improvement of the nation's surface transportation
infrastructure Revenues from the sale of gasoline should be spent solely on transportation programs by going directly
into the highway and transit accounts of the Highway Trust Fund. The use of these revenues for any other purpose is
unacceptable. given that investment in transportation is not keeping up with the need. Specifically, the S.043 per
gallon in gas tax revenue that is currently being applied to t e General Fund to service the deficit should be
reallocated to the Highway Trust Fund to fund transportation improvements.
1 Enact a surface transportation authorization bill to succeed Intermudal Surface Transportation Efficiency Act (ISTEA)
which:
is, Adequately maintains and improves the National Highway System.
• Returns a minimum of 95 percent of the federal gasoline taxes coliected in Texas back to Texas.
• Gtves states and local governments broad authority and great flexibility In matching federal transportation sources
to their specific surface transportation needs.
is Reduces the reslreions and program categories in ISTEA but does provide program and project funds to achieve
air quality compliance as long as the Clean Air Act places mobility mandates on nonahainment areas.
• Provides meaningful and sensible planning. coordination, and project prio(dizalion roles for Metropolitan Plaril
Organizations.
I
• Encourages innovation and retains the principles of financial planning, partnership and consensus building,
Founded m 1995, the Partners On MoOiAh is a public and prrvale sector coalition of the North Texas CommissioniNOM Texas Regpnal Transoonawn
Tasx :D,ce. the Dallas Reg-onal Mobdiry Coalnron. me Greater Dallas Chamoer of Commerce, the Fort Worth Cham~oer of Commerce, and the North
CF-tral Texas Council of Governments Reg anal Tramsponaaon Council. Aimed al improving ragional mobility trough elleorve advocacy tea Panrers
in blob,i y ertorts tocus on educargn. collaboration. cmrdmatran and unit'
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Partners In Mobility
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
.,Policy Position on Streamlined Transportation Efficiency
Prdgrarn for the 21"1 Century (STEP 21)
The Dallas-Fort Worth Area Partners in Mobility
a respectfully urge your support of the proposed legislation
regarding transportation funding proposed by
Congressmen Delay and Condit. This bill advocates a Streamlined Transportation Efficiency
Program 'cr the 21 st Century (STEP 21). The STEP 21 concept is primarily concerned with
returning a greater portion of transportation funding to those states who have historically
con'; 'routed more to the Highway Trust Fund than they have received. The STEP 21 concept
should better recognize the significant air quality issues in certain metropolitan areas,
including Dallas-Fort Worth, by continuing the role provided for local elected officials, acting
through their Metropolitan Panning Organization (h1PO) under the Intermodal Surface
Transportawon Efficiency Act of 1991 (ISTEA). This role has allowed local elected officials to
direct the allocation of funds for metropolitan motility. congestion mitigation and air quality
improvement.
• I
Founded in 1095. the Partners M afobikty is a public and private sector coalition of the Norm Teas Commiasion/Norln Texas FegKnat Transportation
Task Force. the Dalus Regional Mobility Coalition, the Greater Dallas Cnamba el Commerce. the Fort Worm Chamber co Commerce. am the Nor)
Central TeRae :oun,k 0 Governmenisnegwnal Transportation Council. Aimea at imorovng regional moGlrty through eflective Advocacy. me Partners
in Mol eHOrts locus or education, coilabaratwn. docrdnatwn and unity
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RESOLUTION NO.
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON FEDERAL LEGISLA-
TIVE ISSUES FOR THE 105TH CONGRESS; AND PROVIDING AN EFFECTIVR
DATE.
WHEREAS, the Intermodai Surface Transportation Efficiency Act
of 1991 will expire on September 30, 1997; and
WHEREAS, the region's ability to fund the transportation
improvements identified in Mobility 2020• The Metropolitan
Transvortation Plan will be significantly impacted by the legisla-
tion that will be enacted to succeed the intermodal Surface
Transportation Efficiency Act of 1991; and
WHEREAS, a proposal to increase the percentage of revenues
from the Highway Trust Fund returned to Texas and other donor
states, known as the STEP 21 Coalition, will be introduced in the
105th Congress; and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility is a
coalition of elected officials and business and civic leaders from
the North Central Texas region who are committed to maintaining the
viability of the Dallas-Fort Worth regional economy by improving
the area's surface transportation system through continued
investment; and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility have
been actively involved in Texas state legislative matters since
1995 and believe that these efforts should be complemented by
similar activity in federal legislative matters; and
WHEREAS, it is in the interest of the Dallas-Fort worth region
for Denton to take a position on the reauthorization of the
Intermodal Surface Transportation Efficiency Act of 1991; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION I. That the City of Denton is in support of the
attached Partners In Mobility Position on Federal Legislative
Issues for 'he 105th Congress.
SECTION II. That the City of Denton is in support of the
attached Partners In Mobility statement to Congress regarding the
Q proposal from the Streamlined Transportation Efficiency Program for
the 21st Century (STEP 21).
SECTION III. That this resolution will be sent to local,
regional, and selected committee representatives in the U.S.
Congress and any other interested parties.
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SECTION III,, That this resolution shall become effective
immediately upon its passage and approval.
PASSED AND APPROVED this the day of , 1997.
JACK MILLER, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
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Partners In Mobility.
A Coalition of Dollos•Fort Worth Area
Public and Private Transportation Interest Groups
Policy Position on Federal Legislative Issues
1051" U.S. Congtess
1 Remove the bur transportation trust funds from the Unified Federal R.idget. Transportation programs are funded by
taxes and user fees, therefore they are sell supporting and should not be limited by domestic spenditio caps
Removing the trust funds from the Unified Federal Budget frees the b.lances of all tour trust farads to be spent down,
there!ry increasing transportation expenditures and meeting priority needs
2 Appropriate motor fuel tax revenue only for the. maintenance and improvement of the nation's surface transportation
infrastructure Revenues from the safe of gasotirk should be spent so" on transportation programs by going directly
into the highway and transit accounts of the Highway Trust Fund. The use of these revenues for any other purpose is
unacceptable, given that investment in transportation is not keeping up with the need Specifically, the S 043 per
gallon in gas tae revenue that is currently being applied to the General Fund to service the deficit should be
reallocated to the Highway Trust Fund to fund transportation improvements
3 Enact a surface transportation authorization vil to succeed Interinodal Surface Transportation Efficiency Act (ISTEA)
which
• Adequately maintains and improves the National Highway System
• Returns a minimum or percent of the federal gasoline taxes collecled in Texas back 10 Texas
1 • Gives stales and local governments broad authority and Brea; Uexibili) in matching federal transportation sources
to the • sppeibc surfa;e IransDorilaton needs
a redUCes the resi•iclintis and program caleg:7r eE ISTE4 but does provide prcgram and project funds t6 achieve
ar qua+i!)' compliance as Iona as the Clean Ai, Acl places mot,dity man„:wes on nonatlalnmen' areas
t Mrovidps mpa':iingr~j a-ic sens'bie d'a'•.niic COOr drtdtq'4 and pnlC;,! p,orib:afion roles lo' P,lrppph;ar Ranninc
Oroaar_ahons
• • ~nc0u'd] s inric3.3~i:ir 3'ld retains the principle, o' h^,an;..a' ,3Ming Dartnership and eons isos building •
_1 1 _ L' _ 1'!. o,. c .1 e'. cr 1"CP ~.;^.2•:E a'.C 1 ty •r-
..•L__.'a •'i i' _ -].-t ,h• a .,G.-.,a.y
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Partners .
A Coalition ?as-Fort Worth Area
Public and ' e Transportation Interest Groups
Policy Position on Streamlined Transportation Efficiency
• •
The Dallas-Fort Worth Area Partners In Mobility
Members of Congress: i respectfully urge your support of the proposed legislation
regarding transportation funding proposed by
Congressmen Delay and Condit This bill advocates a Streamlined Transportation Efficiency
Program for the 21 st Century (STEP 21). The STEP 21 concept is primarily concerned with
returning a greater portion of transportation funding to those states who have historically
cony outed more to the Highway Trust Fund than they have received. The STEP 21 concept
should better recognize the significant air quality issues in certain metropolitan areas,
including Dallas-Fort Worth, by continuing the role provided for local elected officials. acting
through their Metropolitan Planning Organization (MPO! under the Intermodal Surface
Transportation Efficiency Act of 1991 (ISTEA) his role has allowed local elected officials to
direct the allocation of funds for metropolitan mobility. congestion mitigation and air quality
improvement.
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Agenda No. R 1 -11 1
Agenda Item a
CITY COUNCIL REPORT Data.-3-1~' 7
k
TO: Mayor and Members of the City Council
FROM: Rick Svehla, Deputy City Manager
DATE: March 18, 1997
SUBJECT: Partners In Mobility 1997 State Legislative Issues
RECOMMENDATION:
Approval of the resolution in support of the Partners In Mobility position on State Legislative
Issues for the 75th Texas Legislative Session.
SUi14;1IARY:
In January, the Partners in Mobility Steering Committee adopted a policy position on State and
federal transportation issues. These positions cover a wide range of transportation policy,
planning, finance, and tax issues as outlined in the attached material provided by the Regional
Transportation Council.
BACKGROUND:
The Partners In Mobility is a regional coalition of public and private sector transportation groups
in the Dallas-Fort Worth area. T14 North Central Texas Council of Governtnents/Regional
Transportation Council is one of the five founding members )f the coalition. The regional
coalition provided a unified approach to addressing mobility needs which has resulted in
increased allocation of state and federal transportation funding to address this region's mobility
challenges.
PROGRAMS, DEPARTMENTS OR GROUPS AFFECTED:
Engineering and Transportation; Public Transportation; and the citizens of Denton
FISCAL IMPACT:
None %
Rick Svetsla
Prepared Deputy City Manager
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Ity li s
Assistant to the City Manager IN I
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Regional Transportation Council
The transportation Policy Bod, for the north Central Texas Council of Go ernmenb
I 9m ® Netmpolitan Planning Organization for the Dallasfort North Region)
TO: Mayors and City Managers of Communities DATE: March 4, 1997
in the Oallas-Fort Worth Urbanized Area
FROM: Henry Wilson
Chairman, Regional Transportation Council
SUBJECT: Partners In Mobility 1997 State Legislative Program
The Partners In Mobility, a regional coalition of public and private sector transportation interest
groups in the Dallas-Fort Worth area, appear once a year before the Texas Transportation
Commission to update the Commissioners and the Texas Department of Transportati on's
(TxDOT) executive leadership on our region's surface transportation needs, and to request
their assistance in addressing those needs. On several occasions, TxDOT has indicated that it
appreciates this unified approach to addressing mobility needs, and the Commission has been
impressed with the stature of the Partners' delegation. The result of this effort has been
increased allocation of state and federal transportation funding to address this region's mobility
challenges. The North Central Texas Council of Governments/Regional Transportation
Council are one of the five founding members of the coalit' In each of the last two years,
approximately 125 regional leaders have traveled to Aus` •art of the Partners'
delegation. Staff Is currently preparing the presentatior h. , vvrared in the Partners'
third annual appearance before the Commission, seher. _,r for Tt . arch 27, 1997.
In January, the Partners In Mobility Steering Committee adopted polio, positions on State and
federal transportation issues, as well as the Stret!mlined Transportation Efficiency Program for
the 21st Century (STEP 21) that Is currently before the U.S. Congress. These positions cover
a wide range of transportation policy, planning, finance, and tax Issues, and have been sent to
all members of the North Central Texas Congressional and State legislative delegations. The
position documents are included for your information.
d ,
In order to present a unified regional approach to addressing regional transportation issues,
the Partners In Mobility request your support and endorsement of their policy positions. Also
enclosed are sample resolutions supporting the positions for you to present to your City
Councils. Please feel free to customize the resolution to fit your local area however you wish, I
and we would appreciate you sending us a copy of the adopted resolution once it has been ,
e finalized. 1 0 W
f PAR ~
„+a,; 1997
f C±*~ t) 5
AGr
:R 5 OFFICE
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P. O. Box MM Mlington, Texas 76005.5888 (817) 6*3300 FAX (817) 61P3028 8 2
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Page Two Marcn 4, 1997
Finally, a reception is also held in Austin for regional civic and political leaders and state
legislators during years in which the Texas Legislature Is in session. Nearly 200 attended the
last reception, held March 29, 1995. This year a reception Is scheduled for Wednesday
evening, March 28, 1997, from 6 to 8 p.m., at the Driskill Hotel in Austin. We invite your
participation In these events this year, details are provided on the enclosed invitation.
Thank you very much for your assistance. We look forward to seeing you in Austin this year.
Working together, we can maintain the mobility that Is so important to our economic vitality and
quality of life.
~ rY
enry W1, Chairman
Regional Transportation: Council
Councilmember, City of li_Yst
SDR:db
Attachments
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Partners In Mobility.,._
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
Policy Position on State Legislative Issues
7511, Texas Legislature
1. Utilize the State Highway Fund (Fund 006) for its intended purpose of roadway maintenance and construction. There
is a growing gap between Texas' surface transportation needs and resources available to address those needs, which
is c.,mpounded by the declining portion of Fund 006 which is appropriated to the Texas Department of Transportation
(fxDOT), Reverse this trend, So that the State Highway Fund is used exclusively to maintain and construct Texas'
roadways.
2. Provide adequate enforcement and a permit fee level sufticienty high to discourage overweight vehicles from using
Texas highways or to generate revenue sufficient to repair the damage caused by such vehicles,
1 Rerri existing caps. limits, and restrictions on fees and taxes to enable local governments to implement revenue
measures earmarked for highway maintenance, rehabilitation, expansion, or new construction.
4. Support the Sunset Advisory Commission recommendation of September 24, 1496, and the Texas Turnpike Authority
(TTA) resolution of September 18, 1a96, to:
• Estabish a North Texas Tollway Authority (NTTA) comprised of Collin, Dallas, Denton, and Tarrant Counties,
• Transfer to NTTA all existing TTA operations. contracts, and liabilities within Collin and Dallas Counties.
• Create a separate division in TxDOT for toll projects statewide.
e Ensure that NTTA and TxDOT retain authority to issue project revenue bonds.
5. Continue TxDOT for 12 years, as recommended by the Sunset Advisory Commission, including-
is, Study the point or accountability for fuel tax cotlections.
• Authorize use of a State Infrastructure Bank to take lull advantage of federal highway funds.
• Remove obstacles to automating the contract bidding system.
• Use the Council on Competitive Government to i:,lp TxDOT define a balance between in-house and contracted
engineering services.
• 6. Establish a Texas Surface Transportation Study Commission comprised of House and Senate members appointed by
the Speaker and Lt. Governor and of citizens appointed by the Gormrltor, to study the State's surface transportation
needs, hold hearings throughout the State, and make specific recommendations for the 76th Legislative Session to
meet the needs of Texas' surface transportation system.
7. Amend SeC 452.102 of the Transportation Code to document that investments authorized under the Public Funds
i Investment Act for all Texas local governments are legal investments for Dallas Area Rapid Transit (DART). Amend ,
® Sec 452,108 of the Transportation Code to permit implementation of deceased tax leases (DTLS), ala;wing DART to 0 8
sell a taxable benefit, such as asset depreciation or lease expenses, to a private company. Amend SB200, the Texas
Clean Fuels Program, to grant certain credits, delays, and modifications as recommended by the Fort Worth
.
J Transportation Authority
Founded or 1995 the Partners Irt sro0,liry is a Duod and private WOr CO31110n of the NOM Tens Commisyon7Norm Texas Reg,;nai Transpormon
Tasx Force. me Danas Regional MoNq Coalmon. the Greater Danas Chamoer of Commerce. the Fort woM Charri of Commerce. and the NOM
Cerfrai Texas Counc-l of GovernmentsPegoonai TransDortonon Counal. Aimed al imoroving regional motxwty through Oeorve advocacy. me Partners
in moOhp merle locus on education. cNiaocraton. coordination and undy.
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Partners In Mobility,
A Coalition of Dallas-fort Worth Area
Public and Private Transportation Interest Groups
Policy Position on Federal Legislative Issues
105 U.S. Congress
I Remove the bur transportation trust funds from the Unified Federal Budget. Transportation programs are funded by
taxes and user fees; therefore they are sell•suppordng and should not be limited by domestic spending caps.
Removing the trust funds from the Unified Federal Budget frees the balances of all lour trust kinds to be spent down,
thereby increasing transportation expenditures and meeting priority needs.
2. Approp, iate motor fuel tax revenue only for the maintenance and improvement of the nation's surface transportation
infrastructure. Revenues from the sale of gaso!ine should be spent solely on transpoftation programs by going directly
into the highway and tr-risit accounts of the Highway Trust Fund. The use of these revenues for any other purpose is
unacceptable, given that investment in transportation is not kef.ling up with the need, Specifically, the $,Od3 per
gallon in gas tax revenue that is currently being applied to the General Fund to service the deficit should be
reallocated So the Highway Trust Fund to fund transportation improvements
3, Enact a surface transportation authorization bill to succeed Intermodal Surface Transportation Efficiency Act (ISTEA)
which:
• Adequately maintains and improves the National Highway System.
• Returns a minimum of 95 percent of the federal gasoline taxes collected in Texas back to Texas,
• Grves states and local governments broad authority and great flexibility in matching federal transportation sources
to their specific surface transportation needs.
• • Reduces the restrictions and program categories in ISTEA but does prov der program and project funds to achieve
air quality compliance as long as the Clean Air Act places mobility mandates on nonattainment areas.
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• Provides meaningful and sensible planning. coordination, and project prioritization roles for Metropolitan Planning I
Organizations.
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® • Encourages innovation and retains the principles of financial planning, partnership and consensus building.
0 O
Founded in 1995. me Partners In Mobarry is a oubxc and private sector Cealalon of me North Texas ConmissimlNorm Texas Reginnal Transportation
Task Force. the Callas Peplmaf Mobility Coalmon, the Greater Cams Chamber of Commerce, me Fort worm Chamber of Commerce. aria me North
Central Texas CeunCll or Governments'Regronal Transportaebn Council, Aimed at Improving regional mobility through tMecllva advocacy. T@ Partners
In MebtLTy efforts focus on education. eviotforai on, Coordination and unity,
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Partners'In Mobility.
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
Policy Position on Streamlined Transportation Efficiency
Program for the 2V Century (STEP 21)
The Dallas-Fort Worth Area Partners In Mobility
Nlestibcrs Congress: respectfully urge your support of the proposed legislation
regarding transportation funding proposed by
Congressmen Delay and Condit. This bill advocates a Streamlined Transportation Efficiency
Program for the 21 st Century (STEP 21). The STEP 21 concept is primarily concerned with
returning a greater portion of transportation funding to those states who have historically
contributed more to the Highway Trust Fund than they have received. The STEP 21 concept
should better recognize the significant air quality issues in certain metropolitan areas,
including Dallas-F)rt Worth, by continuing the role provided for local elected officials, acting
through their Metropolitan Planning Organization (MPO) under the Intermodal Surface
Transportation Efficiexy Act of 1991 (ISTEA). This role has allowed local elected officials to
direct the allocation of funds for metropolitan mobility, congestion mitigation and air quality
improvement.
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Foundea in 1995. me Panniers in Mobbry a a pubiia and private sector coalnion of re Nortr Texas Commisslonlr+ortm Texas Reg-onal Transportation hTaV Force. tme oanas Revcnai
Mobilay Coaimon. the Greater Callas Chamber of Commerce Pie Fort Worth Chamber of Commerce. AN the Norttl `
Central Teas Council o1 Govemmerly Reqonal TranWrlebon Coullo . Aimed at improvm0 rsgiomal moV> Ty through ellwtive advocacy the Fanners
in 613odi}y ellorts locus on eauGbon. cGlaborsw, coordination End ^1,
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U \MPOOCS',RWSTA7[ LSO
RESOLUTION NO.
A RESOLUTION IN SUPPORT OF THE POLICY POSITION ON STATE LEGISLATIVE
ISSUES FOR THE 75TH SESSION OF THE TEXAS LEGISLATURE; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the 75th Texas Legislature will be in session from
January to June of 1997; and
} WHEREAS, Texas' transportation system and related improvements
will be a critical issue to be coraidered and debated by the 75th
Legislature during the session; and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility is a
coalition of elected officials and business and civic leaders from
the North Central Texas region who are committed to maintaining the
viability of the Dallas-Fort Worth regional economy by improving
the area's surface transportation system through continued
investment; and
WHEREAS, the Dallas-Fort Worth Area Partners In Mobility have
worked in successful partnership with the Texas Transportation
Commission mince 1995; and
WHEREAS, the region's ability to fund the transportation
improvements identified in Mobility 2020: The Metropolitan
Transportation Plan will be significantly impacted by the work of
the Texas Legislature; and
WHEREAS, it is in the interest of the Dallas-Fort Worth region
for Denton to take a position on state legislative issues for the
75th Legislative Session; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY RESOLVES:
SECTION 1~ That the City of Denton is in support of the
attached Partners In Mobility Position on State Legislative Issues
• for Che 75th Texas Legislative Session.
SECTION II• That this resolution will be' sent to local,
regional, and selected committee representatives in the Texas
Legislature rmd any other interested parties.
SECTION III, That this resolution shall become effective
• immediately upon its passage and approval. e O
PASSED AND APPROVED this the day of 1997.
JACK MILLER, MAYCR
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ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
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Partners In Mobility,--. Oil Iiiii'l _.AA
A Coalition of Dallas-Fort Worth Area
Public and Private Transportation Interest Groups
PolicV Position on State •
751h Texas Legislature
1 Utilize the State Highway Fund (Fund 006) for its intended purpose of roadway maintenance and construction. There
is a growing gap between Texas'surface transportation needs and resources available to address those needs which
is compounded by the uerlining portion of Fund 006 which s appropriated to the Texas Department of Transportation
(TxDOTI Reverse this trend, so that the State Highway Fund is used exclusively to maintain and construct Texas
roadways
2 Provide adequate eniorceinent and a permit lee level sufficiently high to discourage overweight vel from using
Texas highways or to generate revenue sufficient to repair the damage caused by such vehicles
3 Remove existing caps limits. and resirichons on fees and taxes to enable local governments to implement revenue
. msures earmarked for highway maintenance. rehabilitation , expansion, cv new construction.
4. Support the Sunset Advisory Commissbn recommendation of September 24. 996. and the Texas Turnpike Authority
JN resolution of September 18. 1996. to,
• Establish a North Texas Tollway Authority (NTTA comprised of Collin. Dallas. Denton. and Tarrant Counties
• Transfer to NTTA all existing TTA operations, contracts, and Labilibes within Coffin aril Dallas Counties
• Create a separate division in TxDOT for toll projects statewide
• Ensure Mat NTTA and TOOT retain authority to issue project revenue bonds
5 Continue TxDOT for 12 years, as recommended uy the Sunset Advisory Commission including
• Study the point of accountabif iy for fuel tax coflections.
• Authorize use of a Slate Infrastructure Bank to take full advantage of fBderal highway funds
• Remove obstacles to automating the contract bidding system
• Use the Council on Competitive Government to help Til define a balance between in-house and contracted
engineering services
• 6 Establish a Texas Surface Trarsp0'lation Study Comm ssron comprised of Hol and Senate mernoers aoDorntec Dv
Ire Speaker and L1 Guf'ernor and of omens a. r Dnted 0) the Governor to srudy the Stales surface transpor,ahor
needs hold hearings throughout the Slate arc make sDer;fic recommendations for the 761h Legislative Session Ic
meet the needs of Texas surface transportat'or syste-ri
` 7 Am P.nC Sec 4-2 102 e' the TranSpor;ati0n Code ID 9JCUment Ind' nve5lments authprized U1der ,he ?ublid Funds ~ i
rvestmenl Acl lo' all Texas local ga~ernments are eega' rivestmeids to, Eallas area Rapid Tral fOAP r Amend •
• Sec :52 108 o'tne Transportation Code to perms mplementahor o' deleasec tax leases IDTLS, allowing DAP.' r:
sell a laxable N?rlefi; such as asset deorec anon o• lease expense to a Private company Amend S62X the Texas
Gear, cues Pr,iclram to grant certain credits .^•elavs are med,hcal ons as recommended by the Fort Worth
Transportahor tuthonly
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